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Monday, December 17, 2012

A Letter to Congress

Dear Members of Congress,

I cannot understand why unemployment is so much higher among Black Americans than it is among White Americans. A recent article in the Washington Post highlights this problem and I encourage you to both read the article and work towards a solution -- namely, cutting green card numbers in half as recommended by the Barbara Jordan Commission.
In his December 13 column "The overlooked plight of young black males," Michael Gerson wrote that African Americans did not benefit from the jobs boom in the 1990s the way non-blacks did. Barbara Jordan and her bipartisan commission on immigration reform must have been conscious of this when they recommended reductions in immigration during the Clinton administration.
The U.S. added an average of 977,540 permanent immigrant workers per year during the 1990s. These new workers gave employers an alternative to recruiting black workers.
The percentage of Blacks in the middle class grew from 22 percent in 1940 to 71 percent in 1970 when immigration averaged only 181,725 per year. These gains were largely undercut when Congress started quadrupling immigration numbers in the 1970s.
Congress should revisit the Jordan Commission recommendations to immediately reduce immigration and open up opportunities for African Americans.
M. Joseph Miller II

Sunday, November 25, 2012

Documentary says serial killer involved in Simpson case

A criminal profiler says paintings by convicted killer Glen Rogers suggest he was involved in the 1994 murders of O.J. Simpson's ex-wife Nicole Brown Simpson and her friend Ronald Goldman.
TAMPA, Fla. — A documentary about an inmate on Florida's death row says the convicted killer might have been involved in the murder of O.J. Simpson's ex-wife and her friend.
The Investigation Discovery show, "My Brother the Serial Killer," will air Wednesday.
The film is a look at Glen Rogers, who was convicted by a Florida jury in 1997 for killing a woman. Rogers was also convicted of murder in California and is a suspect in homicides in several other states.
Rogers met Nicole Brown Simpson in 1994 when he was living in Southern California, his family says in the documentary.
A criminal profiler in the film says he received paintings by Rogers with clues possibly linking him to the murders of Simpson's ex-wife and her friend, Ronald Goldman.
Simpson was accused in those killings but the so-called "trial of the century" in Los Angeles ended with his acquittal in 1995.
Simpson never testified at the criminal trial, but memorably demonstrated in court that a glove found near the slaying scene did not fit his hand. He testified at length in a wrongful death trial that led a Los Angeles civil court jury in 1997 to find him liable for damages in the case.
Much of the film is narrated by Rogers' brother, Clay Rogers, who used to rob homes with Glen as a teen but called police on his brother in 1993 after finding a body at the family's Kentucky cabin.
Clay Rogers said that in 1994, his brother told him about meeting Nicole Brown Simpson.
"They've got money, they're well off and I'm taking her down," Clay Rogers recalls Glen Rogers saying.
Other family members also said Glen Rogers talked about meeting Simpson's ex-wife.
In a statement, Goldman's sister criticized the new documentary.
"I am appalled at the level of irresponsibility demonstrated by the network and the producers of this so-called documentary," Kim Goldman said. "This is the first time we are hearing about this story, and considering that their 'main character,' Glen Rogers, confessed to stabbing my brother and Nicole to death, you would think we would be in the loop."
Simpson is currently serving a prison sentence in Nevada after being convicted in 2008 of leading five men, including two with guns, in a September 2007 confrontation with two sports memorabilia dealers and a middleman at a Las Vegas casino-hotel.

Friday, November 23, 2012

Happy Thanksgiving!

Thanksgiving! Now that the day is officially over and the shopping is really getting into full gear…what should we really be thankful for? As Americans, regardless of our differences in race, religion and politics, we should be thankful for the fact that we are indeed AMERICAN!

Regardless of what you may be thankful for I’m thankful, (contrary) to popular belief for some very simple things….Mom, Dad, Brothers, Sister, Uncles, Aunts, Great Uncles, Great Aunts, and nephews, the fact that no matter if I was able to visit them all, they are all safe and alive and healthy!

Most of all, of all the things I am thankful for the most are my family, I mean my immediate family the family that I really worry about…the family that stands by me through thick and thin, through hardships and happy times, through uncertainty and most of all through all the minutes, days, weeks, months and in some cases years of being apart. THE WOMAN that stands by my side whether near, but mostly (unfortunately) from afar NO MATTER what…for the fact that they love me, that she loves me and that the little one loves a father that she has yet to be able to hug. FOR THIS I AM THANKFUL, for this I continue to work to be together for the rest of my life!

You all know who you are and you’re all in my heart no matter what it may seems at times and no matter how busy I may be!

With love, forever….
Your, Son, Brother, Uncle, Husband and father.

- M. Joseph Miller II. 

