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#investment advice Davis County
premierfpg · 5 months
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Navigating Your Financial Future: Expert Investment Advice in Davis County
For a safe Financial atmosphere, You need to maintain the future requirements and strategic approach. Finding a suitable financial advisor is vital for Davis County where people look to reach investment goals and secure their financial tomorrow.
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colindaviesrealty · 25 days
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Discover Your Dream Home: Houses for Sale in San Pablo, CA
If you’re in the market for a new home, San Pablo, CA, offers a range of exciting opportunities. Nestled in the heart of Contra Costa County, this vibrant city combines the charm of suburban living with the convenience of being close to urban amenities. Houses for Sale in San Pablo CA Whether you’re a first-time homebuyer, looking to upgrade, or seeking a new investment, San Pablo has something for everyone.
Why Choose San Pablo, CA?
San Pablo boasts a diverse community and a range of housing options, making it an attractive choice for many homebuyers. The city is known for its friendly atmosphere, excellent schools, and easy access to major highways and public transportation. With its beautiful parks, local shopping, and dining options, San Pablo provides a well-rounded lifestyle.
Types of Homes Available
In San Pablo, you’ll find various types of homes to suit your needs:
Single-Family Homes: Perfect for families or those seeking more space. These homes often feature larger lots, private yards, and spacious interiors.
Condos and Townhomes: Ideal for those who prefer a low-maintenance lifestyle. Condos and townhomes in San Pablo offer modern amenities and community features such as pools and fitness centers.
Investment Properties: With a growing real estate market, San Pablo presents opportunities for investors looking to capitalize on rental properties or fixer-uppers.
The Home Buying Process
Navigating the real estate market can be complex, but working with a knowledgeable real estate agent can make the process smoother. Colin Davies Realty specializes in helping buyers find their perfect home in San Pablo. Their expertise and understanding of the local market ensure that you get the best deal possible.
Why Colin Davies Realty?
Colin Davies Realty is renowned for their personalized service and deep knowledge of the San Pablo real estate market. Their team is dedicated to finding homes that match your needs and budget, guiding you through every step of the home buying process. Whether you’re new to the area or a long-time resident, their professional advice and support make all the difference.
Explore the range of houses for sale in San Pablo, CA, and find your ideal home with Colin Davies Realty. Houses for Sale in San Pablo CA Visit their website here to start your search and learn more about the exciting opportunities awaiting you in this wonderful city.
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faircontractorsales · 2 months
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Keeping Your Roof Overhead: Simple Tips for Broward County Homeowners
Living in Broward County means enjoying beautiful beaches, vibrant communities, and, yes, dealing with Florida's infamous stormy weather. These conditions make it crucial to have a dependable roof over your head. As a local roofing company deeply embedded in the community, Fair Contractor Sales Roofing understands the challenges you face. We're here to share some straightforward tips to help keep your roof in top shape.
Easy Roof Maintenance Tips Every Homeowner Should Know
A little attention goes a long way, especially when it comes to your roof. Here are some easy steps you can take to ensure your roof remains strong and secure throughout the year:
1. Regular Cleaning: Keep your roof and gutters free from debris like leaves, branches, and dirt. Clogged gutters can lead to water buildup and eventually damage your roof. A clean roof also prevents the growth of mold and algae, which can weaken roofing materials over time.
2. Visual Inspections: After every major storm, or at least twice a year, take a walk around your property to check for visible signs of roof damage. Look for missing shingles, damaged flashing, or any signs of water leakage in your attic. Early detection of these issues can prevent more severe problems down the road.
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3. Trim Overhanging Branches: Trees can provide lovely shade and help keep your property cool, but overhanging branches can pose a risk to your roof during high winds. Trimming back these branches reduces the risk of physical damage and keeps leaves from piling up on your roof.
4. Professional Inspections: While DIY checks are helpful, it’s wise to have professional inspections done periodically. Roofing experts can spot potential problems you might miss and can offer solutions that extend the lifespan of your roof.
5. Timely Repairs: If you notice any damage, don’t wait to fix it. Small leaks and minor damage can quickly become big problems. Consulting with a roofing professional can save you money and hassle in the long run.
Why Keeping Up with Roof Maintenance is Crucial
Maintaining your roof isn’t just about preventing leaks; it's about protecting your investment. A well-maintained roof adds to your home's curb appeal and overall value. It also plays a critical role in your home’s energy efficiency, keeping it cooler in the summer and warmer in the winter.
Get in Touch with Local Experts
If you’re unsure about the condition of your roof or if you need help with maintenance, Fair Contractor Sales Roofing is here to help. Our team of local experts is familiar with Broward County's unique weather patterns and roofing needs. We offer personalized service and straightforward advice to help you keep your roof in prime condition.
