Sunday, August 9, 2009
Repossession of Goods in the Context of the National Credit Act
The current economic climate has resulted in a proliferation of "cash strapped" consumers. Accordingly the purchase of a vehicle is very rarely a cash transaction. The obvious alternative is an installment sale agreement, whereby the vehicle is paid off over a period of time.As a credit agreement, an installment sale agreement is subject to regulation by the National Credit Act 34 of 2005 (NCA). The terms of the agreement are generally standard, providing for repayment of the capital plus interest, provided that upon the consumer's default, the credit provider is entitled to cancel the agreement and repossess and sell the vehicle in order to defray the outstanding balance owed by the consumer. With credit agreements such as installment sale agreements now being regulated by the NCA, the consumer is protected from abusive credit providers by a number legislative provisions providing for a plethora of consumer rights. But what happens when these protective provisions have the effect of unilaterally altering the terms of a credit agreement to the consumer's detriment? This was the very issue before the court in the matter of ABSA Bank Limited vs Pieter de Villiers and the Magistrate for the District of Simonstown (Case No 15692/07). The matter involved an application by a credit provider to repossess a vehicle purchased on installment sale. The court was charged with determining whether the provisions of the NCA entitled the credit provider (applicant) upon default by the consumer to apply for a final order authorizing attachment of the vehicle, without requiring the credit provider to first issue summons for cancellation of the agreement. In terms of the common law principles of law of contract, restitution, which in the context of the aforementioned matter constituted repossession of the vehicle, is the normal result flowing from the cancellation of a contract, and accordingly a credit provider seeking to repossess a vehicle upon default would be required to claim and successfully obtain cancellation of the agreement prior to attachment of the vehicle.
New Business Valuation Standards Affect Divorce Cases
Business valuation experts in family law cases rarely reach the same conclusion about the value of a business. Many times, the difference lies in the methods used to value the business and the information each accountant gathered. Because of this problem, new guidelines have been developed to increase the quality of valuation assignments. Although experts will no doubt continue to disagree about the value of businesses, at least now they will have to follow the same standards in valuing those interests.Effective January 1, 2008, the American Institute of Certified Public Accountants (AICPA) will require all of its members to follow new guidelines for business valuations, including those relating to marital dissolution actions. The AICPA developed the valuation standard – called the Statement on Standards for Valuation Services No. 1 (SSVS#1) – to improve the consistency and quality of practice among its members who perform valuations. SSVS#1 provides a comprehensive guideline for performing quality valuation services. Since AICPA has approximately 330,000 members, of which 2,500 hold the organization’s Accredited in Business Valuation (ABV) credential, most business valuation experts will be subject to the new standard as members of AICPA. SSVS#1 provides the following benefits:• Specifies generally-accepted valuation approaches.• Encourages the standardization of the contents and format of business valuation reports.• Describes the type of documentation that should be considered in the valuation process.• Adopts a glossary business valuation terms.When valuing a business, the expert should consider the three most common valuation approaches – the income approach (converting anticipated economic benefits into a present amount), the market approach (comparing the subject business to similar businesses that have been sold), and the asset approach (taking the value of the assets net of liabilities). The guidelines state that “rules of thumb” or industry guidelines are not a valuation method, but may be used as a reasonableness check against the results found under the other methods. Finally, the guidelines state that the expert must also consider whether adjustments should be made to the indicated value, including a discount for lack of marketability, a discount for lack of ownership control, or a premium for ownership control. If there is a conflict between SSVS#1 and published judicial or other authority specifying the valuation procedures to be used by the expert, then the expert should follow the published authority.
What Exactly is a White Collar Crime and how are they Defended?
Although there is no set definition of white collar crime, the term is used to characterize a number of nonviolent crimes of dishonesty. These crimes are committed by professionals or entrepreneurs under the veil of legitimate business activity. Today, there is a trend toward tougher punishment for white collar crimes. A recent example is the Bernard Madoff case where Madoff received 150 years in prison. This case is a good example of the effects white collar crime can have on our society. White collar crime can be charged in different ways depending on the illegal activity. Some criminal activities are prohibited by specific laws while others are prosecuted under one or more general laws criminalizing dishonest behavior. White collar crimes include: embezzlement, false statements, obstruction of justice, bribery, fraud (federal mail, wire, and bank fraud), federal perjury. Tax Crimes are often charged for failing to file a tax return or filing a false tax return because it is interfering with the administration of the internal revenue laws. Tax evasion has been effectively used to arrest and convict persons who have committed more serious offenses but the prosecutor didn't have enough evidence to press charges on those offenses. For example; Al Capone, Pete Rose and Sun Myung Moon.Computer Crime is an area of the law in which the government is constantly adding new offenses to keep up with the growth in new technologies. Federal and California Penal Codes include provisions covering computer crime such as contaminant into a computer system and using computers as part of a scheme to defraud. In some criminal trials, the prosecutor proves all the elements of a crime but the person accused is not punished because he or she has a valid defense. Some defendants accused of white collar crimes claim entrapment by the government by claiming they were induced to act, and would not have acted unlawfully otherwise. Another defense used by businesses is that a particular businessperson was acting alone without the authority of the company. Felonies and white collar crimes can carry the strictest punishments. Federal sentencing guidelines contain a method for calculating fines to be paid by organizations that commit crimes. Businesses that are found guilty of operating for a primarily criminal purpose incur fines equal to their total assets. California also has laws that allow the authorities to seize property connected with the commission of a crime. Due to the of lack of monitoring by our government ,our corporations', as well as individuals has resulted in numerous acts of white collar crimes both large and small. These acts have consequences to our society that will stay with this country for several years to come if not decade's.
