SEO, search engine optimization comes all shapes and sizes, but gift cards? Well, in a round about way, you can utilize gift cards sites like CityDeals.com to enhance your SEO standings. By purchasing a banner ad from City Deals that links to your site, you basically have purchased a backlink for your site. The added bonus being that sites that are linked to City Deals are quickly indexed and pulled to the top of the search engines.
For sites like the Windmill Restaurant, a Montana Steakhouse, who has a page rank of zero, this can be very beneficial. For sites like Focus Sped, a school in Plano Texas that helps kids with Autism and other learning disabilities, this can not only help their page rank, but City Deals receives over 50,000 visitors a month with over 297,000 page views. Now that’s a lot of traffic, a lot of people viewing your banner ad and it’s great for SEO!
For sites like Doug Batts Prepaid Legal Services, it can mean a double bonus. SEO for page rank and literally thousands of visitors viewing his banner ad with the ability to click straight through to his site and that’s one way to generate new business for your site. Meredith Haberfeld Coaching is another site that reap the benefits of SEO from using City Deals gift cards site.
The thing that I like best about utilizing sites like City Deals for SEO purposes, is that not only do you help increase your own page rank, you get exposure for your business, plus you can shop for awesome deals on discounted gift cards.
Gift Cards for SEO? The answer to that question is an absolute yes! Take advantage of the sight today! For more information about SEO and Internet Marketing, contact BLaST creative today!
Friday, December 19, 2008
Sunday, November 23, 2008
The $5 Article with Original Content
The world.wide.web has opened the door for new avenues of enterprise for many entrepreneurs including the freelance writer. The problem is that no one wants to pay for the services of the professional writer adequately. The request comes in for original content, a quote for statistics and lets don’t forget that you should be able to do this in 15 minutes.
The 15 minutes is my favorite line, obviously it’s not a writer who is making the request. The research alone for any good article is going to take a minimum of 1 hour. And while I am an excellent writer, even I need more than 15 minutes. Writing for the web has been a lot of fun and I’ve learned a bazillion things, but it is still work and worthy of decent pay.
Yes, there is plagiarism, but don’t assume or accuse every writer out there of it. I hate the ad that says; “I check for plagiarism,” so don’t apply. Okay, well if you paid more than $5 an article for “original” content, you wouldn’t get the bottom of the barrel writers.
I love writing! I love what I do, but like many Americans, I too am trying to make a living. I’ll give you original content, content that is SEO friendly, content that is full of facts, is accurate and up to date and original. But what I can’t do is give you that copy for $5.
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
The 15 minutes is my favorite line, obviously it’s not a writer who is making the request. The research alone for any good article is going to take a minimum of 1 hour. And while I am an excellent writer, even I need more than 15 minutes. Writing for the web has been a lot of fun and I’ve learned a bazillion things, but it is still work and worthy of decent pay.
Yes, there is plagiarism, but don’t assume or accuse every writer out there of it. I hate the ad that says; “I check for plagiarism,” so don’t apply. Okay, well if you paid more than $5 an article for “original” content, you wouldn’t get the bottom of the barrel writers.
I love writing! I love what I do, but like many Americans, I too am trying to make a living. I’ll give you original content, content that is SEO friendly, content that is full of facts, is accurate and up to date and original. But what I can’t do is give you that copy for $5.
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
Tuesday, July 29, 2008
BLaST Creative Copywriting for Your Website
When I write an article for a magazine or newspaper, I get straight to the point. It’s necessary to have a hook in the first paragraph or you lose your reader. So you have to start with the facts immediately!
People surf the web in a similar manner to the way that they skim newspapers, stopping to read stories and/or blogs that grab their attention and they leave your site as soon as they get bored. So lets cover a few steps that will assist you in writing attention-grabbing copy.
The intro
When you are writing copy, the most important part of your content is the first sentence. In 30 words or less it is necessary for you to grab your readers attention and explain what it is that you want them to know. A boring intro can send your readers to another site.
Begin your drama from the first word
Try to make the first word of your copy as dramatic as possible. For example which of these intros do you like the best?
Having already burned 300 acres, the Cascade fire is still burning out of control.
Cascade Fire Crews brace for weather.
The five Ws and an H
So now that you have an intro it’s time to help your reader discover the rest of the story and you don’t want to leave them with any questions.
So reread your copy and make sure that you’ve answered the following questions:
• Who
• What
• When
• Where
• Why
• How
In everyarticle or copy, you’ll need to tell your readers what happened, who or what did it, but don’t worry about answering all six questions in the first paragraph.
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
People surf the web in a similar manner to the way that they skim newspapers, stopping to read stories and/or blogs that grab their attention and they leave your site as soon as they get bored. So lets cover a few steps that will assist you in writing attention-grabbing copy.
The intro
When you are writing copy, the most important part of your content is the first sentence. In 30 words or less it is necessary for you to grab your readers attention and explain what it is that you want them to know. A boring intro can send your readers to another site.
Begin your drama from the first word
Try to make the first word of your copy as dramatic as possible. For example which of these intros do you like the best?
Having already burned 300 acres, the Cascade fire is still burning out of control.
Cascade Fire Crews brace for weather.
The five Ws and an H
So now that you have an intro it’s time to help your reader discover the rest of the story and you don’t want to leave them with any questions.
So reread your copy and make sure that you’ve answered the following questions:
• Who
• What
• When
• Where
• Why
• How
In everyarticle or copy, you’ll need to tell your readers what happened, who or what did it, but don’t worry about answering all six questions in the first paragraph.
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
Saturday, July 5, 2008
BLaST Creative Web Content
Let’s face it, the biggest reason that any of use the web is to save time. It’s waaay faster to look up what time the movie is playing at the local Cineplex on the website the to have to listen to all of the list and times, etc on the phone or even driving there in person to see what’s what!
The same is true for the content on your web pages. Your content needs to be relevant and short, if you have a lot to say, it’s better to write a paragraph or two and link the rest to a separate page, giving the reader a choice. Why have your visitors come to your site and what do they want to know? Let them have the information the quickest way possible.
Don’t use BIG words, don’t talk over people’s head, talk to the lay person. Speak in your own voice, don’t use words that are extraordinarily looooong!
It doesn’t matter if you are trying to register students for dance class, sell dance clothes, or just tell about your business, if people can’t understand what you’re trying to say, you will fail.
Even if you’re writing for a specialist audience, like doctors or rocket scientists, ask yourself if you’re using bigger words to help your site reach its goal or to make yourself sound clever.
