Jay Ashcroft

We often get asked about what to do when life changes impact court orders for child custody, child support, or alimony. To help answer these common questions, Attorney Robert Wankmuller has written a guide that walks you through how post-divorce modifications work in Nebraska. Whether you're looking to update current arrangements or just exploring your options, this article breaks down what to expect and how we can help. Read the full article below and give us a call if you’re ready to talk about your next steps, we’ve got your back! Omaha | Lincoln | NE & W. IA | 402-548-5418 #Modification #ChildCustody #ChildSupport #Alimony #SpousalSupport #WeDoLawDifferently #HelpStartsHere #McGillLawLincoln #McGillLawOmaha https://lnkd.in/gJwU3Es8

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https://lnkd.in/gCJTTSB2 Cassie Schirm is producing an interesting series for WDSU-TV about the roadblocks to access to public records. I was honored to lend my commentary to her for this piece of the series she is calling "Denied" where we discuss how she ran into severe difficulty from the Kenner Police Department while investigating their arrest of Saints player, Chris Olave, last year. We are seeing a massive movement right now on the national, state, and local level to minimize record keeping of public documents, which should be terrifying. These documents belong to the public, not to the entities or the public actors - to us. A democracy cannot exist without full government transparency. "There's always this tenuous nature between the letter of the law, the spirit of the law, Right?. Do I have to give something up? Should I give something up? And when you're the public entity, we should really err on the side of complying, not just with the letter of the law but with this spirit of the law. Our governments really need to be operating in full transparency."

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On this 90th anniversary of the Indian Reorganization Act (IRA), we must acknowledge the Tribal neocolonialism created and fostered by that federal law. As Nick Estes explains, the IRA caused Tribal governments to “a winner-takes-all” system that “turned relatives against each other” and “broke down the family kinship unit that . . . was fundamental to decision making” in Indigenous societies. Tribal neocolonialism has emerged under the IRA, with tribal politicians perpetuating modes of Indigenous kinship destruction pioneered by settlers centuries ago. Per-capita fueled tribal disenrollment and enrollment moratoria, rooted in IRA constitutions, exemplify those assimilative forces. Ninety years later, the IRA requires a genuinely Indigenous response. For example, Alan Parker urged the amendment of IRA constitutions to reestablish citizenship “rules” that “rely on traditional concepts of belonging” and “focus on the goal that there will be future generations.” There is much work to be done.

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In our most recent #FMG blog, Katherine Chenail and Courtney Knight cover the Supreme Court's recent decision in Muldrow v. City of St. Louis, Missouri which made it easier for employees to allege sex discrimination in the workplace under #TitleVII. Click below to read the full story! #FMGlaw #EmploymentLaw #employers #workplace #discrimination

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Nebraska's appellate courts sometimes issue calls for legislative action. We'd do well to heed those calls. Today, the Nebraska Court of Appeals released State v. Anderson, 33 Neb. App. 131 (2024). It involved a daycare worker's criminal plea to misdemeanor child abuse after spraying a child with soapy water. Concerned with the defendant's lack of remorse, the trial court sentenced Anderson to 240 days in jail. For those of you keeping score at home, that's a long jail sentence for a misdemeanor offense. With a bitter twang, the Court recounted State v. Morton, 310 Neb. 355 (2021), in which the Nebraska Supreme Court reversed the Court of Appeals when it reduced one of the defendant's sentences as excessive on appeal. Mindful of that rebuke, the Court of Appeals reluctantly affirmed Anderson's convictions as within the acceptable range. But some of the Court of Appeals' closing comments are noteworthy: "[a]lthough we cannot say that the district court abused its discretion, this court would have preferred to see a sentence of probation. . . . although this court views the record and applicable law to favor probation, we cannot say the district court abused its discretion by ordering 240 days of jail time. . . ." The Court went on to note it's confusion that the "Legislature has chosen to give a presumption of probation for more serious felony offenses, but not for lesser misdemeanor offenses." This appeal, like several others in recent Nebraska appellate history, points toward future legislative change. Perhaps we'll see that change in the coming years. For now, criminal counsel should recognize their chances of winning an excessive sentence appeal in Nebraska are still slim to none. Opinion link: https://lnkd.in/eVzNTzE6 Call me if you want to talk about Nebraska appeals! #appeals #appellate #appellatepractice #NebraskaCourtofAppeals

