The Lemon Law in California â Useful Information

How do you feel when you spend thousands of precious dollars to buy a new car and find a few weeks later that the vehicle is faulty! Disgusted and frustrated, right? However, you have a way out of the situation if you know and take help from CA Lemon Law, or the California Lemon Law. You might be surprised to know that this law can help you get your faulty vehicle replaced or you could even get full money back! This may sound easy, but in reality it is not so. The CA Lemon Law in terms of implementation is complicated and you would need the assistance of attorneys who specialize in CA Lemon Law to help you out of the situation.

Be that as it may, it is always beneficial if you know more about this important law, designed for protecting the consumer, before you buy a new or used vehicle. Knowing more can help you get your rightful dues, in case things go wrong after the purchase.

But what is CA Lemon Law and what is its purpose? This law is a part of the Song-Beverly Consumer Warranty Act designed for the sole purpose of protecting a consumer against loss of money, in case he buys a defective vehicle. The CA Lemon Law mentions that in case you find that you have purchased a faulty vehicle, the manufacturer or his representative is liable to fix the fault and in the event of his inability to do so after ‘reasonable’ number of attempts for repairing, he should either replace the vehicle with a new one or refund you the value of the vehicle.

How to Run Your Online Business Safe Without Legal Troubles

Running online business frees you from many legal issues that can be a big headache when you operate a brick-and-mortar store. However, the rule is still there. And I’d like to share some important legal aspects every online business owners need to know.

Domain name

Domain name is the identity for your online presence. However it can also get you into trademark issues. One of the most common problem is the use of trademark names or brand names that violate intellectual property of another owner. For instance, you cannot use eBay in your domain names. There have been numerous cases for inclusion of ‘ebay’ in domain name that lead to legal actions. Usually this will effect a ceases and desist order, requiring you to abandon the domain name without any compensation. You ought to be very careful when you choose a domain name.

Copyright issues

One of the most important area in legal rules is the copyright violation. You have to know the related rights when you plan to use anything for your online business, including coding, images and videos. Many people use images from search engines for their own sites, but they may actually violate the law. In particular if you use an image from some stock images sites without authorization, you can be sued by these sites. When legal action is taken, it can cost you hundreds of bucks for illegal use.

Privacy policy

Personal privacy has become a top concern recently, especially in social networking sites when data can be spread very easily. You need to state clearly about your site’s terms of service and privacy policy, so that visitors can understand the use of their information.

FTC Cannot Regulate Lawyers?

Why is it that every single industry is regulated except lawyers? It is really funny because they are the only ones who are really putting the screws to the American People. Lawyers are scoundrels and are the scourge of the Earth it has been said. Caesar was most likely correct. So why are we not regulating lawyers? If the lawyers are watching over the law, then who is watching the lawyers and why is it against the law for our own government to ask such questions? Why is it that the FTC cannot regulate lawyers?

Who dares to question the ethical nature of lawyers? I do? Who am I, we I am we and we are the government and I question authority and ask why is it that bankers who we entrust our money to like “In God we Trust” have know your customer laws? Yet the Lawyers hide behind the law so they can protect anyone, even criminals for a fee? Something is a miss and it would be nice to know exactly what is up here?

Why are we regulating every single profession and demand disclosure and transparency so if one single “I” is not dotted or “T” is not crossed a lawyer can sue the company and screw over the shareholders (consumers), yet when we ask to regulate lawyers, ah ha, suddenly it is against the law? So, somehow the it appears that lawyers have indeed hijacked the law, like a kid with the only plastic shovel in the sandbox and they are saying “Ha Ha, you can’t have it back!” Screw these lawyers; let’s call Caesar.

If our own government cannot enforce the laws of our land against lawyers, then our laws are useless and it is tie for real action. Think on this.

Notary Public Legalisation Tips

As an increasing number of notarised documents also need to be legalised, this article is produced as a short list of tips for clients requiring notarised documents to be legalised.

Tip 1 – Consider using a Notaries practice to arrange for legalisation on your behalf. The legalisation process can often be time consuming and require attending counter services. Therefore consider using a Notary in London as a cost effective and time efficient solution.

Tip 2 – When using a Notary Public practice, obtain a legalisation fee quote in advance. For most legalisation matters the London Notary should be able to provide a clear fix fee quote in advance. Before engaging a Notary Public for legalisation ensure that the fee and deadline for returning the legalised documents meets your requirements.

Tip 3 – Shop around for legalisation services. As the fees charged by notaries can vary greatly we would suggest comparing prices offered to legalised notarised documents. Also check whether the Notaries practice charges VAT for obtaining the legalised documents, as not all do.

Tip 4 – Provide a clear indication to the Notary Public of the deadline for receipt of legalised documents. The Foreign and Commonwealth Office (for Apostilles) and a number of London’s Consulates offer a variety of legalisation services which can cater to more immediate or less pressing legalisation requirements with varying legalisation fees. Therefore ensure you are not paying for a speedy, but costly, legalisation service if the timetable you are working towards does not necessitate such an approach.

Tip 5 – Don’t be afraid to ask your Notary questions about the legalisation process. Any professional and approachable London Notary Public should make themselves available to answer any questions and provide any further information in advance of obtaining the legalised documents. Therefore if you have any questions either phone or email your Notary Public London in advance.

Marketing Regulatory Business Issues Concerning Investment Business Opportunities

In many states the franchise regulators are very sensitive about franchisor’s use of the word “success” in their advertising and marketing. If you are wondering why this is, it is because the regulatory bodies of most states that put up rules for franchising, are also part of the same division which regulates securities in their state. And they believe that the consumer should not be duped into thinking that their investment will be successful, or that they will automatically make money if they invest in something.

Interestingly enough, a franchise is not really an investment, such as buying a stock where you really have no control over what happens. A franchise is more like renting a business for the term of the franchise agreement, and thus, allowing you to use the franchisor’s business model, and brand name. Nevertheless, franchise regulators in most all states are quite sensitive when franchise system use the word success, or even make reference to potential success for anyone that buys their franchise.

Now then, in online business opportunities, some say 50% are scams, and no regulators seem to care. And in this new electronic digital age we find that a good number of business opportunities online make all sorts of claims, and the word success seems to be in every paragraph or more.

It seems that franchising, which has a higher success rate than most all small businesses, seems to be over regulated, when there is very little fraud involved because once the franchisor sells the franchisee a business, they are stuck in a marriage for the term of the franchise agreement.

Thus, there would be no reason for franchisor to scam a future business partner, because that would just lead to future litigation. Someone needs to rethink all these state franchise regulations, and their overbearing approach to marketing regulations. Please consider all this.

What Do YOU Think About Cybercrime?

Image via Wikipedia

How protected are you from cybercrime? I know I was not protected at all. I have been a Norton Security user for the last 10 years. I thought I was protected. You can imagine how surprised I was to find Trojan viruses and several others on my personal computer. Some of the viruses I found on my computer were: Trojans, Sobig, Sasser and Kama Sutra.

Trojan spy program is designed to steal sensitive user data and to manage the victim’s computer system remotely. It is an executable file. It has only 470 bytes – not a significant amount of space to occupy on your computer. The damage it can create is devastating. After your computer is hijacked, it becomes a tool in the criminal’s hands and acts like a zombie.

I recently found out that cybercrime profits are higher then profits of illegal drug trafficking. According to president Obama, there were 8 billion dollars stolen from Americans only in the last 2 years. Last year the price of repairing hijacked consumer systems has risen to 11 billion dollars. Why does cybercrime continues to thrive today? Evgeny Kaspersky, a known cybercrime authority, says that we need better Internet Regulations. In his opinion, individuals need Internet Passports, businesses have to have accreditation.

Would it help if internet anonymity ceased? If every computer, every person and every company was identifiable a lot of problems could be solved. Online dating experience could be more rewarding if men and women were identifiable. There could be much more trust between people, if everybody could be identified.

On the other hand, being totally identified could trigger various dangers for single people, for example, for older people and for children.

