Legal Articles Written by HG.org
Thinking about succession planning for any business can be difficult for any business owner. However, the topic can be particularly difficult for owners of family businesses. They may have established the business themselves and want to pass it down to maintain their legacy, or the business may have passed several generations. Carefully considering a number of factors can help the business owner make conscious decisions about the future of his or her business.
Arson investigations occur when a building that has caught fire may be suspicious. A person that either owns the property or has insurance on the real estate may be suspected of causing the first that burned it down.
It is important to understand what a life estate is with property and how it affects a person. With this, the rights of an individual applied to these situations must be fully comprehended so that mistakes are not made. A life estate is usually property that has been acquired during the lifetime of a person with his or her ownership only lasting through the time he or she lives.
In family court, there are several types of orders that affect different persons in various manners. Some of these are temporary, and it is possible to see temporary orders become permanent or final orders. This is due to the numerous issues that must be sorted, understood and completed during divorce, custody and other problems with the family.
Disclosure is vital in real estate, mortgages and all other manner of transactions. When the disclosures are not performed correctly, it is possible that severe complications may arise, and legal action may transpire. However, there are several guidelines and rules that should be adhered to so that these difficult situations may be averted.
Child support for fathers and mothers that are required to pay for the primary custody holder is usually based on certain factors implemented by each state depending on where the child lives. This extends to various other situations that may include joint or split custody, impaired children, special needs children and disabled adult children.
Employers started purchasing workers’ compensation packages in accordance with some state laws in addition to protecting management and the company from liability in worker accidents.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
When creating a Limited Liability Company, there are many questions that need to be answered before progressing too far into the contracts, agreements and operations of the business.
For real estate transactions, deeds are necessary to transfer the title of ownership from one individual to another. The contract drafted for these dealings sets terms and conditions of the arraignment, but the buyer has no valid property ownership until the proper deed has been supplied and accepted.
The Defend Trade Secrets Act was initially implemented as law in 2016. It provides for a federal, private, civil cause of action for any trade-secret misuse or theft where someone that owns a the trade secret may bring civil action through a lawsuit if the trade secret information that is connected to a product or service that has been put into use for interstate or oversees business.
After acquiring the United States trademark, it may be possible to obtain the same protections globally through an international trademark for the brand of a company.
A fraudulent transfer could occur when a creditor involved in a real estate transaction has participated in either an unfair or invalid financial transaction with the property. This may transpire through financing arrangements or similar circumstances.
There are various crimes involved in car sales. Odometer fraud is one of these, and it does permit the new owner certain actions when he or she discovers the crime. Even though this is not a legal action, there may only be so much time to pursue a course after the odometer issue is revealed.
When an insurance company has denied coverage, is unwilling to provide a settlement and similar matters, an insurance company may be involved in bad faith claims. This means the carrier is attempting to get out of providing entitled monetary compensation for a policy that has coverage of the damage caused by the incident.
Child support is collected from the parent that earns the most income from work or other projects. The amount and stipulations on what is considered part of this may vary state by state, and there are various factors that determine how much is garnered from the individual for spousal or child support.
Since Facebook’s launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the basis for a lawsuit.
Arson usually involves at least one other crime when committed such as insurance fraud. This happens when the person that sets the fire also has an insurance policy on the building and causes the immolation for the settlement the carrier would provide.
There are certain regulations and stipulations to the Internal Revenue Service with laws in the United States that may restrict travel or the ability to obtain a passport when taxes have not been paid. This usually involves tax debt that has been accruing or that has not been completely paid off for past taxes due.
Class action lawsuits are common place in the United States due to numerous complications with a variety of victims that are all harmed by a organization or corporation. It is important to attach to the main action if the person has similar circumstances and may be proven to be involved.
The foreclosure process is often long and arduous for someone that could not keep up with mortgage payments or other liens on the home. However, for those in the middle of this procedure, there may be options open in how to proceed without losing everything.
Parents of a child may be unmarried, but they may still sign a Declaration of Paternity. This provides the legal benefits and rights of being the father of the youth in a relationship. Any male that signs this document does so voluntarily, as it is not required for any individual to sign a Declaration of Paternity for any reason.
