As Arizona community associations become older, an interesting issue arises; what does a community association do with the boxes and boxes of association records it accumulates over the years?
In today’s litigious community association climate, it is difficult to advise that community associations destroy older records. Moreover, the storage of large quantities of community association records could begin to take a financial toll on community associations and the companies that manage them.
Because of the records storage dilemma, many community associations and management companies are moving toward or desire to investigate the implementation of a paperless or electronic record keeping system. This article will discuss what laws apply to paperless or electronic record keeping and issues community associations and management companies should consider when investigating moving toward a paperless or electronic record keeping system.
Paperless or electronic record keeping requires original paper records be “digitized” for electronic storage. Once “digitized,” the records may then be stored on a server, stored on a DVD, stored on thumb drive or stored on a normal computer.
While in today’s digital age it is an easy proposition to store records electronically, the key question is does the law allow community association records to be stored electronically?
For those community associations that are non-profit corporations (the vast majority of community associations are non-profit corporations), the Arizona Non-Profit Corporations Act will shed some light on a community association’s ability to store records electronically. Arizona Revised Statutes (A.R.S.) §10-11601(D), a provision of the Arizona Non Profit Corporations Act states "[A] corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time."
Therefore, pursuant to A.R.S. §10-11601(D), so long as a community association can take records stored electronically and convert them back to paper form “within a reasonable time,” a community association may store records electronically.
Two final important points. First, the requirement of A.R.S. §10-11601(D) to convert electronic records back to paper form “within a reasonable time” may be easily determined. The Planned Communities Act (at A.R.S. §33-1805) and the Condominium Act (at A.R.S. §33-1258) provides community associations with a ten (10) business day timeframe to have records available for an owner’s review. So long as electronic records may be converted back to paper form in time to abide by the above statutes, the Association will meet the provisions of A.R.S. §10-11601(D).
Second, it is extremely important to have a full-proof electronic storage system for the electronic records. It is advisable to have several backups for the medium in which you will be saving the electronic records. Remember, if a community association cannot convert the electronic records back to paper form within a reasonable time due to a file storage error, the Association may be in violation of A.R.S. §10-11601(D) and possibly A.R.S. §33-1805 (Planned Communities) and A.R.S. §33-1258 (Condominiums).
An electronic record keeping system could save a community association and its manager time and money and storage space. So long as the proper precautions are observed and respected, I see electronic record keeping as the wave of the future.
This article was printed in the Winter 2011 edition of Community Resource Magazine. Community Resource Magazine is published by the Central Arizona Chapter of the Community Association Institute.


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This translation of the german privacy policy is for informational purposes only; in case of doubt, the german version shall apply.
We are very happy with your interest in our company. Data protection is especially important to PHYSEC GmbH. The use of the Website of PHYSEC GmbH is in principle possible without giving personal data. In case a data subject wants to make use of particular services from our company by using our website, a processing of personal data might get necessary. Is the processing of personal data necessary and there is no legal basis for such a processing, we generally obtain consent from the data subject.
The processing of personal data, for example the name, the address, the e-mail address or the phone number of a data subject, always happens in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection regulations applying to PHYSEC GmbH. Using this privacy policy our company wants to inform the public about the nature, extent and the purpose of the personal data collected, used and processed by us. Furthermore, data subjects are informed of their rights under this privacy policy.
The privacy policy of PHYSEC GmbH is based on the terminology used by the European directive and regulatory authority in the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain in advance the terminology used.
Personal data is any information relating to an identified or identifiable natural person (hereinafter the “data subject”). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier or one or more special features expressing the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person, can be identified.
Data subject is any identified or identifiable natural person whose personal data is processed by the controller.
Processing means any process or series of operations, with or without the aid of automated procedures, related to personal data, such as collecting, recording, organizing, sorting, storing, adapting or modifying, reading, querying, using, disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, erasure or destruction.
Restriction of the processing is the marking of stored personal data with the aim to limit their future processing.
Profiling is any kind of automated processing of personal data that consists in using that personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to job performance, economic situation, health, personal preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
Pseudonymisation is the processing of personal data in such a way that personal data can no longer be attributed to a specific data subject without the need for additional information, provided that such additional information is kept separate and subject to technical and organizational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
The controller is the natural or legal person, public authority or body that, alone or in concert with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the Member States, the controller or the specific criteria for his designation may be provided for under Union or national law.
The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
Recipient is a natural or legal person, agency, agency or other entity to whom Personal Data is disclosed, whether or not it is a third party. However, authorities which may receive personal data under Union or national law in connection with a particular investigation are not considered as recipients.
Third party is a natural or legal person, public authority, body or body other than the data subject, the controller, the processor and the persons authorized under the direct responsibility of the controller or the processor to process the personal data.
Consent is any voluntarily given and unambiguously expressed statement of intent in the form of a declaration or other unambiguous confirmatory act by the data subject for the particular case, by which the data subject indicates that they consent to the processing of the personal data concerning him / her.
The websites of PHYSEC GmbH use cookies. Cookies are text files that are stored on a computer system via an Internet browser.
Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited websites and servers to distinguish the individual’s browser from other internet browsers that contain other cookies. A particular web browser can be recognized and identified by the unique cookie ID.
Through the use of cookies, PHYSEC GmbH can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
By means of a cookie the information and offers on our website can be optimized in the sense of the user. Cookies allow us, as already mentioned, to recognize the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies need not re-enter their credentials each time they visit the website, as this is done by the website and the cookie stored on the user’s computer system.
The website of PHYSEC GmbH collects a series of general data and information every time the website is accessed by an affected person or an automated system. This general data and information is stored in the log files of the server. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the internet page from which an accessing system accesses our website (so-called referrers), (4) the sub web pages which were accessed on our website, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used in the event of attacks on our information technology systems can be collected.
When using this general data and information, PHYSEC GmbH does not draw any conclusions about the person concerned. Rather, this information is required to (1) correctly deliver the contents of our website, (2) to optimize the content of our website and the advertisement for it, (3) to ensure the continued functioning of our information technology systems and the technology of our website, and (4) to provide law enforcement authorities with the information necessary for law enforcement in the event of a cyberattack. This anonymously collected data and information is evaluated by the PHYSEC GmbH on the one hand statistically and further with the aim to increase the data protection and data security in our company, in order to ensure an optimal level of protection for the personal data processed by us. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
On the website of PHYSEC GmbH, users are given the opportunity to subscribe to the newsletter of our company. Which personal data are transmitted to the controller when the newsletter is ordered results from the input mask used for this purpose.
PHYSEC GmbH informs its customers and business partners at regular intervals by means of a newsletter about the company’s latest news. The newsletter of our company can only be received by the data subject if (1) the data subject has a valid email address and (2) the data subject subscribes to the newsletter. For legal reasons, a confirmation e-mail will be sent to the e-mail address entered by an affected person for the first time for newsletter mailing using the double-opt-in procedure. This confirmation email is used to check whether the owner of the e-mail address as the data subject authorized the receipt of the newsletter.
