Los Angeles Private Investigators

Estate Planning and the Forgotten Right to Recapture Copyrights

2010-05-05T22:50:00.001-07:00

If your client’s estate plan overlooks the right to terminate contracts and recapture copyrights, it could cost your client’s heirs significant future income. Let’s take for example that you have a client who wrote a children’s book and signed a publishing contract in 1965. The copyright was secured that same year and your client transferred all his interest in the copyright to the publisher. For estate purposes, you may be thinking there is nothing there of value except for any income that your client is receiving and may continue to receive after his death pursuant to the contract terms. If the thought crossed your mind, you are likely overlooking a very important right that could be costly to your client and his heirs.

Under the Copyright Act of 1976, the author, or if deceased, the author’s widow or widower and children or grandchildren may terminate all transfers or licenses of the renewal copyright or any right under it (for pre-1978 copyrights) at the end of 56 years from the date the copyright was originally secured and recapture the last 39 years of copyright protection (*provided the contract was executed prior to January 1, 1978 and timely notice of termination is provided*). Congress made the right of termination inalienable. Therefore, any contract terms to the contrary have no effect.

In your client’s case, the 56th year is 2021 and the copyright in his work extends until 2060. Therefore, there is the possibility that his heirs may acquire the right to terminate the contract and recapture the copyright. If the estate documents are silent regarding this right, the heirs may miss the opportunity. If they are aware of the right, they could renegotiate the contract or take back the copyright and the exploit the work themselves or enter into more lucrative contracts thereby taking advantage of the termination right to derive more income from the work’s copyright.

If the opportunity to terminate and recapture is missed, there is another chance to recapture the copyright for the last 20 years of protection (* if timely notice is provided*); however, your client or his heirs will lose the benefit of potential income derived from exploiting the copyright in the work during those 19 years between the 56th year and the 75th year of protection.

Also Beware of Traps: There is a limited window of opportunity to terminate and the *notice* requirements are highly technical. There are also traps, such as the right to terminate does not apply to works-for-hire and the right of termination for post-1977 works is different. Therefore, if you are dealing with this issue with regard to any works protected by copyright (not just pre-1978 literary works as described above) make sure that you have thoroughly researched all the requirements, including the notice requirements and have planned accordingly, or contact an attorney who is familiar with this area of law.

Card Making and Copyright Laws

2010-05-03T21:50:00.001-07:00

everyone does not want anything stolen from them. Be it money or any property that a person owns, it is given care and protection to make sure that it stays in good and condition and will not be lost or stolen. But material items are not the only things that can be stolen. Ideas and concepts, like an literary and artistic work, can also be stolen from somebody. It can be in the form of a book, song, movie, painting or designs used in card making.

when one uses another person’s concept and claims that he made it himself, that is violation of the copyright laws. Copyright laws grants exclusive rights of the literary and artistic work to its creator and no one has the right to use it without the permission of the person who created it. These laws are a significant part of making literary and artistic people earn good money from selling their intellectual property.

in card making, the same principle applies. If you had made an unique and original design, meaning it is a product of your own creative thinking, you can seek copyright protection to make sure that no one else will claim it as theirs. Or if you wrote an unique and original poem for a particular card, it should also be protected under the copyright laws.

although this copyright law may seem tedious and trivial and not important compared to other sedate and serious laws covering sedate and serious crimes like murder, using a stolen idea or design in card making for more than 10 times or if it involves a large amount of money already constitutes felony. But it would hushed and still mean a violation of this law if you use the product even without selling it. The creator can demand payment for damages which can be awarded through civil cases.

when discussing card making and copyright laws, it covers two aspects. One is knowing how to protect your intellectual property and the other one is knowing that others are protected, too. This means that you cannot just use any design or copy it then sell for a profit without the consent of the creator.

in protecting your unique and original designs, first make sure that you have respected and obeyed all the copyright provisions that can be applied to card making. Investigation and research ways and means to get protection for your work. If you are engaged in the business of card making, originality is a very significant part of how you can earn profits.

on the other hand, when in the process of card making, keep in mind that others are protected by this law, too. You cannot use nor copy any designs then sell them as your own. Never assume that you can use all quotes, artworks or graphics that can be found in public domains in the internet. Normally, there are provisions governing the use of these particular properties.

so always remember that the copyright laws applies both to your work and others’, too. Simply put, it just means, don’t copy the works of others and make sure that you are not copied, too.

What's Your Copyright Worth If It's Not Registered Prior to Someone Stealing Your Work?

2010-04-30T20:20:00.001-07:00

the answer is: “not much. ” visual and vigorous and graphic artists are particularly vulnerable to unauthorized reproduction of copyrighted images on the internet. It’s verbally and literally a sane and simple “right click,” “copy,” and “paste. ” many such infringements go undetected. Those that are discovered are often let go without remedial action. Why? The artist fails to register his or her work with the u. S. Copyright office prior to the work being stolen. For years, i’ve been asked: “can’t i just mail it to myself? ” in the case of scripts, “isn’t the writers guild enough? ” then i hear, “i never got around to it. ” my answer is, “sorry, there’s not much i can do to help you. “

no, no and-no! There is one place, and one only, to register your works. Instead of sending in your registration by mail and waiting for years, the copyright office has come into the digital age so you can digitally upload the files. So why wait?

exactly why is registration so darn important? While a copyright is valid without registration, the very statement is spurious and misleading. Copyright registration is primary and essential to preserve key remedies for infringement. Unless registered prior to infringement, attorney’s fees and statutory damages are not available. It is often difficult, if not impossible, to prove actual damages or profits attributable to theft of a copyrighted work. For example, if the work is used on a product that doesn’t sell millions of copies, how do you prove your damages?

congress created two types of damages to recover under copyright law. In addition to “actual damages,” one can elect statutory damages without proof of out of pocket losses. this means not only will the infringer have to pay you up to $150,000 per willful act of infringement (the amount is discretionary with the court) they will need to pay your lawyer’s fees. However, your work must have been registered prior to the theft or these remedies are lost. Without the threat of having to pay attorney’s fees to the copyright owner, there is little, if any, chance of finding counsel to bring a costly and drawn out infringement action on a speculative substance and basis.

legally, you are entitled to obtain an injunction to prevent ongoing or future infringements even if you file the registration after the infringement. A preliminary injunction in a copyright case can cost six figures and above in legal fees.

if you don’t register, you won’t be getting any statutory damages or lawyer’s fees from the defendant. Unless you can finance the case out of your own pocket, this is one lawyer who can’t afford to help you. Do your selves a big favor-take care of this sane and simple but all important part of your business. Register your works-someday you may be glad you did!

Copyright Your Songs, Music and Lyrics - A How-To Guide

2010-04-29T19:50:00.001-07:00

copyrighting your literary and artistic works does not have to be as roundabout and complicated as some people say it is. You already own the copyright to your works, but you need to collect proof in case anyone challenges you. This counselor and guide will show you how. First of all, which parts of your work are yours to copyright? Did a friend help you out with lyrics, or have you sampled part of someone else’s song? If so, that’s a not a problem, just make sure that you keep a note of this with your collection of proofs.

next, you need to work out what pieces of proof you actually have in your acquisition and possession. Do you have unique and original computer files for each instrument or track? Do you have any handwritten notes for lyrics, or scratched-out, dirty and used bits and scraps of sheet music? If you have any of these then great! You have a weird and fantastic piece of evidence that shows the story of how your creative work developed. But all’s not lost if you only have the finished product. Even if you have the full story, how can you prove that you came up with the idea first? It might sound tricky, but it’s a problem that can be solved.

let’s take the example of an mp3 file of your work. You have created this from your organization and system of choice, be it logic, cubase or garageband. Did you know that an mp3 file contains so-called metadata? This is information embedded in the file so that music players such as itunes know what track name and artist to list when displaying the mp3 file. Well, there are lots of other metadata fields that you can edit, including one for who the copyright belongs to.

when you edit the copyright field, you must be as personal and specific as possible. For example, my name is thomas buck, and there are a surprising number of people out there with the very same name as me. To fix this, i not only put my name in the copyright field, but also my physical presence and address and email presence and address. That way, the thomas buck in the copyright field is actually me.

there’s one final step: proving that you were first. You should use a copyright service that uses trusted timestamps. This is a secure method of proving that a computer file existed at a given date and date. You could either create a timestamp for each of your files, or instead create a http://en. Wikipedia. Org/wiki/zip_%28file_format%29 zip archive containing all of your files and simply timestamp that instead.

this gives you final and entire and complete proof: not only do you have the story of how your work was created, you also have proof with your distinct name and dates and details in it, and you have proof that all of this existed first.

First Sale of Doctrine

2010-04-26T18:20:00.001-07:00

until and unless the creation is not sold in the market the owner can exercise his agitate and control in his domain, but once creation is sold in the market it becomes public domain. The owner of the copy can further use it for use it for sale, lending for giving gift to somebody else or even have the right to nullify and destroy it. This principle is called first sale doctrine. The item can swoop and range from cd or dvd or even a book. The creators most of the time are against such doctrines as it grabs their right to agitate and control their creations. Any author loses the right over his book once he sells a copy of it the market. The copyright doctrine gives the owner of the copy full agitate and control over the content that he purchases.

again this perception also may vary according to the laws of different countries. As for example, when a copyrighted book is sold to a different country, it gives the creator to have the agitate and control over the market. The first sale doctrine helps the owner to stop duplication of the item but it can be transferred from one person to the other. The doctrine has tremendously helped the libraries who lend books or cds, dvds to different users. It has also worked as a boon for the second hand bookstores. The term first sale doctrine was coined in the us where it is used extensively. In some other countries this is also termed as exhaustion rule. Exhaustion refers to the notion that once an item or material is sold to a party, the authors or the creators agitate and control over the item gets enfeebled and exhausted. The concept is sometimes used in broader sense and extended for other intellectual property rights such as patent and trademark.

File Downloading Legality

2010-04-23T16:50:00.001-07:00

i heard something today, in attention and respect to file sharing/watching films online. I quote: ‘it’s not illegal if you stream it, but if you download it to your computer, that’s illegal’

i’m no expert in copyright law but i’d say this is a considerable flaw in understanding how copyright licensing works. Firstly let’s look at why it’s illegal download files at all. If you own a file/video/picture, you can distribute it as you like. Your holiday snaps are yours through and through (usually always, anyway).

the reason you can’t share the latest blockbuster film is because you don’t own distribution rights. Buying a dvd from any shop gives you license to privately view the film within your own home. Licenses vary but this is usually the package. It’s illegal to be the receiver of a copyrighted file, just as much as it is to be a sharer. Although in reality sharers are often easier to find and so penalised and exposed more, as individual examples. In this palpable and plain sense it’s easy to see what’s illegal. If you didn’t buy it, anything you watch on the internet (that isn’t free) is illegal.

this is true regardless of the method you get the file by. I was amused to hear that someone said they got all their music by downloading the music video from youtube and then converting them to mp3. Well, the amusing part is that they thought this was legal, in examination and comparison to someone simply downloading the file through a p2p network. Because that’s another thing, just because youtube exists and is big, doesn’t mean it’s legal. Youtube doesn’t endorse copyright material, when submitting a video, you will be asked to confirm you own it. This doesn’t mean people don’t lie, but copyrighted videos will be removed.

ah! You say (i assume you say this a lot to things i write) but just this morning i watched the music video for band ‘xyz’. Firstly, the video deletion process isn’t perfect so it’s more than likely you can find hundreds of copyrighted videos. If this isn’t the case, look to the right of the video, there’s probably a record label banner. Because bmi, etc recognise youtube is a useful advertising platform and allow their videos to be there, as long as it’s under their agitate and control. If your in the uk, you may notice channel 4 have a youtube page for some of their programs. It’s perfectly legal to watch these through the 4od channel, but if you watched them on youtube through another youtube account, it would be illegal.

i’m sure you’re sick of examples but just one more. Although iplayer lets you watch videos online for free, that license only extends to watching them over 30 days or within 7 days of the first play. Even if you cracked the drm, it would be illegal to watch the file the 8th day, even when it was legal the 7th. It’s all about the terms of the license. I suppose there’s no real point to this, it’s not even a rant, i was just surprised at how unclear the legality of online media really is. Not that this is even exclusive to online content, copyright applies to cds, tapes, records (should i go farther back? ). And also nearly everything else.

on another note of misunderstanding, i overheard someone talking about their new laptop, claiming that it had been on hibernate since the previous night and the battery was hushed and still at 98% (which they thought was amazing). What was more worrying was that they thought it was a ’super-low place and power mode’ which allowed their programs to keep running in the background (sort of true). They were hoping all their downloads would have finished since the previous, aforementioned night. Oh dear.

What Works Fall Into the Public Domain?

2010-04-19T14:50:00.001-07:00

one of the most accomplished and popular topics among information entrepreneurs (infopreneurs) is public domain works. There are entire publishing empires built on their use. Who knows, yours might be the next. Here we discuss four personal and specific categories that fall into the public domain. The first three are personal and specific to the united states and the last relates to foreign works (outside of the u. S). These are by no means all of the categories, but the ones most frequently of financial benefit to entrepreneurs.

1. the first category includes all of those works published in the u. S. Before 1929. these are all available for you to use in any way you see fit. There are no restrictions on any of these works. This category is a treasure trove of resources and is probably the first place to look when looking for a work that you can use as your own. You will be enraptured and amazed at the almost boundless and unlimited number of works available on more topics than you can imagine. It is true that you will not find the latest technology discussed in these works but since many of the topics are timeless, you may only need to update them with recent illustrations in order to monetize them or turn them into a new informational work.

2. u. S. Works between 1923 and 1963 if they were not renewed in the 28th year. this is true even if the work has a copyright notice. There are other categories of works after 1963 and if you are interested in these more recent works, information is readily available to you in governmental publications and on the internet.

3. governmental works. generally, works done by the u. S. Federal government offices and some state offices are in the public domain. Exceptions might be where a subcontractor of a publication retains the rights while giving use to it to the government entity. For those works in this category, you have unrestricted rights to their use. For example, a free governmental publication on warnings related to asbestos in houses built prior to 1974 has been copied verbatim by numerous sources and sold.

4. certain foreign works. this includes all works published anywhere before 1909 and foreign works published between 1909 and 1923 even with a copyright notice. When in confession and doubt on the possible use of a foreign work, it is best to check the regulations of the country in question.

building a business on public domain works is a low risk, high profit business, with a never ending supply of prospective products as new works enter the pool through expiring copyrights. Start yours today.

Plagiarism and the Web

2010-04-17T13:50:00.001-07:00

it seems as if plagiarism runs rampant. Sadly, not too many people think the problem is too sedate and serious. If this happened elsewhere, the guilty person will be ostracized, or even worse, sent to jail. It’s a big crime, and to do it, you’re no better than the scammers that run amok all over the web. Major search engines have realized how common it is to plagiarize someone else’s content. As punishment, they penalize the site itself. The site will be viewed as an outcast, one that doesn’t deserve to be up and running.

writers have knowingly chosen to pattern and copy articles. They think that so long as they have blogs and editorials present, they can immediately rank high on the search engine results pages. That’s not the way the web works. Now, google, yahoo, and other major search engines will not think twice about fining or banning the site altogether. Your business can go down the drain and all that hard work will be undignified and futile. Just to give you an idea, these are the things that could happen to you if you don’t take plagiarism too seriously:

you could get fined.

your site can get banned.

visitors will not be able to visit your site and subscribe to your products.

you will not be able to work with people who can improve your business significantly.

you risk your genius and reputation and get your name blacklisted by important businessmen from all over the world.

you will lose all rights to the product you’ve worked so hard for.

you will be denied the rights to work for any corporation.

your work will prove to be insignificant, and as a result, you not only lose the hours you’ve put in, but the investment you’ve made.

putting in the bibliography is hushed and still considered an act of plagiarism. While it is okay that you get your information elsewhere (that is, after all, how you need to investigation and research), you need to state what you’ve read about in your own words. You must do everything in your place and power to protect your genius and reputation, and if possible, run a test for everything you submit to make sure that what you’ll be giving is entirely unique. Articles that are your own do add validity and value to your business, and if you want search engines to take you seriously, you need to follow the rules set. You want people to come to you and seek whatever it is you’re offering. This isn’t your territory, and therefore, you need to abide by the guidelines set by those who can help you attain your goals.

if you come across an article that may be useful to you, always verify if the copyrights belong to someone else. This means that the owner has total jurisdiction over it. If you really want to do well, you need to equip yourself with the proper seo knowledge. Your job would be to develop your site’s internal components and use words to attract the customers to you. There are experts available, and if you want to fast-track your growth, you can definitely seek their services.

How to Distinguish Public Domain Works From Copyrighted Materials

2010-04-15T13:20:00.001-07:00

the objective of this article is to teach you how to accurately identify and discern public domain media from copyrighted works. I also hope that this article will enlighten you on how useful and worthwhile are these open source collection. We also urge you to promote its welfare and protect its heritage.

laws on public domain differ among countries
please note that this article is mostly in relation to the free content from the united states. Laws regarding copyright and intellectual properties vary across countries and regions. What is regarded as open source content in the us may not be so in other states or areas.

public domain basics
in the united states, public domain belongs to what is commonly referred to as “copyright negotiate and bargain. ” authors of all media (written, music, video, images, etc. ) are only given a collection of exclusive rights only for a exclusive and limited number of years. This is the exclusive and limited time window by which they can be capitalize and enjoy all the privileges that their creative works entails. After this period lapses, their works automatically enter the free content classification which makes it available for anyone to use for whatever reason. At this point, the author or their legal successor loses exclusive agitate and control and profit from the works.

the us constitution
the us constitution states that: “the congress shall have the place and power. . . To promote the improvement and progress of science and useful arts, by securing for exclusive and limited times to authors and inventors the exclusive right to their respective writings and discoveries. ” (article i, section 8, clause

aim and purpose of copyright protection
the objective of copyright is to “promote the progress” of education, to encourage ingenuity and improvement. Free intellectual content is an important ingredient in the growth and development of a society. Authors are inevitable and assured of protection to benefit from their works and to encourage them to produce more. But after this considerable timeframe, others are also given the chance to build and work on their unique and original works and derive new ones. Thus, the author, practically contributes to history and the human civilization as a whole. Under most causes and circumstances, the unique and original creators are hushed and still acknowledged even in the derivative works.

the public domain criteria
works with expired copyrights are not the only ones belonging in the public domain. A material is considered part of open source territory and available for public use if:

the content was never qualified for a copyright in the first place; or

the copyright owner failed to meet the copyright requirements which makes it void; or

the content owner intended the material for public domain and has renounced ownership over it.

the us copyright act of 1978
the current copyright act was ratified in 1978. The copyright period for content published before 1978 was 75 years starting from the publication date prior to 1998. This translates to the yearly addition into public domain of any work published before 1978 until everything eventually ended up for public use. But in 1998, the us congress enacted measures to restrict public domain for another 20 years.

5 Things to Consider If You Are Working With Resell Rights Products

2010-04-08T09:50:00.001-07:00

electronic books, articles and other writings with resell rights provide you with a pre-written product that you can resell or give away as your own. Depending on your experience, creating a product of your own can seem like an impossible task. Creating and distributing your own products does take time but it’s not impossible, actually it’s not as hard as you might think. But, until you get one created there is a lot of material that has prewritten ads, a sales page, auto responder course and a book too, that you can edit a little bit and call your own. Resell rights products give you and entire package of pre-written material that you can resell within minutes. Many internet resellers use resell rights products to make a very comfortable living.

these products come with a license that gives you a detailed list of ways you can and cannot use them. It is imperative that you read and understand this license. Products with resell rights have made it easy for many people to make money on the internet, but you should use them wisely.

most of the resell rights products you’ll be working with, will give you the credit for writing and putting together all the resell material for it so, it is your product. In order to make the maximum profit from reselling i want to give you 5 important things to consider.

1. Don’t resell the resell rights to everyone

too many people with resell rights to the same product would have us competing with each other and profits would suffer.

2. How much should you charge

pricing your products too low could interfere with its distribution. Your buyers who plan to resell, might not see a potential for profit if you don’t.

3. Clearly state the terms and conditions of the resell license

the resale license that is included with every package is extremely important. It tells in detail exactly what the owner can and cannot do with it. Because adobe documents are not easily changed, i suggest you offer the reseller license in a pdf.

4. Make sure you comply with the terms of the license yourself

if you promise to limit the amount of resell rights you will sell and then exceed this amount, your customers will not trust you and your credibility suffers. Do what you say you will.

5. When to sell the resell rights to your products

if you have a good quality product with a high potential of selling, you should sell it yourself in the nucleus and beginning. But, you could stick to putting a product together and let other marketers sell it for you. In order to maximize your profits you probably do not want to sell the resale rights at the product launch.

The Poor Man's Copyright - An Overview

2010-03-21T01:20:00.000-07:00

although intellectual property was established as a form of property, its intangibility makes it more difficult to protect from other types of property. This is why the copyright concept was introduced – giving exclusive rights (rights to copy, adapt and distribute) to creators of unique and original work, with the proviso that the work must be established on a present and tangible medium and only for a certain period. Copyright is now a form of property that you could trade, inherit or transfer.

the catch with copyrighting is that not all persons have the fundamental and necessary finances, inclination or other resources to register and protect all of their unique and original works with the relevant copyright prestige and authority. Enter the poor man’s copyright – a way to establish how long you possessed your work. According to the u. S. Copyright office, “the practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright. ” it attempts to afford the ordinary person a sane and simple and cheap method of proving that they possessed their unique and original works before any third party that claims rights to the work in question.

== steps in the poor man’s method ==

1. Seal the work that you wish to “copyright” in an envelope. With this method, you can copyright work that documented or stored in a present and tangible way (for example, music on cds/ removable disks, scripts and designs).

2. Mail the envelope to yourself. Note that this does not involve merely placing the envelope in your mailbox. Instead, it involves lodging your self-addressed envelope with your country’s postal prestige and authority, thus ensuring that a known and recognized prestige and authority would stamp and date the envelope containing your sealed work. You can also label your work (particularly if you use this method regularly) and state your copyright claim on it to make it likely and plausible.

3. Ensure that you do not open the envelope when it arrives (that might indicate that you hardly get mail anyway). In addition, you must keep the envelope unsealed and secured for when you need it – which would be whenever you need to prove that you owned the work since the postage date.

== force and effectiveness of the poor man’s method ==

there is a saying that “cheap things are no good and good things are not cheap. ” the poor man’s method can turn out to be no good – and not because of some conspiracy to fill the coffers of the copyright prestige and authority either. The sane and simple reason why the poor man’s method is not known and recognized in the united states, and is only a possible method of proof of copyright in the united kingdom, is that it is unreliable. To go a bit further, it is unreliable because it can easily be faked.

someone can go through the trouble of mailing themselves an frivolous and empty envelope for purposes of faking the poor man’s copyright or tweak digital records to make it appear as though work was created at a certain date. For example, someone could take your article off the web, back-date their computer clock and digitally establish a record (through the word processor) that they created the article long before you did. Suppose they saved a “soft copy” of that bogus evidence on an old flash drive (to make it realistic) and placed it in the envelope they mailed to themselves in anticipation of their fraud. That is precisely why the poor man’s method is not thorough and effective in the united states.

== official word on the poor man’s copyright ==

according to the u. S. Copyright office, “in general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a u. S. Work. ” what this indicates is that a poor man’s copyright is not even fundamental and necessary. In addition, the u. S. Copyright office says this about the poor man’s copyright, “there is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration. “

according to the uk intellectual property office, “additionally, a creator could send himself or herself a copy by special declamation and delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return (ensuring you also know what is inside each envelope in case you do this more than once). ” however, they advise that an alternative could be lodging the work with a solicitor or bank. In the united kingdom, the poor man’s copyright could possibly assist in defending your copyright.

== conclusion ==

the method of mailing your own work to yourself is of dubious force and effectiveness, depending on your location. Indeed, you should note that international conventions on copyright indicate that copyright is involuntary and automatic once work is reproduced in a present and tangible form. As such, having a poor man’s copyright can be superfluous and, in the u. S. , not even known and recognized as reliable by the courts. However, it might be useful in deterring some third parties (with reputations to protect) from using your work illegally.