Tuesday, November 20, 2012

Wednesday, November 14, 2012


President Obama:
I was very disappointed, and frankly, angered, by your press conference where you said you plan to push an illegal-alien amnesty through Congress early next year.
With all the problems this country has, I can't believe this is how you want to start!
People who broke our laws by coming here should not be rewarded by allowing them to keep jobs they have no right to.
More than 20 million Americans cannot find full-time jobs. These are the people who we should be helping.
You were re-elected to help the American people. An amnesty will harm millions. Please re-think this. I oppose amnesty.
M Joseph Miller II..

Monday, September 17, 2012

I'm Just Saying...

If the election were held today, who would you vote for?
Barack Obama - Joe Biden
Mitt Romney - Paul Ryan
Are you more likely to vote for Mitt Romney because Paul Ryan is his VP?
More Likely
Less Likely
Doesn't change my opinion of Romney
To close the federal deficit, Congress and the President should
Raise taxes
Cut spending
Cut taxes and cut spending
Raise taxes and increase spending
Describe yourself as an investor:
I have a net worth of $1 million or more (excluding the value of my primary residence)
I have a net worth of less than $1 million
Describe your income status:
I have made income in excess of $200,000 in the past two years (or $300,000 jointly with a spouse) and expect to make this amount or more in coming years
I make less than $200,000 a year

Read more on SurveyResults
Important: Do You Support Pres. Obama's Re-Election? Vote Here Now!

Wednesday, July 25, 2012

If the election were held today.....

Barack Obama
Mitt Romney
35,189 (3%)
Which party should run Congress?
Who is mostly to blame for our current economic problems?
Barack Obama
George W. Bush
To close the federal deficit, Congress and the President should
Raise taxes
Cut spending
Cut taxes and cut spending
Raise taxes and increase spending
73,278 (6%)
Do you favor significant cuts to Medicare?
Yes, cut Medicare significantly
No, don't cut Medicare significantly


Wednesday, July 4, 2012

Happy Independence Day!

Ten Independence Day Items of Trivia About The Bald Eagle:

1.) Benjamin Franklin, John Adams and Thomas Jefferson served on the committee that picked the eagle for the national seal [Franklin wanted the turkey].

         2.) Bald eagles have few natural enemies and live only in North America.
3.) Bald eagles get their white head and tail feathers about 4/5 years of age.
4.) Bald eagles are not, and never were bald. The term comes from when "bald" meant "white-headed".
5.) Their maximum speed: 40 mph or over 100 mph while in a dive.
6.) They can lift roughly half their body weight.
7.) The Bald Eagle is no longer considered endangered, and now only threatened.
8.) The only other kind of eagle in North America is the golden eagle.
9.) Bald eagles mate for life, but if one dies, the survivor will accept a new mate.
10.) It is a felony to shoot an eagle.

Monday, July 2, 2012

Asia finally, the third and final Installation of my series on International Service of Process!

Service Taiwan pursuant to letter rogatory:

Not all foreign countries are signatory to the Hague Convention. Service of process in Taiwan, for example, presents a completely different set of issues. In the absence of any treaty, service in Taiwan is governed by US rules and Taiwanese law. US rules must be met in order to commence the action in US court. At the same time, Taiwan rules should be strictly observed: Taiwan has indicated that it will not enforce any ensuing US judgment if service of the underlying action was not effected through its courts. In other words, it is possible to arrange for service by private agent in Taiwan pursuant to US rules only, but if the case is won, and a US money judgment is awarded, the judgment will be unenforceable in Taiwan because the original service is deficient under Taiwanese law.

The US company may well have litigated its case for nothing. How does a US company avoid this type of issue? It must seek issuance of an international judicial assistance request, or letter rogatory, and transmit it through diplomatic channels. A letter rogatory is a formal request from a US court seeking judicial assistance from a foreign court. US attorneys draft the letter rogatory, and then apply to the US court for its issuance. In the letter rogatory, the US court asks a foreign court to arrange for service on its behalf through a foreign judicial officer on the basis of reciprocity and international comity. Once issued, the letter rogatory is transmitted to the US State Department which sends it by diplomatic pouch (for a hefty transmission fee of $2,275) to the US embassy in-country, which presents it to the foreign government which in turn, assigns it to one of its courts for execution.

The entire letter rogatory, including the court papers, must be accompanied by a certified translation in the language of the destination state. Once executed, the letter rogatory is returned to the US through the same chain of authorities. To make matters more complex, the United States has no diplomatic relations with Taiwan, does not recognize its existence, and maintains no embassy there. Indeed, US courts are prohibited from sending letters rogatory which refer to Taiwan as “the Republic of China.” Instead, the US maintains a “cultural center” (The American Institute in Taiwan), to handle its local affairs, including the transmission of letters rogatory. Currently, it takes between five and seven months to perfect service in Taiwan by letter rogatory. Again, it is difficult to expedite this process. Because international service is expensive, time-consuming and fraught with unexpected problems, it behooves US plaintiffs to do their homework in advance. It is always best to effect service by the most conservative means possible (generally through the foreign court system and its judicial officers): to do it once, to do it properly, and to give your attorneys the time they need to secure jurisdiction over the defendant.

