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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.

Dust Up Between Surfers and Kholsa Could Spell the End of Private Beach Access in California

  August 4, 2014     By Kassouni Law
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.

Knowing the Basic Elements of a Slip and Fall Claim

  August 4, 2014     By Law Offices of Jual F. Reyes
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.

Child Pornography Arrests Increase in California

  July 31, 2014     By Summit Defense Attorneys
Child pornography offenses are one of the fastest growing crimes in California, with a 150% increase in detection and arrests each year. As more and more people are caught in police stings as a result of Task Force operations, it is increasingly apparent that people accused of this crime come from all walks of life.

What Are the Recoverable Damages for California Employees Who were Wrongfully Terminated?

  July 30, 2014     By Law Offices of Jual F. Reyes
In California, the general rule is that employment is “at will” and therefore employers may terminate employees at any time and even for no reason. However, many employers fail to realize that an employee cannot be terminated for illegal reasons pursuant to applicable federal and state employment laws. In particular, California employers are prohibited from discharging employees because of their inclusion in a protected class.

Massage Parlor Prostitution is Being Charged as a Serious Crime in California

  July 25, 2014     By Summit Defense Attorneys
The San Francisco Bay Area has seen a recent change in way prostitution is being prosecuted. Traditionally, prostitution and solicitation of prostitution were charged as low level misdemeanors. However, defendants are now being charged with serious felonies. It is important to understand who can be charged with these crimes and why the authorities are changing their policies.

The Status of Independent Contractor vs. Employment Relationship

  July 24, 2014     By Palmer Kazanjian
The issue of whether a worker is an independent contractor or an employee is currently on the minds of many business owners. In fact, the California legislature has recently established a strong disincentive for wrongly classifying individual workers as independent contractors.

Ten Things You Can Do to Increase Your Recovery After a Motorcycle Accident

  July 23, 2014     By Russ Brown Motorcycle Attorneys
If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.

Sellers' Rules of Disclosure in CA Real Estate Sales

  July 22, 2014     By Harvey I. Stern, Attorney At Law
This guide is a summary of the pertinent information that California homeowners and their agents are required by law to disclose to buyers.

Know the Laws that Prohibit Employment Discrimination on the Basis of Sex

  July 21, 2014     By Law Offices of Jual F. Reyes
Sex discrimination is one of the most prevalent issues in the realm of employment. It involves preferential treatment favoring the male or female sex. The most common example of such discrimination is an employer’s preference of male employees over their female counterparts in various aspects of employment.

Teenage Driving: Shocking Statistics and Reasons Why They Are True

  July 17, 2014     By Law Offices of Jual F. Reyes
Teenagers today in the United States are driving much less than their predecessors from three to four decades ago. However, there continues to be a disproportionately high risk of death and serious injury in accidents among teen drivers.

Homeowners & Contractors: Read This First!

  July 15, 2014     By Harvey I. Stern, Attorney At Law
Homeowners and contractors need to read this guide before beginning a home improvement project.

Reverse Mortgages and HECMs—What You Need To Know

  July 15, 2014     By Harvey I. Stern, Attorney At Law
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.

How to Write A Construction Contract: Keeping Control Of The Costs With Construction Change Orders

  July 15, 2014     By Harvey I. Stern, Attorney At Law
It is imperative that construction contracts provide a clear and concise directive in dealing with the fluid course every project takes. Doing so will greatly aid in avoiding the confusion and mistakes that often lead to costly and laborious legal action between disgruntled parties.

FEHA Regulations Covered Employers Must Comply Within California

  July 14, 2014     By Law Offices of Jual F. Reyes
The state of California is one of the most liberal states in the country with respect to protecting employee rights in the workplace. In this regard, the failure to comply with state laws puts employers at risk of being sued in civil court and/or being the subject of investigations based upon employee administrative complaints submitted to state and/or local government agencies.

Disability Discrimination in California: FAQs Finally Answered

  July 11, 2014     By Law Offices of Jual F. Reyes
Pursuant to the Fair Employment and Housing Act (FEHA), California employees with disabilities are protected from workplace discrimination, harassment, and retaliation. However, while the FEHA protects disabled employees all over the state of California, not all employees are aware of its coverage.

Nailing Down Independent Contractor Status

  July 11, 2014     By Berger Kahn, A Law Corporation
Although percentage-based pay may create desirable incentives from an employer’s standpoint (and eliminate the need to pay employees for down time), this strategy can result in significant potential liability, including possible exposure to class action lawsuits. This may even be turning into a nationwide trend (with salon workers pursuing similar wage and hour claims in New Jersey and New York).

Taking Your Motorcycle Accident Case to Small Claims Court

  July 11, 2014     By Russ Brown Motorcycle Attorneys
Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.

Employer Actions That Violate California’s Overtime Law

  July 9, 2014     By Law Offices of Jual F. Reyes
California’s overtime law provides that every non-exempt worker is entitled to receive one and one-half times the regular rate of pay for every hour they work over 8 hours per day and/or 40-hours per workweek. If employers perform work over 12 hours during a single workday, they are entitled to twice the regular rate of pay.

The Supreme Court’s Decision in Susan B Anthony List v Driehaus -a Victory for Civil Rights Plaintiffs

  July 1, 2014     By Kassouni Law
Say that you need a permit to pursue your chosen occupation, but you believe that the costly administrative procedure to acquire said permit is unconstitutional. You have been ticketed for operating without a permit, and have every reason to believe that you will be ticketed again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law to be unconstitutional, or do you first have to be arrested or submit to the costly permit procedure before you can sue?



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