If it was up to me, I would not mind to have an Internet Passport. I think that companies should be identifiable. Besides, I think if all companies were identifiable, the revenues of these companies would go up. If a consumer orders a product on internet, he/she should have all the information necessary to receive the product and to get the refund if it comes to that point.

If it was your choice, would you rather have an Internet Passport? Please, visit the website to answer the question.

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Getting Harassed Via Email? Track the Culprit Down With Reverse Email Search

This article shows how the average user can use reverse email search services and tools to take a stand and actually do something about email harassment and email stalking.

Spam is one thing but email harassment and stalking is something totally different. This can be a very frightening and unnerving situation. Even more frightening is the fact that the anonymous nature of the Internet can make it difficult to discover the identity of the perpetrator.

Due to the serious nature of this type criminal activity, you should never ignore email threats and harassment. You should always save a copy of the email and also print it out. Armed with this evidence, you should go to the proper authorities and file a formal complaint.

The “authorities” in this case should include your email provider, the email sender’s provider, and the local police or constable. Depending on the severity of the harassment, it can generally be addressed by one or more of the above mentioned contacts.

People who take it upon themselves to harass others via email usually do so because they feel safe from detection. They feel that if they can hide the origination point of their threatening emails, no one will ever find them.

A few of the large email providers are responding to these threats by making their sign up procedures more stringent. They are requesting more personal information as well as enhancing verification processes for new email accounts.

As in many cases, the perps and culprits are generally one step ahead and can quickly and easily circumvent many of the precautionary measures put in place by the email providers.

Because the cost to setup truly effective verification methods would prove to be prohibitive. If they opt to pay these high costs for increased security — free email would probably be a thing of the past. 

If you are an average Internet email user, you most likely do not have the tools or knowledge to perform a comprehensive reverse email search. Not to fear — there are services that will allow you to use the reverse email process to track down offenders.

Stop being fodder for these “cyber perps”. Get more tools and information you need to find them and report them. If you don’t have this problem now, you should still be prepared.

Funny Cat Videos Websites and the Law

If you are planning on running and owning your very own funny cat videos website then you should be aware that there is and are a number of different issues that you will need to make sure that you are comfortable and familiar with. Video files by their very nature are extremely large indeed and if left unmonitored this can and will pose significant problems for the website owner because there is always a risk that they may exceed their bandwidth. It is imperative that you are very explicit with the web company which you wish to use that you will be hosting and using funny cat videos , so that they will be able to identify the amount of bandwidth and server storage space you will realistically require in order to properly accommodate the expanding requirements of your site.

You will need to make sure that you sit down with pen and paper and give some serious thought as to the manner in which you would like the site to be conducted and created. Will the site be a static one whereby you as the site owner are totally and solely responsible for any and all content which are accessed by the members, or will you allow the members themselves to upload and edit the content as well? This goes beyond a question of mere community spirit, because if you did indeed allow the members more access to the site, this would require a lot more coding as well as a significant shift in the actual structure of the site. Furthermore, it may also pose additional security concerns and issues and so you need to make sure that you are indeed proficient with these issues and their implications. The last thing you need is for your members to risk their personal details (whether this be financial or otherwise) being compromised simply by virtue of the fact that they are visiting your site.

On that note, if you are planning on including some sort of commercial component to your funny cat videos website then you need to be aware that there are serious legal implications here as well. If you fail to keep your funny cat videos site sufficiently secure and a visitor who comes to your site then suffers a loss of some sort because of that, then you may find that you are then held legally liable to compensate them for the value of that loss.

Missouri Laws and Free Speech

Cyberbullying has been a serious problem in this nation for a long time. Missouri has had a well known history of this with the Megan Meier case that occurred in 2006. Not long ago, a ninth grader was arrested under this law when she created a nasty website against another classmate. “She would be better off if she just died” was a comment used on there. The bully has been turned over to the juvenile system. The current law went into affect in August 2008 and has caught others under this law.

There have been many who have argued that they have free speech in this nation so that it is okay to say whatever they want and when they want. True, we have that in America and a lot of times, in the heat of the moment, people tend to say things that they normally would not say or regret saying. People verbally fight and lash out at one another when angry as that is normal. However, what about when something is posted online and these things are open to everyone around the world? Vicious lies about others that can be read by friends, family and even strangers? This is not like a verbal argument where something is said and forgotten. When something is posted online, it is there to stay unless someone removes the post. Children think that by posting these things, nobody will come across them except for their friends and those they know. They never think of the long term affects and the dangers in what this can do to another person. So, is free speech worth it?

I hear so many people say that because of free speech they can say what they want. Not just children but adults as well. I believe in free speech and yes, we all have a right to it. However, when it comes to slander, verbally hurting someone or posting something nasty online then yes, there needs to be consequences. We need to stop and think before saying things as we do not want it to affect others out there. It is important for adults to know this and for them to teach it to their children. We need to be protecting children from these kinds of things and not enabling the problem.

Thank you Missouri for staying on top of this problem. It would be a much better world if we all did watch our words and stopped verbally trying to hurt others. Maybe one day that dream will become a reality. Having laws sure does help.

Creating Enforceable Contracts With Email Signatures

Email programs make an email signature that’s mechanically placed at the conclusion of your electronic mail. It generally gives your name, title, business address and supplementary personal or business related information. The latest legal buzz over email signatures is whether those signatures produce a binding legal contract when you’re negotiating terms with another person or company by electronic mail.

In the United States, federal and state law allow for the enforceability of electronic signatures. For transactions affecting interstate commerce, a federal statute called the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. 7001 et seq. protects such dealings. Under this legislative act, a signature can’t be denied legal validity or enforcement only because it is in electronic form. 15 U.S.C. 7001(a)(1). The Act defines an electronic signature as an electronic sound, symbol, or process, attached to or logically connected with a contract or other record and executed or adopted by a person with the intent to sign the record. 15 U.S.C. 7006(5). The Act establishes no additional demands for electronic signatures. The Act, therefore, is quite broad and allows a generous mixture of signatures and identifiers to be counted a signature.

Additionally, most states have passed the Uniform Electronic Transactions Act (UETA). UETA allows for the enforceability of electronic signatures once the parties to a transaction have decided to carry on dealings by electronic means. UETA 5(b). The parties’ arrangement to transact electronic dealings is verified from the context and surrounding circumstances, including the parties’ demeanor. Id. After the parties’ intent is evidenced, UETA provides that electronic signatures are enforceable. There are no specific requirements regulating the form of an electronic signature. The UETA defines electronic signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record UETA 2(8).

The topic of an email signature creating a binding contract has been dealt with in several court opinions. In those opinions, the courts have consistently held that email signature is comparable to a manual signature. It produces a binding contractual responsibility on the the person signing the email. When there’s no conflict of opinion as to the writer and authenticity of the email, the email is presumed signed for the purpose of making an enforceable contract.

As a practical matter, when you’re discussing terms of any agreement by email, be aware that what you write in that email may in some situations produce a valid contract. To get around the inference that your signature in an email is making a contract, you should add a disclaimer to your email signature. Something like the following statement should be adequate.

“Unless expressly stated in this email, nothing in this message should be regarded as a digital or electronic signature or writing.”

Companies Act 2006 â Impact on Companyâs Constitutional Documents

From 1 October 2009 companies should be anticipating significant changes to their administration and management as new provisions contained in the Companies Act 2006 come into force. One of the areas which will require a professional review and possible amendments is the company’s Memorandum and Articles of Association. This article explains the main alterations and steps which need to be taken to comply with the 2006 Act in respect of the Memorandum and Articles.

The Memorandum and Articles of Association

The Memorandum states the company’s name, registered office address, its objects (which define the company’s power and scope of activities), authorized capital, and members’ liability. As companies can act only within the scope of their objects, defining the objects should be well-thought-out.

The Articles of Association are a company’s internal rulebook. They are chosen by the company’s members and outline their responsibilities, powers, share options and other provisions critical for running the business as efficiently as possible. It is a form of a contract between the company and its members, and between each of the members, which is legally binding on the company and all of its members.