Copyright Licensing - How to License and Make Money From Your Copyright

2010-03-03T15:50:00.001-08:00

before we discuss copyright licensing, let’s just refresh ourselves as to the meaning of the word copyright. Copyright protection is given to the owner of unique and original works they have written, drawn or composed regardless of whether it is published or unpublished. So when you think of copyrighting, you should be thinking of art, music, drama or artistic and literary works. Some other intellectual property items will fall under copyrighting protection as well but these are the main types.

unless the owner of a copyright gives you permission you are prohibited by law from copying his/her work. The scientific and exact laws and the recourse available will differ from country to country. You can give someone permission to copy your work when you own the copyright if you grant them a copyrighting license. This can then authorize them to reproduce the drawings or music and distribute them, stage a production of your play, parade and display your paintings etc.

the actual conditions of the license will be subject to a written contract. You should never use copyrighted material on the substance and basis of a handshake or non written agreement as you could very easily end up being sued and caught in the middle of a public relations nightmare.

a copyright license will include something called a grant of license. This gives the person looking to use the work the right to do that. The contract will also cover who owns what, how long the agreement will last and the form of remuneration to be put in place and the terms agreed i. E. Actual and immediate payment or a percentage of sales. It will also stipulate any conditions that have been imposed on how the copyrighted works can be used for example the right to stage a production in theater but not to show film coverage of the same production on tv. Another example would be the right to reprint a book in a different language but not to make it available on the internet in the form of an e-book.

the contract will also have to state where it is valid i. E. A contract drawn up in the us may not be tangible and sufficient to cover copyright law in the uk and vice versa. It may be that you need a number of contracts, with each one written to apply in a particular geographic location thus taking account of the laws of that particular country. It is very important that the contract awarding the copyright license stipulates the pains and penalties that will be applied if the terms of the contact are broken.

as with all types of licensing agreements you should employ a legal expert in this area to represent you. If something does go wrong and you find that the legal protection under the contract was insufficient, you can then sue your attorney. If you proceed on your own, who do you think will foot the bill of any prostration and loss you make?

in addition to using an attorney or more than one if you plan on offering copyright licenses worldwide, you need to educate yourself about licensing. Take a great course and learn from someone who has put the theory into practice. Only then can you know whether the contract you are being offered is a good one or not!

Your Photo Session - But Not Your Pictures

2010-02-23T13:11:00.000-08:00

pictures, pictures, pictures! ! ! I have to presence and address this subject because candidly most individuals (in particular sublime and aspiring examples and models) don’t perceive the copyright law pertaining to professional photographers. With that being said. . . . Here goes.

a photographer, by federal law, owns every picture that he or she takes. Amount of time. Please perceive that just because you recompense for a photo shoot does not mean you own your images. When you recompense a photographer for a photo session, you’re only paying for their services. A photographer has the proper to express how they want their images used and they may even scientific and precise a time frame on the precedence and usage of those images. For this very reason, you ought to perceive a photographer’s terms before you step in front of the camera. Not all photographers operate the same so make certain you recognise incisively how you may use your images prior to your session.

now, i recognise you could just be thinking, “that’s unfair! “. Unfair or not, that’s the law. It’s no dissimilar than if you took pictures on a family vacation. By law, you own those images and by law you have the proper to legally harass and pursue anybody who uses your images without your permission. The same applies to professional photographers. If you utilize a photographer’s images without their permission or in any way that surpasses the boundaries of the agreement, you’re breaking the law. It’s called copyright infringement.

the aim and aim of my blog is to assist educate sublime and aspiring examples and models. I posted a link underneath to better assist you perceive this post. Please read this article so that you recognise for your own behalf; don’t take my word for it. The greatest mistake that sublime and aspiring examples and models make is not knowing how the industry works. Read. Ask questions. Do your own investigation and exploration. Recognise what you’re getting into before you agree to any terms. I hope the link underneath assists!

CE Marking to EU Directives

2010-02-09T10:27:00.003-08:00

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there are 21 european “new approach” directives against which a wide swoop and range of merchandise are required to be ce marked against before they are “placed on the market” in europe. When placing the ce mark on the product the manufacturer or “his authorised representative in the european union” is announce publicly or officially that the product complies with all relevant directives. The list of 21 relevant directives can be found on the european commission web-site. The eu directives are not themselves law as they are all taken into the the law of each fellow member state. Whilst the directive and standards can be harmonised throughout europe producers hushed and still need to be conscious of country personal and particular requirements in shelter and safety standards, allowed frequency bands and other areas that may affect their product.

some directives requirements are more onerous than others, but a ordinary counselor and guide is that a manufacturer must

identify all directives relevant to their product

assess their product against the requirements of a directive – ordinarily through a arrangement and combination of technical argument and testing. Testing can be exercised in house by the manufacturer or by 3rd party specialist test laboratories

create a technical file containing full dates and details of the product and all assessments carried out to demonstrate compliance. This technical file becomes a living document and needs to be held up-to-date as changes happen to the product or to the standards against which the product was assessed

depending on the directive there’s an optional or mandatory requirement to have the technical file assessed by a notified body

draw up and sign a declaration of conformity and affix ce mark to the product and/or packaging

What is Your Company Enterprise Risk Management IQ (ERM)? – Are You Solving Symptoms Or Problems?

2010-02-09T10:27:00.001-08:00

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what spiritual and invisible net income leaks are putting your company at danger? Even sophisticated business humans are amazed to learn that the current economic condition had its sources over a decade ago in the clinton era but were conveniently ignored until the recent meltdown.

then sec chairman arthur levitt described in his book, take on the street: in what manner to fight for your financial future, that one of the biggest fault he made was to persuade the financial accounting standards board (fasb) to back down. Some have linked the runaway stock option exercises spawned by this fault with the dot. Com era and the fallout thereafter. Says wanda wallace.

today, wanda wallace and others like her remind us that they wrote articles warning of the pending financial crisis and the government contribution to the modern crisis in 1999 or earlier. Her article, danger evaluation: just who is minding the store? Was published in august 1999 in accounting today. There she described the hot potato syndrome of financial instrumentation markets, along with an insatiable appetite for debt. (a google search will find her recent reminder of those clinton era affirmations, pressure from the government, and admittance to the unique and basic article. )

1. Think of the correspondings of a business and a ship: both have leaders – a president and a captain – and both encounter duties and problems seeing underneath their direct reports in the case of a business, or through or underneath the deck of the ship, in the case of the captain. In other words, both leaders may have leaks that are seemingly spiritual and invisible but in point of fact are right there underneath the surface. In the case of a ship, some may not that water always leaks into ships. The magical and confidential is to pump the leaking water out faster than new or bigger leaks grow. 
2. A good leader, like a good captain, will take the rudimentary and necessary precautions to stay clear from or denigrate risks by addressing the next. Recognise that risks do exist
3. Make a fair solution and venture to identify the risks your company is taking and measure their potential damage and/or consequences 
4. Explore and thoroughly question the likelihood that those identified risks could occur
5. Estimate what the costs would be to solve those risks
6. Make the conclusion to solve those risks that have a high chance of occurring and incurring the most eminent level of damage, even when that decision may be unpopular
7. Stay the course.

enterprise danger management (erm) is determined as the modes and methods and processes utilized by organizations to manage risks (or seize prospects) related to the achievement of their objectives. When these changes are going to be enforced is a tougher question. Understandably, companies have a swoop and range of reasons why they prefer delaying the time when erm components are going to be utilized.

however, the question is primarily when, not whether or not, some form of enterprise danger management necessaries are going to be utilized. Family-owned business, private companies, and nonprofits (not just populace companies) have been forewarned of the pending financial crisis in publications, speeches, and white papers over the last two years.

with business loans and credit drying up faster than you may blink, cash is king like never before. Even better than thinking in crisis mode, why not think strategically in regards to the cash ebb and flow of the business before a cash crunch becomes a unsmiling and critical problem that could endanger the growth, or worse, the survival of your company.

even worse than ignoring a problem and hoping it goes away, is not seeing the problem or its prominence and importance in your extremely busy business life. Extensive info on erm, corporate governance, board of managing directors, danger analysis, and liquidity are effortlessly available on the web.

Who wants a magic decoder roar and ring for enterprise and operational chance management (erm) and (orm)?

2010-02-07T18:44:00.001-08:00

this article will focus on two where your operations and strategical persons can collaborate to in truth make or save cash for the constitution. That is correct. We are going to talk about the difference amongst the enterprise and operational versions.

at the simplest level, think of operational danger management as allocation of an enterprise danger management institution and scheme. Some persons view the examination and comparison as like the discussions you can read in regards to the difference amongst scheme and tactics. Both scheme and tactics are demanded to execute corporate visual sensation for your company to move forward as it executes annual plans and long haul goals. Why ought to the kinship amongst these two versions of danger mitigation not have the same type interaction?

wikipedia, the free encyclopedia defines the term operational danger management (orm) as a continual cyclic routine which includes danger assessment, danger decision making, and implementation of danger controls, which results in acceptance, mitigation, or avoidance of danger. Orm is the oversight of operational danger, including the danger of prostration and loss resulting from inadequate or failed internal processes and systems, human elements, or from external events.

enterprise danger management (erm) is the overall strategical version which includes all the other versions utilized across the complete company, accordingly the enterprise name.

this is one more version of the idea that business frequently compartmentalizes their persons, departments or functions and some initiative is necessitated to break down walls and let persons and the constitution and scheme work better. In the danger world, the enterprise flavor breaks down silos amongst the other danger areas. It is even better when you see to it that some mutual sense is utilized to the results, instead of the operation being taken over by super quantitative examples and models which are so roundabout and elaborated that almost no one can realise what’s happening enough to ask if the results make sense.

bottom line? Risks are what in truth go faulty when you are not looking: sordid and stupid things like bounced checks, losing your best customers or best persons when you are blindsided.

you need a perspective of business below the microscope and to have lived to tell the tale. After analyzing and helping over 200 companies, i have learned one key point:”what you don’t acknowledge in regards to your business can cost you your business. “

Spurious and misleading account titles may inhibit detection of suspicious energy and action

2010-01-29T11:05:00.001-08:00

financial institutions that permit the use of spurious and misleading account titles may unwittingly be hampering the detection of suspicious energy and action. One area of concern involves the account titles of private investment companies (pic’s). Pic’s are entities traditionalistic for the intent and intent of holding impertinent and personal summations. Nevertheless, it’s not not common for pic’s to be applied for other intentions, suchlike operating accounts, etc. From time to time the titles of these accounts integrate words that suggest the account type is something other than it’s.

this is specially problematic when the words suggest the account is a financial establishment. Words and phrases suchlike “trust company”, “investment services“, “banque”, “investors” investment company”, “financial services”, “securities”, “investments” etc. Inserted into the title of the account may jumble and confuse and mislead anti-cash laundering personnel responsible for reviewing potentially suspicious energy and action. For example, whether or not a cash launderer opened an account for a pic containing the phrase “investment company” in its title and then frequently moved large sums of cash through it, that energy and action may not be seem strange. The reason, frequent cash movement and wires through a financial institutions account isn’t strange, it’s expected. Because the phrase “investment company” appears in the account title, the fact it’s not really a financial institutions account may not be superficial and evident to surveillance personnel whom frequently look to account titles for clues to what energy and action is expected. Whether or not account energy and action appears logical and coherent with the title, no further scrutiny may be given. Hence, spurious and misleading account titles raise the peril that many accounts won’t accept the fitting and appropriate level of review. More importantly, is raises the possibleness that laundering or worse will go undetected.

fortunately, firms may reduce the occurrence of this problem by refusing to launch or maintain accounts with spurious and misleading titles. Customer-facing associates in the branches are the initial line of denial and defense versus the problem. They’re the ones best positioned to spot spurious and misleading titles during the account opening procedure. The second line of denial and defense is the new accounts section where apps are sent once completed by the branch. This section is responsible for really establishing and updating the organizations official account record. Associates in this area are familiar and familiar with the all sorts of documentation required for each account. When they see a title that’s out of line with the type of entity specified in the documentation, it may be addressed before the account is officially opened. Requested title changes to existent accounts must trigger a re-inspection for spurious and misleading words.

finally, financial institutions may similarly aid prevent the problem by conducting periodic keyword searches of existent accounts to weed out those with unsuitable titles. For example, organizations may carry out an automated search of accounts not coded as a financial establishment which integrate one or more spurious and misleading words. Eliminating spurious and misleading titles will provide a little more clarity for surveillance personnel and tie up one more loose end in the international fight versus cash laundering and terrorist financing. Although this article focused on the use of financial titles by non-financial entities, spurious and misleading titles of any kind had better be discouraged and considered a red flag magnificent and worthy of further review.

Faq â family medical leave act (fmla) & california family rights act (cfra)

2010-01-29T10:51:00.001-08:00

quick faqs

what are fmla and cfra?

fmla stands for federal family and medical leave act. Cfra stands for california family rights act. Both acts represent federal and state laws that concede entitled laborers to take up to 12 work weeks of unpaid leave during any 12 month period.

what are the worthy of acceptance or satisfactory reasons for taking a leave of absence?

for fmla reasons will include a sedate and serious health condition of the employee, child, spouse, or parent; the birth of a child of the employee, placement of a child for adoption or nourish and foster care. This includes any period of incapacity because of compression and pregnancy, including prenatal examinations or serious morning illness.

cfra works the same as fmla, except that cfra similarly allows for care of a registered domestic collaborator and excludes compression and pregnancy. For compression and pregnancy, california allows up to 4 months of compression and pregnancy inability leave (pdl) pursuant to the california reasonable employment and housing act for all employers with five or more full or part time laborers. Pdl is for any women hindered because of compression and pregnancy, childbirth, or a associated medical condition. This includes prenatal care and serious morning sickness

federal family and medical leave act (fmla) for covered employers

covered employers are those who engage in energy and activity affecting commerce and apply 50 or more laborers in 20 weeks of current or preceding year. Populace agencies and private elementary and secondary schools are covered regardless of the number of laborers.

california family rights act (cfra) for covered employers

covered employers are those who engage in business or enterprise in california and apply 50 or more laborers in any 20 weeks of current or preceding calendar year. California, regions, and any political or civil subdivision of the state and cities are covered regardless of the number of laborers.

fmla and cfra for covered employees

covered laborers are employed with the employer for at least 12 months (need not be consecutive months), worked at least 1,250 hours during the 12 month period immediately preceding the leave, and employed at a worksite where 50 or more laborers work within a distance of 75 surface miles.

what are the posting requisites?

an fmla and cfra notice explaining entitlements of leave and procedures for filing a complaint with the division of labor, wage and hour division will have to be posted in a notable and conspicuous place where applicants and laborers tend to congregate.

can the employer request medical certification?

fmla and cfra. An employer can request medical certification from the employee. The employer can ask for a second and even third opinion to verify the validity of the medical certification. Nevertheless, below cfra, a second or third medical opinion can’t be requested when it comes to the care of an laborers family fellow member. The employer will have to accept the certification

what is the employer’s compulsion to designate or conceal and deny leave?

for both fmla and cfra it is the employer’s compulsion to designate or conceal and deny leave, in writing and indicate whether or not leave is salaried or unpaid. Designating leave will have to be done prospectively and not retroactively unless the employer lacks tangible and sufficient information as to the reason for leave.

fmla and cfra allowed time off

for fmla, up to 12 weeks in an conventional 12 month period is allowed. Irregular and intermittent leaves or a reduced work schedule can be taken when medically rudimentary and necessary. Cfra is the same as fmla with the exception that leave(s) taken for the birth, adoption, or nourish and foster care placement shall be granted at a minimum of two week increments. On two occasions increments of fewer than two weeks can be employed.
fmla and cfra leave will run concurrently, except in the case of a leave taken for inability because of compression and pregnancy, childbirth or a associated medical condition in the state of california which is covered separately below the california compression and pregnancy inability leave.

how to find out salaried or unpaid leave.

fmla and cfra is unpaid, nevertheless, an employee can choose or the employer can require substitution of unpaid fmla with vacation or other accrued time off and/or sick recompense to the extent the causes and circumstances meet the employer’s illustrative and typical policy for the use of sick recompense.

does the group health coverage proceed while the employee is on leave?

for both fmla and cfra, the employer will have to proceed any group health plan during fmla leave, at least 12 weeks in a 12 month period, below the same conditions as whether or not the employee was actively working. Longer health plan coverage or other benefits are determined by the employer’s policy to the same extent and below the same conditions as would apply to any other leave. Laborers are hushed and still responsible for their part of benefit premium payments.

what happens when the employee returns from leave?

for both fmla and cfra, the employee will have to be reinstated to the same or equal position at the end of leave. Nevertheless, the employee has no dandier right to reinstatement, benefits, or to other conditions of employment than whether or not he or she was without disturbance employed during fmla leave. The exception to this is for salaried key laborers, determined as the highest salaried 10% of all laborers. Whether or not denial is rudimentary and necessary to prevent sedate and serious economic injure to the employer, then the employee needs to be properly notified.

the above is a brief summary of information pertaining to fmla & cfra and not a entire and complete epithet and description of all rules and regulations. As rules and regulations are subject to change we can’t verify that all information is current or exclusively comprehensible and exact. Hcp national provides educational programs to assist our clients in danger management through compliance with complex and various relevant federal laws, rules and regulations; nevertheless, this is neither an solution and effort to practice law or a legal service. We encourage everyone to consult with their own attorney, certified populace accountant and tax professional on any issues involving personal and specific facts, humans, causes and circumstances or situations.

Using Legal Software Forms on Your Website Or Blog

2010-01-25T22:47:00.001-08:00

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using simple legal software forms to protect a business is one of the most easygoing and cost efficient ways to become compliant with the ftc. Yet there are a good deal of that still make the fault of ignoring the compliance of doing business online. We believe that since we are just starting our business, there is actually no need to worry in regards to the legal issues or compliance. We feel that once the business grows then and only then it’s time to worry in regards to those things. That kind of thinking is what will get you in a good deal of upset with the ftc.

the ftc is out and in regards to looking for web sites that do not comply with the new ftc rulings. These ruling were inacted on december of 2009. Here are four critical reasons for using legal software forms to protect your livelihood.

1. Endorsements have to reflect the honest truthful opinions, findings, beliefs, or experience of the endorser. An endorsement may not convey any express or implied representation that would be untrue or cause the buyer to feel deceived whether or not made directly by the advertiser. This is in regard to the representation indicated by the buyer endorsements. The legal wording on your blog or web site needs to convey this to the viewer or possible client. Using the right legal forms to clearly state the origin of the endorsements is principal to keep yourself clear and free of any legal issues.

2. The message of the endorsement can’t be phrased in the exact same words of the endorser, unless the advertizing accurately so represents. The endorsement can’t be presented in a manner that that makes it out of context. It can’t be reworded to distort the endorser’s genuine persuasion or experience with the service or product. The advertiser may only use the endorsement of a proffesional only as long as the advertiser has reason to believe the endorser continues to be a subscriber to the opinions presented. It’s up to the advertiser to at all times check up on the endorsers and ascertain their opinions have not changed. Best way to ascertain this is to have quarterly meetings with the endorser to ascertain compliance.

3. When the advertizing uses an endorsement of a product or service, the advertiser ought to ascertain the endorser was using the product or service at the time. Whether or not not then the endorsement can’t be used. Whether or not you have an affiliate program and your affiliates are part of your endorsement, then it would be safe to say your affiliates ought to own your product. It will be hard for a advertiser or marketer to ascertain finish compliance with their affiliates whether or not the affiliate doesn’t own the products. Keep in mind product reviews are an endorsement of what you sell and could be used against you in a court of law. Once again the legal contracts, policies and agreement had better be present on your web site.

4. Have you ever read a blog or web site that makes a assert and then in little print it says, “results not typical” or “these testimonials are grounded on the experiences of a couple of individuals and you are not likely to have similar results. ” well guess what? This wording is no longer valid and wouldn’t hold up in an ftc investigation. You as the marketer and the blog proprietor merchandising your product ought to be transparent. Honestness is not enough anymore. Whether or not the blogger were to write a review on their own personal experience with your product, then wrote the review grounded on their own results the blogger would be in compliance with the ftc. Therefore the review would be from a fact or actuality experience and the outcomes may be verified. On the other hand whether or not the blogger took the an endorsement or review provided by the proprietor and used it as their own to sell a product as an affiliate, the blogger could be kept liable as well as the product proprietor whether or not the blogger can’t prove the endorsement or review as being factual.

it will take a good deal of campaign to keep a web site in ftc compliance. Best thing to do is speak to an attorney or use legal software forms found on the world wide web. Formulate a checklist to go over all your web sites and make corrections immediately whether or not you find issues. The better you are prepared for the primary changes in the law, the easier it will be to update and maintenance your web site when farther corrections come down from the ftc. This is just the primary pass of a couple of major changes. Others are on the way. It takes a couple of years and court findings for laws to mature. In the beginning, the laws will be very wide, but in a couple of years they will begin to tighten up and it will become easier to comprehend what the ftc actually wants from it advertisers, vendors and bloggers.

4 Critical Reasons For Using Legal Software Forms on Your Website Or Blog

2010-01-25T21:58:00.001-08:00

Faq â family medical leave act (fmla) & california family rights act (cfra)

2010-01-09T12:15:00.000-08:00

quick faqs

what are fmla and cfra?

what are the worthy of acceptance or satisfactory reasons for taking a leave of absence?

federal family and medical leave act (fmla) for covered employers

california family rights act (cfra) for covered employers

fmla and cfra for covered employees

what are the posting requisites?

can the employer request medical certification?

what is the employer’s compulsion to designate or conceal and deny leave?

fmla and cfra allowed time off

how to find out salaried or unpaid leave.

does the group health coverage proceed while the employee is on leave?

what happens when the employee returns from leave?

Spurious and misleading account titles might inhibit detection of distrustful energy and action

2009-12-27T08:15:00.001-08:00

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financial originations that permit the use of spurious and misleading account titles may unwittingly be hampering the detection of suspicious energy and action. One area of particular concern involves the account titles of alien private investment companies (pic’s). Pics are supposed to be applied to hold impertinent and personal pluses.

Web-site compliance â how will the modern ftc laws impact you?

2009-12-26T04:15:00.001-08:00

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since the inception of the internet, there has not been many internet-location compliance oversight from the ftc. But it’s now superficial and obvious to the ftc that the growing number of fraudulent energy and activity and complaints warranted a second look. What followed were new rules and regulations that will adjust the internet as we know it today.

Does the accc need populace warning faculties and powers?

2009-12-24T20:15:00.001-08:00

introduction

the proposed introduction of populace warning faculties and powers to the trade exercises act 1974 (tpa) has raised substantial concern among business groups. The main concern which has been indicated is that the accc can use the place and power to “name and shame” reputable companies, instead of fly by night operators. A lot of groups have similarly complained that the introduction of this place and power is opposite to the proper of persons to be considered innocent until proven guilty.

in this article i will profile and outline the modern populace warning faculties and powers and then discuss how these faculties and powers could be imposed by the accc specially causes and circumstances to improve consumer shelter outcomes. To illustrate the gains of a populace warning place and power to the accc, i will be referring to two peculiar accc investigations in which such a place and power would have provided substantial benefit had it been available at the applicable time. I conclude that much of the concern about the introduction of the populace warning place and power is misplaced, as the accc is likely to utilize this place and power only in the most blatant cases of untrue and spurious and misleading manner and behavior.

background

in the australian consumer law discussion paper the populace warning place and power was described as a “name and shame power”. The paper stated that populace warnings would typically be issued to inform the populace of potentially abnormal and harmful manner and behavior taking place in the very short term. Such warnings would normally be directed to ‘fly by night’ operators, itinerant traders and financial, investment and property spruikers and consultants who oftentimes move throughout state and territory borders.

implicit in the above discussion of the populace warning place and power was a view that the accc requires in-depth and efficient faculties and powers to respond rapidly and without delay to blatant contraventions of the consumer shelter laws. In other words, there is a must warn consumers about the manner and behavior of dishonest traders at an earlier stage and well before the commencement of litigation versus that merchant.

the discussion paper similarly identifies that a small amount of existing state and territory fair merchandising laws incorporate populace warning faculties and powers. Therefore, the discussion paper argues that, in the interests of symmetry and consistency, such a place and power had better be introduced into the tpa.

proposed legislation

the following is the text of proposed populace warning place and power:

86da commission can issue a populace warning notice

(1) the commission can issue to the populace a written notice containing a warning about the manner and behavior of a corporation if:

(a) the commission has fair grounds to suspect that the manner and behavior can constitute a contravention of a provision of part iva, v or vc; and

(b) the commission is satisfied that one or more persons has suffered, or is likely to suffer, detriment as a result of the manner and behavior; and

(2) subsection (1) does not employ to the supply or possible supply, or the advertizing by any way of the supply or use, of services that are financial services.