Along that same line of thinking, don’t be too short, give descriptive detail so they know what it’s about instead of searching somewhere else because they need more detail.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
The same is true for the content on your web pages. Your content needs to be relevant and short, if you have a lot to say, it’s better to write a paragraph or two and link the rest to a separate page, giving the reader a choice. Why have your visitors come to your site and what do they want to know? Let them have the information the quickest way possible.
Don’t use BIG words, don’t talk over people’s head, talk to the lay person. Speak in your own voice, don’t use words that are extraordinarily looooong!
It doesn’t matter if you are trying to register students for dance class, sell dance clothes, or just tell about your business, if people can’t understand what you’re trying to say, you will fail.
Even if you’re writing for a specialist audience, like doctors or rocket scientists, ask yourself if you’re using bigger words to help your site reach its goal or to make yourself sound clever.
Along that same line of thinking, don’t be too short, give descriptive detail so they know what it’s about instead of searching somewhere else because they need more detail.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
Monday, June 9, 2008
BLaST Creative Search Engine Optimization
There are lots of things that can be done for search engine optimization or SEO. One of the things that we do at BLaST Creative for SEO Services is utilize pay-per-click advertising like Google AdWords.
Google Adwords and other pay-per-click advertising networks work by paying a set fee every time somebody clicks on an ad for your site. This may sound expensive, but it really isn’t. You can set an amount of $25 per month and all of the other parameters as well. If people are clicking too much or not enough, you can change how it’s setup.
Other things that are helpful for search engine optimization include setting up a blog about your business, podcasting, utilizing online press releases, and of course you can always use traditional advertising through local newspapers or flyers.
In order for your website to do well people will need to find your site by utilizing search engines. Google is number one right now on the search engine lists, followed by Yahoo, MSN, AOL and Ask. There are literally hundreds of search engines, but if you can get listed on the top ones, the rest will follow suit.
BLaST Creative SEO Services can help your web pages perform as well as possible in Google and the other major search engines. There are literally hundreds of things that you can do to help your web pages rank higher in the search engines’ results pages.
But don’t waste too much,SEO techniques become obsolete rather quickly. Search engines have to constantly change their algorithms and they way that they index web pages, because some people try to cheat the system, therefore, the search engines have to stay ahead of the game so that it’s fair to everyone!
At BLaST Creative we are certified in Internet Marketing and can assist you with all of your Internet Marketing needs. For more assistance, please contact BLaST Creative.
Monday, May 26, 2008
Hyperlinks—To Underline or Not To Underline, That Is The Question
This week at BLaST Creative Web Design, we’d like to talk about hyperlinks or what you’ve probably heard called by it’s shortened named, links, are words or images that help with navigation, they take you to another part of the web page that you are on or even to another web page or web site entirely when you click on them.
In most cases the links that are present in the body of text are underlined and their color is different from the surrounding text, making it easier for visitors to spot your links. And in most instances, if you hover your mouse over them they will change color.
At BLaST Creative we like to be different, so we designed our website different from others including when it comes to the links. We did not applying the underline under the links. It’s really an easy thing to do, but we realized that our visitors would are familiar with the underline and but we wanted our site to be different, familiar as well, and we believed that people have had enough experience with the web that they will know to click on the navigation tabs without an underline.
Basically, you don’t have to underline your links, you can be different, but consider your visitors and what you are trying to accomplish? Is it worth not underlining your links?
At BLaST Creative, we decided to be different and unique by not underlining our links. You can too! Links are good and very beneficial for marketing, so answer the question for yourself to underline or not to underline and link away!
Tuesday, May 6, 2008
Why Businesses Need SEO (Search Engine Optimization) Services?
More than 70% of online consumers start their quest for a product, service or support call using a search engine. If you’re a business owner, how can you honestly afford NOT to be associated with this massive audience?
The bottom line is that you cannot afford to miss such opportunities. As a business owner you can use search engine optimization to drive more business from people who have never even heard of you before.
You need SEO Services, Internet Marketing Services and link building campaigns that work. SEO services and Internet marketing services will help generate sales for your business while increasing website traffic naturally. You need a search engine optimization strategy and link building campaign specifically designed for your websites products and services,natural SEO services and organic website promotion.
Achieving better rankings begins with proper web site optimization; a great link building strategy and well planned online marketing goals. But beware, some website services use tricks or claim to have secret tips they can't share with you. Your SEO provider should be able to share everything with you and strictly follow Yahoo, MSN and Google web master guidelines. If you have questions they should be clearly explained, as well explaining their site promotion techniques. SEO services should utilize top website optimization tools to analyze the top competitor websites.
Do you need expert search engine optimization services or top search engine rankings in organic results pages? BLaST Creative's experienced Internet marketing combines the highest quality website promotion strategies, link building campaigns and search engine placement to help you rank better.
SEO and link building strategies aren't just about fixing Meta data and submitting your site to directories. Quality link building will provide you hundreds to thousands of incoming links pointing directly to your website.
At BLaST Creative we will develop a link-building plan that is long lasting. Our services have an excellent track record increasing website rankings naturally. Highly competitive keywords will need a custom link building strategy to achieve higher rankings. This will also increase link popularity in the top engines. We use several variations of your keywords in your back links to get the perfect balance. This is important due to recent Google updates.
Pay per click advertising: If your company needs instant traffic during the website design process, we can provide help with online advertising. Maximize your current ad budget.
Growing Companies:
Companies can maximize budgets and web exposure with our business website solutions. Many companies simply can't afford a high monthly budget.
Website submission: Each URL submission to search engines. Do you need to keep your site rankings or link popularity up? The way to do that is with directories, press releases, article and Blog submissions that provide your website tons of new back links. Save by bundling your Meta Tags, URL submissions and keyword research. Have your website reviewed today and see the positive affect that BLaST Creative's Internet marketing services can have on your business! Learn more about our search engine optimization service, pricing or web tools contact BLaST Creative today.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on SEO Services, please contact Blast Creative today!
Sunday, April 27, 2008
How Can I Spend My Economic Stimulus Check?
Are you wondering what to spend your economic stimulus check on? If so, how about your front yard and backyard, give your home a face-lift with outdoor landscaping. The front of your house is the most visible, you want passers-by to stop, to admire your landscape and you want a PA landscaper like Designer Landscaping PA to turn your backyard into a personal outdoor oasis.
Backyard Allentown PA Landscaping Installations
You may think that backyard installations can have better or worse value return. And you would be correct a costly gazebo or storage shed wouldn’t have the same installation cost-to-property value ratio as a reasonably priced pond or swimming pool. Your first question when considering Allentown PA landscaping is what backyard landscaping project fits your lifestyle, that will tell which project to undertake.