Members can decide which rules to include in their company’s Articles, provided that the rules are not unlawful, for example are not discriminatory. It is recommended to take professional advice when drafting this document.

New rules and their implications on the constitutional documents

The Companies Act 2006 imposes new obligations on all limited companies, regardless of when they were incorporated. Apart from the Memorandum and Articles of Association, companies limited by shares will also be required to have a Statement of Capital and Shareholdings (which can be incorporated into the new Articles), whereas companies limited by guarantee will need to have a Statement of Guarantee.

Companies incorporated on or after 1 October 2009 will adopt a new and simpler than previously required style of Memorandum. The new businesses will be able to decide whether to list objects for the company or leave them unrestricted. As information on capital and shareholdings will no longer be part of the Memorandum, the newly incorporated companies will be required to file the appropriate Statement containing this information with Companies House on registration. The Statement will become part of the Articles. Directors will have to remember to file updated Statements with the Registrar as necessary.

Changes to the existing documents

Directors and members of companies registered under the Companies Act 1985 or previous Companies Acts can choose whether or not they want to make changes to their constitutional documents following the introduction of the new rules. The parts of the Memorandum which are additional to the Statement of Capital and Shareholdings will automatically become part of the company’s Articles of Association.

However, if there are changes to the current Articles on or after 1 October 2009 or amendments approved at a general meeting and agreed take effect on or after that date, the relevant parts of the ‘old-style’ Memorandum and objects will have to be included too when filing the new Articles, unless they are also amended.

Changes to the share capital after 1 October 2009 should be reported in the new Statement of Capital.

Conclusion

The Companies Act 2006 brings major changes to the way the company’s constitutional documents are composed. Those who are not sure what steps their company should take to comply with the new regulations are recommended to seek advice from government organisations or specialist firms, such as London Registrars.

posted in Regulatory Compliance

A Look at Safety Regulations

These days there are many safety checks on everything we come across. From our workplaces to town centres and any equipment we use, everything is rigorously tested to make sure it is safe for its purpose. Hear we look at some areas where health and safety has an impact.

CAR SAFETY
Car safety has improved dramatically over the last few decades. When the automobile was first used there were no regulations and the industry was still relatively unregulated until half way through the last century. Seat beats have been the most important development in car safety and have been given credit for saving thousands of lives. Car manufacturers started introducing seat belts in the late 1950’s with Volvo the first to do so. They were made compulsory in the front of cars in 1983 but not in the back until 1991. More recently air bags have been introduced by manufacturers. These are not compulsory but almost all new cars now have them installed.

Cars have to go through rigorous safety check to qualify as road worthy, which includes crash tests. Safety records are also used as a marketing tool by manufacturers, with those with the best records selling cars off the back of this. Cars are specifically designed to be as safe as possible. As well as checks before they are put on the road, cars also have to go through an MOT (specific to the UK). This is a group of tests carried out three years after a car is first used, and then every year thereafter. These test decide whether a car is deemed safe for use on the road.

PAT TESTING
PAT Testing stands for Portable Appliance Testing and is the regulatory test that must legally be carried out regularly on portable appliances. A PAT test will give and pass or fail result that will tell the users whether or not it is safe for use. PAT Testing is required for any portable appliances that are in public use. This includes any appliances (including fridges and ovens) that are supplied as part of a rented property, any equipment used in schools or the workplace, and anything that is used by or around the general public.

PUBLIC BUILDINGS
All public buildings are now subject to health and safety checks and regulations. They have to abide by certain rules to make sure the public are kept as safe as possible. Fire prevention methods need to be in operation and there must be sufficient fire escapes that are clearly marked. Any potential dangers, such as slippery floors, also need to marked. Other public areas also have regulations they must abide by.

WORKPLACES
Strict health and safety rules apply to all places of work. They are subject to many of the same health and safety regulations as public buildings. Regulations have been put in place to protect staff, and if applicable, customers. Employees need to be trained correctly so they are able to use any dangerous equipment correctly. Accidents also need to be recorded and reviewed to make sure a similar incident does not occur again if avoidable. Rules vary depending on the industry.

RESTAURANT & OTHER EATERIES
There are strict regulations for restaurants and eateries with regard to hygiene. For example, staff have to wash their hand regularly. Depending on the establishment and the job role specific clothing may have to be worn and other clothing may be banned. Employees with long hair who work in the kitchen must wear a hair net or have their hair tied back. Restaurants are subject to regular inspections and there can be on-the-spot inspections by health and safety officers.

HOSPITALS AND MEDICAL CENTRES
Not surprisingly there are many regulations around medical care. It is important that decease is not spread amongst patients so there are many rules to prevent this. Visitors and staff are asked to rub their hands with alcohol to sterilise them. Everything possible needs to be done to keep the risk of spreading infection to a minimum.

Andrew Marshall ©

posted in Regulatory Compliance

What Do YOU Think About Cybercrime?

How protected are you from cybercrime? I know I was not protected at all. I have been a Norton Security user for the last 10 years. I thought I was protected. You can imagine how surprised I was to find Trojan viruses and several others on my personal computer. Some of the viruses I found on my computer were: Trojans, Sobig, Sasser and Kama Sutra.

Trojan spy program is designed to steal sensitive user data and to manage the victim’s computer system remotely. It is an executable file. It has only 470 bytes – not a significant amount of space to occupy on your computer. The damage it can create is devastating. After your computer is hijacked, it becomes a tool in the criminal’s hands and acts like a zombie.

I recently found out that cybercrime profits are higher then profits of illegal drug trafficking. According to president Obama, there were 8 billion dollars stolen from Americans only in the last 2 years. Last year the price of repairing hijacked consumer systems has risen to 11 billion dollars. Why does cybercrime continues to thrive today? Evgeny Kaspersky, a known cybercrime authority, says that we need better Internet Regulations. In his opinion, individuals need Internet Passports, businesses have to have accreditation.

Would it help if internet anonymity ceased? If every computer, every person and every company was identifiable a lot of problems could be solved. Online dating experience could be more rewarding if men and women were identifiable. There could be much more trust between people, if everybody could be identified.

On the other hand, being totally identified could trigger various dangers for single people, for example, for older people and for children.

If it was up to me, I would not mind to have an Internet Passport. I think that companies should be identifiable. Besides, I think if all companies were identifiable, the revenues of these companies would go up. If a consumer orders a product on internet, he/she should have all the information necessary to receive the product and to get the refund if it comes to that point.

If it was your choice, would you rather have an Internet Passport? Please, visit the website to answer the question.

posted in Cyber Law

Identity Theft Protection â Insurance For Your Identity, Part Two

Identity Theft is a relatively new phenomenon. Unfortunately, this new phenomenon is also highly misunderstood by the general public. In Part One of our series on Identity Theft Protection, you learned some high level facts about Identity Theft and some various precautions you can take to guard your Identity. While Part One gives some practical tips to reduce your exposure, you must first gain a better understanding of what Identity Theft actually entails.

Identity Theft – It’s Not Just Financial

Unfortunately, most people believe ID Theft is just about “Financial” Fraud. The fact is, “Financial Fraud” accounts for approximately 30% – 40%. While this form of ID Theft is the most obvious, it is also the easiest to discover and recover from. Most financial institutions (Banks & Credit Card Providers) have systems in place to detect fraudulent activity on a person’s account. These same institutions typically have “reimbursement” plans in place to return any funds taken from or charged against their customers’ accounts. There are limitations and time constraints placed on these “reimbursements”, so it is imperative you read your financial institution’s policies as they relate to fraudulent activity.

While you know about Identity Theft with regard to Financial Fraud, you must also understand that the majority of Thefts involve theft for something other than Financial Fraud. Let’s look at a break down of the Non-Financial Forms of ID Theft:

• Driver’s License



• Employment



• Government



• Medical (fastest growing segment)



Of course, you could potentially break down ID Theft into many more segments and categories, for our purposes we will focus on these major categories.

Who Are The Victims?

