November, 2017 - Braunfotel and Frendel

Non-consensual pornography will soon be a crime in New York City

Internet sex crimes are becoming common as social media continues to increase in popularity. According to a study by the Cyber Civil Rights Initiative, over 12 percent of United States internet users have been a victim of non-consensual pornography, or revenge porn.""Revenge porn often involves someone disclosing or distributing sexually graphic images or videos of a person without their consent. For those accused of these crimes, a strong criminal defense strategy will be required to avoid serious penalties.While there is currently no federal law against revenge porn, Washington, D.C., and 38 states have laws in place. The state of New York's efforts to enact laws of its own have been stalled, but New York City is taking action.The city council voted that disclosing or threatening to disclose sexual images of [...]

Non-consensual pornography will soon be a crime in New York Cityjames2017-11-30T00:00:00+00:00

Fall protection violations tops 2017 OSHA violations list

New York readers may be interested to learn that fall-related workplace violations topped the list of federal citations issued in 2017, according to a new report by the U.S. Occupational Safety and Health Administration. It is the sixth year in a row that fall violations took the top spot.OSHA reports that there were more than 6,000 fall protection violation citations issued during the 2017 fiscal year. Other top citation categories on the list included hazards communications, scaffolding, respiratory protection and lockout/tagout regulations. While most of the leading citation categories have appeared on previous annual lists, fall protection training violations were a new addition. These citations involved the failure of employers to properly train workers on fall hazards, equipment dangers, fall protection equipment and maintenance.The fall protection training violations were likely [...]

Fall protection violations tops 2017 OSHA violations listjames2017-11-30T00:00:00+00:00

New study shows an increase in organized retail crime

As we gear up for the holiday season, retailers are paying close attention to preventing theft. According to an annual study by the National Retail Federation, organized retail crime (ORC) is on the rise. Any New York resident who is caught taking items from a store without paying for them or engaging in fraudulent returns may be arrested and charged with theft. The specific charges and potential conviction penalties will depend on the value of the items stolen and the circumstances of the incident.Researchers at the National Retail Federation surveyed loss prevention from various types of stores (e.g. department, discount, grocery) and determined that 67 percent of them reported seeing an increase in organized retail crime over the past year. The survey also revealed that 96 percent of the companies [...]

New study shows an increase in organized retail crimejames2017-11-23T00:00:00+00:00

Study finds ADHD medication lowers car crash risk

Attention deficit hyperactivity disorder is common among children, adolescents and young adults; its characteristics include short attention spans, impulsivity and hyperactive behavior such as excessive talking and fidgeting. When people with ADHD get behind the wheel, they might endanger others because of their tendency to drive distracted. Residents of New York should know that a study has been published in JAMA Psychiatry showing what the risks are and how they might be alleviated.Analyzing the health insurance claims for 2005 through 2014, researchers identified over 2.3 million Americans 18 and over with ADHD. More than 1.9 million of them received a prescription for ADHD medication at one time or another.Researchers then tallied the number of times these drivers went to the emergency room after a car accident. After comparing the number [...]

Study finds ADHD medication lowers car crash riskjames2017-11-21T00:00:00+00:00

How do courts determine sentencing for theft convictions?

Facing theft charges is intimidating, especially if one does not know the potential penalties. Courts will consider many different factors when determining the sentence.For theft criminal charges, the first thing courts will consider is the type and value of the stolen property. If the property is less than $1,000 in New York, the crime qualifies as a petty theft and classified as a misdemeanor. For more valuable property, the accused may be charged with grand theft, which is a felony. Misdemeanors generally carry lesser fines and prison sentences of less than a year, whereas felonies may lead to hefty fines and longer prison sentences.In addition, courts will consider the alleged offender's criminal history and whether they have ever committed a theft before. A first-time offender will often receive a lighter [...]

How do courts determine sentencing for theft convictions?james2017-11-16T00:00:00+00:00

Skin conditions with similar symptoms can lead to misdiagnoses

New York has plenty of options when it comes to health care providers and skincare specialists. However, the average person may not seek out a dermatologist because they think most skin problems are minor. It's important to remember that many skin disorders are similar in appearance and often confused with each other. A serious disease mistaken for a rash, for example, could lead to lost treatment time or worse.Skin cancer can start with what looks like a blemish. The most common skin cancer in the United States, basal cell carcinoma, can easily be confused with acne. One in five people gets basal cell carcinoma at some point in their lives. A trip to a dermatologist is recommended if a pimple does not go away for several weeks, if it changes [...]

Skin conditions with similar symptoms can lead to misdiagnosesjames2017-11-14T00:00:00+00:00

Third type of diabetes may go overlooked

While many New Yorkers are familiar with two types of diabetes, there is actually a third version of the medical issue. Type 3c diabetes generally occurs after a person has had pancreatic disease or other issues with that part of the body. However, those who have this third type of diabetes may be being misdiagnosed with type 1 or type 2 instead.Those who are misdiagnosed with type 2 diabetes may be given medication designed to treat its symptoms instead. Type 2 diabetes occurs when the body is not able to create enough insulin on its own. Therefore, treating a patient for that condition when it isn't present in the body could result in higher blood sugar. It could also waste time and money treating a condition that he or she [...]

Third type of diabetes may go overlookedjames2017-11-10T00:00:00+00:00

Fetty Wap faces DWI charges after alleged drag racing in New York

Rapper Fetty Wap was recently arrested for drag racing in Brooklyn while under the influence of alcohol. When someone is charged with a DWI, they often face a number of additional charges related to the DWI, which could result in even more serious consequences.The 26-year-old star behind the hit songs Trap Queen" and "My Way" was reportedly driving recklesslyWhen the police pulled him over, they apparently discovered that his driver's license had been suspended. Fetty Wap submitted to a Breathalyzer test, which recorded his blood alcohol level at a .09, barely over the legal limit of .08. Fetty Wap told investigators that he was traveling from one club to the next at the time and that he had a couple of shots of alcohol before driving. The rapper was then [...]

Fetty Wap faces DWI charges after alleged drag racing in New Yorkjames2017-11-09T00:00:00+00:00

CNA study reveals common cause of slip and falls

Researchers from CNA Financial Corporation have reviewed records of slip-and-fall liability claims from 2010 to 2016, finding several common factors in the accidents recorded. Businesses in New York and across the U.S. will want to consider the advice that the researchers gave on how to improve floor safety.CNA concluded that the flooring in 50 percent of surveyed sites did not meet the national standard for dynamic coefficient of friction, or DCOF, levels. This means that half of all floors were not slip-resistant enough. Approximately 40 percent of the accidents took place on walking and working surfaces, especially entry flooring, while 27 percent occurred on sidewalks leading up to the entrance. More than 30 percent of slips and falls happened in parking lots.The majority of claims were leveled against real estate [...]

CNA study reveals common cause of slip and fallsjames2017-11-07T00:00:00+00:00

Opioid and liability claims related to medication

New York patients who have to take medication for their medical condition should know that opioids have been a common factor in liability claims related to medicine. Based on a report released by a medical liability insurer, opioids were involved in 24 percent of medication-related liability claims.Forty-six percent of those claims were related to primary care providers. Operating rooms and emergency departments were featured in 22 percent of the claims. Sixteen percent of the medication-related claims involved anticoagulants.For its report, the medical liability insurer examined over 10,000 resolved medical liability claims that were filed against clients from 2012 to 2016. In a list of the primary causes for liability claims, medication-related claims were ranked fourth, following claims pertaining to diagnoses, surgery and medical management.In the report, providers were given principles [...]

Opioid and liability claims related to medicationjames2017-11-06T00:00:00+00:00

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