Kansas Supreme Court Invites “Clearest Proof” that Offender Registration Punishes Non-Sex Offenders

08/15/2017 11:30:25 AM

Over the past two weeks, the Kansas Supreme Court has issued a slew of opinions addressing challenges to the Kansas Offender Registration Act (“KORA”) under the Ex Post Facto Clause of the United States Constitution—concluding with an ...

Tenth Circuit Says Employers Who Pay Waitstaff More Than Minimum Wage Do Not Have to Share Tips

08/15/2017 11:16:14 AM

The Tenth Circuit Court of Appeals has closed the door on tip claims under a provision of the Fair Labor Standards Act (“FLSA”) and a Department of Labor (“DOL”) regulation for employees paid more than minimum wage. In Marlow v. The ...

HB 2085 Retroactively Amends Waiting Period for DUI Expungement

07/28/2017 10:43:33 AM

Kansas law permits expungement of certain convictions, adjudications, arrest records, and diversion agreements. Once an eligible offense is expunged, a person must be treated as if he has never been arrested for, convicted of, or diverted from ...

The Importance of Juvenile Detention Hearings

07/18/2017 18:28:05 PM

Juveniles who are arrested on felonies and some misdemeanors will be held in custody until they appear before a judge for a detention hearing (within 48 hours of arrest). The result of the hearing can be a huge factor for how stressful a case ...

Chambers USA 2017 Honors Ross Hollander and Michelle Moe Witte For Excellence in Labor / Employment Law Practice

07/10/2017 13:19:20 PM

Ross A. Hollander and Michelle Moe Witte of Joseph, Hollander & Craft LLC have been ranked among the state’s top Labor & Employment lawyers by Chambers USA 2017. This is the ninth consecutive year that one or more firm attorneys have held ...

The Inevitable Disclosure Doctrine Under the DTSA

07/06/2017 13:33:32 PM

The Defend Trade Secrets Act (DTSA) was enacted on May 11, 2016. The DTSA created a private, federal cause of action for trade secret misappropriation. Since its enactment, many have questioned whether common law doctrines, such as the inevitable ...

Briefings YLD Spotlight Natalie Washington

06/29/2017 23:24:22 PM

The post Briefings YLD Spotlight Natalie Washington appeared first on Joseph Hollander & Craft Law Firm. Make sure to check out the pages of our current top searched legal practice areas: DUI, Divorce, Criminal Defense, Litigation. Feel free ...

Boating Under the Influence

06/29/2017 22:55:58 PM

Summer is here, and the DUI defense attorneys at Joseph, Hollander & Craft know that many people will be heading to the lake celebrate the 4th of July holiday. If you are heading to a destination resort or your local lake, be aware that you ...

Expungement of Arrest

06/23/2017 02:51:00 AM

If you have been arrested, convicted or had a criminal charge diverted in the state of Kansas, you may be eligible to have those records sealed. Kansas laws allows the Court to seal criminal arrests, diversion or convictions after the statutory ...

The Importance of Quality Attorney Consultations

06/15/2017 19:11:16 PM

“I Just Want to Get This Over With”: The Importance of Attorney Consultation, Even When You Would Rather Just Move On Way too often we’ve heard people come into our office and say, “I just wanted to get it over with, so I pled guilty.” ...

Criminal Defense Attorney Jess Hoeme Obtains Appellate Reversal of Conviction

06/12/2017 15:02:59 PM

On December 8, 2015, Terra McDaniel was required to report for jury duty in Sedgwick County District Court. Due to emergency circumstances, proper care for her young child was unavailable, and she was unable to report for jury duty on time. ...

Legislative Watch: The Working Families Flexibility Act

06/08/2017 14:57:17 PM

On May 2, 2017, the United States House of Representatives passed H.B. 1180, the Working Families Flexibility Act. The Senate has received the bill for consideration. The bill would amend the Fair Labor Standards Act (FLSA) and authorize private ...

Kansas Law Enforcement to Adopt Policies for Electronically Recording Custodial Interrogations by Summer 2018

06/01/2017 12:21:19 PM

Last week, we blogged about Senate Bill 112’s changes to the Kansas domestic battery statute. But Senate Bill 112, published in the Kansas Register on May 18, 2017, implemented another major change to Kansas law. It requires that all Kansas ...

