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The Federal Sentencing Battle

  April 30, 2015     By The Law Office of Russell S. Babcock
The overhaul of federal sentencing law with the enactment of the United States Sentencing Guidelines, (U.S.S.G.) , had a noble but flawed goal The basic idea was that sentencing uniformity and therefore fairness could be achieved by reducing the myriad acts of criminal behavior and offender characteristics to a number.

Hit and Run Accidents - Why and How to Protect Yourself

  April 17, 2015     By Lem Garcia Law
Almost half of all car accidents in Los Angeles involve a hit and run driver. Don't be a victim and shoulder the damages on your own. Learn how to protect yourself.

Setting up Your Wills and Trusts with an Estate Attorney

  April 16, 2015     By Hanecak, P.C.
If you or someone you love is planning their estate, it can be a difficult and complicated process trying to wade through all the legal rules and regulations that pertain to writing your will and related documents. Setting up wills and trusts can be especially difficult because the task is often mixed in with a variety of issues such as ill health, complicated family histories, and other emotional dilemmas, which are commonly faced toward the end of a lifetime.

A Car Accident Lawyer is a Specialized Personal Injury Lawyer

  April 14, 2015     By King Aminpour Law Firm
A personal injury lawyer is someone who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.

Is a Medical Malpractice Attorney the Same as a Wrongful Death Attorney?

  April 14, 2015     By King Aminpour Law Firm
If you or someone you know has recently lost a loved one due an incident of ‘Medical Malpractice’ – you may be wondering what your legal options are, and what type of attorney to consult with in order to get the legal advice you need. There are two types of attorneys you might want to consider and should contact in order to get the necessary legal advice to decide your best course of action.

Update: “Regulation A+” Approved by SEC

  April 9, 2015     By Geraci Law Firm
The Securities and Exchange Commission (the “SEC”) has recently approved an amendment to Regulation A (“Reg A”). Previously, Reg A was a small scale public offering of “unregistered securities” capped at $1.5 million in twelve months. Today, Reg A has been modernized into “Reg A+”. The SEC created two tiers within Reg A+: Tier One and Tier Two.

What is a Medical Malpractice Lawyer?

  April 9, 2015     By King Aminpour Law Firm
If you or someone you know works in the medical field, you may have heard the term ‘Medical Malpractice’ – and you may be wondering “what is a Medical Malpractice Lawyer?”

What you and your Personal Injury Lawyer Need to Know when Filing a Lawsuit

  April 9, 2015     By King Aminpour Law Firm
You need to take immediate action by hiring a personal injury lawyer if you have been involved in an accident or suffered an injury. Keep notes about the incident and your injuries Preserve and protect any evidence you may have and take pictures as well. Get a copy of the police report and use it. Most importantly, meet with an experienced personal injury lawyer.

When Is it Time to Call a Personal Injury Attorney and How Can an Accident Attorney Help You?

  April 8, 2015     By King Aminpour Law Firm
You don’t always know when to get an accident attorney. After all, if someone else's negligence has injured you or caused you harm, even if it was an accident, you are still the one left to pick up the pieces. Accident or not, if someone else is liable then they should have to be held responsible for what you are missing out on.

If You Have Been in a Car Accident, You Need a Car Accident Lawyer

  April 8, 2015     By King Aminpour Law Firm
What goes through your mind when you think of a car accident? If you are like most people it’s probably not which car accident lawyer should I use, but this question can be the difference between receiving the compensation you so rightfully deserve or suffering loss and losing your quality of life.

A Run through of the Logistics of Becoming an Auto Accident Lawyer

  April 8, 2015     By King Aminpour Law Firm
Have you ever asked yourself what it takes to become an auto accident lawyer? You don’t just wake up one morning and think to yourself I’m going to be a lawyer and I’m going to specialize in auto accidents because that would be awesome! I suppose for some that may be true, but in the end I think there might be more to this whole lawyer thing.

