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Equity-Indexed Annuities

  October 21, 2014     By The Evans Law Firm, Inc.
Equity-Indexed annuities are a type of deferred annuity that bases its returns on a stock market index. However, insurance companies have the option of using one of three calculation methods to determine the returns, and each has its own pros and cons.

Collecting from an Out of Business Company or Employer

  October 20, 2014     By Evanns Collection Law Firm
Collecting on a judgment even in ideal circumstances can often be a time-consuming and complex process, and that presumes the debtor is solvent, and doing business and/or making money. When the judgment enforcement against a debtor who is a company or legal entity, which appears to be (or is) out of business, the process can be considerably more troublesome and taxing.

Whistleblower Failure-of-Care Claim Settled for $38 Million

  October 20, 2014     By The Evans Law Firm, Inc.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.

Things to Know before Purchasing Deferred Variable Annuities

  October 17, 2014     By The Evans Law Firm, Inc.
Seniors and elders, are you aware that deferred variable annuities may not be beneficial? If not, read on to learn about the risks of buying annuities.

Protecting Yourself from Recalls When Used Car Shopping in California

  October 16, 2014     By Martinez & Schill LLP
Consumers must be aware when shopping for vehicles that there are numerous vehicles that have had parts recalled that may not have received repairs. Car manufacturers like General Motors have issued recalls that affect nearly 25 million vehicles. Consumers must get informed about recalls when car shopping in order to avoid injury from car accidents related to defective parts.

Concerns Buyers Should Know About Indexed Universal Life Policies

  October 16, 2014     By The Evans Law Firm, Inc.
Indexed Universal Life insurance policies are a rather popular type of life insurance. However, there are several concerns associated with Indexed Universal Life policies that one should be familiar with.

When Is A DUI Considered a Second DUI in California

  October 15, 2014     By Kraut Law Group - DUI Defense
How much time must pass between DUI convictions before a new charge is no longer considered a "second DUI"? Many people who have old DUI convictions on their record may not realize that the old conviction can be used to enhance the penalties on any subsequent conviction for driving under the influence. However, there is a limit to how long a prior DUI conviction can affect the mandatory sentencing requirements on a new DUI charge.

Seniors: What You Should Know About Annuities

  October 15, 2014     By The Evans Law Firm, Inc.
Annuities sound like a good idea for elders and senior citizens. However, the opposite may be true. Annuities are not right for everyone and seniors and elders should learn why before purchasing an annuity.

Reverse Mortgages Should be the Last Resort for Senior Citizens

  October 14, 2014     By The Evans Law Firm, Inc.
Reverse mortgages may not be as beneficial to seniors as one may think. Learn more about the associated risks before taking out a reverse mortgage.

Reasons For Being A Whistleblower

  October 13, 2014     By The Evans Law Firm, Inc.
Whistleblowers don't normally report fraud for financial gain - they report it because they've been wrongfully retaliated against.

When Work Injuries are Disqualified for California Workers' Compensation

  October 10, 2014     By Napolin Law Firm
The State of California enacted a workers' compensation system to provide benefits on a no-fault basis for those who sustain injury arising our of and in the course of employment. However, there are circumstances where workers' compensation is not available.

Illegal Evictions of Elderly Nursing Home Residents

  October 10, 2014     By The Evans Law Firm, Inc.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.

Increased Amount of Securities Exchange Commission Whistleblower Cases

  October 9, 2014     By The Evans Law Firm, Inc.
The Securities Exchange Commission has investigated over 686 whistleblower cases in this year alone - the highest amount since 2011.

Psychiatric Injuries Under California Workers' Compensation Law

  October 8, 2014     By Napolin Law Firm
The California Legislature enacted specific provisions of the Labor Code to create a higher threshold of compensability for psychiatric injury under workers' compensation law.

Whistleblowers Don’t Just Expose Fraud – They Can Save Lives

  October 8, 2014     By The Evans Law Firm, Inc.
When whistleblowers report fraud within hospitals and pharmaceutical companies, they may also unknowingly stop risky medical practices.

Nursing Home Elder Abuse Is Due To Understaffing

  October 3, 2014     By The Evans Law Firm, Inc.
Studies show that understaffing is directly linked to elder abuse in nursing homes.

More than $30 Million Awarded to an Overseas Whistleblower

  October 2, 2014     By The Evans Law Firm, Inc.
A record amount of $30 million was awarded to an overseas whistleblower for providing key information to detect an ongoing fraud.

Seven False Claims Act Lawsuits Settled for $98 Million

  October 1, 2014     By The Evans Law Firm, Inc.
Seven whistleblower suits against Community Health Systems and associated entities was settled in August for $98 million.

