Law Articles


Law Articles - Law Related Articles

Law articles written by attorneys discussing aspects related to industries, businesses and individuals.


Recent Law Articles

Estate Taxes - How to Plan Your Estate to Avoid Them

February 10, 2012     By Pyke & Associates, P.C.
Most people are accustomed to taking into account the tax ramifications of purchases expenses and investments as they apply to personal income taxes; however, estate taxes can potentially have an even bigger impact, yet are often forgotten.

Labor Law in Jordan

February 10, 2012     By Arida Law Firm
What are the employee rights in Jordanian Labor Law?

A Revocable Living Trust vs. a Last Will

There is more than one way to arrange for the transfer of assets to your loved ones after you pass away. Because a last Will is the most well understood estate planning document a lot of people simply assume that they will utilize this document to record their wishes.

Estate Tax Parameters in Flux

2012 is going to be an interesting year in the field of estate planning because there are significant changes looming. Due to provisions that were contained within the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 the estate tax exclusion is $5,120,000 this year and the maximum rate of the tax is 35%.

Your Family Home and Your Estate – 3 Transfer Methods at Death

February 10, 2012     By John R. Vermillion & Associates, LLC
1. Transferring to a Spouse: Married couples often own property as equal owners with a joint tenancy. Each owner in a joint tenancy may have the right of survivorship, which is the right to automatically inherit the ownership rights of his or her spouse upon that spouse's death.

Texas Intestacy Scenarios 4 Common Situations

February 9, 2012     By John R. Vermillion & Associates, LLC
If you die in Texas without leaving behind a valid last will and testament, all your property goes to owners that are pre-determined under Texas law. These laws, called intestate succession laws, give your property to those related to you. The only way to change these laws from applying to your estate is by creating a valid will and making your choices yourself.

All Attorneys Are Not Created Equal

February 9, 2012     By The Law Offices of James A. Miller
Picture this: you find out you need heart surgery, and you bypass the board certified heart specialist in favor of your family practitioner, just to save some money. It’s a ridiculous idea, isn’t it? And yet, when the issue is estate planning, people are quick to make a similar decision. All too often, clients entrust the future security and well-being of their families to lawyers who just aren’t equipped to do the type of detailed, careful planning that is necessary.

Estate Planning for a Special Needs Child

February 9, 2012     By The Law Offices of James A. Miller
Every parent should consider estate planning as important, but it is extremely important if you have a special needs child. When a parent has an estate plan, they are given a chance to decide who will raise their minor children, and how best to set money aside for those children so that they can be cared for if the parent is no longer there to provide for them.

How to Choose a Long-Term Care Insurance Policy

February 9, 2012     By The Law Offices of James A. Miller
With the rising cost of long-term care in our elderly years, it makes sense to look for a good long term care insurance policy early on. However there are so many different kinds of policies available that it can be very difficult to compare apples to apples. Here are some tips to make sure that you are choosing the correct company for your insurance needs.

Do You Need a Prenuptial Agreement?

February 9, 2012     By Law Office of Vivien I. Stark
More and more couples are choosing to create a prenuptial agreement before becoming married. If you are planning on getting married in the near future, is this a necessary step for you? What are the benefits of a prenup? A prenuptial agreement, or prenup, is a legal document which stipulates the rights of each spouse. This could be in regards to property and other assets or it could be in regards to children.

Issues of Child Custody

February 9, 2012     By Law Office of Sharon L. Tate
Divorce is a painful and complicated process, and when children are involved, it is that much more complex. The parents must come up with a workable and hopefully satisfactory parenting plan, which can be easier said than done. The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs.

Permanent Resident Status Based on Same-Sex Marriage under Brazilian Law

February 9, 2012     By DBF Advocacia Criminal
Quick guide to obtain permanent resident visa for those who have a Brazilian life partner (união estável). The foreigner who has an civil union to a Brazilian (same-sex union or not) can get a permanent visa in about 90 days, thanks to this law: Regulatory Resolution number 77/2008 from Labor and Employment Ministry (Resolução Normativa n. 77/2008 do Ministério do Trabalho e Emprego).

Misdemeanor vs. Felony Offenses

February 9, 2012     By Superior Law Center
After an arrest and criminal accusations have been made it will be very important for you to understand the totality of the charges that have been made in your name. Depending on the circumstances of your case, you could be accused of a misdemeanor or a felony offense, and understanding what each of these means could help you determine how to legally proceed with your case.