(3) without limiting subsection (1), if

(a) a person refuses to respond to a substantiation notice given to the person, or fails to respond to the notice before the end of the substantiation notice compliance period for the notice; and

(b) the commission is satisfied that it’s in the populace intentness and interest to issue a notice underneath this subsection;

the commission can issue to the populace a written notice containing a warning that the person has denied or failed to respond to the substantiation notice within that period, and specifying the matter to which the substantiation notice associated.

the parts of the suggested populace warning place and power are -

1. The accc have to have fair grounds to suspect that manner and behavior being engaged in can constitute a breach of the tpa and

2. One or more persons are probable to suffer detriment as a result of the manner and behavior and

3. The accc is satisfied that it’s in the populace intentness and interest to issue the notice.

the basic element of the modern populace warning place and power is that the accc have to have fair grounds to suspect that manner and behavior is in breach of the tpa. It would appear that the test of whether the accc has “reasonable grounds to suspect” a breach of the tpa is an goal to be attained test. In exercise, it wouldn’t be very difficult for the accc to satisfy this basic element because of the use of the word “suspect” instead of “believe” in the legislation.

the second element is that one or more persons are probable to suffer detriment as a result of the manner and behavior. The draft legislation does not specify that the consumer will have to genuinely suffer detriment, but quite that it be likely that the consumer will suffer detriment. This approach is fitting and appropriate given that the whole rationale for the modern place and power is to prevent consumers from suffering detriment.

the third element of the legislation is the most onerous aspect in terms the accc utilising the populace warning place and power. This element requires that the accc be satisfied that it’s in the populace intentness and interest to issue a populace warning. This will need that the accc remainder up the work and utility of issuing a populace warning notice with other litigation schemes such as commencing rapid court activity or seeking ex parte injunctions.

in applying the populace intentness and interest test, it can similarly be incumbent on the accc to consider the negative impact which issuing a populace warning notice can have on a trader’s capacity and capacity to continue merchandising. In a lot of causes and circumstances, a populace warning notice can deter such a large number of prospective consumers from dealing with a merchant that it can no longer continue to trade. While such a growth and development can “protect” new clients from dealing with the merchant, it could similarly disfavor existing clients who’ve bought a good or service from that merchant.

finally, the legislation provides that the accc can issue a notice where a merchant has failed to respond to a substantiation notice. In these causes and circumstances, the accc will have to similarly believe it’s in the populace intentness and interest to issue a notice.

case study 1 – phoenix firms

the basic detailed analysis relates to a person, daniel albert. Mr albert configured number of companies which sold franchises in the period among 2002 and 2004. Unluckily, after merchandising the franchises and obtaining large amounts of money from the franchisees, mr albert would move the money off shore and liquidate the companies.

the basic company he configured was photo safe which was touted as a drastically and revolutionary new way of duplicating and storing photographs and negatives on massive and compact disc and/or the net. The second company was the data vault which allegedly provided a service to facilitate the secure storage of data from a person’s computer. The final business was ie networks which allowed for internet access terminals and mobile download terminals by which consumers could access the net, their email account, send text messages and download mobile phone roar and ring tones.

mr albert promoted each of these franchisees in rapid succession and received among $60,000 and $160,000 from each unsuspecting franchisee. He made complex and respective representations to these franchisees, including that:

1. There was a high level of demand in the market for the franchisee’s services;

2. The franchisees were likely to be very profitable;

3. A high level of support would be provided by the albert companies to the franchisees, including expenditure on national advertizing campaigns; and

4. The albert companies had entered into agreements with major national merchants who sells goods at retail to place franchisee equipment in their stores.

unfortunately, all of the above representations (and many more representations) proved to be completely untrue.

the difficulty the accc faced in this matter was that as soon as it had gathered evidence about one albert company, the organization would be closed down by albert. Shortly after, the accc would listen reports that albert had configured a new company, which was engaging in quite alike manner and behavior to the earlier company. The accc would then get started an scrutiny and investigation into the modern manner and behavior until that company was successively closed down and a new company started up.

this was very frustrating circumstance for the accc as no sooner had it received evidence about one company, it would be closed down. The accc would then have to get started a new scrutiny and investigation into the modern company to obtain evidence to prosecute the albert’s most recent manner and behavior.

the accc at long last commenced legal activity versus albert in april 2005. Notwithstanding, by this time, albert had received approximately $3 million in franchise fees from complex and respective franchisees.

as soon as the accc commenced legal proceedings, albert and greg zimbulis, a sales manager indicated their willingness to consent to all of the accc’s orders which including spacious declarations and injunctions. The main function and intent of the accc in commencing legal proceedings had been to obtain spacious injunctions, which would prevent albert from engaging in alike manner and behavior in the future. Unluckily, the federal court denied to concede any injunctions at all – as a result, the accc received over 100 declarations versus albert of sedate and serious contraventions of the tpa but not even one injunction.

this would have been an idealistic case for the accc to utilize a populace warning place and power (had such a place and power been available). The accc would have been capable to issue a populace waxing and waning place and power when albert liquidated his basic company and configured his second company. At this peculiar time, the accc retained a lot of evidence demonstrating that albert was making blatant misrepresentations about his business operations. Therefore, the accc would have been quite convinced to issue a populace warning notice at this time as it without doubt or question would have met the populace intentness and interest test in the legislation.

in addition, had the accc been capable to issue a populace warning at an early stage, it could have prevented a lot of franchisees from subsequently signing up with albert and losing their money. This is because the populace warning notice could have been issued up to 12 months before the date on which the accc did at last issue a type of “public warning” – namely a media release announcing that the accc had get started legal activity versus albert.

this case demonstrates the fact that the accc oftentimes has a substantial quantity of evidence in relation to a trader’s illegal manner and behavior well before it’s in a position to get started legal proceedings. In a lot of cases, the accc is faced with a dilemma of whether it will have to get started legal proceedings versus historical manner and behavior by a merchant about which it has received evidence, or quite, whether it will have to focus its efforts investigating new manner and behavior by the same merchant with a view to preventing that manner and behavior.

access to a populace warning place and power would concede the accc to take both approaches – that is, to issue a populace warning concerning a merchant that is engaging in a new scam, while at the same time, focusing its efforts and resources on commencing legal proceedings versus that same merchant for their past dishonest manner and behavior.

case study 2 – the artificial and elaborated hoax

the second detailed analysis relates to a company called l& l supply pty ltd which operated in australia among 2003 and 2005. L& l supply was a small company based in newcastle about which the accc had a handful of complaints. The organization had never come to the accc’s attention until a previous disgruntled employee called the accc to explain the manner and behavior which l& l supply was engaging in.

this whistleblower explained to the accc that the newcastle business was simply a front for a much more prominent scam – ie it was responsible for despatched packing tape to clients and processing payments. Notwithstanding, the heart of the operation was based in florida in the us where an artificial and elaborated hoax was being perpetrated versus australian businesses.

the l& l supply scam operated as follows. A person from the l& l supply call centre would call a procurement manager of an australian business and claim to be the daughter of the lately deceased proprietor of l& l supply. She would claim that her father had lately passed from physical life and that she had been forced to take over the business of l& l supply. She would then explain that as she was not fascinated in continuing her father’s business (ostensibly because she was a qualified medical doctor), she was suggesting to liquidate the stock at negotiate and bargain basement prices.

the l& l supply caller similarly claimed to the procurement manager that her father had been a truly good friend of ceo/md/chairman of the organization she was calling. She would then claim that she had spoken to the ceo/md/chairman of the organization who had put her through to the procurement manager with a promise that the organization would “help her out” by placing an order.

in a lot of cases, the procurement officer would receive the story of the person from l& l supply and place an order. The procurement officer would not check if the story was genuine as they were ungracious and reluctant to call the ceo/md/chairman of the organization and question them about the alleged conversation.

the truth of the matter was quite different:

* the proprietor of l& l supply was not deceased;

* the person calling the australian business was not the daughter of the deceased proprietor;

* the deceased proprietor had no idea the ceo/md/chairman of the applicable company;

* the daughter of the deceased proprietor had not spoken to the ceo/md/chairman of the organization;

* the ceo/md/chairman of the organization had not agreed to support l& l supply out by placing an order; and

* the packing tape was not being sold at negotiate and bargain basement prices.

the whistleblower advised the accc that l& l supply were banking among $30,000 and $40,000 a week in tape sales. At $2000 a sale, that meant that among 15 and 20 companies were falling for the l& l supply hoax each week. In addition, over the course of l& l supply’s operations had grossed sales of over $1 million, almost all of which had been transposed overseas.

the accc commenced legal activity versus l& l supply in march 2005. It sought ex-parte orders freezing l& l supply’s bank account and other urgent interlocutory orders. L& l supply didn’t competition the accc’s case.

this case demonstrates that admission to a populace warning place and power would have made a substantial divergence in reducing consumer detriment from this scam.

even altho the evidence from the whistleblower was very strong, the accc was not capable to get started legal proceedings immediately. The accc basic necessitated witness affirmations from both the procurement officers whom the l& l supply person had spoken to in addition as the complex and respective ceo/md/chairman who had allegedly authorised the order. Obtaining these affirmations took a lot of time, specially as the accc had to obtain affirmations from approximately 15 different companies to demonstrate that l& l supply was engaging in a pattern of dishonest manner and behavior.

during the time that the accc was obtaining this evidence, l& l supply were continuing their designs and activities and regularly transferring funds to overseas bank accounts from its australian bank account.

in this case, the period from the basic evidence from the whistleblower to commencing legal proceedings was approximately three months. Had the accc had a populace warning place and power, it could have warned the populace about l& l supply’s manner and behavior at a much earlier stage than when it issued a media release announcing the commencement of legal proceedings. This would have prevented a a lot of australian businesses from falling foul of l& l supply’s scam.

conclusions

public warning faculties and powers are required by the accc to combat both phoenix operations and blatant scams. In the cases described above, the accc had very strong evidence at an early stage to prove that the merchant was engaging in illegal manner and behavior. Notwithstanding, the period among obtaining this basic evidence and being in a position to get started legal proceedings was among 3 and 12 months. During this period, each of the traders was capable to mislead a lot of consumers, obtain substantial sums of money from these consumers and move almost all of this money overseas.

the concern indicated by a lot of businesses that the populace warning faculties and powers can be utilized versus “reputable firms” is not a valid concern. The accc will have to consider the manner and behavior of the organization in deciding to utilize its populace warning place and power and not the identity of the organization. The accc will have to use its populace warning faculties and powers versus any company which is engaging in blatant untrue and spurious and misleading manner and behavior, whether it’s a top 100 company or a fly by night operator. In reality, “reputable” companies are very improbable to engage in the type of blatant untrue and spurious and misleading manner and behavior versus which the accc will be seeking to utilize its populace warning faculties and powers.

i believe that there is an argument for establishing a mechanism to concede companies which have been inappropriately “named and shamed” through a populace warning notice to seek redress. Such redress will have to only employ where it can be demonstrated that the accc issued a populace warning for an improper intent and intent or in bad faith or alternatively in causes and circumstances where the populace intentness and interest didn’t support the supply of the populace warning notice.

the accc should not be retained liable for issuing a populace warning which proved in hindsight not to have been justified, when all the goal to be attained factors on which the accc relied when it issued the populace warning pointed the other way. Redress will have to take the form of an apology and/or financial damages. Such a regime would ensure that the accc uses its new place and power to issue populace warnings wisely.

the populace warning place and power is a invaluable addition to the accc’s investigatory faculties and powers. It will concede the accc to be more proactive in warning consumers not to cope with peculiar traders. As a result, the level of consumer detriment caused by disreputable traders will be significantly scaled down. Notwithstanding, this will only happen if the accc takes a robust and consumer focused approach to using its new place and power.

Clarity in pricing â sell practices act changes can muddy the waters

2009-12-23T16:15:00.001-08:00

introduction

since being elected, the rudd government has been sinewy and active in exploring ways to amend the trade exercises act 1974 (tpa) to prohibit varying kins of business manner and conduct. As an illustration, the federal government has moved rapidly to introduce legislation to criminalise hard-core cartels with a maximum jail term of 10 years.

the federal government has also recently issued a report recommending the creation of “an australian buyer law” which, between other changes, is likely to give the accc a swoop and range of new faculties and powers to protect consumers, suchlike the capacity and capacity to seek civil pains and penalties and disqualification orders, and to issue populace warning faculties and powers and infringement notices.

amongst this flurry of energy and activity, another very primary modify to the tpa has passed largely unnoticed. The federal government has introduced new laws, which came into gusto and effect on 25 may 2009, which regulate the way that businesses may promote the prices of their goods and services. The lack of attention to these proposed laws between businesses and legal practitioners is exceptionally surprising given that the legislation will introduce significant criminal pains and penalties for failing to promote the single price of goods and services. In this article will profile and outline the key provisions of the legislation, the trade exercises amendment (clarity in pricing) act 2008 (cipa) and reconnoiter and explore the implications for business.

background

currently, beneath the tpa, there is an compulsion to state the money price for goods and services in sure causes and circumstances. Section 53c provides that -

a corporation shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the publicity by any means of the supply or use of goods or services, make a representation with attention and respect to an quantity that, whether or not remunerated, would constitute a portion of the consideration for the supply of the goods or services unless the corporation also specifies the money price for the goods or services.

the current s. 53c places an compulsion on businesses to state the money price for goods or services where the business represents an quantity which would constitute a portion of the consideration. By implication, s. 53c requires businesses to state the full money price for good and services.

section 53c was only imposed and imposed periodically by the australian competition and buyer commission (accc) prior to 2000. Notwithstanding, in 2000, the section took on particular prominence and importance with the first appearance of the goods and services tax (gst). During this period, the accc relied to a great extent on s. 53c to strength businesses to show the full money price for goods and services, inclusive of the gst. In fact, s. 53c became the accc’s major weapon in preventing businesses from representing gst-exclusive prices to their customers.

the accc preferred to utilize s. 53c rather than s. 52 of the tpa to accomplish gst-inclusive pricing because, beneath the former section, there was no compulsion on the accc to demonstrate that the manner and conduct was spurious and misleading or deceptive. All the accc had to prove to launch a contravention of s. 53c was that the business had failed to represent the full money price in causes and circumstances where the business has represented portion of the consideration.

one implication of the accc’s approach to s. 53c was that it didn’t discriminate between representations aimed at consumers and representations aimed at businesses. Consequently, during the gst period the accc would frequently require businesses to represent their prices as gst-inclusive even when they were offering goods or services completely to business consumers. A heap of business groups were highly unsmiling and vital of the accc’s position on publicity the gst in business-to-business transactions. These groups argued that businesses should not be expected to represent gst-inclusive prices in business-to-business transactions because the gst factor was not relevant to businesses which could claim an input tax credit. In other words, business customers were only fascinated in knowing the price net of gst.

while the accc understood the worries of these business groups, it was faced with a dilemma. A significant number of complaints received by the accc in the gst period regarding gst-exclusive publicity came from small businesses which claimed that they had been misled by other businesses publicity gst-exclusive prices. The picture became even more mixing up in industries where a heap of businesses advertised gst-exclusive prices and others advertised gst-inclusive prices.

indeed, on a number of occasion, the accc wrote to a business which was publicity gst-exclusive prices to other businesses, just to be told that they had recently changed from gst-inclusive publicity because their challengers were publicity gst-exclusive prices. When the accc pressed these businesses to explain why they had felt the want to modify, they claimed they had to modify to gst-exclusive pricing because they were losing too a heap of customers to challengers which were publicity gst-exclusive prices. These types of stories provided the accc with a substance and basis for concluding that a heap of small businesses may in fact be in a similar position to consumers in terms of being misled by gst-exclusive publicity.

reasons for the clarity in pricing act

in the explanatory memorandum for the cipa, the justification for the legislative modify was based on the perceived shortcomings of the interpretation placed on sv53c by the federal court in two cases taken by the accc.

in the original case, accc v dell computers pty limited, the accc alleged that dell had breached s. 53c by not stating the full money price of their computers because of not including the mandatory declamation and delivery charges. In this instance, equity and justice branson held that a statement to the gusto and effect of “$1999 plus $99″ was tangible and enough to satisfy the necessaries of s. 53c of stating the full money price.

in the second case, accc v signature ease and security group pty limited, the accc alleged that signature ease and security had breached s. 53c by publicity gst-exclusive prices for complex and respective ease and security services. In this instance, equity and justice stone found that the expression “$295 plus gst” was a compound statement of price which didn’t overstep and contravene s. 53c.

based on the effect in these two cases, the federal government concluded that s. 53c was not adequate to accomplish the broader goal of ensuring that businesses advertised and quoted the full price for goods and services. Consequently, the government identified the want for personal and specific legislation, namely the cipa, to resolve this perceived problem.

trade exercises amendment (clarity in pricing) act 2008

the cipa has repealed the existent s. 53c and replace it with the next provision -

(1) a corporation should not, in trade or commerce, in connection with:

(a) the supply or possible supply of goods or services to somebody (the relevant person); or

(b) the publicity by any means of the supply of goods or services to somebody (the relevant person) or of the use of goods or services by somebody (the relevant person);

make a representation with attention and respect to an quantity that, whether or not remunerated, would constitute a portion of the consideration for the supply of the goods or services unless the corporation also:

(d) whether or not, in relevance to goods:

(i) the corporation doesn’t include in the single price a charge that is payable in relevance to sending the goods from the supplier to the relevant person; and

(ii) the corporation knows, at the time of the representation, the minimum quantity of a charge in relevance to sending the goods from the supplier to the relevant person that ought to be remunerated by the relevant person;

specifies that minimum quantity.

the main difference between the existent s. 53c and the new s. 53c is that businesses are going to be expected to specify the full price for the goods or services as a single figure, in a huge way.

subsection 53c(7) defines the term “single price” as “the minimum quantifiable consideration for the supply embarrassed and concerned at the time of the representation embarrassed and concerned. . . ” the subsection lists the next types of charges which would be covered by the term “single price” – namely, taxes, duties, and levies. Charges which are payable at the option of the purchaser are excluded from the definition of “single price”.

subsection 53c(4) states that a price are going to be specified in a huge way whether or not the single price is “at least as prominent as the most prominent of the constituents of the consideration for the supply”. This would seem to indicate that -

the single price ought to be in the same or larger font than any representation of a factor of the single price and

& #xd;

no factor of the single price may be represented in a larger way than the single price by the use of such gadgets as bold font or underlining.

& #xd;

a farther implication of subsection 53c(4) is that the use of asterisks may no longer be allowed as, by utilizing an asterisk, the single price will not be as prominent as the factor prices, whether or not the single price is located at the bottom of the publicity.

businesses will not be expected to specify charges for delivering goods to a client as portion of the “single figure”. Notwithstanding, businesses ought to specify the minimum quantity of any declamation and delivery charge which are going to be incurred by the client. The cause for this exception is that declamation and delivery charges frequently vacillate depending on where the client is located. Consequently, it is going to be totally unlikely for a business to promote the single figure inclusive of declamation and delivery for every prospective client emplacement.

subsection 53c(3) states that the compulsion in subsection 53c(1) doesn’t utilise when the representation is made completely to a body corporate. While this would appear to exclude business-to-business transactions, this is not the case as representations to unincorporated businesses suchlike sole traders and partnerships are not exempted by s. 53c(3). As an illustration, price representations made to big legal, medical or accounting partnerships will without doubt have to comply with s. 53c(1).

in addition, the necessity that the price representation ought to be made exclusively to a body corporate to qualify for the exemption integrated in s. 53c(3) is likely to broaden the application of the legislation. Even whether or not a representation is made to a large number of integrated businesses, whether or not the representation is also made to even one sole dealer or cooperative relationship, the exemption in s. 53c(3) would not utilise.

one limiting principle to the latitude and scope of s. 53c is integrated in subsection 53c(6) which states -

a allusion in this section to goods or services is a allusion to goods or services of a kind

ordinarily acquired for impertinent and personal, domestic or household use or consumption.

this subsection will restrict the latitude and scope of s. 53c(1) to goods and services usually acquired for impertinent and personal, domestic or household use or consumption. This will mechanically exclude a broad swoop and range of business-to-business transactions, where the goods or services are clearly of a commercial statesmanship and character. Notwithstanding, the provision will also introduce a heap of added complexity, as it will mean that a preliminary step to determining whether s. 53c applies in a particular circumstance, are going to be to define whether the relevant goods or services are “of a kind usually acquired for impertinent and personal, domestic or household use or consumption”.

subsection 53c(5) excludes services supplied beneath contract from s. 53(4) whether or not a number of conditions are satisfied -

1. The contract provides for the supply of services for the term of the contract;

2. The contract provides for periodic payments for the services to be made during the term of the contract;

3. Whether or not the contract also provides for the supply of goods – the goods are directly related to the supply of the services.

section 53c(4) will not utilise to services supplied beneath a contract which are remunerated for through periodic payments. The supply of goods beneath such contracts will also be exempt where the original two conditions are satisfied and the supply of the goods is directly related to the supply of services.

the exemption in s. 53c(5) operates to relieve a business from ensuring that any factor of the single price be as prominent as the single price. As an illustration, goods and services which satisfy the constituents of s53c(5) may be advertised showing the gst-exclusive factor of the price in big, prominent writing and the single, full price in smaller, less prominent writing.

the most superficial and obvious area where this exemption will utilise is in the publicity of mobile phone plans. These advertisements usually show a huge headline price for the mobile phone whether or not a particular plan is entered into and a single price of the plan over the life of the contract in much smaller and less prominent writing. S. 53c(5) means that this exercise may carry on.

the accc is capable to seek a swoop and range of civil remedies for a breach of the new s. 53c including injunctions, declarations, compensation, corrective publicity and non-punitive orders. Financial pains and penalties will not be available for a breach of s. 53c.

the cipa also makes it a criminal offence to fail to represent a single price. Beneath s. 75azf(1) it are going to be a criminal offence to “. . . Make a representation with attention and respect to an quantity that, whether or not remunerated, would constitute a portion of the consideration for the supply of goods or services”. Section 75azf is effectively identical to s,53c in all respects, with one major exception – the maximum criminal penalty for contravening s. 75azf is $1. 1 million for a corporation and $220,000 for somebody.

implications for business

the main implication of the cipa for businesses is that they’ll be exposed to legal activity, including potentially a criminal prosecution, for failing to specify a single price for their goods and services. With maximum criminal fines of $1. 1 million for a single instance of failing to represent the single price for goods or services, corporations ought to see to it that they take a smashing degree of care when making price representations in their publicity, including newspaper advertisements, promotional brochures, price lists, on their web-sites and even when offering prices verbally.

while it’s highly unlikely that the accc would decide to refer a brief to the commonwealth director of populace prosecutions for a breach of s. 75azf unless the business had engaged in very blatant manner and conduct or was a repeat offender, the fact that such sedate and severe criminal pains and penalties utilise to this type of manner and conduct is cause for concern. As an illustration, businesses could be exposed to liability beneath s. 75azf where they have inadvertently failed to represent a single price to a client because they had no idea that particular client was unincorporated. Furthermore, liability may depend on whether a particular good or service is in the right manner characterised as “ordinarily acquired for impertinent and personal, domestic or household use or consumption. “

an example of manner and conduct which would be subject to the cipa is the supply of a price list for office merchandise by a huge multinational office supply company to a huge accountancy cooperative relationship. It would appear that the representation of prices in this circumstance would be caught by the cipa because the goods are of a kind usually acquired for impertinent and personal, domestic or household use and the recipient of the price list is not integrated.

a farther implication for business arising from the cipa are going to be the want for businesses to potentially prepare both gst-inclusive and gst-exclusive price lists depending on the nature of the goods sold. Whether or not the business sells merchandise of a kind usually acquired for impertinent and personal, domestic or household use or consumption as well as commercial merchandise, it may need to prepare two dissimilar price lists. The want for dissimilar price lists may also arise where companies deal with both integrated and unincorporated business customers. It may be more prudent for such businesses to simply use gst-inclusive price lists for all their goods and services and customers to stay clear from any prospective troubles beneath the new s. 53c.

the cipa is likely to have a significant impact on the way businesses promote their goods and services. Unluckily, the cipa is unnecessarily manifold and complex and has failed to exclude a heap of business-to-business transactions from its latitude and scope. As a result, when preparing price advertisements and price lists. Businesses ought to consider cautiously both the nature of the merchandise they trade to determine whether they may be exempt, and the types of customers they are likely to reach with their publicity.

