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Androvett Blog

by Susan Wheat at 12:00:00 am

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Summer is here, and for kids that means one thing: school is out! However, for parents this means a whole new schedule. While the change in children’s activities (or more likely, lack there-of) is a difficult adjustment for any parent to make, it can be especially difficult for newly divorced parents dealing with joint custody arrangements.


Joint custody agreements follow a specific set of rules when school is in session, but once that final bell rings in June, some of those rules become a little more difficult to follow. Who gets the kids on the 4th of July? What about when you want to take them on vacation for a week or two? These questions become much more common when free time becomes more available and schedules are more loosely defined.


“It's always a good idea to notify the other parent of your vacation plans or if those plans change,” says Huffington Post blogger Liz Mandarano. “If for some reason or another you have decided not to tell the other parent of your plans, be prepared for the other parent to possibly bring legal action against you.”


Newly divorced parents need to be especially careful when making assumptions about leeway during the summer. "Generally, the non-primary parent should get 30 days of uninterrupted visitation, but that parent should still get the first, third and fifth weekend of the other months," " says San Antonio divorce lawyer Amber Liddell Alwais, a partner in the Family Law firm McCurley Orsinger McCurley Nelson & Downing L.L.P.  "The typical Thursday night visitation, however, probably doesn't apply.”


She says divorced parents need to look over their possession orders carefully and make any specific decisions in advance.  "You're not stuck with the standard possession order," Alwais says. "If there are days that are important to you, tell your lawyer and get them negotiated into your possession order."


So if July 4th is your favorite holiday, or if you want to ensure that annual summer visit to Grandma’s, it is possible, as long as you walk the fine line of summer custody with care.

by Erin Dooley at 2:19:00 pm

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Consumers download over four million mobile health apps daily, Mobi Health News reports. Most people view these apps as convenient and effective healthcare alternatives. However, they may not be as foolproof as they seem. In fact, many haven’t received proper FDA approval. 

While some apps simply track health habits, others purportedly perform diagnostic assessments. For as little as 99 cents (plus the price of attachments), patients can purchase apps that monitor blood pressure, test blood sugar, and even perform EKGs. 

Some sources estimate that by 2017, these mobile health aids will significantly reduce hospital visits, saving consumers more than $400 billion. 

Trouble is, the U.S. Food and Drug Administration can’t seem to keep pace with the medical app onslaught. Despite the potential for misuse, it’s only after the problematic apps are released via Apple’s App Store that they’re identified as system violations. 

“It raises an interesting problem when Apple can approve an app before the FDA is certain it meets its guidelines,” Wired blogger Michael Copland writes. “The future has arrived…. The FDA needs to catch up.”

The FDA has just begun to identify and examine offending apps. Its first target was uChek, a free app that supposedly analyses urinalysis test strips to estimate patients’ glucose, protein, leukocyte and nitrite levels. 

The FDA doesn’t claim the app is defective or misleading. Rather, it says that the creators should have submitted the device to a more rigorous approval and post-market surveillance program. The app, the FDA says, should have been registered as a Class II medical device, which poses minimal – but actual –risk to  patients if misused. The creators claim it’s a Class I device, which implies that improper use presents virtually no patient risk.

In a letter to uChek, FDA administrators explained, “though the types of urinalysis dipsticks you reference for use with your application are cleared, they are only cleared when interpreted by direct visual reading. Since your app allows a mobile phone to analyze the dipsticks, the phone… requires new clearance as part of the test system.”

Though the FDA strives to promote mobile health innovation, it recognizes the need to “narrowly” and “judiciously” regulate an industry that some believe may soon spin out of control. 

"The FDA is smart to step into this relationship now, while casual in the U.S., to provide necessary guidance to help keep the public safe," says Houston attorney Maura Kolb from The Lanier Law Firm. “But as these types of smart apps are developed, they will likely attract the attention of Big Pharma and medical device manufacturers, who have shown time and time again that hiding information from the FDA is something they are capable of and willing to do."

by Erin Dooley at 12:00:00 am

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After nearly 30 years as an attorney, Dennis R. Burrows' vision – and his passion for the legal profession – were both waning. But when his son, Dustin Burrows, joined his father at the McCleskey, Harriger, Brazill & Graf law firm in 2002, it rekindled Dennis’ commitment to the law. 

“I was pretty much burned out,” Dennis told the Lubbock Avalanche-Journal. “It’s been fun and exciting since…he came along.” 

