Christmas in July!

We all know the magical feeling children have coming downstairs on Christmas morning to a boatload of presents nestled under a brightly lit tree.  This is how I feel on the first day of Major League Baseball's spring training every year, when the ballplayers trade the winter blues for the palm trees and cactus of Florida and Arizona. 

So you can begin to imagine the joy I'm feeling now that the Phillies are about to begin "Spring" training again, but this time, only about 25 miles from my New Jersey home.  Instead of booking a flight, hotel and rental car, I only need to pull out of my driveway and take the 30-minute drive to Philadelphia to watch the Phillies workout on one of the two Richie Ashburn fields at FDR Park. 

If you sprinkle in the fact that my sons' travel ballclub that I coach, the 13U SJ Braves, is only now just starting its Spring Season, you can see why I'm doubly excited.  Our ballclub will be playing the bulk of its games in the sultry summer months, which is "hittin' season" as former Phils skipper and World Series Champion Charlie Manuel says.  In 2020, our team will actually be the Boys of Summer. 

Play Ball! 

The Toxic Practice of Doxxing

Doxxing is the practice of maliciously publicizing private information about another on the internet.  It comes from the phrase "Dropping Documents" and has recently increased in frequency.

EXAMPLES OF DOXXING

Doxxing can take many forms, but often materializes as the publication of someone's home address, employer, or telephone number so that the target can be harassed en masse.   Once this information is initially publicized, within minutes it can be widely shared, liked and retweeted throughout the internet.  That cat is out of the bag, and you can find yourself receiving death threats, calls to your employer and the subject of vicious memes.  It is often done by organized groups with experience in getting the information "off the ground" and quickly into the social media of hundreds, if not thousands, of others.  A mob mentality can take over, making it extremely difficult to stop the doxxing attack.

LEGALITY OF DOXXING

Doxxing may constitute state-level felony cyber harassment or a federal crime for which the FBI has jurisdiction.  You should report the matter to your local law enforcement immediately, and possibly to the FBI as well.  Do not take the matter into your own hands by responding to the Doxxer, or to others associated with the Doxxer.

Once law enforcement has been notified, contact an attorney who is well-versed in this area in order to protect your rights civilly, as well as to serve as a liaison between you and law enforcement.  Ideally, your attorney will have experience handling issues related to criminal law and the internet.

HOW TO PREVENT DOXXING

There is no one full-proof way to avoid being a victim of doxxing, but you can go a long way to avoid being a victim by following three simple steps:

1.   Ensure all of your electronic usernames and passwords are kept in a secure database and themselves are sophisticated enough to be difficult for someone to guess.  For instance, avoid passwords that include your name, address, birthday and make of your automobile.

2.  Password protect your phone or computer and do not leave them accessible to any other people.

3.  Avoid posting controversial opinions about a subject of intense public concern if you are not prepared to accept a social media backlash that may include doxxing attempts against you.

If you have been the victim of doxxing or cyber harassment, feel free to call me at (856) 218-7070 and I'm happy to chat with you about the legal options available to protect you.

Winning Your Municipal Court Case

There are several factors that can greatly influence your chances of being successful in Municipal Court.

GET ALL YOUR RECORDS

First, make sure you have all of the official records that pertain to your matter.  This is called your discovery.  In addition to the testimony of police officers, witnesses, or the complainant, the discovery will be what the Prosecutor will use to try to convince the Court of your guilt.  The sooner you request and receive your discovery from the Prosecutor or the Police Department, the better prepared you will be when it is time to appear in Court.

CONFIRM YOU COURT DATE

Sounds simply, right?  You might be surprised at how many defendants fail to appear for the Court date, and have warrants for their arrest issued as a result.  Don't be that person.  If the address on your driver's license isn't your current address, make sure you notify the Court of your correct address so that you receive the Court notices they are sending out.  Court dates are often changed, and you need to know this.