According to a recent study, there were approximately 10 million victims of Identity Theft in 2008. As should be expected, households with higher incomes were twice as likely to be victims of ID Theft as low income households. What may be unexpected is that those households considered to be “higher income” had household incomes of $70,000 or higher (that is only a man and wife making $35K each).

Discovery & Recovery

One of the disturbing facts about ID Theft is that 38-48% of people discover the theft within three months and that approximately 18% of victims do not discover the theft until 4 or more YEARS have passed. While identity thieves have access to advanced technology and systems to steal our identities, there are similar technologies and systems in place for the public to discover these thefts. The problem is, the general public has been slow to adopt these strategies (the it won’t happen to me syndrome).

As disturbing as the previous statistics are, the most important statistics deal with the Recovery of one’s identity. The average victim of Identity Theft (according to a 2004 study) spends 330 hours repairing the damage caused by a theft. The vast majority of victims spend between 3 months to 1 year. As we all know, time is precious. The fact is the actual monetary loss resulting from an Identity Theft is only about $1,200. The real cost of an Identity Theft is in the time spent recovering from a theft. The math is simple, take your hourly wage rate and multiply by the time spent recovering your ID (example a person that make $30K per year earns approx $14.42 per hour / multiplied by 330 hours (average) equals $4,758).

Hopefully this article has given you an understanding about the types of Identity Theft as well as the cost(s) associated with a theft. Combined with the knowledge gained in Part One of this series, you should now be prepared to determine if you need to look for “Insurance” and what “Insurance Plan” is best.

Identity Theft Awareness â Getting to Know This Crime

Identity theft is on the rise. The starting point in the fight against identity theft is prevention. Major corporations are just starting to incorporate identity theft awareness into their overall security awareness programs to educate their employees, clients and vendors on the minimum security measures that must be and are expected to be taken. Like I always say, it is your information and only you can initiate the efforts and take the steps to protect them. Whether you are an individual concerned with the security and privacy of your own personal information or that of your family, or, a company concerned with the personal information of your clients and employees, you must have theft awareness and take the steps to educate yourself first, and then others who also handle your information. This could include your kids, your accountant, attorney, vendor, and a bunch of others.

Contrary to all beliefs, the information security and protection business is not an old profession. Information privacy is even in its infancy in my opinion. Take a look around; social security numbers are floating around every where from the doctor’s office to the internet like they’re piece of worthless junk, while the same social security numbers are heavily relied on to identify us. Businesses ask for our social security numbers, names, phone numbers, addresses, zip codes (interestingly enough, zip codes are used to validate our identity and ownership of the credit card we use at the gas pump), and other piece of information in public and expect us to respond back with the information while surrounded by other people.

Do we really believe that identity theft can be fought while we continue to treat and handle our personal and most valuable information in such manners? One of the information security principles is that, all information is not born equally. As a society, we need to determine what information is critical to us, and apply more stringent security measures to protect them.

If we rely on social security numbers as a main source of identity validation, then we must treat it differently than our home phone numbers. I have further described this philosophy in my identity protection system, KAOS™.

In a lot of the identity theft cases, the responsibility is shifted to the consumers for the time being. Besides a few laws that make identity theft a crime, or limit the credit card liability to $50 if discovered and reported timely, consumers are left in the dark. For one thing, they don’t know what piece of their personal information is really important and how to protect them; second, if they get hit with identity theft, they are on their own and at the mercy of the financial institutions to solve their problem, the same institutions that are not held responsible for luring consumers into buying their products or falsely handing money to thieves who claimed to be you. People are lured into getting a bunch of credit cards or other credit accounts, forced to reveal their personal information in public, or enticed to apply for multiple mortgages or Home Equity Line of Credits (or HELOC) and left alone when hit with identity theft because businesses who lured the consumers into sharing their personal information with them in the first place, did not tell them that there is an increased and proportional risk with the number of times they share their information with others, or won’t take responsibility when the crime occurs.

It all starts with identity theft awareness. Be aware of what’s at stake, what needs to be protected, why and how. Take responsibility in case no one else does. Educate your family and friends about the risks of identity theft. Inquire and monitor the security practices of those whom you share your information with. Businesses are forced to share their privacy policies with you. Read them carefully and don’t do business with those who do not make you comfortable with the way they intend to protect and share the information you entrust them with.

Be Identity Safe! Henry Bagdasarian

IPAM + IP Analytics Equals A Whole Solution

More than two-thirds of a company’s asset value is represented by Intellectual Property (IP). As a result, companies often invest a lot of human and financial resources in an IP Asset Management (IPAM) system or process. Regardless of how sophisticated or basic the system, though, the effort to manage an IP Portfolio can be significant.

It is important to consider the fact that an IPAM is essentially a document management system. Such systems are very good at helping people implement workflows and processes. Depending on how sophisticated the system is it can notify the maintenance requirements, and help understand the existing IP investments broken down by classification and suggest who should do what next.

An IPAM can be implemented as a very sophisticated workflow and reporting tool-but what they can’t do is provide analytic data about the portfolio in the context of other companies and markets.

These systems range in complexity and sophistication from basic spreadsheets to expensive, enterprise-level patent software applications. Consider, for example, something as basic such as how to make the decision of whether to maintain a patent that is up for renewal. A sophisticated IPAM can send a renewal notification, but it can’t help to decide whether it’s a good idea to renew the patent.

For that reason many companies have a blanket business policy of maintaining all patents until they permanently expire-yet most companies have patents that are not asserted, are not commercialized and are not licensed. For a licensing professional, it is important to discover, assess and secure the best intellectual property avenues for maximizing business profits and return on investment through secure IP Licensing. In other words, the probability is very high that not all of the patents have significant business value, and yet they are often maintained to the tune of about $100,000 over their lifetime.

The best bet is to have a solid IPAM system and integrate it with an IP business analytics tool that can enable wise decision making. In the case of portfolio maintenance the integration of an IPAM system with a business analytics tool can be a tremendous advantage.

The licensing strategy can also be significantly more effective with an integrated management system. To enable this enhancement, the analytics tool should have collaboration features that allow your team to use it as a centralized repository. It’s not unusual for companies to have large research teams comprising scores of people and without a way to pull all the research in a single place, the research effort can often grind to a halt. Also, patent search can involve a myriad of activities intended to support the development and management of a company’s IP portfolio.

Once the licensing agreement is consummated by contract, IPAM can be used to maintain and track the agreement and any renewal schedules the contract covers. If the contract contains termination clauses, the analytics tool can enable you to make determinations about when or whether you should terminate the contract based on the terms of the agreement and changing market conditions.

It’s not really the case that an IP analytics business tool like Innography can take the place of an IPAM-it can’t. You will still need a way to track agreements, inventory, and to develop and execute workflows driven by a good intellectual property management system.

What is true, though, is that an IP business analytics tool can complement the management system, so that you can make sound decisions so as to tackle the discipline of holistically managing your portfolios.

A Lawyerâs Perspective on Short Sales

For better or worse, short sales will be a common part of the real estate transactional landscape for the foreseeable future. It makes sense, then, to understand why they exist and how, exactly, they work. A short sale occurs when the value of a property is less than outstanding balance on the mortgage or mortgages affecting it and the mortgage holder(s) agree to accept less than the amount owed to them in order to facilitate the sale of the property.

Why would a mortgage lender agree to take less than the outstanding balance? For one reason, very often the homeowner is in default or foreclosure when the short sale takes place. Therefore, the lender’s only choices are to pursue the foreclosure or strike a deal to allow the property to be sold. Foreclosure is costly and time consuming, and the auction sale price often does not cover the mortgage debt anyway. Furthermore, if the lender cannot sell the property at auction, it ends up as another REO (”real estate owned” by the bank) and the lender must incur the cost of maintaining the property which is not a profitable enterprise. So it makes sense that the mortgage holder would consider reducing its payoff so that the property can be sold privately.

Should you find yourself involved in a short sale transaction, there are several things you must keep a lookout for. Here are the main ones.

