Law Articles - Law Related Articles
Law articles written by attorneys discussing aspects related to industries, businesses and individuals.
Recent Law Articles
What Legal Rights are Granted the Family Someone Killed by a Drunk Driver?
February 3, 2012 By Clore Law Group LLC
When a person is killed by the careless or reckless actions of another party, they are provide legal recourse in accordance to the state's wrongful death laws. While they vary from state to state, they typically provide for medical expense, funeral expenses, loss of income, loss of companionship, pain and suffering and sometimes "punitive damages." If your loved one was killed by a drunk driving, you need to advice of an experienced attorney.
Automotive Defect Liability: What You Need to Know If You're In a Car Accident
February 3, 2012 By Clore Law Group LLC
In single car crashes, automotive defects may be the cause or at least a contributing factor. You had seen countless examples in the last 20 years including the Ford Explore Rollovers cases and the Toyota Unintentional Acceleration Cases. Anytime you are in a car accident, you need an attorney to evaluate your case and determine if it could have been prevented.
Do You Have a Strong Incapacity Plan in Place?
February 3, 2012 By Duffy Law Office
Have you heard of incapacity planning, guardianships, or conservatorship? Have you heard of a living willpowers of attorney, and trust planning. If you’re like most folks, you’ve heard the terms somewhere but don’t have a full grasp of how it all fits together; that’s totally normal. But, incapacity planning is much more important than you think. Just ask anyone who’s ever had to use a disability plan, which worked or didn’t work.
Discuss End of Life Decisions and Create a Living Will
February 3, 2012 By Duffy Law Office
If you’re planning for the future, you will have many planning needs, including a living will in your comprehensive estate plan. This will allow you to legally spell out your end of life treatment decisions. Without a plan in place, others will be left to guess and make difficult choices. Take a look at the following information, to learn more about this planning need.
Can You Disinherit Your Spouse?
February 3, 2012 By Duffy Law Office
Sometimes, probate lawyers become involved in cases where their clients ask for their assistance in drafting wills that will give their spouses very little of their estates or nothing at all. Probate lawyers may also become involved in cases representing spouses who receive nothing through disinheritance.
As a Single Parent, Do I Need Trust Planning?
February 3, 2012 By Duffy Law Office
If your children are minors and/or you want to protect the assets that go to your children from creditors and divorcing spouses, you need trust planning. As a single parent, there is no back up if you become incapacitated or die. A strong, comprehensive, and up-to-date trust-based estate plan needs to be in place to protect your children.
Are You Ready to Serve as a Guardian for Minor Children?
February 3, 2012 By Duffy Law Office
If you’ve been named as a guardian for minor children in a loved one’s will, your hands will be full if you are called upon to act. It’s important to fully understand your duties before agreeing to serve as a guardian. This will allow you to be better prepared and can make it possible for you to decide if you’re the right fit.
Annuities as Part of Your Retirement Plan
February 3, 2012 By Duffy Law Office
One way that you can invest in your retirement is through annuities, though this retirement tool may not be right for everyone. If you are still young and would like to save more for retirement than what you can contribute to your retirement plan each year, an annuity may be a good option.
Are You Having Trouble Choosing a Guardian?
February 3, 2012 By Duffy Law Office
Many parents with young children have difficulty deciding on a guardian. In many of these cases the parents have many possible guardians to choose from or they don’t have someone who is a complete fit. This is completely normal. If you’re having trouble deciding on a guardian, take a look at some of the tips below. Your estate planning attorney can help you decide on a guardian for your children.
5 Benefits to Creating a Will
February 3, 2012 By Duffy Law Office
A will is an important estate planning document that many people never take the time to create. A will can help you achieve many of your estate planning goals. It can also be used to determine how many of your affairs will be handled after your death. Take a look at the following 5 benefits to creating a will. If you have any questions, or if you’d like to create a will, meet with an estate planning attorney.
32.9 Billion Reasons to Engage in Estate Planning
February 3, 2012 By Duffy Law Office
The Wall Street Journal reported, “[a]ccording to the National Association of Unclaimed Property Administrators, state treasurers currently hold $32.9 billion in unclaimed bank accounts and other assets. (You can search for unclaimed assets at MissingMoney.com.)” For the most part, this is money heirs didn’t know about because their loved ones either didn’t do estate planning or didn’t stay organized and it was missed.
10 Benefits of a Revocable Living Trust
February 3, 2012 By Duffy Law Office
If you’re planning or updating your estate plan, you may want to consider creating a revocable living trust. Trusts are a highly beneficial estate planning tool. Take a look at the following information, to better understand 10 benefits of a revocable living trust. If you have any questions, or if you’d like to create a trust, contact an estate planning attorney.
Estate Tax Changes for 2011
February 3, 2012 By Duffy Law Office
In estate planning circles the estate tax is always a core issue, but it was an especially hot topic in 2010. A provision contained in the Economic Growth and Tax Relief Reconciliation Act of 2001 (commonly referred to as the “Bush tax cuts”) called for a repeal of the estate tax for the 2010 calendar year. It was set to return in 2011 with an exclusion of just $1 million and a top rate of a whopping 55% (it was 45% in '09).