Protections Disappearing for Older Workers
The Age Discrimination in Employment Act, passed by Congress in 1967, protects workers over the age of 40 from being discriminated against by their employers. In 2008, the number of age discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) increased by almost thirty percent over those in 2007. But, in Illinois, state and federal agencies that investigate such claims are backlogged and charges are expiring before an investigation even begins.The current economy has caused cuts across the board and the EEOC and the Illinois Department of Human Rights have not escaped from the squeeze. The result is that charges pile up for months and, if an employer is not interested in mediation, an employee has little recourse other than to request a right to sue letter and begin formal litigation.However, even the option of litigation is becoming less and less appealing. With recent Supreme Court decisions such as Gross v. FBL Financial Services employees with age discrimination claims must meet a higher standard of proof. Prior to this ruling, if an employee demonstrated that age was a factor in his/her termination, the employer would be required to show that the termination was not the result of age bias, but was for a legitimate reason. Now the burden is on the employee to show that age was the deciding factor in his/her termination. This shift in the law is especially troubling since the number of unemployed older workers is growing rapidly.
Thursday, July 30, 2009
Tricks for Optimal Paternity Testing
What many people know of paternity testing today consists of buccal swabs (cotton-bud like swabs, rubbed against the inside of the cheek) to gain DNA, which are then sent off to a laboratory in the post. Legal paternity testing, on the other hand, is a little different. There is no way for the government to ensure that a paternity test of this kind, carried out at home, has been carried out on the potential father and child in question. In order to eradicate confounding evidence the test must be carried out in the presence of a medical professional, who can vouch (legally) that the results are reliable.The main premise of legal paternity testing is that a legal or medical professional is present when the sample is taken, so that the court can be sure that the right individuals are being tested. This procedure is known as the 'Chain of Custody'. Once the samples are sent to a lab they can be tested inclusively, I.E. they can indicate the likelihood that a man is the father of a child, or they can be tested exclusively, I.E. to prove that a man is not the father of a child.
The Importance of Medical Negligence Claims
Incompetent medical care or lack of judgment - also known as clinical negligence - is a serious matter, and one that should never be tolerated by medical patients. Yet medical negligence is a common reality in the field of medicine, entailing anything from healthcare which deviates from accepted standards to practice that causes injury or death to the patient. However, while some cases of medical negligence are easily distinguishable, others can be more difficult for
How to File Bankruptcy? Here's a Tip
How to file for bankruptcy? Firstly you should know that you have 2 options available to you when you are thinking about declaring personal bankruptcy, Chapter 13 and Chapter 7.Chapter 13 is the easiest bankruptcy to recover from, and allows you to keep your property. Many people opt for this to save their homes from being foreclosed. Chapter 13 will put an automatic stay on your creditors. This means that creditors will not be permitted to harass you or take any action to collect debts. This is providing that you do your part and present a valid financial plan, within 15 days of filing, to pay back your creditors. It is especially important to make sure that your monthly house payments will be taken care of, so that you will not face foreclosure.
DWI Breath Tests and Alcohol Consumption
DWI is an acronym for Driving While Intoxicated which in simple terms means drunk driving. When a person drives a car along with consumption of alcohol, he is being charged for drunken driving. In different countries the people are being charged as per the laws like depending on the age of the person who was driving the vehicle. Once a person is being found with DWI, he is charged as to what extent he was responsible for the accident. In addition to this, the police conduct some tests for the person being charged for the same taking into consideration the tolerance laws. In most of the countries, the tolerance laws are almost zero for the drivers ranging from age of eighteen to twenty one. Alcohol and Breath Tests Becoming uncooperative or rude in the situations when police conducts tests may prove to be against the interests of the charged person. So, it is always advised to cooperate with the police, as it does not matter to the police that what was the background of the person who was charged. Moreover, the refusal for the tests is also considered as a crime. The police conduct alcohol or breath tests so as to confirm that whether the person was undergoing DWI against the laws or not. The legal limit of alcohol also differs from vehicle to vehicle like for driving a truck the limit is 0.04%. The refusal for the tests can lead to suspension of the driver’s license for over a year.
Search Engines And Legal Issues
As search engines have grown as an industry, a number of lawsuits and legal issues have arisen in relation to them. The articles below have been organized by type of dispute. You can jump straight to a particular section using the links below. Two types of dispute categories, involving meta tags and multimedia content, are described on separate pages. Links for those categories, in italics, will take you to their pages. I've also been involved in some of these cases. A disclosure statement is at the bottom of the page.
Panama Real Estate Legal Problems
Panama Real Estate Broker Supplied Panama Corporation or Foundation – It all sounds great. You buy a home from them and they throw in the Panama Corporation. What they may not be telling you is how much money the renewal fees are going to be for the corporation starting in year two. We charge $695.00 in complete annual fees starting in year two for a corporation or foundation. We have seen others charge twice this amount. If you pay an extra $500.00 a year for 15 years that is $7500.00 extra you are paying for the house. An additional problem is the lack of attorney client privilege. A study of public records would reveal that many if not all of the owners of condos in your building used the same lawyer to form their company, remember they got the corporations for free. They look at who the resident agent is and see the match-ups. Then they see the real estate brokerage office has the same address of the lawyer and now they can get into your non-privileged real estate records and tie you to the corporation directly. If they are lazy all they need to do is drop in on the lawyer and talk corporation formation for real estate and wait until he refers them to the broker who is really paying him or her by salary. So getting this corporation or foundation for free may not be such a great savings since it puts a big hole in your asset protection structure.
Panama Real Estate – Legal Issues
In Panama there is a current real estate boom, or something that appears to be a boom. People are moving here and speculating on rapid price appreciation, also known as flipping. One needs to be careful about signing real estate contracts in Panama. Our law firm normally charges $300.00 to review a real estate contract and this is going to be money well spent. We can also use the contract negotiation process as a price negotiation vehicle as well.