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Excited to announce that my article, “Corporate Counsel and Contract Review: Don’t Lose Touch with the Human Side of an Organization” has been published by the Tennessee Bar Association as a TBJ Select exclusive. In it, I highlight the importance of a holistic approach to contract review, and the necessity for in-house counsel to understand the operational needs and capabilities of the corporation they serve. Check it out below! #business #contracts #inhousecounsel #corporatecounsel #AESSEAL

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Tune to as my colleagues discuss the recent United States Supreme Court decisions in Loper Bright Enterprises, overruling Chevron, as well as Jarkesy and Corner Post will have a significant impact on how regulated industries will conduct business going forward. #scotus #agencydeference #chevron #loperbright #adminlaw #postchevron #jarksey #cornerpost #compliance #regulatorycompliance #rulemaking #apa

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Civil litigation is a vital tool for resolving disputes over matters like insurance claims, business contracts, consumer rights, or fraud allegations. It provides a formal avenue for asserting your rights or defending against unjust claims within the judicial system, ensuring fair consideration and adjudication of all parties' rights. 🖋️ The complexity of these cases, sometimes involving elements of criminal law, requires skilled legal representation. ⚖️ At Heban, Murphree & Lewandowski, LLC, our experienced team excels in managing a broad spectrum of civil cases in Ohio, from civil fraud and contract disputes to insurance and consumer law issues. 📜 If you’re facing a legal challenge, contact us to leverage our expertise and protect your interests effectively. 📅 https://bit.ly/2GJmt3u

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Over the last few weeks, I've read a flurry of LinkedIn posts about font choices for pleadings and briefs, all inspired by a Seventh Circuit opinion involving a party who used a font from The Twilight Zone.* For Nebraska attorneys, Neb. Ct. R. App. P. § 2-103(A)(4) makes the question of appropriate font choice an easy one: ✅ "Preferred" fonts are Century and Century Schoolbook. ✅ "Other allowed" fonts are Times New Roman, Baskerville Old Face, Book Antigua, and Palatino. Also, because Nebraska courts rely on word counts and not page limits, attorneys can focus on whether a font is readable, without worrying about how the font affects the "length" of a brief. 😄 I've included a PDF illustrating Century Schoolbook and the other allowed fonts below! *The case is AsymaDesign, LLC v. CBL & Assocs. Mgmt., Inc., No. 23-2495 (7th Cir. 2024). The Federal Reporter, 4th citation is not yet available, but the version on Westlaw (at 2024 WL 2813827) includes the Seventh Circuit's passages in the "Twilight Zone" font.

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The Ninth Circuit recently affirmed the dismissal of an Illinois Biometric Information Privacy Act action against Meta, finding that Facebook's “face signature” technology cannot actually identify people and therefore does not run afoul the statute. Read more about it in Ke (Kevin) Liu's article for the ABA Business Law Section's #BusinessLawToday.

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Christopher Larus, Chair of the firm’s National IP and Technology Litigation Group, sat down with Minnesota Lawyer to discuss his complex patent, trade secret, and copyright practice, his journey to becoming a lawyer, and more. Read here: https://lnkd.in/gX_drhvy #TrialLawyer #LegalInsights

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Good news for #KentuckyEmployers - #HB320 goes into effect next month on July 15, 2024 and reduces the statute of limitations from 5 years down to 3 years for employment discrimination and wage claims brought under the Kentucky Civil Rights Act #KCRA and the Kentucky Wage and Hour laws #KRS337. Check out my recent article about the new change in the law. #Kentucky #employmentlaw #wagelaw #employmentdiscrimination

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Michigan's Uniform Power of Attorney Act is now in effect. Partners Rebecca Wrock and Kathleen Cieslik break down the new changes made in an effort to increase accessibility, effectiveness and standardization for Power of Attorney agreements. Read more in our latest advisory. https://lnkd.in/gveyeeHa

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The Nebraska Law Review is publishing my new article, "The Unsettled State of Corporate General Personal Jurisdiction." Here is a link to it: https://lnkd.in/gG2xwCBv.

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Exciting news! Thompson Coburn is making waves with strong growth, as highlighted in The American Lawyer's recent financial report. Learn more about Thompson Coburn's achievements in the full article.

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