Introduction to Brazilian Naturalized Citizen Law

February 9, 2012     By DBF Advocacia Criminal
Quick guide to acquire Brazilian nationality. There are two basic ways to become a naturalized Brazilian citizen: ordinary and extraordinary.

Falling Bankruptcy Filings Sign of Weak Economy

February 9, 2012     By John Joseph Volin, P.C.
Mesa Bankruptcy Lawyer Joe Volin explains the strange relationship between the bankruptcy filing rate and a healthy economy. A low rate of bankruptcy filings is a sign of a stagnant economy--not a recovering one. The Arizona Republic recently reported that the number of bankruptcy filings has dropped. Some take that as a sign that the economy is improving. They are wrong.

Surrogacy

February 9, 2012     By Hudson McKenzie
Surrogacy is an arrangement whereby a woman carries and bears a child on behalf of the 'intended or commissioning parents'. Under English Law, the woman who carries and bears the child is the legal mother. If she is married at the time she becomes pregnant, English law will see her husband as the legal father, regardless of the genetic make-up of the child.

Avoiding Tax Scams

February 9, 2012     By The Law Offices of James A. Miller
Tax scams involve trying to cheat individuals out of their money. But it can also involve cheating the government, too. While some of these scams can be very persuasive, it is possible to stay out of their cross-hairs, if you know what to be on the lookout for.

Your Health Care Agent

February 9, 2012     By The Law Offices of James A. Miller
Creating a durable power of attorney for health care is an important part of the estate planning process. After all, you want to make sure that the right person is in charge of your medical care in the event that you become incapacitated. Not having a durable power of attorney for healthcare can cause a variety of different issues between family members who have to make important and difficult decisions on your behalf.

Long Term Care Insurance

February 9, 2012     By The Law Offices of James A. Miller
Planning for your care in your older years is critically important. The unfortunate fact is that so many seniors find themselves in a very bad situation in their later years because they did not create a plan that would protect their interests later in life.

Incentive Trusts

February 9, 2012     By The Law Offices of James A. Miller
It can be a real dilemma: on the one hand, you want to pass on the wealth you’ve worked hard to earn but on the other hand, you don’t want a large inheritance to dull your children’s work ethic, or leave them with a sense of entitlement. One possible solution to this dilemma is the incentive trust.

Attracting the “Best of Breed” for Malta’s Financial Services Industry

February 9, 2012     By Zammit & Associates
An outline of the Highly Qualified Persons Rules, 2011 - Managing Growth - Malta has attracted much media attention as an up-and-coming onshore financial centre, particularly since the 2008 economic slowdown.

Why a 401(k) Loan May Not be the Best Idea

February 9, 2012     By The Law Offices of James A. Miller
Times are tough, and credit is still in limited supply. A sign of this is a recent statistic quoted by the Wall Street Journal: 30% of 401(k) savers have an outstanding loan against their retirement plan.

Not Having a Healthcare Power of Attorney May Leave You Unprepared

February 9, 2012     By The Law Offices of James A. Miller
Part of creating your estate plan should include executing a healthcare power of attorney document. This tool allows you to have some control over your medical care, if you’re ever incapacitated. The health care power of attorney is important if you want to make sure that you’re receiving the best care possible and that someone is making good decisions on your behalf. Take a look at some of the information below, to better understand the use of the document.

Why Would Someone Renounce a Will?

February 9, 2012     By The Law Offices of James A. Miller
Renouncing a will means giving up your inheritance as provided in the will of a deceased. But why would anyone want to give up their inheritance? Renunciation may be a tactic used by a spouse who would choose to take a share of an estate as specifically provided by state law, rather than a smaller portion of the estate that may be provided for in the will.

Dividing Your Personal Property

February 9, 2012     By The Law Offices of James A. Miller
Unlike cash or real estate that can be divided neatly into shares, tangible personal property, including jewelry, furniture and family heirlooms, can pose a challenge when creating a Will.

Chinese Antitrust Law

February 9, 2012     By MMLC Group - MMLC Murphy Wang
This article looks at the makeup of the Chinese antitrust authority, its development and its case history. Establishment of Anti-Monopoly Bureau: The Chinese Anti-Monopoly Bureau was formally established within the Ministry of Commerce (‘MOFCOM’) in September 2008 under Notice on the Establishment of the Anti-Monopoly Bureau. It replaced the previous Antitrust Investigation Office under the Law and Treaty Bureau of MOFCOM.

