A New Champ!

  litmagglassBing and Microsoft get the award for this year’s (so far) finest, fine print award. Yes, Bing & MS win the coveted Lighted Magnifying Glass Trophy for 2014 (so far)!!!!

bingI suppose I shouldn’t complain. They sent me a card for $200 in free ads! But when you flip it over and read the fine print that the asterix obviously leads you directly to like a road map you find this:


The photo doesn’t do it full justice, but it is actually on the bottom of the reverse side of the second page. But wait! It gets better! The disclaimer/warning/notice is also placed in a grey shaded area and the type color is GREY! GRAY, Microsoft, Grey! It looks like MS just gave up and isn’t even trying to be sneaky and maintain any plausible deniability because the type color for the MS logo is actually dark, normal black. But I do kid.

I still love you almighty, omnipotent and omnipresent MICROSOFT and your asterisked disclaimer is really quite kind and doesn’t significantly limit my ability to get $200 in free advertising. Does anyone use Bing? Do you bing things?

Now if all free ads would stop asking for my credit card before I get the free part of the deal I’d feel a little better and maybe even like I was actually getting something free. After all, we know you do that because you’re banking on us forgetting to cancel the damn order once the free part is over.

We didn’t really want this in the first place anyway because all we really wanted was the free thing. And only because it was free, ya know? But it’s too late again and now I’ve paid four months for something I never used once and don’t even remember what it was. I gotta cancel this.

Now if I could just find the unsubscribe or cancel procedure written down somewhere on this webpage . . . . Maybe it’s written in grey ink in that gray box at the bottom and on the flip side of the last page?


Civilized Proceedings, On Lines & Inner Nets, Publicly Recorded, Uncategorized

Stop Making Sense!

What is this? A Pol with a real apology? He’s reading it, but it sounds heartfelt. I giveth thee the benefit of my doubt, Charlie. You picked the wrong guy to swipe a song from, but hey, at least you have good taste!

I love the creative settlement term that seems to fit the offense. If you used the song on YouTube without licensing it, then you should apologize on YouTube for doing so. Seems apt.

What bothers me is our “lawmakers” either: 1) Don’t know much about the law (less than a typical teenager in this case); 2) Don’t care what the law is if it gets in their way; 3) Don’t believe it applies to them; or/and 4) Are so dumb they don’t think they’ll get caught using a song publicly for a political campaign. All of the above?



This Cold Snap Is Making It Colder Than the Surface of Mars | Smart News | Smithsonian

Oh Minnesota, they said you’re colder than Mars! I still love ya, but damn!

Wind Chill Advisory from Fri, 12am until Fri, 9am CST

7:15 Mostly Cloudy  -5°    FEELS LIKE:  -23°


1/1/2014 In northern Minnesota right now, the temperature has dipped to a staggering -42 F. The chill is running so deep in the North Star State that it’s not only colder than in the lands above the Arctic Circle, it’s actually colder than some of the daily temperatures on Mars—you know, the planet 78 million miles further from the Sun on average.

The source of these freezing temperatures, which are heading to ….

READ MORE: This Cold Snap Is Making It Colder Than the Surface of Mars | Smart News | Smithsonian.



Appealing Appeals Applied, Attorneys & Lawyers & Counselors, Constitutionally Civil Rights, Contractually Bound, Discovered on Demand, Fraudulently Fooled, Legally Educated, Litigation of Business | Business of Litigation, Technically Lawful, Uncategorized

New Name–New Logo–Same Firm


Practical Counsel | Aggressive Protection | Creative Solutions

A Blog about Litigation and Business


Happy New Year – unless you log in remotely…

Some things about practicing law are the same wherever you may roam. See the following from a Solicitor’s blog: Legal Orange. http://legalorange.wordpress.com

Legal Orange

So rather than live in fear of the “To Do’s” mounting up as I am out of the office I decided to log in remotely. Bad idea.