UPDATE: New Law Addressing Kansas Domestic Violence

05/25/2017 12:55:03 PM

Kansas domestic violence has been the subject of plenty of legal news in the past week. First, the Kansas Legislature significantly amended the domestic battery statute (K.S.A. 21-5414). Senate Bill 112, which was published in the Kansas Register ...

Alcoholic Beverage Licensing

05/15/2017 11:31:36 AM

Restaurants, bars, caterers, liquor retailers, liquor distributors, and liquor manufacturers (including wineries, microbreweries, and microdistilleries) are regulated at the state level by the Kansas Department of Revenue’s Alcoholic Beverage ...

Juvenile Investigations: What to Know About Cops Questioning Your Child

05/10/2017 16:22:53 PM

Parents of children facing investigation or charges under the Kansas juvenile justice code frequently ask us, “Are officers allowed to talk to my child without me present?” The answer is yes. K.S.A. 38-2333 provides a practical limitation ...

Recent Federal Cases Highlight Risks of Employment Decisions Based on Social Media Posts by Employees

05/03/2017 14:27:59 PM

Recent cases out of the Second and Eleventh Circuits highlight the risk employers run when monitoring or evening punishing employees for their social media cites. In both cases the courts found that employers who had terminated employees based ...

Diane L. Bellquist Elected President-Elect of Topeka Bar Association

05/02/2017 12:29:05 PM

TOPEKA, Kan. – Attorney Diane L. Bellquist, of Joseph, Hollander & Craft LLC, is the newly elected President-Elect of the Topeka Bar Association. Bellquist has been a member of the TBA Board of Directors since 2011, most recently serving as ...

How Out-of-State DUI Convictions Affect Kansas DUI Penalties

04/27/2017 21:53:04 PM

Our clients frequently ask what consequences a prior out-of-state conviction will have for a DUI case in Kansas. Whether you were visiting Kansas from another state or recently moved to Kansas, your prior DUI record will follow you and could ...

Wicklander-Zulawski & Associates Announces End Of Teaching Reid Interrogation Technique

04/05/2017 09:13:13 AM

Last month, The Marshall Project reported that Wicklander-Zulawski & Associates, a consulting group that says it has worked with a majority of U.S. police departments, announced it would stop teaching the Reid interrogation technique. Even those ...

Title VII: Does it Prohibit Sexual Orientation Discrimination?

04/04/2017 14:36:05 PM

On March 10, 2017, in Evans v. Georgia Regional Hospital, the 11th Circuit Court of Appeals held that sexual orientation discrimination is not actionable under Title VII. The 11th Circuit joined nine other federal circuit courts to deny such ...

Juvenile Justice Reform: Practical Implications of Senate Bills 367 and 42

03/30/2017 13:44:07 PM

On January 1, 2017, the juvenile offender law in Kansas was amended substantially, and more changes are on the way. Senate Bill 367 and Senate Bill 42 are where to look for these changes. Portions of SB 367 became law on January 1, 2017, and ...

Legal Considerations in the Practice of Telemedicine

03/28/2017 09:19:20 AM

The development of technology has facilitated providing health care to patients through the use of electronic communication. In some circumstances, physicians can see and treat patients via video conference applications on computers and mobile ...

Juvenile Criminal Defense Process

03/15/2017 21:43:28 PM

Joseph, Hollander & Craft’s criminal defense attorneys regularly represent juveniles charged with violations of the Juvenile Justice Code. These proceedings can be every bit as overwhelming as adult prosecutions. Next to having an experienced ...

New Push for Medical Marijuana Legalization in Kansas

03/07/2017 09:59:37 AM

In February, Senator David Haley introduced a medical marijuana bill in the Kansas Senate. Senate Bill 155, the cannabis compassion and care act, would create a distinction in Kansas state law between medical and non-medical marijuana. If this ...

EEOC Issues Guidance on National Origin Discrimination

03/01/2017 07:54:15 AM

In November 2016, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC characterizes national origin ...

Parenting Time for Military Personnel During Divorce

02/27/2017 11:34:47 AM

Serving in the military is not a nine to five. The nature of the work requires military families to be flexible. This same is true with deciding on parenting time for service members during a divorce or paternity action. Parenting time is e ...