Asset Planning Can Help Avoid Probate

February 9, 2012     By The Law Offices of James A. Miller
Avoiding probate requires thoughtful planning. Creating a Living Trust through an experienced Estate Planning attorney is an important tool in ensuring your assets are distributed in accordance with your wishes and without much of the hassle associated with probate. But there are a number of other tools available to help keep your assets away from the probate court.

Updating Your Grafton Will -- There May Be More Reasons to Do So Than You Realize

February 9, 2012     By The Law Offices of James A. Miller
Your Last Will and Testament is the a starting point for your entire Grafton estate plan. For this reason, your Will should be well thought out and updated on a regular basis. While there are some precipitating events that commonly prompt most people to make a change in their Will, there are some other reasons that may also warrant an update that are frequently overlooked.

Hollywood Highlights the Need for Estate Planning

February 9, 2012     By The Law Offices of James A. Miller
Hollywood is never short on sensational accounts of legal disputes over money. Often, these disputes are over million dollar deals for recording contracts or movie scripts of publishing rights topics that have little relevance to the average American’s life. Sometimes, though, Hollywood money disputes can be relevant and actually teach us something.

How to Create an Irrevocable Life Insurance Trust

February 9, 2012     By The Law Offices of James A. Miller
Estate planning can be complicated, even for a relatively small estate. If you are fortunate enough to have a sizable estate, estate planning becomes even more complicated, yet takes on a heightened importance as well. Along with deciding who will receive your assets upon death, you must take into consideration things such as avoidance of estate taxes and limiting the assets that will be part of the probate process.

Environmental Inspections

February 9, 2012     By Grata Law Firm
Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011).

Legislation of the Republic of Kazakhstan on Use of Renewable Energy Sources

February 9, 2012     By Grata Law Firm
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recently enacted Law of the Republic of Kazakhstan 'On Supporting the Use of Renewable Energy Sources' aimed at the creation of legal framework for the use of renewable energy sources in Kazakhstan.

Law of the Republic of Kazakhstan "On State Property"

February 9, 2012     By Grata Law Firm
On 1 March 2011, the President of the Republic of Kazakhstan has signed a new Law ‘On State Property’ No. 413-IV (hereinafter – the ‘Law’) with effective date 10 March 2011. The Law defines the principles for regulating relations in the area of state property management.

Flaring, Disposition and Processing of Associated Gas in the Course of Oil Operations: Legal Provisions

February 9, 2012     By Grata Law Firm
Law of the Republic of Kazakhstan 'On Subsoil and Subsoil Use': a head for the processing of associated and natural gas. One of the most serious environmental and economic problems connected with oil operations in Kazakhstan is the refusal to flare associated and natural gas in fields and the transition to its processing. Even in the recent past, gas flaring has been a part of the process of oil companies in Kazakhstan and occurred in almost all fields.

Procedure of the Review of Trademark Refusal - Trademark Refusal in China

February 9, 2012     By Borsam IP Law Firm
What is the procedure for the review of trademark refusal? With respect to the trademark review of refusal, it means that trademark application (including application for trademark registration, opposition, assignment, renewal, cancellation and etc.) has been refused by the Trademark Office, where the applicant is dissatisfied with the decision of Trademark Office, he or it may file a request of review to the Trademark Review and Adjudication Board within the legal time limit.

Kazakhstan Introduces Legislation on Climate Change

February 9, 2012     By Grata Law Firm
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to prospective changes in Kazakh legislation in connection with the new draft Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Relating to Environmental Issues”, aimed at engagement of Kazakh companies to implementation of the Kyoto Protocol mechanisms.

Kazakhstan – Key Industry Regulations

February 9, 2012     By Grata Law Firm
GRATA Law Firm has provided sophisticated legal services to leading enterprises in Kazakhstan and Central Asia since 1992. In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the below description of key regulations relation to the most significant areas of Kazakhstani industry – subsoil use, power and construction.

Procedure of Filing Trademark Opposition

February 9, 2012     By Borsam IP Law Firm
Trademark opposition, how to file a trademark opposition? What is the procedure for trademark Opposition?

Kazakhstan has Adopted a New Law 'On State Property'

February 9, 2012     By Grata Law Firm
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recent changes in Kazakh legislation in connection with the adoption of the new Law 'On State Property'.

Patent Licensing in China

February 9, 2012     By Borsam IP Law Firm
Patent license in China, how to license a patent in China. What is Patent Licensing? Patent licensing is a transfer of the right of use, the IPR owner allow the licensee to use his/her patent within the stipulated area by conduct an agreement in accordance with the provision of Patent Law.