Will Toyota Manage to Avoid Liability for Unintended Acceleration Accidents?
February 3, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
California law allows for an individual to bring a lawsuit against a company if injured by a product manufactured by that company. Toyota is currently facing almost 200 such lawsuits in a United States District Court in Orange County, and, as the first one goes to court, their defense strategy is beginning to take shape. A lawyer explores whether the car maker will manage to escape liability.
Determining Excessive Force When Police Actions Cause Personal Injury
February 3, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Police in Orange County and throughout California have a long history of respected service but also of problems involving misconduct, including excessive force causing injury or death. Understanding the rights and limitations on police officers is important. An attorney examines cases that recently occurred in the state to determine whether misconduct occurred and discuss the laws.
Could Lack of Regulation Limit Damages of Costa Concordia Victims?
February 3, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
In the wake of disaster on the Costa Concordia, a California congresswoman is renewing her call for increased safety regulations for cruise ships. The Costa Concordia was a cruise liner that ran aground of rocks and capsized after the captain allegedly steered too close to the rocky shore in Giglio, Italy.
Arrange for the Family Business as Part of Estate Planning.
February 3, 2012 By Duffy Law Office
Some of the concerns related to the changing economy and an agricultural relationship between the generations of farmers, in an industry that pushes small businesses to failure. A simple understanding of how to leave your small business or farm to the right persons or family members in planning your estate ahead of time can be vexing, especially when such an action is necessary.
Don’t Forget to Plan for Retirement
February 3, 2012 By Duffy Law Office
A lot of people these days are not seeing consistent growth in their retirement savings, if they have a retirement account at all. The reason why retirement accounts fail to grow often has nothing to do with the market, and everything to do with the everyday cost of living.
SOPA Analysis: Why One Bill Threatened the Entire Internet
February 3, 2012 By Sanchelima & Associates, P.A.
The reason that SOPA garnered so much attention was largely due to vague language that seemed to provide the government with a very wide scope of power to shut down websites and block access. While the possibility of restrictions may have looked like censorship to a public used to a laissez-faire approach to internet access, the main targets of SOPA were primarily foreign websites that hosted libraries of pirated content.
Understanding Domestic Violence and False Accusations
February 2, 2012 By Law Offices of Scott D. Hughes
Domestic violence is no laughing matter; however, false allegations can tear a family apart and force an innocent person to gain a permanent criminal record. Domestic violence refers to violence that occurs between two spouses, intimate partners, former partners, family members and people who live together. Domestic violence, otherwise assault and battery that occurs in any of the above relationships takes place in every race, religion and socio-economic class.
Mass Torts 101: Points California Personal Injury Plaintiffs Need to Learn
February 2, 2012 By Mesriani Law Group
Personal injury cases in California may not only be asserted by an individual because even a group of people can forward such type of civil case. This type of case is labeled as “mass torts”. Simply put, mass torts are civil actions that include more than one plaintiff against one or several defendants. Normally, mass torts are filed in a state or federal legal court.
Think Again Before You Buy a Foreclosed Home
February 2, 2012 By Law Office of Al Beaudreau, Ltd.
Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has been foreclosed. Problems like mold, wild animals and rundown maintenance systems are only part of the trouble that you may inherit if you purchase a foreclosed home.
Insolvency in Cyprus
February 2, 2012 By Michael Chambers & Co. LLC
When a company is created it enjoys a separate legal identity of its own and, as such, when it stops operations a specific procedure must be followed in order to legally bring its existence to an end. The procedure is outlined in the Companies Law, Cap 113, and is a different procedure from that followed in the case of an individual going into bankruptcy. A company may either be wound up voluntarily, or by the court compulsorily.
Property Litigation in Cyprus
February 2, 2012 By Michael Chambers & Co. LLC
Property is one of the most valuable assets that a person or a company can own and it is perhaps by virtue of this value that property tends to attract a great deal of litigation and dispute. There are many different kinds of dispute that can occur in relation to property; in this article Michael Chambers highlights some of the most common forms of dispute and the action available to an aggrieved party seeking resolution.
The Benefits of Collaborative Divorce
February 2, 2012 By Ardalan & Associates
Filing for divorce is oftentimes categorized as one of the most emotionally traumatizing and disheartening experiences in a person’s life. There is, however, a silver lining on the dark cloud of divorce. When a person chooses to legally separate from their current spouse, there are very few positive outlooks to have on this type of situation. Many people often assume that the divorce process will be tiring, disappointing, and ultimately very costly.
Judge May Prohibit Medical Marijuana Use as Term of Probation.
February 2, 2012 By Greg Hill & Associates
Steven Hughes was convicted of cultivating marijuana (a violation of California Health & Safety Code § 11358), possession of marijuana for sale (a violation of California Health & Safety Code § 11359), and transportation of less than 28.5 grams of marijuana (a violation of California Health & Safety Code § 11360).
