Focus on the Law: Mental Health Commitments

By Sharon Frankenberg, Attorney at Law “Commitment” is the common term used to describe the group of procedures for detaining or admitting someone who is mentally ill in Tennessee.  There are four basic procedures and they are covered in Tennessee Code, Title 33.  In summary, these procedures are as follows: Voluntary Admission.  A person may […]

Focus on the Law: Defamation

By Sharon Frankenberg, Attorney at Law Often referred to as “defamation of character,” defamation is the issuance of a false statement about another person which causes that person to suffer harm.   “The essential element of a cause of action for defamation is a false and defamatory statement which caused injury to the plaintiff’s character or […]

Focus on the Law: Depression and Social Security Disability

By Sharon Frankenberg, Attorney at Law According to the National Institute of Health, 9.5% of the U.S. adult population suffers from mood disorders in any given year with 45% of these cases being classified as severe.  A mood disorder refers to a mental disorder “in which the underlying problem primarily affects a person’s emotional state […]

Focus on the Law: Whistleblowing

By Sharon Frankenberg, Attorney at Law According thefreedictionary.com,  a “whistleblower is one who reveals wrongdoing within an organization to the public or to those in positions of authority.”  Insider access and knowledge from employees have been essential tools in uncovering wrongdoing by both private organizations as well as by  government.   Whistleblowers are often witnesses in […]

Focus on the Law: Sexual Harrassment

By Sharon Frankenberg, Attorney at Law Almost five decades ago, Congress passed the Civil Rights Act of 1964.  Title VII of that act prohibits employment discrimination based on race, color, religion, sex and national origin.  Sexual harassment is a form of sex discrimination that violates Title VII.  According to the U.S. Equal Employment Opportunity Commission’s […]

Focus on the Law: Identity Fraud

By Sharon Frankenberg According to the most recent figures from the Bureau of Justice statistics, 11.7 million people were victims of identity theft between 2006 and 2008.  Congress made identity theft a federal crime in 1998 when it passed the Identity Theft and Assumption Deterrence Act.  This act made the Federal Trade Commission (FTC) responsible […]

Focus on the Law: Dealing with Bad Checks: Criminal Court

By Sharon Frankenberg, Attorney at Law As I discussed last week, you can pursue collection of a bad check through civil court or you can sometimes pursue criminal charges.  Keep in mind the circumstances in which you may pursue criminal remedies on a bad check are much more limited than in civil court. The worthless […]

Focus on the Law: Dealing with Bad Checks: Civil Court

By Sharon Frankenberg, Attorney at Law When you receive a bad check it can be a major annoyance.  There are three ways to respond.  One, you can just accept the loss as a karmic lesson.  This is not my usual choice or recommendation. Two, you can attempt to collect your money through civil court.  Or […]

Focus on the Law: Business Associations in Tennessee

By Sharon Frankenberg If you are considering forming a new business, there are many things to consider.  Here are some highlights of the major forms of business associations in Tennessee.  The most familiar to many of us is the sole proprietorship.  This is how most small businesses start out. One person owns the firm and […]

Focus on the Law: Chapter 7 Bankruptcy (Pt2)

By Sharon Frankenberg, Attorney at Law In Chapter 7 bankruptcy, a trustee is selected in each case.  The trustee is often an attorney in private practice but he or she is not required to be an attorney.  The trustee is subject to supervision and auditing by the United States Trustee.  The job of the trustee […]