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Your Very Own Wikileaks Scandal

Prior to the tragic shooting in Arizona, the airwaves were dominated with the Wikileaks saga, and the brouhaha caused by the release of classified diplomatic cables. The real damage caused by the leaked cables does not appear to be the unmasking of top secret, cloak-and-dagger spy novel stuff. The damage, it appears, is that other nations suddenly became privvy to what our government and our diplomatic officers think about them.

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With the ever increasing liability for injury to guests being imputed to the hotel or restaurant when in fact the injury stems from the actions of a third party vendor being utilized by the hotel or restaurant, it is important to carefully consider who is being hired to perform work at your establishment. Below are twelve items to bear in mind when selecting a vendor.Continue Reading Third Party Contracts, Independent Contractors, and other Agents in the Hospitality Industry

The Third Circuit Court of Appeals which includes the U.S. Virgin Islands, has affirmed the dismissal of class action claims against cell phone manufacturers and retailers of wireless handheld telephones alleging they are unsafe to use without headsets because holding the antennas next to the head purportedly exposes the user to dangerous levels of radio frequency (RF) radiation. Farina v. Nokia, Inc., No. 08-4034 (3d Cir., decided October 22, 2010).    

Continue Reading Third Circuit Rules Cell Phone RF Litigation Federally Preempted

The Federal Communications Commission (FCC) has proposed new rules that would require cell phone providers to provide usage alerts and related information to assist consumers in avoiding unexpected charges on their bills. The proposed rules would give consumers alerts, tools, and information to assist them in making decisions about their cell phone plans.   

The FCC stated that cell phone “bill shock” is a growing concern for consumers. According to an April-May 2010 FCC survey, 30 million Americans, one in six cell phone users, have experienced “bill shock.” The FCC is proposing rules that would require cell phone companies to provide consumers with simple alerts both before and when they incur overages. The FCC proposes that consumers be provided with basic information that would allow them to control their cell phone costs.

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The Board of Directors of the Fellows of the American Bar Foundation has elected Virgin Islands Attorney Tom Bolt, Managing Attorney of the St. Thomas firm of BoltNagi PC to serve as State Chair  for the United States Virgin Islands. The Fellows is an honorary organization of attorneys, judges, law faculty and legal scholars who have been elected by their peers for demonstrating outstanding achievements and dedication to the welfare of their respective communities and to the highest principles of the legal profession.Continue Reading American Bar Foundation Appoints Virgin Islands Attorney State Chair

Tom Bolt, Managing Attorney of BoltNagi PC on St. Thomas; Yvonne Tharpes, Counsel to the 28th Legislature, of St. John, and Lisa Harris Moorhead, Virgin Islands Code Revisor, of St. Croix, were among the 260 practicing lawyers, governmental lawyers, judges, law professors, and lawyer-legislators participating in the 2010 Annual Meeting of the National Conference of Commissioners on Uniform State Laws (NCCUSL), which recently concluded in Chicago Illinois.

Continue Reading Virgin Islands Uniform Law Commissioners Participate in National Conference

Tom Bolt, Managing Attorney of Tom Bolt & Associates, P.C., and General Counsel for the USVI Hotel & Tourism Association, during the General Meeting of the Association on Wednesday at the Emerald Beach Hotel proposed that the VI Taxicab Commission adopt a “Taxicab Riders Bill of Rights”. Judith Wheatley, Executive Director of the VI Taxicab Commission was the keynote speaker at the Hotel and Tourism Association meeting.

In addressing the members of the Hotel and Tourism Association, Wheatley noted that the Taxicab Commission was under new leadership and committed to the customer service. When the floor opened to questions, Bolt proposed that the local Commission consider adopting a “Taxicab Riders Bill of Rights” that would clearly delineate the rights that Virgin Islands taxicab riders can expect.Continue Reading TBA Attorney Proposes “Taxicab Riders Bill of Rights”

The St. Thomas Coastal Zone Management Committee agreed with the position of the Friends of Mandahl Thursday evening disapproving a proposal for a large-scale marina and housing development in Estate Mandahl to cheers and applause from the public.   The Friends of Mandahl represented by environmental counsel Nycole Thompson of Tom Bolt & Associates, P.C. had advocated against the project as it did not comply with the criteria established by law for coastal zone projects in the Territory. “The CZM decision to deny Mandahl Bay Holdings’ permit applications is a victory for both the community and for the environment.”  Thompson said.Continue Reading CZM Supports Friends of Mandahl Position; Denies Application

Tom Bolt, managing partner of Tom Bolt & Associates P.C., a leading Virgin Islands full service law firm, has announced that the firm has expanded its practice to include a family law and children’s issues practice group. Bolt, who serves as chairman of the Children’s Trust of the Virgin Islands, a fund of the Community Foundation of the V.I., which is dedicated to child advocacy in the territory, noted there was a distinct need in the V.I. for legal services in family law and children’s issues. "The law has become more specialized. Our children and families deserve the best representation," he said.
 Continue Reading Law Firm Expands Practice Into Family Law & Children’s Issues

St. Thomas attorney Tom Bolt, Chairman of the Virgin Islands Uniform Law Commission testified before the 27th Legislature’s Committee on Rules and the Judiciary on Wednesday regarding Bill 27-0161, "The Virgin Islands Unclaimed Property Act".  Bolt noted that the legislation which is sponsored by Senator Terrence "Positive" Nelson, Chair of the Committee on Finance is revenue positive.  "The Territory will generate funds from this bill." Bolt noted.

"What is unclaimed property?" Bolt retorically asked the Committee.  "It is bank accounts, insurance proceeds, old traveler’s checks, stock holdings, and even the proceeds from winning parimutuel tickets. What unites these different kinds of property is the fact that the person to whom they are owed has never come forward to collect them and cannot be readily found. If the owner does not come forward or is not found, the holder gets to keep the property, and worse, may dissipate the property through service charges and the like." Bolt saidContinue Reading VI Attorney Testifies on Property Legislation