When subscribing to the newsletter, we also store the IP address of the computer system used by the person concerned at the time of registration, as assigned by the Internet Service Provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to reconstruct the (possible) misuse of an affected person’s e-mail address at a later date and therefore serves as legal safeguards for the controller.
The personal data collected in the context of registering for the newsletter will be used exclusively to send our newsletter. Subscribers to the newsletter may also be notified by e-mail if this is necessary for the operation of the newsletter service or registration, as might be the case in the event of changes to the newsletter or technical changes. There will be no transfer of the personal data collected as part of the newsletter service to third parties. Subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data that the data subject has given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking the consent, there is a corresponding link in each newsletter. It is also possible to unsubscribe from the newsletter at any time, directly on the controller’s website, or to inform the controller in a different way.
The newsletters of PHYSEC GmbH contain so-called counting pixels. A counting pixel is a miniature graphic that is embedded in such emails that are sent in HTML format to enable log file recording and log file analysis. This allows a statistical evaluation of the success or failure of online marketing campaigns. On the basis of the embedded pixel, PHYSEC GmbH can detect whether and when an e-mail was opened by a data subject and which links in the e-mail were called up by the data subject.
Such personal data collected via the counting pixels contained in the newsletters will be stored and evaluated by the controller in order to optimize the delivery of newsletters and to better adapt the content of future newsletters to the interests of the data subject. This personal data will not be disclosed to third parties. Data subjects are at any time entitled to revoke the separate declaration of consent made via the double-opt-in procedure. After revocation, this personal data will be deleted by the controller. The PHYSEC GmbH automatically interprets a cancellation of the receipt of the newsletter as a revocation.
Due to legal regulations, the PHYSEC GmbH website contains information that enables fast electronic contact to our company as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or through a contact form, the personal data provided by the data subject will be automatically saved. Such personal data, voluntarily transmitted by an individual to the controller, is stored for the purpose of processing or contacting the data subject. There is no disclosure of this personal data to third parties.
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of the storage or, as the case may be, for the period intended by the European directives or regulations or by any other legislator in laws or regulations which the controller is subject to.
If the storage purpose is omitted or if a storage period prescribed by the European directives and regulations or any other relevant legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
Each data subject has the right, as granted by the European Regulators and Regulators, to require the controller to confirm whether personal data relating to him / her is being processed. If a data subject wishes to make use of this right of confirmation, they can contact an employee of the controller at any time.
In addition, the data subject has a right of access as to whether personal data has been transmitted to a third country or to an international organization. If that is the case, then the data subject has the right to obtain information about the appropriate guarantees in connection with the transfer.
If an interested party wishes to exercise this right to information, they may at any time contact an employee of the controller.
Any data subject concerned by the processing of personal data has the right granted by the European legislator to demand the immediate correction of inaccurate personal data concerning him / her. Furthermore, the data subject has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.
If an affected person wishes to exercise this right of rectification, they may, at any time, contact an employee of the controller.
The personal data has been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws the consent on which the processing was based in accordance with Article 6 (1) (a) of the GDPR or Article 9 (2) (a) of the GDPR and the processing lacks any other legal basis.
• The data subject objects to the processing in accordance with Art. 21 (1) GDPR, and there are no preceding, legitimate reasons for the processing, or the data subject objects to the processing according to Art. 21 (2) GDPR.
The personal data was processed unlawfully.
The erasure of personal data is necessary to fulfill a legal obligation under Union or national law to which the controller is subject.
The personal data were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.
If one of the above reasons is correct and a data subject wishes to arrange for the deletion of personal data stored by PHYSEC GmbH, they may at any time contact an employee of the controller. The employee of the PHYSEC GmbH will arrange that the deletion request is fulfilled immediately.
If the personal data has been made public by PHYSEC GmbH and if our company is obligated to delete personal data as the controller pursuant to Art. 17 para. 1 GDPR, PHYSEC GmbH will take appropriate measures, of a technical nature as well, taking into account the available technology and the implementation costs, to inform other controllers processing the published personal data that the data subject has demanded the deletion of any links to such personal data or copies or replications of such personal data, as far as the processing is not required, from these other controllers. The employee of PHYSEC GmbH will arrange the necessary in individual cases.
The accuracy of the personal data is contested by the data subject for a period of time that enables the controller to verify the accuracy of the personal data.
The processing is unlawful, the data subject refuses to delete the personal data and instead requests the restriction of the use of personal data.
The controller no longer needs the personal data for the purposes of processing, but the data subject requires them to assert, exercise or defend legal claims.
The data subject has objected to the processing acc. Art. 21 para. 1 GDPR and it is not yet clear whether the legitimate reasons of the controller outweigh those of the data subject.
If one of the above-mentioned conditions exists and a data subject wishes to request the restriction of personal data stored by PHYSEC GmbH, they can contact an employee of the controller at any time. The employee of PHYSEC GmbH will initiate the restriction of the processing.
Any data subject concerned by the processing of personal data has the right conferred by the European Directives and Regulations to obtain the personal data concerning him / her provided to a controller by the data subject in a structured, common and machine-readable format. He / She also has the right to transfer this data to another controller without hindrance by the controller to whom the personal data was provided, provided that the processing is based on the consent pursuant to Article 6 (1) (a) of the GDPR or Article 9 (1) (b) 2 (a) of the GDPR or on a contract pursuant to Article 6 (1) (b) of the GDPR and processing is done by means of automated processes, unless the processing is necessary for the performance of a task of public interest or in the exercise of public authority, which has been assigned to the controller.
Furthermore, in exercising their right to data portability under Article 20 (1) of the GDPR, the data subject has the right to effect that the personal data are transmitted directly from one controller to another, insofar as this is technically feasible and if so this does not affect the rights and freedoms of others.
To enforce the right to data portability, the data subject may at any time contact an employee of PHYSEC GmbH.
Any data subject concerned by the processing of personal data has the right conferred by the European directive and regulatory authority to object against the processing of personal data relating to it pursuant to Article 6 (1) (e) or (f) GDPR at any time, for reasons arising from its particular situation. This also applies to profiling based on these provisions.
PHYSEC GmbH will no longer process personal data in the event of an objection, unless we can prove that there are compelling legitimate reasons for processing that outweigh the interests, rights and freedoms of the data subject, or the processing is for assertion, exercise or defense of legal claims.
If PHYSEC GmbH processes personal data in order to operate direct mail, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to the profiling, as far as it is associated with such direct mail. If the data subject objects to PHYSEC GmbH for processing purposes for direct marketing purposes, PHYSEC GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, for reasons arising from his / her particular situation, to object against the processing of personal data relating to him, which is performed by PHYSEC GmbH for scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR unless such processing is necessary to fulfill a task of public interest.
In order to exercise the right to object, the data subject may directly contact any employee of PHYSEC GmbH. The data subject is also free, in the context of the use of information society services, notwithstanding Directive 2002/58/EC, to exercise his right of opposition by means of automated procedures using technical specifications.