KNOW THE LAW OF YOUR CASE

Make sure you've researched the law surrounding the facts of your case, so you are prepared to present to the Court why it is that you should be acquitted.  The Prosecutor will be well-versed in this, so you need to be ready.  If your case presents a novel legal issue, this will be an opportunity for you to argue as to why certain other cases that were previously decided tend to help you in your case, even though your issue is different.  Essentially you could be arguing for an extension of a law to include the facts relevant to your case.

BE COURTEOUS TO EVERYONE INVOLVED

The Golden Rule applies here.  Our court system is adversarial in nature, but that does not mean that you should treat people discourteously.  Understand that everyone has a part to play, from the Judge to the Prosecutor to the Court Staff to the Police Officer to the other party.  Nobody especially wants to be there and everyone could be spending their time more productively.  Treating the people you come into contact with courteously and respectfully, even when you disagree on very important matters, will go a long way to help achieve the best result possible.

IF AT ALL POSSIBLE, HIRE AN ATTORNEY

Only an attorney-at-law who is well versed in the court system and the law can provide you with the best possible chance of obtaining a good outcome.  There are myriad rules of evidence, rules of procedure, caselaw and statutes which govern every case.  It is almost impossible for an unrepresented person to navigate these waters as well as an attorney (well, most attorneys!).  If you can afford to hire an attorney, do so.  If you truly cannot afford to hire an attorney, the Court may be able to appoint a Public Defender to represent you at little to no cost.  And yes, a Public Defender is often a very good attorney -- although they are usually forced to handle dozens and dozens of cases each court session, and may not be able to give you the same devoted attention as a private attorney.

We are here to help.  Feel free to call Chris for a free consultation, (856) 218-7070.

It's Time to Stand Up, America

So far, 2020 has not been such a great year.  Agreed?

We began with such high hopes, as we almost always do.  Our last New Year's Eve celebration didn't look any different than the ones before.  There was talk of some virus emanating from Wuhan, China, but it really was just talk....

Fast forward to today.  Most of America was closed for a few months.  We are wearing masks and social distancing in public.  Thousands and thousands of Americans have stood up in a generation-defining moment akin to the civil rights era in the 60's to protest racial injustice and inequality.  The United States Military has been protecting the White House and beating back protestors.
The social tumult and financial devastation has been head-spinning.  Next to enter the ring:  the political uncertainty of a Presidential general election.

It's enough to make you want to be put in hyper sleep until 2021.

But now is the time to do the opposite.  Now is the time to engage like you've never engaged before.  Now is the time to stand up.

Standing up doesn't mean arguing, or fighting, or even being disagreeable.  Sometimes it may mean any of those three things, but mostly it's about listening and understanding.  It's about giving your fellow American a break, and trying to understand what it's like to walk in their shoes.  It's about treating others the way you want to be treated, and seeking justice for your fellow American when that doesn't happen.

If you take 20 random people off the street, and ask them their opinion about various hot-topic items of the day, you're likely to get many different opinions.  That's just the nature of being human.
But if you ask them if they love their children, they'll all say yes.  If you ask them if they want to be safe, they'll all say yes. If you ask them if they enjoy laughing and smiling, they'll all say yes.
We all have a lot more in common than we don't.  Astronauts who have traveled into space often remark how the Earth is one big blue-green ball that doesn't differentiate between countries, cultures, religions or ethnicities.  Those differences are only what we choose to make of them.  We are all human, with the same basic wants and needs.

In a deeply divided nation, it is time for all of us to stand up and defend the basic values that we hold dear:  the right to be free from oppression and the right to hold those to account that oppress us.
We will disagree on things.  We will not always make the right decisions.  We will not always hit our mark.

But the arc of history bends toward justice, and we must continually and passionately seek this in our actions every day.

So stand up.  Make your voice heard.  But most importantly, listen to what others are saying.  Find ways to bridge ideological gaps.