Accordingly, as a US company, you should always consult with a qualified attorney and process server with international litigation experience to obtain the best advice on how to proceed. Now with all that having been said....your all the better to litigate that international matter...IF YOU DARE!

Monday, June 25, 2012

America's High Court Defends Americans! FINALLY!

[I disagree that the section that would have made it illegal for...(Illegal) immigrants to seek work in the USA was not upheld. I've traveled the world and lived in several other countries and I could not work in neither of them without first getting the appropriate permit or certificate, in some countries I had to keep a temporary resident permit on file with the local police department to even live there. People, I've said it again and again If I rob a bank and don't get caught until years later...doe it mean that I can keep the money and not be prosecuted for a crime; likewise, if I go on vacation or get deployed to fight for our country as I have in the past, come back to find someone living in my house...does it mean that since they were not discovered attempting to break in my home and arrested then that they get to continue living there and I have to support them? NO, this is not what happens, yet this is exactly what any Amnesty programs would amount to. This is the first time I recall being disappointed in Justice Thomas.] - M. Joseph Miller II.

The Supreme Court upheld a key part of Arizona's tough anti-illegal immigration law in a 5-3 decision on Monday

that allows police officers to ask about immigration status during stops. That part of the law, which never went into effect because of court challenges, will now immediately be enforced in Arizona. Other parts of the law, including a provision that made it a state crime for illegal immigrants to seek work, will remain blocked. Justice Anthony Kennedy, the court's swing vote, wrote the opinion, and was joined by Chief Justice John Roberts, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. Conservative Justices Antonin Scalia, Samuel Alito and Clarence Thomas partially dissented, saying the entire law should have been upheld.

The Obama administration sued to block Arizona's law, called SB1070, shortly after it passed two years ago, saying it interfered with federal authority over immigration. The law made it a state crime for illegal immigrants to seek work or fail to carry proper immigration papers. It also requires police officers to check immigration status and make warrantless arrests for immigration crimes in some cases. A federal judge enjoined those aspects of the law before they were ever put into effect, but the law became a lightning rod around the country, sparking boycotts and counter-boycotts and opening up a debate about the nation's illegal immigrant population.

In oral arguments in April, many of the justices seemed deeply skeptical of the government's argument that it would interfere with its authority over immigration law if local police officers asked people about their immigration status during stops. Though much of the debate around the law has focused on "racial profiling"--whether Hispanic people would be stopped and questioned by police based on their ethnicity--the government did not even mention those words in their case against the law, instead focusing on the federal government's supremacy in immigration matters. Justices repeatedly criticized the government's argument against immigration checks. Even Sonia Sotomayor, part of the court's liberal wing, said she was "terribly confused" by the government's argument against the checks.

But the liberal justices showed much more hesitation over the parts of the law that made federal immigration crimes into state crimes, which have all now been struck down. Sotomayor singled out the state law against illegal immigrants seeking work, noting that Congress had explicitly rejected a similar law in their immigration legislation, instead choosing to target employers who hire unauthorized workers.

Five states followed Arizona's lead and passed similar laws last year, while similar bills failed in more than two dozen other state legislatures. The decision suggests that any state laws that make federal immigration offenses into state crimes will not stand. But it remains to be seen if the outcome will encourage more states to pass laws that make local police officers check immigration status. The law also became an issue in the presidential race, with Mitt Romney bringing on the law's author Kris Kobach as an immigration adviser, and embracing the law's purpose, "self deportation," as his immigration enforcement strategy.

In Arizona v. U.S., Justice Elena Kagan recused herself because she was solicitor general when the Obama administration filed suit against the law. If the court had split 4-4, the 9th U.S. Circuit Court of Appeals' decision blocking the four major provisions of the law would have stood.

- Reposted in its entirety from Yahoo News

Thursday, June 21, 2012

IT'S SMOKIN !!!!!!!!!

I know my avid readers are thinking this is yet another one of my articles on one of my favorite pastimes, the art of the smoke (not over exerting oneself for my military readers, or Cigars for my club chair folks) but in this issue, I'm introducing you to something we all love to do and that's save money... so here goes! You'd be better off with rather than a fat Macanudo or PADRON anyway. But if your smart, you'll take those savings from and buy you a great smoke. So here's to the BIG SMOKE!


For Immediate Release

Date: May 9th 2012

Location: Henderson, Nevada

Contact: Deborah Pirrone

Phone: 1 (702) 953-0268 or Cell 1 (702) 592-9165

Web Address:

Henderson, Nevada - May 9th 2012 America was built by innovative small businesses with big ideas. A new site called recognizes the need to help boost small businesses across the United States. That's why its Web site launch on May 9th 2012 is so important for any consumer that's seeking Red Hot Deals as well as small and large business owners who need a profitable venue to promote their merchandise.