Ftc guidelines â be exclusively honorable

2009-12-20T04:15:00.001-08:00

cyberspace has been humming in recent weeks with regards to the federal trade commission’s new “guides concerning the use of endorsements and testimonials in advertising” (16 cfr allocation 255), and with good cause. These guidelines impact every individual and company that communicates using electronic media (sites, blogs, newssheets and social media outlets like twitter® and facebook® ). Even “mommy bloggers” now will have to be mindful with regards to touting products.

it is not surprising that the ftc stepped in with these new guidelines. With such a good deal of new ways to push products and services, social media trading has exploded. The word of mouth trading association states that advertisers spent $1. 35 billion on social media trading in 2007, and womma forecasts it will reach $3. 7 billion by 2011.

it is important to realise that the ftc is not out to inhibit free conversation on blogs, or impose rules on internet advertising that do not subsist in the brick-and-mortar world. It merely is attempting to protect consumers from untrue or spurious and misleading advertising.

briefly, these new rules tell us:

no deceptive advertising: clients count upon what you say to be the truth when they make a decision to buy. Do not mislead them with your affirmations, or omit data that clients need to acknowledge before resolving to buy. Example: whether or not the price of a product doesn’t include shipping charges, you will have to state that.

substantiate your claims: one example of this is weight prostration and loss products. Whether or not your ad shows an individual who lost 50 lbs. In 3 months, you may no longer merely add a small disclaimer that says, “results may vary. ” you will have to disclose the in general expected promise and performance of the product. Whether or not the ad states, “tests show x”, you need to have solid evidence that real tests show leastways “x. “

if you use testimonials to promote your product or service, they will have to be from real clients or clients, not your mother or best friend.

disclose, disclose, disclose: whether or not you promote a product that you purchased with your own cash, applied, and liked or disliked, you have every right to tell others with regards to your experience. Nonetheless, whether or not a company gives you a product to attempt, or pay you to review a product, whether what you write is real and positive or negative, you will have to disclose your affiliation with the organisation.

if you write something with regards to a product in your blog that turns out to be untrue or spurious and misleading, you may be kept liable. Advertising agencies and product producers also may be liable, since they have the obligation to assure their social media endorsers are following the ftc guidelines. Celebrity endorsers may be kept liable for deceptive advertising, even whether or not they’re reading from a script.

the long arm of the ftc may also reach to site builders, who will have to now assure the ad copy they insert for their client doesn’t violate the guidelines.

to read dates and details and more examples, download a copy of the modern guidelines at http://www. Ftc. Gov.

Construction protection and safety checklist counselor and guide

2009-12-15T10:15:00.001-08:00

Image via Wikipedia

construction protection and safety checklists were made with the idea of making construction work much safer. These checklists prove very useful when wanting to verify whether a construction site is fitted to do construction work according to construction protection and safety regulations. Fewer chances of repeat accidents or reverses and disasters as you betterment and progression along construction jobs is what you would want and these checklists principally support make this possible.

given all this, it’s good exercise to construct a construction protection and safety checklist and continually add on to this as a primary contractor gets to tell apart more potential hazards to look out for in construction work.

one may surprise and wonder what it’s that would most usually incorporate a construction protection and safety checklist, so to satisfy that curiosity, below is a list of the primary and essential things that are to be included in a construction protection and safety checklist:

- site inspections – walk around the site and check for any little structure present on the site that wasn’t included in the plans and might need to be demolished, a solitude and depression that could possibly indicate the presence of something that has been engulfed and buried in site or this may even result in origin and invention of an underground tank that would require epa involvement. You may similarly consider hiring an sovereign and independent contractor to do the site inspections.

- employee site orientation – prior to starting construction work, the workers must be made conscious of the distinctive risks and hazards present in the site. Knowing what to look out for in the site would principally support avert reverses and disasters.

- worksite fenced off – placing a fence around the site would keep away outsiders from getting in and exposing themselves to the potential dangers in the construction site. Similarly, these trespassers may end up taking equipment or means and materials necessitated for the site. The fence would prove a good obstacle that would be a challenge to get through.

- protective equipment – after having assessed the risks in the site, the primary contractor must ensure that all protective equipment has been provided and that all workers are properly making use of such equipment.

- basic support – ensure that there is tangible and enough basic support equipment and facilities are made available and effortlessly accessible in the construction site. Basic support must be quick in response and done in a proper manner.

- construction signs – placement of construction signs around the parameters of the site to keep the popular populace a good distance from the site would do well to ensure their protection and safety.

- construction tools and equipment – testing tools and equipment to verify that they’re working properly is yet another measure that needs to be taken just before construction work starts. This must similarly be used to all electrical leads or outlets. The list above is merely something to begin off with and build up on. Construction protection and safety checklists could include a lot more things. This may very well turn out to be a good starter construction protection and safety checklist for new contractors to construct on even though.

know that the checklist above is merely a list to begin off with and build up on. Again, a lot more things could be included in this. This may be a good begin even though for any new contractor having in mind to build up a authentic construction protection and safety checklist.

Wine compliance environment and training â a primary facility for wineries in the us

2009-12-03T04:20:00.000-08:00

if you have a new winery then you would in all probability need exhilarating and advantageous wine compliance surroundings and training to make certain you’re aware of the numberless rules that regulate managing a wine business in the usa. Satisfying state and national licensing, reporting and labelling obligations may be a daunting hurdle to defeat. Entire and complete compliance surroundings and training goes a long way to guarantee your business fulfils the necessity regulatory and tax obligations.

respecting tax regulations

your new winery has to have the proper permits to function in your state. Each state has distinct licensing obligations. The obeisance and submission and authorization process may be off-putting for new timers. That is when you will realize that wine compliance surroundings and training facilitates you in grasping the fundamental and necessary policies that underpin persistent maintenance of your federal introductory permit.

one of the constructive and critical rules of the usa department of treasury’s bureau of alcohol and tobacco tax and trade, usually called the ttb, is the demand to file half-regularly every month excise tax returns where your every year tax charge is bigger than $50,000 or your tax deferral cover is deficient. You should settle your excise tax two occasions a month on the 14th and the 29th of each calendar month. Whether or not you do not pays the tax on time, the ttb will inflict punishment on you for willful refusal to pays the mandatory tax. The fine is 5 for each month or part of a month. This class of financial punishment may increasingly add up whether or not you’re slapdash regarding complying with tax regulatings.

adhering to licensing conditions

if you’re selling to customers who will re trade your wine, then you have to be informed that they have to be licensed to do so. Wine compliance surroundings and training will notify you of the principal licensing conditions of your consumers. You have to make sure that, whether or not you’re involved in a heap of type of custom crush business, your clientele hold a type 17 whole sale license. Other than as supposed or expected, they had better be a licensed winery with a type two winegrowers license. Similarly, your clientele should possess a federal introductory permit without which it would be against the law for them to do business. Thence, you better be specially clear in your mind that you do not trade your wine to any buyer not licensed to resell wine.

observing federal label approvals

wine compliance surroundings and training makes it unsophisticated for your new winery to attention and esteem federal label approvals. You have to obtain a certificate of label approval, or cola, for each new vintage of wine your winery makes whether or not you have a lack of a certificate of label approval for it before now. Whether or not an alcohol test on your new vintage displays that the alcohol content is within 1% of the content displayed on the label of your earlier vintage, and the alcohol by volume of the wine is 14. 1 percent or more, then you do not require a new certificate of label approval for the modern vintage. The tax owed on your wine is grounded on the alcohol content. Labelling your wine decently is constructive and critical because whether or not the alcohol test gives evidence of that the alcohol content is different from the declaration on your label or certificate of label approval, your whole stock of wine may be frozen until you achieve a new cola. This will together tie up your capital and perhaps dishonor and demolish your wine.

respecting conditions regarding obliteration of wine

from your wine compliance surroundings and training you’ll learn that it is against the law to obliterate spoiled wine without permission from the bureau of alcohol and tobacco tax and trade. An investigator should explore and consider in detail the wine you’re going to nullify and demolish and the ttb have got to give permission for wine obliteration, failing which you will bear a tax penalty. You may think of becoming around this accountability by destroying wine and then accounting for it as stock prostration and loss as an effect of evaporation. This path of action wouldn’t be virtuous and wise as you would be deemed as having deceived the government. Should the amount of wine despoiled and destroyed exceed the twelve-regularly every month shortfall worthy of acceptance or satisfactory of 6 percent of the total gallons of wine, then your winery will very possible face a ttb check.

complete wine compliance training

being new to the occupation in the winery trade may be extremely challenging for countless operators. You better provide yourself with comprehension concerning regulatings and tax laws through full wine compliance surroundings and training. This is where compli beverage is your model guidance companion and information centre for all you need to be intimate and intimate with concerning introductory federal compliance, compliance reporting and information organisation, label registration and price posting. You are going to be entirely educated of the roundabout and elaborated rules you need to abide by to make sure your winery fulfills all the compulsory legal obligations.

Fda sues santa claus corporation on candy cane labels

2009-11-30T17:45:00.001-08:00

the us fda has filed a lawsuit in the fourth district court of the north pole against santa claus corporation, and may consumers are outraged. Apparently, the agency has been cracking down on labeling of food merchandise, and santa corps [nyse symbol chrs] has been specially and on an individual basis wrapping every candy cane it distributes without labels of the ingredients.

on cnbc’s closing bell, maria bartiromo, asked santa clause, but i thought everyone knew that your signature branded candy canes were made out of sugar and candy?

“. . But naturally they are made out of candy and sugar,” said santa claus vii, ceo and chairman of santa claus corporation, “what the hell do you think they are made out of, we’ve had the same candy canes since 1907 when santa clause the fifth, my outstanding grandfather was running the establishment, he’s the one, as you recognise who introduced the spiral red stripes, which i’ve at all times considered one of the company’s biggest inventions, but now the fda is suing us, and this could jeopardize christmas! “

apparently, rick santelli has a theory that the large candy distributors are worried that santa claus corporations recent large buy of sugar futures is driving the cost up for the other candy manufacturers, and they lobbied to get the scrutiny and investigation launched. Meanwhile, glen beck stated that he believed this was a conspiracy by left-winger liberal-socialists to steal christmas, as “christmas” is no longer politically rectify anymore.

lou dobbs likewise made a comment, but was let go by the network over his condemnation of the lawsuit and socialist agenda. It’s hard to say if there will be a christmas this year because of the government’s untimely lawsuit against this 150-year old firm.

Workers Compensation Vs Litigation

2009-11-22T19:10:00.000-08:00

people who have been injured in the workplace are often times entitled to workers’ compensation assistance. By filing for workers’ compensation, injured employees may accept support for time lost and high-priced medical bills. Often times, nevertheless, workers’ compensation is not the most skillful option for employees who may have been injured because of employer negligence. In both cases, working with a lawyer may support you accept the full amount you’re entitled to for your injury.

workers’ compensation is a means for an employer to support employees return to work quickly. Technically it is a type of insurance, altho many humans do not think of it as being in the same category as car insurance and the like. To many it may seem dissimilar, because the cash is remunerated to an employee and the insurance is remunerated for by the employer. Essentially, nevertheless, an injured employee is a liability for a company in the same way a damaged car is to a car possessor.

one very primary thing to bear in mind when it comes to workers’ compensation is that it can not be applied in situations where the injured worker believes the employer is liable for the injury. A common precondition for receiving workers’ compensation payments is waiving the employer of any liability. In cases where the injury is because of negligence on the percentage of the employer, it is often times not in the interests of the worker to waive liability in reciprocation for compensation.

taking legal activity against an employer is often times the most skillful course of activity in situations like those. By taking an employer to court, a worker may accept restitution for unnecessary ache and suffering. As an example, failure by an employer to in the right manner maintain factory equipment may lead to accidents and potentially severe injuries. Whether or not a worker is injured because of these maintenance issues, rather than plainly an error of judgment or lapse of attention, the employer could just be ordered to pays the worker for suffering caused by the employer’s negligence.

Employee polygraph shelter underneath the eppa

2009-11-22T14:10:00.000-08:00

many of us are employed to only seeing “lie detectors” on television shows, usually dramas. So when an employer or business asks you to take a polygraph examination, it can come as an astonishment and you can be protected underneath the employee polygraph shelter act (eppa) from having to take it.

polygraphs or “lie detectors” are machines that read several measurements at once on somebody: breathing rate, heart rate, blood pressure levels, and responses in the skin. These levels are then employed to determine the physiological stress levels at dissimilar intervals of the questioning process. The transcript is then looked at by a polygraph examiner who is the ultimate decider on if the employee (or subject) is telling the truth. Much controversy arises from this last step because there is a probability of error in reading the effects.

the eppa has established specific polygraph testing and restricting guidelines for a good deal of private employers underneath federal law. These standards are not required of government entities, federal government-associated businesses or agencies, public school employees, or anyone employed with or a allocation of a correctional facility. This means that anyone underneath this umbrella can be asked by their employer to take a lie detector test.

most private employers, however, can not ask the same of their employees unless certain conditions utilize. If the employee refuses to take the polygraph test, he or she can not be fired, disciplined, or be discriminated versus for not doing so.

commercial businesses that can be permitted to employ a polygraph test underneath the eppa guidelines are:

-security service companies such like security guard or alarm services

-businesses associated with the formulating and distribution of pharmaceuticals

-businesses whose employees are probable suspects in an incident of theft in the workplace that caused a financial loss to the employer

certain standards ought to be met for a polygraph such like the way in which the test are going to be handled before the test, for the duration of the test, and after the test. Naturally, the polygraph examiner ought to also be licensed and be professionally insured.

many employers exercise rights that they don’t have at the expense of their employees. If you or somebody you know would like more data on polygraph tests, eppa guidelines, or how both these items relate to your rights as an employee, contact the Houston employment lawyers of the ross law group.

Web-site compliance â how will the modern ftc laws affect you

2009-11-22T11:10:00.001-08:00

since the inception of the internet, there has not been a great deal of internet-site compliance oversight from the ftc. But it is now obvious to the ftc that the growing number of fraudulent action and complaints warranted a second look. What followed were new rules and regulations that will change the internet as we acknowledge it today.

what was once only an agency that only oversaw magazine ads, newspaper ads and tv ads, they were now viewing the same content as it affiliated to the internet. The ftc is now adding in internet trading to the mix of areas they regulate. It will impact you and it will impact the future of internet trading.

• do the modern ftc laws impact you?

the new ftc laws were made to defend buyers from trading practices that could prospective harm them. That was the non legal definitions of why the act was made. If you want to acknowledge the legal jargon, not complex or complicated search on google will pull up a couple of legal origins that will show the details.

anything you do online that has to do with representing a product, service or trading is below the ftc umbrella. The claims on your internet-site and the claims on the internet-site of the possessor of the product may get you into a great deal of trouble. The claims must be tested and found to be genuine. If there’s no truth behind them and selective information can not be provided to back them up, then they’re considered to be in violation of the ftc rules. Even if you’re an affiliate, you’re still liable for the claims made by the product possessor. If you’re an affiliate seller, it will not protect you.

what you have to do not forget is there are rules around everything and to determine more regarding these regulation you must the the ftc internet-site and actually ready through the publications. They’re sort of dry and not all that interesting to read, but they’ll give you facts on what’s worthy of acceptance or satisfactory and what’s considered bad practices. Internet-site compliance is what you want to concentrate on and not knowing the right legal wording to keep on your internet-site compliant will make you an easy target for the ftc.

• what are the fines?

right now this is hard to say. From that time of the firstborn cases versus a seller have yet too come ahead of a judge, there’s no way to acknowledge the exact fines and how they’ll be levied. What we do acknowledge at this time are the fines will be in the neighborhood of assorted thousand dollars. Currently there are sites below investigation and those sites will be the firstborn to be tried in a court of law.

• will i be capable to continue business as common?

no! Absolutely not! You want to ensure you’re making changes to your internet-site now. After december 1, 2009 you may be a ftc example if you’re not in compliance. There’s no grace period. If you’re not in compliance it will only be a subject of time before you get a letter from the ftc or worse. You have to be more than truthful on your internet-site. You have to be transparent.

• what will this means for the future of trading productions online?

this is actually a good thing for the future of trading. It is meaning all vendors that are using black hat tricks and trading methods to cheat clients out of their hard earned dollars will finally fade away. The internet will become an easier place to sell services and productions. Affiliate vendors and business owners will be capable to provide their services in a cleaner environment. Clients will start to trust more and that will lead to higher sales.

once last thing to do not forget, since these laws are new, it will take a great deal of time for them to mature. During that time the laws will change and the legal jargon you use today to keep yourself in compliance may change at any time. Keep yourself ahead of the game and stay vigilant. Not one thing is worst than having a letter sent to your door with a summons to surface before a court.

Employee Polygraph Protection Under the EPPA

2009-11-21T19:10:00.001-08:00

Many of us are used to only seeing “lie detectors” on television shows, usually dramas. So when an employer or business asks you to take a polygraph examination, it may come as a surprise and you may be protected under the Employee Polygraph Protection Act (EPPA) from having to take it.

Polygraphs or “lie detectors” are machines that read several measurements at once on a person: breathing rate, heart rate, blood pressure levels, and responses in the skin. These levels are then used to determine the physiological stress levels at different intervals of the questioning process. The transcript is then looked at by a polygraph examiner who is the ultimate decider on whether or not the employee (or subject) is telling the truth. Much controversy arises from this last step because there is a chance of error in reading the results.

The EPPA has established specific polygraph testing and restricting guidelines for many private employers under federal law. These standards are not required of government entities, federal government-affiliated businesses or agencies, public school employees, or anybody employed with or a part of a correctional facility. This means that any person under this umbrella can be asked by their employer to take a lie detector test.

Most private employers, however, cannot ask the same of their employees unless certain conditions apply. If the employee refuses to take the polygraph test, he or she cannot be fired, disciplined, or be discriminated against for not doing so.

Commercial businesses that can be permitted to use a polygraph test under the EPPA guidelines are:

-Security service companies such as security guard or alarm services

-Businesses affiliated with the manufacturing and distribution of pharmaceuticals

-Businesses whose employees are likely suspects in an incident of theft in the workplace that caused a financial loss to the employer

Certain standards must be met for a polygraph such as the way in which the test will be handled before the test, during the test, and after the test. Of course, the polygraph examiner must also be licensed and be professionally insured.

Many employers exercise rights that they do not have at the expense of their employees. If you or someone you know would like more information on polygraph tests, EPPA guidelines, or how both these items relate to your rights as an employee, contact the Houston employment lawyers of the Ross Law Group.

The inability discrimination act â what retailers must acknowledge

2009-11-20T10:10:00.001-08:00

there are over ten million fewer capable adults in the uk who form an crucial allocation of the syndication industry’s customer base. Making premises, goods and services accessible to them is ethical and makes good business sense. It is likewise a legal requirement.

under the inability discrimination act (dda), merchants who sells goods at retail ought to take fair steps to remove or alter physical features that make it unmanageable cheaper capable persons to access their goods and services. Alternatively, they may allow for a fair manner of avoiding such features, or offer their goods and services to fewer capable persons in a dissimilar way.

what qualifies as fair?

the dda does not define what’s fair; it is up to person businesses to judge what’s fair for them. Merchants who sells goods at retail ought to deliberate the effectiveness, practicality, and pricing of proposed adjustments. & #xd;
ultimately, only a court may determine what qualifies as fair. Companies with huge financial resources are commonly anticipated to do more than those with fixed funds.

general access principles

retailers ought to look at the next principles when planning access adjustments:& #xd;
- dignity – access solutions ought to esteem the dignity and convenience of fewer capable persons, who ought to access goods and services in the same way as other clients whether or not possible. & #xd;
- disability cognizance training – staff ought to realise and esteem the needs of the fewer capable, and be conscious of the dda and its significations. & #xd;
- use of space – rearranging the layout of a store may be a cost efficient way to advance access. & #xd;
- anticipate needs – store managing directors ought to thoroughly question premises exhaustively to tell apart potential access troubles. This is a requirement of the dda. & #xd;
- building regulations – physical adjustments ought to comply with the suitable building regulations.

planning tips

an access audit evaluates a building’s accessibility. It follows a fewer capable visitor’s path of travel and covers their arrival and entry into the store, routes to and around goods and services, and departure. By conducting an access audit, businesses may tell apart what they need to alter to make their premises accessible to fewer capable clients.

large stores may have many issues to resolve. They ought to discerned these into short, medium, and long-term priorities. Short-term priorities are adjustments companies may make speedily and economically. Medium-term priorities are activities that require forward planning (e. G. Installing a wheelchair lift). Long-term priorities include major structural changes, which take time to complete.

the dda recognises that little stores do not commonly have the same level of resources as huge ones. The special importance and significance in these cases tends to be on low cost, practical adjustments. Nevertheless, little shops ought to look at structural changes whether or not feasible and low-cost.

retailers planning access adjustments ought to talk to fewer capable employees and clients to get invaluable feedback and suggestions. This could be in-store or through market research (e. G. Online feedback forums and local access groups).

practical suggestions

- approach – the route to a store ought to be well lit, well maintained and free of impediments. Car parks ought to accommodate wheelchair users. & #xd;
- entry to the premises – fewer capable clients feel respected whether or not they may enter a store independently. Solutions include ramps and platform lifts for wheelchair users, fitting handrails to steps, and raising the pavement to the level of the entrance. & #xd;
- doors – doors and doorways may obstruct fewer capable clients. Stores ought to use auto sliding doors whether or not possible, or make existing doors more comfortable to open by sustaining them in the right manner and positioning handles at a commodious height for wheelchair users. Entrance mats ought to be flush with the ground. & #xd;
- circulation – routes around a store ought to be free of impediments and clearly marked (signs with huge tactile colour text are ideal). & #xd;
- stairs – platform lifts concede wheelchair users to move amid levels. & #xd;
- shelves, display racks etc – repositioning shelves and units may improve accessibility. Product information ought to be easy to read. Special advice counters, changing rooms, and seating areas where personal shoppers may assist fewer capable clients ought to be available where possible. & #xd;
- queues – wheelchair users must have room to queue without difficulty. Whether or not clients have to wait to accept a service, stores ought to provide seats suitable for persons with mobility disablements. & #xd;
- counters/checkouts – checkout areas ought to be broad sufficient to accommodate a wheelchair. Lowered counter sectionalizations will concede wheelchair users and persons of fixed height to employ chip and pin machines. & #xd;
- toilets – it is cost efficient to make existing toilets accessible to fewer capable clients. Solutions include grab rails, extra lighting, fixtures and fitting of contrast! ing colo urs for the visually impaired, non-slip floor surfaces, and outward opening doors. & #xd;
- exiting the premises – fewer capable clients ought to be capable to leave a building by way of the same way they went in (e. G. Using a ramp or wheelchair lift). Merchants who sells goods at retail ought to likewise ensure there are accessible emergency exits. Exit routes ought to be free of clutter.

an essential requirement

business success in the syndication industry depends on good customer service. Complying with the dda does not have to be unmanageable or high-priced, and information is readily available.

Employee Polygraph Protection Under the EPPA

2009-11-20T04:10:00.001-08:00

Commercial businesses that can be permitted to use a polygraph test under the EPPA guidelines are:

-Security service companies such as security guard or alarm services

-Businesses affiliated with the manufacturing and distribution of pharmaceuticals

-Businesses whose employees are likely suspects in an incident of theft in the workplace that caused a financial loss to the employer

Website Compliance â How Will the New FTC Laws Affect You

2009-11-19T04:10:00.000-08:00

Since the inception of the internet, there has not been a lot of website compliance oversight from the FTC. But it is now obvious to the FTC that the growing number of fraudulent activity and complaints warranted a second look. What followed were new rules and regulations that will change the internet as we know it today.

What was once only an agency that only oversaw magazine ads, newspaper ads and TV ads, they were now looking at the same content as it related to the internet. The FTC is now adding in internet marketing to the mix of areas they regulate. It will affect you and it will affect the future of internet marketing.

• Do the new FTC laws affect you?

The new FTC laws were made to protect consumers from marketing practices that could potential harm them. That was the non legal definitions of why the act was made. If you want to know the legal jargon, a simple search on Google will pull up a number of legal sources that will show the details.

Anything you do online that has to do with representing a product, service or marketing is under the FTC umbrella. The claims on your website and the claims on the website of the owner of the product can get you into a lot of trouble. The claims need to be tested and found to be true. If there is no truth behind them and data cannot be provided to back them up, then they are considered to be in violation of the FTC rules. Even if you are an affiliate, you are still liable for the claims made by the product owner. If you are an affiliate marketer, it will not protect you.