Death and Taxes
February 2, 2012 By Deborah Sexton Law Office, PA
The “death tax” is a euphemism for the estate tax. Estate tax is imposed "on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States.
What Does Bankruptcy Cost: Price vs. Value
February 2, 2012 By The Schachter Law Firm, P.C.
Bankruptcy fees can be a hot topic. It can also get a bit complicated, so let’s start with the easy stuff first: what are approximate prices for Chapter 7 and Chapter 13 Bankruptcies and which one to choose. Most of the time, most lawyers charge a flat fee for doing a bankruptcy. This means that you are not paying by the hour and that you and the lawyer agree on a set amount of tasks for a set fee.
Do I Qualify to File Bankruptcy in Texas?
February 2, 2012 By The Schachter Law Firm, P.C.
A lot of people are concerned about the shame, technical requirements and costs of bankruptcy. This article explains the qualification criteria and helps people understand which bankruptcy (if any) is right for them. Technically, everyone qualifies to file bankruptcy. What people really want to know when they ask that question is 'can I successfully file for bankruptcy?'.
Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do
February 2, 2012 By The Schachter Law Firm, P.C.
This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in Houston Texas. We bring you the important foreclosure questions and answers from a legal and tax perspective.
What is Elder Law?
February 2, 2012 By Deborah Sexton Law Office, PA
Elder Law is a term that has been coined to encompass the body of law regarding the aging population. It is an area of law that has seen significant growth as the baby boomer generation ages.
Estate Administration
February 2, 2012 By Deborah Sexton Law Office, PA
If you’re like most people, you’ve heard of the term, “probate.” Essentially, the term “probate” and “estate administration are used interchangeably and refer to the winding down of a person’s financial life after death. Technically, the term, “probate,» refers to court validation of your will.
Finasteride and Pregnancy
February 1, 2012 By Cates Law
The FDA has assigned Finasteride (Propecia) to pregnancy category X. This means that woman, primarily those of child bearing age or those trying to become pregnant should not come into any contact whatsoever with this drug. Even handling a broken Propecia pill can allow finasteride to be absorbed through the skin. With regards to breastfeeding, it is still unknown, and thus it is not recommended for woman who take finasteride to breastfeed.
Can I File a Ski Accident Claim?
February 1, 2012 By Fisher Hopkins Nandan Pangalos PLLC
If you have been injured in a serious ski accident because of the negligence of a ski lift operator or ski area operator, you may be able to file a claim and seek damages for your pain and suffering. Ski accident legislation is different for every state, and it is important to be familiar with your legal responsibilities as a skier before you decide to file a claim.
BAC: Breath and Blood Tests
February 1, 2012 By Greco & Associates, Attorneys at Law
Chemical testing plays a major role in the arrest and conviction of DWI cases. However, what many people do not realize is that they have rights concerning these tests and that the evidence can be disputed. If you or a family member were arrested for driving while intoxicated, you may be facing serious penalties. One of the difficulties surrounding these cases is how law enforcement officer test the driver’s blood alcohol concentration.
What is a Preliminary Hearing?
February 1, 2012 By Greg Hill & Associates
In every felony case, a preliminary hearing is required. The hearing’s purpose is to test the sufficiency of the evidence to determine whether the case merits continued attention. The accused can waive such a hearing and give up his or her right to such a hearing, but this is rarely done. If the evidence is deemed insufficient, the case is dismissed.
Seven Solutions to Overwhelming Tax Debt
February 1, 2012 By William F. Kunofsky
If you owe a substantial debt to federal, state or local taxing authorities you have options. Finding the right lawyer who will advise you in pursuing the most effective course of action to relieve your tax debt is the best way to ensure your interests are protected.
What is a Wrongful Death Claim?
February 1, 2012 By Weinstein, Scharf & Dubinsky, P.A.
A wrongful death claim may be filed by the survivors of a victim who was killed by the negligence of another person or entity. Every state has different legislation regarding wrongful death claims and the amount of compensation that can be granted. In order to be successful in recovering compensation, those filing for a wrongful death claim must be able to prove that the actual cause of the fatality.
Texas Charges for Aggravated Sexual Assault
February 1, 2012 By Ned Barnett Law Office
The state of Texas is especially ruthless when it comes to sex-related crimes committed against minors. This is especially true to charges of aggravated sexual assault against a child per §22.021 of the Penal Code. While sex-related crimes are always taken seriously, these are viewed as especially heinous by law enforcement and prosecutors when the victim is under the legal age of consent. Under Chapter 22 of Assaultive Offenses, §22.021, the crime of aggravated sexual assault is addressed.
What Rights the Federal Debt Collection Practices Act Gives You
February 1, 2012 By Melvin R. Singleterry - Associated Attorneys, LLC
Credit card payments can become rather large even for the minimum payment. This can make it next to impossible for people to be able to afford their bills if they have more than one credit card with a high balance on it. This leads them to seek assistance from a company such as a debt consolidator.
