Posted On: February 27, 2009

COBRA: What do I do to get new benefits?

After my last COBRA post, COBRA Insurance Relief Under the Stimulus Package: New Employee Benefit Issues for Employees and Employers, I've been getting quite few COBRA inquiries from people who have lost a job. People are asking, "What do I do to get these COBRA benefits?"

To learn if you qualify and what to do, first try contacting your former employer and then your former health insurance Plan Administrator.

If you don't get an informed response then here are some links from the U.S. Department of Labor (phone numbers are included, too):



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Posted On: February 25, 2009

While a federal judge lets twitter coverage into the courtroom, webcams in 1st Circuit RIAA hearing remain uncertain.

The ABA Journal post, Another Federal Judge Allows Twitter Coverage of Trial, discusses the use of twitter media coverage in a federal case involving six accused gang members.  Note, the journalist, not the gang members, was using twitter. Are we seeing the start of a courtroom coverage trend? In January, I posted about a federal judge allowing blog coverage of a trial. While reports of this type appear to be growing, courtroom coverage through new technology is not well received everywhere

In my prior post, I mentioned a Recording Industry Association of America (RIAA) case brought against Joel Tenebaum, a Boston University graduate student (involving alleged illegal music downloading from the internet.) In this case, U.S. District Court Judge Nancy Gertner granted a motion to allow video streaming coverage of the hearing via a webcam. RIAA argued against this and Judge Gertner evenhandedly postponed the hearing to allow an appeal. The hearing, originally postponed until Feb. 24, 2009, has now been postponed even further.

Jaikumar Vijayan, in an informative post, New Hurdle for video streaming order in RIAA piracy case, writes:

The U.S. Court of Appeals for the First Circuit issued an order on Feb. 20 asking both sides in the case to provide their legal comments on a 1996 ban on the use of cameras in the circuit's court rooms.

The appeals court has given Tenenbaum and the music labels 20 days from the order to file the comments, or supplementary briefs, on the likely implications of the 1996 resolution on the present case.

In a separate development, a scheduled hearing of the case Tuesday in a federal district court in Boston, at which the live streaming was to have occurred, has been pushed back to April 30.
I applaud Justice Gertner for her ruling and I hope her decision is upheld. If so, I think it will be interesting to see what people tweet about on twitter while watching the streaming video coverage of an alleged illegal music downloading case. If you think about that idea for a minute, does anyone doubt the web isn't changing things dramatically?

Follow me on twitter.

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Posted On: February 23, 2009

Public Relations and Polling the Question, "Does America Need Labor Unions?"

Given the attention the Employee Free Choice Act ("Check Card") is generating, Parade Magazine is asking "Does America Still Need Labor Unions?" Take the poll and view the results.

When I visited: 84% Yes vs. 16% No.

Disclosure
: I was notified of this poll in an AFL-CIO blast email asking me to visit the site and vote "yes."

They added:

The anti-union lobby and public relations machine will be mobilizing others to visit the site and vote No. Don't let them distort the view of the American people.
Allegiances aside, anyone else see the irony here? Makes one wonder what the polls like this one are really measuring. Are we learning the average persons' views or seeing the mobilization abilities of each side. This appears to be the public relations game needing to be played as some media source or article will likely quote the results as definitive on something.

Regardless, looks like labor is compiling some wins these days, not only with cases and legislation, but in PR efforts, too.

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Posted On: February 22, 2009

Waiting for the Sunrise: A Story of Mortgages, Homeowners, and a Better Tomorrow

March 4, 2009 could be a busy day, for some. News reports on mortgages and the stimulus package provisions for banks and homeowners have people on twitter, blogs, and their phones asking, "What do I do? How do I qualify? When can I do this?"  It has many others asking, "Will it work?" For some the answer is a tentative yes, but the jury is still out on the larger economy.

