DRA bulletin - New CRB Regulations Clearly Embrace Fair Competition - CSRNation2024-03-28T21:08:36Zhttps://csrnation.ning.com/forum/topics/dra-bulletin-new-crb-regulations-clearly-embrace-fair-competition?commentId=1736041%3AComment%3A1284897&feed=yes&xn_auth=noI agree, Amanda. It is impor…tag:csrnation.ning.com,2013-10-21:1736041:Comment:12853912013-10-21T11:16:35.193ZLisa Migliore Blackhttps://csrnation.ning.com/profile/LisaMigliore
<p>I agree, Amanda. It is important to avoid the appearance of impropriety, and if a court reporting firm has many reporters and staff sending gifts to an attorney, their paralegal, their legal secretary, and the CR firm has multiple clients within a firm, the amount of gifts can add up exponentially. </p>
<p>Salesperson brings a $100 in gifts to the attorney and their two support staff ($300). The firm owner sends a $100 gift basket to the same folks ($300). Let's say a scheduler sends the…</p>
<p>I agree, Amanda. It is important to avoid the appearance of impropriety, and if a court reporting firm has many reporters and staff sending gifts to an attorney, their paralegal, their legal secretary, and the CR firm has multiple clients within a firm, the amount of gifts can add up exponentially. </p>
<p>Salesperson brings a $100 in gifts to the attorney and their two support staff ($300). The firm owner sends a $100 gift basket to the same folks ($300). Let's say a scheduler sends the same amount ($300). Let's assume the court reporters brings in $100 of cookies in over the course of the year to everyone for the sake of easy math ($100). That's $1,000.</p>
<p>If a CR firm has 10, 25, or 100 clients at a law firm, those figures can add up fast and certainly should raise eyebrows with the public and perhaps managing partners at law firms, the bar, and the IRS.</p>
<p>Georgia proposed changes last year to its gifting rules and regulations with a limit of $250 per entity. I'm not sure if those were approved. Good idea, in my opinion.</p>
<p>NCRA recently raised the aggregate amount to $150. My understanding is there is no "entity" limit. Maybe that's something that can be addressed as a concern to COPE or at the next NCSA meeting by a proposed resolution.</p>
<p></p> THANK GOODNESS, if that's the…tag:csrnation.ning.com,2013-10-20:1736041:Comment:12854742013-10-20T18:17:38.568ZAmanda Leighhttps://csrnation.ning.com/profile/AmandaLeigh
<p>THANK GOODNESS, if that's the case. That makes sense--$100 per person was a bit extravagant, IMO.</p>
<p>C'mon, Texas! :)</p>
<p>THANK GOODNESS, if that's the case. That makes sense--$100 per person was a bit extravagant, IMO.</p>
<p>C'mon, Texas! :)</p> I just got a email clarificat…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12850632013-10-14T17:02:59.220ZMartha Rhttps://csrnation.ning.com/profile/MarthaRuble
<p>I just got a email clarification from the CSR Board of California. There was a change made to the code regarding $100 limit on gifts. T<span>he main change to the regulation is a clarification that the $100 limit pertaining to gift giving or receipt applies to an entity and not to every individual within an entity.</span></p>
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<p><span>So that is more restrictive, if I am reading this correctly. Plus it's in the aggregate. All those cookies add up over time.</span></p>
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<p>I just got a email clarification from the CSR Board of California. There was a change made to the code regarding $100 limit on gifts. T<span>he main change to the regulation is a clarification that the $100 limit pertaining to gift giving or receipt applies to an entity and not to every individual within an entity.</span></p>
<p></p>
<p><span>So that is more restrictive, if I am reading this correctly. Plus it's in the aggregate. All those cookies add up over time.</span></p>
<p></p> The public commentary on the…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12848972013-10-14T07:34:32.596ZLisa Migliore Blackhttps://csrnation.ning.com/profile/LisaMigliore
<p>The public commentary on the AZ matter illustrate that really well. My personal commentary is available among them and on my website. </p>
<p>The public commentary on the AZ matter illustrate that really well. My personal commentary is available among them and on my website. </p> Lisa, can you illustrate what…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12849572013-10-14T01:51:17.877ZLisa O'Sullivanhttps://csrnation.ning.com/xn/detail/u_1xulkcyjwrslf
<p>Lisa, can you illustrate what you mean by "the public good" outweighs a corporation's Constitutionally guaranteed right to profit? Genuine question.</p>