Exploitation of Hydrocarbon Resources in Cyprus
February 1, 2012 By Andreas Neocleous & Co LLC
Geostrategic and financial interests regarding gas exploration and exploitation. Regarding the natural Gas Production Prospects in the East Mediterranean, Cyprus, the third largest island in the Mediterranean Sea, is located at the crossroads of big international energy routes unifying Europe with the Middle East, Africa and the countries of the Gulf.
Arkansas Pet Trusts What the Law Says
February 1, 2012 By Deborah Sexton Law Office, PA
Arkansas enacted its Pet Trust Law in 2005. Since then, pet owners have been able to create a Trust to ensure that their pets are properly cared for after the pet owners die. Though you should talk to a qualified estate planning attorney if you want assistance creating a Pet Trust or have specific questions, let’s take a moment to look at what the Arkansas statute states.
Q and A of Wills (2)
February 1, 2012 By Law Offices of Richard B. Schneider, LLC
Creating a will is the starting point of estate planning, but it certainly should not be the ending point. While there are several other documents that make up a comprehensive estate plan, we answer questions involving the most important document, the will.
Tax Information Exchange Agreement Signed between Malta and the Bahamas
February 1, 2012 By Zammit & Associates
A Tax Information Exchange Agreement (TIEA) has been signed between Malta and the Bahamas enabling a full exchange of information between the two countries on tax matters.
Elder Law
February 1, 2012 By Law Offices of Richard B. Schneider, LLC
The practice of elder law is an area of expertise that developed from the need of a growing population of senior citizens with specific legal issues. What can an elder law attorney do for you or a loved one? Elder law is a relative new area in the practice of law, arising from the need of a growing population of senior citizens with specific legal needs.
Will Updates
February 1, 2012 By Law Offices of Richard B. Schneider, LLC
Despite its purpose, a will is a living document, meaning it should be updated or changed as situations warrant and life changes occur. In fact, even if circumstances do not change, a will should be reviewed every three to five years.
The Role of a Trust in Disability Planning
February 1, 2012 By Law Offices of Richard B. Schneider, LLC
One aspect of estate planning involves disability planning, which is creating a contingency plan in case of incapacitation in later years. A living trust is one estate planning tool that can often be put to good use within a disability plan.
Estate Planning with Second Marriages
February 1, 2012 By Law Offices of Richard B. Schneider, LLC
Estate planning for clients who are in their second marriage often presents some challenges that are not present where the clients are in their first marriage.Sorting through a confusing mix of what belongs to whom, and who gets what belonging to whom, can produce feelings of hurt and resentment.
Compulsory Remunerations for Patent Inventors in China
January 31, 2012 By Grandall Law Firm
Reward for patent inventors is a compulsory obligation for all companies in China. Further, the standard of the reward and remuneration has been increased since 2010. However, it is still subject to the agreement between the company and inventors or the bylaws of the company.
Duties of the Executor of a Last Will and Testament
January 31, 2012 By Law Offices of Richard B. Schneider, LLC
When most people create their Last Will and Testament, they nominate a spouse, partner, child or parent as the executor of the Will without giving much thought to what the position of executor actually entails. However, once you understand the complex nature of the duties of an executor, you may decide to give a little more thought to the choice of the executor.
Are You Sure You’re Receiving All the Veterans Benefits You Deserve?
January 31, 2012 By Timothy P. Murphy - Estate Planning Counselors, LLP
It may surprise you to know that many veterans aren’t receiving all the benefits to which they are entitled. Maximizing veteran’s benefits is a special planning niche offered by experienced and qualified estate and elder care planning attorneys who assist clients with obtaining these valuable benefits.
Improving Accessibility to the Courts: Standing Order in Marshall Division of Eastern District of Texas
January 31, 2012 By McDole, Kennedy & Williams, PC
The Marshall Division of the U.S. District Court for the Eastern District of Texas has issued the following Standing Order Regarding Readiness for Status Conference: “The Court ORDERS the Plaintiff in each civil case file a notice that the case is ready for scheduling conference when all Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant’s answer of motion.
Drug Crimes: An Overview
January 31, 2012 By Greco & Associates, PC
Accused of a drug crime? To avoid a misdemeanor or felony conviction, choose the right criminal defense attorney to defend you. If you or a loved one have been accused of any type of drug crime, it is imperative that you contact a criminal defense attorney for legal aid as soon as possible As drug crimes are on the rise throughout the country, local and state authorities as well as government agencies like the Drug Enforcement Administration are stepping up their fight against this offense.
Common Causes of Road Accidents in California during Rainy Season
January 31, 2012 By Mesriani Law Group
Normally, California only experiences rains from October to March. Because of this, certain drivers are not well-experienced in driving on wet and slippery roads. Hence, it is not surprising to learn that hundreds of automobile accidents that result in personal injury cases occur during the rainy season in the State; however, there are certain ways one may do to avoid mishaps.