If you dream of afternoon barbecues then a deck is something that you may want to consider investing in. If you preference is a calm, quiet evening dining, you mat want to consider a patio. If you like to retreat in your backyard to enjoy the peace, to meditate and enjoy nature then a pond/waterfall combination may be ideal. A swimming pool can be an amazing addition that the whole family can enjoy. Your Designer Landscaping PA backyard landscaping should be unique, not trendy, unless you're sure it fits your lifestyle and/or you plan on selling your home in the next few years.
Cashing that economic stimulus check, planning for the future can mean more than just spending more on your installation project or getting the most bang for your buck. A frequent example of this is an above ground swimming pool installation. If you have children, they may bug you to put in a swimming pool. Spending more on this swimming pool may increase its lifetime by an extra ten years. It may seem like a good idea at the time, but once the kids leave for college, you may not want the pool or the maintenance.
You could invest that extra money and in ten years use that money to replace the swimming pool. Designer Landscaping PA above ground swimming pool is one of the easiest installations to replace. Digging the foundation for the swimming pool is also natural ground preparation for a garden or patio.
Backyard Allentown PA Landscaping Care and Maintenance
Basic landscaping care and maintenance can be more about getting the most for your money. Planting or removing trees or other plants can provide many options and several of them can save you money and still accomplish comparable effects. Existing topsoil can often be revitalized in a relatively short amount of time at a significantly cheaper price. The most important thing is to ask a lot of questions before you make any actual plans. Talking to a Designer landscaping PA professional about what you want for your backyard landscaping is the best thing that you can do. Be sure to ask what your options are and make sure you can justify each decision to yourself.
This article was written for marketing purposes, if you are interested in learning more about article marketing or SEO services please email me for further information.
Saturday, April 19, 2008
BLaST Creative SEO Services and SEO Copywriting
SEO Services and SEO Copywriting is taking off in our world today. Utilizing search engine optimization services can level the playing field for any business.
BLaST Creative SEO Services come in a variety of shapes and sizes and the cost can get really pricey as well. There is copyediting, copywriting, keywords, press releases, meta tags, blogs and the list goes on and on. And while it can be overwhelming, hiring an SEO Service Provider can make your Internet Marketing issues much easier to deal with, hire an expert to make sure that it's done correctly.
What to look for in an SEO Service Provider:
• Copywriting
• Copyediting
• Utilization of keywords
• Link building
• Web content
• Top Ranking in search engines
• Pay per click advertising
What can an SEO Service Provider do for you? What difference can they make for you and your business? And more importantly, what can you afford for Internet Marketing? Can your SEO Service Provider cross over to all avenues of advertising and marketing?
As a business owner, you need to define your marketing needs, and the amount of time and money that you want to invest in your marketing campaign.
And last but certainly not least, the exciting news about SEO Services is that thanks to the cyberspace, your SEO Service marketer can live anywhere and provide you with optimal results.
For more information on SEO Services and SEO Copywriting, please contact BLaST Creative.
Sunday, April 6, 2008
SEO Services and Copywriting for Search Marketing
The first thing that you need to know about SEO services and copywriting for search marketing is that content is key. Whether or not your website will make it in the vast world of cyberspace depends on your ability to write compelling, targeted copy. Successful copywriting will help with your ROI by keeping visitors on your site, it will make you stand out from your competitors and gives you an edge with the search engines.
There are two main things that you need to achieve with SEO Copywriting, first you have to write expert content that will appeal to your reader, and second you need to make it appeal to the search engines. You will also need to use targeted keywords to successfully deliver your message.
SEO Copywriting
Search Engine Optimization Copywriting (SEO Copywriting) is a combination of writing text so that not only reads well for your viewers, but also is also appealing to the needs of the various search engines. If your site text is missing the words that are commonly searched-upon by users in the search engines you won't get the rankings you want. And then there is the flip side, if you stuff your text with keywords and forget about your customers' needs, you'll be considered a spammer and get booted from the engines. So what’s a person to do to make everyone happy? Oh, the pressure!
You craft original content pages that include just enough leading key terms to appeal to the engines. Effective SEO copywriting is one of the most important things that you can do because it will put you in a better position for you content to be seen by the search engines and prospective clients, thereby increasing both traffic and conversions.
High School English
Remember when you were in high school and you asked yourself why do I have to learn this stuff? When am I ever going to use this stupid inverted pyramid? The answer to that question is today my friend, today. When creating your text, reach into that scrapbook in your memory and pull up that picture of the upside-down triangle.
The base or the beginning of your upside down triangle should contain your most important content or keywords, the bottom or the tip should hold the details or the least important information. Using the inverted pyramid, also known as the upside-down triangle, method is important because it projects a clear summary of what you will be discussing to your viewers. Based on this information the reader determines if they are interested in reading your entire text it is also called the hook. Putting your keywords within the first 200 words of your text will increase your chances of tantalizing their taste buds while making you search engine friendly at the same time.
Short Sentences, Short Paragraphs, Lots of Content
There is no rule out there for writing the perfect copy, and there isn’t a magical number for the amount of words that you need in your copy. Having said that, most SEO experts recommend around 250 to 500 words per page, with one to four targeted search terms strategically placed within the text. Your keywords need to flow with the page and content and not sound forced or like you are trying to stuff your content with keywords.
When designing your page keep in mind that most Internet readers scan your page in search of keywords. They only way that you are going to get them to stop and read your content is if they see something that appeals to them. Keep your sentences short and direct, but don't hold back on content, the more content the better! Short paragraphs are key. If your content is all in one paragraph, your viewers will look at it and click to some other site, because they want short, quick, and easy. So write short paragraphs and utilize a lot of white space. Remember to use bullet points, bold and italicized text for emphasis. Doing so will make it easier for the reader to spot key points.
Before You Draft Your Content Know Your Keywords
Before you draft your content know your keywords. This will make it so much easier to create effective copy from the start than to go back and try to stuff keywords into already written text.
When I write copy, I like to use 1 or 2 keywords per paragraph. And you should also know that search engines generally give more weight to the first 200 words within a page. So it is vital to make sure that keywords are used appropriately near the top of the page and proportionally throughout the page. Also, don't forget to use keywords in your headlines. Most search engines deem a headline to be one of the most important sections of the copy. Including text in your headline will give it additional weight.
So now do you think that you are done? Sorry, but you are just beginning, your reader and the search engines have one basic need, they love content, especially when it is updated and relevant. There are few things more effective in promoting your site than regularly updating that site with fresh copy. Frequent updates will help your company to solidify its Internet presence and keep customers’ happy and coming back, as well as helping you with the search engines. Regular updates will cause your site to be regularly crawled by the search engines and lead to higher rankings.
