Wagner and Winick On the Law

Latest Episodes:

What Does the FBI Investigate? Nov 17, 2016

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Co-hosts Stephen Wagner and Mitchel Winick review the authority of the FBI to conduct investigations. What is the proper relationship between the FBI as investigators and the Justice Department as prosecutors? Who makes the decisions to bring charges? What public comments are appropriate and/or legal during an investigation?

The Cost of Incivility in Court, in Politics, at Work, and at School Nov 10, 2016

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Co-hosts Stephen Wagner and Mitchel Winick discuss the laws and regulations related to civility in the courtroom, at work, in politics, and in schools. Is bullying just rude behavior or is it unlawful? At what point does free speech cross the line and create criminal or civil liabilitiy?

Wagner and Winick On the Law Thursday, November 3, 2016 Nov 03, 2016

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Exploding Cell Phones! Consumer Protection and Product Liability Oct 27, 2016

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Co-hosts Mitchel Winick and Stephen Wagner discuss consumer rights and product liability that arise with large-scale consumer product recalls. The Consumer Product Safety Commission (CPSC) announced a full recall on all versions of the Samsung Galaxy Note7 smart phone. The Department of Transportation has banned Note7 devices from all flights due to safety concerns, effective 10/15/2016. Listen in to a discussion of the legal rights and liabilities that could affect consumers, airlines, and others when notice is given about the dangerous nature of a consumer product.

Deadly Distractions - New Laws Limit Use of Cell Phones While Driving Oct 20, 2016

Show notes

An estimated 500,000 people are injured and thousands are killed each year in motor vehicle crashes involving distracted drivers. Starting in January 2017, California residents can no longer drive and use their hand-held smartphones -- for anything. New legislation goes into effect that makes it illegal to operate a smartphone with your hands for any reason. An officer may cite a driver for using a hand-held phone without any other traffic offense taking place. Many states have similar laws that are addressing the alarming increase in distracted driving accidents, many resulting in death. Co-hosts Stephen Wagner and Mitchel Winick discuss the new laws and the significant civil AND criminal liability that may arise from causing a distracted driving accident.

New Term, New Cases, Same Old Issues: Review of the New Supreme Court Term Oct 13, 2016

Show notes

Co-host Mitchel Winick and guest co-host Michael Cohen discuss the 2016 October US Supreme Court Term. Cohen, a Constitutional Law Professor and International Law Attorney previews the major cases coming before the Court, including returning issues such as the death penalty, equal rights, and First Amendment Rights. Winick and Cohen also discuss the likely impact of the Court sitting with only eight Justices and the US Senate's refusal to hold hearings on the nomination of Merrick Garland.

Videotape and Police Use of Force: Answers or more Problems? Oct 06, 2016

Show notes

Co-hosts Stephen Wagner and Mitchel Winick discuss the availability of video evidence in the recent police use of force cases. Does the availability of videotape produce answers or more questions? What policies exist regulating who can see videotapes . . . and when? Does the public have an inherent right to see the tapes? Listen in to Wagner and Winick On the Law to hear a discussion of these issues.

Cannabis Patents, Drone Patents: Protecting New Business Ideas Sep 29, 2016

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Cohosts Stephen Wagner and Mitchel Winick discuss the protection of ideas through patent, trademark, and copyright with Intellectual Property Law attorney Dave LaRiviere. Who knew that cannabis can be patented? How will the emerging use of drones in business be protected? What happens if your investor tries to steal your idea? Tune in to this week's episode of Wagner and Winick On the Law to learn the answers to these and other intellectual property law questions. Program guest Dave LaRiviere shares his experience and expertise in the fascinating and always evolving area of intellectual property law. As Dave reminds us, EVERY business has intellectual property that needs to be protected.

Equine Law: Not Just Horsing Around! Sep 15, 2016

Show notes

Cohosts Mitchel Winick and Stephen Wagner discuss the surprisingly complicated practice of Equine Law . . . horse law . . . with Kathleen Reagan, a noted legal expert in the area. Buying and selling horses, race horse syndication, equestrian real estate, personal injury from horseback riding, and many other interesting aspects of this unique practice area are discussed in the program. Expensive horses need the protection of good contracts for the protection of buyer, seller, lease participants, owners, trainers, and riders. Horse law is unlike other areas of law and requires special expertise. Deals on a handshake carry risks for all concerned, so investing in a properly drafted contract is more than good horse sense, it makes good business sense. Many purchasers do not realize that horses are consumer goods under the Uniform Commercial Code, can be purchased in secured transactions, and can be seized in court proceedings for unpaid board bills. Equine Law: Not just horsing around!

Drug Recognition for DUI Arrests Sep 08, 2016

Show notes

Cohosts Stephen Wagner and Mitchel Winick discuss the difficult challenge for police officers when confronted with impaired drivers. Driving Under the Influence is NOT just about the use and abuse of alcohol and illegal drugs, it is about impairment, including prescription medications and mental condition. Join the hosts in a discussion with Tom Page, former police officer and drug recognition evaluator who has been at the forefront of developing and providing training for modern police officers to become Drug Recognition Evaluators.

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