Triggering Your Rights Under the California Family Rights Act

  October 1, 2014     By Law Offices of Jual F. Reyes
The California Family Rights Act was created to protect employees going on leave as a result of the following circumstances: childbirth; placement of a child in the employee's family for adoption; for the serious health condition of the employee's child, parent or spouse; and for the employee's serious health condition.

Male Nurses Accused of Committing Elder Abuse Faces Trial and Potentially Six Years in Prison

  September 30, 2014     By The Evans Law Firm, Inc.
Two male nurses accused of committing elder abuse faces up to six years in prison if convicted at trial.

Medicare Conditional Payments Claimants Can Now File Private Cause of Action Lawsuits

  September 29, 2014     By The Evans Law Firm, Inc.
Primary plan employers or carriers have to pay damages to both Medicare and individual lawsuits for failure to pay conditional payments.

Do DUI Checkpoints Violate the Fourth Amendment?

  September 29, 2014     By Kraut Law Group - DUI Defense
For many people who are stopped and arrested for driving under the influence after going through a DUI checkpoint, a very common question is whether or not these checkpoints comply with the Fourth Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. The U.S. Supreme Court has previously held that an officer must have probable cause that the driver is engaged in some sort of illegal activity before he or she can legally pull that vehicle over.

USCIS Policy Memorandum on Child Status Protection Act (CSPA) Creates an Exception for Late Filing

  September 26, 2014     By Law Office Of Mario Zapata
USCIS policy memorandum was published, and it broadened the definition for how a CSPA beneficiary could have “sought to acquire” immigration status. This could benefit certain adult children who were at one time available for protection under CSPA, but may have not timely filed for the benefit and outright disqualified from benefiting from the Act.

Medically Underwritten Annuities

  September 25, 2014     By The Evans Law Firm, Inc.
For senior citizens living with a chronic condition yet expect to live a long life, medically underwritten annuities may be the right annuity.

Potential Bigger Rewards For Wall Street Whistleblowers

  September 24, 2014     By The Evans Law Firm, Inc.
Attorney General Holder proposes an increased cap for awards to Wall Street whistleblowers.

Whistleblowers Help Regulators Zero in on Potentially Illegal Trading Practice

  September 22, 2014     By Keller Grover LLP - Whistleblower
Sharing inside knowledge, trader sounds the alarm on behavior that could put ‘everyday investors’ at an unfair disadvantage

New IRS Whistleblower Regulations Provide Increased Eligibility and Awards for Whistleblowers

  September 22, 2014     By The Evans Law Firm, Inc.
Amendments to the IRS whistleblower program as of August 12, 2014.

New California Employment Laws You Need To Know

  September 21, 2014     By Keller Grover LLP - Employment Law
On July 1, 2014, several new labor laws took effect that make significant changes in important categories such as minimum wage, paid family leave and background checks in the state of California that you need to know about.

Support The Passing Of Bills Dedicated to Protecting Elders From Elder Abuse In Nursing Homes

  September 18, 2014     By The Evans Law Firm, Inc.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.

Financial Elder Abuse Reported to Cost $2.9 Billion Each Year – And Increasing

  September 17, 2014     By The Evans Law Firm, Inc.
According to a recent MetLife study, financial elder abuse is reported to cost $2.9 billion each year – and it's increasing.

Extended Filing Window For Whistleblowers To Report Misconduct

  September 16, 2014     By The Evans Law Firm, Inc.
Whistleblowers now have up to five years to report fraud, abuse or waste.

Who Takes the Liability in a California Ride-Sharing Car Accident?

  September 15, 2014     By Martinez & Schill LLP
Ridesharing services have made major strides in transportation, but they also bring with them legal complications. It will be important for laws to adapt to the changes that companies like Uber and Lyft are bringing about and how this will reflect on car accidents when they occur.

Wrongfully Terminated UC Davis Whistleblower Awarded $730,000

  September 11, 2014     By The Evans Law Firm, Inc.
Whistleblower Janet Keyzer awarded $730,000 after being wrongfully terminated for reporting unethical research methods used at UC Davis.

The Creditor’s Levy in CA - The Most Basic Judgment Collection Tool

  September 10, 2014     By Evanns Collection Law Firm
A levy is performed by a “levying officer”-- for a Los Angeles collection attorney, this is either the LA Sheriff, or a private process server working with the sheriff under specific legal levy instructions. A levy is best summarized as the process by which a levying officer goes out, and takes assets of the debtor involuntarily. This happens whether the debtor wants it to happen or not. The assets are either sold at auction or simply collected and paid to the creditor.

Nursing Homes Caught Willfully Committing Elder Abuse All Over Los Angeles

  September 10, 2014     By The Evans Law Firm, Inc.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation

Corporate Structure – Levels of Legal Control Over a Group Medical Practice

  September 5, 2014     By Matt Dickstein, Business Attorney
When the partners in a group medical practice argue, usually it comes from one of these problem areas: control, compensation, exit. This article discusses control.