Friday, April 4, 2008
BLaST Creative and CSS Stylish Sheets
At BLaST Creative we use HTML to control almost every part of the look and feel of your website, from the fonts and colors you want, to the position of elements on the page. By using CSS or cascading style sheets, it’s a better way to control the look of your website.
CSS is used in conjunction with HTML, the HTML tags mark up your web page, while the CSS control the elements on the page look and where they go.
A website’s css is usually stored in a separate file which the individual HTML web pages call in. The advantage of this is that one css file can control the look of your entire site. So, if you want to change the color of all the text on your site, you just make one small change in the file and it’s done.
CSS has quite a few other advantages over just using HTML. CSS sites are quicker to download, they get better search engine rankings, they’re easier to adapt for mobile phones, PDAs and web tv and they’re more accessible to people with disabilities.
If you are interested in learning more about web design, web marketing, SEO or article marketing please email me for further information.
Sunday, March 30, 2008
BMW Repair Billings MT
Tip of the week from Metric Wrench, BMW Repair Billings, MT, aiming procedures for fog and driving lights:
Park your BMW on a level surface with the fog lights 25 feet away from the wall. Measure the distance from the ground to the center of the lamp. Mark the same height on the wall. Turn your fog lights on. The lamps should be aimed straightforward. For fog lights, the top of the beams should be 4" below the mark on the wall. For driving lights the center of the beam's hot spot should be 1-1/2" below the mark.
BMW Engine Maintenance Program:
A little prevention care can save both time and money in costly BMW repairs in Billings, MT and extend the life of your BMW. Here are a couple of suggestions:
Whenever available, use original equipment components that have been designed specifically for your model BMW.
Today, advance additives and lubricants are available that enhance the performance and longevity of your engine. Ask for these lubricants when tuning up your BMW. And, of course change your oil every 3,000 miles.
Bring your BMW in for service at Metric Wrench, the BMW Repair Shop in Billings, MT on a regular basis and your bimmer will be running for years to come.
BMW Fun Facts
Bimmer vs Beemer
Like the debates between Hillary and Obama so too is the debate between Bimmer and Beemer, you say tomAto and I say tomato.
Bimmer - proper accepted slang for BMW cars. Don’t feel bad if you didn’t know this, most people don’t.
Beamer/Beemer - proper accepted slang for BMW motorcycles. People around the globe misuse this term, but we can’t really fault them, they just don’t know any better, but now you do.
Bummer - When you get a speeding ticket.
Bitter - Another German car. Very rare; hand built.
So just why is a BMW car called a 'bimmer' not a 'beemer' or 'beamer'?
The answer in part lies in knowing some BMW history and what came first. All real BMW enthusiasts know that BMW got a big start on two wheels, what many call the real BMWs.
In those days, BMW motorcycles were quite active in racing, and one of their competitors at the track was often the BSA bikes.
Well as things would have it, track slang developed, and the BMWs were usually referred to as 'beemers' and the BSAs were referred to as 'beesers'.
So, of course for any true enthusiast, there is no way that a BMW car could be called a 'beemer', so they were called 'bimmers'.
Unfortunately, in the US and Canada, and perhaps other countries, there was a time (kind of still is) where for various reasons, a BMW owner was considered an upwardly mobile person, and of course due to the fun in driving their BMWs most all of them had big grins on their faces.
Hence it is little surprise that the non-enthusiast types out there incorrectly labeled BMW cars and their owners as 'beamers' or 'beemers.’
This article was written for marketing purposes, if you are interested in learning more about article marketing or SEO services please email me for further information.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
Friday, March 14, 2008
Everything You Ever Wanted to Know About Writing: Pennsylvania Landscaping
Everything You Ever Wanted to Know About Writing: Pennsylvania Landscaping
This article was written for marketing purposes, if you are interested in learning more about article marketing or SEO services please email me for further information.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
This article was written for marketing purposes, if you are interested in learning more about article marketing or SEO services please email me for further information.
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
Christopher Johnson, Attorney-Diamond McCarthy, LLP
Christopher D. Johnson joined Diamond McCarthy in 2001. He has extensive experience in the area of debt restructuring and corporate reorganizations. He has served as counsel for debtors, official committees of unsecured creditors, chapter 7 and 11 trustees, liquidating trustees, and creditors...
read more | digg story
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
read more | digg story
If you are a business owner in any of these genres, financial, photographers, dentists, hotels, restaurants, construction, HVAC, hardware stores, real estate, or any business owner and want more information on Internet Marketing, please contact Blast Creative today!
Diamond McCarthy
The current trend in the legal market is towards the mega-firm. Mid-size firms are vanishing, as they are swallowed by firms with thousands of professionals. Such firms typically promote themselves to clients as one-stop shopping, touting experts in every legal field imaginable.
read more | digg story
read more | digg story
High Variance Diamond McCarthy
Trip Finley, Esq. has extensive experience in representing parties in a wide variety of complex financial disputes, including matters involving securities fraud, lender liability, fraudulent transfer and bankruptcy litigation.
read more | digg story
read more | digg story
Pennsylvania Landscaping
Landscaping is an artistic pursuit and every landscape is unique. You will spend many hours in your landscape and it should please, delight and serve you. Since 1992 Designer Landscaping has been creating outdoor living spaces unique to the lifestyle and setting of our clients.
read more | digg story
read more | digg story
Thursday, March 6, 2008
What is Litigation?
Litigation is always in the news, class action lawsuits, asbestos cases, drug recalls, it’s everywhere. But what does litigation really mean?
Litigation is a controversy before a court or a lawsuit. All action involves risk; most action involves the possibility of subsequent claims and litigation. The threat of litigation usually deals with the degree of injury. In most instances, lawyers are less likely to pursue litigation in cases where the injury is not serious. Most personal injury cases are taken on a contingency fee, and lawyers know that a modest injury will probably result in a modest fee that might not even equal a reasonable hourly rate. Also, if the case on liability is questionable, the defense is more likely to try a case of modest injury, and that makes it even less desirable to the lawyer. Where the injuries are severe, the odds of litigation are much greater.
There are two kinds of litigation: civil and criminal. If you break a state or federal law, you commit an offense against society. The government, on behalf of the community, begins a criminal proceeding to hold the offender responsible. A criminal litigation is therefore between the government and the accused or defendant. The government is represented by a prosecutor, typically a district attorney (for state prosecutions) or a federal prosecutor (for federal crimes). Either a private criminal attorney represents the defendant or a public defender appointed by the state.