Alternative fuel vehicle
Due to a combination of heavy taxes on fuel, particularly in Europe, tightening environmental laws, particularly in California, and the possibility of further restrictions on greenhouse gas emissions, work on alternative power systems for vehicles has become a high priority for governments and vehicle manufacturers around the world. Current research and development is largely centered on "hybrid" vehicles that use both electric power and internal combustion.
Other R&D efforts in alternative forms of power focus on developing fuel cells, alternative forms of combustion such as GDI and HCCI, and even the stored energy of compressed air. The use of alcohol as a fuel for internal combustion engines, either alone or in combination with other fuels, has been given much attention mostly because of its possible environmental and long-term economical advantages over fossil fuel. Both ethanol and methanol have been considered for this purpose.
While both can be obtained from petroleum or natural gas, ethanol may be the most interesting because many believe it to be a renewable resource, easily obtained from sugar or starch in crops and other agricultural produce such as grain, sugarcane or even lactose.
Other R&D efforts in alternative forms of power focus on developing fuel cells, alternative forms of combustion such as GDI and HCCI, and even the stored energy of compressed air. The use of alcohol as a fuel for internal combustion engines, either alone or in combination with other fuels, has been given much attention mostly because of its possible environmental and long-term economical advantages over fossil fuel. Both ethanol and methanol have been considered for this purpose.
While both can be obtained from petroleum or natural gas, ethanol may be the most interesting because many believe it to be a renewable resource, easily obtained from sugar or starch in crops and other agricultural produce such as grain, sugarcane or even lactose.
Tuesday, July 21, 2009
Cohorts, Trials, and Evidence: Expanding Our Confidence in Guidelines for Antiretroviral Resistance Testing
Practice sometimes gets ahead of the evidence. Physicians frequently base decisions on evidence with less strength than the "gold standard" of prospective randomized trials with clinical end points. Care guidelines may advocate such decisions on the basis of preliminary research, expert opinion, and data derived from clinical cohorts. Reliance on imperfect evidence is not necessarily a problem, particularly if the intervention is plausible given the current understanding of disease pathogenesis (face validity). Recommendations based on such evidence are more likely when treatments or diagnostic technology advance so rapidly and become so widely accepted that the equipoise needed for randomized trials is lost. In this case, trials simply are not feasible. In this issue, Palella and colleagues (1) address an example of this problem.
HIV can become drug resistant when it is allowed to replicate in the presence of antiretroviral agents (2). Drug resistance can limit treatment benefit and often requires a change in the prescribed regimen (3). Drug-resistant retroviruses can also be transmitted (4), potentially compromising the host's response to drugs to which HIV is already resistant. Awareness of these facts emerged shortly after antiretroviral drugs were developed and the technology for detecting drug resistance became widely available (5). The 2 types of HIV drug resistance assays are genotyping and phenotyping. Genotyping, the faster and less expensive method, reports genetic mutations known to be associated with resistance, whereas phenotyping tests the ability of the virus to grow in the presence of specific antiretroviral drugs (6). These tests rapidly penetrated the marketplace of HIV care. They were accurate; their conceptual foundation closely resembled bacterial resistance testing, which was already widely accepted; and testing was plausible within the framework of the biology of HIV infection. Whether routine testing for drug resistance improved mortality, however, was never rigorously tested in randomized trials. Despite this shortcoming, many guidelines recognize HIV drug resistance testing to be a cost-effective standard of care (7, 8) at baseline in untreated persons to detect transmitted drug resistance and in cases of recurring viremia after initial suppression of chronic infection (9–11).
HIV can become drug resistant when it is allowed to replicate in the presence of antiretroviral agents (2). Drug resistance can limit treatment benefit and often requires a change in the prescribed regimen (3). Drug-resistant retroviruses can also be transmitted (4), potentially compromising the host's response to drugs to which HIV is already resistant. Awareness of these facts emerged shortly after antiretroviral drugs were developed and the technology for detecting drug resistance became widely available (5). The 2 types of HIV drug resistance assays are genotyping and phenotyping. Genotyping, the faster and less expensive method, reports genetic mutations known to be associated with resistance, whereas phenotyping tests the ability of the virus to grow in the presence of specific antiretroviral drugs (6). These tests rapidly penetrated the marketplace of HIV care. They were accurate; their conceptual foundation closely resembled bacterial resistance testing, which was already widely accepted; and testing was plausible within the framework of the biology of HIV infection. Whether routine testing for drug resistance improved mortality, however, was never rigorously tested in randomized trials. Despite this shortcoming, many guidelines recognize HIV drug resistance testing to be a cost-effective standard of care (7, 8) at baseline in untreated persons to detect transmitted drug resistance and in cases of recurring viremia after initial suppression of chronic infection (9–11).
Meta-analysis: Can Helicobacter pylori Eradication Treatment Reduce the Risk for Gastric Cancer?
Helicobacter pylori infection is associated with an increased risk for gastric cancer. Fuccio and coworkers reviewed 7 randomized trials that compared eradication treatment withno treatment in H. pylori–positive patients and assessed subsequent gastric cancer or progression of preneoplastic lesions. Overall, 37 of 3388 (1.1%) treated patients developed gastric cancer compared with 56 of 3307 (1.7%) untreated control participants. In a pooled analysis of 6 studies, the relative risk for gastric cancer was 0.65 (95% CI, 0.43 to 0.98). Helicobacter pylori eradication seems to reduce gastric cancer risk.
Computer-Assisted Screening for Intimate Partner Violence and Control: A Randomized Trial
Intimate partner violence and control (IPVC) often goes unnoticed by health care systems, and screening is often difficult to implement. Ahmad and colleagues randomly assigned adult women at a single Canadian family practice clinic to a computer survey of questions about IPVC or to usual care. When a computer-generated report detailing patients' responses to the survey was attached to medical charts, family practitioners were more likely to ask about and detect IPVC. Computer-assisted screening for IPVC led to improved detection in a busy ambulatory care setting
Predicting Deep Venous Thrombosis in Pregnancy: Out in "LEFt" Field?