To Hire an Accident Attorney or Not to Hire an Accident Attorney

  April 8, 2015     By King Aminpour Law Firm
An auto accident attorney knows all the ins and outs of filing a personal injury claim. You should not have to deal with the stresses of legal paperwork while you work to piece your life back together after a serious auto accident. Although the benefits of hiring an accident attorney go far beyond the reaches of legal paper work.

Mitigation of Damages in Employment Case in California

  April 7, 2015     By The Rubin Law Corporation
As a general rule, civil law strives to make an injured party whole, no more and no less. Courts will reduce an award of damages where they determine that the plaintiff failed to take basic steps after the injury to minimize the harm suffered. This responsibility borne by the plaintiff is commonly known as the duty to mitigate damages, and it is a fundamental issue in any claim for wrongful termination.

What Can a Car Accident Lawyer do for You

  April 7, 2015     By King Aminpour Law Firm
A car accident can be a traumatic event whether or not you have suffered injuries. It can be emotionally distressful, you now may be scared to drive. Especially if you have suffered injuries due to a car accident it is in your best interest to contact a car accident lawyer near you.

How to Handle a Brain Injury Claim

  April 6, 2015     By King Aminpour Law Firm
If you have suffered a traumatic head injury it can be difficult for you to file a claim and receive the compensation that you truly deserve, because the injury may not be visible. A car accident lawyer can help you get the compensation you deserve after suffering any type of trauma you incurred after you have been involved in an auto accident.

How California Lawyers Will Assess Autonomous Self-Driving Vehicle Accident Liability

  March 30, 2015     By The Law Offices of R. Sebastian Gibson
Now may be the most dangerous time in the short history of self-driving autonomous vehicles when automakers are testing their autonomous self-driving vehicles on the roads and highways in California, across the country and internationally to work the bugs out of their systems. But how will California autonomous self-driving vehicle accident lawyers assess and prove liability in accidents involving these cars once more of them are on the road? This article begins to examine just that.

Cottage Food Operations under the California Homemade Food Act

  March 23, 2015     By The Law Offices of R. Sebastian Gibson
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They can’t smoke or keep pets in their kitchens, certain hazardous foods are prohibited, and there is also a revenue limit.

Three Giant Steps Forward for Federal Criminal Law

  March 17, 2015     By The Law Office of Russell S. Babcock
While the country has been focused on ISIS and issues with domestic espionage, the current administration under United States Attorney General Eric Holder has made three major changes in federal sentencing law.

Are there Dangerous Products Lurking in Your Home?

  March 16, 2015     By Martinez & Schill LLP
In an investigation of recalled products last November, ABC News found that a typical product recall only recovers five to 20 percent of affected products. With hundreds of products recalled every year, it is very likely that you have a dangerous or defective product somewhere in your home.

Management Agreements for Surgery Centers

  March 13, 2015     By Matt Dickstein, Business Attorney
The key provisions of a Management Agreement for an ambulatory surgery center. Most surgery centers have a manager. Sometimes the manager is an outside management service organization (MSO) that specializes in surgery centers, and sometimes the manager is an insider entity owned by the founder / physicians of the surgery center.

Franchising for Medical, Dental and Veterinary Businesses

  March 13, 2015     By Matt Dickstein, Business Attorney
Explaining the legal issues for health care franchises. Medical, dental, and veterinary franchises exist in the marketplace, witness Doctors Express, Comfort Dental, and Banfield Pet Hospital. Let’s see if they’re legal.

The Most Dangerous California Highways in Orange County for Personal Injury Car Accidents

  March 4, 2015     By The Law Offices of R. Sebastian Gibson
In 2012 alone, there were over twenty thousand accident victims killed or injured in Orange County. While freeways seem as if they’d be the most dangerous, only about a third of the fatalities and serious injuries occur on the interstates. The majority of victims killed in Orange County accidents lose their lives on surface streets. We list the most dangerous intersections and highways in Orange County where you’re most likely to have your first, next or last and final accident.