Any data subject concerned by the processing of personal data has the right, as granted by the European legislature, not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on it or, in a similar manner, significantly affects it; unless the decision (1) is necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is permitted by Union or Member State legislation to which the controller is subject, and that legislation provides for appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject; or (3) with the express consent of the data subject.
If the decision (1) is required for the conclusion or the performance of a contract between the data subject and the controller or (2) it takes place with the explicit consent of the person concerned, PHYSEC GmbH takes appropriate measures to protect the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and to contest the decision.
If the data subject wishes to claim rights concerning automated decision-making, they can contact an employee of the controller at any time.
Any data subject concerned by the processing of personal data has the right, granted by the European directive and regulatory authority, to revoke consent to the processing of personal data at any time.
If the data subject wishes to claim their right to withdraw consent, they may, at any time, contact an employee of the controller.
The controller has integrated components of the company Facebook on this website. Facebook is a social network.
A social network is an Internet-based social meeting place, an online community that typically allows users to communicate with each other and interact in virtual space. A social network can serve as a platform to exchange views and experiences, or allows the Internet community to provide personal or business information. Facebook allows social network users to create private profiles, upload photos and socialize via friend requests.
The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, USA. Controller is, if an affected person lives outside the US or Canada, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
On each visit to one of the individual pages of this website, which is operated by the controller and on which a Facebook component (Facebook plug-in) has been integrated, the Internet browser on the information technology system of the data subject automatically causes a download of the corresponding Facebook Component from Facebook. An overview of all Facebook plug-ins can be found at https://developers.facebook.com/docs/plugins/?locale=en_US. As part of this technical process, Facebook receives information about which specific subpage of our website is visited by the data subject.
If the data subject is simultaneously logged into Facebook, Facebook recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject visits. This information is collected through the Facebook component and assigned by Facebook to the respective Facebook account of the data subject. If the data subject activates one of the Facebook buttons integrated on our website, for example the “Like” button, or if the person concerned makes a comment, Facebook assigns this information to the personal Facebook user account of the person concerned and saves this personal data.
Facebook always receives information via the Facebook component that the data subject has visited our website if the data subject is logged in to Facebook at the same time as accessing our website; this happens regardless of whether the person clicks on the Facebook component or not. If such a transfer of this information to Facebook is not wanted by the data subject, it can prevent the transfer by logging out of their Facebook account before calling our website.
The data policy published by Facebook, which is available at https://de-de.facebook.com/about/privacy/, provides information on the collection, processing and use of personal data by Facebook. It also explains which options Facebook offers to protect the privacy of the data subject. In addition, different applications are available, which make it possible to suppress data transmission to Facebook. Such applications can be used by the data subject to suppress data transmission to Facebook.
The controller has integrated the component Google Analytics (with anonymization function) on this website. Google Analytics is a web analytics service. Web analysis is the collection, collection and analysis of data about the behavior of visitors to websites. Among other things, a web analysis service collects data on which website an affected person has come to a website (so-called referrers), which subpages of the website were accessed or how often and for which length of stay a subpage was viewed. A web analysis is mainly used to optimize a website and cost-benefit analysis of Internet advertising.
The operating company of the Google Analytics component is Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043–1351, USA.
The controller uses the addition “_gat._anonymizeIp” for web analytics via Google Analytics. By means of this addendum, the IP address of the Internet access of the data subject will be shortened and anonymised by Google if the access to our website is from a Member State of the European Union or from another state party to the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyze visitor flows on our website. Among other things, Google uses the data and information obtained to evaluate the use of our website, to compile for us online reports showing the activities on our websites, and to provide other services related to the use of our website.
Google Analytics uses a cookie on the information technology system of the data subject. What cookies are, has already been explained above. By using this cookie Google is enabled to analyze the usage of our website. Each time one of the pages of this website run by the controller is accessed and a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically caused by the respective Google Analytics component to submit data to Google for online analysis purposes. As part of this technical process, Google will be aware of personal data, such as the IP address of the data subject, which serve, among other things, Google to track the origin of the visitors and clicks, and subsequently make commission settlements possible.
The cookie stores personally identifiable information, such as access time, the location from which access was made, and the frequency of site visits by the data subject. Each time you visit our website, your personal information, including the IP address of the Internet connection used by the data subject, is transferred to Google in the United States of America. This personal information is stored by Google in the United States of America. Google may transfer such personal data collected through the technical process to third parties.
The affected person can prevent the setting of cookies through our website, as shown above, at any time by means of a corresponding setting of the Internet browser used and thus permanently object the setting of cookies. Such a setting of the Internet browser used would also prevent Google from setting a cookie on the information technology system of the person concerned. In addition, a cookie already set by Google Analytics can be deleted at any time via the Internet browser or other software programs.
Additional information and Google’s privacy policy can be found at https://www.google.com/intl/en/policies/privacy/ and http://www.google.com/analytics/terms/en.html. Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.
The controller has integrated components from LinkedIn Corporation on this website. LinkedIn is an Internet-based social network that allows users to connect to existing business contacts and make new business contacts. Over 400 million registered people use LinkedIn in more than 200 countries. This makes LinkedIn currently the largest platform for business contacts and one of the most visited websites in the world.
LinkedIn’s operating company is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. Privacy Policy issues outside the United States are handled by LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland.
Each time you visit our website, which has a LinkedIn component (LinkedIn plug-in), this component causes the browser used by the data subject to download a corresponding representation of the LinkedIn component. More information about the LinkedIn plug-ins can be found at https://developer.linkedin.com/plugins. As part of this technical process, LinkedIn learns about the specific subpage of our website visited by the affected person.
If the data subject is logged in to LinkedIn at the same time, LinkedIn recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website which specific subpage of our website the data subject visits. This information is collected through the LinkedIn component and linked by LinkedIn to the affected LinkedIn account. If the affected person activates a LinkedIn button integrated on our website, LinkedIn assigns this information to the personal LinkedIn user account of the data subject and saves this personal data.
LinkedIn always receives information via the LinkedIn component that the data subject has visited our website if the person concerned is simultaneously logged into LinkedIn at the time of accessing our website; this happens regardless of whether the data subject clicks on the LinkedIn component or not. If the data subject does not want to transmit this information to LinkedIn, he / she can prevent it from logging out of their LinkedIn account before visiting our website.
At https://www.linkedin.com/psettings/guest-controls, LinkedIn offers the ability to opt out of email messages, text messages, and targeted ads, as well as manage ad settings. LinkedIn also uses partners like Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua and Lotame, who can set cookies. Such cookies can be refused at https://www.linkedin.com/legal/cookie-policy. LinkedIn’s privacy policy is available at https://www.linkedin.com/legal/privacy-policy. LinkedIn cookie policy is available at https://www.linkedin.com/legal/cookie-policy.
The controller has integrated Twitter components on this website. Twitter is a multilingual publicly available microblogging service where users can post and distribute so-called tweets, which are limited to 280 characters. These short messages are available to anyone, including non-Twitter subscribers. The tweets are also displayed to the so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Twitter also allows you to address a broad audience via hashtags, links or retweets.