Find ways to humanize those you disagree with, and they will find ways to humanize you too.

We must work together to heal the divides in this Country.  Our Founders did not envision a country that looked a certain way, sounded a certain way, worshipped a certain way, or acted a certain way. They simply envisioned a land that was free and a people that were brave.

Stand up.  Be Brave.  So we can remain free.

RIP Philly Phantic??

For those of you, like me, who have suffered some sleepless nights over the death of the Philly Phanatic, here is my somewhat-professional-total-guess-yet-quite-possible analysis of what’s happened, happening and going to happen (SPOILER ALERT:  IT ENDS WELL).

First, some retrospective:  The Phanatic was created by two people (one of whom is renowned for creating the Muppet “Miss Piggy” in the 70’s).  These two people properly registered the Copyright for this bipedal non-flying being, and in fact still own the copyright.  They did, however, license the use of the Phanatic to the Phillies.  But, again, they still own the copyright. 

Under Federal Law, the owner of a copyright has the right to renegotiate the value of the copyright after 35 years.  It is my understanding that the two owners of the copyright notified the Phillies a few years ago that they did not want to extend the licensing agreement and wanted the exclusive use of their copyright back, as federal law permits them to do (they did this just to strengthen their negotiating position for the Phanatic’s value; this law is in place in recognition that the value of a copyrighted work can sometimes increase exponentially (just as has happened here), and that requiring the copyright owner to be bound by the original licensing agreement would be unfair an unjust).  The Phillies responded by filing suit in federal court against the copyright owners, claiming that the increase in the Phanatic’s value was based upon their animation of the Phanatic, i.e., bringing him to life through the humans inside, as well as their marketing of the Phanatic.  My guess is that this argument has been unavailing thus far in Court. 

This brings us to now.  With the licensing agreement officially expiring in June of this year, the Phillies are trying to thread a very, very narrow needle by (1) changing the Phanatic so that they are not in violation of federal copyright law, but (2) not changing him so much that the Phillies fans are shocked, disgusted and don’t even recognize him anymore.  Today’ reveal, 3+ months out from the expiration of the licensing agreement, is a trial balloon to see how the fans and the original creators react.  And for the reasons explained below, I predict today’s trial balloon will fail miserably. 

You can’t pacify both the original creators and the fans at the time time.  Either the Phanatic remains substantially similar to what it has been for decades (a description that law would describe as “Confusingly Similar”, which would be a violation of the copyright), or the Phanatic will look so completely different that no reasonable person could confuse this Phanatic with the old Phanatic (in which case the Phillies fans will revolt).

The result:  the current “experiment” with altering the Phanatic will fail – by pissing off the creators, or the fans, or quite possibly both -- the Phillies will be forced to renegotiate their agreement with the original creators, the  Phils will ultimately pay the creators many millions of dollars (if you feel bad about this, consider how may millions the Phillies are still paying Odubel Herrera), and the Phanatic will return to the large, green, fuzzy, silly, loveable creature we’ve all fallen in love with. 

Because he’s worth it.  