When all the rights of someone that is on a lease or a tenant of a residence are transferred to another person, an assignment of lease is accomplished. These are title documents as well as the process, and it is the rights of possession that are moved to the other individual.
Yo-yo financing is detrimental to those affected by these situations, and it occurs through a deal with the car dealership when the financing falls through even if the person was told he or she is approved at the company.
Nondisclosure agreements are crucial in keeping business secrets from others, competitors and the public. When there are practices, processes, ingredients and numerous other items that must not be disclosed to anyone other than those directly involved in the methods and actions of creating products, services or disseminating information, it is vital that these secrets are kept within the confines of the company walls or with those safe and secure in the organization.
One highly contentious aspect of a divorce is spousal support. Spousal support may be awarded in a divorce action which involves one spouse making monetary payments to the other spouse for a specified duration of time. A court may order spousal support, or the parties may make an agreement pertaining to how much, for how long and under what conditions spousal support will be paid, if at all.
Arson is the crime of intentional, willful and actively burning a building or similar structure. When someone causes this to occur, he or she may also be involved in other crimes.
Developing trademarks for brands is essential for companies and businesses in the United States. It is important to apply with the knowledge that a trademark takes certain steps, requires time and must be reapplied for once the initial time limit has passed.
In order to asset the legal professional privilege clients are entitled to for most legal matters, this means that the communications between the legal representative and the client are protected from being disclosed to others without the expressed consent of the client.
When dealing with an auto dealership to purchase a vehicle, it may be possible to request a CarFax report. However, this may only be possible if the vehicle is registered and has a file with the website.
Carfax reports may not reveal all the details of a vehicle that is being sold. However, if reparations are not made with the company, those managing it may be liable for damages or criminal charges such as fraud.
White collar crimes are typically non-violent crimes that involve some type of deceit that yields a monetary gain for the perpetrator. As opposed to other crimes, white collar crimes are usually committed by individuals in professional positions of trust. It is this position and assumed respectability that allows individuals to commit these crimes.
The protections afforded trademarks have extended to potentially offensive symbols, phrases and words. Using these brands with a trademark safeguard behind them may lead to outrage and other concerns in the public.
When someone has decided that a business should be created, he or she then must determine several things. Of these, the most important is often the matter of funding. There are various sources of possible money to invest and startup a new business, but each method must be researched and understood before moving forward.
Interns are used widely in companies where these individuals learn the tips, tricks, procedures and processes within a company so that they may be hired on with the experience needed to do the job at the hiring point. However, many internships are unpaid, and numerous persons that work through an internship do so at the behest of a college course.
It may be important to obtain a land trust so that assets may be protected in a number of ways. These are private agreements where the trustee permits to holding the title of a property so that another party may benefit. This person or beneficiary is usually the individual that creates the trust and is generally the original titleholder of the property in this agreement.
The parent with the most income from a career or when taking on financial projects is usually the one tasked with paying child support for the person that has primary custody. This is usually the father, but in some circumstances, the mother is the individual that must provide monetary support.
It is important to enter into divorce proceedings honestly and with as little complication as possible. This means that animosity should be avoided so that the processes may be completed quicker and without conflict. However, financial misconduct may cause severe consequences for the perpetrator. This occurs when the spouse hides assets from the marriage during the divorce procedures in court.
Condo associations may provide a number of convenience services for their tenants, including accepting delivery of packages on tenants’ behalf. However, there may be limitations to these services or times when these services are curtailed. Understanding condo association rules and governing principles can help a person understand his or her rights and options if a service is not provided.
When starting a business, the name is often one of the most important aspects to consider. This could become the brand of the company, and it is what customers and clients remember when they leave the building or employees after purchasing a product or service. This means that choosing the name is typically a painstaking process that takes time.
Many individuals have determined that rental properties are a great investment. This means that many persons have either placed money into property that has already been built for rental agreements, or they have invested in the construction and entire process from the beginning.
Social Security Disability is available to those that are elderly, disabled or have qualified for the benefits. There are many specific requirements, and it is easy to miss a filing deadline that may cancel or limit monetary assistance.