The Boston Globe in, Homeowners anxious for details, reports:

The Obama administration plans to issue guidelines March 4 when the program starts. Included in the plan is a change in lending rules to help as many as 5 million homeowners refinance, $75 billion to help up to 4 million homeowners most at risk of foreclosure, and a pledge of $200 billion to mortgage giants Fannie Mae and Freddie Mac to help keep mortgage rates low.
While the package holds hope for some, it is not expected to be a lifeline for everyone.
...first mortgages must also fall between 80 and 105 percent of the value of their home. About 25 percent of Boston-area homeowners...would meet this debt-to-value criteria, according to real estate tracker Zillow.com.
An editorial in the Philadelphia Inquirer addresses the here and now while applauding doing something rather than nothing,
...President Obama is addressing the root cause of the economic crisis in a way that should finally help struggling homeowners.

...

It's the most comprehensive effort yet at dealing with the impact of plummeting home values, which have left so many families "under water" - owing more than their homes are now worth.

The Tri City Herald, in, Housing rescue plan is a hopeful beginning, is more tempered in its analysis and discusses President Obama's statement that government intervention would keep the housing crisis "from wreaking even greater havoc" on the broader national economy. The Herald addresses the bailout in relation to the greater economic context:

The $75 billion lifeline to stave off foreclosures for millions of Americans comes as the stock market is dropping, jobs are vanishing and some of the nation's once-iconic corporations face possible bankruptcy.

The question many continue asking is, "Given the larger economic challenges, will this work?"

The Globe article cited above also quotes Nicolas Retsinas, director of Harvard University's Joint Center for Housing Studies, who said if homeowners lose their jobs, they likely can't hold onto their homes even with lower interest rates. "The storm cloud hanging over the plan is the economy[.]"

Adding a comparative international element to the looming question, Susan Cartier Liebel brought to my attention, via Twitter, this New York Times article, When Consumers Cut Back, Lessons From Japan, which looks at Japan's recent economic stimulus experience:

Economic stimulus programs like the one President Obama signed into law last week have been hampered in Japan by deflation, the downward spiral of prices and wages that occurs when consumers hold down spending — in part because they expect goods to be cheaper in the future.

Economists say deflation could interfere with the...cash handouts that the Japanese government is planning, because consumers might save the extra money on the hunch that it will be more valuable in the future than it is now.

The same fear grips many economists and policymakers in the United States. “Deflation is a real risk facing the economy,” President Obama’s chief economic adviser, Lawrence H. Summers, told reporters this month.

This fear of deflation seems to square with anecdotal evidence of how people are responding to our economic crisis.  Consider the following from The Wall Street Journal's, Remembering the Dawn of the Age of Abundance: Times are hard, but dynamism isn't dead,
All of this hunkering down has stopped the great churning, the buying, selling and buying that was at the heart of our prosperity. In private equity firms, the churning was life. They bought a company, removed the fat, sold it at a profit, and bought another one. They kept moving. That's over. No one is buying now, and no one can sell.
But, Peggy Noonan's article, offers a different type of stimulus, an innovative and local one:
I end with a hunch that is not an unhappy one. Dynamism has been leached from our system for now, but not from the human brain or heart. Just as our political regeneration will happen locally, in counties and states that learn how to control themselves and demonstrate how to govern effectively in a time of limits, so will our economic regeneration. That will begin in someone's garage, somebody's kitchen.... The comeback will be from the ground up and will start with innovation. No one trusts big anymore. In the future everything will be local. That's where the magic will be. And no amount of pessimism will stop it once it starts.
Perhaps the stimulus package we need isn't only economic, but is social, too. Could our troubles lead us back to communities where people remain local and to where families grow and remain close, close enough (not 'close' defined in terms of distance only) to support each other again? Perhaps a return to ungated communities where people, instead of being locked out, are welcomed into their neighbors' lives?