Children of Spring No More

     In just three short days, my twin boys Jacob and Josh will play their last Little League game.  This thought snuck up on me quickly, like a small child with a water gun waiting stealthily just behind the corner, spraying you with a cold jet of reality when you least expect it.  You see, I’ve been busy coaching the twins on their travel baseball team, and oh yeah, in between travel baseball and little league baseball practice and games, I’ve been working on these things called having a “life” and a “job”, so sometimes I miss the forest for the trees.  
     Possibly the fact that the boys’ team has had a wonderful season…a thus far undefeated season…and the fact that they’re playing for the Championship on Monday has also blinded me to the bigger reality that this is the last game they will play on a little league field.  
     As my mind worked to process this fact tonight, memories flooded back from the beginning of their baseball days.  
     Their first catch with Dad was around the same time they took their first steps.  I would sit on the floor or the couch with Jacob or Josh just a few feet away and toss a hacky-sack type ball to them underhanded.  The ball would bounce off their belly more times than not, with their hands a second or two too slow (sometimes that still happens at the age of 12).
     We progressed to their first work on a “diamond”, which was actually our family room and kitchen, with the refrigerator at the far end of the kitchen substituting as second base. First base and third base had not entered their minds yet, so upon hitting a pitch they’d run straight for the fridge, touch it, turn around and run straight back to the family room where they’d safely slide home.  
     Eventually, that fateful day came when the twins “got the call”.  Baseball people know what this means.  Yes, they were on their way to T-Ball!
     This is where things got interesting and my life really changed.  The mistake I made was thinking that I was simply taking them to their first T-Ball practice and dropping them off.  Little did I know that this fateful decision would seal my fate for the next 7 years of thousands of hours of coaching during hundreds of practices and hundreds of games.  
     You see, as we arrived at the “ballfield” (more on that in a moment) and it came time for Jacob and Josh to shuffle off with their brand new (read: strangers!) team and coaches, they decided to have a nuclear meltdown.  My wife and I reluctantly acknowledged that the antidote to these disastrous fits was for me to stay with them, so I walked up to the coach’s team huddle with the twins.  
     Walking up to the huddle turned into having catch which turned into throwing BP which turned into coaching which turned into coaching travel ball which turned into Little League which turned into……
     ….their last Little League game in 72 hours.
     In the Fall, the twins will move up to a Big-League sized field.  Bases 90 feet apart, pitchers’ mound a precise 60 feet 6 inches from home plate, outfield fences around 330….I have been saying for some time now, “It’s time to move to a big league field, we’re ready” about my travel baseball team. And the truth is, they are ready.  It’s just me who’s not.
     I want to hold on to the precious memories of a T-ball field that really was just a field.  A field with no dirt, no dugouts…a field with trees in the middle of the goddam field.  I want to see a ball (very gently) hit to short, with the entire infield and outfield going for it like the ball is magnetized with a positive polarity and all the fielders are negatively charged.  Here was proof that the great magic and allure of baseball had already quickened in them. 
     I want to see their hats on crooked and their gloves falling off their hands because their glove is too big and their hand so small.  I want to see a kid hit the ball off the tee and run to third base for Christ’s sake.  I want the third baseman to point to the kid running the wrong way and tell him to go the other way while all the parents and coaches are yelling the same thing, so the kid gets confused and keeps running to third.  And I want the pitcher to field the ball and throw it not to first, but right at the runner because wiffle ball rules was all they knew until then. 
     It was only a slight step up from backyard ball, and only because many of the instrumentalities of “organized” baseball were there:  there was a full team, and coaches, and equipment.  But organized it was not; it was more like controlled chaos.  
     But I have to face the inexorable truth that this is ending.  While there’s no time limit on a baseball game, there are limits on games, and in once sense, my boys have reached theirs.  It is sad and wondrous and melancholy and joyful all wrapped up together.   
     We are now headed to that in-between time, that vast wasteland of baseball where most players languish and die, that time between “little” and “big” leagues.  I do not know what good or bad this will bring for my children, me, and our family, but I do know that it will bring baseball, and that is good enough.  The game of baseball is not perfect, the game of baseball is hard, and the game of baseball can be brutal and unforgiving.  But, it is like life in that way, and in many other ways, because the game ultimately gives much more than it takes through memories and friendships and teammates and shared sacrifice and fun and yes, winning.  Let there be no question: while the beauty in baseball lies in its arcs and shapes and sounds, at the end of the day, the game of baseball is about winning.  But it’s not always about putting the “W” in the win column, it’s more about persevering.  Because those who persevere are always winners.  
     So, this is how it ends.  And I’m ok with that.  Because you can’t have new beginnings without an ending.
     Boys of Summer.....time to Play Ball.

Delicate Flower?