The Intersection of the Dodd-Frank Act and the Foreign Corrupt Practices Act
January 31, 2012 By Berg & Androphy
What All Practitioners, Whistleblowers, Defendants, and Corporations Need to Know
How do You Know if You Need a Las Vegas Personal Injury Attorney?
January 31, 2012 By Greenman, Goldberg, Raby & Martinez
Sometimes it’s a tough call whether or not to contact a Las Vegas personal injury attorney. Victims may question whether the severity of their injury should require legal intervention whereas other victims may be unsure if their situation warrants a personal injury case.
When to Call an Accident Attorney in Las Vegas
January 31, 2012 By Greenman, Goldberg, Raby & Martinez
Experiencing a car accident is common; and yet most people are not sure when they should contact an accident attorney in Las Vegas? Sometimes, when the accident is no one’s fault, it may be a tough decision whether to get an attorney involved. However, often accident victims may have been injured due to the outright negligence of another, making the search for a good attorney important.
Understanding a Wrongful Death Claim
January 31, 2012 By Greenman, Goldberg, Raby & Martinez
Those seeking a wrongful death claim have typically suffered loss due to negligence, malpractice or the inaction of another person, company or organization.Some of the most common causes of wrongful death include traffic accidents, defective products, medical malpractice and death during construction accidents. Unfortunately wrongful deaths are commonplace.*
How Long is a Divorce Expected to Take?
January 31, 2012 By The Dorsey Law Firm
Divorce can create quite an emotional roller coaster for some individuals. This is why one of the first questions that most people ask their divorce attorney is how long will it take to acquire a divorce. While we would love to be able to give you a definite answer, it is not that simple. There are a lot of aspects that go into divorce proceedings, but this will help to give you an idea.
Post-Assessment Collection of Delinquent State Taxes in Hawaii
January 31, 2012 By Richard Paul McClellan III Lawyer
In 2009, Hawaii enacted a prospective fifteen-year civil statute of limitations for collection for most assessed tax obligations (Net Income Tax, General Excise Tax, Transient Accommodations Tax, Use Tax, Fuel Tax, Conveyance Tax, Rental Motor Vehicle and Tour Vehicle Surcharge, Nursing Facility Tax, and Insurance Premium Tax) via Act 166, Sections 6 through 14.
A Reminder about Drunk Driving and the Super Bowl for PA Drivers
January 31, 2012 By The Martin Law Firm, P.C.
Tips to avoid a drunk driving arrest (DUI) in Pennsylvania this Super Bowl Sunday from Montgomery County, PA DUI attorney Jason Martin. The Super Bowl is America’s most popular national sporting event. This year, millions of people across the country will gather with friends and family to socialize and watch the game. Unfortunately, Super Bowl Sunday is also one of Pennsylvania’s most dangerous days on the road as a result of drunk driving.
Concussion: Serious Head Injuries after an Oregon Car Accident
January 31, 2012 By Shulman DuBois LLC
If you have been in a car accident, and received a concussion, you need to be very careful. Concussions can be a sign of a more serious head injury. You will want to be examined for a more serious brain injury and make sure you receive all the medical treatment you need. A concussion is the term for when your head gets hit so hard that your brain moves back and forth within your skull.
Florida Considers New Rules for Stemming Litigation
January 31, 2012 By Weinstein, Scharf & Dubinsky, P.A.
The State of Florida enacted a new rule that requires insurance companies to send a person with actual authority to make a fair settlement into mediation. This new rule will help those filing for personal injury claims and will hopefully lower the number of claims that have to go to court. Starting on January 1, 2012, the new Supreme Court Civil Procedure Rule 1.720 was put into practice in Florida.
Trust Fund Recovery Penalty – A Nightmare for Businesses
January 31, 2012 By Gilland Law Firm PC
Payroll tax problems are highly unique by a number of measures. Payroll tax problems are generally regarded much more seriously than other tax issues and are also detected and moved against by the IRS much faster. In addition Payroll Tax Problems are different in another way – the number of people who can be personally liable. When it comes to payroll tax problems it’s not just the business owners or the “corporation” that can be held liable for the back taxes.
How to Use the Gift Tax Exemption and Exclusion
January 31, 2012 By The Law Offices of James A. Miller
Anyone who has a substantial estate knows that avoiding estate taxes is one of the primary goals of estate planning. The estate tax rate changes on a regular basis; however, it is typically high, meaning an estate could lose as much as half of its value to taxes. One option for avoiding estate taxes is to gift assets to family members and loved ones during your lifetime.
A Look at the Future of the Estate Tax
January 31, 2012 By Law Office of Roy W. Litherland
Back in 2010, there was a lot of uncertainty surrounding the estate tax. The tax was repealed for that year due to provisions contained within the Bush era tax cuts. However, as the laws stood throughout most of 2010, the estate tax was scheduled to reappear in 2011. At that time the exclusion was scheduled to be $1 million, and the maximum rate was set at 55%.