First, remember that there are other choices for a distressed homeowner who wishes to remain in their home. Mortgage modification programs abound these days. Many are backed by the government (such as the HAMP programs) and others are private. So if the homeowner is considering a short sale only because they cannot afford their payment, be sure all other avenues are explored first.

If the sort sale does proceed, it must be understood that listing a property, or even entering into a contract with a buyer for a short sale, does not prevent the lender from foreclosing on the premises. Often, the lender or its counsel will give the homeowner ample opportunity to sell the home if there is a contract in place, but they are generally not obligated to do so. Thus, even if the lender knows that that a private sale is pending, they can proceed to sell the property at auction. In some cases, federally insured lenders must forgo foreclosure proceedings while a short sale is pending, but this is not a universal rule and should not be relied upon. Always insist upon written confirmation that the lender has temporarily stayed its foreclosure proceedings and be keep active communication with the lender’s attorneys.

In addition, it must be clear to all parties that it is strictly in the lender’s sole discretion whether or not to allow a short sale. Thus, any contract of sale must reflect the contingency that the sale is subject to the approval of the mortgage holder or holders. Buyers should be aware that the process may take much longer than a traditional transaction and should be guided accordingly when locking rates and making arrangements to sell any real estate of their own.

Even if the short sale is approved, the lender may pursue the homeowner for the difference between the amount they accept at closing and the balance owed to them. This difference is called a “deficiency” and a judgment can be entered against the homeowner for this amount. Thus it is crucial for the seller to negotiate this point with their lender in advance and to have a written agreement as to whether or not the lender will pursue a deficiency judgment.

And the pitfalls don’t end there. If the lender does not pursue the deficiency amount, that amount may be taxable income to the seller. Currently there are laws that relieve taxpayers from claiming such amounts as income, but these laws may expire or may not apply to a particular transaction short sale. It is important to discuss this potentiality with a tax professional.

There are also numerous rules about the structure of the short sale transaction that must be borne in mind.

First, the seller will not be entitled to keep any money from the short sale and there must be no “side deals” or other arrangements with the buyer that attempt to circumvent this rule. If you sense that there is something amiss, do not proceed.

Second, the short sale must be an “arms length transaction.” This means the buyer and seller may not be friends, family members or any other parties who have had a previous relationship.

Third, it is advisable to steer clear of sale and leaseback arrangements. Any transaction wherein the buyer is agreeing to rent the premises back to the seller and eventually reconvey the premises is suspect and should be avoided, as it may run afoul of New York’s Home Equity Theft Prevention Act.

Fourth, the short sale must be an as-is transaction, as the lender will not allow repair credits or the like to be part of the deal.

Although there is no uniformity to the short sale process, there are guidelines being promulgated that will provide similar treatment of for the short sale of all Fannie Mae/Freddie Mac loans as well as for all FHA/HUD loans.

As always, it is essential to seek legal counsel if you are considering the sale or purchase of real estate. Be sure to discuss all of these points with your legal advisor.

This article is intended for informational purposes only. Please discuss your particular situation with an attorney of your choosing.

Identity Theft Alert

The risk of identity (ID) theft has been with us for a long time. With our high-tech toys like computers, smart phones and bank machines, keeping your private, sensitive information, well, private, has become more complicated. In this article, we are going to review some dos and do nots, in the form of a handy checklist. Why not print out a few copies, and distribute them to your friends and family.

It is important that you make a bit of an effort to protect your data. Why? Because recovering from ID theft can be costly, time-consuming and frustrating. For example, there have been cases of ID theft which led to the home of the victim being sold right out from under him, without his knowledge or permission of course.

Read the following checklist carefully, but do not be discouraged or overwhelmed. All you need to do is be alert and vigilant, and you will be fine. OK, here we go:

1. Never give out any personal information unless you really have to. Some large stores ask for your phone number or zip code at the cash, for marketing purposes. Identity theft alert! Just say no.

2. There are three critical pieces of your information which you should never give to anyone except your bank, employer or government agency, and then only if you must. These are your date of birth, maiden name of your mother and your Social Security Number. Once a crook has this information, it is much easier to dig up almost anything about you.

3. Be careful in your choice of passwords online. Do not use your date of birth or Social Security Number (do not laugh; it has happened). Do not use the name of your child or pet, local landmark or college, favorite restaurant, any word in the dictionary, or anything related to you. Crooks use this info to break into your email and online bank accounts. This in fact happened to Sarah Palin.

4. Check your bank and credit card statements upon arrival. Report any discrepancies at once.

5. Check your credit report a couple of times a year, especially before making a large purchase such as a car or house.

6. Make sure all security programs on your computer are up to date, including Windows. You do have anti-virus, anti-spyware and firewall programs, right? If not, get them, pronto!

7. Avoid public computers and public wi-fi hot spots. Or at least do not visit sensitive sites such as your banking and shopping web sites from these places. Use strong encryption. Currently, that means WPA2.

8. Always practice safe surfing, and train your kids to do the same. Educate yourself about spam, phishing attacks, email attachments, etc. Do not copy and paste login information and passwords. The contents of your Clipboard can easily be seen.

9. Shred or burn any documents bearing your name, address, etc. before discarding them.

10. If you travel across international borders with a laptop or even a smart phone, be prepared to have the devices searched and all your files examined. You may have to reveal the decryption key to any encrypted documents. Make sure you have a current backup at the office.

11. Before logging into that bank machine or hotel computer, glance around to ensure no one is snooping on you.

12. There are many resources online to fight identity theft, and to help you recover from an attack. Check them out. Look especially for government sites, that is, web sites ending in .gov.

By now you can guess that it is much easier to protect your credit rating and reputation, than to spend months or even years repairing them after they have been hijacked. So print this list and paste it up on the wall beside your computer, where the whole family can see it. Reread it from time to time, to refresh your memory.

Conducting an Effective Voir Dire

Voir dire is the one and only opportunity that you will have to communicate directly with the jury. You should use your time wisely. The jurors will have plenty of time during the trial to listen to you; use your time during voir dire to listen to them.

You should treat your time with the jury panel as an intelligence gathering session instead of a lecture session. In the name of judicial economy, courts have shortened the amount of time available to the point that it is almost impossible to do an adequate job.

For a judge in a DWI case, twenty minutes may seem to be way too much time to let the lawyers talk to the panelists. But for the defense attorney and the citizen accused it is nowhere near enough time to gather the information necessary to make intelligent decisions about how to exercise strikes.

All too often I see attorneys (on both sides) waste precious time building their cases and lecturing to jurors about the purpose of voir dire, the law and the burden of proof, instead of asking the panelists about their personal experiences, feelings and beliefs.

By now we should all be familiar with the “80/20 rule.” The “80/20 rule” states that in any activity, 80 percent of the output is produced by 20 percent of the input. The rule can be applied to almost any situation. In an organization, 80 percent of the work is performed by 20 percent of the people. In time management, 80 percent of your time is invested in 20 percent of your activities. In management, 80 percent of the problems are caused by 20 percent of the people.

This same rule can be applied to voir dire. If you pay attention to a jury panel you will see that about 20 percent of the jurors answer about 80 percent of the questions. To combat this you need to make certain that every panelist has the opportunity to speak. Never allow a panelist to make it through voir dire without answering any questions.

You should spend at least 80 percent of your time listening to the jurors and no more than 20 percent speaking. You know how you feel about your case; spend your time finding out how your prospective jurors feel about the issues.

One way to get everyone on the panel to participate is through the use of scaled questions. A scaled question is either a question or a statement you pose to the panel while asking them to give you a number within some range, 0 to 10, for instance. With a scaled question you get more than a yes-no answer. If you ask enough scaled questions during voir dire you can accumulate a lot of information in a relatively short period of time. In a twenty-minute voir dire, I try to pose three or four scaled questions to the panel. That way I know I’ve heard from everyone at least three to four times.

Scaled questions also give you an excellent tool for making your juror strikes. When you draft your scaled questions, write them in such a way that all favorable answers are either low or high. That way you can check at a glance to see whether or not that person might be a favorable juror.

