The Law Planet Blog

I admit that there are times when I am easily entertained. And I am an avowed Microsoft-disliker. But I have to hand it to the folks in Redmond, they've got me interested in something. Click on this link. Then hover over the pushpin and select Zoom to Street level.

Here's the fun part. Then click on "Bird's Eye" view. That's Dobin & Jenks world HQ. The picture was taken since last October. I think this is very cool. I've used this feature to find sports fields and locate restaurants. It's much better than the plain old aerial view or map. I've used it to see my house (and the landscaping the builder added before I bought it).

The main URL is http;//maps.live.com. Enjoy it and use it well.

That's the bird's-eye view from The Law Planet, Jupiter, Florida.

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Posted In: Items of Interest , Legal Technology

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When I'm not practicing law, you might find me at a Suncoast High School girls' lacrosse game, where I am an assistant coach. Truth be told, I have no special lacrosse talents, but I go there to help, provide some organization and maybe a few tips I've learned over the years as an amateur sports coach.

But, today, I'm writing about one of the players, Kelsey Sheridan. Kelsey is a senior who has been accepted to Northwestern University. Kelsey is the unofficial cheerleader of the team. She also was involved in getting the team started, I understand.

Tomorrow, Kelsey will be getting her head shaved for the St. Baldrick's Foundation. My head is going that way slowly and naturally, so I will stay with what I have. And I have some clients who look like they've already participated.

Ah, to have youth on your side for regrowth.

You can make donations for Kelsey's head shaving here. Kelsey's a great kid and very spunky. If any of my three readers can donate a little bit, that would be great.

That's the view from The Law Planet, Jupiter, Florida.

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I just read another article about how Apple is going to take over the business desktop. Maybe I'm just getting old and surly, but I'm not convinced it's an enterprise device. Here's why.

1) The iPhone keyboard sucks. That's the only word for it. If you like guessing where on the touchscreen you have to put your finger to press the letter "k", then enjoy. Me, I like a keyboard that gives me a "k" when I hit a "k".

2) The iPhone is fragile. How many manufacturers have come out with skins, condoms, buffers, and other devices to prevent your pretty little iPhone from suffering from the ravages of gravity and a pavement parking lot? Now, see how many you can find for a Blackberry. There's a reason folks. You can drop a Blackberry. Drop an iPhone and it will make a nice paperweight for your desk. (I can hear it now "That one I dropped on the way to court. That one I dropped on the way to an important meeting. My cat knocked that one off the counter.")

3) The iPhone is a phone, not an email device. See remarks re: keyboard above. Business users want email first and a pretty phone second. If they wanted a pretty phone all the time, they'd carry a RAZR. (Which I do, but not just because it's pretty).

4) The mirror slick exterior surface. What genius came up with that? Oh yeah, the people whose friends are selling the skins, condoms and other things to wrap around the pretty piece of artwork. It was really stupid to take a device that doesn't like to be dropped and wrap it in something that makes ice look like an OSHA-complaint stair tread.

Yes, my kids want iPhones. And it sure is purty. But give me a break. A business device? No way.

That's the extraordinarily crotchety view from The Law Planet - Jupiter, Florida.

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Posted In: Law Practice Management , Legal Technology

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Since just about the beginning of time, FINRA (formerly NASD) fines were viewed as a mere nuisance by out-of-business firms and former registered persons. FINRA has been criticized in the past for not collecting regulatory fines or fees from arbitration proceedings. At least in one case, this seems to have changed.

FINRA filed, and won, an enforcement action against John Fiero and Fiero Brothers, the broker-dealer he controlled, obtaining an award for over $1,000,000 in fines and costs. In the past, this would have been a pyrrhic victory for FINRA as it was well-known that they would not pursue collection if the firm was out of business. Well, it looks like this is no longer the case. FINRA filed a lawsuit in New York state court to collect the award.

FINRA was successful in the lower court and the appellate level. There were various defenses raised by Fiero and his company -- all of which were nice attempts but hard to fathom. Their success, perhaps temporary, came at the Court of Appeals, New York's highest court. For the first time in this matter, it appears, a court addressed the issue of jurisdiction over the action. The Court of Appeals found that Section 27 of the Exchange Act of 1934 specifically provides for "exclusive jurisdiction" in Federal Court. Boom, like that, FINRA was foiled.

Probably not for long. And this will be a lesson for those of us who practice in this area. We can no longer advise clients that, out of the business means that FINRA won't come after you. Maybe it's based on dollar level, but we'll see.

That's the view from The Law Planet -- Jupiter, Florida.

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Posted In: Legal Issues , Securities Industry , Stockbroker Issues

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