About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
How To Fight Overseas Cybersquatters
As your business grows and becomes more successful, you’re at increasing risk of becoming a target of cybersquatting — that is, the practice of registering well-known names as internet domains with the aim of reselling them at a profit. Intellectual Property Law in Different Countries Laws are different in other countries, and this is especially true in the area of intellectual property and the protections that many businesses rely upon. Cybersquatting has become a lucrative practice in …
Can I Perform a Citizen's Arrest in My State?
As children, many dream of being superheroes, solving crimes, or keeping the world safe from evil forces. And as adults, some join neighborhood watches and other civic organizations. But what happens if you see a crime being committed in person? Can you stop it? In general, anyone can make a warrantless arrest if they believe someone committed a crime. This is known as a citizen's arrest. Citizen's arrest laws vary by state. Make sure you understand the laws in your state before taking matters …
How Do Mistrials Work?
You may have seen, on TV, a courtroom drama where a defense attorney objects, over and over, while the prosecution builds their case. When the smoking gun is revealed, the defense attorney leaps to their feet, shouting, “Objection, your honor! I demand a mistrial!” But what does that mean? This article will delve into that answer, but there's no replacement for the knowledge that comes through speaking to your own, dedicated attorney. What Is a Mistrial? Mistrials are trials that are …
Why Would You Need an Agriculture Attorney?
The lawyers who keep the farming industry running and help sustain billions of Americans each day are called agriculture attorneys. But what does an ag law attorney actually do? “It touches upon every area of law,” says Cari Rincker, one such agricultural lawyer. “It’s just in a specific industry. I tend to do transactional work on a national scale: Business planning and contracts, estate planning and compliance issues, federal permit issues, zoning issues, easement concerns — all in …
What Does an Intellectual Property Lawyer Do?
An intellectual property lawyer helps creators and inventors secure their intellectual property rights by filing applications for trademark registration and enforcing exclusivity with defense strategies and infringement litigation. IP lawyers provide legal representation to secure patents, trademarks, and copyright protection, and trade secrets to stop intellectual property theft and manage IP portfolios through granting licensing agreements. Lawyers also monitor IP theft or unauthorized use …
How Often Should I Review My Company’s Employee Benefits Plan?
With each passing year, every business should examine its employee benefit plans. This includes retirement plans, health insurance, and other types of benefits. But business owners are busy. Keeping up with benefits law isn't at the top of the list for most business owners. Outdated benefit plans could mean your business loses top talent or is as seen as out of step with industry standards. Lack of compliance with employee benefit plan can also result in civil liability, financial penalties, …
A Doctor's Toolkit for Medical Malpractice Defense
With every patient’s life in their hands, doctors have to be held to a high standard. But should we demand perfection out of our healthcare providers? “There are certain requirements a plaintiff needs to meet before they sue a doctor or a hospital,” says medical malpractice defense attorney Lisa M. DeLeon. “The public policy reasons behind this are the state and the law recognize that doctors and hospitals have difficult jobs, and so anyone going after them must meet procedural and …
When You Need an Employee Benefits Attorney
You need an employee benefits attorney when an employee claims severance package violations or alleges the plan administration breached its legal responsibilities in managing retirement plans. Plan administrators have a fiduciary duty to follow ERISA compliance, ACA compliance, COBRA guidelines, benefit rules, and manage government checks and IRS audits. A lawyer represents employers facing workers' claims, benefit disputes, and DOL investigations of health insurance plans and pension …
Transgender-Inclusive Health Care: Law and Company Policies
Employers must periodically evaluate their employee benefits packages for compliance under federal and state law. One often overlooked area is transgender-inclusive benefits. Some states have strong healthcare protections for transgender individuals. Other states explicitly allow insurance companies to refuse gender-affirming care. To make sure your healthcare benefits and policies comply with state and federal laws, talk to a labor and employment lawyer. Understanding Transgender-Inclusive …
Illinois Employment Law: When To Hire Counsel
If you own a business with employees, or are contemplating adding more employees to your established business, you should probably have already reached out to an attorney. “Labor and employment is a very unique practice area of the law, because on top of the generalized employment litigation, we spend a decent amount of time counseling companies with their concerns to prevent legal issues from arising, says Illinois attorney Erinn Rigney. “Business owners should be just as proactive in …
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