The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA.
Each time one of the individual pages of this website, which is operated by the controller and on which a Twitter component (Twitter button) has been integrated, the Internet browser on the information technology system of the data subject is automatically caused by the respective Twitter component to download a presentation of the corresponding Twitter component of Twitter. Further information on the Twitter buttons is available at https://about.twitter.com/en/resources/buttons. As part of this technical process, Twitter receives information about which specific subpage of our website is visited by the person concerned. The purpose of the integration of the Twitter component is to allow our users to redistribute the contents of this website, to promote this website in the digital world and to increase our visitor numbers.
If the data subject is simultaneously logged in to Twitter, Twitter recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website the data subject is visiting. This information is collected through the Twitter component and assigned through Twitter to the data subjects Twitter account. If the data subject activates one of the Twitter buttons integrated on our website, the data and information transmitted with it are assigned to the personal Twitter user account of the data subject and stored and processed by Twitter.
Twitter always receives information via the Twitter component that the data subject has visited our website if the data subject simultaneously logs on to Twitter at the time of access to our website; this happens regardless of whether or not the subject clicks on the Twitter component. If such a transfer of this information to Twitter is not wanted by the person concerned, it can prevent the transfer by logging out of their Twitter account before calling our website.
The applicable privacy policies of Twitter are available at https://twitter.com/privacy?lang=en.
The controller has integrated components from Xing on this website. Xing is an Internet-based social network that allows users to connect to existing business contacts and make new business contacts. The individual users can create a personal profile at Xing. Companies can, for example, create company profiles or publish job offers on Xing.
The operating company of Xing is XING SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of the individual pages on this website, which is run by the controller and on which a Xing component (Xing plug-in) has been integrated, is called, the internet browser on the information technology system of the data subject is automatically caused by the respective Xing Component to download a representation of the corresponding Xing component from Xing. More information about the Xing plug-ins can be found at https://dev.xing.com/plugins. As part of this technical process, Xing is aware of which specific subpage of our website is visited by the data subject.
If the data subject is logged in to Xing at the same time, Xing recognizes with each visit to our website by the data subject and during the entire duration of the respective stay on our website, which specific subpage of our website was visited by the data subject. This information is collected by the Xing component and assigned by Xing to the affected Xing account. If the data subject activates one of the Xing buttons integrated on our website, for example the “Share” button, Xing assigns this information to the personal Xing user account of the data subject and stores this personal data.
Xing always receives information from the Xing component that the data subject has visited our website if the data subject is simultaneously logged in to Xing at the time of accessing our website; this happens regardless of whether or not the data subject clicks on the Xing component. If such a transfer of this information to Xing by the data subject is not intended, it can prevent the transfer by logging out of your Xing account before calling our website.
Xing’s privacy policy, available at https://www.xing.com/privacy, provides information about the collection, processing and use of personal information by Xing. In addition, Xing has posted privacy notices for the XING Share button at https://www.xing.com/app/share?op=data_protection.
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations where we obtain consent for a particular processing purpose. If the processing of personal data is necessary to fulfill a contract of which the data subject is a party, as is the case, for example, in processing operations necessary for the supply of goods or the provision of any other service or consideration, processing shall be based on Art. 6 I lit. b GDPR. The same applies to processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries regarding our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as the fulfillment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may be required to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our premises were injured and his or her name, age, health insurance or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. On this legal basis, processing operations that are not covered by any of the above legal bases are required if processing is necessary to safeguard the legitimate interests of our company or a third party, unless the interests, fundamental rights and fundamental freedoms of the person concerned prevail. Such processing operations are particularly allowed to us because they have been specifically mentioned by the European legislator. In that regard, it considered that a legitimate interest could be assumed if the data subject is a customer of the controller (recital 47, second sentence, GDPR).
Is the processing of personal data based on Article 6 I lit. f GDPR, our legitimate interest is in conducting our business for the benefit of all of our employees and our shareholders.
The criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the corresponding data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.
We clarify that the provision of personal information is in part required by law (such as tax regulations) or may result from contractual arrangements (such as details of the contractor). Occasionally it may be necessary for a contract to be concluded that a data subject provides us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal information when our company enters into a contract with her. Failure to provide the personal data would mean that the contract with the data subject could not be closed. Prior to any personal data being provided by the data subject, the data subject must contact one of our employees. Our employee will inform the individual on a case-by-case basis whether the provision of the personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of the non-provision of the personal data.
As a responsible company we refrain from automatic decision-making or profiling.

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for the Eastern District of North Carolina, at Raleigh.
Terrence W. Boyle, District Judge.
Judge Traxler and Judge Motz joined.
of being hit by and run over with a vehicle." Id. at 153.
and 3) lying in wait. 488 S.E.2d at 151.
store could only have been made by Richardsons right shoe.
well as several witnesses who provided an alibi for Hedgepeth, and determined that Hedgepeth was not involved in Ms.
aspects of Richardsons story, rendering Richardsons statements implicating Hedgepeth implausible. Id. at 152, 157.
over" Ms. Rich with her car. Id. at 152.
a dangerous weapon. Id. at 151.
of "[t]he age of the defendant at the time of the crime,"
and (vi) the defendant had no prior history of violent conduct. Id. at 160.
instruction should be given. Instead, "age" is a "flexible and relative concept" that takes into consideration emotional maturity in addition to chronological age. See State v. Johnson, 346 S.E.2d 596, 624 (N.C. 1986).
kidnapping conviction. Id. at 151.
courts failure to instruct the jury on the (f)(7) mitigation factor. The Supreme Court of North Carolina affirmed Richardsons convictions and sentences. Id. at 162.
request that the instruction be given to the jury).
proceedings would have been different.
question of law and not fact.
Mental Retardation as required by [N.C.G.S. ] 15A2005.
Court of North Carolina. That court denied Richardsons petition. 667 S.E.2d 272 (N.C. 2008).
Amendment, under the Supreme Courts decision in Atkins.
months before petitioners trial and well before his appeal."
Richardson that "[h]is overall functioning would be comparable to that of an average eleven-and-a-half, twelve year old,"
reasonable doubt on appeal." Id. at 922.
Strickland." 769 F. Supp. 2d at 924.
claims. Id. at 908-19, 924-28.
assistance of appellate counsel. We review de novo the district courts order granting Richardson relief on this claim.
Kanai v. McHugh, 638 F.3d 251, 260 (4th Cir. 2011).
v. Branker, 642 F.3d 442, 449 (4th Cir. 2011).
habeas claims, as established by AEDPA, is grounded in fundamental notions of state sovereignty. Harrington, 131 S. Ct.
was unreasonable." 131 S. Ct. at 785 (emphasis added).
law is different from an incorrect application of federal law."
Id. (quoting Williams, 529 U.S. at 410) (emphasis in original).
the standard of an "incorrect" application of federal law.