Don’t wait for the next big storm to find out if your roof is ready. Contact Fair Contractor Sales Roofing today to schedule a professional inspection or to discuss our maintenance services. Let us help you keep your roof strong, so you can focus on enjoying everything Broward County has to offer.
Find Roofing Services in Broward County Areas Mentioned Below:
roofing service andytown
roofing service bonaventure
roofing service carver village
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roofing service wilton manors
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ancestrylands · 3 months
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City Slicker to Land Owner.. Take the journey into Ownership
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coochiequeens · 2 years
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When women demand better care they aren’t just thinking of themselves, they are thinking of their families.
Some 201 babies might have survived had better maternity care been provided by an NHS trust, the BBC has learned.
Dozens of other children sustained life changing injuries as a result of the failure to provide adequate treatment.
Mothers also died or sustained injuries as a result of failures by the Shrewsbury and Telford NHS Trust.
The trust has previously said it takes "full responsibility" for the failures in maternity care and "offered their sincere apologies."
A report from senior midwife Donna Ockenden, who has been leading a five-year inquiry into maternity care at the trust, will be published at 10:00 BST on Wednesday.
The scale of failures uncovered is unprecedented in the history of NHS maternity care.
Significant or major concerns over the maternity care provided by the trust were found in 201 deaths - 131 stillbirths and 70 neonatal deaths.
The vast majority of cases date from 2000 to 2019.
Publication of the full report has twice been delayed. The NHS has been working to get indemnity cover to deal with any potential legal action following the publication.
Ms Ockenden's team has been examining 1,862 cases - thought to be the largest ever review of maternity care in the NHS.
Families in Shropshire, who campaigned for years to get an independent review into maternity failures across the county, long suspected this would be the conclusion - but the scale of the numbers involved is likely to come as a shock to many.
The trust has previously apologised and also pointed out the investment and improvements made in maternity care across the NHS in England.
A criminal investigation is being conducted by West Mercia Police into what happened at the trust.
Avoidable deaths
That the Ockenden inquiry was ordered is largely down to the work of two mothers who lost their babies due to failures of care by the trust.
Rhiannon Davies fought for years to uncover the truth about the death of her daughter Kate in 2009. It took the board of the trust until April 2016 to apologise, and accept that Kate's death was avoidable.
Kayleigh Griffiths' baby Pippa died at 31 hours old in April 2016, and a few weeks later Ms Griffiths emailed Ms Davies hoping for advice on how to hold the trust to account.
A year later a coroner ruled that Pippa's death had also been avoidable.
The two women began to scour the internet, coroners' records and death notices to see if any other families had received poor maternity care at the Shropshire trust, and they collated 23 cases going back to 2000.
They wrote to the then health secretary Jeremy Hunt in December 2016 asking for an investigation. He agreed and in May 2017, Donna Ockenden was appointed to lead the review.
Shropshire is not the only area where maternity care has been called into question - in recent years independent investigations have been ordered into maternity services in Cumbria, East Kent, Nottingham and South Wales.
The latest Care Quality Commission (CQC) figures show 41% of units need to improve their safety, and just 1% are rated outstanding. The CQC says the rate of improvement is not good enough.
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Perinton, NY – Man Struck in Pedestrian Accident Involving Truck on Watson Road
Perinton, NY (June 8, 2019) – On Thursday morning, June 6, a man was struck by a tractor-trailer in a pedestrian accident that took place on Watson Road in Perinton. The man has been seriously injured.
The Monroe County Sheriff’s Department investigated the accident, where they found that the 59-year-old man had been walking on the shoulder of the roadway around 10:40 a.m. A tractor-trailer had been headed north and struck the man.
The man was taken to the Strong Memorial Hospital with a variety of serious injuries. The driver of the tractor-trailer was identified as 36-year-old Joshua Davis, who stopped and cooperated with police. They have since charged him with unsafe lane change.
Watson Road was closed down for the investigation. It continues at this time.
Pedestrian Accidents in New York 
Before moving forward, our most genuine and heartfelt sympathies are extended to the victim of this accident with the hopes that he will receive a full recovery from his injuries. New York pedestrian accidents are some of the most critically injurious and fatal accidents that take place on our roads due to the fact that pedestrians are some of the most vulnerable parties on our roads. It can be difficult to face the aftermath of one of these accidents but not impossible. You might need the experienced help of an accident attorney on your side.
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latestnews2018-blog · 6 years
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Aretha Franklin’s lack of a will could make things rocky for heirs
New Post has been published on https://latestnews2018.com/aretha-franklins-lack-of-a-will-could-make-things-rocky-for-heirs/
Aretha Franklin’s lack of a will could make things rocky for heirs
Singer’s four sons and other family members are left with the potentially tall task of dividing her wealth
FILE- In this April 19, 2017, file photo, Aretha Franklin performs at the world premiere of “Clive Davis: The Soundtrack of Our Lives” at Radio City Music Hall, during the 2017 Tribeca Film Festival in New York. Franklin died Thursday, Aug. 16, 2018 at her home in Detroit. She was 76. (Photo by Charles Sykes/Invision/AP, File)
Aretha Franklin was so hard-nosed in her business dealings that she demanded to be paid in cash before performing. Her heirs won’t have it so simple.
