Trump, the Court, and Subpoenas

May 12, 2020

Trump, the Court, and Subpoenas

trump court subpoenas

Mark Rubin

The U.S. Supreme Court heard three cases during two oral arguments today. Here’s the C-Span link.

Two cases involved subpoenas directed to Mazars (an accounting firm which provided services to Donald Trump and his entities) and Deutche Bank (purportedly, the only money center bank which still deals with the Trumps and their entities). The other case involves state law claims which a New York County (Manhattan) grand jury intends to investigate.

I have thoughts. Really, you say? A top 40% law student – TBT, 57th percentile, ranked just behind my law school roommate, with a practice which mostly involves elder law and real estate – intends to spout off on Con

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Michael Flynn: The Dismissal and What Might Happen    

May 7, 2020

Flynn: The Dismissal and What Might Happen

Michael Flynn

Mark Rubin

 

Today, the Justice Department announced its intent to dismiss its case against Michael Flynn. Recall that the United States of America charged Mr. Flynn with a violation of 18 U.S.C. § 1001 (False Statements). Mr. Flynn’s sin: lying to the FBI about contacts with Russian governmental officials before January 20, 2017.

Mr. Flynn pled guilty, cooperated with the government for a while for the purpose of lessening his sentence and, on January 14, 2020, filed a motion to withdraw his guilty plea. Now, the government says never mind and more – the Justice Department has trashed the FBI and President Trump accuses the Obama Administration of treason, even though

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Notes From the Isolation Ward aka Home

April 4, 2020

Notes From the Isolation Ward aka Home

isolation ward

Me, before COVID-19

Hey there! I hope you all are well and safe. Apologies for not posting for 2+ weeks.

Sheltering in Place

I am sheltering in place. Our terrific crew at the office got me set up completely at home. Everything works, and I want for nothing (on the work side of life.) Well, not exactly! My office phone sits on my desk at home courtesy of something called … VOIP! And it rings. Often! Even when I call the office from it. Such troubles!!!

Personally, sheltering in place works. I’m writing on Saturday. I bought produce at 7:15 a.m. at Cardenas, where they reserve the 7 a.m. hour for old people

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Rubin & Bernstein PLLC – An Update

March 18, 2020

Rubin & Bernstein PLLC – An Update

R&B update

Mark Rubin

I’m embarrassed! Rubin & Bernstein PLLC celebrates – can we celebrate anything, other than a youngster’s birthday, in these times? – our second anniversary on May 1, six weeks from now. Still, we don’t have a working website for the firm we treasure. So, here at my Leftie site aka the place where I provide The Word, I’m providing an update.

In theory, I sent myself home more than a week ago. I heard what seemed like a directive to be home if you’re 60+. I was an early adapter, but Life Happens and today, Wednesday, March 18, was really my first day away from the office. (A foolish grocery store

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The Equal Rights Amendment: Torn

January 15, 2020

The Equal Rights Amendment: Torn

equal rights amendment

Mark Rubin

On January 15, 2020, the Virginia legislature ratified the Equal Rights Amendment. Both legislative bodies passed it. (Candidly, I can’t figure out whether Governor Ralph Northam has any role in the ratification process. I think not, but I’m not sure.)

Congress passed the ERA when the Senate approved it on March 22, 1972. (I was 14 and now I’m 62, for whatever that’s worth.) The amendment gave the states seven years to ratify it. Later, Congress passed an extension of the deadline from March 22, 1979 to June 30, 1982. By June 30, 1982, 37 states had ratified the ERA; however, by the same deadline, five states from among the 37 revoked their

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Due on Sale / Transfer Provisions

September 24, 2019

Due on Sale / Transfer Provisions

due on sale / transfer

Mark Rubin

Many among us owe money to a lender, secured by real estate. Think about buying a home and obtaining a mortgage or getting a HELOC (home equity line of credit). The property represents collateral, which the lender can acquire by foreclosure to repay the loan.

The lender has certain rights. These rights are set out in: (a) the promissory note, which is the document that contains the promise to repay the borrowed amount, with interest; and (b) the deed of trust or mortgage, the document which deals with the lender’s foreclosure rights.

Deed of trust v. mortgage? The instruments have different structures, and the deed of trust gives the lender a speedier

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Mark Rubin and The Best Lawyers in America©

August 16, 2019

Mark Rubin and The Best Lawyers in America©

best lawyers

Mark Rubin

I’m as pleased as Punch because I’m listed in the 26th edition of The Best Lawyers in America©. Per Best Lawyers®, it recognizes roughly 60,000 U.S. lawyers, from among more than 1.3 million active lawyers. One in 20 or so!

Best Lawyers® listed me for my Ethics and Professional Responsibility Law practice. Ethics and Professional Responsibility Law, aka the Law of Lawyering, represents a small part of my practice—which focuses most heavily on business, real estate, elder law, and fiduciary work—but it’s a part of my practice I’m very proud of. (For more on what this area of law is all about, read Ethics Law

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(More) Complete Estate Planning

April 3, 2019

(More) Complete Estate Planning

estate planning

Mark Rubin

Four years ago I wrote Complete Estate Planning. I focused on some of what needs to be done, over and above having a lawyer prepare a fancy-dancy set of documents. Now, I’m back with fresh thoughts on the nuts and bolts of truly planning for what happens when you’re gone.

We learn from our experiences and our errors. The past can help us avoid bad outcomes.

Older people often have annuities or life insurance. These products can serve useful purposes although, in too many cases, annuities purchased later in life offer more benefits for the selling agent than the purchaser. That issue aside, we see plenty of situations in which the policy owner

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Affordable Care Act … Redux -dux -dux -dux

December 15, 2018

Affordable Care Act … Redux -dux -dux -dux

affordable care act
Mark Rubin

Just when you thought it was safe …” it’s not! Late on Friday, December 14,2018, U.S. District Judge Reed O’Connor issued a 55-page Memorandum Opinion and Order in Texas v. United States, Case No. 4:18-cv-00167-O, filed in the District Court for the Northern District of Texas.

Texas, along with 19 other states, sought a finding that, with the elimination of the penalty for failing to purchase health insurance, the ACA aka Obamacare violates the U.S. Constitution. The argument? Here it is:

  • In NFIB v. Sebelius, Nos. 11-393, -398, and -400, a bare majority of the U.S.Supreme Court held that because the ACA regulated inactivity—the decision to not
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The Ninth Circuit: A Tiresome Trope

November 28, 2018

The Ninth Circuit: A Tiresome Trope

the ninth circuit

Mark Rubin

The United States Court of Appeals for the Ninth Circuit exists. For real! But it’s also a tiresome trope, and just the sort of stand-in you’d expect from Tiresome Trump our president, Donald J. Trump.

Last week’s rant was just that: a rant. POTUS didn’t like a decision from a U.S. District Court judge from California, one of the states which comprise the Ninth Circuit. So, “Obama judge” and this gem, from a 5:21 a.m. tweet on Thanksgiving Day:

Justice Roberts can say what he wants, but the 9th Circuit is a complete & total disaster. It is out of control, has a horrible reputation, is overturned more than any Circuit in

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