538 U.S. 63, 75 (2003)).
to be." Id. at 786.
"when the two apply in tandem, review is doubly so." Id.
(citations and internal quotation marks omitted).
521 (2003); Williams, 529 U.S. at 390; Strickland, 466 U.S.
at 687; Jackson v. Kelly, 650 F.3d 477, 493 (4th Cir. 2011).
(1986), and Smith v. Robbins, 528 U.S. 259 (2000).
(1986); United States v. Tucker, 603 F.3d 260, 264 (4th Cir.
U.S. at 391; Gray v. Branker, 529 F.3d 220, 234 (4th Cir.
undermine confidence in the outcome," Strickland, 466 U.S.
(emphasis added); accord Jackson, 650 F.3d at 493.
U.S. 259, 285-86 (2000) (holding, in the context of an ineffective assistance of appellate counsel claim, that the "prejudice"
v. Jarvis, 236 F.3d 149, 164 (4th Cir. 2000) (en banc) (same).
decision to the contrary constituted an unreasonable application of Strickland." 131 S. Ct. at 786 (internal citation omitted).
159-60 (4th Cir. 2000) (en banc) (discussing Williams v. Taylor, 529 U.S.
362, 399-401 (2000) (OConnor, J., concurring)).
that state court decisions be given the benefit of the doubt."
Woodford v. Visciotti, 537 U.S. 19, 24 (2002) (per curiam).
under the "prejudice" prong of Strickland.
Harrington, 131 S. Ct. at 786-87.
raised." Id. at 921, 924.
federal court should be especially deferential to a state postconviction courts interpretation of its own states law.
of ineffective assistance of appellate counsel was wholly lacking in the district courts consideration of the habeas petition.
a "mental age" of ten years.13 Id. at 882, 885.
The court held that the instruction should have been given despite evidence that Holden "had more life experience than a ten-year-old-child."
apply the "substantial evidence" standard used in that case.
been applied by that Court in several more recent cases. See, e.g., State v.
198-99 (N.C. 2001) (same); State v. Steen, 536 S.E.2d 1, 18-20 (N.C.
submission of the mitigation instruction under Holdens "substantial evidence" test.
that defendant committed the crime under the influence of mental or emotional disturbance).
worked for his fathers brick-washing business four or five days per week.
this conclusion, which, in any event, completely fails to afford the deference required by AEDPA to the MAR courts holding.
distinguish the holding in Spruill from the facts of this case.
Strickland standards that we apply.
chronological age of 31 years. 452 S.E.2d at 285, 305.
de novo. Muhammad v. Kelly, 575 F.3d 359, 367 (4th Cir.
standard set forth in AEDPA.
(1995); United States v. King, 628 F.3d 693, 701 (4th Cir.
entire case in such a different light that confidence in the verdict is undermined. Strickler, 527 U.S. at 290; Kyles, 514 U.S.
at 435; King, 628 F.3d at 704.
908, 916 (4th Cir. 1997).
matched shoes seized from Richardson.
by Richardson on the night of the crime.
sketches showed a "zigzag" pattern that Richardson contended was consistent with the pattern of Hedgepeths shoes.
district courts rejection of this claim.
down and then goes up and then comes back down.
Q: And that is different than the shoe [Richardsons shoe] thats sitting in front of you, isnt it?
not constitute Brady material for this purpose. See McHone v.
trial testimony or merely cumulative to undisputed facts).
saw several portions of questioned footwear impressions, didnt you?
You could see them with the naked eye?
it with side lighting, but they were very small portions and not sufficient for comparison.
A. And I was not able to get anything for comparison purposes.
bring something thats real faint out? Is there anything that could do that?
to be photographed, they just disappeared.
detail whatsoever anywhere as to any shoe?
Not that I could use for comparison, no.
the shoes that you had?
reasonable jury could conclude from the evidence that the pattern in Agent Petzkas sketches of item 41 matched the pattern on Hedgepeths shoes.
[sic] came to my residence. Upon every visit, Mr.
clothes that they were wearing earlier that day.
told me that he did not want to hear that right now.
asked at the trial and not to volunteer information.
mony concerning the insufficiency of the shoeprint impression on item 41.
41 was insufficient to permit a comparison with another shoeprint.
didnt volunteer information because of what Mr.
trailer where I live now.
them, and he left. That was all. That was it.
What two friends did he ask you about?
resolve any credibility dispute between these two individuals.
Mike and [Kevin] Hedgepeth. Thats all he said.
And were they at your residence?
I dont have any idea.
she had not seen Hedgepeth with Richardson and that Richardson had asked her whether she had seen Hedgepeth.
because they didnt ask me" is refuted by the trial transcript.
Yeah, somewhere in that vicinity, yes.
He did call the name.
house that you had seen [Hedgepeth] that day?
Not sure of that, no.
According to computer records linked to the stores alarm system, Ms.
Richardson and Hedgepeth arrived at her home around 11:00 p.m.
fairminded disagreement?" See Harrington, 131 S. Ct. at 78687.
home, or at home during the period when the crimes occurred." 769 F.
of Richardsons habeas petition. 769 F. Supp. 2d at 927-28.
both of which were manifested before the age of 18."
The first of these two requirements, "[s]ignificantly subaverage general intellectual functioning," is defined by the statute as "[a]n intelligence quotient [IQ] of 70 or below."
the "significant limitations in adaptive functioning" prong.
results were not qualifying I.Q. scores under the statute.
Richardson took in 1991 while enrolled in the tenth grade.
required under N.C. Gen. Stat. 15A-2005(a)(2).
a licensed psychologist. As noted by the MAR court, Dr.
licensed psychiatrist or psychologist," as required by N.C.
under the supervision of a licensed psychologist or neuropsychologist."
769 F. Supp. 2d at 8125 n.12.
these test scores complied with the requirements of N.C. Gen.
"[a]n [I.Q.] of 70 or below." N.C.G.S. 15A-2005(a)(1)(c).
We again examine this holding through the deferential standard of review mandated by AEDPA, as discussed previously.
that the MAR court should have adjusted downward his I.Q.
the basis of those theories.
of a claim on the merits.
law, nor could we find any such law, requiring courts to consider and apply the "Flynn effect" and the "practice effect."
courts observation that "there is no requirement under N.C.
Gen. Stat. 15A2005 for a court to adjust a defendants I.Q.
see also Green v. Johnson, 515 F.3d 290, 300 n.2 (4th Cir.
obligated to assume all facts alleged in his habeas petition to be true. Id.
to adjudicate [his] claim on a complete record").
not conclude that such a holding violated [AEDPA]").
counsel. We reverse this portion of the district courts judgment.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


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52. Mo, J. Y., E. Buffetaut, H. Y. Tong, R. Amiot, L. Cavin, G. Cuny, V. Suteethorn, S. Suteethorn and S. Jiang (2016), Early Cretaceous vertebrates from the Xinlong Formation of Guangxi (southern China) : a review, Geol. Mag., 153, 143-159, doi:10.1017/s0016756815000394.
