About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
Managing the Legal Risks of Social Media Inside and Outside the Workplace
Social media is an important recruiting, sales, and marketing tool for many businesses. To use social media effectively while avoiding legal issues, employers should review their social media policies and practices. This article provides an overview of managing the risks of social media for employers. Many employment and labor laws vary by state and industry. For legal advice about social media policies under your state laws, contact a local employment law attorney. Social Media's Impact on the …
Starting Your Small Business: Why Legal Guidance Is Essential
This year you’re going to do it: You’re going to strike out on your own and finally start your own small business. You have the right experience and knowledge, and even a great product. But is there a path that can potentially lead your startup to being more successful? For one, you should call a lawyer. “When you start getting the inkling that you may want to start a business, that’s when you want to find a business attorney to help organize that inkling,” says attorney Marshall …
What To Do if Your Child Is Arrested or Charged in Illinois
No one is perfect, and we all make mistakes—especially in our youth. But if those mistakes land your child in the juvenile justice system or juvenile detention, thankfully there are options in Illinois. While young people may violate the law at some point during their adolescence, most juvenile crimes are minor violations such as missing curfew, shoplifting, littering, or speeding. A relatively small proportion of juveniles are actually arrested and enter the juvenile justice system each …
What Is an Inclusion Rider?
At the end of her Oscars 2018 Best Actress acceptance speech, Frances McDormand said two words: “inclusion rider.” The phrase, trending, sent the internet into a tizzy and created a flurry of explanations about what the noted actress meant. An inclusion rider is a clause in a contract that states that the crew and cast of a movie must include a certain level of diversity. UCLA's annual Hollywood Diversity Reports have shown there’s a disparity in the representation of women, people of …
Is a Contract with a Computer Program Enforceable?
The common fears around giving AI power are rooted in visions of HAL and Skynet — computers that are given full autonomy end up subverting the humans that created them. Taking this to the real world, Google Translate is a handy modern feature that translates between a multitude of languages using AI technology. It was coded by engineers to translate in the most efficient manner, and the software program wrote its own language to do so — a language no one knows or can fully explain. In a …
Does Law Enforcement Need a Warrant To Search Your Cellphone?
Phones play a crucial role in most people's lives, as many of us hold private information on these devices. It stores personal data, your digital wallet, social media messages, and the names and contact information of friends and family. If law enforcement officers do an unlawful search of your phone, the information obtained may be inadmissible in court due to the exclusionary rule. Civil rights and privacy laws can vary by state. For legal advice about cell phone searches by the police, talk …
Can a Parent Be Charged With Kidnapping?
When you think of kidnappers, plotting criminals and human trafficking rings may come to mind. But many of the people charged with kidnapping, or parental child abduction, North Carolina are parents and their targets are the children they brought into the world. The kidnapping statute in North Carolina says that one is guilty of kidnapping if they unlawfully confine, or restrain, or remove from one place to another a person under 16 years of age without the consent of their parents. If you are …
Can I Put a Stop to My Hoarder Neighbor?
It is sometimes tough to know when someone, or even a family member, is simply messy and likes collecting things or if they need help for the mental illness known as hoarding disorder (HD) that reportedly affects between 2 and 6 percent of the U.S. population. The International OCD Foundation provides some guidance, saying a mental health diagnosis of HD requires the following: A person collects and keeps a lot of items, even things that appear useless or of little value to most people The …
Is Graffiti Illegal in Minnesota?
Graffiti art is a polarizing issue. Some think it is a form of artistic expression, like murals or paintings, that should be preserved or even sold in high end art galleries or public places. Others see it as a form of vandalism or an eyesore that must be eradicated. In 2016, Minneapolis’ Graffiti Abatement and Enforcement Program spent $539,420 on graffiti prevention, removal and enforcement. In fact, the city has a website, hotline and an app you can use to report graffiti—and, …
The Ins and Outs of Disturbing the Peace in Minnesota
It’s the old Hollywood trope: Kids throw a big party when their parents aren’t home; the cops get called; everyone runs. But what happens when adults are having a party, and the neighbors call the cops? No one is breaking the law just having a party, so why would law enforcement officers show up? If you've been charged with disturbing the peace, don't wait to contact a Minnesota lawyer. Disturbing the Peace Disturbing the peace is why. Everyone in the State of Minnesota has a right to peace …
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