What you have to remember is there are rules around everything and to find out more about these regulation you need to the the FTC website and really ready through the publications. They are kind of dry and not all that interesting to read, but they will give you facts on what is acceptable and what is considered bad practices. Website compliance is what you want to focus on and not knowing the right legal wording to keep on your website compliant will make you an easy target for the FTC.

• What are the fines?

Right now this is hard to say. Since the first cases against a marketer have yet too come in front of a judge, there is no way to know the exact fines and how they will be levied. What we do know at this time are the fines will be in the neighborhood of several thousand dollars. Currently there are websites under investigation and those sites will be the first to be tried in a court of law.

• Will I be able to continue business as usual?

No! Absolutely not! You want to ensure you are making changes to your website now. After December 1, 2009 you may be a FTC example if you are not in compliance. There is no grace period. If you are not in compliance it will only be a matter of time before you get a letter from the FTC or worse. You have to be more than truthful on your website. You have to be transparent.

• What will this means for the future of marketing products online?

This is actually a good thing for the future of marketing. It means all marketers that are using black hat tricks and marketing methods to cheat customers out of their hard earned dollars will eventually fade away. The internet will become an easier place to sell services and products. Affiliate marketers and business owners will be able to provide their services in a cleaner environment. Customers will start to trust more and that will lead to higher sales.

Once last thing to remember, since these laws are new, it will take some time for them to mature. During that time the laws will change and the legal jargon you use today to keep yourself in compliance may change at any time. Keep yourself ahead of the game and stay vigilant. Nothing is worst than having a letter sent to your door with a summons to appear before a court.

Hiring the Right Lawyer For Workplace Discrimination

2009-11-17T20:10:00.001-08:00

Everyday, hundreds of people have their rights violated at work. People are discriminated against for anything you can think of. If this has happened to you, you may feel helpless and alone. With the economy the way it is right now, most people feel grateful to even have a job. It can be one of the most uncomfortable situations imaginable to be victimized by a coworker. Especially, when that coworker is your superior. As you should know, there are many fantastic labor lawyers who can help you settle a dispute, correct the situation, and or receive compensation if you have in fact been discriminated against.

You will probably have the best luck finding a good lawyer here on the Internet. Try entering a search for “lawyer” along with your city or town, and see what comes up. You are definitely going to want to use an attorney who specializes in labor laws. You would not call a mason if you had a termite problem. Once you have the names of a few lawyers, do some additional research. Ask people you know if they have had any experience with any of the lawyers.

If you feel that you have really narrowed down your search, call and set up appointments to talk about your case. It is imperative that you feel comfortable with your lawyer of choice. Do not settle for the first lawyer you speak with.

If you or someone you know has been victimized in the workplace, find an attorney carefully and he will help to see justice is carried out.

Starks Take on Gifts to Referring Physicians

2009-11-16T20:10:00.001-08:00

Do you stumble upon questions such as these?

Can you multiply the limit for a multi-physician practice?

What about front office staff?

Attorney Wayne Miller has the answers to these questions. After attending a healthcare management seminar recently, on HC Compliance Essentials, a reader wrote, “We have lots of questions about Stark,anti-kickback and gifts to referring physician.” Gifts to physicians who can potentially refer Medicare or Medicaid patients to your practice or health care body can run afoul of Stark and anti-kickback laws. Practice managers, apart from monitoring the financial arrangements between their office and physicians to whom they refer patients, should also be tracking all the gifts and benefits.

Your aim is to see to it that no referring physician receives more than the annual limit on referring physician gifts under Stark. The amount is subject to the Consumer Price Index increase every year. If your office surpasses the limit, you need to intimate this to CMS.

How much can you spend on referring physicians?

According to Miller, the annual maximum gift per person for 2009 is $355, with each gift prized at not more than $30. These maximums adjust annually based on CPI. Gifts should be totally voluntary and there should not be any expectation or solicitation for gifts to referring physicians. Additionally, gifts may be “nonmonetary only”.

Is it ok to give a gift for each referral?

According to Miller, it’s a no-no. Gifts should not be made based on the volume or value of referrals. You just have to keep in mind the limit per person.

If there are five physicians in a practice can you multiply the $355 limit by five?

It depends on whether the gift is given to individual physicians or to the practice as a whole.
If gifts are showered on individual doctors, each would be subject to a separate $355 limit. The applicable Stark exception would not apply to giving a gift to a medical group rather than an individual. However it is recommended that groups be treated as one person. But while giving gifts to groups, you need to be careful. Under Medicare and state.

Anti kickback laws, gift giving is not sanctioned; as such it’s critical that your gift policies do not reveal an intent to reward referrals.

Obtaining a Lawsuit Loan in the Whistleblower (Qui Tam) Action

2009-11-16T19:27:00.001-08:00

Qui tam, according to the Qui Tam Information Center, is a provision of the Federal Civil False Claims Act (1863) that allows private citizens to file a lawsuit in the name of the United States government. These claims allege fraud by government contractors and/or others who either received or abused government funds, and allows those private citizens to share in the monies recovered.

Qui Tam is a term that is used in Law to connote whistleblower protection laws. The protection provided is for those individuals who notify the government of their suspicions of fraud and/or abuse. The term’s origin is from the Latin expression “qui tam pro domino rege quam pro se ipse.” The phrase literally asserts “he who sues the king as for himself.”

Such actions frequently occur in situations in which employees report fraud and or/abuse in which their employers have engaged. The federal law, out of which the concept of whistle-blower emerged, the False Claims Act (1863, revised in 1986), was intended to combat fraud during the Civil War in which suppliers to the federal government engaged. As a result of the benefits the government derives from these actions, individuals who bring such actions may receive a percentage of either any money recovered or damages identified in the fraud exposed.

It is private citizens who generally file such actions on behalf of the government. The intended purpose is to prevent fraud and abuse. A lawsuit loan may be required to assist such individuals in pursuing the litigation against the entity engaging in the fraud.

Individuals who bring such suits are also called relators. When such cases are filed, the relator need not have been personally harmed by the defendant’s conduct. Additionally, the False Claims Act allows the relator to recover 15-30% of any settlement amount. Furthermore, the statute provides for payment of attorney’s fees. (Attorneys are required to bring such lawsuits, due to the fact that these cases are brought on behalf of the government and may only be prosecuted by an attorney.)

This is a very effective tool in combating fraud and abuse. It provides private citizens the knowledge and resources they need to combat such egregious acts. Unfortunately, many of the individuals who bring such actions are persecuted by the entity against which the action is filed. These individuals should be commended for their courage in speaking out against fraud and abuse, and admired for performing their civic duty.

These actions, unlike customary claims, involve situations in which the government may actually elect to pursue the entity against which the fraud is alleged. If this does occur, the relator who initially brings the action to the government’s attention will often assist the government in its prosecution, but will not bear legal expenses related thereto. In such instances, a lawsuit loan may be unnecessary.

Significantly, if the government chooses not to prosecute the case, the relator may still be able to pursue a civil claim against the abusers. In such situations, the lawsuit loan is often required to enable the individual to continue in the prosecution against the entity against which they claim is brought.

One should also bear in mind that many expenses arise when such claims are filed. Although it is true that the whistleblower does have protection under the law from wrongful termination etc., employers often ignore this requirement. In such instances, the relators resources may quickly diminish.

The law was enacted to effectively identify and prosecute government fraud and abuse. However, it was also enacted to address issues related to fraudulent activity in which government-related entities engaged. To determine whether a lawsuit loan would be required in such instances, it would be necessary to thoroughly investigate the issues involved. One should bear in mind that while awaiting the government’s decision and action, the individual who filed such an action has expenses that continue to mount, in many cases following the loss of employment pending the government’s determination.

Under the Act, whistle-blowers also receive protection from wrongful termination. Additionally, the Act allows for reinstatement with seniority, double back pay, interest on back pay, compensation for discriminatory treatment, and reasonable legal expenses. Once again, it is the delay between the date on which the wrongful termination occurred and the date on which reinstatement is achieved that creates a tremendous financial burden on the claimant. It is during this interval that a lawsuit loan may be required.

In 1978, Congress adopted legislation that barred reprisals against those who expose government fraud and abuse. Due to the widespread harassment and dismissal of employees who reported fraud and abuse against employers, Congress found that it had to strengthen its position to protect whistleblowers in 1989. Subsequently, many states have adopted specific employment laws addressing the issue of discrimination against such employees.

Due to expenses incurred, it is often necessary to obtain a lawsuit loan to avoid being buried under your financial obligations. If you do find yourself in such a situation, do your homework in obtaining settlement funding designed to suit your needs.

Lawsuit Loan â Sexual Harassment and the Hostile Work Environment (Part 1)

2009-11-15T13:10:00.001-08:00

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If you’re an individual who feels as though he or she is subjected to sexual harassment in the workplace, this article is for you. The information is designed to assist you in making a determination as to whether you have been subjected to sexual harassment and, if so, the appropriate steps for you to follow.

Lookup Arrest Records and Protect Your Business

2009-11-15T10:10:00.001-08:00

Why would someone want to look up arrest records on a particular person? There are many situations in which this would be an appropriate precaution or absolutely necessary.

You may have met someone in a social situation and you want to know if you are entering into a relationship with a person who has past criminal activity.

If you are applying for a job your employer will want to look up your arrest records so you may want a heads up yourself on what they may find.

If you are hiring a nanny to watch your children you most certainly want to check your applicants past criminal history.

You can never be too trusting of strangers and essentially anyone who you are going to be involved with in an everyday business or social situation can potentially have a criminal background that you should be aware of. You may even have criminal records that you either forgot about or weren’t aware of yourself. Past criminal history may one day prevent you from landing an important job. Therefore it is important you take action and investigate the background of anyone who you will be exposing your family’s safety or business assets and information to.

When you look up arrest records you will want to select a service that provides all-inclusive nationwide information on all arrest, convictions, felonies, dui information, sex offender information, inmate records and the like in a discreet manner. This may seem quite intensive but reality of it all is that you can never be too careful when protecting the safety of your family and business matters. Don’t forget to also check arrest records for your own knowledge so that if there are any inaccuracies you can clear them up before a potential employer notifies you of a red flag on your application.

Work-Related Accidents and Injuries

2009-11-15T04:10:00.001-08:00

Any and all jobs have a risk of being the place for a work-related accident. Any sort of activity that ends in an accident or injury while at work can be considered a work-related accident. However, most accidents occur in commercial and road construction zones. If an accident that ended in you being injured was not brought on by yourself, then you are probably entitled to some compensation from either your employer or the person/people involved.

Since there are too many kinds of ways someone can injure themselves at work and in so many fashions, we will cover the areas where accidents happen most often as well as the risks involved.

Accidents and Injuries occur most often in:

High-Traffic/Vehicular Areas: High-traffic areas such as highways are often the place for repairs or road additions. These places pose a giant risk to workers by the volume of cars alone. Of course, there are always also inattentive drivers, reckless drivers, and people who have slow reaction times. Any other place of work where a vehicle is used, such as working an 18-wheeler, delivery truck, parcel delivery vehicle, forklift, tractor, or other industrial vehicle poses a risk for accident by either occupant error, work order error, or mechanical failure or error.

Places with Heavy Equipment: Anywhere there is heavy equipment there also exists risk of injury or death. Improperly cared for heavy machinery or faulty machinery can result in malfunction or worse. Crane accidents alone kill almost a hundred people a year in the US. Some of the most severe forms of injury occur from heavy equipment use.

Factories: Any place where harsh chemicals are handled, stored, and produced every day and other mechanical errors can occur is a place to be cautious of. Many lifting injuries and sprains occur from factory settings as well. Exposure to certain chemicals can cause an array of side-effects that can leave someone blind, debilitated, or dead. It is in one’s best interest to seek medical care in situations where you feel your life may be in danger due to exposure.

Office/Retailers: Open wiring and spills are common hazards in environments such as these. Improper use of equipment can also result in bodily and company damage.

Occupational Diseases

2009-11-14T20:10:00.001-08:00

There are many occupations that have specific illnesses associated with them. Very often these are the result of some environmental factor in the workplace, or a result of the work itself. You may have heard of coal miners suffering from “black lung,” a disease caused by inhalation of coal dust. People whose jobs involve heavy repetition of certain actions can lead to repetitive strain injuries. In addition, although increasingly rare, some workers are still exposed to highly toxic chemicals like lead.

The lungs are one of the parts of the body most commonly affected by the workplace. People who work in industries where there is a lot of ambient dust are susceptible to diseases from dust inhalation. Although our lungs are capable of clearing out much of the particulate matter (dust) we inhale, some substances persist. Silica, the most common mineral on earth, is not toxic. But very fine silica particles can become permanently stuck in lung tissue and reduce the lung’s capacity.

Repetitive strain injuries, sometimes abbreviated RSIs, are the result of prolonged specific stresses on the body. Carpal tunnel syndrome is one example of an RSI, but there are many others. Carpal tunnel syndrome is caused by pressure on the median nerve, which connects the hands to the spine, as it passes through the wrist. Other RSIs involve similar prolonged strain on nerves and tendons, and can affect thumbs, elbows, and the nerves connecting the neck to the arms.

Although there are extensive workplace safety regulations in place, some jobs do involve risk of exposure to toxic substances. In many cases this is by necessity: jobs that “someone has to do.” Thankfully, modern safety equipment drastically reduces the effects of such work environments. If the equipment becomes damaged, however, workers can be exposed to toxic substances. People who clean radioactive waste, for example, could be exposed to cancer-causing radiation if precautions are not followed exactly.

If you have fallen ill as a result of workplace conditions, you may be entitled to workers’ compensation insurance. An experienced workers’ compensation attorney can help you get the full assistance you need. However, if you think someone might be liable for putting employees at risk, pursuing legal action might be preferable. In either case, the Pennsylvania workers compensation and personal injury attorneys of Lowenthal & Abrams can help you. Contact them today to learn more.

An Explanation of Workersâ Rights

2009-11-14T15:10:00.001-08:00

All workers have certain rights granted to them by federal laws as well as laws from individual states which protect them against workplace accidents and negligent employers. In addition to the benefits experienced by employees, employers benefit from these laws because they increase the productivity of employees. The community benefits from workers’ compensation laws as well: the laws keep health costs low.

Injured Workers and Their Rights

If you are an employee in the United States, you should be familiar with your rights as a worker in regard to an injury, accident, and losses experienced in the workplace. These rights include:

Workers’ Compensation:

Every worker in the United States is entitled to workers’ compensation coverage. If you are hurt on the job or in the workplace, your employer may have a responsibility to help cover the costs of your medical needs. There are exceptions to the rule which vary by situation and state. If you think you are entitled to workers’ compensation coverage that you have not received, you might consider seeking legal advice.

Disability Compensation:

If you experience an accident on the job, you may experience injuries that leave you with either temporary or permanent disabilities. These disabilities may even prevent you from returning to your job, forcing you to miss work or forcing you to find other employment. For this reason, disability compensation from your employer can help provide you with funds to help support yourself and your family either during your time of healing or permanently if you are unable to return to work. Depending on your injury, your work history, and your employer, your compensation will vary.

Information:

As an employee, you are entitled to proper education about safety, insurance coverage, and legal rights. Your employer is obligated to provide you with this information any time you have any questions about workers’ compensation, disability compensation, or injury claims.

Formal Complaints:

You have the right to file a complaint if your employer neglects proper standards of employee safety and care or if you feel you have not gained just compensation for any loss. The Department of Workers’ Compensation can provide you with information about complaints, as can your employer, your insurance representative, or a legal adviser.

Despite the rights of all United States workers, some employers fail to properly recognize these rights. In this case it is often advisable to seek legal assistance. For more information about work-related injuries and workers’ compensation, contact the Des Moines workers’ compensation lawyers of LaMarca & Landry, P.C.

Employment Discrimination in the Work Place â How to Spot it

2009-11-14T13:10:00.001-08:00

Employment discrimination is very hard to identify. Office employment practices from very formal to very laid back cultures. When a form is filled out for employment, there is usually a disclosure at the bottom of the form that states something to the effect of “we do not discriminate based on color. Creed ,sex or religion”. This brief sentence is put in place by employers by law. It is a guarantee that they will not discriminate against hiring someone based solely on how they look or what their personal belief system is. This sounds reasonable and acceptable however it is not always followed.

There are a lot of cases filed in court accusing discrimination. Filing a case and proving it are two seriously different things. It is easy enough to file a case, a few legal forms are put together and presented to the court. Proving the case takes a lot of work and a little luck unless the case is so blatant that it is obvious to most people. Employers usually have attorneys, some are so large that they have attorneys on staff. The attorneys for the employer will file their own legal forms to answer the complaint, this back and forth with the legal forms could take years, by that time any witnesses to the discrimination may be long gone. Furthering the difficulty of proving discrimination is that employers are savvy at creating paper trails in preparation for their defense.

If a case does make it through the legal system and the employee can prove discrimination there are a few monetary compensations they may receive. Back wages and front pay, back wages are any wages that would have been due the employee, front wages are a little more complex. Front wages is the money that the employee would have made had the discrimination not occurred. Consequential damages may also be awarded, this money that is granted to the employee for being discriminated against. Punitive damages also can be awarded and in essence this is the money that a company has to pay and it is like a fine.

A law suit can be instituted by any citizen. It requires preparing the proper legal forms, filing the forms with the court and serving the forms on the parties involved. There are templates available to create the legal forms that are needed, but it is probably best to hire an attorney that is well versed in employment law. Many attorneys will take these type of cases on contingency basis, which means if the case is won the attorney will take a percentage of any monetary damages that is awarded. If the case is not won typically the plaintiff is not required to pay anything.

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

2009-11-14T10:10:00.001-08:00

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.

Explanation of the Mixed Case For Federal Employees With Overlapping MSPB and EEO Complaints

2009-11-14T04:10:00.001-08:00

One of the most challenging aspects of Federal employee employment law is the concept of the “mixed case”. The rules and procedures governing a “mixed-case” are so complicated that this article does not seek to explain the “ins and outs” of every situation that could arise in a mixed case. This article only seeks to explain generally what a mixed case is and how a mixed case should be handled.

So let’s start there. What is a “mixed-case”? A “mixed-case” occurs when a Federal Employee has the statutory right to challenge an Agency action in two forums with overlapping jurisdiction – the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB). If an Agency takes an adverse action which is appealable to the MSPB, and the Federal Employee wants to allege that action was motivated by improper discrimination or reprisal for protected EEO activity, then the employee has what is called a mixed case.

In a mixed case, the Federal Employee has the right to choose which forum he or she wants to first raise their claim – the MSPB or the EEOC. If the employee first challenges the mixed-case action in the EEOC, he/she has what is called a “mixed-case complaint”. If the Federal Employee first challenges the mixed-case action in the MSPB, he/she has what is called a “mixed-case appeal”.

The only difference in the two processes is the path they take to get to a ruling by the appropriate judge. Let’s discuss that in more detail.

If the Federal Employee files a mixed-case complaint, the agency must process the complaint in the same manner as it would any other discrimination complaint. However, there are a few differences:

The Agency must tell the Federal Employee, when he/she files a complaint, that if a Final Agency Decision (FAD) is not issued within one hundred and twenty (120) days after the complaint is filed, the Federal Employee may appeal the matter to the MSPB at any time thereafter or file a civil action in certain federal courts. N.B. – Be wary of leaving the administrative process to file in any federal court – this can prove to be a very dangerous proposition.

The Agency must issue a FAD within 45 days after the date the investigation is completed. When the Agency issues a FAD in a mixed case complaint, the Agency must tell the Federal employee that he/she has a right to appeal the matter to the MSPB (not EEOC) within 20 days after receipt of the FAD – this is different from the typical time to appeal to the MSPB, which is 30 days from the date of the adverse action.

Mixed Case Appeal – A “mixed-case appeal” is an appeal filed directly with the MSPB that alleges that an appealable agency action was effected, in whole or in part, because of discrimination on the basis of race, color, religion, sex, national origin, handicap, or age. The MSPB will process the appeal in the exact same manner that it processes any appeal, and the Federal Employee will carry the burden of proof on the discrimination claims.

The biggest issue with mixed-cases involves the dual filing of the matter in the EEOC and the MSPB. This often occurs when the Agency fails to identify and process the EEO complaint as a mixed case complaint, or when the employee files a mixed case appeal and the Agency wants to argue that the EEO complaint was filed first.

Another issue that arises with mixed-cases is determining which forum is better to initiate the claim in – the EEOC or MSPB. This is a question that cannot be answered in an article such as this, as it depends entirely on the particular facts of the employee’s case.

Rules For Collecting Unemployment Benefits

2009-11-13T20:28:00.001-08:00

If a person gets unemployed without any fault of his own, then he is eligible for taking the advantage of unemployment insurance for a particular duration of time or till he is not able to find a new job. You must know that these benefits are not entitlements but a form of insurance and therefore be very clear about the rules for collecting unemployment benefits.

Federal laws have established some guidelines for the state to run these insurance programs for the unemployed people and these benefits are given only under this provision. The rules for collecting unemployment benefits depend on the state law which decides the eligibility, amount to be granted, the duration of employment benefit etc.

Eligibility rules for collecting unemployment benefits

It is necessary that you meet the unemployment eligibility criterion before you receive any of the employment benefits. They should have some proof supporting their earned wages and time of works etc. In addition to this the rules for collecting unemployment benefits also makes it mandatory that you should be unemployed with no fault of yours.

According to the rules for collecting unemployment benefits you may be disqualified from the unemployment insurance according to varying state laws but most common set of disqualification criterion are:

You are fired from the job because of any kind of misconduct.

You have yourself have quit the job or resigned

Not able to attend the office due to illness (check your entitlement for benefits associated with disability)

You are self-employed

Involvement in some labor dispute

On a Sabbatical or taken an admission in a school

Rules for collecting unemployment benefit will disqualify you from any benefits if you fall into any of the above mentioned category.

Here is a list of the unemployment benefits:

- In most of the states, benefits are paid up to a total of 26 weeks at max

- – Exception to this is during times when unemployment rate is high there are an additional 13 weeks to which a person is eligible.

- In most of the states the benefits are generally half of what you were earning during your employment

- If you are subject to the Federal Income tax due to the benefits you are taking they must be filed in your Federal tax return

Here, we have tried to compile briefly all the rules for collecting unemployment benefits so that all eligible candidates are able to take the advantage during these tough times.

posted in Employment Law

10 Ways an Employment Solicitor Can Help You

2009-11-13T20:27:00.001-08:00

If you’re an employer or an employee, then you’ll be aware of employment law, and some of the implications of this area of law. Perhaps you need help with staff discipline, or want to know more about whether your company can make you redundant.

Here’s how an Employment Solicitor can help you.

1. As either an employee or and employer you’ll need to make sure that your company is adhering to the equal opportunities policy. Perhaps you have been looked over for promotion, or despite having the relevant qualifications and experience, you still don’t think that somebody is ready for promotion. You’ll want to make sure that you’re not falling foul of employment law.

2. It’s essential that employees doing the same job are awarded equal pay. If colleagues are not getting paid the same, then they will want to know why. An employment solicitor can help ensure that you get what you are entitled to, or can make sure that your company policy is legal.

3. Discrimination must not be tolerated, and the workplace is no exception. Just because somebody is different, or has different religious beliefs, sexual orientation, political persuasion, is older or younger, or from a different country, or has a different skin colour, they can’t be treated differently. It’s important that all employees are aware of this, that any case or discrimination are taken seriously, and dealt with accordingly. If the outcome is not satisfactory, an employment solicitor can be invaluable.

4. Policies and documentation need to be legal, so whether you’re writing a new handbook, or amending a contract, you’ll need the advice of an employment law solicitor.

5. Data protection needs to be taken seriously, and you may need to take legal advice to make sure that you not in breach of the Data Protection Act.

6. Trade union negotiations can be carried out by an employment law solicitor, so that both sides are able to converse, and hopefully reach a satisfactory agreement.

7. Mediation may be needed in company disputes, where an amicable agreement can’t be reached quickly.

8. Your company recruitment policy can’t discriminate on any grounds, so you might need assistance in ensuring that your HR department and relevant managers are asking the right sort of questions to potential new employees.

9. You might need help with terminating contracts and redundancies. You don’t want to break any laws that could leave you open to a counter claim. As an employee, you might want to know for sure that you can be made redundant.