<p>Lisa, can you illustrate what you mean by "the public good" outweighs a corporation's Constitutionally guaranteed right to profit? Genuine question.</p> The argument I've heard, Mary…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12848332013-10-14T01:27:57.996ZQuyenhttps://csrnation.ning.com/profile/QuyenNDo
<p>The argument I've heard, Mary Jo, is a technicality in that the CR firms are not technically providing <em>court reporting</em> services. That's why most, if not all, court reporters in California are independent contractors and not employees. The CR firms are contracting with court reporters to perform the actual service of court reporting. The firms take their cut, and that cut is for production, overhead and whatever operating expenses. Right or wrong, I don't know, but it makes sense to…</p>
<p>The argument I've heard, Mary Jo, is a technicality in that the CR firms are not technically providing <em>court reporting</em> services. That's why most, if not all, court reporters in California are independent contractors and not employees. The CR firms are contracting with court reporters to perform the actual service of court reporting. The firms take their cut, and that cut is for production, overhead and whatever operating expenses. Right or wrong, I don't know, but it makes sense to me. Yes, it's semantics, but as is often the case, litigation is a battle of semantics.</p> The laws don't preclude out-o…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12848962013-10-14T01:02:05.039ZLisa Migliore Blackhttps://csrnation.ning.com/profile/LisaMigliore
<p>The laws don't preclude out-of-state agencies from conducting business in the state; the borders are open to all-comers--but in-state and out-of-state agencies have to comply with rules and regulations for the business they do conduct there--not unlike the requirements for practice of law or medicine. </p>
<p>I've stated many times before, there are laws that govern and regulate the way many businesses conduct themselves for the public good. The most prominent examples are cigarette…</p>
<p>The laws don't preclude out-of-state agencies from conducting business in the state; the borders are open to all-comers--but in-state and out-of-state agencies have to comply with rules and regulations for the business they do conduct there--not unlike the requirements for practice of law or medicine. </p>
<p>I've stated many times before, there are laws that govern and regulate the way many businesses conduct themselves for the public good. The most prominent examples are cigarette companies and pharmaceutical companies. Sure, it probably costs cigarette companies millions and millions of dollars because they can't market with cartoon characters, ads that would make smoking more desirable to children. But the public good far outweighs a corporation's right to profit. </p>
<p> </p> But seriously, do you not see…tag:csrnation.ning.com,2013-10-14:1736041:Comment:12850522013-10-14T00:35:14.643ZLisa O'Sullivanhttps://csrnation.ning.com/xn/detail/u_1xulkcyjwrslf
<p>But seriously, do you not see the issue of Constitutionality re interstate commerce? Interested in hearing your take.</p>
<p>But seriously, do you not see the issue of Constitutionality re interstate commerce? Interested in hearing your take.</p> I think it's a weak argument…tag:csrnation.ning.com,2013-10-13:1736041:Comment:12848812013-10-13T18:45:53.611ZLisa Migliore Blackhttps://csrnation.ning.com/profile/LisaMigliore
<p>I think it's a weak argument anyway, but if U.S. Legal, Esquire, Merrill, Veritext are doing business in California, why, oh why, can't Magna?</p>
<p>Veritext, U.S. Legal, and Esquire made public commentary in the AZ public commentary, stating that they conduct business in Arizona, over state lines. I think that only weakens Magna's case personally. Sounds to me like Magna can't compete on a level playing field with its large competitors or its small ones.</p>
<p>Congratulations to…</p>
<p>I think it's a weak argument anyway, but if U.S. Legal, Esquire, Merrill, Veritext are doing business in California, why, oh why, can't Magna?</p>
<p>Veritext, U.S. Legal, and Esquire made public commentary in the AZ public commentary, stating that they conduct business in Arizona, over state lines. I think that only weakens Magna's case personally. Sounds to me like Magna can't compete on a level playing field with its large competitors or its small ones.</p>
<p>Congratulations to California for closing an obvious loophole.</p> I wonder whether Magna will n…tag:csrnation.ning.com,2013-10-12:1736041:Comment:12848172013-10-12T19:03:10.123ZLisa O'Sullivanhttps://csrnation.ning.com/xn/detail/u_1xulkcyjwrslf
<p>I wonder whether Magna will now sue the California board as they've sued the Arizona board for interfering with interstate commerce.</p>
<p>I wonder whether Magna will now sue the California board as they've sued the Arizona board for interfering with interstate commerce.</p>