The site's founder and CEO, Deborah Pirrone, emphasizes that her site is completely different from many online shopping deal sites. She states, "What sets us apart from other sites is that we cater to small and home based businesses as well as larger businesses that are struggling in this economy. Any business can offer many items or just a few for sale on our Web site; we won't ever drop smaller clients for national clients. Instead, we provide a venue for any size business to reach millions of potential customers with their hot deals."

Pirrone founded the site based on more than 10 years experience as a business consultant as well as her passion for businesses in the United States. She specializes in helping businesses launch and succeed, but also aids those that need to go out of business so they can receive top dollar for their remaining merchandise. Pirrone states, "I feel saddened when driving by strip malls because so many of them have only a few businesses still in operation. It just makes me want to help businesses even more. That is my passion in life!"

Last year Pirrone started a trade show venue called Community and Commerce to rejoin consumers with small businesses at prices everyone can afford. This has enabled her to help a lot of local businesses. Now she's taking this concept a step further with Community and E-commerce through her website. With low commissions, a straight-forward online selling platform and personalized help, business owners will have a place to turn to every time they need to boost sales or get rid of overstocked products.

How does the site work? It's a unique type of "daily deals" website that runs continual special offers called "Fire Sales" as well as Sizzling Deals, Get-away Deals, and more from local businesses. These sales help fuel excitement for Web shoppers because the offers and products are always changing based on the businesses that are being served by the site any given day. Business owners can feature their merchandise for sale in the "Fire Sale" to reach a broad audience of Web shoppers by location, type of product/service, etc. Fire Sales, which are designed to help a business sell off certain merchandise (whether overstock items, going out of business products or other), may last an hour, two hours, or even a day depending on how many products the business needs to sell. Besides the high volume traffic that's expected to the site, businesses can also reach an opt-in subscriber base of more than three million subscribers.

Consumers benefit by finding amazing deals with discounts of up to 90 percent for local restaurants, bars, spas, entertainment venues, health and beauty retailers, electronics retailers, fashion venues, and more. Quality merchants are hand-picked to create a pleasant and safe shopping experience. The site will also feature reviews for local restaurants, hotels, travel, etc. as well as helpful tips for businesses. It's an informational site as well as a product-driven site designed to bring consumers and businesses together with no hassles.

Pirrone says, "Difficult times demand creative solutions; our site reaches out to the community with amazing deals from businesses that make up the fiber of American culture."

About the Founder

As a Retail Business Consultant for more than 10 years, Pirrone has traveled the United States and Canada helping Mom & Pop operations as well as large corporations. She started a design company from the ground up and has taken her designs to where only a very few make it. She has a proven track record for success, with her first TV debut on one of the most popular leading electronics retailers. She has also been featured in The Vegas Guide, What's On, Nevada Women's Magazine and Readers Digest, just to mention a few.

Business owners and consumers may learn more about the site and how it works by visiting the Web address below:

For an interview or more information, please contact Deborah Pirrone by phone at 1 (702) 953-0268 or Cell 1 (702) 592-9165 or by email:

Sunday, June 17, 2012

"Oh you fancy, huh?...."Press Release

LAS VEGAS, NEVADA, USA June 12, 2012 /Press Release/ --

The leading Business and Legal Services office will provide various services in North America, Europe, or anywhere across Asia.

Introducing M & A Legal-Management’s website.

About M & A Legal – Management (M & A)

M&A Legal - Management is a business management and investment-holding corporation with interests in a number of companies including: English Elite Club Model & Talent Agency, EEC Couture, Women's Couture Boutiques, UBEC English Training Centers and At Your Service Maids. Our founder is also involved in local and regional philanthropy and is the founder of the Clark County Youth Law Association and the Clark County Bar Associations "Trial By Peers" Program and has sat on the boards of various charitable organizations such as The Jeffrey Foundation. M & A Legal-Management is based on the belief that our communities and clients' needs are of the utmost importance. Our entire team is committed to meeting those needs. As a result, a high percentage of our business is from repeat clients and referrals. We would welcome the opportunity to earn your trust and deliver you the best service in the industry.

For more information on M & A Legal-Management please visit, comment, or contact M. Joseph Miller II.

Thursday, June 14, 2012

15th Annual Shanghai International Film Festival to be Held June 16-24

15th Shanghai International Film Festival to be Held June 16-24

The 15th Shanghai International Film Festival, in which 1643 films from 106 countries and districts will compete for the “Golden Goblet" Awards, will be held June 16-24. The president of this year's jury will be world-renowned French director Jean-Jacques Annaud (The Bear, Seven Years in Tibet, Enemies at the Gates). There will be a high number of films having their world or Asia premieres this year, with over 28 cinemas in Shanghai set to participate.

Jean Jacques Annaud
as Chairperson of the Golden Goblet Award
Jean Jacques Annaud, influential Director, Playwright, Producer, and winner of the Academy Award for Best Foreign Language Film, has been named the Chairperson of the jury that will hand out the Golden Goblet Award at the 15th Shanghai International Film Festival scheduled to run from June 16 to 24.