Though she lived to 76 and was terminally ill with pancreatic cancer, the Queen of Soul died without a will.
As her four sons and other family members move on from Friday’s funeral in Detroit, they’re left with the potentially tall task of finding out how many millions she was worth, and divvying it up, a process that could take years and is likely to play out in public.
Estate law experts expressed surprise but not shock that a wealthy person like Franklin would put off making a will until it was too late. At least one of the singer’s attorneys says he urged her repeatedly over the years to draft one.
“I tried to convince her that she should do not just a will but a trust while she was still alive,” says Don Wilson, a Los Angeles lawyer who worked on entertainment matters for Franklin for nearly 30 years. “She never told me, ‘No, I don’t want to do one.’ She understood the need. It just didn’t seem to be something she got around to.”
Laura Zwicker, an attorney who specialises in estate planning but is not affiliated with the Franklin estate, says she sees it happen all too often in her work.
“People don’t like to face their own mortality,” Zwicker says. “I had a client who had a $70 million [Dh257 million] real estate portfolio who had had end-stage diabetes. He had plenty of conversations with me about estate planning but would not sign the documents.”
Papers filed in Michigan’s Oakland County court last week by David J. Bennett, the lawyer who worked most closely with Franklin, lay out the few known basics:
She was not married and left four sons, ages 48 to 63: Clarence Franklin, Edward Franklin, Kecalf Franklin and Ted White Jr Clarence, Aretha’s eldest, is incapacitated and is represented by a guardian. And a niece of hers has accepted the role of executor.
Under Michigan law, as in most states, the sons will equally divide their mother’s assets in the absence of a will, and so far no signs of conflict have emerged among family members. Bennett did not respond to phone and email messages seeking comment.
Aretha Franklin’s friend Ron Moten, a Michigan businessman, gave the four sons some guidance in his speech at Friday’s funeral.
“Remember your family, and friends that have been with you for years,” Moten told the men. “Because you are about to meet a lot of people who will now want to be your new best friend. You will also meet some people that will have the best investments in the world for you. My advice? Go slow, be careful and be smart.”
The documents make no mention of the value of Franklin’s estate. The figure almost certainly runs into the tens of millions, but there will probably be widely varying estimates as her attorneys seek to downplay her wealth for tax purposes and the IRS tries to maximise the amount for its own reasons.
Franklin maintained ownership of the songs she wrote and did well by them, Wilson says, though of her major hits, Think is the only one that’s her own composition. She also wrote some lesser hits, such as Rock Steady.
Though her records were played millions of times, she earned little in radio royalties from smashes like 1967’s Respect because such payments go overwhelmingly to the song’s author, not the performer. In the case of Respect, the royalties go to the estate of Otis Redding, even though the song owes nearly all its popularity to Franklin.
“I would imagine she probably felt she was entitled to more, but probably received more than a lot of artists from the time, especially African-American artists,” Wilson says.
Among Franklin’s more tangible assets are several pieces of property in the Detroit area that according to tax assessors’ estimates are worth at least $2 million, with a market value that could easily be twice that.
Once the value is established — a process that could take years — the IRS will take any back taxes Franklin owed, then will tax her estate at 40 per cent for any assets beyond $11.2 million.
Kenneth Abdo, an attorney who specialises in probate law and has worked on the estate of Prince, who also died without a will, says the IRS will conduct an audit of her holdings.
Wilson, her entertainment attorney, says she would not have wanted to see her finances publicly aired: “She was a private person.”
As for why some clients don’t make out a will, Zwicker said some heirs, like Franklin’s son Clarence, may need more than others, and that can be a difficult and touchy decision for a parent.
“One arrangement may be fitting for one child, where other people need more help,” Zwicker said. “To accept that and put it on paper can be hard for a parent.”
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premierfpg · 7 months
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Ad Astra consultant ready to close chapter in feud with Kansas Democratic Party - News - The Kansan - Newton, KS
https://uniteddemocrats.net/?p=6413
Ad Astra consultant ready to close chapter in feud with Kansas Democratic Party - News - The Kansan - Newton, KS
A political consultant whose yearlong feud with the Kansas Democratic Party foams with rancor and finger-pointing is working to settle a lawsuit she filed after being ousted from her executive seat.
Casey Yingling’s firm, Ad Astra Group, orchestrated Democrat James Thompson’s congressional race last year, and fallout over the campaign and a rejected request for $20,000 transfigured into a spike that divided the party. Ad Astra’s boisterous grievings earned disapproval from Democratic leadership, which the group characterizes as an establishment unwilling to share power with millennials.