Cruise ships sail in the open water to various destinations. If an accident occurs onboard that causes injury, it may become difficult to know who is responsible. When in another country, the guilty party becomes even more difficult to determine.
Digital marketing and an online presence are utilized by many companies to take advantage of the growing need for the internet connection to an increasing e-commerce world. Because of this, the Federal Trade Commission is pressed to implement guidelines and strategies that are morally and ethically responsible.
Like virtually every other activity Americans engage in on a daily basis, even video games are subject to the restrictions and protections of the law. This is also an area of increasing interest as hundreds of new companies come into the video game market every year by developing the wildly popular game apps played on mobile phones and tablet devices.
Americans have a non-explicit right (often called a “penumbra right”) to privacy. We find its origins in things like the right against self-incrimination, the right against illegal search and seizure, etc. In the modern era, the general nature of a right of privacy is the right of a person to be free from unwarranted publicity or the unwarranted appropriation or exploitation of that person's image, voice, or likeness.
The use and reproduction of another person’s copyrighted material could be severe or minor depending on various factors and how much of a violation the action is. There are numerous permissions to use copyrighted resources and materials, but it is important to understand these conditions fully before distributing works that have been copyrighted by an author.
A leasehold mortgage is possible when a lien is placed on the tenant’s interest with the lease, and it is used as collateral for the loan the individual obtained. This means that monies were sought for one reason or another, and it placed a lien on the property lease with a financial institution.
There are a variety of choices when building or creating a new business. When the individual has researched the topic extensively, he or she may still not know which is best. However, the decision may be more easily determined based on the differences rather than the similarities.
Most divorce proceedings rely on the documentation from the husband and wife, and these files need to be accurate. If there are any assets or liabilities still hidden, this could cause complications and eventually lead to another divorce procedure.
One of the most common types of consumer fraud is auto dealer fraud. A claim of this nature can arise from a number of misrepresentations, deceptive practices or other unethical or immoral behavior. When consumers feel scammed by auto dealers, they may consider hiring a lawyer.
There are often certain special considerations when a child with Autism is part of the process. These young persons usually require similar or the same schedules each day. Circumstances generally must follow a certain type of activity that is known, with individuals that the youth is used to and any changes to this may cause problems.
There are thousands of personal injury attorneys available to assist victims who are injured in accidents that are caused by negligent individuals and entities. However, there are vast differences between lawyers. Before hiring a personal injury attorney, interview several and inquire about the following matters.
Bank robbery is a crime with severe punishments because there is the intent to harm, the use of tools or equipment or the actual injury to others involved in these illegal acts. While federal charges may be issued, there must usually be some form of crossing state lines or an attack on government property.
Embezzlement occurs when someone that is trusted has illegally acquired access to either property or assets that are accessed or obtained through theft, misappropriation, defrauding or transferring the ownership to another.
Money Laundering usually occurs when money that has been acquired through criminal actions goes through a process with a legitimate company and becomes clean.
Bankruptcy fraud usually occurs when one of four types of crimes occurs. These may include someone owing money concealing his or her assets for they aren’t taken when declaring bankruptcy, falsification of forms being filed, multiple filings with false data or a bribing of a court official.
The antitrust laws in the United States are a collection of both federal and state regulations in place that control both the conduct and corporate business transactions.
Bribery is a crime that may cause someone to spent time in jail, have fines issued or more severe punishments because the individual has offered or accepted something of value for an exchange in influence over or with a governmental or public official, employee or other person of power.
The crime of racketeering occurs when organized groups of individuals are running businesses illegally, and these are called rackets. It may also transpire when a crime group utilizes valid companies or organizations to embezzle funds from where the employee is working.
There are laws against organized crime that Congress passed for Racketeer Influenced and Corrupt Organizations Law, RICO in 1970. Through this regulation, it is a federal crime if someone participates or makes any type of income from organized, illegal and illegitimate actions, also called racketeering.
Healthcare fraud is a serious crime that affects multiple individuals when someone engaging in an attempt to intentionally defraud the healthcare system for benefits, monetary compensation or other assets such as property.
Government fraud may be classified as an illegal action that has been committed intentionally in order to shift government funds to another avenue through some type of deception or scheme. It is the taxpayer that is affected because of these crimes.