Avoid yes-no or true-false questions at all costs during voir dire. You should always ask open-ended questions. If you ask a yes-no question, always follow it up by asking the juror why they feel the way they do. If the juror gives you an answer that you like you can always ask the next juror in line whether or not they feel the same way and why. If you get an answer you don’t like, be sure to thank the juror for their honesty and candor. You may not have liked what you heard, but at least you have identified an unfriendly juror.

When posing questions to the jury, try to personalize the questions. Don’t ask the panel an abstract question – put the juror, or a family member or friend, in the situation. If you want to personalize your client to the jury, you have to personalize your questions and hypotheticals.

You need to take control of the panel. Don’t allow a couple of jurors to dominate your time. When asking questions, pick the jurors whom you want to answer. I like to keep it simple and just go up and down the rows, that way I know I’ve spoken to every juror. If one or two jurors try to dominate, just let them know that you appreciate their participation but that you need to speak with everyone.

Don’t be afraid that your “ideal” juror is going to expose himself to the other side by answering questions. Chances are that if you’ve identified someone as an ideal juror for your side, the other side has done the same thing. If you find such a juror, use them to educate the rest of the panel on your issues. You will find that jurors are much more likely to be persuaded by a fellow juror than by you.

Finally, try to keep jargon, technical talk and “legalese” to a minimum. You want to have a conversation with the panel. Using terms of art during voir dire will only serve to drive a wedge between you and the jurors.

Your ability to listen and gather information during voir dire can be the difference between a one- and two-word verdict. More importantly, it can have a life-changing effect on your client.

Choosing Conveyancing Solicitors â Comparing Conveyancing Fees

Finding a good quality, low cost conveyancing solicitor’s service for a house move or property sale or purchase can be a difficult undertaking. Often, when several quotes are obtained from different solicitors for the same house sale or purchase the items detailed as costs and fees can vary. How do you make any sense of it without getting ripped off or qualifying as a conveyancer yourself?

All legal costs incurred when buying or selling a property can be divided into two separate categories.

Charges paid to third parties are known as “disbursements” and do not form part of the solicitor’s legal fees or profit costs. It is important to note this distinction as in most cases the disbursements should be the same (or a very similar) amount for all the quotes you have obtained. Buying or selling a house is a process like any other and although variations in practice exist, fundamentally, all property transactions must follow a similar process. Where a particular quote includes substantially different disbursements this could be a cause for concern.

All solicitors are required under the professional rules to set out fees and disbursements separately. A solicitor setting out a fee as a disbursement could well be breaching those rules and in any event would probably not be someone you would want to do business with. To successfully compare quotes you will first need to find out which of the two kinds of fees the item shown on the quote falls into, fees or disbursements.

Fees for your solicitor’s time are the actual profit costs of the conveyancing solicitor, the amount you are actually being charged for their time and expertise. These often include administrative charges required for the successful completion of a sale or purchase transaction, such as bank transfer fees (sometimes called telegraphic transfer fees or similar) and identification searches. Such items fall into the fees category. Some may also charge separately for more general items such as postage, faxing and copying, file storage, contribution to professional indemnity amongst others. Once again these form part of the fees and should be added together to get the total cost likely to be incurred with a particular solicitor.

According to the BBC Website the average solicitors fees in England and Wales for dealing with the sale or purchase of a property tend to come in around the £550.00 mark, not including vat and exclusive of disbursements. How do your quotes compare?

You should also bear in mind that even when fixed fees are charged, no solicitor can ever promise that the final legal bill will not amount to more than the quote given at the outset of the transaction. Legal issues are rarely straight forward and it is always possible that matters could arise during the course of the transaction that could affect the final amount you will be required to pay.

It should also be noted that the cheapest quote does not necessarily represent the best value for money so make sure you shop around, obtain at least three quotes from different services providers and compare both the cost and the level of service before you commit yourself and go ahead and instruct conveyancing solicitors to act on your behalf.

Have You Been Subjected to Sexual Harassment in the Work Place? Need a Lawsuit Loan?

This article has been prepared for those who’ve been subjected to sexual harassment in the workplace and are wondering how to stop such abuse. Significantly, approximately 80% of harassment is unintentional. Furthermore, this unintentional harassment is often terminated simply when the individual is notified that such behavior is inappropriate and unwelcome. One of the key questions that will be asked of you if you do seek a lawsuit loan is whether you notified the individual who engaged in such conduct inappropriate.

It commonly occurs that individuals who engage in such behavior actually had good intentions at the time the comments were directed to the individual offended. In many cases, these individuals actually believe that they were complimenting the individual to whom the comments were directed. However, it is the object of these statements perception that will determine whether harassment has occurred.

It is necessary to inform such individuals in a clear, firm tone that you find their conduct inappropriate. This is a first step in protecting yourself from such ongoing behavior. Additionally, in many instances, it is also appropriate to notify that individual how it is that you wish to be treated. Once you notify the individual of the manner in which you wish to be treated, that individual’s failure to adhere to your requests is often deemed an aggravating circumstance with respect to your claim, and is also a factor in considering whether you qualify for a lawsuit loan.

It is first necessary to determine whether your employer has a sexual harassment policy. If the employer does have such a policy, you’re encouraged to follow the steps identified in the policies/procedures related thereto. Failure to notify the employer via the mechanism provided may severely compromise your claim. Failure to notify the employer may also bar liability against that employer.

It is essential that you notify your employer of the offensive conduct, irrespective of how you feel about notifying the employer of same. The strength of your claim will be greatly diminished if you fail to do so. You’ll find you will be unable to obtain a lawsuit loan if you weaken your claim by failing to follow the procedures established.

Work-related harassment may also occur outside the office. Situations such as those taking place at work-related social gatherings, work-related functions, conferences attended on your employer’s behalf, workshops, and training sessions you attend during work-assignments, all constitute work-related situations, during which sexual harassment may occur, and for which your employer may have liability.

It is also important to realize that sexual harassment may occur in the course of work-related travel, and is also in violation of Title VII. Significantly, sexual harassment may also occur during employment-related responsibilities involving telephone calls and/or electronic media. In cases in which you’re able to retain an attorney to represent you in a sexual harassment case, you’re likely to be able to obtain a lawsuit loan to assist you with finances that arise during the course of litigation.

In part three, we will discuss tips that you may provide to those individuals engaging in the conduct you find offensive. We will also address key-strategies involved in both maximizing your claim and ensuring that you’re able to obtain a lawsuit loan to assist you during the course of litigation.

Massachusetts Breathalyzer Refusal Appeals

The Breathalyzer Refusal License Suspension is a very important, but often overlooked, part of any Massachusetts DUI, OUI, DWI, or “drunk driving case,” where the person arrested has allegedly refused to submit to a chemical breath or blood test. Depending on the OUI defendant’s prior record, a breathalyzer refusal can result in a lifetime license suspension, with no ability to get a hardship license.

When counting prior offenses to calculate the length of a breathalyzer refusal suspension, under Melanie’s Law, the Registry uses a lifetime look-back period and can count offenses in any jurisdiction. Adult first offenders must serve a 180 day suspension, 2nd offenders are suspended for 3 years, 3rd offenders are suspended for 5 years, and 4th offenders, who refuse the breath test, are suspended for life. Given these high stakes, it usually makes sense to appeal your breathalyzer refusal suspension. This appeal must be filed within 15 days of the suspension and neither the Registry nor Massachusetts Courts will accept late appeals.

In order for a breathalyzer refusal suspension to be valid, the arresting police officer must establish that he or she had reasonable grounds to believe that you were committing the crime of OUI, that you were placed under arrest, and that you refused to submit to the breathalyzer test. Importantly, “refused” does not mean that you tried your best, but could not complete the test because of medical or other legitimate reasons.

Moreover, in order for a refusal suspension to be upheld, the refusal must be witnessed by someone other than the person refusing and the arresting officer. This means that another police officer must have observed the refusal and properly documented it in a police report, which must be signed under the penalties and pains of perjury. Additionally, the police report must properly explain the circumstances surrounding the refusal. In order for the breathalyzer refusal to be considered valid, you must have been specifically informed that your license would be suspended for at least 180 days up to lifetime.