When Thompson lost to Ron Estes in the 4th District special election, Yingling and associates publicly chided KDP decisions. Chairman John Gibson, in turn, accused Yingling of using her position as party secretary to funnel cash to her client.
After a high-profile vote by state committee members in September to extract Yingling from her post, she filed a lawsuit demanding to be reinstated. Her attorney, Tai Vokins, says his client is willing to compromise to settle the case and allow the party to focus on election season. A motion hearing is scheduled for next week.
“I think the reality is there were quite a few people who just don’t like her or her business partner, Levi Henry,” Vokins said. “She doesn’t want to take it lying down.”
Currently, no party rules restrict consultants or lobbyists from holding positions of power. A possible resolution to the case could involve the party allowing a vote to amend those rules.
That was a point of contention in an email exchange last year when Yingling offered to resign in exchange for Gibson calling for a rule change and asking four other executives to step down with her.
Three hours after Yingling suggested the resignations, Gibson sent an email to all 252 committee members, asking them to support a recall effort and accusing Yingling of self-enrichment, which she disputes. The party’s support for the Thompson campaign included a six-figure contribution and other efforts.
“Not only was Ms. Yingling not appreciative of the KDP’s support,” Gibson said, “she was uninterested in coordinating with our efforts. She did not want support or help from the Kansas Democratic Party. She only wanted money.”
Before the Thompson campaign, Ad Astra played a role in electing a handful of legislators and county-level officials. Chris Pumpelly, who would become an Ad Astra associate after the business formed in 2016, worked for Paul Davis on his 2014 gubernatorial run. This year, the group again has taken the reigns of the Thompson campaign as he seeks the party’s nomination for the same seat.
Republicans believe Ad Astra also is pulling the strings for Ron M. Estes, who is challenging Rep. Estes in the GOP primary. Ad Astra denies any involvement.
The Estes challenger donated to Thompson. The challenger’s wife, Ellen Estes, was a campaign manager for Jean Schodorf after she became a Democrat. Finance reports show Schodorf paid Yingling $5,000 for consulting work during her 2014 effort to unseat Kris Kobach as Kansas Secretary of State.
Mark Kahrs, a Republican National Committee representative from Wichita, said the Estes challenge is an example of the kind of dirty politics he associates with Ad Astra.
“There is no question Ron M. Estes is just a ploy to waste money,” Kahrs said.
Ad Astra represents the progressive-socialist wing of the Democratic party, he said, and has ignited a philosophical battle among Kansas Democrats.
“As a Republican, we hate to see it,” Kahrs said. “Just brings tears to my eyes.”
Three weeks before the April 2017 special election, Ad Astra asked KDP for $20,000 to pay for mailers in support of advanced ballots. An email exchange involving Yingling and various party leaders hinted at the animosity that would follow.
Discussion focused on whether the mailers were a worthwhile investment so late in the campaign. Chris Reeves, a national committeeman for the party, raised concerns about an executive office holder seeking party money without showing quotes from other vendors.
“I bring this up because, as you note, you do work for Ad Astra,” Reeves said. “I know there are others who’ve been unhappy with several members of the executive committee for perceived single-end bidding. While those campaigns didn’t receive KDP money or resources directly, as this does, I know some who have asked that have demanded an open bidding process.”
Within a few exchanges, there were complaints of “whiny, self important, sharpshooting questions” and condemnation of the tenor of the emails.
“The point here is that this is an opportunity for the KDP to invest in a significant and impactful way that has long-term benefits for Democrats,” Yingling said. “We are happy to provide transparency, but this is by no means out of the ordinary. This isn’t about a profit. It’s about electing a good Democrat to Congress.”
After losing the election, Yingling and Henry expressed contempt for the party on Twitter and elsewhere. Henry used www.savetheparty.org as a platform for questioning the party’s financial moves in advance of the vote to remove Yingling.
He complained that KDP tried to steal the party’s nomination in the 4th District from Thompson, favoring former Treasurer Dennis McKinney instead. Others in the party wondered if Henry was behind attempts to smear them personally.
KDP committee member Carri New secured a restraining order against Henry a day before the annual meeting, where 121 of 183 delegates voted to remove Yingling. At the meeting, KDP executive director Ethan Corson directed law enforcement to arrest Henry if she showed, according to court filings.
The goal, according to Ad Astra, was to prevent Henry from debating or voting on the matter. Corson told Henry he could vote from the parking lot only if he left immediately after casting his vote and agreed to sign a release waiving any claims.
“All of this was designed to smear young folks trying to have a seat at the table,” Henry said, “so that legacy leaders didn’t have to share power, bottom line.”
