Flattmann Law May 2019

Flattmann Law May 2019

May 2019 FLATTMANN FILES “Quality Is No Accident”

GET MOVING! Celebrate National Senior Health and Fitness Day This May

FROM THE DESK OF Grady Flattmann

Beware the hidden dangers of social media! Have you seen those seemingly innocent,“just for fun” questions on Facebook, asking if you remember your high school mascot, the name of your best friend from grade school, or your first pet? Do these questions sound familiar? If so, it’s because you probably answered many of themwhile setting up access to your online accounts, such as your bank or credit card. Hackers and data collection firms collect and store personal information like this from social media sites to use or sell. Hackers aren’t the only ones stalking you on Facebook. It is inexpensive for insurance companies to use social media to spy on their insured and on others making personal injury claims against them. For instance, if a person suffered a serious injury due to a car wreck, the insurance company may gather all their posts and photos showing themparticipating in“normal”daily activities. Since that person was smiling in a picture at their granddaughter’s 6th birthday party, they can’t be hurt that bad, right? Even if an online profile is set to “private,” insurance companies are still targeting what you would think of as private communications. Recently, we have been receiving formal discovery requests in some of our cases, asking for full access to our clients’ Facebook accounts, including personal messages through Facebook Messenger.

As you age, it may feel like you don’t recognize your own body anymore. You swear that manufacturers are printing product packaging with smaller fonts, you groan whenever you sit or stand, and you visit the bathroom at least once every night. Aging is an adventure, and staying physically active is a constant battle between your aching joints and the will to get moving. Starting a physical fitness routine may be one of the healthiest choices you can make. As we approach National Senior Health and Fitness Day on May 29, take some time to evaluate your fitness activity level. You can use the following tips to live a more active lifestyle — no matter how old you are! Physical activity is one of the keys to a long and healthy life. For older adults, the benefits of physical activity are increased tenfold. When you participate in physical activity at least once per day, your chances of developing heart conditions, diabetes, and arthritis decrease. For patients who already have arthritis, low impact activities like water aerobics or walking can provide relief for the joints. Exercise is also essential to maintaining a healthy heart after a heart attack or stroke. Probably the most important benefit of staying physically active is helping you stay upright. According to the National Council on Aging, exercise helps prevent senior citizens from falling — one of the deadliest things that can happen to an older adult. According to the council, every year, 1 in 4 Americans aged 65 and older falls in their GET STRONGER!

So, next time you are having fun on social media, remember that everything you put online may become public someday.

Happy surfing!

-Grady

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MEET NEW FRIENDS!

home. Forming a habit of stepping outside for a walk every day could mean the difference between staying healthy or suffering a tragic fall.

While you’re strengthening your heart, you may find yourself creating strong bonds with other older adults — which can also be vital to your health! According to a study at the University of California, San Francisco, more than 40 percent of seniors experience loneliness on a regular basis. Spouses pass on, children become busy, and seniors may start feeling like they’re all alone. Living with constant loneliness can be just as detrimental as smoking 15 cigarettes every day! Studies have also found enhanced mental well-being when people remain active. So, joining an exercise class at your local gym or senior center can help you flex those muscles and build new relationships.

HAVE FUN!

Spending even 20 minutes of every day devoted to some kind of physical activity is a huge benefit to your heart and joints. Yet, one of the biggest misconceptions about physical activity is that it has to be a specified workout regimen to qualify as physical fitness. Instead of slapping on your sweatband to get your heart rate up, try strengthening your body with leisurely activities or even household chores. Try a local dance class or spruce up your garden. Tackling the mess in the garage, walking to lunch with a friend, or volunteering to walk the dogs at your local humane society are all fun ways to work physical fitness into your daily life. The best part is you can mold your workout to your lifestyle. Do what feels right, fun, and active!

Before you begin any physical fitness regimen, consult with a medical

professional. They can give you advice on what types of activities to try and what pains to look out for. Whatever you do, just get out there and move!

THIS ISWHAT HAPPENSWHENYOU STEAL A PROTECTED ANIMAL Animal Theft and Trespassing Don’t Go Unnoticed

While footage confirms that two young Welshmen stole Dirk the penguin from his SeaWorld Australia home, the men had little memory of the night’s misadventures the next morning — until they saw Dirk waddling around their rented apartment. The night before, after imbibing a hefty amount during their vacation in Australia, the men got the harebrained idea to break into SeaWorld and swim with the dolphins. After getting inside, video footage captured them stripping down to their skivvies and running around the facility — until they spotted the penguin enclosure. “Look at them!” one said. Distracted from their original plan, they made their way to the penguins, grabbed one, and left. Dirk, the 7-year-old fairy penguin (the

smallest species of penguin), was bred in captivity and had never left his enclosure.

were charged with trespassing, stealing, and keeping a protected animal, and there was no shortage of public shaming as their crime circulated the internet. Taking note of their letter of apology and admissions of guilt and regret, the judge enforced a heavy fine for the crime in lieu of jail time. Charges for kidnapping a protected animal vary from state to state, but the Endangered Species Act ensures perpetrators face harsh penalties, including fines and maximum sentences. The Animal Legal Defense Fund also provides free legal assistance and training to help protect animals from harm.