As the only Category A International Film Festival in China, SIFF has enjoyed rapid development in recent years, and has attracted a batch of prominent film makers to be international judges including Luc Besson, Danny Boyle, Barry Levinson, Karwai Wong (Wang Jiawei), John Woo (Wu Yusen), and Kaige Chen (Chen Kaige). With these highly reputable and influential film makers acting as the chairperson of the panel of judges, SIFF has has gained recognition both at home and abroad in the film industry. 

Jean Jacques Annaud is one of the most respected directors in the international film industry with his works winner the César Awards. In 1976, his first film, La Victoire en chantant, won him the Academy Award for Best Foreign Language Film. Among all his works, L'amant, a film set in Vietnam, is the most popular among the Chinese. In it, he surprised the international film circle by casting a Hong Kong actor Tony Leung (Liang Jiahui) and a 15-year-old Jane March in the major roles. Some other important works by Jean Jacques Annaud include César Awards for the Best Feature Film and Best Director for La guerre du feu, Name der Rose staring Sean Connery, and Enemy at the Gates featuring Jude Law.

At the invitation of the SIFF to be the chairperson, he agreed in delight, saying “I feel deeply honored to be the chairperson of the 15th SIFF, and I am aware of the responsibilities. China has been a wonderland for me since my childhood and I got to collecting books, post cards as well as folk music, drama records and classical films about China when I was young. In the coming years, I will stay in China for long, filming a film adapted from the bestseller Wolf Totem by Jiang Rong. I’ll maximize this opportunity to better my knowledge of the rich Chinese traditions and diversified cultures. I’m looking forward to the 15th SIFF in June.”
Together with another six international judges, Jean Jacques Annaud will appear on the Red Carpet of the 15th SIFF on June 16. In addition, his classics will be screened in the “Salute to Masters” Unit.

Sunday, June 10, 2012

They're in India...I'm in Los Angeles, now what? (Part 2 of 3) Series on International Law

In my previous article the focus was on simply the general service of process and I closed with a list of "friendly" states/countries that were signers to the Hague Convention which has guidelines for international service of process, moving in the same direction, I'd like to put you on to some of the particulars

Take, for example, the case of a defendant located in India. In India, service is governed not just by US state or federal rules but also by terms of a judicial assistance treaty (the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters or “Hague Convention”) and Indian law. US courts have consistently held that, where the Hague Convention is in effect, application of that treaty’s provisions is mandatory and that its channels supercede and abrogate inconsistent state and federal rules for service. In short, if your defendant is in a Hague signatory country,Hague rules exclusively dictate how service can be effected. Hague Convention rules, in turn, defer to the laws of the destination state. 

Each signatory nation is asked to file formal declarations and reservations regarding permissible methods of service in its territory. In this regard, India declared that it objected to direct service by diplomat (as provided by Article 8), service by mail (as provided by Article 10(a)) and service by judicial officer (as provided by Article 10(b)). Thus, any attempt by a US attorney to serve by mail or agent in Indian territory – even if provided for under US domestic rules – would result in defective service under both US and Indian law. How then must service be accomplished? The “Requesting Authority” in the United States must file a formal Hague Service Request with a designated “Central Authority” in India (as provided by Article 5) – in this case, the Indian Ministry of Law and Justice. The Indian Central Authority then vets the Service Request to ensure compliance with the treaty and, in turn, refers the court papers to a competent lower court for service. There, a judge instructs a court bailiff to effect service pursuant to the laws of India. Once the papers are served, the lower court returns its local proof to the Indian Central Authority, which annexes it to a Hague Certificate, or international proof of service, along with a duplicate copy of the papers served, and sends the entire file back to the United States.

In India, service takes from four to nine months; it is virtually impossible to expedite execution of a Hague Service Request through the Indian court system. Since most state and federal rules provide that service must be effected within 30 to 120 days, counsel for the plaintiff will need to show diligence in attempting service to the US court and apply for special extensions of time. There are sometimes other issues associated with service in India. Since India is a common law country, the court bailiff generally effects personal service, but occasionally service is effected by insertion in a letterbox, or by posting at an abandoned “registered office” for the defendant. While this may constitute good service under Indian law, anything short of personal service is likely to be problematic from the point of view of US law, since due process rights under the US Constitution dictate that service must be reasonably calculated to give the defendant actual notice. Did the owner of the letterbox in which service was left receive actual notice? 
A second attempt – and another four to nine months – may be needed to cure such service. Likewise, language can add a wrinkle to the process. India is home to several hundred languages. Because English is one of its official languages, a translation of the court papers to be served is rarely required. At the same time, under US notions of due process, plaintiffs have a duty to serve documents upon defendants in a language that the recipient will be likely to understand. For example, if an Indian court bailiff elects to effect sub-service of English language court papers upon a security guard who does not speak English, has service been perfected? 

On that mouthful, and a boring mouthful for some of my readers, we'll get to the answer in my next and final installation to this series on international service of process....until then....