When buying and selling a business, there are many provisions, conditions or covenants added to the contracts between the buyer and seller. Some of these could include various ways to treat the company after it has been sold, and others may affect the sale itself such as either the assets or equity being purchased by the new owner.
There are some exceptions available with anti-boycott provisions in place for exported materials. Many of these depend on the country, the product and other factors of the shipping such as the container, the vehicle and the manner of care given to the items.
There are situations where animals are permitted to remain while leashed, but if the owner has knowledge that the creature may bite, he or she may be liable for damages or a remedy to the circumstances.
Each state has different income tax procedures and amounts based on what has been implemented by the state legislation. In Colorado, the income tax rate has become a flat 4.63 percent no matter what income level bracket the individual is within. It is important to file taxes on or before April fifteen so that additional fees are not added to the filing process.
Applications and patents granted through the Patent Office are complicated, take time and usually require a great deal of money for the patent itself. However, no matter if the applicant is through a company or an individual attempting to obtain the patent for his own invention, once the United States Patent and Trademark Office has given a rejection for the application, it must be known what to do next.
International contracts may be full of various stipulations based on the countries included in the arrangements. This means that those involved must fully understand all the processes that affect the outcome of the dealings. Adjustments must be effective and efficient.
Any lien is usually a form of loan or type of legal holding or claim on a property that could be used for various items. Mechanic’s liens are most often used by subcontractors, suppliers and similar persons when there is a need for a remodel or to improve the property.
Splitting up a business when there are multiple owners is often both difficult and complicated for each individual as well as collectively. This affects the assets, liabilities, individual debts, joint debts, employees and operations. When there are no contractual terms that specify what to do, this very act could cause either the complete stop of daily transactions or the ruin of the company.
Real estate contracts are often complicated and full of terms that are beneficial to the seller with some good to the buyer. However, the fine print is often what may be the deal breaker or have the provisions the purchaser is in need of when buying a house or land. This usually means contingencies.
Cryptocurrency is another term for online currency options such as Bitcoin. This is a manner of exchange for payments and to ensure transactions for both consumer and business items online. While the general payment option is over the internet, there are transferrable processes between cryptocurrency and bank accounts.
Laws regarding breaks, lunches and other time off of standard job duties vary from one state to another. There are no usual laws in place federally that require a workplace to ensure that employees have a lunch time, but many regulations are in place that demand a worker has some time to eat and rest.
Our In-Network Hospital Moved a Patient to an Out-of-Network Hospital for Emergency Surgery, What Do I Do?
Medical insurance and stays at a hospital may become complicated when the patient is moved from one location to another. However, if the initial hospital changes from an in-network facility to an out-of-network place, this may affect insurance coverage rates and how much is owed on the final bill by the individual.
Real estate transactions may be ruined or wrecked by various different problems. Many of these are due to the seller and buyer not reaching the terms they feel most beneficial for each other, but it is possible to see a challenge to a deed, defects that cause issues and several other concerns come to light.
Domestic violence is a serious dynamic that happens in all states and crosses all racial, cultural and socioeconomic lines. It occurs when a person is in a certain relationship as defined under state law and inflicts certain physical harm or makes certain threats that rise to a criminal level.
When someone is stopped for suspicion of drunk driving, it is common for law enforcement to request the driver to take a breath test. This is the most common way for law enforcement agencies in Florida to determine a suspect’s blood alcohol level. However, these tests may not always be reliable. It is important for defendants who are facing drinking and driving related charges to understand how these machines work and what legal defenses may be available in their case.
In Florida, it is a crime to resist an officer who is carrying out a legal duty such as an arrest even if the resistance is not violent in nature. The elements for the crime can be complex and require a trained legal eye to respond to charges of this nature.
Divorce is often complicated for both parties, and any dependents involved find these situations difficult to cope through. For the assets and debts accrued through the lifetime of a marriage, the dividing of these is often complex and takes time to reveal who should get what.
Even though parents may not be married, they often have more rights than they are aware of when seeking some form of action such as child custody. There are many complications when attempting to become the primary care giver for a child, even if the person is a biological parent.