Johnson County Veterans Treatment Court Offers Options for Military Men and Women Facing Criminal Charges

02/22/2017 19:22:47 PM

On February 15, 2017, the Johnson County Veterans Treatment Court honored its first graduate from the program. The Johnson County Veterans Treatment Court was launched in January 2016. It is the first program of its type in Kansas. This specialty ...

Alcohol, Drugs and Impaired Provider Programs

02/22/2017 11:39:23 AM

By Diane L. Bellquist, J.D. When you hear the term “impaired provider,” you may think of the doctor who practices under the influence or who has hit rock bottom to the point he or she can no longer function to hold the practice together.You ...

Ignition Interlock Reports Subject to Challenge in Probation Violation Hearings

02/16/2017 13:01:52 PM

In 2006, Kansas enacted legislation requiring the use of ignition interlock devices by some DUI offenders. The device is a breathalyzer installed in the ignition part of a motor vehicle. The driver must provide a breath sample for the device ...

United States House of Representatives Unanimously Passes Email Privacy Act

02/09/2017 03:01:51 AM

On February 6, 2017, the United States House of Representatives unanimously passed the Email Privacy Act (H.R. 387). According to the Electronic Frontier Foundation, one of several advocacy groups that pushed for this legislation, “H.R. 387 ...

Driving Under The Influence of Marijuana & Other Drugs in Kansas, DUI Facts You Should Know!

02/03/2017 22:45:40 PM

The legalization of marijuana by some states has started a national debate about driving under the influence of marijuana. Kansas doesn’t have a separate law regarding driving under the influence of marijuana, as opposed to driving under the ...

The DTSA Creates a Federal Civil Cause of Action for Trade Secret Misappropriation

02/01/2017 20:31:59 PM

Employers are now armed with an avenue to pursue a federal civil suit for misappropriation of trade secrets. The Defend Trade Secrets Act of 2016 (“DTSA”) was enacted in May 2016 and creates a private civil cause of action for misappropriation ...

A Year in Review: Joseph, Hollander & Craft 2016

01/28/2017 02:27:54 AM

Welcome to the inaugural edition of the Joseph, Hollander & Craft News & Review. Our firm has enjoyed an exceptional year of growth, expanding both geographically and with the addition of new attorneys and staff. It’s been a tremendously exciting ...

A Year in Review: Joseph, Hollander & Craft 2016

01/28/2017 02:27:54 AM

Welcome to the inaugural edition of the Joseph, Hollander & Craft News & Review. Our firm has enjoyed an exceptional year of growth, expanding both geographically and with the addition of new attorneys and staff. It’s been a tremendously exciting ...

Joseph, Hollander & Craft Adds Fourth Law Office Through Merger With Overland Park Firm Erickson Scherff

01/27/2017 21:54:00 PM

Joseph, Hollander & Craft LLC,— one of Kansas’s fastest-growing law firms — has expanded its footprint in the Kansas City metro area by merging with Overland Park criminal defense firm Erickson Scherff, LLC. With the addition of lawyers ...

Joseph, Hollander & Craft Adds Fourth Law Office Through Merger With Overland Park Firm Erickson Scherff

01/27/2017 21:54:00 PM

Joseph, Hollander & Craft LLC,— one of Kansas’s fastest-growing law firms — has expanded its footprint in the Kansas City metro area by merging with Overland Park criminal defense firm Erickson Scherff, LLC. With the addition of lawyers ...

JOSEPH, HOLLANDER & CRAFT ELECTS JESS HOEME AS MEMBER OF THE FIRM

01/17/2017 13:22:45 PM

Joseph, Hollander & Craft LLC has elected Jess Hoeme as a Member of the firm. Hoeme, a former Mitchell County Attorney and Shawnee County Assistant District Attorney, joined the firm in 2011 as a criminal defense attorney. Hoeme knows Kansas ...

Joseph, Hollander & Craft Elects Jess Hoeme as Member of the Firm

01/17/2017 13:22:45 PM

Joseph, Hollander & Craft LLC has elected Jess Hoeme as a Member of the firm. Hoeme, a former Mitchell County Attorney and Shawnee County Assistant District Attorney, joined the firm in 2011 as a criminal defense attorney. Hoeme knows Kansas ...