53. Moncoffre, N., N. Toulhoat, N. Bererd, Y. Pipon, G. Silbermann, A. Blondel, N. Galy, P. Sainsot, J. N. Rouzaud, D. Deldicque and V. Dauvois (2016), Impact of radiolysis and radiolytic corrosion on the release of C-13 and Cl-37 implanted into nuclear graphite : Consequences for the behaviour of C-14 and Cl-36 in gas cooled graphite moderated reactors, J. Nucl. Mater., 472, 252-258, doi:10.1016/j.jnucmat.2015.12.020.
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55. Nicolas, A., J. Fortin, J. B. Regnet, A. Dimanov and Y. Gueguen (2016), Brittle and semi-brittle behaviours of a carbonate rock : influence of water and temperature, Geophys. J. Int., 206, 438-456, doi:10.1093/gji/ggw154.
56. Nirrengarten, M., G. Manatschal, X. P. Yuan, N. J. Kusznir and B. Maillot (2016), Application of the critical Coulomb wedge theory to hyper-extended, magma-poor rifted margins, Earth Planet. Sci. Lett., 442, 121-132, doi:10.1016/j.epsl.2016.03.004.
57. Oschatz, M., P. Pre, S. Dorfler, W. Nickel, P. Beaunier, J. N. Rouzaud, C. Fischer, E. Brunner and S. Kaskel (2016), Nanostructure characterization of carbide-derived carbons by morphological analysis of transmission electron microscopy images combined with physisorption and Raman spectroscopy, Carbon, 105, 314-322, doi:10.1016/j.carbon.2016.04.041.
58. Pageot, J., J. N. Rouzaud, L. Gosmain, D. Deldicque, J. Comte and M. R. Ammar (2016), Nanostructural characterizations of graphite waste from French gas-cooled nuclear reactors and links with C-14 inventory, Carbon, 105, 77-89, doi:10.1016/j.carbon.2016.04.024.
59. Paradelo, R., F. van Oort, P. Barre, D. Billiou and C. Chenu (2016), Soil organic matter stabilization at the pluri-decadal scale : Insight from bare fallow soils with contrasting physicochemical properties and macrostructures, Geoderma, 275, 48-54, doi:10.1016/j.geoderma.2016.04.009.
60. Passelegue, F. X., A. Schubnel, S. Nielsen, H. S. Bhat, D. Deldicque and R. Madariaga (2016), Dynamic rupture processes inferred from laboratory microearthquakes, J. Geophys. Res., 121, 4343-4365, doi:10.1002/2015jb012694.
61. Passelegue, F. X., E. Spagnuolo, M. Violay, S. Nielsen, G. Di Toro and A. Schubnel (2016), Frictional evolution, acoustic emissions activity, and off-fault damage in simulated faults sheared at seismic slip rates, J. Geophys. Res., 121, 7490-7513, doi:10.1002/2016jb012988.
62. Perol, T. and H. S. Bhat (2016), Micromechanics-Based Permeability Evolution in Brittle Materials at High Strain Rates, Pure Appl. Geophys., 173, 2857-2868, doi:10.1007/s00024-016-1354-4.
63. Pimienta, L., J. V. M. Borgomano, J. Fortin and Y. Gueguen (2016), Modelling the drained/undrained transition : effect of the measuring method and the boundary conditions, Geophys. Prospect., 64, 1098-1111, doi:10.1111/1365-2478.12390.
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65. Plunder, A., P. Agard, C. Chopin, M. Soret, A. I. Okay and H. Whitechurch (2016), Metamorphic sole formation, emplacement and blueschist facies overprint : early subduction dynamics witnessed by western Turkey ophiolites, Terra Nova, 28, 329-339, doi:10.1111/ter.12225.
66. Prendergast, M. E., H. Rouby, P. Punnwong, R. Marchant, A. Crowther, N. Kourampas, C. Shipton, M. Walsh, K. Lambeck and N. L. Boivin (2016), Continental Island Formation and the Archaeology of Defaunation on Zanzibar, Eastern Africa, Plos One, 11, doi:10.1371/journal.pone.0149565.
67. Riviere, J., L. Pimienta, M. Scuderi, T. Candela, P. Shokouhi, J. Fortin, A. Schubnel, C. Marone and P. A. Johnson (2016), Frequency, pressure, and strain dependence of nonlinear elasticity in Berea Sandstone, Geophys. Res. Lett., 43, 3226-3236, doi:10.1002/2016gl068061.
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IRS grants relief from estimated tax under payment penalty involving ACA tax credits.
The IRS has issued additional guidance on ACA Advanced Premium Tax Credits and relief from certain penalties associated with the taxpayer receiving excess tax credits from a health insurance Marketplace. IRS Notice 2015-9 Penalty Relief Related to Advance Payments of the Premium Tax Credit for 2014 outlines how some taxpayers may not be subject to the penalties associated with the underpayment of taxes during the 2014 tax year. This is good news for self-employed individuals who pay quarterly federal taxes and can have a difficult time estimating their annual income at the beginning of the year. Download the Notice 2015-9 at the end of the post.
Individuals who receive non-wage income such as when they invoice for a service or receive investment income generally have to make quarterly estimated tax payments.
If a household who received Advance Premium Tax Credits (APTC) through the Marketplace to lower their monthly health insurance premium under estimated their income for receiving the APTC, the excess tax credits they received may push the quarterly tax payments they did make below the 90% threshold for avoiding the underpayment penalty. This could also apply to individuals with jobs where federal taxes are withheld from their paychecks. See also IRS limits on repayment of excess ACA tax credits.
The underpayment of estimated taxes will be evident when the tax payer reconciles their APTC, from Form 1095-A Tax Credit Statement on Form 8962 Premium Tax Credit worksheet, and the taxpayer calculates they must pay back excess APTC because their Modified Adjusted Gross Income is higher than they originally projected. The IRS has recognized the complicated nature of factoring in the APTC into an individual’s or family’s estimated tax payments and withholding amounts.
Some taxpayers who have a balance due on their 2014 income tax returns attributable to the reconciliation of their advance credit payments and the premium tax credit calculated on their returns may not be able to pay by the due date for payment, generally April 15. Taxpayers who do not pay their entire tax liability by the due date for payment generally would be liable for the § 6651(a)(2) penalty for failure to pay, unless they requested and were granted relief due to reasonable cause. Additionally, some taxpayers may discover when they reconcile advance credit payments with the premium tax credit that their estimated tax payments were understated, potentially making these taxpayers liable for the § 6654(a) estimated tax penalty. Therefore, in consideration of these factors, and consistent with the authority in § 6651(a)(2) and § 6654(e)(3) to provide relief from penalties for taxpayers, this Notice provides relief from the § 6651(a)(2) and § 6654(a) penalties for taxpayers who satisfy the requirements in this Notice.