Henry said the protection order was unlawful. Because it was served after court closed on a Friday, he was unable to challenge it before the Saturday meeting. New said she filed the order at the advice of law enforcement.
Vokins said party leaders cast rules aside to ensure Yingling’s departure, ignoring bylaws that require a two-thirds majority of all committee members rather than just those in attendance. He also questioned whether the recall petition was valid because party leaders have refused to reveal who signed it.
“If Jesus Christ were the one they wanted to remove and Johnnie Cochran were his lawyer, they still would have removed him,” Vokins said.
After the meeting, Yingling requested a settlement, and KDP — represented by Topeka attorneys Pedro Irigonegaray and John Frieden — rejected her offers.
Corson pointed to the recall petition for explanation of why the party wanted her gone. The petition references her disparaging remarks on social media and concerns over threats of physical violence.
“The Kansas Democratic Party will not allow litigation to distract us from achieving our important mission in 2018: electing Democrats at all levels of government,” Corson said. “Now, more than ever, we must remain united and work together to elect Democrats that can and will make a positive difference for all Kansans.”
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addictionfreedom · 6 years
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ancestrylands · 3 months
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maxwellyjordan · 6 years
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Ask the author: “We the Corporations”
The following is a series of questions posed by Ronald Collins to Adam Winkler on the occasion of the publication of Winkler’s book “We the Corporations: How American Businesses Won Their Civil Rights” (Liveright, 2018, $28.95, pp. 471).
Adam Winkler is a professor of law at the University of California at Los Angeles. His last book was “Gunfight: The Battle over the Right to Bear Arms in America” (W.W. Norton, 2011).
Welcome, Adam, and thank you for taking the time to participate in this question-and-answer exchange for our readers. And congratulations on the publication of your latest book.
* * *
Question: Your book offers a new wrinkle on the founding of America and the Jamestown story of 1607. Do tell.
Winkler: Americans celebrate the liberty-seeking Pilgrims, but the first permanent English colony in the New World was 13 years earlier in Jamestown, which was a corporate business venture. Indeed, the Virginia Company came to America to make money. The company also introduced democratic reforms, such as the first representative assembly, not in the spirit of popular sovereignty but to pursue profit.
Question: How do dissent in the colonies and the Boston Tea Party of 1773 fit into your narrative?
Winkler: The American Revolution was also in small part a revolt against the world’s most powerful corporation, the East India Company. When the company’s fortunes soured, the British government deemed the corporation too big to fail — and, as part of a massive bailout, gave the company for the first time the right to sell tea in the colonies without American middlemen. The Boston Tea Party was an uprising by merchants who, that night, went out to throw the East India Company’s tea overboard.
Question: The way you tie all the conceptual dots together in your examination of corporations and the Constitution is impressive. One of those dots is Chief Justice John Marshall’s 1809 opinion in Bank of the United States v. Deveaux. Why is that case important?
Winkler: Decided a half century before the first Supreme Court cases on the rights of African Americans and women, Bank of the United States v. Deveaux was the first Supreme Court case on the rights of business corporations under the Constitution. The Bank of the United States, the nation’s largest and richest corporation, won the right to sue under Article III diversity jurisdiction, even though the text refers only to “citizens.” The case, which laid the foundation for two centuries of corporate-rights cases to follow, is one of the neglected landmarks of American constitutional law.
Question: Your book exposes a misleading argument presented to the Supreme Court by a railroad lawyer in the 1885 case San Mateo County v. Southern Pacific Railroad Company. Tell us a little bit about that disingenuous argument and how it played out in that case.
Winkler: In the 1880s, the Southern Pacific Railroad Company launched a remarkable series of what its lawyers called “test cases” — more than 60 in all — to win expansive rights for corporations under the 14th Amendment. Two of those cases made it to the Supreme Court. In the first, the railroad’s lawyer, Roscoe Conkling, who had been one of the drafters of the 14th Amendment, told the justices the provision was written to protect not just the freed slaves but also business corporations. He even produced a musty old journal that he said was a never-published record of the drafting committee’s deliberations. The journal was real, but historians who looked into the case years later quickly realized that the amendment had never been revised in the way Conkling claimed. As Howard Jay Graham, one of the leading historians on the 14th Amendment, concluded, Conkling had engaged in “a deliberate, brazen forgery” to win new rights for corporations.
Question: The following year the Supreme Court decided Santa Clara County v. Southern Pacific Railroad Company. This time the inaccurate work was done by the court’s Reporter of Decisions. Who was that man and how did his handiwork shape the history of American constitutional law?