What is the Duty and Standard of Care for Landscape and Tree Care Contractors

  March 2, 2015     By Rappoport Development Consulting Services LLC
Landscape and tree contractors may not realize their potential liability for work performed for a client. A particular problem is ignoring field conditions. Perhaps the contractor is unaware of their duty of care to avoid acts or omissions that would be likely to harm others. This article examines the duty of care for landscape, maintenance and tree care contractors and how they can satisfy the industry standard of care for field issues and repairs.

Trademark Law and Copyright Law - Their Use by Celebrities

  February 28, 2015     By The Law Offices of R. Sebastian Gibson
Because of the value of even the simplest phrase, celebrities today are utilizing copyright and trademark law to protect their intellectual rights in instances rarely before noticed. It is Copyright and Trademark Law which requires their lawyers to send cease and desist letters to unsuspecting entrepreneurs. A balance needs to be restored so celebrities can proceed against large scale pirates even if they don’t aggressively seek to protect their intellectual property rights in every case.

The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation

Catastrophic events will not cause the same emotional response or injury to occur among all persons who experience the same or similar events. Forensic psychiatric examinations including psychological testing early in the process can help validate or disprove plaintiffs’ claims.

California Same-Sex Couples Gain Rights, Face Challenges

  February 26, 2015     By The Law Office of Heather Cullen, APC
California's gay and lesbian couples can now legally marry but they still face challenges when it comes to divorce and family-related disputes.

Divorce Can Derail A California Family Business

  February 26, 2015     By The Law Office of Heather Cullen, APC
How a dissolution matter can effect a functioning family business in California.

Cheerleading Uniforms and Copyright Separability

  February 24, 2015     By Antonio R. Sarabia II
The application of copyrights to clothing.

The Effects of Brain Injuries on Children

  February 19, 2015     By Martinez & Schill LLP
The effects of a brain injury can be far more devastating in a child than in an adult patient. This is because a child's brain is still developing until age 25. An injury sustained by a still-developing brain can stall or even completely stunt the brain's growth.

How to Bring a New Partner into a Group Medical Practice

  February 13, 2015     By Matt Dickstein, Business Attorney
When bringing a new partner into your group medical practice, first think whether the new partner will fit in with the culture. Culture includes things like required coverage hours, the handling of employees, and the division of money. As always, let’s talk about the money.

How to Negotiate a Managed Care Contract

  February 13, 2015     By Matt Dickstein, Business Attorney
Managed care contracts are not take-it-or-leave-it deals. A physician practice can and should negotiate its managed care contracts. Read this article to learn how to do it. I focus on three major topics: compensation, exit, and unilateral actions by the payor.

Operating Agreements for California Surgery Centers

  February 13, 2015     By Matt Dickstein, Business Attorney
In this article, I explain the basic negotiation points in an Operating Agreement for a California ambulatory surgery center (ASC). I focus mainly on control and on exit (buy-sell).

New Rules For Patent Royalty Arrangements May Be Coming

  February 12, 2015     By Fulcrum Inquiry
Royalty arrangements within patent licenses have long been constrained by an almost 50 year old Supreme Court decision in Brulotte v. Thys Co that prevents collection of royalties after a patent has expired. The Justices have now agreed to revisit the precedent set by that often-criticized ruling in a current case, Kimble v. Marvel Enterprises, Inc.

California Dog Bites – What You Need to Know to Keep Yourself, Your Family, and Your Dog Safe

  February 9, 2015     By Martinez & Schill LLP
Dogs play many roles in our society. They sniff out drugs and bombs, guide the blind, and protect our properties. Most dogs, though, have only one job: to be a loyal, loving companion. It can be easy to forget that dogs still share many physical characteristics with wolves, the apex predators from which they have descended, and have the capacity to seriously injure or even kill a human being.

Federal Sentencing: Follow the Yellow Brick Road.

  February 8, 2015     By The Law Office of Russell S. Babcock
When I think of a judge imposing a federal sentence, my mind often drifts to the Wizard Of Oz and that little masked man standing behind the curtain.