Hurdling a Round of Taxation
January 31, 2012 By Ryan, Hicks, Cumpton & Cumpton, LLP
Taxes are an interesting thing because they can spawn conflicting emotions. Money is hard earned and nobody wants to part with a significant portion their earnings and give them to the tax man. However, the vast majority of thinking people recognize the need to fund certain foundational elements of society.
Cyprus: Appointment of an Equitable Receiver in Aid of Execution of a Foreign Judgment
January 31, 2012 By Soteris Pittas & Co L.L.C.
In the context of an application to register and enforce a Russian judgment, pursuant to the terms of the bilateral treaty between Cyprus and Russia, our firm succeeded to obtain various ex parte injunctions, including the ex parte appointment of an interim receiver.
Cyprus: Arbitration and Derivative Actions
January 31, 2012 By Soteris Pittas & Co L.L.C.
In a recent decision of the Supreme Court of Cyprus, it has been held, that a derivative action filed by a minority shareholder of a Cyprus company, did not fall within the ambit of an arbitration clause contained in a Shareholder Agreement executed only by the shareholders of a Cypriot company and not by the company, which provided as follows:
Cyprus: Can Ex Parte Norwich Pharmacal Orders be Stayed, Pending Appeal?
January 31, 2012 By Soteris Pittas & Co L.L.C.
In the recent case Penderhil Holdings Ltd v. Ioanni Kloukina, the Supreme Court of Cyprus, examined whether a stay can be granted of the enforcement of Norwich Pharmacal orders, pending appeal.
Do Client List Protections Extend to Social Networks?
January 30, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
More and more companies today are involved in social media marketing and have built up followers on Twitter, LinkedIn, Facebook and other social networking sites. A recent California case against a writer who took his company’s Twitter following when he left and used the account for personal networking may have a significant impact on whether social media contacts are protected against the injurious consequences of employee theft, as is the case with client lists, explains a lawyer.
Could Plaintiffs Have Received Greater Damages had they Not Settled with Farmer Insurance?
January 30, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
In late 2011, Farmers Insurance Company settled a nationwide class action lawsuit arising from failure to pay reasonable medical expenses for personal injury claims made following auto accidents. According to a Los Angeles, California spokesman for the company, Farmers is pleased to have resolved the matter, although court documents indicate that Farmers settled without admitting guilt but instead chose to settle to avoid the expense of a trial.
Hours of Service Rules for Commercial Drivers Reduced
January 30, 2012 By Law Office of Julie Johnson, PLLC
The Federal Motor Carrier Safety Administration recently announced a final rule that changes hours of service (HOS) safety provisions for commercial truck drivers. Safety advocates had requested changes for some time as accidents involving driver fatigue and distracted driving were prominent news stories in 2011. According to numerous reports, the final rule reduces the maximum number of hours a truck driver can work within a week to 70 hours.
Large Trucks: Accident Dangers and Safety Recommendations
January 30, 2012 By Law Office of Julie Johnson, PLLC
Unfortunately, Texas has one of the highest crash rates in the country. The Texas Department of Transportation reported 242 fatal large truck accidents in 2009. More than two-thirds of these deadly collisions occurred in rural areas and were mainly attributed to inattentive driving, unsafe speeds — whether too slow or too fast — and driving under the influence of alcohol or drugs.
New Bill Seeks to Improve Federal Trucking Safety Programs
January 30, 2012 By Law Office of Julie Johnson, PLLC
The Proposed bill would require new drivers to undergo additional training before receiving a commercial driver’s license. It would also require trucking companies to certify their drivers’ understanding of trucking safety rules. In addition, the bill would require truckers to install electronic on-board recorders (EOBRs) in their rigs to monitor their driving habits and time on the road.
NHTSA Examines Role of Antilock Brake Systems in Reducing Truck Accidents
January 30, 2012 By Law Office of Julie Johnson, PLLC
When commercial trucks collide with passenger vehicles, the consequences can be disastrous. The sheer magnitude of heavy trucks makes them a serious threat to other vehicles in the event of an accident. According to statistics from the National Highway Traffic Safety Administration (NHTSA), 3,380 people were killed in 2009 as a result of collisions with large trucks. In 2008, one out of nine traffic fatalities was the result of a truck accident.
Sentence Set Aside When Federal Judge Makes Mistake
January 30, 2012 By Greg Hill & Associates
Chino prison guard Robert McGowan was sentenced to four years and three months in prison for violations of federal laws prohibiting a prison guard from depriving an inmate of his constitutional right to be free of cruel and unusual punishment. The conduct at issue was a 2007 incident where McGowan allegedly pushed two hand-cuffed and shackled prisoners out of a truck, causing them to suffer bruises and cuts.