A civil action encompasses virtually any non-criminal court proceeding. It can be a private action between two citizens, a proceeding by one person against the state, a suit by an individual against a corporation or any combination thereof. The party brings the suit, known as the plaintiff or petitioner, usually is seeking a sum of money (damages) from another party (the defendant or respondent) to compensate her for a claimed injury or loss. Sometimes the remedy sought involves not money but performance; one party wants the court to compel another either to do something he is obligated to do or to stop doing something that is injurious to one bring suit. In a civil action, the case turns not on the defendant’s guilt but on the issue of liability, a party is found either liable or not liable. The burden of proof required to establish liability in a civil suit is generally a lower threshold than the “guilty beyond a reasonable doubt” requires in a criminal trial.
In the either a criminal and civil litigation, the parties may never actually make it to court; they might come to a mutual comprise before the trial date. Parties to a civil suit might reach a financial agreement or other settlement, while the prosecution and defense in a criminal case might agree to a plea bargain, under which a prosecutor offers a reduced charge or sentence in exchange for the defendant’s plea of guilt.
Litigation is a controversy before a court or a lawsuit. All action involves risk; most action involves the possibility of subsequent claims and litigation. The threat of litigation usually deals with the degree of injury. In most instances, lawyers are less likely to pursue litigation in cases where the injury is not serious. Most personal injury cases are taken on a contingency fee, and lawyers know that a modest injury will probably result in a modest fee that might not even equal a reasonable hourly rate. Also, if the case on liability is questionable, the defense is more likely to try a case of modest injury, and that makes it even less desirable to the lawyer. Where the injuries are severe, the odds of litigation are much greater.
There are two kinds of litigation: civil and criminal. If you break a state or federal law, you commit an offense against society. The government, on behalf of the community, begins a criminal proceeding to hold the offender responsible. A criminal litigation is therefore between the government and the accused or defendant. The government is represented by a prosecutor, typically a district attorney (for state prosecutions) or a federal prosecutor (for federal crimes). Either a private criminal attorney represents the defendant or a public defender appointed by the state.
A civil action encompasses virtually any non-criminal court proceeding. It can be a private action between two citizens, a proceeding by one person against the state, a suit by an individual against a corporation or any combination thereof. The party brings the suit, known as the plaintiff or petitioner, usually is seeking a sum of money (damages) from another party (the defendant or respondent) to compensate her for a claimed injury or loss. Sometimes the remedy sought involves not money but performance; one party wants the court to compel another either to do something he is obligated to do or to stop doing something that is injurious to one bring suit. In a civil action, the case turns not on the defendant’s guilt but on the issue of liability, a party is found either liable or not liable. The burden of proof required to establish liability in a civil suit is generally a lower threshold than the “guilty beyond a reasonable doubt” requires in a criminal trial.
In the either a criminal and civil litigation, the parties may never actually make it to court; they might come to a mutual comprise before the trial date. Parties to a civil suit might reach a financial agreement or other settlement, while the prosecution and defense in a criminal case might agree to a plea bargain, under which a prosecutor offers a reduced charge or sentence in exchange for the defendant’s plea of guilt.
Thursday, February 28, 2008
What is Bankruptcy?
Bankruptcy is a legal proceeding in which people who are unable to pay their bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy is a way to instantly stop all of your creditors from trying to collect debts from you, at least until your debts are sorted out according to the law. Which means if you are experiencing a lot of nasty phone calls, they will stop.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, bankruptcy can make it possible for you to eradicate the legal obligation to pay most or all of your debts. This is called a discharge of debts. It is designed to give you a fresh financial start.
Bankruptcy can stop foreclosure on your house or mobile home and provide you the opportunity to catch up on missed payments. However, bankruptcy does not automatically eliminate mortgages and other liens on your property without payment.
It can prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
It can also stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. Restore or prevent termination of utility service. Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
But bankruptcy cannot fix every financial problem. And it may not be the right course of action for you. In bankruptcy, it is usually not possible to eliminate certain rights of "secured" creditors.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, a "secured" creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payment over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. However, you generally cannot keep the collateral unless you continue to pay the debt.
Bankruptcy also cannot discharge certain types of debts singled out by the bankruptcy law for special treatment such as child support, alimony, some student loans, court restitution orders, criminal fines, and some taxes.
Protect cosigners on your debts. When a relative or friend has cosigned a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
Different types of bankruptcy include:
Chapter 7-which is known as straight or liquidation bankruptcy. It requires a debtor to give up property, which exceeds certain limits called exemptions, so that the property can be sold to pay creditors.
Chapter 11-which is know as reorganization, is used by business and a few individual debtors whose debts are very large.
Chapter 12-is reserved for family farmers.
Chapter 13-is called debt adjustment and it requires a debtor to file a plan to pay debts or parts of debts from current income.
Most people filing bankruptcy will choose to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly.
As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation. The attorney should not be too busy to meet you individually and to answer questions as necessary.
The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect. You should carefully read retainers and other documents the attorney asks you to sign. You should not hire an attorney unless he or she agrees to represent you throughout the case.
In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. Many of the best bankruptcy lawyers do not advertise at all.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, bankruptcy can make it possible for you to eradicate the legal obligation to pay most or all of your debts. This is called a discharge of debts. It is designed to give you a fresh financial start.
Bankruptcy can stop foreclosure on your house or mobile home and provide you the opportunity to catch up on missed payments. However, bankruptcy does not automatically eliminate mortgages and other liens on your property without payment.
It can prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
It can also stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt. Restore or prevent termination of utility service. Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.
But bankruptcy cannot fix every financial problem. And it may not be the right course of action for you. In bankruptcy, it is usually not possible to eliminate certain rights of "secured" creditors.
According to Tripp Finley, Esq. of Diamond McCarthy Law Firm, a "secured" creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payment over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. However, you generally cannot keep the collateral unless you continue to pay the debt.
Bankruptcy also cannot discharge certain types of debts singled out by the bankruptcy law for special treatment such as child support, alimony, some student loans, court restitution orders, criminal fines, and some taxes.
Protect cosigners on your debts. When a relative or friend has cosigned a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
Different types of bankruptcy include:
Chapter 7-which is known as straight or liquidation bankruptcy. It requires a debtor to give up property, which exceeds certain limits called exemptions, so that the property can be sold to pay creditors.
Chapter 11-which is know as reorganization, is used by business and a few individual debtors whose debts are very large.
Chapter 12-is reserved for family farmers.
Chapter 13-is called debt adjustment and it requires a debtor to file a plan to pay debts or parts of debts from current income.
Most people filing bankruptcy will choose to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly.
As with any area of the law, it is important to carefully select an attorney who will respond to your personal situation. The attorney should not be too busy to meet you individually and to answer questions as necessary.