Developments in Financial Legislation in Kazakhstan

February 9, 2012     By Grata Law Firm
Following the financial crisis, the Government of Kazakhstan together with AFN (a financial regulator, recently replaced in its role by the National Bank) has introduced amendments to legislation designed to address issues which arose during the crisis and to enhance financial legislation and the financial market of Kazakhstan. Two main laws have been developed (one of which has already come into effect, while the other is yet to be passed).

Due Diligence in M&A Transactions

February 9, 2012     By Grata Law Firm
1. Introduction - The 'Due Diligence' in English means ensuring the due good faith. Due Diligence is a comprehensive study of the operating, financial and legal activities of a company and the totality of relations within the company and its interaction with the environment where it operates. Such study can form an objective view on the company.

Termination of Contract by a Subsoil User

February 9, 2012     By Grata Law Firm
Reasons for termination of a contract by a subsoil user. In practice, though rather seldom, there are such cases when due to certain reasons a contractor (subsoil user) decides to terminate the subsoil use contract. Such a situation may arise, for instance, in the following cases:

Kazakhstan has Adopted a New Law on Special Economic Zones

February 9, 2012     By Grata Law Firm
1. General Provisions - On 21 July 2011, the Law of the Republic of Kazakhstan on Special Economic Zones (hereinafter - the 'Law') has been enacted.

Procedure of Copyright Recording

February 9, 2012     By Borsam IP Law Firm
How to record or register copyright in China, the way of copyright record in China, copyright registration. What can be applied for copyright record?

The Use of Renewable Energy Sources in Kazakhstan - Basic State Support Mechanisms

February 9, 2012     By Grata Law Firm
Energy sector of Kazakhstan is currently operating under difficult conditions when there is a gradual depletion of conventional energy sources (oil, gas, coal, production of which is an expensive business), on the one hand, and developing and growing of the world entered policy of the eco-friendly power production with the use of renewable energy sources, on the other hand.

Fitchburg Estate Planning Attorney Discusses Grantor Retained Annuity Trust

February 9, 2012     By The Law Offices of James A. Miller
If you have spent a lifetime building up your estate, then you likely don’t want to lose half of it to estate taxes upon your death. Unfortunately, without careful estate planning, that can happen. Although each estate is entitled to an exemption amount which is subject to change, any estate assets above the exemption amount will be subject to the typically high rate of estate taxes.

Proper Protocol to Take After a Car Accident

February 8, 2012     By The Miller Law Firm, P.A.
There are many terms for car accidents, from auto accidents to traffic collisions and beyond. However, the terminology for these incidents is hardly important when you consider what is at stake for the victims of these accidents. More important is what steps should be taken immediately preceding an incident of this nature. While there are many methods and strategies which can be employed in the wake of a car accident, there is no one method that has been proven to work above and beyond the rest.

Personal Injury: Sexual Harassment at Work

February 8, 2012     By Mulvey Professional Association
Sexual harassment is defined as any form of unwelcome sexual acts or comments. Not only can it cause victims emotional stress, but it is also against the law. According to the U.S. Equal Employment Opportunity Commission, it is unlawful to harass an employee or employer regarding their sex. It is also illegal to request sexual favors or make comments of a sexual nature.

Labor Law Violations Found by Contractor in Missouri

February 8, 2012     By Leeds Morelli & Brown, PC
The US Department of Labor promotes the welfare of wage earners by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits to name a few.

6 Tips to Lessen the Chance of Your Child Sustaining an Injury on a Trampoline

February 8, 2012     By Rosenfeld Law Offices, LLC
The other day I took my three-year-old son, Max, to a friend’s birthday party at the family’s home. Within minutes of our arrival, I watched Max and other children rush to a home trampoline in the basement. Unfortunately, as quickly as the kids convened at the trampoline-- crying soon began as several children collided while jumping around.

Despite the Recent Publicity, Children Continue to Remain Susceptible to Abuse from Clergy

February 8, 2012     By Rosenfeld Law Offices, LLC
Child abuse, especially sexual abuse, is a devastating event and can be difficult to discuss. This is especially true for clergy abuse because it involves the church and trusted priests. However, clergy abuse is a topic that needs to be discussed. The more light shed on the topic, the better people can understand the problem, take preventative measures, provide therapy to victims, and attempt to right wrongs.

US Food Workers Strike against Large Food Distributor for Unfair Labor Practices

February 8, 2012     By Leeds Morelli & Brown, PC
Many laws and government agencies seek to advocate for fair business practices and anti discrimination: The Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), the Equal Employment Opportunity Commission (EEOC) and Title VII of the Civil Rights Act.