Two Laws Prohibiting Religious Discrimination in the Workplace
January 30, 2012 By Mesriani Law Group
Religious discrimination in employment remains a significant issue in the labor sector at the different parts of United States. Despite the implementation of various federal and state laws, discrimination against applicants and employees due to their religious affiliation still widely occurs. According to US Equal Employment Opportunity Commission’s (EEOC) Charge Statistics*, in 2010 alone, 3,790 religious discrimination complaints were received by the agency.
Choose Your Divorce Lawyer Carefully
January 30, 2012 By Law Office of Julie Johnson, PLLC
It is important to choose an attorney who is skilled in divorce law to handle your case. But how do you go about choosing the right one? A divorce touches every part of your life. It involves your income, assets and where you reside. Additionally, if you have children it involves commitments and obligations for many years to come. But, all too often, the most devastating aspects of a divorce are the emotional and financial costs.
Employment Law for the Small Business Owner
January 30, 2012 By Law Office of Julie Johnson, PLLC
Strategic tips every small business owner must consider to minimize their exposure to employment law suits.
Small business owners want to focus on operation, not legal disputes. Most successful businesses function with the support of employees and staff. All business owners know that staff that are content at work are more productive for the business overall. However, most businesses do not have a Human Resources Department to handle employee related issues.
Trademarks and School Colors
January 30, 2012 By McDole, Kennedy & Williams, PC
In University of Alabama Board of Trustees v. New Life Art, the U.S. District Court for the Northern District of Alabama recently considered the issue of whether the University of Alabama had trademark rights in its school colors of “crimson and white.” Alabama’s board of trustees sued painter Daniel Moore, an artist renowned for his oil paintings of great moments in football history.
German Law on Inheritance and Gift Tax: New Regulations for Situs Taxation in Force
January 30, 2012 By WF Rechtsanwälte Frank & Collegen
Under § 16 (1) of the German Law on inheritance and gift tax a tax free amount on the taxable acquisition of up to €500 000 (depending on the degree of kinship) is generally granted. However, this exemption is only €2 000 if both the decedent and the beneficiary are not resident in Germany. The new law now allows to avoid choose the application of the full tax free amount if the beneficiary taxes his worldwide acquisition.
The Role of the Guardian Ad Litem in Personal Injury Cases Involving Minors
January 30, 2012 By Reifkind & Thompson, P.L.
Advice From Your South Florida Accident Attorney - When a personal injury case involves injuries to a minor due to the negligence of another, the resulting legal proceedings are somewhat different than a case involving an adult. Depending on the circumstances, the court may have to follow specific procedures in order to adequately safeguard the rights of the minor.
M.D.'s Say Severe Pressure Sore Wounds Should be Kept Moist
January 29, 2012 By Rosenfeld Law Offices, LLC
The sight of a severe pressure sore wound can be upsetting for both doctor and patient. Stage 3 and 4 pressure sores are hard to treat, and in some cases may cause great discomfort and pain. Fortunately for patients, doctors have many sophisticated wound dressings at their disposal, several of which are relatively pain-free.
Dermatologists must be Involved for Proper Bed Sore Care, Expert Says
January 29, 2012 By Rosenfeld Law Offices, LLC
Proper bed sore care often requires the expertise of many people. Doctors, nurses and family members all play a critical role in a patient’s healing. Sometimes, however, certain types of doctors might be especially well-suited to treat decubitus ulcers. In a recent report from Modernmedicine.com, an Ohio doctor argues that proper bed sore care must involve the regular supervision of a dermatologist.
Lawsuit Claims Texas Facility Ignored Patient’s Pressure Sores
January 29, 2012 By Rosenfeld Law Offices, LLC
In Galveston, Texas, a family is suing a Texas City-based nursing home, saying it failed to properly care for their family member’s severe pressure sores. The bed sores, the family claims, resulted in Christopher Murphy’s early death. According to court documents, Murphy was a patient at the Hearthstone at the Mainlandnursing home from May- September 2010.
Daughter Raises Questions after Father Dies from Bed Sore Complications
January 29, 2012 By Rosenfeld Law Offices, LLC
In Britain, the daughter of a man who died as a result of infected pressure sores is publicly raising questions about his death. “To know that more could and should have been done to prevent his suffering is simply unbearable,” said 32-year-old Louise Norton, in an interview with the Reading Post. “If by speaking out we can somehow force change, I will feel in some small way justice has been done.”
Tips for Ensuring Your Parent’s Proper Care and Prevent Complications Like Pressure Sores
January 29, 2012 By Rosenfeld Law Offices, LLC
If you’re an adult child of an elderly parent, you may already know that choosing a proper nursing home can be stressful. Carolyn L. Rosenblatt, nurse and author of the blog AgingParents.com, shares some tips on how to ensure your parent will always remain safe and healthy:
Government Program Aims to Reduce Hospital Re-admissions from Problems Such as Pressure Ulcers
January 29, 2012 By Rosenfeld Law Offices, LLC
A new government program unveiled on Wednesday, April 27, will aim to reduce hospital readmissions by 20 percent, according to NorthJersey.com. The initiative, an extension of the Patient Protection and Affordable Care Act passed March 23, will allot more than $1 billion to help fund “demonstration projects” over the next three years.