It is not unheard of for Massachusetts police departments to use old refusal forms which contain inaccurate information regarding breathalyzer refusal penalties. If these outdated and inaccurate forms were used in your DUI case, and you properly appeal your suspension, you will automatically win. The burden is on the police to accurately advise you regarding the consequences of refusing the breathalyzer, so that you can make an informed choice.

Procedurally, breathalyzer refusal hearings are conducted at the Massachusetts Registry of Motor Vehicles in Boston. They are held on a walk-in basis and the hearing must be conducted within 15 days of the license suspension. Filing for a hearing involves completing the Registry’s Breathalyzer Refusal Appeal Form and submitting affidavits and any documentary evidence for the Registry or Court to consider. Depending on the case, a legal memorandum should also be submitted. Most of the time, the Registry “rubber stamps” the refusal suspension and the aggrieved driver must appeal to District Court, where a judge will review case. Many suspensions have been overturned at this level, because the police did not follow proper procedure or the refusal is otherwise legally infirm.

If you are facing a Massachusetts chemical test refusal, you should immediately contact a qualified attorney to discuss your case. You may be able to vacate the refusal entirely and save your license.

Hiring a Criminal Lawyer

There are a number of situations in life when you have to decide whether to hire a lawyer. For instance, if you’re purchasing a house or having trouble paying your bills, hiring a lawyer may not be a necessity, but it’s a good idea nonetheless. However, if you’ve been charged with driving under the influence, assault, or some other crime, hiring a criminal lawyer is mandatory. You’ll want to make sure that your legal rights are protected throughout the entire judicial process.

But where do you begin, when you’re hoping to hire a qualified criminal lawyer? One of the best ways to find an effective attorney is to consult with your family and friends. There is nothing better than a personal recommendation, especially one that comes from someone who is close to you. However, there are times when it might be difficult to obtain a personal referral. In those situations, you might consider consulting the local bar association or an Internet site such as lawyers.com. The Internet, in fact, can provide a wealth of information about individual lawyers. For instance, you can find out about a lawyer’s level of expertise in criminal law, biographical information, whether the lawyer is in good standing with the bar, and other pertinent facts. In addition, online archives of your local newspaper might include articles about cases that a particular lawyer has tried. You’ll want to hire a lawyer with plenty of experience in the area of criminal law involved in your case, whether it be traffic offenses, drug crimes, or white collar crimes.

The next step is contacting the lawyer’s office. If an attorney cannot meet with you on short notice, don’t count the lawyer out. Effective lawyers are quite busy, so, if a lawyer is short on time, that may actually be a positive sign. Pay close attention to how your call is handled by the lawyer’s staff. The staff should be courteous and be willing to answer all of your questions.

You should be aware of the fact that criminal defense lawyers tend to charge by the hour. As an alternative, they may charge a flat fee up front. Generally speaking, rules of professional conduct bar a lawyer from charging a contingency fee for a criminal case. Since legal fees can vary, you might want to engage in some comparison shopping. However, be advised that the better lawyers tend to charge more for their services. Since your freedom and reputation are at stake, you should invest in the best lawyer you can afford.

Given the fact that criminal cases are often settled through plea agreements with a district attorney’s office, it can be important for a criminal lawyer to be on good terms with the D.A. Certainly, good relations between the two can only enhance your case. Therefore, you’ll want a lawyer who has fairly regular contact with the prosecuting attorney in the county in which your case resides. Also, it’s a good idea if you hire a lawyer who is affiliated with a group such as the National Association of Criminal Defense Lawyers. Such an association shows that your lawyer wants to keep abreast of new developments in the area of criminal law.

Prior to hiring a criminal lawyer, be sure to ask for references. You’ll want to know how clients view the attorney’s expertise. You should also obtain a copy of the law firm’s brochure, so you have a clear understanding of the outfit you’re dealing with. It is also vitally important that you obtain a copy of the lawyer’s retainer agreement so that you’re aware of any up-front costs involved in obtaining legal representation.

In the end, you’ll want to select a lawyer that you’re comfortable with, one that truly understands your case and can work well on your behalf. You’ll find that an effective criminal attorney is well worth his or her fee.

The Dangers of Spending by Credit

It is not new to know that every American uses credit card today. Not only is it inconvenient to carry a great deal of cash in your bag but it is unsafe as you walk in any street, even in the land of the free. The metro style advances the use of credit cards, however, there are dangers that you must know in order to take caution now.

What can possibly happen?

You can become a victim of identity theft. It is an evil of credit cards that puts its owners in a vulnerable situation to be exploited until every cent is exhausted. People can be irresponsible in not paying debts on due dates, spending to the credit limit and incurring a terrible debt. However, identity theft can be a much difficult problem as it may ruin your financial future and your life.

This is the credit danger that you will never want to experience because it is a traitor. Once your information is in the wrong hands, anything can happen. And since you do not even know that fragile information has been hacked by another, a month or a whole year can be used to access financial gains, illegally.

You may be able to suspect a case of identity theft through the following set-ups:

1. A change of information
   
   Look at the basic information that is in file with credit report bureaus. Is there a change of information like mailing address, that is why, you have not been receiving your bills?
2. Extra transactions uncalled for
   
   Does your credit report include credit card transactions involving large money that you have not made? Are there credit applications such as loans which you are not liable for? These are clear manifestations of it.
3. Getting strange calls and emails from lenders
   
   If the thief has not yet thought about changing your mailing address, then you may get calls, emails and post mails regarding activities that are initiated by the crook such as loans or the opening of new accounts.

The fact is, you can do as much possible in order to prevent identity theft to happen. If you are suspicious enough, you may get an identity theft check, have your credit history assessed and be in the know before it gets worst. There is only one free credit report every year, but once it is discovered, you may have it for free.

Every time you go out of the house, you need to be on guard. It can do much more than exhaust your money using your credit card. Your information is a key to limitless possibilities of danger when in the wrong hands. Tracing the thief and clearing your name from the damages done by another is more difficult than researching now and securing yourself from identity theft today.

What is My Philosophy As a Criminal Attorney?

I have never been charged with a DUI. I’m lucky, I think. And lately, I’m making much better decisions before drinking and driving. I think that has a lot to do with the fact that I am a DUI attorney and know the consequences of getting charged with DUI, whether they are fair or not. But others I know haven’t been so lucky. I have brothers that have DUI convictions. My dad has received a DUI. And I have some friends that have been busted for DUI. Just like everyone does probably.

And that is part of the reason I became a DUI attorney and criminal defense lawyer. Because every day normal people are out there facing criminal charges for making one bad decision. It is highly likely that for the entirety of their lives before that night they were upstanding citizens, following the law and going about their normal lives. And now everything is in upheaval and the scary thing is that a conviction may follow you around forever.

So you come to me, and I work for you to give you a second chance, to keep your record clean, to move past that one bad decision and continue on with your life with only a lesson learned in tow.

Now, second chances mean a lot of different things to a lot of different people. And what I do as a criminal defense attorney is not just make a couple of phone calls and take the first deal that is offered. No, I do much more than that. My goal is always, for every single client I have, dismissal. Charges dropped. End of case, move on as if nothing happens. And I get that result from time to time.

Second chances, though, for the most part, mean a dismissal after time, or a reduction in charges to a minimal crime, or no jail time and a light fine. For most cases, it really depends on what the facts are. The more leverage I have, the better your case turns out to be. The less leverage I have, the worse your case turns out to be. And contrary to popular belief, we are not miracle workers. We cannot pull a rabbit out of a hat. So sometimes we are limited in what we can do.

In the end, if you make a bad decision and end up facing criminal charges of any kind, you deserve someone like me helping you. We know the odds you’re facing, we know the feelings you are having, and we are here to protect you from a worst case scenario happening. So, the next time you make a bad decision, don’t make it worse by talking to the cops. Be quiet and call a criminal defense attorney to help you out. Second chances are out there, you just have to grab them.