Phillies' reliever Pat Neshek has come under fire in the past few days for being unable to pitch in a game.  He's a side-armer/borderline submariner speciality reliever who can't always "go" even when he hasn't pitched much recently.

Phils' manager Gabe Kapler, when interviewed by 94.1 WIP's Angelo Cataldi this morning, said that it was his choice not to put Neshek in during a critical late-inning situation in which another less-bankable Phillies reliever coughed up the lead.  It was obvious to discerning listeners, however, that Kapler was covering for Neshek, and that Neshek had advised Kapler he couldn't go.  Why is that obvious?  Because no manager would ever not put the right guy in that spot unless the manager was told the pitcher couldn't do it.

Armchair baseball experts cried foul across the Delaware Valley.  C'mon, they screamed, we only needed him for one inning, and he hadn't pitched an inordinate amount of innings recently.  What's the big deal?

Newsflash:  The big deal is that we are dealing with a professional baseball player playing at the top of his game against the best hitters in the world.  We're dealing with strict game-day routines and off-day workouts that run like clockwork.  For whatever reason, Neshek knew something was off and he just couldn't pitch effectively.  And for him to have pushed himself in that situation, barely 1/4 of the way into a long season, would have been baseball malfeasance.

Another tidbit that factors in here:  the reason Neshek utilizes an awkward-looking sidearm throwing style is because of an arm injury he suffered in high school.  This is a guy that knows his body and knows how to bounce back from a serious injury effectively.  He's very likely also a guy that knows how to avoid future injuries, or at least minimize their likelihood.

When Neshek talks, we should listen.

And try to understand.

Fighting for Camden

     There's been a lot of smoke, but no fire, concerning the State's Economic Development Authority and its awarding of tax credits to businesses.  Most of the bluster has been centered around businesses relocating to Camden, New Jersey, one of the poorest and most crime-ridden cities in the Country.  And most of the attention has been focused on George Norcross.  For the uninitiated, Norcross is the State's strongest, albeit unelected, political and governmental figure.  If Norcross wants something to happen, it happens.  If he doesn't, well....it doesn't.  Period, full stop.  

     As the argument goes, Norcross and those aligned with him have reaped a large share of the available tax credits.  These tax credits were designed to help impoverished cities like Camden, but have done little to help the city, the naysayers allege.  While the businesses relocate to Camden, they simply import their suburban workers into Camden from 9am - 5pm weekdays, and the workers do little to little to help the City like eat there, play there, and live there.  

     The doubters and naysayer's arguments are totally off the mark.  

     First, George Norcross has done more to advance the cause of the City of Camden than any single man in history.  He has invested his time, his money, and his reputation on the City.  He has supported charitable endeavors in the City.  He has focused on what he states are the two most critical areas of success:  lowering the crime rate and increasing the graduation rate of Camden's students. And he has done so successfully, from the takeover of the City's former ineffective police force by the County to the statistics that demonstrate that Camden's students are performing and now graduating at a rate not seen in decades.  

     Politicians on both sides of the aisle, from former Governors Florio and Corzine to Christie, have all lauded the tax incentive program and Norcross' role in shepherding Camden's renaissance. Critics point to the past investigations into Norcross (his phone was tapped by federal authorities as recently as a few years ago) and his vast control of party politics in New Jersey as reasons we should question the doling out of these tax incentives, but, as the saying goes, to the victor goes the spoils....and no one likes a rotten loser.  

     Perhaps it would be worthy of our time to focus on and question the tax incentive critics and Norcross enemies, and ask why they would be opposed to incentivizing businesses and people to work in Camden?  The answer is simple:  because they benefit from the old status quo of a Camden mired in corruption.  

     These people are picking a fight with the wrong guy for two reasons:  first, because Norcross is someone they should be lauding for his work to help Camden.  

     Second, because, as the axiom goes:  Never bring a knife to a gun fight.