In Aftermath of DePuy Hip Problems, FDA Takes a Closer Look at Metal Hips

February 8, 2012     By Rosenfeld Law Offices, LLC
As the problems associated with the DePuy hip implant devices begin to mount, particular attention is now focused on difficulties associated with metal-on-metal hip devices. Over the years, metal hip replacement and resurfacing devices accounted for more than 33% of the surgical hip implant market. However, recent medical studies have demonstrated that metal surgical hip devices may cause more trouble than initially believed.

Accountant Employed by HSBC Bank Sues for Wage and Hour Violations

February 8, 2012     By Leeds Morelli & Brown, PC
In times of economic uncertainty such as this, it is important to find and keep a job that will treat you fairly. Fair Labor Standards Act (FLSA) establishes standards for minimum wages, overtime pay, record-keeping, and child labor. An accountant who was working with HSBC initiated a class and collective lawsuit action for wage and hour violations.

Lead Paint in Homes and Toys Threatens the Long-Term Health of Children

February 8, 2012     By Rosenfeld Law Offices, LLC
A child explores the world by touching, tasting, and putting things into its mouth. However, sometimes these objects and materials contain dangerous and unseen contaminants such as lead. Lead is a naturally occurring, a very toxic heavy metal, that can cause dangerous health problems when there is too much of it in our bodies.

Nursing Home Abuse: The Deaths of 13 Children Linked to Poor Care at Chicago Nursing Home

February 8, 2012     By Rosenfeld Law Offices, LLC
The Chicago Tribune ran one of the more disturbing investigative stories I've seen in a long-time when it chronicled the poor care given to disabled children living at Alden Village North located on Chicago's north-side. The Tribune used public records and government documents to uncover the names and details of care provided to children living with physical and mental handicaps, including: cerebral palsy and Downs syndrome.

4.5 Million Children Bitten by Dogs Every Year. How Can We Reduce These Numbers?

February 8, 2012     By Rosenfeld Law Offices, LLC
In the United States, about 4.5 million people are bitten by dogs every year, most of whom are children. In Chicago alone, almost 2,000 people are bitten by dogs every year. Young children are the most common victim of dog bites, followed by the elderly. About half of all children will be bitten by a dog before they graduate high school. Children ages 5-9 are most at risk for dog bites.

Toddler Receives Burns in Daycare Due to Caregiver's Poor Judgment

February 8, 2012     By Rosenfeld Law Offices, LLC
A two-year old toddler is spending time in the burn unit of an Indiana hospital after the caregiver at his daycare center tried to apparently teach him a cruel lesson for poorly aiming while urinating. After an initial claim that the boy simply 'fell' into a tub of lukewarm water, the caregiver acknowledged that the boy received scald burns when she deliberately placed him in boiling hot water at her home-based daycare center.

Are Some Child-Amusements Taking 'Scary' Too Far?

February 8, 2012     By Rosenfeld Law Offices, LLC
In my house, it seems like we start celebrating Halloween in July! Costumes, parties, candy-- and yes a trip to a haunted house or two seem to fill our schedules in the weeks leading up to the big day. In the past few years, I noticed a trend towards bigger and more exciting haunted houses where there is more of everything-- monsters and blood--- but a noticeable lack of safety.

Kids' Fractures Require Special Attention to Avoid Complications Down the Road

February 8, 2012     By Rosenfeld Law Offices, LLC
Children are energetic, active, and playful. They play as hard as they can and are oftentimes unaware of their own safety. As can be expected, bone breaks or fractures are very common (diagram of bone breaks) in children. Bone breaks are the fourth most common accidental injury for children under 6-years-old. Broken bones can be difficult to recognize if the bone is not displaced.

Elderly Drivers: When to Take Away the Keys to Prevent Accidents

February 8, 2012     By Shulman DuBois LLC
If you have an elderly family member or friend that still drives, please be aware that many accidents are caused by elderly drivers who are no longer able to safely navigate the road - and for the safety of other people, it can be important to recognize the signs that they are being unsafe.

5 Myths about Hiring a Portland Personal Injury Lawyer

February 8, 2012     By Shulman DuBois LLC
For accident victims, it is a big decision to hire an accident attorney - but it can be a good decision. Here are 5 of the most common fears about hiring an attorney, and the truth behind the myth.