Are the Development of Bed Sores at a Nursing Home Considered to be a Form of Nursing Home Abuse?
January 29, 2012 By Rosenfeld Law Offices, LLC
The Administration on Aging, defines elder abuse as the intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. Obviously, using the the government’s definition, many forms of mistreatment - intentional and negligent may be considered abusive.
Neglect and Medical Malpractice Alleged in Wrongful Death Case involving Decubitus Ulcers during Admissions
January 29, 2012 By Rosenfeld Law Offices, LLC
Philadelphia jurors have spoken in a case involving the development of decubitus ulcers during a hospitalization and deterioration during a subsequent stay at a nursing home. Not only did they speak up, but the jurors stood up in a loud way, slapping $5 million in punitive damages on top of a $1 million compensatory award against the Jeanes Hospital and Hillcrest Convalescent Home (Pennsylvania).
What are the Signs of Infection for People Who have Bed Sores?
January 29, 2012 By Rosenfeld Law Offices, LLC
People with advanced bed sores (stage 3 or stage 4) are particularly susceptible to developing infection– both in the wound itself and potentially systematically. In order to minimize risk of infection, care should be taken to keep the wound clean and dry. Dressings should be changed on a regular basis as ordered by a treating physician.
Pressure Sores are Needlessly Killing Nursing Home and Hospital Patients
January 29, 2012 By Rosenfeld Law Offices, LLC
Pressure sores (also referred to as bed sores, pressure ulcers, or decubitus ulcers) are an all too common and painful problem for nursing home residents. Most pressure sores are preventable and are caused by faulty care where the nursing home or hospital does provide adequate care to prevent and treat bed sores.
Are Bed Sores Acquired during a Nursing Home Admission an Indication of Poor Care?
January 29, 2012 By Rosenfeld Law Offices, LLC
Without much objection, bed sores have become an accepted way of life at some nursing homes. Today, patients, families and caregivers at some nursing homes view the development of bed sores as an inevitable part of the aging process. To the contrary, the majority of circumstances when a patient develops a bed sore during an admission to a nursing home is an indication of inadequate care or neglect.
Can Young People Develop Bed Sores during an Admission to a Medical Facility?
January 29, 2012 By Rosenfeld Law Offices, LLC
Absolutely. Bed sores are not a condition isolated to the elderly. In many circumstances younger patients in nursing homes and hospitals face many of the same risk factors that their contemporaries encounter: remaining in one position for extended periods of time, being kept in soiled linens for extended periods and general neglect by staff when they fail to appreciate the warning signs related to the early signs of a bed sore (also called: pressure sore, pressure ulcer, decubitus ulcer).
Bed Sores Continue to Plague Patients in Chicago Nursing Homes and Hospitals
January 29, 2012 By Rosenfeld Law Offices, LLC
Even in large metropolitan areas like Chicago, IL patients in nursing homes, hospitals and other types of senior living facilities continue to suffer from a medical complication that has been around as long as history books have been written— bed sores.
Are You Ready for a Divorce in Jamaica
January 29, 2012 By Yualande Christopher & Associates
Find out of you are ready for a divorce. I don't think my wife likes me very much, when I had a heart attack she wrote for an ambulance.- Frank Carson “You don't know a woman till you've met her in court.”- Norman Mailer In the absence of sound legal advice from a competent divorce lawyer a divorce can be an emotionally traumatic and financially taxing experience. Most clients who come to see us during their consultation session are asked a series questions to determine their divorce readiness.
Navigating Workers' Compensation Insurance Premium Disputes
January 27, 2012 By Arthur J. Levine, Ph.D., J.D., CPCU, ARM
Summary - Workers comp premium disputes can be complex, expensive, protracted, and divisive. They may require the involvement of several administrative and adjudicative bodies, including a rating bureau, one or more state agencies, and courts. Premium disputes also frequently impair or disrupt otherwise desirable business relationships among insurers, brokers, and policyholders. Increased mediation and arbitration to resolve premium disputes would reduce costs and preserve relationships.
The Looming Economic Collapse and Bankruptcy
January 27, 2012 By JK Law - Jonathan Kline, Attorney at Law
It is no secret that the United States faces an ultimate challenge to revamp its economy and pay off its debts. Some “Dooms Day” advocates are actually predicting when the looming collapse of our financial demise will come. This debtor most likely has read some of the Dooms Day prophecy and reported this stance on his personal economic outlook when he wrote in a bankruptcy forum discussion, “My wife and I have about $20-24k in CC debt.
The Employment Rights of Disabled Workers in the State of California
January 27, 2012 By Mesriani Law Group
Disability discrimination in the workplace is illegal in the California. In the State, there are two laws prohibiting covered employers from discriminating against employees as well as applicants based on their physical or mental disability.



