Articles Posted in Blog

Michael Pezzulli presents Parallel Prosecution webinar for State Bar of Texas, March 2019

Michael Pezzulli conducted a live webinar for the State Bar of Texas on a popular topic, “Criminal Law and Civil Litigators: A Review of Three Little Known Federal Statutes and Parallel Prosecution” in March 2019. Attorneys with civil audit cases with a potential risk of criminal prosecution need to be aware of the many challenges involved to prepare appropriate, balanced strategies for their clients.

The curriculum fulfills 1.50 hours toward Texas MCLE requirements (.75 ethics hours). Attorneys active in the State Bar of Texas can access the recorded webinar (MCLE No: 174038645) at the Texas Bar CLE website. With this topic in high demand, Pezzulli has made the presentation handout available for anyone to download here: Pezzulli SBOT Presentation March 2019

metal statue of Justice as a woman wearing a blindfold and holding up a set of evenly balanced scales

by Michael F. Pezzulli

Recently I represented and tried a case on behalf of a young woman who had been the victim of a horrific attack by her ex-boyfriend. The facts of the case revealed that over the course of an attack that lasted hours, the ex-boyfriend violently raped her, inflicting knife wounds requiring nearly 500 stitches. The attack was so brutal that the blows to her face left many of the bones in her face broken. When the paramedics arrived, they believed she was dead. 

The problem is not isolated. It is so pervasive that the CDC, (Centers for Disease Control), actually has a division of Violence Prevention, and has studied the problem extensively. The CDC monitors the problem closely and recently updated its findings in its National Intimate Partner and Sexual violence Survey. 

Matching set of safety razor and shaving brush on wood counterYou don’t have to wait on the razor wars to end to have a sharp blade.

I’m sure most if not all of you have seen the great wars between Gillette, the unit of consumer products giant Procter & Gamble and its ongoing battle with Dollar Shave Club.  Gillette claiming that the way certain materials coat Dollar Shave Club’s blades is a violation of a 2004 patent held by Gillette filed the lawsuit about a year ago.  Supposedly, these coatings keep the blade sharp.

As I got interested in this patent fight, the idea of how to keep a blade sharped peaked my interest.  I decided to see how long a person could really use one blade.  Believe it or not, I have used the same Gillette blade for six months – yes, six months! – and it is still sharp.  It’s a relatively simple process and you don’t need an engineering degree or even a technical mind to do it.

by Michael Pezzulli

The phrase “Cash is King” does tend to evoke warm feelings from most people in the business world; however, anyone engaged in business must understand that failing to follow the rules imposed by the Federal Government, will create a situation where cash is definitely not king.

How you handle cash can define whether you are a law-abiding citizen or are guilty of a federal crime. Whether your money was earned honestly is irrelevant. What really matters is how you deposit or withdraw your money at your local bank.

Bank Vault Door
by Michael Pezzulli

The Attorney Client Privilege

When consulting with an attorney, how can a client feel safe and secure from having his or her sensitive and critical information falling into the wrong hands? When the businessperson is confronted with an array of technical advisors, consultants and outside experts, it may well be worth its weight in gold to bring an attorney on board who can cloak the communications inside the veil of the attorney client privilege.

Western Accessoriesby Michael Pezzulli1

In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.2

The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

Office folder with inscription Michael Pezzulli 1

Trolls can be first seen in Norse folklore, focused mainly in the early Scandinavian countries that the Vikings had total control over—such as Norway and Sweden. The word “troll” actually evolved over time and wasn’t the first name of this type of creature. In the Scandinavian languages, the word is actually a root for just about everything mystical and magical. “Trolleri” was considered to be a type of magic that was intended to harm others and is probably the primary source for the term “troll” for these mythological creatures were considered to be particularly malignant, especially toward humans, in stories from folklore.2

Sadly, the Troll has crawled out from under the bridge and has firmly attached itself to Patent Litigation; however, it has never lost its malignant nature, especially towards humans and the innovation industry. This malignancy has continued to spread throughout the United States. “The number of patent lawsuits filed spiked by almost 30% in 2012 to over 5,000, with some of that increase attributed to the AIA’s ‘anti-joinder’ provision…. Patent infringement litigation shows no signs of cooling off, either as a means of generating revenue or of protecting competitive advantages.”3

Advanced Creditors’ Rights

State Bar of Texas

Discusses the currency transaction reporting requirements, smurfing, and parallel prosecution and how a civil trial lawyer can unintentionally get in trouble.

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