Sunday, June 3, 2012

EEC Model & Talent Agency

BEVERLY HILLS, CALIFORNIA, USA June 3, 2012 /Press Release/ --

The leading model agency will provide promotional staff for fashion shows, photo shoots, motor sports events or a specific promotion in North America, Europe, or anywhere across Asia.

About English Elite Club Model and Talent Agency (EEC) (Asia Division)

EEC-Asia is one of China's leading model agencies. Based in Xiamen, China they work with male and female models, artists and partner agencies around the globe, including London, Los Angeles, Las Vegas New York, Paris, Shanghai, Beijing & Xiamen.

The leading model agency also has a talent division which provides small or large quantities of extras, presenters and actors to the television, commercial and film industry in Xiamen, China, Europe and North America.

EEC represents elite men and woman models. They invest their time and develop their models throughout the models career to provide a service second to none to their clients in Xiamen and across the world.

For more information on the English Elite Club Model and Talent Agency please contact M. Joseph Miller II. or comment.

Sunday, May 27, 2012

That Pesky International Lawsuit! (Series 1 of 3)

International Service of Process 

It is increasingly common for US companies to do business with entities around the globe. For many, international trade is critical to remaining competitive in the US marketplace. But what if something goes wrong with a foreign product? What if a new line of office chairs the company imported from India collapses under its customers? What if the factory machine it purchased in Taiwan injures a company employee on the job? What if subsequent letters to the foreign manufacturer demanding compensation or indemnification go unanswered? The answer is that the US company faces some tough choices, including whether to file a claim or – if the US company is itself being sued – a cross-claim that will bring the foreign manufacturer into US court. How is this done? Once a complaint is filed in the appropriate venue, the US plaintiff is required to notify the foreign defendant that a lawsuit is pending against it. Until this service of process takes place, the action cannot proceed. Domestically, this type of notice is a relatively straightforward matter: a process server, constable or sheriff typically hand-delivers the court papers to an officer of the defendant corporation and swears out an affidavit of service. Internationally, however, who may serve process and how service may be effected is a complex matter, governed by multiple (often conflicting) sets of legal rules. 

In my next edition we'll get into the particulars and some examples, until then, here is a list of states/countries that as of January 2012 have signed the Hague Service Convention.

They include 54 of the 72 Hague Conference on Private International Law member states, plus Antigua and Barbuda, Bahamas, Barbados, Belize, Botswana, Kuwait, Malawi,Pakistan, Saint Vincent and the Grenadines, San Marino, and Seychelles. If you company your doing business with isn't in either of these lands....buyer/seller BEWARE!
  • Albania
  • Antigua
  • Barbuda
  • Argentina 
  • Albania
  • Antigua and Barbuda
  • Argentina
  • Australia
  • Bahamas
  • Barbados
  • Belarus
  • Belgium
  • Bosnia and Herzegovina
  • Belize
  • Botswana
  • Bulgaria
  • Canada
  • China
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Egypt
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • India
  • Ireland
  • Israel
  • Italy
  • Japan
  • Korea
  • Kuwait
  • Latvia
  • Lithuania
  • Luxembourg
  • Macedonia
  • Malawi
  • Malta
  • Montenegro
  • Mexico
  • Monaco
  • Kingdom of the Netherlands
  • Morocco
  • Norway
  • Pakistan
  • Poland
  • Portugal
  • Romania
  • Russian Federation
  • Saint Vincent and the Grenadines
  • San Marino
  • Serbia
  • Seychelles
  • Slovakia
  • Slovenia
  • Spain
  • Sri Lanka
  • Sweden
  • Switzerland
  • Turkey
  • Ukraine
  • United Kingdom of Great Britain and Northern Ireland
  • United States of America
  • Venezuela

Thursday, May 24, 2012

FDE Fashion Week's Huge Success!

FDE Models Lydia and Janelli
Miami, FL - Fashion Designers Expo Week was more than just another Fashion Week. Excitement filled the air as Celebrities, Politicians, Athletes, Socialites, and the Community came together to "Let the Runway Meet the Cause. " Co-founder and CEO of Fashion Designers Expo, Karine Melissa said, "It's more than just another Fashion Week, it's giving the emerging industry a secure platform to bring their dreams to reality all while using the power and glamour of the runway in support of non profit organizations to impact our world." That's exactly what FDE did last week during their Spring event.

FDE's opening night at the luxurious Fontainebleau Miami Beach Hotel was one to remember. Even though the original poolside location was moved due to the unpredictable Miami weather, FDE didn't miss a beat. The elegance of the decor was a perfect fuse of fashion and heart; the heart of the beneficiary for the week, Outside the Huddle Foundation founded by NFL Player Kennard Cox. FDE Week featured the launch of Cox's Foundation. The night hosted by 99Jamz's very own Miss Kimmy, was highlighted by a Proclamation presentation to Cox by the City of South Miami Vice Mayor Josh Leibman. The famous quote that resounded throughout the night was what compelled Dwayne Wade Sr. and other guests to get involved. Cox says, "I'm not just teaching kids how to tackle on the field but how to tackle life." Models dressed in Yasser Faraco couture gowns mingled with the guests celebrating the occasion and enjoying sounds by M2G.