Pursuant to this Notice, the Service will abate the § 6651(a)(2) penalty for taxable year 2014 for taxpayers who (i) are otherwise current with their filing and payment obligations; (ii) have a balance due for the 2014 taxable year due to excess advance payments of the premium tax credit; and (iii) report the amount of excess advance credit payments on their 2014 tax return timely filed, including extensions (Line 46 of Form 1040 or Line 29 of Form 1040A).
Note that this only applies to tax payers who are current with their filings and payment obligations. This notice does not extend the time to file a person’s 2014 federal taxes and the total amount of the excess APTC must be repaid by April 15th. The notice states that interest will accrue on unpaid balances if not paid by the due date.
Unfortunately, this penalty relief does not seem to be automatic – the taxpayer still has to jump through a hoop. If the taxpayer is assessed an under payment penalty, then they have to respond with a request for relief from the payment penalty.
Taxpayers who file their returns by April 15, 2015 will be entitled to relief under this Notice even if they have not fully paid the underlying liability by the time they request relief.
The underpayment penalty is one of those unforeseen consequences of enacting a complicated program such as the ACA that spans across multiple agencies and the IRS. Undoubtedly other tax or eligibilities problems will pop to the surface as the ACA fully unfolds across America. At least the IRS can make some adjustments to help families from a nasty tax penalty without having to request intervention from Congress.


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Marc Carlton is a partner in the Portland office of Lewis Brisbois and a member of the Transportation, Toxic Tort & Environmental Litigation, Products Liability, and General Liability Practices. He focuses his practice on civil litigation with an emphasis in defending transportation, liquor liability, employment, and products liability cases, including the defense of former manufacturers and sellers of asbestos-containing products. He also practices in the area of medical device and business litigation. Mr. Carlton was named a Super Lawyer by Super Lawyers magazine in 2015 and 2017 as well as a Rising Star in 2012 and 2013.
Mr. Carlton has represented a wide-variety of clients in asbestos litigation in Oregon and Washington for fifteen years, including sellers of joint compound, electrical products and components, friction products, mastics, pipes, and valves. He serves as co-lead counsel on the national asbestos discovery teams for two multi-national companies. In that role, he has overseen company-wide investigations and research related to the historical sale of asbestos-containing products. Mr. Carlton also has organized and developed document management systems to assist in defending against asbestos-related claims, and has been personally involved in training and educating first-time corporate witnesses to testify in FRCP 30(b)(6) depositions.
In addition to asbestos and other products liability matters, Mr. Carlton has extensive experience handling catastrophic trucking and bus cases, including multiple wrongful death matters. He is a member of the firm’s 24/7 Rapid Response team and is available to respond to accident scenes throughout Oregon, Washington, and Idaho.
Ed Niemi Oil Company v. Exxon Mobil, United States District Court (OR), (2016). Represented the former owner of petroleum bulk plant at the Port of Astoria in cost recovery action filed by the tenant/operator. Tenant/operator sought to recover investigation and remediation expenses and legal fees incurred in responding to Oregon DEQ’s unilateral order.
Monterroso v. Stanton, et al.,Multnomah County (OR) Circuit Court, (2014). Represented car hauler and its driver in a series of cases, including Monterroso, arising out a collision between the clients’ tractor and an occupied light rail train.
Shill v. Kendall, et al., Multnomah County (OR) Circuit Court, (2014). Represented car hauler and its driver in lawsuit arising out a sideswipe accident. Plaintiff alleged that the force of the impact caused permanent and disabling injuries, including the need for a cervical fusion.
Simpson v. TA Operating, LLC, Multnomah County (OR) Circuit Court, (2013). Represented travel center and its repair facility in a claim for negligence and products liability arising out of service performed on a heavy haul flatbed trailer. Plaintiff alleged that the client’s mechanic should have diagnosed a failing wheel seal, and that the seal ultimately failed and caused a wheel fire. Plaintiff was injured when the tire exploded while he was trying to extinguish the fire.
Roggow v. Harr, et al., United States District Court (OR), (2012). Represented tanker carrier and its driver in a lawsuit arising out of an accident where the clients’ empty trailer allegedly slid over the yellow center line while negotiating a bend in the road and collided with SUV traveling in the opposite direction. The plaintiff claimed various injuries, including a traumatic brain injury with permanency.
Miller v. J-M Manufacturing Company, Inc., et al., United States District Court (OR), (2009). Obtained a defense verdict for a flatbed carrier and its driver in a case arising out of an accident that occurred when a large sewer pipe telescoped and fell off the back of the clients’ flatbed trailer. The pipe was struck by an elderly couple in a motorhome, who each later underwent multiple back surgeries. The defense verdict was based on a showing that the driver had complied with all FMSCA load securement and load check requirements, and that the pipe unexpectedly came loose due to inadequate dunnage supplied by the shipper.
Estate of Laux v. Akebono Brake Industry Co., Multnomah County (OR) Circuit Court (2016). Obtained summary judgment in wrongful death/mesothelioma case in which plaintiff alleged the decedent had occupational exposure to motorcycle brakes over a 40-year time period based on absence of product identification and prior release of claims.
Estate of Murphy v. Akebono Brake Industry Co., King County (WA) Superior Court (2016). Obtained dismissal in wrongful death/mesothelioma case in which plaintiff alleged para-occupational exposure to motorcycle brakes based on lack of personal jurisdiction.
Estate of Nichols v. Kaiser Gypsum Company, Multnomah County (OR) Circuit Court (2015). Served on trial team in wrongful death/mesothelioma case alleging occupational exposure to joint compound on multiple residential construction projects. Case settled after opening statements.
Otis v. Pneumo Abex, LLC, Multnomah County (OR) Circuit Court (2014). Served on trial team in living mesothelioma case in which plaintiffs sought compensatory and punitive damages arising out of alleged exposure to brakes on cars and heavy trucks. Case resolved during the second week of trial.
Estate of Cornell v. Pneumo Abex, LLC, Multnomah County (OR) Circuit Court (2014). Served on trial team in wrongful death/ mesothelioma case in which plaintiff alleged exposure to brakes during shade tree mechanic work. Case resolved during pre-trial hearings.
Estate of Turner v. ON Marine, U.S. District Court for the Western District of Washington (2014). Served on trial team in wrongful death/mesothelioma case. Plaintiff alleged that decedent was exposed to asbestos-containing “hot tops” at a steel mill. Case settled on the first day of trial.
Estate of Heidecker v. Kaiser Gypsum Company, Spokane County (WA) Circuit Court (2013). Served on trial team in wrongful death/mesothelioma case in which plaintiff alleged that the decedent was exposed to joint compound while performing occupational drywall and joint compound work. Case settled after voir dire.

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This page describes how the website is managed in relation to the processing of personal data of users who access it. The processing is always based on principles of lawfulness and fairness in compliance with all current regulations; moreover, suitable data protection measures are used. This is a disclosure that is also provided pursuant to Art. 13 of Italian Legislative Decree 196/2003 and pursuant to Art. 13 of GDPR 679/2016 European Regulation on privacy, as well as pursuant to the provision concerning cookies no. 229 of 8 May 2014 to those who connect to the company website of SICIS (www.sicis.com). The information is provided only for the website mentioned above and not for other websites that may be accessed by the user through special links.