The clinical predictors of deep venous thrombosis (DVT) are well known in the general population but not in pregnant women. Over 7 years, clinical thrombosis experts enrolled 194 pregnant women with suspected DVT in 5 Canadian centers, evaluated them, and did leg vein compression ultrasonography. Seventeen (8.8%) women had DVT. All had at least 1 of the following clinical predictors: left leg symptoms, difference in calf circumference of 2 cm or more, and presentation during the first trimester of pregnancy. These 3 variables may improve the accuracy of DVT diagnosis in pregnancy.
Predicting Deep Venous Thrombosis in Pregnancy: Out in "LEFt" Field?
The clinical predictors of deep venous thrombosis (DVT) are well known in the general population but not in pregnant women. Over 7 years, clinical thrombosis experts enrolled 194 pregnant women with suspected DVT in 5 Canadian centers, evaluated them, and did leg vein compression ultrasonography. Seventeen (8.8%) women had DVT. All had at least 1 of the following clinical predictors: left leg symptoms, difference in calf circumference of 2 cm or more, and presentation during the first trimester of pregnancy. These 3 variables may improve the accuracy of DVT diagnosis in pregnancy.
Sunday, July 19, 2009
Daylight Robbery! The Legal and Illegal Use of Web Graphics
The issue of the legal usage of Web graphics, along with other materials such as code blocks, documents, and other Web design resources, has affected Web designers since the first few public sites began appearing in 1993. Every Website that appears on the Net – currently well over two million, if memory serves – has to grapple with this issue. Granted, the simplest thing to do is create all new and original Web graphics for any site, but that isn’t always an option. Plenty of commercial and personal Website creators out there can’t create graphics for themselves, and plenty of businesses don’t have access to graphics wizards who can create snazzy graphics for them (or don’t want to pay for their services). Besides, look at all the graphics freely available on the Net, for cryin’ out loud! All you gotta do is right-click ‘em and save them to disk, right? Well, no. It isn’t that simple.
This isn’t the first time that SitePoint has addressed this issue. Two recent articles, Tom Chaplin’s "Be Original", and Matt Mickiewicz’s "Copyright for the Webmaster" have appeared on Webmasterbase, and are used as references for this article.
Legal and Illegal Graphics Use
...an overview of the legality of Web graphics
The critical issue involved in this whole debate is ownership –- who owns what graphic? When can a particular graphic be used? And under which circumstances? Naturally, there isn’t an easy or all-inclusive answer. The answer(s) boil down to copyright ownership (and the same information applies to any other Web-based creations, including code blocks, documents, and of course programs and executable files).
In the United States, all programs, graphics, linkware, music, lyrics, writing, fonts, and so forth are protected by basic copyright law (P.L. 94-553), passed in 1976. This includes redistribution rights: only the owner of a Web graphic, document, program etc. can allow his or her work to be reprinted or used elsewhere. The owner determines all terms and conditions of the distribution and redistribution. In other words, just because Fred gives me permission to use his cool graphic on my site doesn’t mean you can use it. Neither can I give you permission to use it. What’s Fred’s is Fred’s. He decides who uses his work. If our hypothetical Fred is a professional graphics designer, a Website owner, or for any other reason concerned about the theft and illegal use of his work, he will create a “Terms and Conditions of Use” document to cover all the legal bases. Normally he does not have to register his work with the U.S. Office of Copyright to be protected under the law, but if he anticipates ever having to go to court to protect his interests, he should register his work just in case.
This isn’t the first time that SitePoint has addressed this issue. Two recent articles, Tom Chaplin’s "Be Original", and Matt Mickiewicz’s "Copyright for the Webmaster" have appeared on Webmasterbase, and are used as references for this article.
Legal and Illegal Graphics Use
...an overview of the legality of Web graphics
The critical issue involved in this whole debate is ownership –- who owns what graphic? When can a particular graphic be used? And under which circumstances? Naturally, there isn’t an easy or all-inclusive answer. The answer(s) boil down to copyright ownership (and the same information applies to any other Web-based creations, including code blocks, documents, and of course programs and executable files).
In the United States, all programs, graphics, linkware, music, lyrics, writing, fonts, and so forth are protected by basic copyright law (P.L. 94-553), passed in 1976. This includes redistribution rights: only the owner of a Web graphic, document, program etc. can allow his or her work to be reprinted or used elsewhere. The owner determines all terms and conditions of the distribution and redistribution. In other words, just because Fred gives me permission to use his cool graphic on my site doesn’t mean you can use it. Neither can I give you permission to use it. What’s Fred’s is Fred’s. He decides who uses his work. If our hypothetical Fred is a professional graphics designer, a Website owner, or for any other reason concerned about the theft and illegal use of his work, he will create a “Terms and Conditions of Use” document to cover all the legal bases. Normally he does not have to register his work with the U.S. Office of Copyright to be protected under the law, but if he anticipates ever having to go to court to protect his interests, he should register his work just in case.
Contracts of Employment - What They Mean to You
The Difference Between Employees and Contractors
To determine whether someone who's hired by a business is a contractor or an employee, courts consider a variety of factors:
If the work is done on the company premises
Who provides the tools and resources to complete the work
Who controls the work and work product
Duration of the relationship
Skill required
Whether the hiring party has the right to assign additional projects
The hired party's discretion over how long and when they work
The method of payment
The hired party's role in hiring and paying assistants
Whether the work is part of the regular business of the hiring party
Whether the hiring party is in business
Whether or not benefits are provided
The tax treatment of the hired party
A court will examine the facts and weigh each of the above to reach a conclusion. A legal agreement that sets forth the responsibilities of the parties involved can also help determine the result.