An article on the front page of the Avalanche-Journal’s Father’s Day edition describes how Dennis helped Dustin navigate the courtroom and advised him on the complexities of commercial and personal injury litigation. Former amateur fishermen, the father-son duo began to bond over their cases instead of their catches. 

“My best memories over the past 10 years are sitting in a hotel room with my father, plotting and planning about what we are going to do during the next day of trial,” Dustin recalls. 

As Dennis’ sight deteriorated further, Dustin took over some of his father’s responsibilities. According to the June 16th Avalanche-Journal article, Dustin now handles jury selection, reviews long documents and drives his father to and from work each day. He even downloaded a screen reader so that his dad could listen to memos via computer. 

Dennis believes his declining vision  – and his son’s singular ability to anticipate his needs in court –  may have hastened Dustin’s legal success. Indeed, Dustin was recently named to Thompson Reuter’s list of “Rising Stars” in the legal profession. 

But more rewarding than that, Dustin says, is partnering with his dad. 

And with his son by his side, Dennis swears, he won’t stop lawyering anytime soon.

by Erin Dooley at 12:00:00 am

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The 5th Circuit has spoken: lactation is related to pregnancy and childbirth.

But one judge wasn’t so sure.

In a 2012 ruling, District Judge Lynn Hughes dismissed a workplace discrimination lawsuit filed by the Equal Employment Opportunity Commission on behalf of a working mother who was fired after requesting to pump breast milk during business hours. Because lactation is “not a condition related to pregnancy and childbirth,” Hughes reasoned, a Houston collections company’s dismissal of the mother, Donnicia Venters, did not constitute sex discrimination.

“My 4-year-old understands basic biology better than some judges,” remarked ACLU blogger Galen Sherwin, who claimed the company blatantly tried to force Venters to choose between her career and her baby’s wellbeing. 

The 5th Circuit Court of Appeals agreed that lactation bias shouldn’t be tolerated. In an opinion filed in May 2013, the appellate court reversed Judge Hughes’ dismissal, citing several medical dictionaries and asserting that because “lactation is initiated by pregnancy,” firing a woman based on her pumping habits violates the Civil Rights Act’s Title VII, which protects employees who are pregnant or have recently given birth,  and the Pregnancy Discrimination Act.  Venters’ case may now proceed to trial.

Dallas labor and employment attorney Carrie Hoffman of Gardere Wynne Sewell LLP feels the 5th circuit’s decision reflects popular sentiment.  

"The District Court's decision seemed to strain credibility, as this certainly fits the standard needed to bring a sexual discrimination case,” she said. “However, given the conservative nature of the 5th Circuit, it still came as somewhat of a surprise to some that the appeals court sided with the employee. This decision is a strong indication of the general opinion on this issue, and certainly bolsters the Equal Employment Opportunity Commission's view that addressing pregnancy-related discrimination should be a national priority."

by Robert Tharp at 4:30:00 pm

For the fifth  year straight, federal FLSA lawsuits involving wage-and-hour disputes are on the rise. In fact, filings are up 10 percent, according to published reports. Brought under the Fair Labor Standards Act (FLSA), the claims typically involve salaried employees who believe they’re owed overtime pay or hourly workers who content hey weren’t paid for all of the hours worked. Communication trends and mobile technology are also playing a role in the trend, says employment  attorney  Mark Shank of Dallas' Gruber Hurst Johansen Hail Shank LLP.

Writes ThinkProgress:
These are cases alleging violations of the Fair Labor Standards Act and typically fall under three categories: salaried employees claiming they are owed overtime pay, hourly workers who claim they weren’t paid for all of their hours, and restaurant workers who claim they weren’t given additional pay to make up for when tips didn’t bring their overall pay to the minimum wage.
Violations of wage and hour laws have become widespread in today’s economy. Sixty-eight percent of low-wage workers interviewed for a report in 2009 said they had experienced a pay violation in the previous work week, including 26 percent who were paid under the minimum wage and 76 percent who didn’t receive overtime pay. Suits have similarly risen, jumping 400 percent in the last decade. And they’ve seen a surge during the recession in particular as employers cut corners looking to cut costs. 

 "A fundamental problem for employers is that the FLSA, which was adopted in the 1930s, doesn't fit today's world of cellphones, PDAs, email and telecommuting," says Mr. Shank. "This virtual workplace makes it much more difficult for employers and employees to comply with the strict letter of the law, so it's not surprising that the number of claims continues to rise."