Why Dispute Resolution Provisions Matter

Commercial contracts of all types, ranging from sales agreements to merger agreements, often contain “dispute resolution” provisions. These provisions typically govern what happens if there is a claim or dispute arising out of or relating to the agreement. In essence, the dispute resolution clause is a contractual agreement as to how the parties are going to resolve any differences that may arise.

Having litigated commercial contracts of different types for many years, one observation is that parties often do not pay enough attention to these provisions at the time the contract is drafted. At the time the contract is drafted, the parties are often focused on price and other key business terms. In addition, at the time a transaction is coming together, both sides are typically looking forward to a mutually beneficial relationship. In short, at the time a contract is finalized and signed, neither party tends to believe anything will go wrong. As a result, the dispute resolution provision, if it is considered at all, is often left to the last round of discussions.

Dispute resolution provisions often address two potentially important points: (1) Where a claim or dispute will be decided, and (2) how the dispute will be decided. Both issues require careful consideration.

Where the Dispute Will Be Decided. Dispute resolution provisions often have forum selection clauses, which are also known as choice of venue provisions. These provisions specify which court or courts will decide the dispute, and often provide that the court or courts in a particular jurisdiction will exclusively decide the dispute. Although there are sometimes exceptions, the courts have generally enforced these provisions.

It is easy to see why the choice of venue is important. To use an analogy to sports, the forum selection clause may mandate that the dispute must be decided (literally) in the other party’s home court. Of course, it may still be possible to win in the other party’s jurisdiction, but the fight will almost always be more difficult and more expensive. If the other party is, for example, a large employer in the other jurisdiction, it may be difficult to pick an impartial jury. It will also be necessary, at the least, to hire counsel in the jurisdiction to work with the company’s usual counsel. This adds a layer of expense.

How the Dispute Will Be Decided. Dispute resolution provisions may also contain provisions requiring that the dispute be decided by binding arbitration, instead of in the court system. In arbitration, the case most often is decided either by a single arbitrator or a panel of three arbitrators. Arbitrators most typically are lawyers with some experience in the substantive area or non-lawyer industry experts.

Many companies, particularly international companies, prefer arbitration over litigation. There are pros and cons to arbitration, and whether arbitration is right for a particular party requires consideration of the particular circumstances. If parties to a commercial contract agree to arbitration, the agreement is typically enforceable. In addition, and although there are exceptions, it is extremely difficult to appeal an award entered in arbitration through the court system.

If arbitration is chosen, the dispute resolution provision may also address important topics such as how the arbitrators are to be selected, and where the arbitration is to be held. The dispute resolution provision may mandate that a particular organization, such as the American Arbitration Association or the International Chamber of Commerce administer the arbitration. These organizations (and other administering organizations) also have rules that will often be specified to govern the arbitration. The choice of an administering organization can be important. The use of an administering organization adds a layer of expense in the form of various fees. In addition, the parties must pay the arbitrators’ fees, which can be quite expensive.

Conclusion. The purpose of this article is not to argue for a particular type of dispute resolution provision, but rather to point out the need for parties to consider them carefully before signing a contract. In most instances, the dispute resolution provisions will never come into play. When there is a dispute, however, they become extremely important.

8 Secrets to Avoid Immigration Disaster For Your Business

Secret #1 – Put it in writing. Develop an easy to follow written immigration policy including the basics of Form I-9 preparation, the I-9 storage and retention rules and a summary of both the federal and state immigration rules. Include procedures to investigate any claims of unauthorized employment or fraudulent documents submitted during the I-9 process.

Secret #2 – Train, train, train! While a well written training manual is a great roadmap, you must take it for a test drive to know whether it will lead you to successful compliance. All employees responsible for hiring or completing the I-9 forms should be trained and re-trained at least once a year.

Secret #3 – Audit. Check and double check! Employers must periodically verify their I-9 forms are in proper order and personnel are complying with the I-9 requirements. A systemized audit is the best way to do this. An internal self audit of the I-9 forms by experienced HR managers on monthly, quarterly or bi-annual basis is recommended. Also, hire an immigration attorney to conduct an I-9 audit annually. The attorney will know how to identify, edit and correct I-9 form errors and recommend improvements for I-9 compliance and training.

Secret #4 - Enforce the rules. Your company is not protected by a compliance policy that is not followed. Require individuals with I-9 oversight to strictly compliance with your policy and hold them accountable if they do not.

Secret #5 – Investigate reports of violations. Employers must develop and implement a nondiscriminatory, consistent, and effective process to investigate credible reports from individuals who allege unauthorized employment, document fraud or identity theft. Considering that ICE audits are often triggered by “tips” from concerned citizens, a prudent employer must take seriously any tips it receives.

Secret #6 – Require I-9 compliance from subcontractors. A company is not required to monitor I-9 compliance of its independent contractors unless the company knowingly uses the contractor to hire unauthorized workers or knows the contractor hire unauthorized workers. To avoid any charge that your company knew of sub-contractor violations, take steps to use only compliant contractors. With the help of an immigration attorney, a cautious business may include contract language holding the contractor responsible for their own immigration compliance and reserving the right to cancel a contract if the contractor is found to have violated immigration rules.

Secret #7 – Use E-Verify with caution. E-Verify is an internet-based program that was established to allow Employers to verify workers’ employment eligibility with the DHS and SSA. E-Verify is not a substitute for the I-9 process and does not guarantee compliance or provide your company with protection against audits or claims of discrimination. Before taking any action against an employee based upon E-Verify results, consult with an immigration attorney.

Secret #8 – Consult an immigration attorney before taking any action against an employee. An employer must balance both the verification and anti-discrimination rules of immigration law. While there is never a guarantee against a lawsuit or prosecution, Employers must consider both these rules to avoid any claims of misconduct. A knowledgeable immigration attorney can help you manage these risks, update you on any changes in the law, and advise you as to the lawfulness of termination before you take that step.

How to Find Out If a Radar Detector is Legal Where You Live

While radar detectors can be a very convenient device to carry in the car with you, whether or not they are legal varies from state to state. It is important to know your state’s position on the matter before you decide to use a radar detector.

It is a fairly simple process to discover the rules, and you should understand all rules that relate to radar detectors. It is almost always illegal to carry a radar detector in a business or commercial vehicle, and it is completely illegal to use one on a U.S. military base of any kind, anywhere.

The first place to visit is your state motor vehicle website or office. They will not flag your license plate number if you ask them the question and it will in fact show responsibility on your part, because you’ve bothered to ask. You may be surprised at the number of people who do not check this information and then claim ignorance when caught.

You can also contact your local police department and they should be able to assist you with a quick yes or no answer. There may be further clarification needed on certain situations so don’t be afraid to ask for it. Police are not ignorant to the fact that people use these, and will know whether it’s legal in their jurisdiction.

If you travel regularly, then it is your responsibility to find out the rules in other states. This can be done with a simple web search or looking for the appropriate governing body online or via telephone. If you are caught out of state and hit with a fine, ignorance or living in a legal state will not protect you from guilt.

If you are discovered with a radar detector that is not legal, then you will end up receiving two fines – one for speeding if this has been recorded, and another for using the device in the first place. Even if you are not speeding, simply having a radar detector in your vehicle can be an offense so it is best to remove it or conceal it if you’re traveling interstate.

While it may be appealing to continue to use the product illegally, you must understand your rights and responsibilities. If you’re caught you may also have the radar detector confiscated, which is potentially hundreds of dollars down the drain along with the cost of the fine.

It’s also very important to learn of any nuances with the state regulations before you get pulled over. For example, in some states they operate on weight – if your vehicle exceeds a certain weight level, then radar detectors can be illegal.

Also keep in mind that laws can change. What was accurate three years ago may no longer be the case so it’s worth checking regularly for updated information. A change in law since the last time you looked into it does not mean you can be exempt from fines. Knowing if a radar detector is legal in your state or those you travel to is your responsibility and therefore worth finding out.