Speaking personally, the town I grew up in has grown more distant to me. My mother's mother's mother down the years to my daughter have called this town home--I'm even an elected official here, but something has been missing, something amiss from my cherished youth. Don't get me wrong, there remain many friendly people and places, but many of these, surprisingly, I recall from years ago, and fewer, more recently. Today, a culture of stranger danger and selfism has made good fences more important than good neighbors. As a child, we had less, but we had more, too.

Fondly, I recall marching on picket lines with my father's union when jobs were scarce. Going to flea markets in the blue cargo van and working beside Dad for the day as we sold all sorts of things to help us get by. A cheese pizza at the Liberty, a small pub Mom was waitressing at. Fishing. Going to a single Red Sox game in Fenway Park. Our family trip to Disney World meant busting open the piggy bank we had been filling for years and six of us squeezing into a Datsun 210 while stopping at hotels along our way while checking prices for our night's stay. We played, in the neighborhood, climbed trees, ran in and outside the library. We made up our own games and enjoyed make-believe. Structure gave way to experimenting. Teachers taught with passion. Coaches placed character before winning trophies.

Years ago, while working with teens removed from their families, I became a fan of narrative therapy. Wikipedia states, "Narrative therapy holds that our identities are shaped by the accounts of our lives found in our stories or narratives." These resilient kids taught me circumstances alone don't make the person, but rather it's what you believe about yourself that matters most. It's a matter of perspective and identity. What story will define our times? What narrative will we write for future generations?

I, too, hope for a comeback, but the comeback I hope for isn't merely economic. While the stimulus plan won't save everyone, if it helps more people stay in their homes while preserving and building better communities, then it's a social investment we may all benefit from. It frames a prouder tale of hope and of help. Which story is better? Is taking helpful action preferable to succumbing to weaker woes of corruption, defeat, or a quitting attitude that it's just too late?

The narrative of our economic challenge might better be viewed through the eyes of those who landed in Plymouth with little more than hope and determination for a better life. What would they say to us? What can be accomplished against great odds when determined people, true survivors, come together? Emerson wrote of progress despite the negatives, "We see, now, events forced on, which seem to retard or retrograde the civility of ages. But the world-spirit is a good swimmer, and storm and waves cannot drown him."

Neither our economy nor our mortgage interest rates are the greatness of America. No, freedom and the opportunity for a better life have guided us true. Today provides an opportune time for us to rediscover those things that truly matter and to return to the basics. This is not defeat, we remain the land of the free and the home of the brave. As Thomas Paine declared in times of far greater peril,

I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.

Sure, there will be those passive people who may say to others, "Make it better for me today while I go on watching or complaining." But those truly living the American dream, a dream shared by our forebearers, will join together and with a proud smile proclaim (borrowing once more from Twain), "If there must be trouble, let it be in my day, that my child may have peace[.]"

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Posted On: February 18, 2009

Twitter Thoughts for this Massachusetts Lawyer

I'm new on Twitter. What blog readers are using this tool and how? Let me know your username so I can "follow" you on twitter.  For those interested in following me, I'm at http://twitter.com/kevinwhitaker or @kevinwhitaker for twitter users. I'll post a link or button in the coming days. I'd appreciate any feedback on options and best uses. Currently I'm using/trying TweetDeck, TwitterFox, and twhirl, but this is only a beginning.


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Posted On: February 18, 2009

COBRA Insurance Relief Under the Stimulus Package: New Employee Benefit Issues for Employees and Employers

Last night during a budget meeting of the Weymouth town council, we discussed the Massachusetts Governor's recent 9C cuts and how we would handle the lost revenues during this fiscal year. While layoffs were discussed, we opted (although not unanimously) to avoid layoffs this fiscal year because we would only have about one fiscal quarter (after the notice period ran) to make the full $1,000,000 in cuts.

Despite my strong reluctance to use a one time nonrecurring revenue source to make-up the difference (we had funds available from the sale of a town owned property), I thought it better to spread the cuts over a full fiscal year should any become necessary as we move forward. Had we opted to act now, we were looking at laying off 120-140 employees next week.