Understanding the Regulations Pertaining to Day Care Facilities is Crucial to Protecting Your Child

February 8, 2012     By Rosenfeld Law Offices, LLC
Day Care Centers are facilities that provide child care for less than 24 hours/day for over eight children if it is a family home or over three children in a non-home facility. In Illinois, these Centers are regulated by the Part 407 (Licensing Standards for Day Care Centers) of the Illinois Administrative Code. DCFS inspects and licensees these facilities (license valid for three years).

Your Trustee Questions Answered

February 8, 2012     By Duffy Law Office
Trusts are an integral part of estate planning and trusts only work when trustees carry out trust instructions. To that end, we’re answering your trustee questions here. If you have additional questions or need help choosing a trustee, ask your estate planning attorney.

Making Long Term Care Decisions for a Loved One with Dementia- June

February 8, 2012     By Duffy Law Office
A loved one with dementia has special needs that should be taken into consideration, especially when choosing a long term care facility. It’s important to take extra care so that your loved one is able to live a comfortable and safe life. There are steps that you can take to make sure that you’re choosing the best possible facility for your loved one. We discuss those steps below.

Identify and Plan for Your Digital Assets

February 8, 2012     By Duffy Law Office
Think about your online life. Many of us bank online, communicate online, conduct business online, socialize online, and market our businesses online. Keep a notebook next to your computer for one month. Each time you access an account or digital asset site, jot down the account number, web address, password, user ID, and PIN. Then, organize the list so your loved ones will be able to handle your digital assets if you become incapacitated or die.

Your Probate Questions Answered

February 8, 2012     By Duffy Law Office
If you’re like most people, you’ve heard the term, “probate, «but aren’t really sure what it means other than it happens when someone dies and lawyers are involved. To bring some clarity to the subject of probate, we’re answering common probate questions below:

New EU Stability Mechanism Treaty on Strengthening Fiscal Discipline and Convergence

February 8, 2012     By Andreas Neocleous & Co LLC
EU leader Member States agreed on a new Treaty on Stability, Coordination and Convergence in the Economic and Monetary Union. The European Stability Mechanism (ESM) Treaty was signed by euro area Member States on 2 February 2012 and ratification is pending by the 17 euro area Member States. The target date of its operation is July 2012, a year earlier than expected.

The Dangerous Truth About ATV Accidents

February 7, 2012     By The Kirklin Law Firm, P.C.
While many people enjoy the exhilaration and thrill that riding an all-terrain vehicle, or ATV, brings, others are suffering from severe injuries and graves consequences. Before starting up your ATV, learn more about the truth in riding these powerful machines.

Directors’ Fiduciary Obligation and the Law on Improper Purpose

February 7, 2012     By Angela Wang & Co
In the recent Hong Kong case of Passport Special Opportunities Master Fund, LP v eSun Holdings Ltd [2011] 4 HKC 62, the court examined the law of improper purpose in relation to fiduciary obligations on directors, when deciding whether or not, and in what manner, to embark on an issue of new shares.

PRC Broadens the Use of Offshore RMB for Direct Investments

February 7, 2012     By Angela Wang & Co
To further encourage foreign investments into the PRC, the Ministry of Commerce published a Circular extending the cross border use of Renminbi (“RMB”) for direct investments into PRC (Shang Zi Han [2011] Number 889) (the “Circular”) on 12 October 2011. Pursuant to the Circular, foreign investors are now allowed to use RMB proceeds legally obtained overseas for investments into PRC. The Circular is also applicable to Hong Kong, Macau and Taiwan investors.

Congress Now Involved with Vaginal Mesh

February 7, 2012     By Cates Law
Democrats are calling for a congressional hearing for pelvic mesh and transvaginal mesh products manufactured by Johnson & Johnson and C.R. Bard. Henry Waxman, a Democratic Representative form California led the committee to hold the hearing, demanding documentation from the manufacturers. As we reported recently, the FDA has required cooperation from all pelvic mesh manufacturers to submit thousands of pages of documents as well as request numerous studies and surgeon reports.

Frequently Asked Questions Concerning Birth Control Recalls and Unplanned Pregnancies

February 7, 2012     By Estey & Bomberger, LLP
Q. I heard about a birth control recall in the news recently. How do I know if my birth control pill was affected?

Suny College Costs as a "Cap" - The Trend is Changing

February 7, 2012     By Jane K. Cristal P.C.
These days it is not uncommon for divorce agreements to contain provisions requiring parents to pay for their children's college education; however, often their financial obligation is capped at "SUNY", that is, the cost of a public university.