Tenth Circuit Enforces Civil Penalties Against Employer for IRCA Violation

01/03/2017 12:30:41 PM

Tenth Circuit Enforces Civil Penalties Against Employer for IRCA Violation In Split Rail Fence Co. v. United States, the Tenth Circuit affirmed an administrative law judge’s (“ALJ”) summary decision, which imposed civil penalties on Split ...

Tenth Circuit Enforces Civil Penalties Against Employer for IRCA Violation

01/03/2017 12:30:41 PM

Tenth Circuit Enforces Civil Penalties Against Employer for IRCA Violation In Split Rail Fence Co. v. United States, the Tenth Circuit affirmed an administrative law judge’s (“ALJ”) summary decision, which imposed civil penalties on Split ...

Alex Gilmore Joins Joseph Hollander & Craft Law Firm

12/12/2016 12:26:00 PM

TOPEKA, Kan. – Attorney Alex Gilmore has joined the Topeka office of Joseph, Hollander & Craft LLC. His practice focuses primarily on administrative law with an emphasis on professional licensure. Gilmore, a 2016 graduate of the University ...

Alex Gilmore Joins Joseph Hollander & Craft Law Firm

12/12/2016 12:26:00 PM

TOPEKA, Kan. – Attorney Alex Gilmore has joined the Topeka office of Joseph, Hollander & Craft LLC. His practice focuses primarily on administrative law with an emphasis on professional licensure. Gilmore, a 2016 graduate of the University ...

FLSA Final Overtime Rule Held Up by Injunction in Texas Federal Court

12/02/2016 10:27:15 AM

Employers have been gearing up for the Department of Labor’s Final Rule regarding overtime and the minimum salary cap for white-collar workers. The Final Rule was supposed to go into effect on December 1, 2016, and would have raised the annual ...

Wichita & Topeka Offices Earn Best Law Firms 2017 Metropolitan Tier 1 Rankings

11/29/2016 20:26:23 PM

JOSEPH, HOLLANDER & CRAFT EARNS SEVEN “BEST LAW FIRMS” TIER 1 RANKINGS U.S. News & World Report and Best Lawyers in America has announced the Wichita and Topeka offices of Joseph, Hollander & Craft have earned a combined seven “Best Law ...

Election Day Looks At Marijuana Legalization In Several States

11/08/2016 11:18:54 AM

In many states, today’s election might be just as much about marijuana as it is about the next president. Eight states have some sort of marijuana initiative on the ballot. Voters in Arkansas, Florida, and North Dakota are deciding whether ...

Seven Joseph Hollander & Craft Attorneys Honored By Super Lawyers

11/03/2016 20:34:52 PM

Seven attorneys from Joseph, Hollander & Craft LLC have been honored by Missouri & Kansas Super Lawyers 2016, including three named to the “Rising Stars” list. Fewer than 5 percent of all attorneys are selected as Super Lawyers. Those named ...

Employment Law Newsletter October 2016: Employment Practices Liability Insurance & Why Employers Need It

11/01/2016 08:29:27 AM

When thinking about employment-related lawsuits, employers should be thinking when – not if. Employment claims can be filed against big corporations and small businesses alike. Defense costs against a lawsuit or EEOC claim can get expensive ...

United States VS Alexander Blair Sentencing

10/18/2016 14:37:59 PM

On April 10, 2015, Alexander Blair, the Defendant in United States v. Blair, D. Kan. Case No. 15-CR-40031, was charged with Misprision of a Felony (a violation of 18 U.S.C. § 4). The Complaint charging Misprision of a Felony alleged that Mr. ...

Kansas Reduces Marijuana Penalties

10/17/2016 16:33:47 PM

By reducing offense classifications for simple possession offenses, the Kansas Legislature recently reduced the penalties for certain marijuana crimes. Under prior law, a first offense for simple possession of marijuana (possession with no intent ...

DUI Checkpoints in Lawrence This Weekend

10/15/2016 10:41:52 AM

The Lawrence Police Department is holding a sobriety checkpoint this weekend. Sobriety checkpoints are constitutional as long as certain guidelines are followed. One requirement is that the organization conducting the checkpoint provides notice ...

Former Graduate Assistant Football Coach Pleads Guilty To Misdemeanors

10/04/2016 20:56:24 PM

Defended by criminal defense attorney Christopher Joseph, former Washburn University graduate assistant football coach originally charged with sexually assaulting a woman pleaded guilty to three misdemeanors Tuesday in Shawnee County District ...