The best way to find a trustworthy bankruptcy attorney is to seek recommendations from family, friends or other members of the community, especially any attorney you know and respect. You should carefully read retainers and other documents the attorney asks you to sign. You should not hire an attorney unless he or she agrees to represent you throughout the case.
In bankruptcy, as in all areas of life, remember that the person advertising the cheapest rate is not necessarily the best. Many of the best bankruptcy lawyers do not advertise at all.
Monday, February 25, 2008
Arley "Trip" D. Finley-Attorney-Diamond McCarthy LLP
Trip Finley, a founding partner of Diamond McCarthy Taylor Finley & Lee, LLP, currently assists us as Senior Counsel. He has extensive experience in representing parties in a wide variety of complex financial disputes, including matters involving securities fraud, lender liability, fraudulent transfer and bankruptcy litigation.
read more | digg story
read more | digg story
Sunday, February 24, 2008
Ladd Hirsch-Attorney--Diamond McCarthy LLP
Ladd Hirsch is a business-oriented, dynamic trial attorney with more than 22 years experience representing clients in a wide variety of complex business litigation matters and arbitration proceedings. Ladd joined Diamond McCarthy as a partner in 2006.
read more | digg story
read more | digg story
Lisa Tsai-Attorney-Diamond McCarthy, LLP
Lisa Tsai is a partner who joined Diamond McCarthy in June 2004. Prior to joining the firm, Lisa served as a litigation associate at Latham & Watkins LLP in Los Angeles, California. Lisa has represented clients in a wide variety of complex business litigation, including fiduciary litigation, business and partnership disputes, just to name a few.
read more | digg story
read more | digg story
Arley "Trip" D. Finley-Attorney-Diamond McCarthy LLP
Trip Finley, a founding partner of Diamond McCarthy Taylor Finley & Lee, LLP, currently assists us as Senior Counsel. He has extensive experience in representing parties in a wide variety of complex financial disputes, including matters involving securities fraud, lender liability, fraudulent transfer and bankruptcy litigation.
read more | digg story
read more | digg story
Thursday, February 7, 2008
Diamond McCarthy LLP
An important aspect of writing and/or marketing is learning how to write a press release. Below is an example of a Press Release, it is key to state your purpose for the release, give as much detail as possible without being too wordy. There are numerous Internet sites as well as the AP that you can distribute your Press Release too. Verify all of your facts:
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. Diamond McCarthy's Law offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Diamond McCarthy's national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner at Diamond McCarthy and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. Diamond McCarthy's Law offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Diamond McCarthy's national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner at Diamond McCarthy and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
Wednesday, February 6, 2008
Diamond McCarthy LLP
What is Texas Appellate Law?
The following is an overview of the Texas appellate law as well as the Fifth Circuit appellate law. Every step of an appeals process can involve numerous and complex issues or they can be resolved rather simply. The following overview is intended to be simply that, an overview.
In Texas courts a decision by a district judge can be appealed to the Court of Appeals and then to the Texas Supreme Court. If a case is in federal court, a decision by the federal district court can be appealed to the 5th Circuit and then the United States Supreme Court.
All cases begin in a trial court, before they ever reach an appellate court. The trial judge has the ability to dismiss the case on the pleadings early in the litigation as well as dismissing it after a summary judgment motion well into the litigation. The case has the potential of being tried before a judge or a jury and a final judgment could be entered after a full trial. And in some cases, the trial judge will enter a judgment that is different than the jury's verdict. But at some point, the proceedings in the trial court will come to an end. And at that point, a party unhappy with the outcome, typically the losing side, but sometimes even the winning side, has the opportunity to appeal.
An appeal is placed in motion with the filing of the notice of appeal in the trial court. The party appealing, which is referred to as the appellant, must also designate an appellate record. The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.
• Appellate Panel and Oral Argument
An appellate panel decides appeals. The Texas Court of Appeal and the Fifth Circuit decides cases in three-judge panels. These judges are chosen randomly from the pool of available appellate judges on the courts. In appeals to state supreme courts and the U.S. Supreme Court, the entire court usually hears the appeal. State supreme courts typically have seven justices, and the U.S. Supreme Court has nine justices.
Once the briefing is completed, the appellate court will hear oral argument. The time between the close of briefing and oral argument varies tremendously between different courts. The Texas Courts of Appeal typically will set oral argument a few months after the close of briefing; the Fifth Circuit often takes well over a year to set oral argument. The Fifth Circuit, however, often decides cases without oral argument.
The oral argument in the Texas Court of Appeal is at most 30 minutes and is usually about 5 - 15 minutes. The Fifth Circuit usually sets oral argument at 10 minutes, but sometimes 20 minutes. By the time of oral argument, the judges on most appellate courts will have read the briefs, had at least one of their research attorneys or clerks prepare a bench memorandum discussing the issues, and often discussed it among themselves.
The lawyers at oral argument usually focus on just the most important aspects of their case, and the judges will frequently ask questions. This is not the time to reargue the entire case.
At the close of oral argument the case is submitted to the appellate court for a decision.
• Briefing
In a standard appeal process, the parties will file a total of three briefs with the court.
The appellant begins with the ‘opening brief.’ The appellant's opening brief will explain the facts and procedural history of the case, and then explain what went wrong in the trial court and why the appellate court should reverse the earlier decision.
Next, the non-appelling party, who is called the appellee, will file a responsive brief. In this brief, the appellee or respondent basically explains the facts and the procedural history of the case and then argues why the trial court reached the right result and why the appellate court should not reverse the decision.
Finally, the appellate can file a reply brief. In this brief, the appellant has the opportunity to argue why the respondent's claims are wrong. However, the appellant may not make any new legal argument in the reply brief; the appellate can only "reply" to the respondent.
All briefs must contain proper citations to legal authorities (cases, statutes, etc.) and proper citations to the appellate record.
• Standards of Appellate Review
An appeal does not mean that a new trial has been granted. The appellate courts do not retry cases or hear new evidence, they do not even hear new legal arguments. Instead, appellate courts review what occurred in the trial court to see if the proper procedures have been followed and the proper law has been applied. Because of the restricted nature of this review, the issues that are raised on appeal are normally significantly different from those that are raised at trial.
In most cases, the appellate court will turn to the trial court or jury on factual issues. However, the appellate court determines and decides the definition of the law. On issues of law, the interpretation of prior case law, or a statute, or the Constitution, the appellate court will not defer to the trial court but will instead independently decide the issue.
On an appeal if there is a pre-trial dismissal after a summary judgment motion or a demurrer, in most of these situations, the appellate court will review the materials and independently decide whether the case should have been dismissed or whether it should have been allowed to go to trial.