Finding funds when initiating the processes of building and creating a new business is often difficult work and may lead many to lose hope of starting something they feel passionately about. However, there are many potential investors that are of help to those that prove to be the right caliber.
Child support is often ordered in a divorce case or paternity action so that one parent provides financial support to the other parent for the benefit of their child. In many cases, a parent gets behind on his or her child support obligation. One of the ways that a parent may be able to influence the other parent to pay is by acquiring a lien on property that the paying parent owns.
Florida has a specific law that prohibits the cultivation of marijuana. Individuals who are convicted of this crime face serious penalties. Understanding the nature of these charges can help individuals formulate a defense to them.
When a couple is divorcing, they may disagree as to which property is separate and not subject to division as part of the divorce process and which property is community property and subject to division. Understanding the basic principles behind separate and community property as well as when separate property can become community property can make the parties more informed during this process.
Individuals who choose to rent a home have many factors to consider. By carefully considering these factors, they can protect their legal interests.
Contracts in business settings are standard and often necessary to protect the management, owner, employers and sometimes the customer. These documents cover any topic ranging from daily transactions to protecting an employee from a customer being injured.
Mortgages are the standard in obtaining financing or refinancing a home for repair, initial purchase and remodeling. It is not often that the usual homeowner as the funds to complete these transactions without financial assistance.
A bankruptcy filing has an immediate effect on pending lawsuits and existing judgments. However, filing for bankruptcy before someone obtains a judgment can have certain benefits. These benefits may prevent the enforcement or issuance of a judgment.
Mortgages of commercial or nonresidential property may be difficult to manage with different rules and regulations. When the object is a church, these circumstances become more complicated. Approval to mortgage a church building is often needed by the local or regional religious affiliation as well as the courts of the state.
My Workplace was Transferred to Tribal Lands Status and I was Terminated. Am I Protected by Tribal Laws?
Native tribes have different laws than local and state regulations applied to individuals that work on tribal lands and reservations. In many instances of laws being applied, the native nation has sovereign immunity. This is due to the tribal lands acting as a separate government than the federal government of the country. Various practices for employees may be applied differently due to these stipulations.
The United State Patriot Act was implemented to prevent and counteract terrorism in the country. Law enforcement officers and agencies are provided more power to patrol and protect national citizens in efforts to take down and eliminate threats.
The United States Patriot Act was implemented in 2001, and it has given law enforcement and other related agencies additional power to seek out, detain and seize citizens that may be suspected of terrorism and terroristic attacks on the country. Other laws have been passed that condemn and attempt to stop civil liberties from being impeded and infringed.
Buyers initiate a deal to purchase real estate with the intent to buy something that is maintained, kept up to standards and that is whole upon the date to move into it. However, when the property is rented or leased, it is the tenant that must ensure the real estate unit is kept in good condition even through the standard wear and tear.
Congress has decreed even though disparagement laws protect businesses from statements that may harm profits and revenue, the individual is able to post negative feedback online or in print when the information is truthful and valid. This may be accomplished for any product, service, provider and similar item no matter if an agreement was signed which prohibits the person from speaking up in this manner.
Many believe that the Constitution of the United States is under attack by new regulations, laws and changes to rules that affect the civil liberties of American citizens. When individuals are not permitted to state the truth in person, online or in print that may affect the profits of food industry companies, it appears to affect the freedom of speech granted by the Constitution.
Because of the Patriot Act and other laws that govern the food industry, it is not legal to provide statements and information that could affect the profits and revenue of these companies. However, there are ways to fight the Act and other regulations that are implemented to assist larger businesses.
Asylum is a special immigration status that allows someone to potentially stay in a country even though he or she did not qualify for immigration on other grounds. Asylum may be granted to individuals who are being persecuted for religious or political beliefs.
Hosting accounts are the housing of a website’s content. The files, photos, video and audio files are contained in these hosting accounts, and with the right coding and server information, a site may be viewed online for the public consumption. Some of these have password protected areas, some are membership based and some are available to everyone.
The name of a company is often one of the most important aspects of building a brand, a business and something to remember. The best organizations are known throughout the decades while smaller and minor companies are forgotten in a few short years.