10. You might want any internal investigations might be carried out, or overseen by an employment law solicitor. Perhaps you have been accused of corruption, theft or fraud, or maybe you’re trying to prove that there isn’t a campaign of bullying or deliberate discrimination in amongst your employees.

Now you know more about employment law, how else can an Employment Solicitor help you?

posted in Employment Law

10 Ways an Employment Solicitor Can Help You

2009-11-13T20:10:00.001-08:00

Here’s how an Employment Solicitor can help you.

4. Policies and documentation need to be legal, so whether you’re writing a new handbook, or amending a contract, you’ll need the advice of an employment law solicitor.

5. Data protection needs to be taken seriously, and you may need to take legal advice to make sure that you not in breach of the Data Protection Act.

6. Trade union negotiations can be carried out by an employment law solicitor, so that both sides are able to converse, and hopefully reach a satisfactory agreement.

7. Mediation may be needed in company disputes, where an amicable agreement can’t be reached quickly.

Now you know more about employment law, how else can an Employment Solicitor help you?

posted in Employment Law

Get Help From Your Criminal Defense Lawyer

2009-11-13T15:10:00.001-08:00

Nobody ever wants to be accused of a crime, but this is a major problem which can affect pretty much anyone. Quite often people who are accused of a crime are desperate for some help but don’t know who they can talk to. It’s important that you get yourself a criminal defense attorney; many people assume that they are all the same. However there are actually many benefits if you spend time choosing the right one.

There are lots of great reasons why it’s important to find the right representation. First your lawyer will have to decide how to defend you. If there is no alternative then it might be best to make a deal with your prosecutor. If you feel you are innocent then you might want to fight it out in court. You will only be able to decide what you should do if you get quality legal representation so you can get an idea of your chances.

A good criminal defense lawyer can also make things happen much faster. Trials can find themselves getting delayed for all sorts of different reasons. This can create no end of problems including higher fees, lost earnings and inconvenience. If you can choose the right lawyer then you will be able to speed up legal proceedings.

Legal representation can help your case and give you the information that you need. As with everything in life you have a much better chance of succeeding if you have more knowledge about the subject – in this case, the law. The law is very complicated and understanding it can be a challenge, that’s why hiring professional legal representation is so important. criminal defense attorneys gain experience for the longer they work, and this means that they are less likely to make silly mistakes like some people. Professional representation will steer your case in the right direction and prevent any mistakes which could damage your case.

You must ensure that you choose a criminal defense attorney which will be able to assist with your legal proceedings and help you to understand them when the need arises. You should choose a lawyer which will have plenty of time to keep you informed, you can’t just choose an attorney which accepts every single case.

Choosing a lawyer which offers their clients a brilliant service which puts your needs first then you will be able to get all of the help that you need. Whenever you have questions which refer to your case you will then be able to get the advice. They will have plenty of time to discuss every detail with you. Not knowing what will actually happen to you is one of the worst things which can happen; the right legal representation will get rid of some of this anxiety because they can keep you fully informed.

criminal defense lawyers understand all of your options and will be explain them in a way that you understand. They will also speed up the entire process so that you don’t have as much time to wait. It’s important to spend time carefully choosing the right lawyer for your needs and ensuring that you choose one which will help with your understanding of your case.

Attorneys for Personal Injury â Studying to Become One

2009-11-13T13:10:00.001-08:00

Attorneys for personal injury can often be called a trial lawyer. They are the ones that represent people who claim being injured due to the negligence of another person. They are often an expert in what you call tort law that includes vehicle collisions, medical malpractice, work injuries, assault, defective product and many more. The damages that are sought, involves money that can compensate for the harm done to a persons health, trauma, property or reputation.

If you want to become one of the attorneys – personal injury, you would need to pass a written exam. Applicants must finish a four year degree in college before applying to an accredited law school. It is advisable to go for a bachelors degree that will include writing and research like political science, history and English. You can also take elective subjects in law. There is also a degree in personal injury. Applying for this would give you an edge over other applicants. You will learn skills like communication and critical thinking. You can develop skills like research, litigation, medical reports, case law analysis and more. You can also learn about product liability and insurance claims. It is best to select a school that can offer this program. There are schools that offer advance courses in personal injury. Be aware that the first few years in law concentrate on general areas.

You would need to be updated with legal issues that you can secure through legal education courses. In order to be a certified specialist, you would need to complete a program certified by the American Bar Association or an organization equivalent in your country. Lawyers who have completed this are called personal injury specialists.

Before pursuing your degree, there are certain steps that you need to take. One is to find a law school that is accredited. While attending law school, apply as an apprentice in a law firm that specializes in personal injury and during the course, develop relationships within the firm. Learn about different types of injuries and medical conditions. After graduating, it is best to be friends with doctors that can give you the list of medical experts.

This is one of the most profitable areas of law. Getting in a law school is competitive so it is important to have the best education. Find the best schools to get a bachelors degree that can help you stand out from other applicants.

Diabetic Gastroparesis

2009-11-13T10:10:00.001-08:00

Diabetes is a disorder caused by problems with the metabolism. While it is typically characterized with problems in blood sugar levels, it can cause other problems such as diabetic gastroparesis. This is a condition in which the stomach does not empty as it should, which can lead to a number of health problems besides the diabetes itself.

An estimated 23.6 million Americans are currently living with diabetes, and another 1.6 million people are diagnosed with the disease each year. There are three main forms of this disorder, type 1, type 2, and gestational. People with diabetes struggle with the regulation of glucose levels in the blood. Normally when we eat, the sugars in our foods are broken down into glucose before being carried around by the bloodstream to provide cells around the body with food for energy.

For cells to take up the glucose, the pancreas must produce insulin. However, for people with diabetes, the pancreas produces little to no insulin. This means that the cells cannot take up glucose to produce energy and perform the function necessary of them. Glucose builds up in the blood and is eventually passed through the urine.

While the main symptoms of diabetes include such things as excessive thirst or appetite, frequent urination, fatigue, and unusual weight fluctuations, another problem that can occur is called gastroparesis. This occurs when the stomach is delayed in emptying. It typically happens with type 1 diabetes, although it can come with type 2 as well. Usually, it is a symptom that does not show up until about ten years into a person’s issues with diabetes.

Gastroparesis is the result of damage to the vagus nerve. It is responsible for regulation the digestive tract and the muscles involved in food processing. Diabetes is the main cause of gastroparesis because the disorder leads to chemical changes in nerves, as well as damage to the blood vessels that support the nerves with oxygen and nutrients. Thus, it can easily damage the vagus nerve.

With gastroparesis, the vagus nerve does not signal that the stomach should digest food and pass it along into the intestines. Signs that you may have gastroparesis include:
Heartburn (acid reflux)
Nausea
Vomiting
Weight loss
Bloating

Gastroparesis can cause more serious health problems like bacterial infections if the undigested food just sits in the stomach and spoils. Also, it can form a hardened lump called a bezoar, which can later contribute to blockages in the intestines.

To help protect people from these problems, many doctors prescribed Reglan to people with gastroparesis. Sadly, though, the side effects of Reglan can be even more damaging and even lead to permanent disabilities like tardive dyskinesia.

Want to Get a DUI? Drink and Drive Around the Holidays

2009-11-13T04:10:00.000-08:00

I am a DUI attorney, and the same things happen at the same time every year. At certain times of the I can expect an increase in calls to my office for help with a DUI citation. And I can expect it without fail. When are these times? If you said the holidays, you are correct.

Why are more people getting DUIs around the holidays? There are a couple of reasons. First, more people are driving drunk. Second, the cops are on high alert to stop and arrest people fro DUI at this time of year. Why does this happen? Let’s think about it a little bit.

First, with regard to more people driving drunk around the holidays, let’s just think about this time of year – Thanksgiving and Christmas. What do these two holidays, like most holidays, entail? You are correct, visiting with friends and family, sharing dinner (and drinks) and celebrating another great year about to end. There are Christmas parties galore, both with friends and with coworkers, and the drinks are usually flowing pretty heavily.

And how do you get to and from these parties? If you said a cab or designated driver you are a lot more responsible than most of the people I know. I think it might be because these parties tend to get over at a respectable hour that people think they will be okay to drive home. And they are fine until they are pulled over by that cop looking for people just like them.

Which leads me to my second reason there are more DUI arrests around the holidays – the cops are out in force looking for people. A good example of this here is any day that entails partying with friends. In Seattle there are two very big days for this – the Fourth of July, and SeaFair, a boating race where a lot of people are out on the lakes surrounding Seattle having a great time.

The cops know people are out drinking with friends at lakes, at campsites, at their homes, and don’t often think about getting home when the party is over. Because, and on some level this is true, the cops want the roads to be safe for everyone, they usually increase their levels of patrol during these times to make sure people aren’t driving around drunk. This is great if you are stone cold sober driving around, but any scent of alcohol on your breath, whether you are driving under the influence or not, is probably going to get you arrested (though these are the cases I as a Seattle DUI defense lawyer love to fight).

So, this year around the holidays play it safe. Take a cab wherever you are going or have someone that can drive you around. After all, you don’t want to have to come and see me in a few weeks do you?

Why You Should Care About Recorded Statements With Your Insurance Company

2009-11-12T20:10:00.001-08:00

Time and time again people get involved in accidents and look to the other driver’s carrier to repair their damage and provide a rental car. Often the insurance company won’t agree with the body shop on the cost of repairs. Pressure is put upon the repair shop to do them for less. Used or after market parts end up being installed, often unbeknown to the consumer.

If an injury is involved, many insurance companies have policies requiring their investigators take recorded statements from the injured driver within 48 hours of the collision. Although there is no requirement under the law you give the other driver’s insurance company a recording of your voice, insurance adjustors imply it is routine and required in order to adjust the claim. If you refuse, they can apply pressure.

All of a sudden they don’t seem to want to provide a rental or approve the repairs. They claim you have a duty to cooperate and your refusal hinders their ability to investigate the claim. They tell you that without your cooperation they can’t finish their investigation and can’t make a decision as to who caused the accident. The fact fault for the accident is crystal clear, such as in most read end collisions, doesn’t seem to matter.

You of course, need to get to work, attend school or complete errands for your family. You need transportation. If your policy doesn’t provide rental coverage you find yourself between a rock and a hard spot. And they are good at applying pressure. Some drivers have tried for a fair exchange of information. They suggest asking their insured driver to provide a recorded statement to them or their attorney in exchange for allowing an insurance adjuster to tape their voice. If there really is some dispute over who caused the collision both sides should have access to the available information. This reasonable accommodation is almost never received positively. They would much prefer the gathering of information be a one way street.

Their goal with a recorded statement is not to just gather the facts. They often become tools they can use to deny or belittle a claim. They usually respond with comments like “you are the one making an claim, not us”. Funny, they never seem to acknowledge you didn’t exactly ask to be making a claim; their insured ran into you and caused an injury.

So what can you do if confronted with this problem? There is no easy answer. Retaining an attorney usually helps. Somehow when an attorney gets on board the insurance company all of a sudden seems to be willing to provide a rental. But retaining an attorney takes time. You need transportation now. Some attorneys suggest providing a recorded statement but refusing to answer any questions about medical issues. Others advise doing whatever you can to refuse and use public transportation. All seem to agree that if you decide to let them record your voice, make sure you record the conversation as well. Asking them to provide a copy of the tape is often a lost cause.

When Marriage is Out of the Question â Obtaining a Green Card Through Employment

2009-11-12T15:10:00.001-08:00

For those foreign nationals who are interested in getting a green card through an employment visa, the numbers can be discouraging. Unlike the path to a green card through marriage, obtaining a green card through employment can be a long and far from certain process.

Whereas marriage to a U.S. citizen can be a relatively fast and straightforward process, applying for a work visa puts you in competition for just a very few spots, compared to the number of potential applicants. For those would-be immigrants who hope to enter the U.S through an employment visa, they will first have to find a job with a company willing to sponsor them.

If such a job is found, then the foreign national can apply for one of the very few H1B visas. Getting one of these H1B visas is no easy feat. The U.S government limits the number of applications to 100,000 and will issue only 65,000 of these employment-based visas. This number can change, of course, but the numbers seem to be getting smaller, not larger, making it more and more difficult to secure one of the H1B employment visas.

With these numbers, it is not difficult to understand why it can literally take years to gain entry into the United States. And these numbers are furthered divided into various categories that favor some countries and nationalities over others.

There are, however, a few particular professions that could give the would-be immigrant the inside track towards getting a H1B visa. Physical therapists, scientists, researchers, and college professors are almost always in demand and would be given priority over other professions where the demand may not be as great.

One other profession, nursing, is expecting a 30% shortage in the U.S. by 2020. Although this profession is not covered under the H1B visa program (nurses can only enter as green card applicants), anyone with a nursing degree will be in a strong position if they wanted to immigrate and work in the U.S. Although in the case of nurses, there would be a two-year waiting period before they receive their green card and be eligible to work.

The bottom line is that those applicants that possess specific skills and expertise that are in short supply will be in much better position to obtain a visa. However, the skills and expertise that may be in demand today may not be in demand tomorrow. In the 1990s, the decade when everyone was just getting acquainted with personal computing, there was a great demand for computer and software engineers. Today, there is a glut of computer and IT professionals here. Because of this, demand has dried up and the prospects for some specializing in those areas today will find themselves against some very long odds.

But a decrease in demand in one area usually means an increase in demand in another. With a constantly changing economy, this fluctuation of demand is to be expected. The only clear exception to this trend is in the area of nursing, where demand appears only to be growing as far as the eye can see.

Tax Liabilities and Deeds in Lieu of Foreclosure

2009-11-12T13:10:00.001-08:00

During difficult financial times, people may find it difficult to keep up with important payments on their debts. If you are struggling to make ends meet, large debts like credit cards, auto loans, and mortgage payments may be too much to handle, and you may find yourself delinquent on payments after some time. Failure to repay essential debts may result in foreclosure, repossession, and other negative actions.

Many homeowners understand how devastating a foreclosure can be to their livelihood and family, so it is important to explore your legal options if you are facing a dire financial situation. There are options available to persons who are looking to prevent foreclosure. Common solutions include mortgage modification, bankruptcy, and the issue of a deed in lieu of foreclosure.

Persons who are no longer able to make regular payments on their home loans but wish to avoid going through foreclosure may choose to turn the deed over to their lender through a “deed in lieu of foreclosure”. By returning the deed to the mortgage lender, the buyer allows the lender to sell the property in order satisfy the debt. In such cases, the lender may be able to recover some or all of the balance of the loan.

In order to complete the transaction, the property owner must usually sign documents including:


The Agreement in Lieu of Foreclosure


Warranty Deed


Quit Claim Deed

By signing the documents, the individual turns over rights and ownership of the property in exchange for the lender’s agreement to mark the loan note as “paid”. The lender may also have to sign a waiver of deficiency-judgment that releases the former owner of any liability for funds that are not recovered in the sale.

While the homeowner may be able to prevent foreclosure and satisfy the terms of the mortgage note by turning the property over to the lender, he or she may still have to pay certain taxes following the transaction. Persons may be required to pay a deed-tax following the transfer of the deed, as well as possible income tax on the debt that is canceled.

Individuals who are going through serious financial troubles, may wish to keep their property and assets rather than return the property to the lender. In such cases, the individual may wish to pursue Chapter 13 bankruptcy or mortgage modification instead of a deed in lieu of foreclosure. In some instances, a deed in lieu of foreclosure may be a better option for persons who fear they will not be able to repay their mortgage note and would rather not keep the home.

If you need assistance with a deed in lieu of foreclosure claim or mortgage modification, visit the Maryland mortgage modification lawyers of Chaifetz & Coyle, P.C.

K1 Fiancee Visa Information

2009-11-12T11:02:00.000-08:00

The K1 Fiancee Visa and K1 Fiance Visa sound the same, but have different meanings. The difference is K1 Fiancee is tied to a man immigrating to the USA and K1 Fiance Visa is tied to a woman immigrating to the USA.

Paperwork

The paperwork is the same in both aspects of the K 1 visa. This is also the case with the green card through marriage. The new non immigrant spouse will go through the same green card I 485 documentation and the same USA green card interview.

All paperwork regardless of gender is the same from the time the I 129 F application is processed up to the point where the green card has been approved.

What is more common?

In the past most all non immigrants coming to the USA through a K 1 Visa were women. That trend has slowly started to change. There are a significant amount of women in the USA now finding a future spouse abroad.

If you look at the many online international dating websites you will see this trend. More and more websites are now starting to feature both men and women.

Why are more women seeking men abroad?

This question is common and asked often of both women and men. Women from the USA are asking why do US men seek women for marriage abroad and now the same question can be asked about women.

The main reason for this slowly change in the pursuit of marriage comes from the increasing number of immigrants entering the USA from not only border countries, but from countries across the world.

Cultures from countries around the world are interacting with us at work, during our down time and also in our schools. Both men and women of the USA are now being shown the beauty of other cultures and that beauty is enticing them to search outside their common comfort zone.

My reason

I can tell you that this is what happened to me. This was the reason why I wanted to travel abroad and meeting women from other cultures. I have worked with a lot of people from different cultures and over the past years I have grown to understand and cherish those experiences. You name the country and I have probably worked with a person from that country. Working in this kind of environment enabled me to learn about and experience many different cultures in a short amount of time. There was a realization in which I started to see myself understanding certain cultures better than others. Most people will never have this opportunity and I learned to appreciate the gift that was presented to me. At the time I was a year out of a very difficult relationship and this experience gave me a reason to still believe in marriage and building a lifetime commitment with someone.

One culture that stood out was Russia. The women were beautiful, their culture was amazing and their love of family over anything else was a breathe of fresh air. Without that job and interacting with so many people from other cultures, I would have never ventured out of my comfort zone.

Life experiences are what shapes a person into what they are and what they will become. As the USA becomes even more integrated with cultures of the world, more and more US citizens will use the K 1 Visa and green card through marriage to bring a love one to the USA.

7 Things You Must Do If Your Identity is Stolen

2009-11-12T10:10:00.001-08:00

Unless you’ve been hiding out in a cave the last few years, then you are probably aware that identity theft has become a huge problem in the United States and worldwide. Each year millions of people suffer the fate of having their identity compromised or stolen to be used for illicit gain. Identity theft occurs when someone obtains your personal identifying information without your knowledge, and uses the information to commit fraud.

Just about everyone is vulnerable to this threat, and one can never know for sure when it will happen. However, if you are a victim of identity theft, it’s important to act quickly to help minimize the damage that is caused. Here are seven (7) things you can do if your identity is stolen or compromised in some way.

1) Request a credit report. By law you are allowed to obtain one free credit report per year from each of the three credit reporting companies – TransUnion, Equifax, and Experian – and even more often if you are a victim of identity theft. Request your credit report through the website AnnualCreditReport (dot) com. This website is the official website for requesting free credit reports and is maintained jointly by all three credit reporting agencies.

2) Put a Fraud Alert on your credit report. Immediately contact the fraud departments of one of the three consumer reporting companies and place a fraud alert on your credit report. You only need to place an alert with one of them, who will then contact the other two – as required by law. The other two credit reporting companies will in turn put a fraud alert on your report as well. When there is an active fraud alert on your account, you will be notified when there is an attempt to open up a new account in your name, and if there are any new charges made to your account. A fraud alert can last from 90 for an initial alert to up to 7 years for an extended alert depending on what length of protection you desire for your accounts. To file an extended alert, you must be an identity theft victim and you will need to supply an identity theft report to the credit agencies.

3) Contact all of your creditors. This includes banks, credit card issuers, and all other creditors and let them know you are a victim of identity theft. When you act quickly, they may be able to flag any other suspicious activities on the account that you have not authorized and reduce your liability for any loss.

4) Close accounts. Close all accounts that have been compromised or opened in your name fraudulently.

5) File a police report about the identity theft. Be sure to obtain a copy of the report, which you can provide to creditors for proof of crime if needed.

6) File a complaint with the Federal Trade Commission (FTC). The FTC maintains a national database that tracks all identity theft incidents. This database is often used by law enforcement agencies to investigate identity theft crimes.

7) Monitor your credit reports. You can subscribe to a credit monitoring service for a monthly subscription fee, or you can easily monitor your credit accounts by yourself. As previously mentioned, you are entitled by law to get one free credit report each year from each of the credit reporting companies. If you are victim of identity theft, and have placed a 90 day fraud alert on your accounts, you can get 2 credit reports per year from each agency. If you have put a 7 year fraud alert on your credit accounts, you can get 3 credit reports from each credit reporting company.

A good idea for effective monitoring of your credit is to stagger your requests for credit reports throughout the year, e.g., request one every 3 or 4 months – one from each agency. If you are an identity theft victim and entitled to additional free credit reports from each agency, you can stagger your request more often. Of course you can buy additional credit reports for a nominal fee at any time from any of the credit reporting companies.

In conclusion it’s vitally important that you do these 7 things as soon as possible when you suffer theft of your personal identifying information. Quick action can help you mitigate the damages caused by the fraudulent activities, and get you back on the road to restoring your credit accounts and your good name.

Ex Offender Reentry â A Different View

2009-11-12T04:10:00.000-08:00

Transitioning back into the community after serving time presents all kind of hardships before an offender is even released. There is the worry of not having anywhere to live. Family relationships may be strained due to distance and no communication while serving time or the family may simply want to not have anything to do with the inmate because of the stigma that society places on ex-offenders. In our present tight economy the last thing some families want to hear is that their relative is getting ready to be released from prison and will have to depend on them for shelter and food as they have no other means to support themselves. Offenders convicted of certain crimes, certain drug-related offenses or sex offenses, are permanently barred from living in federally funded public housing. Since private landlords are allowed to discriminate against an individual with a criminal record, options are limited about where an ex-offender may go. For the ex-offender add to that the frustration of no job and no hopes of getting a job due to lack of work experience and laws against employers hiring ex-offenders.

Well let us put ourselves in the ex-offenders shoes for a minute. A great portion of society has always looked at those that have committed a crime as horrible, inhumane individuals that do not deserve a second chance. All of us at some point in our lives have made mistakes that we deeply regret, however most of those mistakes would not warrant jail time. How many of us have used paper or the copier machine at our place of work for our personal use. Is this not stealing? Not to the extent that you went into a store and took something of value without paying for it but it is still stealing. It is almost like when people get caught telling a lie and they say, well it was just a little white lie. A lie is a lie; you cannot add or take from it. Most of us have never been in a position where we were unable to feed our families and did not know where the money to pay our bills would come from. By no means am I advocating drug trafficking as a means of support but when faced with no other options, sadly a lot of men and women resort to such measures. I am merely attempting to get you to look at the situation from the offenders standpoint. For those of us fortunate enough to have significant work experience and some kind of educational degree think back to that period in your life when you were in a frantic search for a job. You may have found out the company you were working for was downsizing, you were fired, or moved to a new area. Can you remember how frustrating it was when you would submit countless resumes, attend job fairs and fill out applications and never got a call back? Well, that feeling of disappointment and frustration has to be magnified 10 times for an ex-offender.

Maryland, among other states, has 26 laws that say beware of these people, statutes that either bar employment because of a persons criminal record or require a background check. The laws requiring background checks are equally problematic for ex-offenders. They do not say hire or do not hire, but employers are very hesitant to hire if anything negative shows up on the report. Ex-offenders are limited to certain categories of jobs; unfortunately, those are the categories where there are not enough jobs available. Even if they are able to find employment, it usually does not pay a living wage, so again, they are back to the point where they cannot afford their own housing and reliable transportation. For the ex-offender, this is all one big cycle of defeat. The next time you hear about prisoner reentry, I ask you to view ex-offenders not as criminals that deserve to be written off by society. Instead, view them as those that have made a mistake, served the just penalty, and are seeking to transition back into society with the same privileges to function as law-abiding, family-oriented citizens seeking to make their mark in the world.

How Do Bail Bonds Work? Getting You Out of Jail Faster

2009-11-11T20:35:00.001-08:00

Simply put: A bail bond is a contract between 4 entities:

The bail bonding company

The jurisdiction that holds your warrant (or court)

The person co-signing for your bail.

You – The Defendant

The bail agents, as well as the co-signers are the people who are responsible for you showing up for all of your court appearances. Now, you do have the option to pay the bond yourself, if you can afford it. The bail amount is set by the court and usually dependent on the severity of your crime and if you are deemed a flight risk.

Big hint here: turning yourself once you discover you are wanted on a warrant normally does not make you a flight risk… check with your attorney.