The next morning, realizing what they’d done, the three young men panicked and released Dirk into a nearby canal. But Dirk’s misfortunes weren’t quite over. He was chased out of the canal by what onlookers believe was a shark, only to be chased back in by a surprised dog. Fortunately, concerned passers-by called authorities, and SeaWorld workers came to rescue Dirk and bring him back to his family. Dirk returned unharmed to his partner, Peaches, but his kidnappers weren’t so lucky. Once a Facebook post recounting their misdeeds made its rounds, police traced the crime back to the two Welshmen. They

Be careful on your next night out, and please, enjoy wildlife without stealing it!

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The Revolution in Forensic Science Continues to Captivate the Masses Genealogy Sites and the Warming of Cold Cases

We’ve come a long way in the field of forensic science since 1986, when DNA was first used to convict someone in court. In 2019, criminals who would have gotten away with their crimes in the past are now put behind bars where they belong. The advent of genealogy testing has been thrust into the spotlight with high-profile cases that were solved by sequestering information from sites like 23andMe and Ancestry.com. With this revolution in DNA testing on the rise, there’s really no end to the impossible-to-solve cold cases that can finally be put to rest. Whatever the motivation was behind genealogy sites in the beginning, they’re now some of the most sought-after databases in the world and are worth billions for their collection of the most personal consumer data in existence. Using these websites’ data, investigators can make DNA matches with potential offenders. The most famous recent case is the successful apprehension of Joseph James DeAngelo, otherwise known as the Golden State Killer. After 13 murders and dozens of assaults, he was finally brought to justice after investigators matched his DNA to the evidence found at the crime scenes. They gained access to his DNA from the personal genomics site GEDmatch. Although access to the data of popular sites like 23andMe and Ancestry. com is restricted to its customers, law enforcement agencies successfully subpoenaed the companies to hand over the requested data. With

the ability to theoretically solve any crime with preserved DNA, law enforcement and websleuths alike are foaming at the mouth at the possibilities genealogy testing has to offer. If only we’d preserved some of Jack the Ripper’s DNA!

Inspired by SeriousEats.com

Take a Break!

CHIPOTLE BLACK BEAN BURGERS

Ingredients

2 cans black beans, drained and rinsed 1/2 medium onion, roughly chopped

2 teaspoons cumin

1 pinch salt

1 tablespoon cornstarch

1 handful fresh cilantro

3 cloves garlic

1 teaspoon Sriracha

2 tablespoons chipotle peppers in adobo sauce

1/2 cup gluten-free rolled oats

1–2 tablespoons olive oil

Directions

1. Place half the black beans, onion and garlic in your food processor. Blend for 20–30 seconds until combined. Add chipotle, cumin, salt, cornstarch, cilantro, and Sriracha. Blend for another 10–20 seconds. 2. Transfer to a large mixing bowl. Stir in oats and remaining black beans. 3. Heat olive oil in a large skillet over mediumheat. Formmixture into patties and carefully transfer to skillet. Cook for about 5–7 minutes until bottom is browned and set. Very carefully flip and cook for an additional 4–6 minutes until opposite side is browned and set as well. 4. Serve immediately, or store refrigerated in an airtight container for up to 1 week.

Blooming Bouquet Bumblebee Cinco De Mayo

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Mothers Day Remember Rose Taurus

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“Quality Is No Accident”

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Long before the invention of radios and cellphones, homing pigeons were used to send messages as early as the sixth century. During WorldWar I, war pigeons carried lifesaving messages past enemy lines for the American and French armies, often being wounded in the process. In 1918, Cher Ami, a black check hen used by the U.S. Signal Corps, became the most famous of them all. On Oct. 2, the United States 77th Division was trapped behind enemy lines in the Argonne Forest during the Meuse-Argonne Offensive, a three-month push by the Allies during the final throes of WorldWar I to force the Germans to surrender. It became the bloodiest battle in U.S. history. For six days, the encircled division endured relentless attacks and suffered heavy casualties, but their orders were clear: don’t retreat and don’t surrender. INSIDE THIS ISSUE From the Desk of Grady PAGE 1 Exercising as You Age PAGE 1 The Price You Pay for Stealing a Penguin PAGE 2 Genealogy Sites Provide Breakthroughs in Cold Cases PAGE 3 Take a Break PAGE 3 Chipotle Black Bean Burgers PAGE 3 The War PigeonWho Saved the ‘Lost Battalion’ PAGE 4

BRAVE LITTLE CHER AMI The War Pigeon Who Saved the ‘Lost Battalion’

down. When friendly fire began raining down on the 77th, Major Charles WhiteWhittlesey felt he had no choice but to send the last pigeon, Cher Ami. The pigeon’s desperate note read: “We are along the road parallel to 276.4. Our own artillery is dropping a barrage directly on us. For heaven’s sake, stop it.” As Cher Ami rose from the brush, she was shot down, to the despair of the watching soldiers. However, after a few seconds, she fought her way back into the air, flew through a torrent of gunfire, and made it to division headquarters 25 miles away. She had been shot in the breast, the eye, and the leg. Because of Cher Ami’s brave flight, 194 of the original 554 men of the 77th Division survived the battle. One month later, WorldWar I came to an end. Cher Ami survived the war as well, thanks to the surgeons who performed emergency surgery on her. One soldier even

carved her a little wooden leg. She became a well-known hero to both soldiers and children in the States. For her service in Verdun, the French Army awarded her the Croix de Guerre, and she was inducted into the Racing Pigeon Hall of Fame. Cher Ami finally succumbed to her wounds in June of 1919 and is now on display in the Smithsonian alongside Sergeant Stubby, a terrier who served 18 months on the Western Front.

The division dispatched two homing pigeons with requests for help, but both birds were shot

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