License Suspended at DMV DUI Hearing Despite Improper Calibration of Breath Test Device

February 7, 2012     By Greg Hill & Associates
Whenever a client of our office is alleged to be driving while under the influence, we are keen to verify if the breath or blood test is accurate. If the blood alcohol content is calculated by a breath test, for example, it is fundamental that the breath test machine is properly calibrated.

Common Bankruptcy Myths and Misconceptions

February 7, 2012     By Blutter & Blutter, Attorneys At Law
When overwhelmed with debt, for many people, bankruptcy can be a solution towards regaining financial solvency. Unfortunately, this can often be overlooked due to the confusion and misconceptions people harbor about the process. Here, we aim to debunk some of these most common and persistent myths.

Dog Attacks: What You Should Know

February 7, 2012     By Leavengood & Nash
If you were attacked by a dog, it can be confusing to determine where to turn for help. You could be facing as lengthy recovery time as well as costly rehabilitation costs, depending in the severity of injury. In 2011, there were 31 fatalities that resulted from dog attacks. As these animals were designed to be able to hunt and kill prey in order to feed themselves, sometimes this instinct can be directed towards humans.

Your Rights in Enforcing a Post-Divorce Court Order

February 7, 2012     By Mansouri Law Offices
Filing for divorce may have been one of the most difficult and emotionally stressful periods of your life; but now that the divorce is finalized and your ex-spouse is failing to abide by a court order, where should you turn? You have rights to enforce this court order, and failing to exercise these rights can have serious consequences on both you and your family.

Understanding Trust Administration

February 7, 2012     By Watkins, Blakely & Torgerson, LLP
Managing a trust is an extremely important responsibility. For the trustee, it is crucial to become well informed of their rights and responsibilities in order to avoid any legal conflict in the future. It is not uncommon for people to be confused about what exactly a trust is and what its functions are. A trust refers to property given to a trustee to manage for the benefit of a third person.

Titanium Joint Debris May Cause Painful Inflammation

February 7, 2012     By Zimmet & Quarles. P.L.
Tiny particles from artificial knee and hip joints made from titanium could flake away during normal wear and tear and cause painful inflammation for the recipient according to a new study. While previous studies have suggested that bits of bacteria that stick to the titanium particles are cause for the inflammation this new study suggests otherwise. Researchers from the University of Medicine and Dentistry of New Jersey have found that titanium particles themselves trigger inflammation in mice.

Revisiting the Supreme Court’s Decision in eBay: The Naked Truth?

February 7, 2012     By McDole, Kennedy & Williams, PC
A copyright infringement battle that has been ongoing for over a decade may soon find itself at the steps of 1 First Street NE. On December 6, 2011, a petition of certiorari was filed in the case of Perfect 10, Inc. v. Google, Inc. (11-704).

How a Truck Company May Attempt to Undermine Your Claim

February 7, 2012     By Law Offices of Shane Smith
If you were injured in an accident with a commercial truck, you may consider filing a personal injury accident claim to recover compensation for your medical bills and other expenses that have resulted. To make sure that you go through this process accurately and efficiently, you may want to hire a truck accident attorney who specializes in these types of cases.

Your Rights as a Jones Act Shipping Employee under the Jones Act Safety Rules

February 7, 2012     By The Young Firm
With all the maritime safety information available to employers, there should be little cause for injury aboard an offshore vessel. However, accidents due to negligence still occur, resulting in the need for a Jones Act attorney to help you apply the Jones Act. Shipping employees in particular may ask "What is the Jones Act?" in accordance to their rights as an injured worker.

Understanding the Bankruptcy Qualification Process

February 7, 2012     By Scupp & Berman, LLP
Today, thousands of individuals across the country are struggling with overwhelming and unwanted debt. If you are one of the many people in the area who is looking for a debt-free future, you are urged to learn more about the bankruptcy qualification process. Many people are currently unaware that filing for bankruptcy is an entirely legal and extremely beneficial process that thousands of people have already taken advantage of.

Tax Information Exchange Agreement Signed between Malta and Gibraltar

February 7, 2012     By Zammit & Associates
Malta and Gibraltar signed a Tax Information Exchange Agreement (TIEA) on the 24th January, 2012. It is understood that the Malta - Gibraltar TIEA is based on the bilateral version of the OECD Model Agreement on Exchange of Information on Tax Matters.

European Commission Imposes Simplified Rules on Mergers and Divisions in Six Member States among Which Cyprus

February 7, 2012     By Andreas Neocleous & Co LLC
Directive 2009/109/EC of the European Parliament and of the Council of 16 September 2009, regarding the simplification of the rules on merger and divisions, has not been yet implemented in some Member States of the EU. Cyprus is one of those Member States which failed to fulfill their obligations and commitments under the relevant Directive.