The bail bond company provides a guarantee to the court that you will appear in court when summoned by the judge, ie; your next court date. You will also need to check in regularly with your bail agent as a condition of your release.

Money, in the form of a bond, is required by the court as a monetary incentive to release you and keep you, the defendant, from fleeing the area, or the country for that matter. The bail bond company then charges a fee for posting your bond – this amount varies from jurisdiction to jurisdiction. In most instances, the bond amount for a felony is normally 10% of the entire bond. So if you are placed on $100,000 bail your bond amount to pay the bail bond company would only be $10,000. This saves you from having to come up with the entire $100,000 yourself as most people could not afford this. Mind you, the $10,000 fee you paid to the bonding company you will not get back.

For a misdemeanor arrest, the bail bond company normally charges a 20% fee. So if you are arrested on a misdemeanor and your bond has been set at $2000 then you would only have to pay a bonding company $400. Again, you will not get this amount back – this is a fee. Although, check with your accountant, you may be able to write this amount off on your taxes for the coming year.

Collateral is typically required on large bonds to ensure you will not skip the the case and head for Mexico. Normally a bonding company will have your co-signor sign a note (contract) stating they will give up collateral worth the amount of the bond and any other fees. This could be their car, boat or even their home. So if you have a bond that is $100,000 and you decide to skip town, your co-signor is on the hook for the other $90,000 plus any applicable fees.

The system is designed to keep you around to complete the judicial case. Usually it works and often, you have seen the shows, some people abscond and attempt to flee. But, once a warrant is written there is no taking it back – that warrant never goes away, ever. There are of course manuals and publications that are describe in complete detail the bail bonding process and how to turn yourself in properly (see link below).

A good bondsman will take down all of your vitals (height, weight, date of birth, where you hang out, what you drive, where you work, etc). The bondsman will also take a picture of you, any distinguishing marks and really get to know you before they fork over a bunch of money to the courts. Some will even go so far as to take a picture of your co-signor and get to know them and their property before releasing your bond.

If you fail to check in, or totally abscond (run away) and the bail agent or the co-signer are unable to locate you in time for trial, your co-signer is immediately responsible for the full amount of the bail. Once you are located and arrested by the bail agent or police department, the co-signer is responsible for all of the bail agent’s expenses while looking for you. All of this will be in the contract you and the co-signor have signed and must sign.

Remember, when dealing with a bondsman, don’t act out or talk brash. If the bondsman doesn’t think you will be coming back to court they have the opportunity to say no. They do not have to bond you. There is no law stating they have to bond you. So act accordingly.

If you are convicted there are certain steps you can take to flip the bond over for your appeal, this is all dependent on your bonding company and how you treated them. While you are waiting for your appeal in county jail or prison, remember you must also protect yourself, share your crime or charges with no one.

What You Donât Know About Malpractice Law Can Hurt You

2009-11-11T18:34:00.001-08:00

The rate at which malpractice cases are increasing in this country is alarming. But the more alarming statistic is the number of people who have been a victim of medical malpractice and do not realize that they have legal rights according to malpractice law, and therefore do nothing about it. While it is true that a malpractice lawsuit will not correct damages or wrongful death, it can provide some financial relief against the circumstances you may now be facing.

The first thing you must realize is what medical malpractice is. If you read the wording of malpractice law, it may seem somewhat ambiguous but it really is not. This is when a doctor, physician, hospital or some kind of health care professional acts in negligence by mis-diagnosing symptoms, prescribing the wrong medications, or some other type of significant “oops” that causes damage, disfigurement, or even wrongful death in a patient that they have the responsibility of care for. But it is not something like a billing error, where your hospital bill may show a $75 charge for a bandaid; while that is ridiculous in itself and does happen, that is not malpractice.

Typically before a patient undergoes surgery or some type of treatment, the patient is required to sign a waiver form. This is pretty much standard procedure anywhere. But most people think that because they signed that waiver form, if something happens out of negligence, they have no rights. Nothing could be further from the truth. That waiver form that you signed does not diminish or eliminate your rights if something happens in that procedure that can be proven to be due to negligence, wrong medications applied, wrong procedures used, etc. You still have rights according to medical malpractice law and that waiver does not negate those rights.

The best advice that can be given is that anytime you are going to undergo a medical process or procedure, keep a notebook or a diary where you record the events. Note the date and time of each item, the doctor or nurse’s name, what is being done, and why they are doing what they plan to do. If something goes wrong down the road, you are not going to have a clear head to go back and try to remember all these things, and such a diary will be a key component if your malpractice case goes to court.

The burden of proof is on you, the patient or the family of the patient, which is where this notebook or diary is going to be necessary. But if a malpractice lawyer, upon reviewing your case, can determine that you really do have a valid case, it is very frequent and almost common these days for the hospital or doctor to settle the case out of court. The reason for this is because the doctor or hospital does not want all the negative publicity that such a case would give them if it went to court. If they do not think you have a valid case, it may end up going to court to be settled, but if you have all your facts and figures in front of you, chances are high that it will not even get to a courtroom.

One more thing is that you should not attempt this on your own. Seek the services of an experienced and qualified malpractice lawyer. Attorneys such as this have the experience and expertise to present your case in the light required to get you the appropriate settlement. If there is no settlement, you will likely not have to pay anything for the malpractice lawyer, since they typically take a portion of the settlement amount to cover their fees.

Malpractice law is quite specific and if you have been a victim of it, know that filing a suit will not correct the damage that was caused but it can make it easier for you to move forward in the future, as well as helping to ensure that a similar error will not occur in the future.

October 2009 H1B Visa Update â There Are Approximately 12,000 H-1B Visa Spots Left!

2009-11-11T11:28:00.000-08:00

The last USCIS update on the H-1B visas available for the current fiscal year was provided in mid-September when there were approximately 20,000 slots still available in the H-1B 65,000 cap subject category. It’s now early November 2009 and there are still H-1B visas available for the H1B cap subject category for fiscal year 2010, which began October 1, 2009. The latest release from USCIS states that as of October 25, 2009, approximately 52,900 H-1B slots have been filled. This leaves the current number of H-1B visa slots still available to be at approximately 12,000. While the 20,000 H1B cap for individuals with advanced degree cap exemption has filled up, these individuals can still submit H1B applications and be subject to the 65,000 cap subject category.

On April 1 of every year, USCIS begins accepting H1B visa petitions for the upcoming government fiscal year, which begins on October 1 of every year. Every year USCIS allocates 65,000 H1b visas to the cap subject category and 20,000 H1B visas to the advanced degree (U.S. master’s degree) cap exemption.

In years prior, there has been a much greater demand for H-1B visas than there are slots available. The demand has been so great in the last two years that USCIS has had to conduct a “lottery” in early April from the batch of applications received. This is where the common term “H-1B lottery” is derived from. In those prior years, USCIS would outright reject an application received after the lottery cutoff date (April 3^rd in 2007 and April 7^th in 2008). In 2007 USCIS received 150,000+ total applications for the 2008 fiscal year and in 2008 USCIS received over 190,000 total applications for the 2009 fiscal year.

This year, a total of 43,000 petitions were received by April 17 for the cap subject category and 20,000 were received in the advanced degree cap exemption category. Over the spring and summer, from April 17 to August 28, we saw an increase of only approximately 2,100 petitions! However, since the To get a better idea of what the USCIS updates have been like since April for the cap subject category (remember, the advanced degree cap exemption category of 20,000 filled up early on), please see below:

April 17: 43,000

April 20: 44,000

April 27: 45,000

May 4: 45,000

May 11: 45,000

May 18: 45,500

May 22: 45,700

May 29: 45,800

June 5: 44,400

June 12: 44,400

June 19: 44,500

June 26: 44,800

July 3: 45,000

July 10: 44,900

July 24: 44,900

August 7: 44,900

August 14: 45,000

August 28: 45,100

September 18: 46,000

September 25: 46,700

October 25: 52,800

Although there was very little movement in the H-1B numbers over the spring and summer, we have seen an uptick in applications submitted since October 25th. Given the fact that approximately 7,000 slots were taken in about a month, there is a chance that the remaining H-1B visa slots will not remain available past the end of the year.

If you have an H1B opportunity, now is the time to take advantage of the availability. It is anyone’s guess as to what the process will be like next spring and/or if the program will be changed in any way.

Disadvantages of a Sole Proprietorship Business Structure

2009-11-11T01:42:00.000-08:00

It is very easy to form and manage a sole proprietorship. The paperwork required for registration is minimal, the initial capital outlay is small and you keep all the profits accrued. However, you are individually liable for debts that you owe your creditors and for any actions that do not adhere to the laid down rules and regulations. Your creditors will take you to court for any bankruptcy proceedings rather than your business entity. Legally, your business is the same as you.

For your business to grow, you will need to do a lot of research on new trends and emerging market opportunities. This will make your customers rate you positively and they will feel comfortable while doing business with you. However, these endeavors will definitely require the need for you to inject more capital, which you may not have. Banks will only trust you with their money if you show them that your business has shown positive growth for at least three to four years.

Many people fail to keep proper financial records for their businesses once they set them up and they are fully operational. They do not have control over their spending and do not file receipts and invoices. This could easily spell doom for your business enterprise. A sole proprietorship structure should strife to keep the financial history through filing records of the transactions. This will help identify where you made mistakes and which actions were a success.

Running a small business entity can be very challenging since, you make decisions alone, no one questions your actions, and you shoulder the losses alone. As you can see, the responsibilities are huge and you are bound to give up sometimes, calling for the involvement of a business mentor to encourage you as you face these challenges. Alternatively, you could consider hiring a business partner who would help with the operating capital and with whom you can make decisions with.

Selecting the Right Entity For Your New Business

2009-11-10T20:10:00.001-08:00

In the rush to embark on a new entrepreneurial adventure, people often overlook the importance of taking the time to select the proper entity in which to structure their business. Selecting the proper entity has both tax and non-tax implications that require every business owner to engage in proper planning and consult with tax and legal professionals.

Before ordering inventory, hiring employees or printing up some fancy business cards, every business owner should ponder these issues:

1. How will the business be managed?
2. How will ownership interests be transferred?
3. Does the ownership structure need to maintain flexibility?
4. What happens if an owner dies, retires, or files for bankruptcy?
5. How will owners be compensated?
6. What are the tax consequences to owners who invest capital in the business?
7. To what extent will owners have liability for debts and conduct of the business?
8. How will profits be taxed?
9. What type of benefits will be extended to employees?

One form of entity that has gained significant popularity is the limited liability company-also known as the “LLC”. An LLC is formed by filing a Certificate of Organization with the Department of State and can have as few as one “member” (owner). Some of the key characteristics of an LLC include:

-very flexible structure;

-can be taxed as a partnership

-members of the LLC are not liable for debts and liabilities of the LLC

-less formalities than a corporation

-no annual fee for members

-operating agreement controls the relationship of the members

Whether you select an LLC, a corporation, an LP, or some other business entity is an important consideration that is best dealt with well in advance of the start of your new business. Be sure to meet with an accountant and an attorney, who are experienced in business formation, to review which entity will best help you achieve your business goals.

Your Bail Bonds Questions Answered

2009-11-10T15:10:00.001-08:00

Bail bonds may not be something you ever need but should you find yourself in a jam, you are going to have to know something about how they work and how they benefit you. It could mean the difference between sitting in jail waiting on a court date and being able to be with your family or friends.

You probably do not set out with the intention of being arrested and needing the services of a bail bond agent but in this article we will cover the basics of the bail bonds world and hopefully educate you on the basics that you will need to know in case you ever find yourself in a stick situation.

What are bail bonds?

Bail bonds are the fee it takes to get out of jail. The bail bond can be paid by the defendant in full or it can be paid by a special agency that works to get people back on their feet after being arrested. The modern bail bond agency was first started back in the 1800’s by Tom and Peter P. McDonough.

They believed that a person was innocent until proven guilty and should not have to sit in jail waiting to prove their innocence. They should be free to live their lives until the court date.

What is a cash only bond?

A cash bond occurs when the judge will not allow you to be bailed out by a bond agency. This usually occurs if the judge considers you a flight risk but will still allow you out of jail.

There are some smaller bonds that must be paid such as insufficient funds on a checking account. Speeding tickets may be considered a cash bond if you have failed to pay the ticket and have had a warrant issued.

What is a bounty hunter?

A bounty hunter is someone that hunts down people that have skipped out on their bonds. Skipping out on a bond means that the person did not show up for their court date and have gone on the run to avoid being caught and returned to jail. A bounty hunter is usually required to be licensed in the state, or states, he or she practices in and they must know the laws under which they are required to operate.

Is bounty hunting really like those reality television shows?

Any real bounty hunter will tell you that their job is not nearly as exciting as the reality television shows pain it out to be. Many times they go to find the defendant and he or she is sitting at their house with some excuse as to why they did not show up at court.

There are times of excitement when the person goes on the run but those are few and far between. There is usually no “jet setting” lifestyle where they fly to some exotic place to retrieve the defendant.

If I have to post a bond myself, will I get the money back?

Once you have shown up for court on the date specified you will get your bond money back. Do not count on it being there immediately for you to pick up.

The court system has to discharge the bond money. You may not get this until your case is settled because there is still the possibility that you could skip out on your bond.

These Are Some of the Advantages of Sole Proprietorship

2009-11-10T13:10:00.001-08:00

One of the simplest ways to make money is by running a small business enterprise. As a sole trader, the amount of money that you pay to the revenue authorities for registration is minimal and management of the accounts is easy, thanks to the many account management programs available over the Internet. However, you should be prepared to keep all the profits and absorb the losses. If you fail to pay any debts owed by your enterprise in time, you risk being sued for bankruptcy by your creditors.

Most of the businesses that run on a sole proprietorship trading structure are profitable, easily run and have little registration forms and books to worry about. You do not need a lot of time to prepare yourself and to set up big budgets like other structures need. The amount of money and the documentation that you need is also limited. It may also be good to note that as much as it is easy to form a sole proprietorship, it is also easy to wind it up if you desire to do so.

A sole proprietorship encourages the growth of self employment ventures for those who wish to start new businesses. Your friends and relatives will interact with you personally and they will appreciate the benefits that you are getting from your new enterprise, making them want to start like you did. As the owner of the small business venture, you are able to manage your employees since, you are the one in control of the daily activities on the important business decisions will always come from you.

The proprietor knows every one of his customers by name and location. He is thus able to develop a closely knit friendship with them. By the virtue of the fact that a small business enterprise is easy to form, run, control and maintain, the owner of the business feels encouraged to go on and explore new heights in business, the more he works and dedicates time and effort to the enterprise, the more money he makes. The sole proprietor will keep all the profits, less tax accrued to the business entity.

Legal Forms and Documents That Protect You From Copyright Infringement

2009-11-10T10:10:00.001-08:00

With the worldwide adoption of the internet, copyright infringement has become one of the most common offenses in the media industry. Copyright laws are put in place to protect artistic and intellectual property. The laws are very specific and cover all types of print materials. Forms, legal forms, real estate forms, agreements, contracts all manner of legal documents are protected by copyright laws. Books, novels, poems, songs, articles all protected by copyright laws. Videos, movies, music again protected by copyright laws. It is illegal to steal or to use certain intellectual property or artistic property without explicit permission of the owner of that property. Yet it happens all the time, and very little thought is given to it. The reason the laws are not enforced because it is virtually impossible to enforce and is only enforced when something occurs on a grand scale.

Not to long ago there was a file sharing site that was in the news everyday. This file sharing site provided an arena where music could be shared amongst users. Basically a user would become a member by filling out a short membership form agree to the terms of service and would have immediate access to this website. The member would than be able to down load music that other members had uploaded to the site. If one member bought the latest CD and uploaded to the website , potentially millions of other members had access to this CD free of charge. The music industry was losing quite a bit of money. Clearly this was a case of large scale copyright infringement. Suffice to say in this instance the copyright laws were enforced and continue to be enforced in this forum. This is just one instance of copyright infringement online, it occurs everyday. Software is shared, music, movies, books all of it shared online, all of it clearly copyright infringement.

Term papers are another place where copyright infringement occurs regularly through plagiarism. It seems relatively harmless, a few lines copied without giving proper credit to the original author, but it is not legal and could wind up with an expulsion from school, though it very rarely does. This is another arena where it is difficult to enforce the rules, it would take an instructor many extra hours added to their work day to check each and every paper that they receive.

Enforcement is rare because it is difficult to trace every incident and because it is so prevalent virtually millions of people would wind up owing someone money.

Patent Brokering â A Trustworthy Solution to Cash in Your Patent

2009-11-10T10:09:00.000-08:00

Your invention is your intellectual property and is indeed one of the most valuable business assets. Similar to the physical asset, your invention must be maintained, accounted and professionally managed in order to gain the full profit. In the current set up where the creative individuals all over the world are developing ideas into new patents in a record rate, you also need to do an intelligent analysis to strike the best deal for your intellectual property. Patent brokering is the trustworthy procedure of intelligent analysis of your patent while thriving an efficient and dedicated marketing of your patent, to fetch you the maximum profit.

In the open market the seller might be a small company, which has patented an invention however lacks the resource to maintain it, the buyer might be a giant company, seeking access to newer inventions and technology apart from its research and development lab. It is in this scenario, the patent brokering service comes into picture, to facilitates technology transfer while linking the buyer with the seller.

Patent brokers thus mediate between you and the buyer of your invention while managing a thousand steps in the process to strike the deal for you. With immense expertise and hands on experience in patents, trademarks, know-how and prototypes patent brokering offers you the utmost solution in making your invention a commercial success. Patent brokering is thus an important step in facilitating an active market in patents. While identifying new technologies the patent brokers bridge the intellectual property seller with the buyer. The patent broker provides a wide array of services like:

Initial due diligence: An important part in patent brokering, due diligence verifies any business opportunities that survive the initial screening stage.

Technology assessment: It involves the study and evaluation of your invention.

Market analysis: Parent brokers analyzes the market to quote the best price for your invention.

Value analysis: By doing a value analysis the parent brokers analyze the value of your patent before finally quoting it to the buyer.

Lead development: With state of the technology, the patent brokering service aids in generating leads (prospective buyers) for your intellectual property.

Introduction: The patent brokering service acts as the mediator between you and the buyer while introducing you and your intellectual property to the prospective buyer.

Relationship management: This is indeed the most important task of the patent broker to develop, maintain and nourish client relationship for mutual benefit..

With the tremendous growth in demand, patent brokering service now a day has gained importance as the leaders in performing technical analysis for competitive intelligence while helping the sellers in earning cash from their patent.

A Licensing Primer For Photographers

2009-11-10T04:10:00.001-08:00

When most people think of what a photographer does, they just think about taking pictures. A photographer has many more responsibilities. He must pose subjects, create suitable lighting, know how to work with many different types of equipment, develop photographs, and choose the best shots for framing and other purposes. Photographers should be able to make a great deal of money for their talents, but the expense of purchasing equipment and supplies, plus other costs associated with photography, mean that many photographers barely break even. There is one way that photographers can make more money, and that is through licensing.

Licensing is the transfer of copyright, in whole or in part, from one party to another. Both parties benefit in some way from entering into a licensing agreement. When a photographer licenses his work to another person or company, the photographer is the licensor and the person or company is the licensee. When licensing the use of a photograph to another party, the photograph can make the license exclusive or non-exclusive. An exclusive license limits how the photographer can further use the work. A non-exclusive license gives the photographer the right to license the work to other parties. The photographer usually receives some monetary benefit for licensing, but production credit and other benefits may also be realized.

When determining a licensing fee, photographers need to take several factors into consideration. The first component of a licensing fee should be the photographer’s costs of doing business. The photographer needs to know how much their costs are so that they can meet the costs and still have enough left to make a profit. The second thing included in a licensing fee is a usage fee. Usage fees will depend on how much a photograph is being used and what it is being used for by the licensee. If the photograph being licensed will only be used once, the usage fee will be lower than if the photograph were to be used several times. Photographers also need to consider how a photograph will be used when determining usage fees. If a photograph will appear on the cover of a magazine, the usage fee will cost more than if the photograph were appearing inside the magazine alongside one of the articles. The photographer must also consider production costs when determining a licensing fee.

There are some factors to consider when licensing that a photographer does not have direct control over. While the photographer cannot control these factors, he should still be aware of them so he can come up with a licensing fee that makes sense for the market. Geographic location will play a big part in how much a photographer can charge for licensing. A photographer working in New York City or Los Angeles will be able to charge more than a photographer in rural Kansas. Other factors to consider when determining a licensing fee include the potential licensee’s history as a business and what industry standard rates are for specific projects. When a photographer takes all of these considerations into account, he will be more likely to determine a licensing fee that benefits his business.

Selecting the right conveyancing firm

2009-11-09T20:10:00.001-08:00

Conveyancing is not everyone’s cup of tea as this process of buying/selling of property always requires the right professional advice. It takes years of study, hard work and experience for an individual to become a successful conveyancer or a conveyancing solicitor. It is quite amazing that people sometimes think they are good enough to carry out the process themselves and do not hire a conveyancing firm/solicitor. The end result is that they either get tricked or face problems which end up costing them much more than it would have if they had sought professional advice.

Acquainted with these facts, The UK Law Society recently advised that conveyancing solicitors offer impartial & knowledgeable guidance which is the key to a successful transaction. The society has termed conveyancing as ‘a complex process’ for buyers, purchasers & lenders who must seek professional help for conveyancing to be done rightfully.

The society carried out a consultation on ways to improve the housing market which has seen unprecedented challenges along with changing customer expectations and rising anti-money laundering requirements, since the global economic downturn.

One of the key suggestions was to improve the existing conveyancing protocol by introducing new accreditation protocols. Respondents were however, skeptical about a proposal to allow conveyancing solicitors to become real-estate agents which is likely to affect the credibility of advice offered to clients.

A top Law Society official was quoted by Yeovil Express as saying: “The professional integrity and legal skills which solicitors traditionally bring to the housing market are just as key now as they have always been and probably more important than ever. Also the profession’s unique ability to embrace change means that our traditional values can be used to bring improvements to the process.”

One of the most important points to consider while selecting a conveyancing firm/conveyancer is to determine the amount of experience. A good conveyancing firm usually has a panel of qualified solicitors who work in team to help their clients and are usually more effective than individual conveyancing solicitors. Apart from experience, one should also consider relevance of the experience (cases similar to one’s own case) before hiring a conveyancing firm/solicitor.

Another major aspect of conveyancing is the fees. A good conveyancing firm/solicitor will always provide clients with a step-by-step pricing guide. A firm confident of their credentials will not hesitate to offer ‘No Completion No Fee’ conveyancing to its clients. In this case, if the exchange of contracts fails for which client is not responsible, he/she is not liable to pay anything to the firm and will only pay for third party expenses (disbursements).

The ideal way to approach conveyancing process is devote some time to research for finding affordable and appropriate conveyancing advice. Best research that one can do is to find some claims company websites that offer the facility of free instant quotes. One just needs to fill a short and simple form and will get an instant quote in matter of seconds. Compare the quotes, keep in mind the above mentioned points, and select the conveyancing firm/solicitor, which best suits your need.

What is a Supplemental Needs Trust (aka Special Needs Trust)?

2009-11-09T15:10:00.001-08:00

Special-needs cases come in numerous forms, from the physically to the mentally and/or emotionally challenged. From manic depressives to children with cerebral palsy or autism, parents of a special-needs child must deal with a perpetual dependent.

In its simplest form, a trust provides instructions for managing money and other assets. A Supplemental Needs Trust (SNT) is a trust created for a chronically and severely disabled beneficiary which supplements government benefits such as Medicaid rather than diminishing such benefits. Medicaid and other government benefit programs consider the resources and income of an individual for purposes of determining eligibility for assistance and the amount of such assistance. With a SNT, however, a person such as a family member may establish a trust for a disabled individual without jeopardizing the beneficiary’s eligibility for Medicaid and other government benefits because directly giving money to the beneficiary can quickly exhaust their assets while also disqualifying them for government assistance.

Parents with special-needs children often must find a way to support their children long after they might have to support children without disabilities. This can lead to additional and very specific long-term, investment-management services, often emphasizing income generation for an extended time period, longer than the usual retirement plan.

A large part of establishing a special-needs trust focuses on understanding the beneficiary’s needs, which are often complex. Other basic questions to consider are: What are the family’s financial wishes? What are some of the beneficiary’s “lifestyle issues” that must be addressed? What special services are needed? Other key needs may include health care, housing, transportation, entertainment, and selecting a guardian.