Employment Law Newsletter September 2016 – U.S. House Bills to Watch: The Pay Equity for All Act

10/03/2016 09:48:58 AM

Employers often seek wage history information from job applicants and then use that information to determine an employee’s starting salary. A newly introduced house bill would end this practice and levy penalties against employers who continue ...

Employment Law Newsletter October 2016 – U.S. House Bills to Watch: The Pay Equity for All Act

10/03/2016 09:48:58 AM

Employers often seek wage history information from job applicants and then use that information to determine an employee’s starting salary. A newly introduced house bill would end this practice and levy penalties against employers who continue ...

Is It Illegal To Have Large Amounts Of Cash?

09/21/2016 22:17:34 PM

Having large amounts of cash is not illegal, but it can easily lead to trouble. Law enforcement officers can seize the cash and try to keep it by filing a forfeiture action, claiming that the cash is proceeds of illegal activity. And criminal ...

Julia A. Craft Honored Among Nation’s Top 40 Family Law Attorneys

09/19/2016 10:33:13 AM

Julia A. Craft Honored Among Nation’s Top 40 Family Law Attorneys in Inaugural Edition of The National Law Journal’s Divorce, Trusts & Estates Trailblazers The National Law Journal’s inaugural issue of Divorce, Trusts & Estates Trailblazers ...

Joseph, Hollander & Craft Adds Fourth Law Office Through Merger With Overland Park Law Firm Erickson Scherff

09/12/2016 09:42:54 AM

Alli M. Jacoby, J.D., M.B.A. Chief Operating Officer Joseph, Hollander & Craft LLC 1508 SW Topeka Blvd. Topeka, KS 66612 (785) 234-3272 Joseph, Hollander & Craft LLC, — one of Kansas’ fastest-growing law firms – has expanded its footprint ...

Federal Judge Delays Terrorism Case Alexander Blair’s Sentencing Again

09/08/2016 17:05:30 PM

Original Post by Justin Wingerter with CJOnline Fifteen days after granting himself more time to consider the decision, U.S. District Court Judge Daniel Crabtree told Alexander Blair on Thursday afternoon he still is not prepared to sentence ...

Terrorism Case Considers Whether Mental Illness Should be a Mitigating Factor at Sentencing

09/07/2016 20:56:35 PM

Federal judge will decide whether a man with disabilities should go to prison Originally posted by Nicole Hong with WSJ A federal judge in Kansas is set to decide whether a man with developmental disabilities should go to prison for lending ...

Employment Law Newsletter September 2016 – Political Speech at Work: Can Employers Regulate It?

09/01/2016 11:58:48 AM

The 2016 Presidential Election has resulted in some of the most polarizing political rhetoric from both Democrats and Republicans in recent history. And thanks to constant coverage by news outlets and social media, employees are constantly plugged ...

Natalie M. Teemer Washington Joins Joseph, Hollander & Craft Family Law Division

08/25/2016 10:37:37 AM

For Immediate Release: TOPEKA, Kan. – Natalie M. Teemer Washington has joined the Family Law Division of Joseph, Hollander & Craft LLC. Her practice area includes divorce, child custody, paternity, child support and juvenile law. Teemer Washington ...

Alexander Blair Sentencing Delayed As Federal Judge Daniel Crabtree Weighs His Options

08/25/2016 10:30:40 AM

Perplexed after hours of testimony and debate, a federal judge declined to sentence Alexander Blair on Wednesday, delaying the sentencing for weeks as he ponders his decision. “This is one of the most unique, nuanced decisions you have ever ...

Best Lawyers In America Honors Five Joseph Hollander & Craft Attorneys

08/15/2016 14:18:32 PM

Five attorneys from Joseph, Hollander & Craft LLC have been named among the country’s most highly regarded by Best Lawyers in America – 2017. In addition, three of these attorneys were designated as the “Lawyer of the Year” in their ...

Employment Law Newsletter August 2016

08/02/2016 10:29:53 AM

Preventing Future Headaches: The Importance of Written Job Descriptions Employers often underestimate the power of a well-written job description. Whether because their business is expanding too quickly or frankly, they have not thought about ...