Winkler: Another of the Southern Pacific’s test cases reached the Supreme Court, but the justices declined to rule on the constitutional question, leading the colorful Justice Stephen Field to complain about the omission in a separate opinion. Then the case took a bizarre turn. The Reporter of Decisions, J.C. Bancroft Davis, included a headnote in the official published version of the opinion saying the court had held corporations were covered by the 14th Amendment. A few years later, Field, who was rumored to carry a gun beneath his robes and remains the only sitting justice ever arrested for a crime (and the charge was murder, no less), seized upon Davis’ headnote. In a majority opinion on a separate issue, he wrote that the court had held that corporations had 14th Amendment rights in the Southern Pacific case — something he clearly knew to be untrue. 
Question: There is a fascinating discussion in your book about the 14th Amendment cases that were decided by the Supreme Court between 1868 and 1912. What happened?
Winkler: Once the Supreme Court extended 14th Amendment rights of equal protection and due process to corporations, businesses flooded the courts with constitutional challenges. The ensuing years would be known as the Lochner era, when the court broadly read the Constitution to protect business. Meanwhile, in cases like Plessy v. Ferguson, the justices refused to read the 14th Amendment to provide any meaningful protections for minorities. By 1912, the court had heard only 28 cases on the 14th Amendment rights of African Americans — and an astonishing 312 cases on the 14th Amendment rights of corporations.
Question: During the Lochner era (1897-1936), the Supreme Court bifurcated the constitutional rights of corporations. What did it do and why?
Winkler: Even though famously friendly to business, the Lochner-era Supreme Court also imposed new boundaries on the constitutional rights of corporations. They had property rights but not liberty rights. Government could not seize corporate property without just compensation. But corporations did not have rights tied to bodily integrity, political freedom or personal conscience. A century before Citizens United v. Federal Election Commission, courts universally upheld campaign-finance restrictions on corporate money. In 1907, the Supreme Court in Western Turf Association v. Greenberg held that corporations holding themselves out to the public did not have a constitutional right to refuse service to unwanted customers — a case with more than a passing resemblance to this term’s Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission. 
Question: What was the Michigan Supreme Court’s 1919 ruling in Dodge Brothers v. Ford Motor Company and why is it an important part of your story about corporate rights and wrongs?  
Winkler: When Henry Ford raised wages and reduced dividends, the Dodge brothers, who were early investors already made enormously wealthy from their investment in Ford’s car company, sued to stop him. They won a landmark ruling that declared corporations were to be run in the interests of shareholders, not employees or customers. Just as corporations were winning more of the rights of people in constitutional law, corporate law was dictating that corporations value profit over all — that corporations become, as Kent Greenfield details in a terrific new book coming out this fall, less like people.
Question: Not long before he was nominated to the Supreme Court, Lewis Powell prepared a memorandum for the Chamber of Commerce. Tell us about that.
Winkler: Months before his nomination, Lewis Powell wrote a memorandum to the Chamber of Commerce outlining how the left threatened capitalism and calling for corporations to fight back aggressively. The chamber followed Powell’s advice, and his letter is often credited as influencing the business backlash of the late 1970s and 1980s. On the Supreme Court, Powell turned his memorandum into law, writing First National Bank of Boston v. Bellotti, which held that corporations had the First Amendment right to spend their money on politics three decades before Citizens United. The book tells the story of an amazing multi-media sendoff Philip Morris gives for Powell, a longtime board member who was leaving to join the court. At the end, Powell is called up to the stage where he ceremoniously receives his judicial robes, bestowed upon him by the chief executive of the tobacco giant.
Question: You write that Ralph Nader and Alan Morrison “developed an innovative and influential theory of free speech that ultimately helped commercial speakers.” How so, and what did they see as the limits of their theory?
Winkler: Representing consumers, Nader and Morrison’s Public Citizen Litigation Group challenged a Virginia law banning pharmacists from advertising drug prices. Because their clients were the consumers, Nader and Morrison argued the ban infringed the rights of the listeners regardless of the speaker’s rights. The Supreme Court agreed, adopting their innovative “listeners’ rights” theory of the First Amendment — and that same theory would be used in Citizens United to justify invalidating restrictions on corporate spending. Moreover, Nader and Morrison’s case also resulted in the commercial-speech doctrine, which has been used primarily by businesses to fight against laws designed to help consumers.
Question: You offer a nuanced look at Justice Anthony Kennedy’s 2010 opinion in Citizens United v. Federal Election Commission. Say a few words about that.
Winkler: For all the controversy over Citizens United and corporate personhood, Justice Anthony Kennedy’s opinion for the Supreme Court never endorses nor relies upon the idea that corporations are people. Instead, Kennedy refers to corporations as “associations of citizens.” This is exactly how the Supreme Court has usually understood corporations over American history. In corporate law, personhood means the corporation is its own independent entity, with rights and duties wholly separate from those of its members. In expanding corporate rights, however, the court has often rejected corporate personhood and based the rights of corporations on the rights of their members.