Approaches and Obligations: Employees vs. Contractors
The chart below outlines some of the differences in the ways your business should approach employees and contractors. You should note that:
employment law is very state-specific,
the information below can vary substantially for companies who handle projects for, and/or receive funding from, the government, and
you should definitely consult with an attorney for advice on these matters in your jurisdiction.
To determine whether someone who's hired by a business is a contractor or an employee, courts consider a variety of factors:
If the work is done on the company premises
Who provides the tools and resources to complete the work
Who controls the work and work product
Duration of the relationship
Skill required
Whether the hiring party has the right to assign additional projects
The hired party's discretion over how long and when they work
The method of payment
The hired party's role in hiring and paying assistants
Whether the work is part of the regular business of the hiring party
Whether the hiring party is in business
Whether or not benefits are provided
The tax treatment of the hired party
A court will examine the facts and weigh each of the above to reach a conclusion. A legal agreement that sets forth the responsibilities of the parties involved can also help determine the result.
Approaches and Obligations: Employees vs. Contractors
The chart below outlines some of the differences in the ways your business should approach employees and contractors. You should note that:
employment law is very state-specific,
the information below can vary substantially for companies who handle projects for, and/or receive funding from, the government, and
you should definitely consult with an attorney for advice on these matters in your jurisdiction.
The 10 Confidentiality Commandments
Commandment #1. Shut Up
If I had a dollar for every time I heard ideas carelessly disclosed, I’d be so rich, I wouldn’t have time to write these articles.
Bragging, brainstorming, trying to impress the opposite sex, and blowing off steam are all bad reasons to disclose information you’re trying to protect. Think before you talk.
Commandment #2. Look Who’s Talking
Consider who you’re talking to about your product or information. Is the person:
a competitor who would greatly benefit by stealing the idea or product,
a customer who will be helped by the idea or product, or
a business partner whose own business would be complemented by your success?
The other side’s interests should always be kept in mind. Also, be aware of the person’s role within their company. Dealing with a CEO is entirely different than dealing with a programmer or sales person.
Remember to also consider an employee’s personal interests in having the information. For example, the head of product of development might think she would get a promotion if she presented your idea for a new product line to the company as her own.
Commandment #3. Know When to Talk
Don’t disclose everything in the first meeting: disclose information in increasing amounts as the deal progresses. Be sure that the balance of power in the deal remains relatively even in terms of oral commitments, commitments through information disclosure, and money or contracts. The information disclosure should start with general concepts and progress to more detail at the contract stage.
Commandment #4. Take Note and Don’t Ramble
If you really want to protect information, be sure to keep careful notes on what, when and where information was disclosed, and who was present at the meetings. These records can be extremely helpful if you ever end up in court, but virtually no one keeps them. If you do, you’ll probably be the only one with a written record.
Always disclose the minimum degree of detail necessary to close the deal, without being fraudulent or misleading. This allows you maintain the most control over your product or idea, and protects your options to change timelines or other details if needed.
However, saying the minimum required does not mean withholding material information that substantially affects the deal. For example, if your idea requires FDA approval, and does not have it, it would be wiser to disclose this up-front rather than wait for this bomb to blow up after the deal is nearly or totally completed. If a party feels angry or mislead, then trust is broken, and, contract or not, it will be hard to proceed productively.
Commandment #5. Understand the Risks of Disclosing
The disclosing party risks (a) disclosure of such information to its competitors; (b) disclosure of the information to the public; and/or (c) use of such information to compete or gain market advantage against the disclosing party.
Commandment #6. Understand the Risks of Receiving
A surprising fact is that the party that receives information often takes a greater risk than that which discloses it.
A good example of this risk is a movie studio. Script writers are dismayed to discover that studios not only refuse to sign a confidentiality agreement, but typically make the submitter sign an agreement stating that if the studio later develops something that looks like his or her idea, the submitter agrees not to challenge this.
Consider the studio’s perspective. Studios are in the business of coming up with ideas and making them into movies. Every time the studio receives a script or a pitch, it receives an idea. If a studio were to agree to keep this information confidential and that the submitter owned the idea, the studio would be subjecting itself to potential law suits for every idea submitted, even those already developed by employees who have never seen or heard of the submission.
In court, the studio would have the burden of showing that despite the receipt of the submission, the employees who developed the similar idea never saw or received any information from the submission. This would be virtually impossible for the studio to prove, and costly when multiplied by the huge number of submissions received. For studios, venture capitalists and other groups that work with large numbers of ideas, it may simply be too risky for them to sign a confidentiality agreement. Remember that in these circumstances you are usually the less powerful party, and thus the other side will force you to assume more risk.
If I had a dollar for every time I heard ideas carelessly disclosed, I’d be so rich, I wouldn’t have time to write these articles.
Bragging, brainstorming, trying to impress the opposite sex, and blowing off steam are all bad reasons to disclose information you’re trying to protect. Think before you talk.
Commandment #2. Look Who’s Talking
Consider who you’re talking to about your product or information. Is the person:
a competitor who would greatly benefit by stealing the idea or product,
a customer who will be helped by the idea or product, or
a business partner whose own business would be complemented by your success?
The other side’s interests should always be kept in mind. Also, be aware of the person’s role within their company. Dealing with a CEO is entirely different than dealing with a programmer or sales person.
Remember to also consider an employee’s personal interests in having the information. For example, the head of product of development might think she would get a promotion if she presented your idea for a new product line to the company as her own.
Commandment #3. Know When to Talk
Don’t disclose everything in the first meeting: disclose information in increasing amounts as the deal progresses. Be sure that the balance of power in the deal remains relatively even in terms of oral commitments, commitments through information disclosure, and money or contracts. The information disclosure should start with general concepts and progress to more detail at the contract stage.
Commandment #4. Take Note and Don’t Ramble
If you really want to protect information, be sure to keep careful notes on what, when and where information was disclosed, and who was present at the meetings. These records can be extremely helpful if you ever end up in court, but virtually no one keeps them. If you do, you’ll probably be the only one with a written record.
