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
In California, a business may face liability for certain data breaches if it failed to implement and maintain reasonable security procedures and practices. In some situations, consumers can sue to recover statutory damages for a qualifying data breach, for example, under the CCPA's limited private right of action. Large-scale data breaches can result in class action litigation and reputational harm. For legal advice about unauthorized access and data breaches involving your company, contact a …
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?
You can get a bicycle DUI in states that define vehicles to include bikes, subject to misdemeanor charges and criminal penalties. Cycling under the influence requires operating a vehicle over the legal BAC limit when a state statute vehicle definition includes bikes. Police evaluate alcohol impairment using field sobriety tests and a breathalyzer test to check the operator's blood alcohol concentration with implied consent. Some local ordinances have public safety traffic laws specifically …
Do I Need To Trademark My Business Name?
You do not need to trademark your business name just to operate, but you should get trademark clearance if you want to protect your brand identity or want to grow your business for nationwide protection. Trademark registration of your business name gives your business exclusive rights against trademark infringement, statutory damages, and avoids consumer confusion. Corporate registration may give you limited brand protection and limited common law rights against unfair competition. However, a …
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?
Informed consent is a voluntary agreement to receive treatment after a risk disclosure and benefit analysis. Medical providers must provide a full disclosure of risks, potential complications, reasonable alternatives, and the consequences of treatment refusal in a shared decision-making process. Patient autonomy also means they can withdraw from care, with emergency exceptions. Doctors must give information disclosure and ensure patient understanding to get a signed authorization. Doctors face …
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?
You can save a pet locked in a car in some states by opening an unlocked door when hot car temperatures put animals at risk of harm. Good Samaritan laws provide civil immunity to individuals who use reasonable force to provide emergency rescue when the distressed animal is in imminent danger. These laws provide a justification defense against criminal liability and property damage claims when the individual has a good faith belief that it is necessary. Before breaking a window, try to locate …
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