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.
How To Avoid Contract Disputes
The American court system is open and available to everyone with a dispute, but suing someone in a contract dispute can be extremely expensive. For many, the costs of going through a jury trial are prohibitively high, but there are other forms of dispute resolution. "Almost every case in California settles, because with two reasonable, objective, smart attorneys on both sides, both can evaluate where the case should end up," says mediator Bruce Isaacs. "The range may differ, but since most …
California Data Breach Laws: Steps To Take for Apps
Would it surprise you if there were no laws controlling the app data on your phone? Because that’s the truth. These programs you interact with, often several times each day, don’t have regulatory constraints and, if an app is free, you’re the product. “I frequently tell my clients, ‘the thing you think is a phone, isn’t a phone; it’s a marketing device,’” says Encino business litigator Adam D.H. Grant. Collecting Personal Data Apps are not necessarily about offering you free …
Can You Sue for Workplace Harassment?
A young, ambitious new employee is an essential member of the team, making contacts and rising through the ranks quickly. They garner the attention of many supervisors; unfortunately, one takes it too far. They give unwelcome sexual advances, looks, or touches. It’s shockingly common. “It affects everybody, every day,” says Caitlin Madden, a former employment law attorney in Madison, Wisconsin (she now serves as Deputy Legal Counsel to the Wisconsin Department of Workforce Development). …
Can You Get a DUI When Riding a Bicycle?
Driving under the influence of alcohol not only risks serious injury to yourself and others—it can lead to serious legal consequences. But say you’re not driving a car — you’re riding your bicycle. Is drinking and biking illegal? The answer is that it depends on your state's laws: Some DUI laws are limited to motor vehicles. In these states, you could get a DUI for driving a car or motorcycle, for example, but not a manual-powered bicycle, since they don't have an engine. Other state …
Check Your Brand Before Brewing
The craft beer, spirits and wine industries are becoming increasingly more crowded. The alcohol industry is now a multi-billion dollar industry in the state of Oregon, and more companies, brewers, and taprooms are popping up each year. But, with more producers entering the space, the legal issues associated with branding become more difficult. Testing for Trademark Infringement Beer, spirits and wine are considered the same, or substantially similar, products. This means that any mark or …
Brewing Success: Trademark Law in the Craft Beer Industry
Craft beer sales are serious business. As the beer market grows in the United States, so do legal issues associated with the intellectual property rights of craft breweries, including how to decide on a memorable name for a registered trademark and brand name. Common Trademark and Branding Issues in the Brewing Industry “One of the big issues we run into is that alcoholic beverages are considered—under the law and by the U.S. Patent and Trademark Office (USPTO)—to be a related …
The Defenses for Prostitution and Solicitation in Nevada
Though the act of paying someone for sexual favors and sexual acts is controversial in the United States, the industry continues to flourish in Nevada. However, the thinking that “everything goes in Las Vegas” isn’t strictly true. In Nevada, only counties that have a population below 700,000 are permitted to authorize the operation of licensed brothels and licensed house of prostitution, where prostitution can lawfully take place without facing solicitation charges. The county where Las …
What Is Informed Consent? Do I Have To Accept Medical Treatment?
Health care services are unique because customers do not shop around or negotiate contract terms with providers. Instead, patients place their trust and faith in their doctor to make the right decisions. In many cases, patients may not even think to inquire about the possible risks or complications that may arise from medical interventions, including complex procedures such as surgery. This is why medical care requires informed consent. Informed consent means that patients understand the risks …
A Presidential Pardon Primer
Jack Johnson, Scooter Libby and Danesh D’Souza were all pardoned by former President Donald Trump, trending a lot of talk about just how a president's pardon power is to someone. It certainly sounds like an incredible thing. But just what does a pardon from the president mean? And how do you get one? A presidential pardon is ordinarily a sign of forgiveness, and grant reprieves are granted in recognition of the applicant's acceptance of responsibility for their committed …
When Can You Save a Pet Locked in a Car?
It’s a beautiful, sunny, hot day in Oregon. You’ve got some errands to run, and you’d like to take your furry friend out with you. Your first stop is a short one, so you figure your dog will be fine in the parked car. But the problem is, you could be endangering your pet, and breaking the law, in doing so. Oregon’s Good Samaritan Law Oregon recently passed a Good Samaritan Law, which lays out the circumstances and penalties for confining an animal in a unattended parked vehicle. This …
Find top lawyers with confidence
The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.
Find a lawyer near you