Always disclose the minimum degree of detail necessary to close the deal, without being fraudulent or misleading. This allows you maintain the most control over your product or idea, and protects your options to change timelines or other details if needed.
However, saying the minimum required does not mean withholding material information that substantially affects the deal. For example, if your idea requires FDA approval, and does not have it, it would be wiser to disclose this up-front rather than wait for this bomb to blow up after the deal is nearly or totally completed. If a party feels angry or mislead, then trust is broken, and, contract or not, it will be hard to proceed productively.
Commandment #5. Understand the Risks of Disclosing
The disclosing party risks (a) disclosure of such information to its competitors; (b) disclosure of the information to the public; and/or (c) use of such information to compete or gain market advantage against the disclosing party.
Commandment #6. Understand the Risks of Receiving
A surprising fact is that the party that receives information often takes a greater risk than that which discloses it.
A good example of this risk is a movie studio. Script writers are dismayed to discover that studios not only refuse to sign a confidentiality agreement, but typically make the submitter sign an agreement stating that if the studio later develops something that looks like his or her idea, the submitter agrees not to challenge this.
Consider the studio’s perspective. Studios are in the business of coming up with ideas and making them into movies. Every time the studio receives a script or a pitch, it receives an idea. If a studio were to agree to keep this information confidential and that the submitter owned the idea, the studio would be subjecting itself to potential law suits for every idea submitted, even those already developed by employees who have never seen or heard of the submission.
In court, the studio would have the burden of showing that despite the receipt of the submission, the employees who developed the similar idea never saw or received any information from the submission. This would be virtually impossible for the studio to prove, and costly when multiplied by the huge number of submissions received. For studios, venture capitalists and other groups that work with large numbers of ideas, it may simply be too risky for them to sign a confidentiality agreement. Remember that in these circumstances you are usually the less powerful party, and thus the other side will force you to assume more risk.
Is Your Company Name Legal?
Trademarks Explained
The Purpose of Trademark Law
How does trademark help a consumer to identify a good or service? Consider this situation: a consumer wants to buy Calvin Klein Inc. jeans, and in doing so, she wants to know that they're designed or endorsed by Calvin Klein Inc.
The consumer has in her mind certain associations with the Calvin Klein business, based on advertising and her experiences with the company. For instance, when she bought a pair of their jeans in 1995, the zipper didn't work and the company replaced them without question. She also knows the brand's advertisements, which associate images of youthful hip people with the clothes. So when she sees Calvin Klein products, this consumer thinks of quality customer service and a hip image.
Trademark law allows Calvin Klein to stop other companies from using the Calvin Klein name or logo on products that are produced by someone else. If another company were allowed to freely use the Calvin Klein name, this could injure Calvin Klein Inc. How?
another company could sell at a lower cost because it could take advantage of the advertising by Calvin Klein without having to spend any money for such recognition
another company could offer good or services of lesser quality, which consumers would then associate with Calvin Klein Inc. -- thinking it was the source of the bad products or service, and
another company could make more money by either selling more goods at a lower price, or selling products at higher prices. Either way, they'd enjoy much lower overhead, as they wouldn't have to pay to produce and deliver high quality product, good customer service, and advertising.
These examples are the heart of trademark infringement.
When considering if there is "trademark infringement", the main question a court considers is whether the average consumer would be confused as to the source of the good or service.
What is a Trademark?
A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies goods or services. A service mark is the same as a trademark, but it identifies and distinguishes the source of a service, rather than a product.
Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A "tm" on a product indicates unregistered trademark rights and an "®" indicates a registered mark. It is illegal to place an "®" on a mark that does not have national registration.
The Purpose of Trademark Law
How does trademark help a consumer to identify a good or service? Consider this situation: a consumer wants to buy Calvin Klein Inc. jeans, and in doing so, she wants to know that they're designed or endorsed by Calvin Klein Inc.
The consumer has in her mind certain associations with the Calvin Klein business, based on advertising and her experiences with the company. For instance, when she bought a pair of their jeans in 1995, the zipper didn't work and the company replaced them without question. She also knows the brand's advertisements, which associate images of youthful hip people with the clothes. So when she sees Calvin Klein products, this consumer thinks of quality customer service and a hip image.
Trademark law allows Calvin Klein to stop other companies from using the Calvin Klein name or logo on products that are produced by someone else. If another company were allowed to freely use the Calvin Klein name, this could injure Calvin Klein Inc. How?
another company could sell at a lower cost because it could take advantage of the advertising by Calvin Klein without having to spend any money for such recognition
another company could offer good or services of lesser quality, which consumers would then associate with Calvin Klein Inc. -- thinking it was the source of the bad products or service, and
another company could make more money by either selling more goods at a lower price, or selling products at higher prices. Either way, they'd enjoy much lower overhead, as they wouldn't have to pay to produce and deliver high quality product, good customer service, and advertising.
These examples are the heart of trademark infringement.
When considering if there is "trademark infringement", the main question a court considers is whether the average consumer would be confused as to the source of the good or service.
What is a Trademark?
A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies goods or services. A service mark is the same as a trademark, but it identifies and distinguishes the source of a service, rather than a product.
Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services. A "tm" on a product indicates unregistered trademark rights and an "®" indicates a registered mark. It is illegal to place an "®" on a mark that does not have national registration.
Site Use Agreements - Is Your Site Safe?
When people ask me what I do for a living, I answer "Internet law". This statement is always followed by the question "What's that?", whereupon I reply, "Do you know those agreements on Websites, which no one reads, but on which we all click 'I agree'? I write those." This always gets a laugh, but it's also true.
They're actually pretty handy, those agreements, and not just for helping you fall sleep as you try to read them!
