Nathan selected to The National Trial Lawyers' Top 40 under 40

Nathan was recently named to the Top 40 Under 40 by the National Trial Lawyers. This group is a "professional organization comprised of America’s top young trial attorneys. Membership into The National Trial Lawyers Association: Top 40 under 40 is by invitation only and is extended exclusively to those individuals who exemplify superior qualifications, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research. The result is a credible, comprehensive and impressive list of young attorneys chosen to represent their state. 

"The Top 40 under 40 is restricted to only 40 attorneys per state per year and each attorney must be under the age of 40 as of January 1, 2012. Attorneys must also specialize in the areas of civil plaintiff or criminal defense law. Each candidate must also be in good standing with the state licensing board and must never have been subject to disciplinary action."

Individual inventors: clearing the hurdles

When we watch politicians talk about what makes America great, they often say something about American ingenuity. One example that easily comes to mind is Steve Jobs and Steve Wozniak making the first Apple computer in a garage. Now, Apple is the most valuable tech company in the world.

I get lots of calls from individuals who have an idea for a great new product or service and are looking to take the next step. Lots of these folks have different day jobs and are just looking to sell the idea. What hurdles do they face?

The first hurdle many people face with their idea is it is just that: an idea. This is one of the most common misconceptions about patents — patents protect inventions, not ideas. You have to describe an actual physical product or service in a patent application. That is, you have to know all the components it will take to build the invention and what the function of each component is. A person without a clear picture of how to make a product out of the idea doesn’t have enough information to get a patent.

The second hurdle is that many companies aren’t willing to invest in a new idea unless one of two things happens. First, you can sign a complete release letting them use your idea without paying you anything. This is like sending an email to your favorite software company and asking them to put a new feature in the next version of their software. They may do it, but you would have no claim to any money from the feature.

The second thing companies look for is a patent. Not a patent pending, but an actual patent. But why? A patent pending is not a guarantee that the government will grant a patent. Without a patent, the company would have nothing to protect the idea from copying by others. A company could hire a patent attorney to look at the pending patent application, but this requires a pretty significant cost, and many companies would rather let the individual get the patent first.

The third hurdle is that patents take a while to obtain and, for individuals who are pursuing one outside of a routine business research and development budget, they are also fairly expensive. However, the hard cost of a patent is small compared to the investment of time and money it takes to market a successful product. In order to get a company to buy a patent, an inventor needs to be prepared to make prototypes, go to trade shows, and pitch the product to as many people in the industry as possible.

Like any good investment, a patent is a long-term project that requires patience. It also requires lots of hard work. For people with good ideas and a clear marketing plan, a patent can be a great way to start a new business or to expand an existing one.

Report: Malpractice lawsuits don't drive high healthcare costs, administrative costs of insurance do

A recent Washington Post article summarized a new report from the International Federation of Health Plans on healthcare prices. The report concluded that prices are "far higher in the United States than anywhere else." Here were the things that caused prices to be so much higher:

• 21% of excess spending was caused by high administrative costs (underwriting, sales, and marketing), mostly by private insurance companies
• Preventable medical errors are higher in the United States than in any other developed country except Switzerland and New Zealand
• The United States badly trails Canada, Japan, Germany, Britain, France, Brazil, India, and China on 19 measures of health value scores, meaning that our citizens are generally unhealthier than those in other countries

One thing the article addressed was the effect of medical malpractice lawsuits on total U.S. healthcare costs. Fear of lawsuits is often cited as a reason healthcare costs are so high. However, according to the Congressional Budget Office:

• Aggressive reforms to the medical malpractice system "would reduce total national health care spending by about 0.5 percent." That's one-half of one percent, or fifty cents out of a hundred dollars.

No one likes high healthcare costs. However, in order to reign in those high costs, it seems like we should pick all the low-hanging fruit possible. If private insurers are soaking up nearly a quarter of the cost increases through high administrative costs, then their administrative processes should be streamlined or eliminated.