On an appeal from a judgment after a trial, the appellate court will reverse the judgment only if it finds the trial court committed legal errors that were prejudicial which means the outcome would have been different during the trial. It should be noted that minor legal errors are normally not reason enough for a reversal. This rule is often referred to as the harmless error rule.
• Decision
The appellate panel issues a written opinion which explains how it came to the decision that it did. Similar to the time between briefing and oral argument, the time between oral argument and the written decision can vary greatly between different courts. The Texas Court of Appeal has 90 days to issue an opinion, although they have the option of resubmitting the case and extending their time by 90days. The Fifth Circuit has no deadline, and the time can vary tremendously.
If the appellate court deems it appropriate, the written opinion will be published in the official reports and will be binding authority for litigants in the future.
• Rehearing by the Appellate Court
Any party that is dislikes or is disappointed with the opinion has a brief time window in which to request that the appellate court rehear the case. (When the time window closes, the appellate court loses jurisdiction to rehear the case.) Because of this, these petitions are almost never granted. If the arguments have already been made and considered, the court will more than likely not consider them again. And if the arguments have not already been made, the court probably won’t consider new argument.
But, in very rare cases, the appellate court may have misunderstood the law or the applicable facts of the case. (Note: this is not the same as understanding but disagreeing with a party's claims about the law and the facts of the case.) If this is the situation, the appellate court has discretion to rehear the case.
• Review by a Higher Court
A party who is dissatisfied with the results on appeal can also petition a higher appellate court to review the case. In Texas, this would be the Texas Supreme Court, and in the Fifth Circuit, it is the U.S. Supreme Court. (If a federal issue is involved, the U.S. Supreme Court can take cases from the Texas courts.)
With a few exceptions (like death penalty appeals), the Texas and U.S. Supreme Courts are not required to take any particular case; they choose what cases they will decide. The courts generally do not view themselves as simply providing a second layer of appellate review. Instead, they view themselves as insuring uniformity in the law in important issues. As a result, the Texas and U.S. Supreme Courts are likely to take cases where the lower courts have reached different conclusions on the same issue. They are not likely to take a case merely because the appellate court reached the wrong result.
Consequently, the petition asking the higher court to take review must be carefully drafted with this in mind.
• Interlocutory Appeals and Appellate Writs
Most appeals involve cases that have been concluded in the trial court, but there are times when a party can appeal from a trial court order before the case is over. In the Fifth Circuit, these are called interlocutory appeals. In the Texas Court of Appeal, these are technically not appeals at all, but are original proceedings, called writ petitions, asking the Court of Appeal to issue an order (or writ) directing the trial court to modify one of its orders. The circumstances in which a party can file an interlocutory appeal or a petition for an appellate writ vary from court to court and are often very technical.
That defines what Texas Appellate Law is; I’d like to thank Diamond McCarthy LLP for taking the time to answer my questions as I wrote this piece. If you have further questions or inquiries you should speak with a lawyer in your area today or check with a law library in Texas.
The following is an overview of the Texas appellate law as well as the Fifth Circuit appellate law. Every step of an appeals process can involve numerous and complex issues or they can be resolved rather simply. The following overview is intended to be simply that, an overview.
In Texas courts a decision by a district judge can be appealed to the Court of Appeals and then to the Texas Supreme Court. If a case is in federal court, a decision by the federal district court can be appealed to the 5th Circuit and then the United States Supreme Court.
All cases begin in a trial court, before they ever reach an appellate court. The trial judge has the ability to dismiss the case on the pleadings early in the litigation as well as dismissing it after a summary judgment motion well into the litigation. The case has the potential of being tried before a judge or a jury and a final judgment could be entered after a full trial. And in some cases, the trial judge will enter a judgment that is different than the jury's verdict. But at some point, the proceedings in the trial court will come to an end. And at that point, a party unhappy with the outcome, typically the losing side, but sometimes even the winning side, has the opportunity to appeal.
An appeal is placed in motion with the filing of the notice of appeal in the trial court. The party appealing, which is referred to as the appellant, must also designate an appellate record. The appellate record consists of materials from the trial court that the appellant would like to present to the appellate court and use in appeal.
• Appellate Panel and Oral Argument
An appellate panel decides appeals. The Texas Court of Appeal and the Fifth Circuit decides cases in three-judge panels. These judges are chosen randomly from the pool of available appellate judges on the courts. In appeals to state supreme courts and the U.S. Supreme Court, the entire court usually hears the appeal. State supreme courts typically have seven justices, and the U.S. Supreme Court has nine justices.
Once the briefing is completed, the appellate court will hear oral argument. The time between the close of briefing and oral argument varies tremendously between different courts. The Texas Courts of Appeal typically will set oral argument a few months after the close of briefing; the Fifth Circuit often takes well over a year to set oral argument. The Fifth Circuit, however, often decides cases without oral argument.
The oral argument in the Texas Court of Appeal is at most 30 minutes and is usually about 5 - 15 minutes. The Fifth Circuit usually sets oral argument at 10 minutes, but sometimes 20 minutes. By the time of oral argument, the judges on most appellate courts will have read the briefs, had at least one of their research attorneys or clerks prepare a bench memorandum discussing the issues, and often discussed it among themselves.
The lawyers at oral argument usually focus on just the most important aspects of their case, and the judges will frequently ask questions. This is not the time to reargue the entire case.
At the close of oral argument the case is submitted to the appellate court for a decision.
• Briefing
In a standard appeal process, the parties will file a total of three briefs with the court.
The appellant begins with the ‘opening brief.’ The appellant's opening brief will explain the facts and procedural history of the case, and then explain what went wrong in the trial court and why the appellate court should reverse the earlier decision.
Next, the non-appelling party, who is called the appellee, will file a responsive brief. In this brief, the appellee or respondent basically explains the facts and the procedural history of the case and then argues why the trial court reached the right result and why the appellate court should not reverse the decision.
Finally, the appellate can file a reply brief. In this brief, the appellant has the opportunity to argue why the respondent's claims are wrong. However, the appellant may not make any new legal argument in the reply brief; the appellate can only "reply" to the respondent.
All briefs must contain proper citations to legal authorities (cases, statutes, etc.) and proper citations to the appellate record.
• Standards of Appellate Review
An appeal does not mean that a new trial has been granted. The appellate courts do not retry cases or hear new evidence, they do not even hear new legal arguments. Instead, appellate courts review what occurred in the trial court to see if the proper procedures have been followed and the proper law has been applied. Because of the restricted nature of this review, the issues that are raised on appeal are normally significantly different from those that are raised at trial.