Question: For purposes of First Amendment free-expression law, do you think the Supreme Court should distinguish between for-profit corporations (e.g., Exxon) and nonprofit corporations (e.g., the NAACP)?
Winkler: One of the surprising things I discovered in researching the rich history of the struggle for equal rights for corporations was that the Supreme Court has rarely differentiated between different types of corporations. Cases involving “corporations” that were not businesses, including Dartmouth College, the NAACP, and even Citizens United, all nonetheless established important precedents that helped for-profit companies. Another potential distinction is between media corporations, which won early and influential First Amendment cases like Grosjean v. American Press Company, and other corporations funding speech.
Question: What do you see as the next likely constitutional frontier that litigation on behalf of corporations will attempt to conquer?
Winkler: One pressing corporate-rights issue is the ability of businesses to use the Constitution to win exemptions from generally applicable laws, like antidiscrimination laws. In 2014, Hobby Lobby Stores Inc. used religious liberty under a federal statute to win the right to refuse to comply with a law requiring businesses to insure birth control in employee health plans. The Masterpiece Cakeshop case this term could establish a right of public businesses to deny service to LGBTQ customers. And, of course, corporations are very active in First Amendment litigation; businesses and trade associations bring nearly half of all free-speech challenges filed in the federal courts today.
Question: One final query: On the one hand, there is something rather shocking in your account of the historical rise of corporate rights, especially on the constitutional front. On the other hand, it might also be seen as an inevitable development in a highly capitalistic culture. If so, it seems that the decisive factor here is the culture, not the corporation. What are your thoughts on this?
Winkler: Culture is important, but so are structure and law. Despite our mythology of blind justice, the courts are a forum that favors corporations. Unlike the historically underfunded civil-rights and women’s-rights movements, the corporate-rights movement’s clients could afford to hire the best lawyers and pursue expensive, risky, cutting-edge lawsuits. We think of the Supreme Court as a bulwark for the protection of politically powerless minorities but, as the story of corporations winning constitutional protections highlights, the court has often used its power to protect the wealthy and the powerful.
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Husch Blackwell Announces Major Expansion in Texas; Adds 14 Lawyers to Offices in Austin, Dallas and Houston
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Kansas City, Mo., April 02, 2018 (GLOBE NEWSWIRE) — Husch Blackwell is pleased to announce the firm has added 14 Texas-based lawyers�including eight partners�to its offices in Austin, Dallas and Houston. The group represents a major expansion of the firm�s capabilities in the Texas legal market, particularly in the areas of insurance, banking and finance, eminent domain, government affairs, and governmental disputes.
Husch Blackwell�s national�insurance�coverage and litigation team is now expanded to include partners�Scott L. Davis,�David H. Timmins�and�Jason Heep, as well as�Eric Levy, who joins the firm as senior counsel. All four lawyers will practice in the firm�s�Financial Services & Capital Markets�industry group and reside in the firm�s Dallas office.
The firm�s�banking & finance group�now includes partners�Steven S. Camp,�W. Brian Memory�and�Reuben D. Rosof, as well as�Matt Crockett�and�Caleb Rush. All five lawyers will practice in the firm�s�Financial Services & Capital Markets�industry group and reside in the firm�s Dallas and Houston offices.
Additionally,�Kate David�and�Mike Stafford�join the firm�s�Public Law�team as partners based in the Houston office and will assist private companies, governments, and elected and appointed officials with complex public-law matters. They will be accompanied by associate�Phil Morgan; associate Ben Stephens will join the firm later in April. All four lawyers are members of the firm�s�Real Estate, Development & Construction�industry group.
Mark Vane�joins the firm�s Austin office and its�government affairs�team. Both Stafford and Vane will work closely with the firm�s lobbying and government-affairs consulting affiliate, Husch Blackwell Strategies.
All attorneys join Husch Blackwell from Gardere Wynne Sewell LLP, where Camp served as Chair of its Banking and Finance practice and Davis was the Head of its Insurer Representation Group and the former Co-Chair of its Litigation Department.
