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Tilting the Scales Business Issues with a Legal Slant

Category Archives: Criminal Law

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Declaring War on Drones: Is it a Crime to Shoot Down a Drone over Your Property?

Posted in Constitutional Rights & Issues, Criminal Law, Property Issues

Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool. Daisy shouted, “That drone keeps hovering over the pool area looking toward me. Do… Continue Reading

Foreseeability and a Business Owner’s Liability for Criminal Acts of Others

Posted in *Way Out - Advice, Criminal Law, Legal Risk Management

Recently we’ve discussed how the foreseeability of the potential harm caused by a person’s actions can make them liable for negligence. Recent horrific events in Garland and Waco, Texas bring up a related question: can a business owner ever have a duty to protect his customers from the wrongful – even criminal – acts of… Continue Reading

Paying Child Support: Are Your New Hires Being Honest?

Posted in *Way Out - Advice, Criminal Law, Employment & Labor, Family Issues, Legal Risk Management, Money

Knowing that his old high school friend Iman Dedbeet had just been taken to the cleaners by his ex-wife Goldilocks in a nasty divorce, Johnny Clueless decided to help Iman out by hiring him as his general sales manager at Clueless Automotive. Johnny knew that Goldilocks got full custody of Dedbeet’s kids and that Dedbeet… Continue Reading

Asylum’s Just Another Word for Nowhere Left to Go

Posted in *BTW - Noteworthy, Criminal Law, Legal Risk Management

U. Hyde Meah’s employer required him to agree contractually that top secret information he reviewed as a technical contractor for the United States government would not be disclosed. Later Hyde leaked details of several top-secret mass surveillance programs to the press. Hyde sees himself as a hero and a whistleblower. The U.S. government views him… Continue Reading

Rocky Mountain High: Can You Be Fired Even if You Legally Smoked Marijuana?

Posted in *BTW - Noteworthy, Criminal Law, Employment & Labor

Stressed out from her job as the manager of Brewed Awakening, a Houston-area coffee shop, Mary Jane Blunt heads to Colorado with her family for a well-deserved Spring Break ski vacation.  Blunt is excited to learn that Colorado recently legalized marijuana.  While on vacation, Blunt fully enjoys Colorado’s beautiful slopes and relaxed drug laws.  Responding… Continue Reading

Have Gun, Will Travel? [Part Two] – Owner’s Liability to Employees for Violent Acts

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Employment & Labor

Last month Tilting pondered an owner’s liability to customers from violence at the midnight showing of “Paladin – the Gentleman Black Knight” – the remake. Patrons and employees alike were ambushed at the Orpheum Theater. According to news reports the Paladin look-alike bought a ticket. After the movie started he slipped out through an emergency… Continue Reading

LEGISLATIVE UPDATE: HB 700 Seeks to Allow Handguns to be Carried Openly

Posted in *2013 Legislative Updates, *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Sports & The Outdoors

Will this Legislative Session impact business owners? With the assistance of our own LRM Freshman State Rep. Jeff Leach, R-Plano, Tilting the Scales will periodically post updates on bills that might affect your business, along with an occasional humorous twist. As an example and keeping in the tone of this month’s postings on gun control, as the… Continue Reading

Have Gun, Will Travel: Owner’s Liability to Patrons for Violent Acts

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Legal Risk Management, Property Issues

Attendees at the midnight showing of the remake of the movie “Paladin – the Gentleman Black Knight” were ambushed at the Orpheum Theater. According to news reports the accused bought a ticket and sat in the audience. He waited until after the movie started and then stepped out where he donned riot gear and re-entered… Continue Reading

Glock on Board: Can you Keep a Handgun in Your Car if you Don’t have a Concealed Handgun License?

Posted in *Way Out - Advice, Constitutional Rights & Issues, Criminal Law, Sports & The Outdoors

Sam Colt lives in Dallas and is a gun enthusiast.  As a result of a rash of car jackings in his neighborhood, Colt regularly carries a Glock 9mm in his vehicle for self-protection, although he does not have a concealed handgun license.  Driving to his local bank last week, Colt tosses his gun into the… Continue Reading

Liar, Liar, Pants on Fire – Can You Really Be Sentenced for Perjury?

Posted in *BTW - Noteworthy, Criminal Law, Legal Risk Management

Chuck Ponzi is subpoenaed to testify in a fraud case concerning a complex pyramid scheme.  Ponzi’s deposition testimony is critical to the Plaintiff’s claims that investors were promised a 100% profit within 90 days of their investment.  Having read about Roger Clemens recently avoiding perjury charges because his deposition testimony was not presented in court… Continue Reading

Application of Criminal Double Jeopardy

Posted in Criminal Law

Lou Pole was indicted on charges of first degree murder and pled not guilty to the killing of his three-year-old son. The prosecution sought the death penalty in a six week trial that received intensive national media attention and was a popular topic on television talk shows. Pole did not testify at his trial. To… Continue Reading

Red Light Traffic Camera Violations

Posted in Criminal Law

Bjorn Free left Dallas for a 10 day photo safari.  While on his African adventure, Bjorn’s 20-year-old son, recently back from college and in need of a place to stay, agrees to house sit.  Upon his return and after getting rid of some serious jetlag, Bjorn goes through his giant pile of mail.  Hidden among… Continue Reading

When and When Not to Take a Breathalyzer Test

Posted in Criminal Law

After downing vodka gimlets at a friend’s Super Bowl bash, Al Coholic gets behind the wheel of his shiny bimmer and carefully winds his way up Central Expressway.  Al travels a few miles before he notices flashing red lights in his rear view mirror and realizes that a police officer is pulling him over.  Al… Continue Reading

Accountant-Client Privilege

Posted in Criminal Law, Legal Risk Management

Alice B. (“Babette”) Toklas has a new pastry catering business which she operates from her home. The only delicious delectable pastry, and best seller, that Babette sells is her special, knock you over brownies with their “secret ingredient.” Babette’s husband Douglas is a writer. While Douglas and Babette rely upon the income from Toklas Tasties… Continue Reading

Attorney-Client Privilege

Posted in Criminal Law, Legal Risk Management

Oyle E. Driller’s rig caught fire in the Gulf of Mexico last summer, and he has been scrambling ever since. Almost too late, Oyle allowed his corporate communications department to hire the public relations firm of Frank Lee Madear and his partner Gemma Damm who specializes in crisis management-public relations. To report current information and… Continue Reading

March Madness Basketball Gambling

Posted in Criminal Law, Employment & Labor

It’s March and NCAA Madness is in full swing. Cindy Rella, your office manager, is now a water cooler fixture bragging about her imminent victory in the office basketball bracket.  Sitting at your cubicle bitter that your team lost in the first round, and even more bitter that Cindy, the office sports idiot, used the… Continue Reading