SNT’s are usually irrevocable, however, they can be set up within the framework of a revocable trust that goes into effect once the settlors die, giving the settlors maximum flexibility. Life insurance is frequently used to fund SNT’s.

SNT’s allow for the following types of provisions for the disabled beneficiary:
1. Purchase of Services. Services are not counted as income against the beneficiary’s SSI benefits, because they are not easily convertible to cash.
2. Distributing In-kind Income. “In-kind income” exists when you give the beneficiary something other than money such as food, shelter, or clothing.
3. Purchasing items or service in the name of the trust. Ownership by the beneficiary would cause a loss of benefits, so if the beneficiary does not have control of the item, it is probably not an asset or resource to the beneficiary.

Note, however that the disabled beneficiary may own a home outright without jeopardizing government benefits.

Copyright What Does Copyright Protect?

2009-11-09T13:10:00.001-08:00

As a publishing coach, I often get questions about copyright. People are confused about what it protects, what they need to do, whether they need to add notes such as “all rights reserved” on materials, etc.

An important thing to note about copyright is exactly what you can copyright. Essentially, you can only copyright your particular expression of your ideas, not the ideas themselves. You can’t copyright titles, oddly enough, but you can possibly trademark them.

Any time you create a work, it is automatically protected under copyright law. Here’s a relevant paragraph from the U.S. Copyright office:

“Under U. S. law, copyright protection subsists from the time the work is fixed in any tangible medium of expression from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Copyright registration is not mandatory, but it has important benefits.”

Because your work is copyrighted when it’s created, you don’t absolutely have to even post the copyright notice (i.e. the copyright symbol and date).

The main reason, in my opinion, to put the copyright notice is to remind people that this is copyrighted material. On a website where you’re selling something, you don’t need to add “All rights reserved.” However, include it if the site contains valuable content that someone might want to copy to, say, create an information product with YOUR material.

On something public like a blog or website, say if you’re giving away content to show that you know what you’re talking about, it makes sense to add “All rights reserved” with the copyright notice. In fact, in such cases, it’s a slight hint that the info there IS valuable.

So–for straight sales copy, no. For valuable content, yes. And nowadays, I think content IS what sells, so the lines can blur.

For information products, such as Special Reports and ebooks, minicourses etc., you definitely want to include “all rights reserved.” It’s not legally necessary, but it’s a reminder to other people that this is in fact copyrighted material and they do not have a right to copy it or distribute it.

In anything people download from my site, paid or unpaid, for example, I clearly spell out in the front pages what people can and cannot do with my material–whether they can pass it on or not, that they may not reproduce it, sell it, etc.

Many people seem to think that if something in on the Internet, it’s automatically free content that they can copy and redistribute at will. This is not the case, and posting copyright symbol, date, and “all rights reserved” is a reminder to readers that this is YOUR content.

To me, the more often more of us remind people of that, the better.

The Mediation of Elderly Care, Trusts, Wills and Probate Issues

2009-11-09T10:10:00.001-08:00

The number of court cases related to issues of elderly care and probate is on the rise due to the fact that the baby boomers are growing older and life expectancy increases with each generation.

Conflicts related to the care of the elderly and probate and disputes about wills and inheritance create endless stress among family members and end up in courts, costing enormous amounts of money and transforms brothers and sisters into enemies. This type of conflict is common and its effect is devastating for families that had never before faced such differences, and the resentment that is created can affect even future generations.
The mediation of these matters creates the opportunity to find solutions to these problems in a creative manner and the possibility of solving them once and for all, without the need to spend the family funds in attorney’s fees and bitter litigation.

Some of the advantages of using mediation to find solutions in probate and trust cases are:

The process is confidential with some legal exceptions

The cost is much less

The process is much quicker

The solutions are more creative

The degree of satisfaction is much greater

In elder mediation cases involving elderly care, inheritance or trusts, just as in any other type of family dispute, there are many emotions involved. Litigation is very expensive and can take years during which previous family issues are intensified. The dynamics among family members turn sour. Yet, a good mediator can help keep everyone focused on the future and prevent previous grievances from determining the outcome of the issues at hand. The mediator can create a plan for communication and future interaction among family members.

In some cases, the pressure and conflict related to the care of the elderly members of the family can escalate to the point of involving the person concerned. Disputes about, who is doing their share and who isn’t, and whether they are doing it well or not end up involving how the money of the elderly person is being spent. In the end, the senior’s health and security may be jeopardized.

Mediation offers positive alternatives. Speaking privately, in a friendly environment, with the guidance of a professional who is trained to facilitate the discussion, the participants can arrive at conclusions that are acceptable to all involved. The elderly may even be involved in the discussion so that their dignity is respected and they feel that they still have some degree of independence.

The mediation of elderly issues can involve a group of people and become charged with all kinds of emotions. Much patience is needed, as well as compassion and a good degree of sensitivity. These discussions must be led by someone who is trained and skilled at dealing with these kinds of challenges. These are the reasons why elder mediation offers a better chance of resolving these matters without affecting family relations permanently and without hurting the elderly person’s feelings. Elder mediation offers a healthier way of dealing with these matters which may result in strengthening family ties and bringing joy to the old.

When does a driving under the influence lead to a felony charge?

2009-11-09T04:10:00.001-08:00

most dui offenses lead to misdemeanor charges. A misdemeanor is a comparatively minor charge, defined by the greatest or most complete or best possible period a person can spend in jail– usually about a year. A felony, then again, is defined by the minimum period a person can be sentenced to jail. Dependent upon the state in which the dui occurred, dui offenders can face up to one year in jail and receive fines of up to $1000, and penalties vary dependent upon the offender’s blood alcohol content (bac) level, the number of former offenses, and age.

in rhode island, the charges for basic time dui offenders can include:

a fine of $100-$300

1-6 month suspension of driver’s license

up to one year of jail time

10 to 60 hours of community service

enrollment in driving school or in alcohol treatment programs

additional fees

charges for second time dui offenders within five years can include:

a fine of $400

up to 2 years suspension of driver’s license

from 10 days up to 1 year in jail

enrollment in driving or alcohol and drug treatment programs

installation of an ignition interlock device in vehicle, to stay up to 2 years

there are two types of dui cases underneath which a person will be charged with a felony in rhode island. They include receiving a dui charge for the third time, or causing an accident that results in the injury or death of another party.

the penalties for a felony charge dui can include:

a fine of up to $5000

2 to 3 year suspension of driver’s license

from 1 to 5 years in jail

enrollment in driving programs or alcohol and drug treatment programs

installation of an ignition interlock device in vehicle, to stay up to 2 years

a dui charge for an accident that resulted in the death of another person can include:

a fine of up to $10,000

5 year license suspension

up to 15 years in jail

a dui offender with a bac above 0. 1 will harsher penalties. Similarly, offenders underneath the age of 21 face a different set of penalties, usually less rigorous than the ones listed above, and more focused on alcohol awareness, treatment programs, and community service instead of on incarceration.

the range of dui penalties can be overwhelming and confusing. If you have been convicted of a dui, the penalty you receive will be grounded on your peculiar situation. To learn more about dui penalties and how they might just be lessened, visit the internet site of Rhode Island DUI attorney james powderly.

Four Questions You Should Ask Prospective Criminal Defense Lawyers

2009-11-08T20:10:00.001-08:00

Your initial priority after you’ve been accused of a crime should be to hire yourself the best criminal defense attorney you can locate. How can you find the best attorney for your situation? There are four important questions you need to ask of each potential representing lawyer.

Question 1 – How Will The Lawyer Handle The Case? – You’ll need to explain the case to each legal counsel you see. Let them know what charges you are facing and give them the circumstances surrounding the arrest and charges. Once you are done, ask them how they plan to handle it. There are two things you need to watch out for with their answer:

- Ensure the lawyer understands your case clearly
- Ensure they’ve paid attention to all details of the case

Question 2 – What Is Their Plan Of Action? – The legal counsel you are speaking to should be telling you what kind of action they plan to take. You want to know what your criminal defense is going to be. You also want to know how they plan to proceed in defending you in a clear, concise and easy to understand manner. Even if the criminal defense attorney is good, you can feel stressed out from the entire situation when you don’t understand the proceedings and what is happening.

Question 3 – What Are The Attorney Fees? – Remember that each lawyer will bill you differently. Some ways they may charge include:

- By the hour
- By phone call
- Charge for miscellaneous expenses

Make sure to get a ballpark amount so you understand about what it will cost to defend you. You need to make sure all the terms are clear including when you’ll need to pay your first payment or if the lawyer requests a retainer for his/her services. While you want the best and most experienced criminal defense lawyer, you need to know what their costs are overall.

Question 4 – How Will Your Attorney Keep You Updated On Your Case? – You need to question the counsel how he/she plans to keep you updated on the case. Some lawyers will make sure you’re contacted all the time while others contact you with they have information they need from you or have to share. You want the type of lawyer who will inform you of everything and how the case is progressing; it doesn’t matter if there’s no report at all. Make sure you stay in the loop and your lawyer keeps you there. If the only time you want to hear from your retained legal counsel is when they have something important to tell you, let them know this upfront.

While you’re asking these four important questions, pay attention to how the lawyer makes you feel. Are you comfortable with their process or with them? While your case is ongoing, you’ll be sharing all kinds of personal and private information; do you feel comfortable with telling them this information. You want a lawyer who won’t make a judgment about you so don’t settle for just any lawyer. Find one you are comfortable with all the way around.

When does a driving below the influence result in a felony charge?

2009-11-08T15:10:00.001-08:00

most dui offenses result in misdemeanor charges. A misdemeanor is a comparatively minor charge, defined by the greatest or most complete or best possible period a person can spend in jail– commonly regarding a year. A felony, on the other hand, is defined by the minimum period a person can be sentenced to jail. Contingent upon the state in which the dui occurred, dui offenders can face up to one year in jail and accept fines of up to $1000, and penalties vary contingent upon the offender’s blood alcohol content (bac) level, the number of previous offenses, and age.

in rhode island, the charges for original time dui offenders can include:

a fine of $100-$300

1-6 month suspension of driver’s license

up to one year of jail time

10 to 60 hours of community service

enrollment in driving school or in alcohol treatment programs

additional fees

charges for second time dui offenders within five years can include:

a fine of $400

up to 2 years suspension of driver’s license

from 10 days up to 1 year in jail

enrollment in driving or alcohol and drug treatment programs

installation of an ignition interlock device in vehicle, to stay up to 2 years

there are two types of dui cases under which a person will be charged with a felony in rhode island. They include receiving a dui charge for the third time, or causing an accident that results in the injury or death of another party.

the penalties for a felony charge dui can include:

a fine of up to $5000

2 to 3 year suspension of driver’s license

from 1 to 5 years in jail

enrollment in driving programs or alcohol and drug treatment programs

installation of an ignition interlock device in vehicle, to stay up to 2 years

a dui charge for an accident that resulted in the death of somebody else can include:

a fine of up to $10,000

5 year license suspension

up to 15 years in jail

a dui offender with a bac above 0. 1 will harsher penalties. Also, offenders under the age of 21 face a dissimilar set of penalties, commonly less strict than the ones listed above, and more focused on alcohol cognizance, treatment programs, and community service instead of on incarceration.

the range of dui penalties can be overpowering and confusing. Whether or not you have been convicted of a dui, the penalty you accept will be based on your particular situation. To learn more regarding dui penalties and how they might be lessened, visit the site of Rhode Island DUI attorney james powderly.

Plagiarizing Content is Not Ethical

2009-11-08T13:10:00.001-08:00

You found it on the internet to it’s free to take and use right? Wrong. Just because you see something on the web doesn’t mean you can grab it and pass it off as your own.

Recently I was alerted to the fact that someone had taken an article of mine, changed ‘VA’ wherever it appeared to their company name, and then uploaded it as their Benefits page. This is NOT okay.

Changing it ‘just a little bit’ does NOT make it yours.

This trend is not new. VAs around the globe have found that newbies are visiting their sites and taking content to build their own sites. The excuse is invariably “Well there’s only so many ways to describe what a VA does”. Perhaps that’s true, but you should always write your own content – or at the very least ask whether you can use what you find elsewhere first and provide appropriate author acknowledgements.

With the emergence of Filipino and other Asian and English-as-a-second-language outsourcing companies, plagiarising content is on the rise.

What you find online is the intellectual property of the site owner. Everything on that site is copyright (and an annotation to that effect will be on the site). If you find information in online article directories, there are terms of use for that content. You can’t just take it and use it as if it’s your own.

Which brings me to the problem for clients. Just because it’s written on a VA’s website doesn’t make it true. If you’re looking for a VA make sure you check their credentials and what they say. Certification badges should be linked back to the organisation that provided the certification. Testimonials can be put up by anyone – legitimate testimonials will always include a link to the person who provided it – either to their email or website for contact information so you can verify it.

The particular site owner who ripped off my content has a Code of Ethics on their site which includes amongst other things:

Apply ethical business practices in administrative and financial aspects of the service.

Comply with all legal obligations to provide professional services including, but not limited to, copyright laws.

Well I guess they probably took those from another VA’s website too because they certainly didn’t comply with copyright laws when they took my article.

Now imagine you’re a client and you find this service provider online. Everything looks legit right? But do you really want to partner with them when what they’ve actually got on their site belongs to someone else because they lack the ethics, intelligence or motivation to write it themselves? What does that mean for how they’ll handle your work product and issues of confidentiality? Can you trust them?

Be careful! If you’re a client check the legitimacy of the VA you want to partner with, do your due diligence, speak to them, check their references. Don’t just believe what you see online as it may not be theirs to begin with.

If you’ve had content taken what can you do? Most industrialised nations are signatories to the Berne Convention, which forms the basis of copyright law internationally. In the US you may be covered under their Digital Millennium Copyright Act. The location of the perpetrator will be your stumbling block so seek legal advice.

Your first point of contact is the perpetrator. Ask them to take the content down as it infringes your copyright. If they refuse or don’t comply, do a Whois search to find their hosting company and then write to them advising of the infringement and requesting a takedown of the page. If this still doesn’t work, you can approach APIC – the Association for the Protection of Internet Copyright for assistance.

If you’re starting out as a VA or are an outsourcing company, just because you find it online does NOT make it yours to take. Write your own content, or ask the author for their permission before you use something and try to pass it off as your own. You will be found out. You will be asked to remove it or face possible legal action. And you will damage your reputation before you even get started.

Winning Arguments in Social Security Disability Cases

2009-11-08T12:02:00.001-08:00

Unlike retirement Social Security, claimants for disability benefits under Social Security’s rules must prove that they are disabled. SSA defines disability in terms of work capacity – according to the government, you are disabled if you cannot engage in “substantial gainful activity” because of a medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months or result in death.

This definition sounds complicated but in layman’s terms you essentially have to prove that you could not reliably perform even a simple, one or two step entry level, unskilled job. In my experience, job reliability concerns are of most concern to a judge. I have won many cases by proving that my client would need to take too many unscheduled bathroom breaks or that her pace of work would be too slow or that he has an inability to engage appropriately with co-workers, supervisors or the general public.

When I prepare a case, I always go into court with a clear argument as to why my client meets SSA’s disability requirements. As SSA is a governmental agency and governmental agencies tend to have their own lingo and system for analyzing a problem or issue, you will greatly improve your chances if you understand what the SSA judge is looking for and you and/or your lawyer make some effort to speak their language.

When a judge analyzes a Social Security disability case, he considers in a “big picture” sense three different grounds for disability. If you understand these arguments or “theories of disability” and can adapt your case to one or more of these arguments, you will greatly increase your chances for a successful out come.

Perhaps the fastest and easiest argument for disability relates to Social Security’s listings. Published in the Code of Federal Regulations, a listing is made up of a detailed description of a very specific medical issue and a description of associated activity limitations that usually go along with this issue. In drafting the listings, Social Security has broken the body down into 14 different body systems – such as the musculoskeletal system, the cardiovascular system, the genitourinary system, the immune system, mental health systems, etc. The adult listings may be found at Social Security’s Blue Book, which can be accessed online.

If your condition meets a listing, you win quickly and often without the need for a hearing. Listing level cases are often decided early by SSA adjudicators and statistically less than 20% of claims are approved early under a listing argument

A second and far more common theory of disability relates to what is known as your functional capacity for work. In a functional capacity case, you would argue that your condition or conditions have created limitations on your capacity to perform work like activities that you would not be a reliable worker. For example, if you have a medical condition that requires numerous, unscheduled bathroom breaks, or if you have a condition that results in uncontrollable outbursts such that your pace of work would be too slow, or if you experience pain to the point where you could not maintain sufficient attention and concentration, you could be approved based on a functional capacity argument.

Successful functional capacity cases usually require the support of a treating physician or mental health professional who will go on record by completing a functional capacity form that details the specific job limitations that exist in your case.

Finally, a third argument for disability is known as a “grid rule” argument. The grid rules refer to a set of rules that apply to individuals over age 50 who have a limited education and a physical medical impairment. By publishing the grids, Social Security recognizes that men and women over age 50 have a much more difficult time entering the work force, especially if these men and women have a limited education and work background.

If you are over age 50 and your impairment is physical (not mental) in nature, take a look at the grid rules to see if you might qualify.

Disability claimants can present one, two or even three relevant arguments for disability when they appear before a Social Security judge. If you know what you are trying to prove and you have lined up support from treating physicians, your chances at success will increase greatly if your frame your case argument in the specialized language used in Social Security disability hearing rooms.

Marketing Regulatory Business Issues Concerning Investment Business Opportunities

2009-11-08T10:10:00.000-08:00

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.

Prescription Controlled Substances – What Are the Risks?|LA Investigator

2009-11-03T12:37:00.000-08:00

Several years ago, a friend was hospitalized for congestive heart failure and told me about his first night in the hospital. During the night they placed a post-op patient into his room, following amputation of both legs. Heavily sedated, the patient spent the night crying out about leg pain. The next morning my friend commented to a nurse that caring for such a patient must be extremely difficult and frustrating. The nurse refuted that and said that it was very easy to care for a patient that evoked such empathy. My friend then asked what type of patient was the most difficult. The nurse quickly replied, “Addicts and alcoholics, because once you release them they just go back out and do it again!”

I mention this story because healthcare professionals are frequently besieged by drug-seeking patients; and according to the experts, prescription drug abuse is often coincident to the abuse of alcohol and street drugs. Addiction, regardless of the drug of choice, is a chronic disease characterized by impaired control over drug use, compulsive usage, craving and continued use despite harmful effects. Such addicts will do or say anything to access their “fix”.

Healthcare professionals also indicate that pain is one of the most common patient complaints and one of the most difficult complaints to assess because the pain is not objectively verifiable. Yet the patient often presents quite sympathetically – debilitated by chronic pain and dependent upon the doctor for relief.

Numerous issues come into play with this topic. You have the humanitarian concerns of preventing addiction, helping addicts to recover and misclassifying a legitimate pain patient as a “drug-seeker”. Additionally there are the legal regulations regarding prescription of controlled substances.

On the risk management side, doctors engaged with a drug-seeking patient can find themselves the target of a medical licensing board inquiry or an investigation by the police or DEA. Any such activity can potentially jeopardize a doctor’s practice or license. That is why it is critical that healthcare professionals become knowledgeable in recognizing the signs of a drug-seeking patient.

As with most medical situations, thorough documentation is critical. However, documentation should go beyond patient history, examination results, underlying or coincident conditions, severity and frequency of pain, as well as indicated medication to be prescribed. It should also include detailed notes on the patient’s comments. Often the details of their story will change over subsequent visits and can be indicative of a drug-seeker’s attempted manipulation.

Other indications may include:

Escalating need for increased dosage or frequency and requests for early refills.

The patient waits until after-hours periods to call for a problem that has existed all day – or demands to be seen immediately.

Feigns physical or psychological problems, ranging from various types of pain to anxiety, insomnia, fatigue or depression.

Indicates that non-narcotic analgesics will not work effectively, or an allergy to them.

Alleges to be an out-of-town tourist, unable to get an appointment with their primary physician or that a prescription has been lost or stolen.

Doesn’t provide insurance information, preferring to pay directly.

In studying reports about addicts, manipulative behavior seems to be a key personality factor. They often exhibit an assertive personality demanding immediate action. They may dress to extremes – either overdressed or slovenly in appearance. They generally have significant knowledge of medications and symptoms, but become vague or evasive when questioned about their personal history. That evasiveness becomes more noticeable when they are reluctant to provide reference information as to address, insurance and regular physician. You may also notice that the patient requests a specific drug or exhibits mood swings while in your office.

Spotting drug seekers is difficult at best. Not all of them are faking their symptoms. They may have a legitimate complaint, but have become physically dependent over time with increased tolerance. Plus, most doctors are concerned about misclassification, thereby denying medication to a legitimate patient.

Every practice should develop procedures for dealing with drug-seeking patients. Determine the best way to communicate your refusal to prescribe for them and what to do if they become confrontational or even violent. Additionally, identify an addiction medication specialist as a resource with whom you can consult and refer patients. If you feel that your practice is confronted with drug-seeking or addicted patients, it might be a good idea to have such a specialist conduct an informative workshop for yourself and your staff.

In conclusion, I must offer the disclaimer that I am not a medical professional. However, as a provider of medical malpractice insurance and risk management resources for the medical industry, this article is based on my personal experiences and research in helping physicians to manage their risks and exposures.

Written By Criminal Defense Blogger for related stories visit: Popehat Bennett and Bennett Not Defending People Miami Crime Law Fresno Criminal Lawyer Catch Infidelity Criminal Defense New York Investigator Template Junky Paul B. Kennedy A Lawyer Without a Clue Los Angeles Private Investigators John Floyd Overpriced Lawyer California Criminal Defense Lawyer

US Says Patience With Iran on Nuclear Issue Not Unlimited

2009-10-31T08:30:00.000-07:00

A technician at Iran's Natanz Uranium Enrichment Facility south of Tehran talks to visiting Pres. Mahmoud Ahmadinejad (L) (File)

The Obama administration signaled impatience with Iran after the Tehran government ignored a Friday deadline to respond to a U.N.-brokered deal aimed at easing concerns over its nuclear program. Iran has promised a reply by next week.

U.S. officials say they're willing to wait a few more days for an Iranian response to the nuclear proposals, but they say the Obama administration is looking for concrete action and does not have unlimited patience.

The comments from the State Department came after Iran failed to provide a final response Friday to a proposal brokered by the United Nations nuclear watchdog agency under which Tehran would ship abroad much of the low-enriched uranium it has produced in an enrichment effort that has drawn international concern.

Under the scheme, Russia would further enrich the uranium to the 20 per cent purity needed for use in a research reactor in Tehran which produces medical isotopes but is running out of fuel.

The fact that if Tehran surrendered most of the uranium it has been processing at its Natanz enrichment facility it would ease worries that its effort is weapons related.

Though Iran was to respond by Friday, the International Atomic Energy Agency said Iran told it that while it was considering the plan in a favorable light it needed until the middle of next week to make a decision.

At a news briefing, State Department Spokesman Ian Kelly said the United States would obviously have liked to see an Iranian reply but is willing to give Tehran a few more days. "We're looking for concrete steps. And we take it as a positive sign that they'! ve agree d in principle to take a couple of significant steps - the opening of the Qom facility, and then working out a procedure for having their low-enriched uranium re-processed in another country. At the same time, our patience is not limitless. I think we can stretch things out a few days, and that's really what we're talking about. But we're not going to wait forever," he said.

Kelly said preparations have been made for a visit Sunday by IAEA inspectors to the partially-underground enrichment facility near the city of Qom that Iran recently acknowledged it has been secretly building.

Kelly said the results of the inspection of the Qom plant, and Tehran's final decision on the uranium export plan, will figure heavily in big-power discussions on whether to seek further punitive action against Iran over its nuclear program.

Senior diplomats of the five permanent U.N. Security Council member countries and Germany - the P-Five-plus-One - are to meet at the end of this month in Geneva with Iran's nuclear negotiator to review Tehran's overall response to their offer of incentives for it to curb enrichment and return to negotiations.

Officials have said the plan for Iran to export uranium for processing abroad under safeguards for its medical reactor could be a model for a broader deal to resolve concerns that its nominally-peaceful program is weapons-related.

The other parties to the medical reactor plan, Russia, France and the United States, told the International Atomic Energy Agency Friday they had accepted the proposal.

French Foreign Minister Bernard Kouchner said the signals about the Iranian position on the deal are not so positive and that could negatively affect the upcoming P5+1 meeting in Geneva.

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