In most cases, the appellate court will turn to the trial court or jury on factual issues. However, the appellate court determines and decides the definition of the law. On issues of law, the interpretation of prior case law, or a statute, or the Constitution, the appellate court will not defer to the trial court but will instead independently decide the issue.
On an appeal if there is a pre-trial dismissal after a summary judgment motion or a demurrer, in most of these situations, the appellate court will review the materials and independently decide whether the case should have been dismissed or whether it should have been allowed to go to trial.
On an appeal from a judgment after a trial, the appellate court will reverse the judgment only if it finds the trial court committed legal errors that were prejudicial which means the outcome would have been different during the trial. It should be noted that minor legal errors are normally not reason enough for a reversal. This rule is often referred to as the harmless error rule.
• Decision
The appellate panel issues a written opinion which explains how it came to the decision that it did. Similar to the time between briefing and oral argument, the time between oral argument and the written decision can vary greatly between different courts. The Texas Court of Appeal has 90 days to issue an opinion, although they have the option of resubmitting the case and extending their time by 90days. The Fifth Circuit has no deadline, and the time can vary tremendously.
If the appellate court deems it appropriate, the written opinion will be published in the official reports and will be binding authority for litigants in the future.
• Rehearing by the Appellate Court
Any party that is dislikes or is disappointed with the opinion has a brief time window in which to request that the appellate court rehear the case. (When the time window closes, the appellate court loses jurisdiction to rehear the case.) Because of this, these petitions are almost never granted. If the arguments have already been made and considered, the court will more than likely not consider them again. And if the arguments have not already been made, the court probably won’t consider new argument.
But, in very rare cases, the appellate court may have misunderstood the law or the applicable facts of the case. (Note: this is not the same as understanding but disagreeing with a party's claims about the law and the facts of the case.) If this is the situation, the appellate court has discretion to rehear the case.
• Review by a Higher Court
A party who is dissatisfied with the results on appeal can also petition a higher appellate court to review the case. In Texas, this would be the Texas Supreme Court, and in the Fifth Circuit, it is the U.S. Supreme Court. (If a federal issue is involved, the U.S. Supreme Court can take cases from the Texas courts.)
With a few exceptions (like death penalty appeals), the Texas and U.S. Supreme Courts are not required to take any particular case; they choose what cases they will decide. The courts generally do not view themselves as simply providing a second layer of appellate review. Instead, they view themselves as insuring uniformity in the law in important issues. As a result, the Texas and U.S. Supreme Courts are likely to take cases where the lower courts have reached different conclusions on the same issue. They are not likely to take a case merely because the appellate court reached the wrong result.
Consequently, the petition asking the higher court to take review must be carefully drafted with this in mind.
• Interlocutory Appeals and Appellate Writs
Most appeals involve cases that have been concluded in the trial court, but there are times when a party can appeal from a trial court order before the case is over. In the Fifth Circuit, these are called interlocutory appeals. In the Texas Court of Appeal, these are technically not appeals at all, but are original proceedings, called writ petitions, asking the Court of Appeal to issue an order (or writ) directing the trial court to modify one of its orders. The circumstances in which a party can file an interlocutory appeal or a petition for an appellate writ vary from court to court and are often very technical.
That defines what Texas Appellate Law is; I’d like to thank Diamond McCarthy LLP for taking the time to answer my questions as I wrote this piece. If you have further questions or inquiries you should speak with a lawyer in your area today or check with a law library in Texas.
Monday, February 4, 2008
Diamond McCarthy LLP
An important aspect of writing and/or marketing is learning how to write a press release. Below is an example of a Press Release, it is key to state your purpose for the release, give as much detail as possible without being too wordy. There are numerous Internet sites as well as the AP that you can distribute your Press Release too. Verify all of your facts:
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. The Firm's offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Their national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner in the Firm and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
DIAMOND MCCARTHY LAW FIRM OPENS NEW OFFICE IN NEW YORK
Diamond McCarthy, a boutique law firm specializing in the investigation, litigation, and cost-effective resolution of complex business disputes on a local, national, and international stage. announces the opening of its new office in New York City. Taking almost 10,000 square feet on the 39th floor of the New York Times Building, the groundbreaking new headquarters of the New York Times on Manhattan's West Side.
As Managing Partner Allan Diamond explained, "We wanted our New York office to reflect our firm's reputation and values." The New York Times Building has been heralded as architecturally innovative and part of the eco-friendly building revolution, which is consistent with our firm's reputation for legal innovation. The Firm's offices have floor to ceiling unobstructed panoramic views looking to the East, South and West at the Chrysler Building, the Empire State Building, southern Manhattan's bridges, the Hudson River and the Statute of Liberty They are quite simply, breath-taking.
Founded by a group of attorneys, Diamond McCarthy is committed to providing innovative legal solutions to their clients' most complex problems - wherever those problems arise. From their inception, they have addressed the most significant and complicated issues facing their clients across the Continent, through the Caribbean, and into Europe.
Their national and international presence continues to expand, with their international docket including objectives for clients from the United Kingdom, the Netherlands, the Cayman Islands, the Republic of Colombia, and the Philippines, as well as their domestic docket that includes matters pending before federal and state trial and appellate courts from coast to coast. No matter where their clients may be or where their problems may arise, Diamond McCarthy is committed to solving its clients' problems and getting effective results.
Richard Janvey, who has been practicing in New York for the past 35+ years (formerly with Debevoise & Plimpton, LLP, Arthur Young, and his own firm, Janvey, Gordon et al), has become a partner in the Firm and is heading up Diamond McCarthy's New York office. Joining Richard is Joan Secofsky, also with 35+ years of experience (formerly with Skadden Arps, Proskauer Rose and others). For more information, please see their individual biographies at diamondmccarthy.com.
Consistent with Diamond McCarthy's "single firm approach," its New York office already is involved in all aspects of the Firm's complex commercial litigation/trial and insolvency practice. "The demands of our international trial practice require that we approach case staffing on a firm-wide basis, rather than office by office," Diamond said. "That permits us to devote our resources to the cases for which they are best suited and most needed, rather than being hindered by physical geography." As Janvey added, "Our New York office provides Diamond McCarthy with valuable new resources, while permitting the Firm to better serve its clients in New York and abroad."
The Firm's sub-prime litigation task group, formed earlier this year, will be collaborating and working with the New York office, and the Firm currently is planning to launch one or more new sub-practice group areas to be spearheaded out of the New York office.
620 Eighth Avenue (between 40th & 41st Streets)
39th Floor
New York, New York
Telephone number (212) 430-5400
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