The above-mentioned website is owned and operated by SICIS SRL SINGLE MEMBER COMPANY, which guarantees compliance with the regulation on the protection of personal data.
This Disclosure fully describes the practices we have adopted.
The computer systems and software procedures used to operate this website acquire, during its normal operation, some personal data that are then implicitly transmitted in the use of Internet communication protocols. This information is not collected in order to be associated with identified data subjects, but by its very nature it could, through processing and association with data held by third parties, allow users to be identified. This category includes IP addresses or domain names of the computers used by the website users who connect to the website, the URI (Uniform Resource Identifier) of requested resources, the time of request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response from the server (success, error, etc.) and other parametres typical of the user's operating system and IT environment. These data are used for the sole purpose of obtaining anonymous statistical information on the use of the website and to check its correct functioning, and are deleted immediately after processing. The data could be used to ascertain responsibility in case of hypothetical computer crimes against the website: apart for this possibility, the data on web contacts do not persist for more than seven days.
If, upon connecting to this website, users/visitors send their personal data to access certain services, such as the registration in a contact form, requests for services, information, estimates, the optional, explicit and voluntary sending of emails to addresses indicated on the website, this involves the acquisition by SICIS SRL of the sender's address and/or any other personal data that will be processed solely to respond to the request, or to provide the service.
Personal data provided by users/visitors will be communicated to third parties only if the communication is necessary to comply with the requests of the users/visitors themselves.
Cookies are data created by a server that are stored in text files on the hard disk of your computer and allow the operation of this website, the use of a specific feature explicitly requested by the user or allow to improve the functioning of this website, like cookies that make browsing faster or show the contents of greatest interest to the user based on previous choices. Cookies may be permanent (so-called persistent cookies), but may also have a limited duration (so-called session cookies). This website uses both persistent and session cookies. The session ones are not stored permanently on your computer and disappear when the browser is closed. Persistent ones are used to customize browsing according to the tool used by the user (computer, tablet, smartphone) as well as third-party cookies that are used to analyse website accesses (e.g. Google Analytics) and to allow users to share the contents of the website through social networks (FB) or email (Add This). These cookies are stored permanently on your computer and have a variable duration.
h. carry out direct marketing via email for products and services similar to those requested by you (including: material or documentation downloadable on the website).
The legal basis of the processing of Personal Data for the purposes referred to in section a. and b. is Art. 6(1)(b) of the Regulation ("[...] necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract"), since the processing is necessary for providing services or for responding to requests by the data subject. Providing Personal Data for these purposes is optional, but any failure to provide it would make it impossible to activate the services requested or to meet your requests.
The processing performed for the marketing purpose described in section c. is based on you giving your consent pursuant to Art. 6(1)(a) ("[...] the data subject has given consent to the processing of his or her personal data for one or more specific purposes").
Any processing performed for the purpose of profiling described in section d. is based on your consent pursuant to Art. 6(1)(a) ("[...] the data subject has given consent to the processing of his or her personal data for one or more specific purposes"), which may be collected through specific checkboxes or the banner cookie, or on legitimate interest of SICIS SRL pursuant to Art. 6(1)(f) ("[...] processing is necessary for the purposes of the legitimate interests pursued by the controller"). Providing your Personal Data for these purposes is therefore entirely optional and does not affect the use of the services.
The processing of your personal data is carried out by means of the operations specified in Art. 4 Privacy Code and Art. 4 no. 2 GDPR and more precisely: collection, recording, organization, storage, access, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion and destruction of the data. Your personal data are subjected to both paper and/or automated processing.
The data will be processed by the Data Controller at its registered office and operational offices. The processing connected to the web services takes place at the company headquarters of the Data Controller and/or at the headquarters of the website's hosting and/or management company.
To third-party companies or other persons (accountant of the Data Controller for preparing financial statements, relevant accounting firm, third-party companies for the activation of licences purchased through the Data Controller and to fulfil the obligations arising from a contract, lending institutions, consultants, insurance companies etc.) that perform outsourced activities on behalf of the Data Controller, in their capacity as external Data Supervisors.
The data may be communicated to companies contractually linked to the Data Controller and, where necessary, also to persons inside and outside the European Union, in compliance with and within the limits of the applicable legislation. The data may be disclosed to third parties belonging to: judicial authorities, insurance companies, persons to whom the disclosure is mandatory by law for the accomplishment of said purposes, freelancers, persons performing controls, audits and certifications on behalf of the Data Controller. These persons will process the data in their capacity as independent Data Controllers.
Personal Data processed for purposes a. and b. will be stored for the time strictly necessary to achieve those same purposes. In any case, since this processing is performed to provide services, SICIS SRL will process the Personal Data up to the time allowed by Italian law to protect its interests (Art. 2946 of the Italian Civil Code).
Personal Data processed for purposes c. and d. will be processed until the revocation of your consent.
Personal Data processed for purpose e. will be kept until the time provided for by the specific obligation or applicable law.
Personal Data processed for purposes f. and h. will be processed until your opposition to this processing.
Further information about the data retention period and the criteria used to determine this period can be requested by writing to the following address: [email protected]. In any case, SICIS SRL reserves the right to keep your Personal Data for the time allowed by Italian law to protect its interests (Art. 2947(1)(3) of the Italian Civil Code).
g) oppose an automated decision-making process concerning individuals, including profiling.
The Data Controller guarantees the security, confidentiality and protection of the data they hold at every stage of processing.
The collected data are used in compliance with the current legislation on privacy (Italian Legislative Decree 196/2003 and GDPR 679/2016).
The Data Controller does not perform processing that consists of automated decision-making processes.
so-called persistent cookies, which remain on the user's device until a pre-established expiration.
c) functional cookies, which allow the user to browse according to a series of selected criteria (for example, language or products selected for purchase) in order to improve the service provided to the user.
Conversely, for "profiling cookies", i.e. those aimed at creating profiles relating to the user and used to send advertising messages in line with the preferences expressed by the user in the context of browsing the web, a prior consent of the user is required.
COOKIES can always be de-selected, and they can be authorized, blocked or deleted (fully or partially) through the specific functions of your browser: however, if all or some of the cookies are disabled, it is possible that the website will not be available or that some services or certain functions of the website will not be available or will not work properly and/or the user may be forced to change or manually enter certain information or preferences each time he visits the website.
The User's Personal Data may be used for a defence by the Data Controller, in court or in the stages leading to its final establishment, from abuses in the data's use or in the use of related services by the User. They can then be used for summons in court, judicial orders or other legal initiatives, in order to establish or exercise the rights granted to us by law.
This information is prepared in fulfilment of the obligations set forth in Italian Legislative Decree 196/2003 and the GDPR 679/16 Art. 10 of Directive no. 95/46/EC, as well as the provisions of Directive 2009/136/EC concerning Cookies.
This privacy disclosure only concerns this website.

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