Chaney Firm team members accept awards for contributions to community

The Arkadelphia Alliance and Area Chamber of Commerce held its annual award banquet on March 1. Cindy Jackson, a Chaney Firm team member, was recognized with the Volunteer of the Year award for her tireless efforts for the Clark County Charitable Health Service. Cindy helped establish the Health Service, a donation-run nonprofit organization which helps more than 150 uninsured Clark County residents obtain medical attention through local providers. Cindy personally staffs the clinic two days a week. For more information about the Clark County Charitable Health Service, read an article published by our local paper here. Donations to help fund the service can be sent to Southern Financial Partners, 615 Main St., Arkadelphia, AR 71923 with the check marked “Clark County Charitable Health Service.”

Leah Sexton, another Chaney Firm team member, is the president-elect of the local chapter of Junior Auxillary. She was on hand for the awards banquet to help accept the Volunteer Organization of the Year award to Junior Auxillary. As a few examples of JA's contributions to our community, the annual Angel Tree drive raises enough money to provide clothing and toys to over 500 local children each winter. JA also throws a charity ball each spring to raise money for other community projects, including backpacks for schoolchildren. To donate, send checks to Junior Auxiliary of Arkadelphia, to P.O. Box 565, Arkadelphia, AR 71923.

Congratulations to Cindy and Leah! We are proud of you!

Help two Arkansas soldiers denied Purple Hearts after being shot by jihadist

UPDATE (4/16/2015): After several years and a change in legislation regarding the way Purple Hearts are awarded led by Arkansas Congressmen, Private Long and Private Ezeagwula were awarded the Purple Heart. You can read more coverage here.

A friend and colleague of ours is representing the families of soldiers who were shot by a Yemeni-trained terrorist in Little Rock in 2009. This trial lawyer is representing the families pro bono (without pay) because the Department of Defense is denying a purple heart to these soldiers, and this lawyer is trying to get the federal government to change its mind. Please support these military families by emailing or Facebooking your congressional team. Here is the contact information for my district:

Mike Ross' Facebook page
John Boozman's Facebook page
Mark Pryor's email contact form

Here is Channel 7's news coverage of the event:

Now, here is the letter from my friend and colleague, Tre' Kitchens:

Dear Mates,

I am proud to represent the families of the two soldiers who where gunned down by a terrorist outside the Army Recruiting Center in Little Rock on 6/1/09. Private Long lost his life and Private Ezeagwula still carries a bullet on his spine and will for the rest of his life.

The man who shot them was a Muslim terrorist who had traveled to Yemen from the US for terrorist training, was arrested in Yemen and interviewed by the FBI while in a Yemen jail, brought back to this country and interviewed again by the FBI, was able to walk into his local Wal-Mart and purchase a gun legally, and then shot these two soldiers as declared act of war for American "aggression" in the mid-east. He entered a guilty plea in State Court and the Feds never charged him.

The federal government has decided that these two soldiers were the victims of a drive by shooting, a "street crime", and not a terrorist act. Therefore, they are not entitled to a Purple Heart or other medal. This is important to the memory of Private Long who comes from a military family (mother, father, brother, grandfather, uncles, have all served or are serving our Country), and the continued care and treatment of Private Ezeagwula at the VA.

Tomorrow night on Channel 7, at 10, their story will air. I encourage you all to watch. Private Long's father, a life long Marine, has testified before Congress on this issue. Not recognizing these young men is wrong. It should be fixed.

If you know your Congressman or Senator, or anyone else in Washington, I encourage you to make a call. If you need more information let me know.

I am representing these families without a fee. I am doing it because its right and I anticipate that most of my friends on this list would do the same thing, and probably do a better job. I am grateful I work with someone who allows me to do these kind of things when it really matters, and that I'm part of an organization that cares.
Thanks.

Tre' Kitchens

The Brad Hendricks Law Firm
(501) 221-0444