�We are very pleased to be joined by this outstanding group of lawyers,� said Husch Blackwell Chairman Greg Smith. �Our firm remains alert to opportunities in the marketplace to grow strategically important industry groups, and we feel that each of these lawyers brings valuable experience and insight to our clients on both the local and national levels.�
�The addition of this high-profile group signals to our clients the depth of our commitment to Texas,� said Paul Eberle, Husch Blackwell�s Chief Executive. �Additionally, our new colleagues represent a major investment by the firm in the industries we serve. Our enhanced capabilities in banking, insurance, and real estate provide a compelling service enhancement for our clients.�
�The banking-side transactional experience we have is a great fit with Husch Blackwell�s existing platform and client base,� said Camp. �The firm�s geographic footprint and client-centered culture also align with the way our team operates and are important to our existing clients.�
�We are very excited about Husch Blackwell�s industry-first approach to client service, as well as its geographic reach," said Davis. �By combining forces with the other lawyers at Husch Blackwell who already service the industry, our team is going to be able to provide end-to-end counsel to our insurance clients, including litigation, transactional and regulatory advice. We also will be able to use our experience in customized loss reserve and mitigation analysis to assist Husch Blackwell�s wide array of non-insurance clients.�
�The way public law and real estate development intersects is unique to each market, but Husch is among a handful of law firms to knit together a top-notch development practice on a regional�or even national�scale,� said Kate David. �I think their ability to build a platform with that kind of breadth speaks to the level of attention the firm places on each market. I�m excited to help the firm grow its presence in Houston and throughout the region.�
Partner Biography CapsulesInsurance TeamScott L. Davis.�Davis is a leading litigator and advisor to companies in the insurance industry. He utilizes cutting-edge analytics and decades of legal experience to develop customized strategies for clients to identify, assess, and mitigate risk. His broad litigation experience includes insurance coverage disputes, environmental disputes (including CERCLA recovery actions), aviation crashes, mass torts, professional malpractice, oil and gas, bankruptcy adversary proceedings, partnership disputes, securities fraud, D&O claims, commercial mortgage-backed securities litigation, and surety claims. He has a J.D., with high honors, from the University of Tennessee College of Law and holds a B.A. from Wright State University.
David H. Timmins.�Timmins represents global insurance carriers on a national basis in environmental and other commercial insurance and reinsurance disputes and is a recognized authority on insurance coverage litigation, including the expansion of bad faith liability, allocation of liabilities among multiple policies, and changes in the political and regulatory climate that impact litigation. He earned his J.D. from Washington and Lee University School of Law and holds a B.A. from the University of Texas.
Jason Heep.�Heep is a litigator focusing on environmental litigation, insurance coverage and bad faith disputes. He represents small companies to Fortune 50 corporations, routinely advising them on environmental regulatory compliance issues, reinsurance matters and risk management. He is a graduate of the University of Virginia School of Law and has a B.S. in Environmental Engineering from Northwestern University.
Banking & Finance TeamSteven S. Camp.�Camp is a long-time banking industry veteran who has closed thousands of loans across a variety of loan types. He was formerly senior corporate counsel at Bank One Corp. and has built a nationally recognized practice, integrating deep banking experience with an understanding of real estate lending, commercial loans, specialty loans, as well as bankruptcy financing and workouts. He is a graduate of Oklahoma City University School of Law and earned his B.A. at the University of Texas.
W. Brian Memory.�Memory is a veteran banking and finance lawyer. Prior to entering private practice, Memory served as assistant general counsel and senior vice president at PlainsCapital Bank, where he regularly provided advice to the bank�s executive team, managed the bank�s real estate portfolio, and handled much of the bank�s day-to-day legal affairs. He also has extensive experience in bank mergers and acquisitions. Memory has a J.D. from Emory University School of Law and holds a B.S. from the University of Utah.
Reuben D. Rosof.�Rosof maintains a broad finance practice representing both lenders and borrowers across an array of transactions, including workouts and restructurings, asset-based loans (involving varied types of collateral), unsecured loans, lot development loans, construction loans, permanent loans, syndicated loans, acquisition loans, letters of credit as credit enhancement for bonds and the purchase of bonds secured by real estate. He is a graduate of the Vanderbilt University Law School and holds a B.S. from Cornell University.
Public Law TeamKate David.�David is well-recognized throughout Texas as a leading litigator and condemnation attorney, advising both condemnors and property owners on high-stakes claims. She assists private companies, governments, and elected and appointed officials with difficult condemnation, election law, public contracting and constitutional tort disputes. She also has extensive experience handling sovereign, governmental, prosecutorial and qualified immunity issues. Additionally, serving as outside general counsel and special counsel, she advises governmental clients on issues relating to the Open Meetings Act, the Texas Public Information Act, contract negotiation, and general counseling. She graduated with honors from the University of Texas School of Law and holds a B.B.A. from the University of Texas.
Mike Stafford.�A former county attorney to Harris County, Texas, Stafford focuses his practice on resolving government-related disputes, including condemnations, regulatory compliance and administrative matters, earning a reputation for obtaining favorable results for both property owners and government condemnors. He also counsels clients in connection with election law disputes. He earned his J.D. from South Texas College of Law and has a B.A. in Chemistry from the University of Texas.
About Husch Blackwell Husch Blackwell is an industry-focused, full-service litigation and business law firm with locations in 18 U.S. cities. The firm represents national and global leaders in major industries including energy and natural resources; financial services and capital markets; food and agribusiness; healthcare, life sciences and education; real estate, development and construction; and technology, manufacturing and transportation. For more information, visit�huschblackwell.com.�
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CONTACT: Steve RenauHusch [email protected]
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