Visiting the Scene - The Evidentiary Power of Video Surveillance Camera Footage

Posted by Steve Lombardi on February 08, 2012

Surveillance.jpgStanding falsely accused of felony assault in the severe beating of a man in a bar the video surveillance footage from Johnny’s Hall of Fame cleared the one man and now sends Des Moines Police looking for another man. The defense lawyer hired a private investigator that obtained the footage from the tavern. After police and prosecutors watched the video tape charges against the accused were dropped. Instead of accusing the wrong man they now are looking for a cage fighter. Watch the video to see how impressive this kind of evidence is in providing the defendant is the wrong guy. See Video Clears Man In Runner’s Beating Case, KCCI, Cynthia Fodor

Then there is a recent assault case at the Ankeny Wal-Mart. Police report two woman assaulted a female security guard at the Ankeny Walmart store at 1002 SE National Avenue about 4:00 pm, they don’t report on what day. What’s interesting is the surveillance store footage has a very clear picture of the two woman. See KCCI’s story, Do You Recognize These Women? Of course a photographs of customers is a long way from proving these are the same people who assaulted the guard, but it demonstrates that whenever there is the accusation of criminal activity the first line of offense and defense may be the surveillance cameras. 

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The future of payment for legal services - The Bitcoin?

Posted by Steve Lombardi on January 19, 2012

Currencies, world and tail.jpgWould you accept payment for legal services in bitcoin? Should you? What is a bitcoin?

It's digital currency that avoids traditional banking fees and limitations of regulations; but is it safe.

Is it safe? I'm not sure, but with governments devaluing currencies it's probably going to increase in use and value. After all once governments decided to go off the gold standard the only value to money is in the full faith and credit of the government that issues it. If the government devalues it's full faith and credit then the money they print becomes worthless forcing people to seek other ways of payment. It's really no different than bartering for services. Instead of accepting dollar bills you take chicken to make chicken soup for the family.

According to the Bitcoin Organization bitcoin is an experimental new digital currency that enables instant payments to anyone, anywhere in the world. Bitcoin uses peer-to-peer technology to operate with no central authority: managing transactions and issuing money are carried out collectively by the network. Bitcoin is also the name of the open source software which enables the use of this currency. 

Bitcoins avoid banks and government clearing houses thus avoiding fees and probably judgement creditors. They are transferred person to person. The user needs a digital wallet. 

 

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Iowa Industrial Commissioner Sues Iowa's Governor Alleging Sexual Preference Discrimination

Posted by Steve Lombardi on January 16, 2012

GODFREY_BRANDSTETTERX390.jpgSurely the hate mail over this lawsuit will drive the U.S. Postal Service into the black. This past week the gloves came off when the Iowa Industrial Commissioner (Chris Godfrey) personally sued Governor Terry Branstad (and others in his administration) for discrimination, defamation and harassment over the Governor’s reduction in Godfrey’s annual salary by nearly $36,000. It left me wondering how any of this serves the people of Iowa.

The Govna wanted Godfrey to resign claiming inter alia that Godfrey's actions were getting in the way of job creation in Iowa. Essentially the claim is that he wasn’t doing a good job; a claim which is seriously flawed to the point of being frivolous. (On this point you need only read how the Iowa Economic Development Authority sells this state to the business community.) Iowa’s workers’ compensation program is heralded as one of the best run programs in the country. Godfrey’s suit says if I am doing a good job what else is left but a right-wing attack on my sexual preferences? 

"Iowa’s workers’ compensation costs are among the nation’s lowest. The average cost of workers’ compensation insurance for manufacturers in Iowa is 16 percent lower than the national average. Iowa law provides for employer choice of doctor." (Actuarial and Technical Solutions, 2009) - quote from Iowa Economic Development Authority, Iowa's Business Advantages LINK

I'm not sure in Iowa I've seen this level of dirty politics being played with the Iowa Industrial Commissioner position. As someone who is a registered Republican and who has practiced before the commission for over 30 years I have to say Chris Godfrey is doing an excellent job. His decisions find balance and frankly the Commission under his administration hasn't favored the injured workers. There is a balance struck that favors no one side. He sticks to the law. His decisions are as fair to the employers as they are to the injured workers. The facts seem to dictate the outcome and if I had to pick a side I'd say the Commission favors the employers. So come on Govna what the heck are you doing?

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Fly Me To The Moon is the future of credit card transactions

Posted by Steve Lombardi on January 05, 2012

How do you, with grace, divide a dining bill between six friends? Watch this video and see the future of currency and consumer financial transactions.

Future Legal Issues: Just how relevant is the U.S. Dollar?

Posted by Steve Lombardi on January 04, 2012

Listen to Heather Schlegel discuss the future of alternate currencies and transactions in an Internet world. The boundaries of countries disappear along with the need for citizens to base their confidence in any one country's currency. How does law keep up with technology? When the boundaries of countries and states become less relevant to commerce how do legal issues change? Do some simply disappear? 

 

 

 

B2B Business Sale NonCompete Covenants Get Stricter Enforcement in Iowa

Posted by Steve Lombardi on December 26, 2011

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When purchasing an ongoing business the last thing you want is for the selling owner or equity partner to set up shop across the street. So most buyers will have the seller agree to restrict their business activities for a certain period of time and in a certain defined geographic area. That is what this case is about. Sutton vs. Iowa Trenchless, L.C., No. 10-2114[1-582] November 23, 2011, In The Court of Appeals Of Iowa.

The Court found the case was tried as a law action. The Iowa Court of Appeals reviewed the Guthrie County District Court decision to not enforce a noncompete clause having to do with the sale of a trenchless boring business interest for $200,000. The buyers were equity partners who were at his request buying out a third equity partner. The seller filed a declaratory judgment action seeking to nullify the effects of the non-compete and non-interference clauses a part of the sale terms.

“While Iowa Trenchless believes this is a matter of first impression in Iowa, what both parties and the district court failed to ascertain is that Iowa has long held covenants not to compete between business owners as ancillary to a purchase agreement are viewed with more indulgence than covenants not to compete between employers and employees. See Brecher v. Brown, 235 Iowa 627, 631, 17 N.W. 377, 379 (1945), overruled on other grounds by Ehlers v. Iowa Warehouse Co., 188 N.W.2d 368 (Iowa 1971).”

The court explained the limits of the Rasmussen decision saying whether the standard of review for business sales is more stringent than for covenants between employers and employees was not addressed.

1 While Rasmussen involved a covenant not to compete ancillary to a business purchase agreement, our court was not asked to address the standard of review for covenants between owners versus covenants between employers and employees. 463 N.W.2d 703, 704–05. It is not appropriate to use a case to establish a proposition that was not required to be decided in that case. State v. Iowa Dist. Ct., 492 N.W.2d 666, 667 (Iowa 1992). Thus, while the issue of the standard of review in cases involving covenants not to compete ancillary to a business purchase agreement has been addressed by Iowa courts, it was not addressed in Rasmussen.  

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