California Lawyers Weigh Lawsuits for Spread of the Measles Virus, Negligent Endangerment

  February 6, 2015     By The Law Offices of R. Sebastian Gibson
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.

Common California Family Law Questions Answered

  January 26, 2015     By Pinkham & Associates, APLC
Twelve common family law questions.

Less Talk, Less Liability

  January 20, 2015     By Matt Dickstein, Business Attorney
Don’t say it if you don’t have to, and never in writing.

Who Owns the Patient’s Medical Records in CA?

  January 20, 2015     By Matt Dickstein, Business Attorney
Who gets the patient medical records after a physician leaves a group medical practice? Here's a proposed structure that is fair and resolves the problem up-front for all sides.

Reduction in Federal Drug Penalties: “Just Say No”

  January 18, 2015     By The Law Office of Russell S. Babcock
Attorney General Eric Holder “gets it.” He understands that the federal prisons are full of non-violent drug offenders. During his administration, there has been the biggest overhaul of federal sentencing in drug cases in more than twenty years.

New Laws to Help Sexual Abuse Victims and Their Lawyers in California

  January 15, 2015     By The Law Offices of R. Sebastian Gibson
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.

What Police are Looking for in a DUI Driver

  January 14, 2015     By Kraut Law Group
Under the Fourth Amendment of the United States Constitution, police are not allowed to simply stop any car in order to investigate the driver for a DUI offense. Both the U.S. and California Supreme Courts have held that officers must have reasonable or probable cause that the driver is violating the law before pulling a vehicle over. A traffic stop based on a mere suspicion or idle curiosity is not valid, and an officer needs an objectively reasonable basis for stopping a vehicle.

Events, Nightlife, Attractions and Hospitality Law Palm Springs Style

  January 13, 2015     By The Law Offices of R. Sebastian Gibson
In the past lawyers for the hospitality and entertainment industry, for restaurants, hotels, festivals, events, and attractions in California handled matters such as food safety, contracts with entertainers, alcohol regulations, or injuries on hotel properties. Hospitality and entertainment lawyers in places like Palm Springs today must also seek to protect guest confidentiality and safety at live music pool parties, film and music festivals, major sporting events and more.

Satire and Parody, Publishing Law in California and England

  January 9, 2015     By The Law Offices of R. Sebastian Gibson
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.

Publicity Rights and The Right of Privacy, California Entertainment Law

  January 7, 2015     By The Law Offices of R. Sebastian Gibson
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.

How An Experienced Lawyer Can Protect A Comic Book Creator And Writer in California

  January 6, 2015     By The Law Offices of R. Sebastian Gibson
The client who creates a comic book character and goes on to develop a character that can be licensed to third-party publishers, to the film and television industry and to the interactive game industry, isn’t simply creating content. They’re creating intellectual property the ownership of which needs to be carefully protected so all the revenue streams from that content can be potentially licensed and controlled by the comic book creator and his or her company.

Understaffing and Undertraining in Nursing Homes: Results Can Be Deadly

  January 6, 2015     By The Evans Law Firm, Inc.
Recently, an 82-year-old woman died in a hospital after developing severe dehydration, malnutrition, bruising, and cuts, all of which could have been avoided, had the staff been more attentive and better trained.

Elder Abuse: Underreported and On the Rise

  January 5, 2015     By The Evans Law Firm, Inc.
Two million and counting elders suffer from elder abuse every year in the United States. However, with elder abuse on the rise, and the fact that elder abuse are often not reported, the actual number can exceed 2 million.

Pedestrian Fatalities and Injuries in the Coachella Valley Cause Concern

  January 3, 2015     By The Law Offices of R. Sebastian Gibson
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.

CA New Bike Law Not Yet Preventing Coachella Valley Bicycle Accidents and Injuries

  January 2, 2015     By The Law Offices of R. Sebastian Gibson
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.



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