Outline of a Compensation / Expense Structure in a Group Medical Practice

  September 5, 2014     By Matt Dickstein, Business Attorney
The compensation structure is the most interesting thing in a group medical practice (at least for me). In this article I offer a few compensation structures for your consideration. Read on, friend, if eat-what-you-kill sounds like your cup of tea.

How to Avoid Successor Liability When Buying a Business

  September 5, 2014     By Matt Dickstein, Business Attorney
It’s a nasty surprise to discover, after you’ve paid the purchase price for the business, that you must pay the seller’s debts and liabilities from before the closing.

Avoid Successor Liability when Buying a Medical Practice, including Provider Numbers and Taxes

  September 5, 2014     By Matt Dickstein, Business Attorney
How to avoid successor liability when buying a medical practice, specifically as regards provider numbers and taxes. It’s a nasty surprise to discover, after you’ve paid the purchase price for the practice, that you must pay the seller’s debts and liabilities from before the closing.

The US Department of Justice Joins Whistleblower Lawsuits Against UnitedHealth Group Inc.

  September 4, 2014     By The Evans Law Firm, Inc.
Whistleblowers brought two False Claims Act lawsuits for Medicare fraud against UnitedHealth Group, Inc. the first in 2011 and the second in 2014. The U.S. Department of Justice joins these whistleblower lawsuits against UnitedHealth Group, Inc. for Medicare fraud.

Determining What Constitutes Age Discrimination In The Workplace

  September 4, 2014     By Law Offices of Jual F. Reyes
Age discrimination is an employment issue that is commonplace in Los Angeles, California. It involves subjecting an employee who is 40 years of age or older to discriminatory actions in any aspect of his or her employment, from hiring to termination. But like any other form of discrimination in the workplace, it is considered illegal under prevailing federal and state laws.

New California Law Seeks to Protect Youth Football Players from Brain Injuries

  August 29, 2014     By Martinez & Schill LLP
Youth football players are at risk for brain injury due to their sport, and a new law in California, AB 2127, seeks to reduce injuries to the brain, such as concussions, among young football players. California joins many other states in combating the growing concern that young football players are sustaining head injuries playing middle school and high school contact sports.

Proposed Legislation for Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014

  August 29, 2014     By The Evans Law Firm, Inc.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.

Studies Show Aging Causes Mental Impairment, Incompetency, and Lack of Capacity to Make Good Decisions

  August 28, 2014     By The Evans Law Firm, Inc.
Studies show that aging has a negative effect on decision making abilities in elders. Elders should be aware of an increased risk of falling victim to fraud due to increasing inability to make good decisions.

Implementation of Parole-in-Place Benefits Parents, Spouses, & Children of Military Members

  August 28, 2014     By Law Office Of Mario Zapata
Any immediate family of active or veteran military member (or reservist) could benefit from Parole-in-Place and become eligible to acquire a green card.

A California Tenant’s Guide to Seeking Compensation Against Landlords After a Slip and Fall Injury

  August 26, 2014     By Law Offices of Jual F. Reyes
Living as a tenant in a apartment or house in California requires payment of monthly rent to your landlord. Clearly, it is your obligation to pay rent in exchange for living at a property that is owned by another.

Handling Wrongful Termination and Other Employee Claims: A California Employer’s Guide

  August 14, 2014     By Law Offices of Jual F. Reyes
It is common knowledge that lawsuits brought by current or former employees are generally bad for an employer’s business. Employee lawsuits not only disrupt the daily operations within the company or organization, but they also are extremely costly to defend.

Steps That Must Be Taken Immediately After Being Involved in a Car Accident

  August 13, 2014     By Law Offices of Jual F. Reyes
No matter how careful while driving, there is always the possibility of becoming involved in a car accident. For most first-timers, an accident can be cause for fright and panic. Initially, drivers involved in accidents suffer shock as a result of the impact and then are forced to deal with physical injuries, property damage, and possible medical bills. The hassle of dealing with insurance companies and the other negligent driver can be confusing and time consuming.

An Employee’s Guide to Retaliation in the Workplace

  August 12, 2014     By Law Offices of Jual F. Reyes
Retaliation takes place when an adverse action is taken against an employee for filing a complaint of discrimination or assisting another employee in his or her complaint of workplace discrimination.

California - Landlord Failure To Repair Allows Tenants To Pay For Repairs And Deduct From Rent

  August 6, 2014     By Law Offices of Jual F. Reyes
A landlord is a person or entity that owns a rental unit. A tenant is an individual that rents or leases the unit on a month-to-month or fixed term basis. Before renting a unit, the unit must be fit to live in or be in a habitable condition. The legal term, “habitable,” means that the rental unit is fit for occupation and that it complies with state and local laws that materially affect tenants’ health and safety.



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