There was almost 200 things to do. This was made up of a variety of things:

  • incoming emails, post & voicemails
  • management information
  • a last minute application made on the same day they were due to file a defence (they want arbitration now, having never mentioned it beforehand)
  • witness statements that have been returned
  • a defence (which is likely to succeed)
  • expert reports (both of which look unfavourable, having already been paid handsomely to provide a preliminary report, now the case is going to be litigated they have both got cold feet at the prospect of attending Court) 
  • outstanding cost matters that were not completed by year-end (*argh*!!!)
  • etc, etc, etc


After about 3-4 hours I managed to get this under the 100 mark…

View original post 190 more words


Give Yourself 5 Stars? Online, It Might Cost You

September 22, 2013

Give Yourself 5 Stars? Online, It Might Cost You


“I celebrate myself, and sing myself,” wrote Walt Whitman, America’s great bard of self-promotion. As the world goes ever more digital, quite a few businesses are adopting that philosophy — hiring a veritable chorus of touts to sing their nonexistent praises and lure in customers.

New York regulators will announce on Monday the most comprehensive crackdown to date on deceptive reviews on the Internet. Agreements have been reached with 19 companies to cease their misleading practices and pay a total of $350,000 in penalties.

The yearlong investigation encompassed companies that create fake reviews as well as the clients that buy them. Among those signing the agreements are a charter bus operator, a teeth-whitening service, a laser hair-removal chain and an adult entertainment club. Also signing are several reputation-enhancement firms that place fraudulent reviews on sites like Google, Yelp, Citysearch and Yahoo.

A phony review of a restaurant may lead to a bad meal, which is disappointing. But the investigation . . .


Read the whole article here: http://www.nytimes.com/2013/09/23/technology/give-yourself-4-stars-online-it-might-cost-you.html?smid=pl-share


Vegas CityCenter to Consider Further Testing to Prove Construction Defects

In Minnesota and all around the country, there are issues with both small and large construction projects, which an compromise the integrity of a building and jeopardize the safety of all who inhabit the structure.

In Las Vegas, CityCenter executives may be conducting more destructive inspections of the Harmon Hotel tower, which resides on the Vegas Strip. A court ruling was handed down in July 2012 after it was found that the CityCenter could not tell the court that destructive testing at nearly 400 locations within the building proves that there are over 1,400 defects in the building due to the testing not being random enough.

Due to the alleged construction and design defects, there are unpaid invoices to the construction company for the unfinished building that touts a price tag of $275 million.

The CityCenter may appeal the ruling or may seek permission from the court to conduct more destructive testing to strengthen its case.

Destructive testing can involve using a jackhammer on the concrete to determine whether or not reinforcing steel was installed where it was supposed to be installed and whether it was installed properly.

The unused Harmon is planned to be demolished, but it is not clear as to whether or not this planned demolition will move forward in the near future because of the current litigation. However, the court did rule that the CityCenter can move forward with implosion of the building. CityCenter has stated that the building is such a safety hazard that it could crumble in an earthquake. Perini Building Co., the contractor that constructed the building, states that it is safe and can be repaired.

It is possible that the contractors will appeal the order to demolish. In the meantime, CityCenter has to create a demolition plan that Clark County must approve, which means the additional destructive testing that CityCenter wants could be a part of that plan.

A CityCenter official stated that every time concrete has been chipped away within the building, a structural defect has been revealed. There is confidence that ample evidence can be produced to prove that Perini built an unsafe building. Pacific Coast Steel had rendered the building unsafe and a major financial liability to CityCenter. CityCenter has stated that since they have approval by the court to demolish, they will move forward with it.

Half owner and manager of the CityCenter compled, MGM Resorts International, stopped construction of the tower in 2010 because of the defects that were found. The defects have been blamed for construction and design issues. Litigation then began between the parties, with Perini stating that CityCenter owes them up to $240 million for the work they completed. CityCenter states they owe them nothing because they did not build a hotel that could be used.

Perini states that the 26-story Harmon Tower can be repaired for $21 million. CityCenter, on the other hand, says it would cost almost $200 million to perform the repairs and that the repairs would take 10 months or more to complete.

CityCenter states that the delays with the court proceedings are harming the CityCenter’s finances. Even if the building was fixed, the company would spend another $30 million overcoming the fact that there is a stigma attached to a repaired building. Perini feels that it will prevail in the end, as the company contends that demolition is simply a business strategy by MGM Resorts to not complete the structure due to the recession.