Those agreements are called clickwrap agreements, terms and conditions, user agreements... but they all serve a similar purpose. The term "clickwrap" has evolved from the word "shrinkwrap" which describes the agreements in shrunken font size that are often wrapped around software disk boxes or envelopes.
Do They Work?
Nearly everyone I speak to thinks that clickwrap agreements don't work. Sometimes that's true. It depends entirely on how the agreement is presented on the Website.
Case law sets forth conditions under which these agreements are binding. If a Website presents the agreement in accordance with the guidelines identified by the cases, there is a very good chance that the agreements would be upheld by a court as binding.
So They Do Work -- But Why Do I Care?
A contract is an agreement between two parties. The parties can agree to almost anything that isn't illegal (you can't agree to sell your kid, commit murder or other stuff that's "against public policy"). So in a clickwrap agreement, you can set forth all the possible restrictions on the use of your Website, and the purchase of products or services through it.
You can lower your business risks by limiting your liability for things that you might be sued for, and you can accomplish other helpful objectives, such as waiving warranties that are implied by law into the purchase of products, and choosing the location for litigating disputes.
Note, however, these two caveats. Firstly, with regards to persons under 18 who use your Website: when persons under 18 enter into a contract, they have the right to "disaffirm" it -- which means that you may not be able to enforce a contract against a person under 18. Therefore, you may want to restrict the use of your site to persons over 18.
They're actually pretty handy, those agreements, and not just for helping you fall sleep as you try to read them!
Those agreements are called clickwrap agreements, terms and conditions, user agreements... but they all serve a similar purpose. The term "clickwrap" has evolved from the word "shrinkwrap" which describes the agreements in shrunken font size that are often wrapped around software disk boxes or envelopes.
Do They Work?
Nearly everyone I speak to thinks that clickwrap agreements don't work. Sometimes that's true. It depends entirely on how the agreement is presented on the Website.
Case law sets forth conditions under which these agreements are binding. If a Website presents the agreement in accordance with the guidelines identified by the cases, there is a very good chance that the agreements would be upheld by a court as binding.
So They Do Work -- But Why Do I Care?
A contract is an agreement between two parties. The parties can agree to almost anything that isn't illegal (you can't agree to sell your kid, commit murder or other stuff that's "against public policy"). So in a clickwrap agreement, you can set forth all the possible restrictions on the use of your Website, and the purchase of products or services through it.
You can lower your business risks by limiting your liability for things that you might be sued for, and you can accomplish other helpful objectives, such as waiving warranties that are implied by law into the purchase of products, and choosing the location for litigating disputes.
Note, however, these two caveats. Firstly, with regards to persons under 18 who use your Website: when persons under 18 enter into a contract, they have the right to "disaffirm" it -- which means that you may not be able to enforce a contract against a person under 18. Therefore, you may want to restrict the use of your site to persons over 18.
Legal Issues for eCommerce Business
Incorporation
Why Incorporate? Incorporation means that your company is a separate legal and financial entity from yourself. It even has its own social security number for tax purposes, called a Federal Tax ID. Most people incorporate to limit their personal liability so that their personal assets are not at risk for debts of the corporation. For example, if your incorporated company was sued and lost the suit, the winner could not take your personal car or home.
Plus, of course, incorporating makes you look more professional, and often helps with your taxes. Also, if you plan to receive investment in your company, have employees, and grow to be more than a one-person show, incorporation is an important step that helps promote these future goals. While incorporation protects you in many regards, it does not protect you from any criminal charges by you or the corporation, which can come into play if, for instance, you run an adult or gambling business on the Internet.
Trademark
The trademark act, or "Lanham Act", 18 USC Sec. 1051 etc. is meant to ensure that consumers can correctly identify the sources of goods or services. A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of particular goods. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
Normally, a mark for goods appears on the product or its packaging, while a service mark appears in advertising for the services. A "tm" on a product indicates unregistered (common law) trademark rights, and an "®" indicates a registered mark. It is illegal to place an "®" on a mark that does not have national registration.
As your domain name and your branding is valuable, you should think in terms of trademark registration. This can be done later in the business process once you have more revenue available, but it is important to consider it upfront in choosing your domain name, company name, product and/or service name.
You don't want to use a name which is someone else's trademark, as they could sue you to stop your use, including taking the domain name. At the minimum, go to www.uspto.gov and run a trademark search for the names you're considering -- at least to get an idea of how many other folks there are who could possibly have a claim to the mark you intend to use. Be aware that getting few or no results does not mean that you're in the clear, due to the complexities of trademark law, and the fact that the USPTO database runs a year behind. However, taking these steps will still lower your risk.
When trying to determine whether you've picked a good name in relation to others' marks, remember that the point of trademark law is to prevent consumer confusion about the source of goods or services. Ask yourself whether a consumer would confuse your name with that of another product, service or company.
Why Incorporate? Incorporation means that your company is a separate legal and financial entity from yourself. It even has its own social security number for tax purposes, called a Federal Tax ID. Most people incorporate to limit their personal liability so that their personal assets are not at risk for debts of the corporation. For example, if your incorporated company was sued and lost the suit, the winner could not take your personal car or home.
Plus, of course, incorporating makes you look more professional, and often helps with your taxes. Also, if you plan to receive investment in your company, have employees, and grow to be more than a one-person show, incorporation is an important step that helps promote these future goals. While incorporation protects you in many regards, it does not protect you from any criminal charges by you or the corporation, which can come into play if, for instance, you run an adult or gambling business on the Internet.
Trademark
The trademark act, or "Lanham Act", 18 USC Sec. 1051 etc. is meant to ensure that consumers can correctly identify the sources of goods or services. A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of particular goods. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
Normally, a mark for goods appears on the product or its packaging, while a service mark appears in advertising for the services. A "tm" on a product indicates unregistered (common law) trademark rights, and an "®" indicates a registered mark. It is illegal to place an "®" on a mark that does not have national registration.