Complimenting FDE's multicultural Fashion Week, Agadir Moroccan Cuisine was the host venue for Thursday night's Live Poetry and dinner. Agadir donated a portion of the proceeds made that evening to the cause. D' Poet hosted the night while guests enjoyed sounds by DJ Bankz and poetry by Enamali and Rebacca Butterfly Vaughns. The night went on into the wee hours of the morning as FDE presented their Signature Model Party at Gryphon Nightclub in Seminole Hard Rock Hotel and Casino sponsored by The Majestic Group and hosted by Jacksonville Jaguars Mike Sims-Walker and Kennard Cox. 

The Main Event on Friday night was the epitome of fashion and philanthropy. Guests had never seen anything like it. From the over-sized gobo projection of FDE and OTH logos on the wall to the extra long white covered runway, FDE set the tone for the evening. Not to mention to beautiful ice sculptures with the FDE and OTH logos finely carved in them. M2G were the guest DJ's of the night and they were fabulous along hostess Aliyah Cherrisse. Designers hit the runway to showcase their masterpieces; Francisco Azucar, Young Fresh Society by Royallayn, J-Rod Designs, Stacy Lawes International, Abnormal Ariginals, Jennafer Ashley, Julia Feng of Julia Sera Fashions managed by M. Joseph Miller II. of M & A Management and Bella Fashions who sponsored clothing along with V74 Boutique for the kids involved in the Outside the Huddle Foundation programs. The evening was highlighted by kid models all bedazzled in green to honor Kennard Cox and Outside the Huddle Foundation. Alizdair Ray also hit the runway as one of FDE's kid models. Alizadair plays a role as an innocent Iraqi boy in All Wars End. The film will begin the rounds at film festivals in July of 2012. You could feel the excitement in the air as everyone "Let the Runway Meet the Cause." To top off the evening was a fabulous performance by Hip Hop Kidz. The audience could no longer stay seated! Music filled the air and everyone was happy to be a part of this amazing event. 

VIP appearances throughout FDE Week included Dwayne Wade Sr., South Miami Vice Mayor Josh Leibman, Miami Dolphins Players Nolan Carroll and Roberto Wallace, Jacksonville Jaguars Mike Sims-Walker, Celebrity Designer Tanya Marie, Tennis Pro Neha Ubeori, Canadian Artist Karian Sang, ANTM British Invasion Annaliese Dayes, 99Jamz Radio Personality Miss Kimmy, and Vice President of Raaw Foods Paul Gregg to mention a few. Guests ended the night at Club Play for the official FDE After Party.

FDE sends a special thanks to everyone who made this event possible. Please visit their website for a complete list of sponsors.

FDE, you did it again! What an amazing Fashion Week with a cause that impacts our communities. Can't wait for the FDE Fall shows on October 15-20, 2012.

See video coverage from the week of events here:

Tuesday, May 22, 2012

Using Social media to Win in Court (Part 3 of 3)

Now that you've been made aware of how helpful social media can be in winning your case, here is how to get the information you need without finding yourself on the receiving end of a counter-suit.

There are strategic considerations to make when requesting the information directly from litigants. The following steps address the key considerations:

1. Determine whether any social networking information is publicly available and gather the publicly available data before making a request directly to the opponent.
2. Consider the best time to make the request.
3. Prevent existing data from being lost or deleted.
4. Get a court order compelling production of the information.

First, Get Publicly Available Content
Depending on each user’s privacy settings, some information is available to any person with an account on the particular website. On Facebook, a user can customize the privacy settings to allow groups of friends to view certain content while restricting the content from other friends. The user can restrict content to a network of users, such as other users who went to their high school or college. Some users make basic profile information publicly available but restrict photos and comments. To find publicly available information on your opponent in litigation, the best  place to start is often by Googling the person’s name. If the party has an uncommon name or an unusual spelling, you will frequently find links to that person’s online profiles. A Google search can provide links to the person’s social networking profiles, blogs the person publishes or to which he contributes, news stories about him or on which he has commented, or countless other websites that either reference that person or that are written by him. It can also be helpful to search for the person’s name in individual websites’ search engines. In Facebook, the majority of users have some basic information such as a name and photo publicly available. Only registered Facebook users can conduct searches using Facebook’s own search engine. When a search is conducted in Facebook, the results are prioritized by the searcher’s own information. Thus, when a registered user in Salt Lake City, Utah who attended the University of Utah searches for a John Doe who also lives in Salt Lake City and attended the University of Utah, that John Doe will be at the top of the search results. Other John Does will show up lower on the list of matches. It is also possible to filter search results by various identifiers such as location, school, or workplace. If your opponent’s social networking data is publicly available, simply save the relevant information as PDF documents. Bookmark the websites and periodically check them for new information.