In those cities and towns without an adequate reserve or a new revenue source, they may be forced into making tough choices on layoffs soon. For employees who are displaced due to job loss, there is some help in the stimulus package in the form of a 65% employer paid subsidy of COBRA premiums for nine months. The Employee Benefits Legal Blog has a good post, Employer Paid COBRA Subsidies in the Economic Stimulus Bill: Initial Action Plan and alert that applies to the employer side of this, but provides a good overview for employees, too.

Eligible employees who suffered an involuntary job loss or had a qualifying event (between September 1, 2008 to December 31, 2009) or qualified beneficiaries, should make sure they understand how this COBRA provision affects them and their insurance coverage options.  Covered employers, on the other hand, have the new challenges of dealing with this program and its requirements. While employers are eligible for a payroll tax credit for the COBRA premiums paid under the Act, this Act is a major change to COBRA law and administration and thus must be taken into consideration before making any reductions in the workforce.



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Posted On: February 12, 2009

Happy Birthday, Chuck: The Evolution of Law and Technology

Today (according to the art surrounding my google search box) is Charles Darwin's birthday. Much has evolved in the intervening 200 years, including the practice of law. Yesterday, I attended the ABA's Techshow Roadshow in Boston and was pleased with what is emerging in legal technology. I'm always looking for ways to practice law both better and smarter while delivering innovative solutions to peoples' problems (I'll be speaking on this topic at a CLE seminar for lawyers in the spring and I'll post the details once they are finalized.)

While I haven't read it yet, lately, there's been a good deal of talk about Richard Susskind's new book, The End of Lawyers?: Rethinking the Nature of Legal Services.  Richard will be the Keynote speaker at ABA Techshow 2009 in Chicago this April. I look forward to his talk and the talk about his talk that will follow. What does the future hold for law, lawyers, and society?

I'm hoping the law and lawyers practices continue to evolve by making better use of technology. I hope this advancement results in benefits not just for lawyers, but for their clients and for society as a whole. Making the protections of law available to more through better uses of technology is possible. On the practical side, development and better use legal technology can also lead to attorneys who are more efficient and satisfied with their careers. Perhaps we're in the midst of a sort of adaptive evolution occurring within law and technology. Are legal blogs and lawyers on twitter the equivalent of Darwin's ecological niches in biology? Time will tell. Just like Darwin's contributions to our understanding and debates, there remain many doubters. Regardless (aka Irregardless in Boston), Happy Birthday, Chuck.

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Posted On: February 4, 2009

Bankruptcy Filings, Consumers, and False Deals

Debt and bankruptcy lawyers across MA know it's not just Massachusetts bankruptcies, a look at all bankruptcy filings by state shows bankruptcy filings continue to rise. For additional statistics see the American Bankruptcy Institute's News Room and Statistics. The ABI shows a graph alongside their assertion that consumer debt is consistent with bankruptcy filings and also states:


Research by the Federal Reserve indicates that household debt is at a record high relative to disposable income. Some analysts are concerned that this unprecedented level of debt might pose a risk to the financial health of American households. A high level of indebtedness among households could lead to increased household delinquencies and bankruptcies, which could threaten the health of lenders if loan losses are greater than anticipated.
As go consumers (and consumer bankruptcy) so go some retailers, too. Linens-N-Things and Circuit City are only two recent big name business bankruptcies.  Some consumers looking for last minute deals may be scouring the "going-out-of-business sales" in search of a bargain price.  A Better Business Bureau article, however, is warning shoppers to be on the lookout for false deals. The BBB article cites examples of prices being marked up by the liquidators handling the sale.

If you'd like to discuss bankruptcy or alternatives to bankruptcy with a Massachusetts attorney, contact us.  If you are a Wilson & Whitaker, LLC client looking for our online bankruptcy portal (where you can work on or enter all the needed information from any computer connected to the internet), visit here.

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