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.
Disgrace Insurance: Protection if Your Product’s Endorser Has a Scandal
Companies frequently use celebrity endorsement deals in marketing strategies to influence consumers and build brand image and trustworthiness. But what happens when an endorser like Lance Armstrong becomes the pariah of a doping scandal, or Tiger Woods has a very public falling-out with his wife? What is a company to do with the millions of dollars of advertising research, marketing management, and consumer behavior? The answer is disgrace coverage. For specialized legal advice, reach out to an …
Rhode Island Business Contests: Laws To Ensure Compliance
No matter how successful a company may be, marketing departments and agencies are always in search of new opportunities to encourage growth, reach more people, and create more buzz around the business. One of the ideas that crops often fairly often: contests. But before they plaster the posters around, and announce it on social media, consider consulting with a lawyer. There are myriad official rules and regulations on contests and marketing giveaways that aren’t fixed when you add a legal …
Can Police Commandeer My Car to Help in a Chase?
A police officer commandeering a vehicle is something people are most familiar with from movies or TV shows. Like a Hollywood movie, the plain clothes cop is in hot pursuit of a fleeing suspect. The officer shows you a badge and tells you to get out of their car, "I'm commandeering this vehicle for a car chase!" Do you comply in this real-life situation, or should you refuse? Peace officers' rights to commandeer vehicles vary by state and local law. Generally, most states have statutes allowing …
Colorado Commercial Bankruptcy: Steps To File
All it takes is one bad deal, one unhappy client, or one bad contract, and your business could go under. Though it’s not always the business’ fault, when it happens, it’s time to seek help. Often, in the worst of times, it is hard to see the next move or to know when to ask for help. But small business owners should reach out to a bankruptcy attorney about their debt relief options or if it’s time to file bankruptcy if they see: A significant decrease in revenue Are unable to pay taxing …
Lava Disaster Claims and Homeowner's Insurance in Hawaii
Hawaii is a place that many dream to live out their silver years in peace and security. But what happens when this island splits open and active volcanoes that created this paradise come to take it back? For example, entire neighborhoods were buried in lava from the Kilauea eruption in 2018. Geologists are saying that these eruptions and devastation will possibly continue for years to come. What can homeowners do in the face of lava damage? Fortunately for people who have a homeowners …
Assisted Suicide and the Law
Colorado's End-of-Life Options Act allows terminally ill patients to request and self-administer a medication intended to end their own life. About a dozen states have assisted suicide laws, allowing for a peaceful death with dignity for terminally ill individuals. For people in other states, medical aid in dying comes with the threat of criminal penalties. Colorado law eliminates criminal liability and allows doctors and qualified advanced practice registered nurses to prescribe aid-in-dying …
Special Immigrant Juvenile Status as a Step to Citizenship
Imagine you were abandoned, abused or neglected by your parents and family members. Now, on top of that, you are alone and homeless in a foreign county. What in the world can you do? If you are in the United States and need the protection of a state juvenile court, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, immigrant children may qualify for lawful permanent residency — aka a green card. Reach out to an experienced immigration …
I Got Injured in an Amusement Park Accident. Can I Sue?
There are few better ways to beat the summer’s heat by flocking to amusement park rides, roller coasters and water parks with their water slides. While these joyous spots offer delightful distractions to our everyday lives, trips can end in tragedy. If you or a loved one suffers an injury in a theme park accident, what are your options? Well, tickets to amusement parks often have releases, or disclaimers, printed on their backs — though enforcement of them is questionable, especially as it …
Get Buff, Not Burned: The Protections in Gym Waivers
Those desiring to get fit dutifully trudge their way to their fitness center of choice and sign all of the documents required, pay their fees, and hope for the best. Often their only concern going forward is the number of calories burned, not the thought of getting burned by the liability waiver they signed. “In California, they enforce releases almost entirely unless signed by a minor,” says Los Angeles attorney Anthony J. Ellrod. “In most states there are statutory schemes regulating …
Understanding DUI Laws in Alabama
If you drink, drive, and get caught in the state of Alabama, there can be dire consequences. But you may not be aware of what the consequences of drunk driving are in Alabama, or the various ways in which you could be caught. Here is a primer. DUI Offenses in Alabama Alabama’s DUI law prohibits anyone from driving or being in physical control of a vehicle if: They have a blood alcohol concentration (BAC) of .08 percent or more; They are under the influence of alcohol, drugs, or any other …
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