Strategically Time your Request

Search engines will not conclusively reveal whether a particular individual has an account on the website in question. Some people use aliases and other people have common names that make them difficult to find. If social networking data on your opponent is not publicly available, or if you cannot determine whether the individual has any social networking accounts, you will have to ask for the information from the party. Some attorneys ask whether a party uses any social networking websites in their first set of interrogatories and request copies of the data in their requests for production of documents. The best timing for such requests depends on the nature of the case. In some cases it is better to wait until after taking the party’s deposition to ask about social networking. The party being deposed will then have already detailed his claims and there is a better chance that social networking data can later be used for impeachment purposes.

Make Sure Information is Preserved

Plaintiffs and defendants have a duty to preserve evidence when they learn that the materials are relevant to an investigation or litigation. The requesting attorney should, at the least, remind his opponent of his duty to preserve evidence when he makes a request for social networking data. Consider petitioning the court for a “freeze” order compelling the party to preserve the information. You can also directly contact the websites to request that content a user deletes is preserved by the website.

Get an Order Compelling Production

If your opponent will not voluntarily provide the social networking data requested, move the court for an order compelling the party to produce the requested documents. Motions to compel discovery of social networking content have been successful in several courts.4 These courts have found that there is no expectation of privacy in the posting of Facebook and MySpace information, even when the user limits access to selected online friends.You may consider subpoenaing the information directly from the website in question, but you will likely run into difficulty. Facebook has interpreted the Stored Communications Act, 18 U.S.C. § 2701 et seq., as prohibiting them from disclosing the contents of a user’s Facebook account to any non-governmental entity even pursuant to a valid subpoena or court order. They have had some success defending this position in court. The better approach is to get an order compelling the individual user to produce the information or give authorization for the information to be released from the website. An order for the plaintiff to turn over his user name and password may go further than necessary. This order is akin to ordering a homeowner to turn over the keys to his house rather than simply to make the property available for inspection. Instead, courts can order parties to produce printed copies of the websites’ content. Courts can also order parties to allow opposing counsel access to their social networking websites by adding the attorneys as “friends.” Recently Facebook has provided an option for users to download a compressed file of their entire history of Facebook activity. The compressed file contains PDF documents of every piece of content the user has posted. Courts can order production of Facebook content by ordering users to produce their account history files. Parties can then be required to periodically supplement the disclosure with updated files as the case goes on. Beware of the temptation to become an opponent’s fake online “friend,” as this action would likely violate the rules of professional conduct prohibiting conduct involving dishonesty, fraud, deceit or misrepresentation. The New York City Bar Association’s Committee on Professional Ethics issued an opinion specifically prohibiting actions such as creating a false Facebook profile for the purpose of making a friend request to an opponent.


Social networking websites are growing by hundreds of thousands of users per day. Savvy attorneys recognize the value of the information opposing parties are posting online and use it to the advantage of their clients.

Saturday, May 19, 2012

California's Proposition 29 is Flawed....

IPCPR header
and Set to Repeat Mistakes 

Sacramento, CA - May 17, 2012 - In California, a pending ballot measure to raise tobacco taxes is being scrutinized by citizens. The initiative, Proposition 29, proposes a $1 tax increase for cigarettes as well as tax increases for premium cigars and pipe tobaccos. 

The initiative proposes to create a committee of bureaucrats who will manage the supposed $735 million dollars a year that Prop. 29 will raise. Of that $735 million, hundreds of millions every year could go to out-of-state and for-profit corporations, while up to $125 million is earmarked to pay for salaries, buildings/real estate, and other administrative costs.

However, there is a surprising amount of discretion left to these bureaucrats and how they will spend the money. For one, none of this money will go to public schools, even though in California there is a voter-approved constitutional amendment that requires new taxes to help fund education. None of the money will go towards alleviating the state's $16 billion budget deficit, either. The research money may not even stay in California, as there is nothing that requires it to be spent in the state or even in the country.

Also, the proposition cannot be touched for 15 years. The governor and legislators are prohibited from making changes to it, even in the case of waste or mismanagement.

This proposition will potentially create a $735 million vacuum that takes money away from California citizens and redirects it at the committee's discretion. This smash-and-grab approach to taxation simply cannot be tolerated. At the end of the day it is taking money from California citizens without the requirement that it be spent in California. If the money is coming from the pockets of California citizens, it should stay in California. If this were a universal tax, it would never be allowed to be spent outside of the state.

Proposition 29 boils down to a poorly thought-out initiative that, at its core, is a fundraising project with no accountability. It will raise tobacco prices across the board and give the money to a bureaucratic council with no obligations to the state or the taxpayers. Rather, their obligations will be to their affiliated universities and for-profit partners, all lining up to get their check.
The proposition will be up for vote on June 5th.