When is a Worker a Deserter?

February 7, 2012     By Eversheds
Employers must prove employee’s intention to abscond. The Labor Court has recognized that the employee's general duty is to render a service to the employer, and that failure to discharge that duty could potentially lead to disciplinary action. If an employee is absent for several days from work without communicating his or her absence to the employer, the assumption is often made by the employer that the employee has absconded.

Liability of a Surety

February 7, 2012     By Eversheds
The implementation of Chapter 6 of the Companies Act (71 of 2008) has been challenging to say the least. One of the vexed and difficult questions to answer is the extent of liability of a surety for the debts of the company in business rescue and how this ought to be dealt with in business rescue plans.

Resolutions of Directors

February 7, 2012     By Eversheds
Historically it has been commonplace for board resolutions, produced for the purposes of ordinary transactions or for litigation, to signed only by the company secretary or by the chairperson of a company. In terms of s66 of the Companies Act (71 of 2008), the business and affairs of the company must be managed by and under the direction of its board.

Avoiding the Sesquipedalian Trap

February 7, 2012     By Eversheds
Over the past few years, even prior to the implementation of the Consumer Protection Act (68 of 2008) (CPA) coming into force, there has been a steady move away from the more formal use of language in the commercial legal environment towards the more "fashionable" use of simpler, colloquial language.

Private Arbitration Removes Choice in the Court’s Review Test

February 7, 2012     By Eversheds
Alternate dispute resolution has long been established in employment law. The Ministerial Legal Task Team which highlighted the main innovations in the present Labor Relations Act, 1995 also placed great emphasis on alternate dispute resolution. While the vast majority of employment disputes continue to be resolved by way of compulsory statutory arbitration, this form of arbitration often gives way to consensual private arbitration.

Liquidators and the Voetstoots Principle

February 7, 2012     By Eversheds
A voetstoets clause in a sale agreement effectively declares to the purchaser of goods that the goods are to be sold "as is" and without any undertaking of quality. The voetstoets clause will protect a seller who knows of a latent defect in the merx but does not disclose it, unless he concealed it with the intention of defrauding the buyer (Van der Merwe v Meades 1991 (2) SA 1).

Expert Evidence

February 7, 2012     By Eversheds
It has been argued that there are issues which simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to, inter alia, ballistics, engineering, chemistry, medicine, accounting and psychiatry. The question that, however, poses itself is whether expert evidence is in all circumstances necessary.

Food Law Know-how - Part 5: Standard Terms and Conditions

February 7, 2012     By Eversheds
The Consumer Protection Act is predominantly focused on affording consumers the right to fair, just and reasonable terms and conditions (e.g. fair contract terms) and the right to fair value, good quality and safety (e.g. product liability).

Do Not Contact Me!

February 7, 2012     By Eversheds
South African laws in the past have always been less strict on direct emailing than those of the US and Europe. Prior to the implementation of the Consumer Protection Act 68 of 2008 (CPA) in South Africa, it was legal to send unsolicited emails provided that:

To Bequeath or Not

February 7, 2012     By Eversheds
Intention is the Key - In the case ITC 1835 the Tax Court in Kimberley deliberated on whether a debt due to a deceased estate had been discharged for no financial consideration and was therefore subject to Capital Gains Tax (CGT) on the full value of the claim in terms of paragraph 12(5) of the Eighth Schedule to the Income Tax Act.

The Evil Triplets and the Mining Industry

February 7, 2012     By Eversheds
In a speech delivered on 2 August, Minister of Mineral Resources, Susan Shabangu, gave a stern warning to the mining industry when she indicated that the Department of Mineral Resources (DMR) is serious about the implementation of measures to address the “evil triplets of poverty, inequality and unemployment” faced within the communities where mining operations are conducted.

The House Shouldn’t Always Win

February 7, 2012     By Eversheds
The National Lottery Board (NLB) holds in trust approximately R6 billion which it has accumulated over the last three years. Given that the NLB is now declining applications from charitable institutions based on "budgetary constraints", the duties of the NLB and their fulfillment need to be examined.

Consequences of Liberating the Limitation

February 7, 2012     By Eversheds
When the Constitutional Court declared that sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Road Accident Fund Act 56 of 1996 (the old Act) were unconstitutional (Mvumvu and Others v Minister of Transport and Another 2011 (5) BCLR 488 (CC)), they suspended the order for a period of 18 months to enable Parliament to cure the defect.