As your domain name and your branding is valuable, you should think in terms of trademark registration. This can be done later in the business process once you have more revenue available, but it is important to consider it upfront in choosing your domain name, company name, product and/or service name.
You don't want to use a name which is someone else's trademark, as they could sue you to stop your use, including taking the domain name. At the minimum, go to www.uspto.gov and run a trademark search for the names you're considering -- at least to get an idea of how many other folks there are who could possibly have a claim to the mark you intend to use. Be aware that getting few or no results does not mean that you're in the clear, due to the complexities of trademark law, and the fact that the USPTO database runs a year behind. However, taking these steps will still lower your risk.
When trying to determine whether you've picked a good name in relation to others' marks, remember that the point of trademark law is to prevent consumer confusion about the source of goods or services. Ask yourself whether a consumer would confuse your name with that of another product, service or company.
Logic Sold Separately - Legal Issues for Developers
Of what stuff is a Website made? Or, more to the point, of what stuff is it not made? To me, that was the real legal question when a colleague consulted me about a dispute involving his client, a Web host-turned-developer.
The client had recently expanded and upgraded its in-house technical resources. However, it had neglected to refocus its legal mindset to reflect the technical shift it had made from building simple Websites, to developing powerful, software-driven sites and Web-based software. That oversight resulted in ill-suited contracts, and eventually jeopardized the company's copyright to a valuable source code library that it leveraged in projects for many different clients.
Fortunately, if you allow your technical insights to guide you in drafting contracts, you should be able to avoid this company's mistakes.
Whose Site Is It? What’s a Site Anyway?
Very often a customer will demand ownership of the intellectual property rights to a Website it orders. A customer can well argue that it would be tethered to the developing host if it didn’t own the site. This is a deceptively powerful argument that, in fairness, is difficult for many developer-hosts to refute. But therein lies a trap.
What does the customer bargain for when it orders a Website? What does the developer-host offer? With changes in Web development technology, the answers to these questions may not be as clear these days as they once were.
The client had recently expanded and upgraded its in-house technical resources. However, it had neglected to refocus its legal mindset to reflect the technical shift it had made from building simple Websites, to developing powerful, software-driven sites and Web-based software. That oversight resulted in ill-suited contracts, and eventually jeopardized the company's copyright to a valuable source code library that it leveraged in projects for many different clients.
Fortunately, if you allow your technical insights to guide you in drafting contracts, you should be able to avoid this company's mistakes.
Whose Site Is It? What’s a Site Anyway?
Very often a customer will demand ownership of the intellectual property rights to a Website it orders. A customer can well argue that it would be tethered to the developing host if it didn’t own the site. This is a deceptively powerful argument that, in fairness, is difficult for many developer-hosts to refute. But therein lies a trap.
What does the customer bargain for when it orders a Website? What does the developer-host offer? With changes in Web development technology, the answers to these questions may not be as clear these days as they once were.
Friday, July 17, 2009
Medical Malpractice and Hospital Negligence
Medical Malpractice and Hospital Negligence
Clifford Law Offices has handled medical malpractice claims involving every medical specialty. In this era of health care change and turmoil, Clifford Law Offices' commitment is unwavering in responding to consumer rights and awareness. In litigating these lawsuits (which often arise from product liability claims of defective medical devices as well), the firm develops the cases beyond the line of improper treatment, diagnosis and surgery and investigates if medical products and drugs were involved. Clifford Law Offices, recognized as one of the top medical malpractice firms, determines the liability of any health maintenance organization as well as doctors, nurses, pathologists and other health care workers.
With one attorney-nurse on staff, as well as nurses with a legal background working behind the scenes, Clifford Law Offices offers in-depth medical insight to its clients and referring attorneys. For counsel from established Chicago birth injury lawyers, Chicago brain injury lawyers, or other experienced medical malpractice lawyers, talk to Clifford Law Offices.
Clifford Law Offices is a Chicago law firm that combines innovative legal theories with computer-assisted research of the latest medical and pharmaceutical material to meet the needs of its clients throughout the country.
Birth Injury
Brain Injury
Spinal Cord Injury
Clifford Law Offices has handled medical malpractice claims involving every medical specialty. In this era of health care change and turmoil, Clifford Law Offices' commitment is unwavering in responding to consumer rights and awareness. In litigating these lawsuits (which often arise from product liability claims of defective medical devices as well), the firm develops the cases beyond the line of improper treatment, diagnosis and surgery and investigates if medical products and drugs were involved. Clifford Law Offices, recognized as one of the top medical malpractice firms, determines the liability of any health maintenance organization as well as doctors, nurses, pathologists and other health care workers.
With one attorney-nurse on staff, as well as nurses with a legal background working behind the scenes, Clifford Law Offices offers in-depth medical insight to its clients and referring attorneys. For counsel from established Chicago birth injury lawyers, Chicago brain injury lawyers, or other experienced medical malpractice lawyers, talk to Clifford Law Offices.
Clifford Law Offices is a Chicago law firm that combines innovative legal theories with computer-assisted research of the latest medical and pharmaceutical material to meet the needs of its clients throughout the country.
Birth Injury
Brain Injury
Spinal Cord Injury
Personal Injury
Personal Injury
Personal injury involves injury to an individual. This area of law allows an injured person to sue in a private action called a civil action known in the legal community as a tort action. A “tort” is a wrong against a person. Any accident or injury against a person can constitute a tort – whether it be in a car accident, the use of a product or the negligence of a professional.
Different degrees of fault exist and several elements are necessary to prove in court in order to be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers. In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit.
Take, for example, the case of internationally acclaimed violinist Rachel Barton. She suffered severe injuries after being dragged by a Metra train. At first, while Rachel lay in a coma, train officials blamed the young woman for the accident, claiming she was trying to hold on to her violin. That was not the case. Clifford Law Offices filed a lawsuit on her behalf and a jury decided that Rachel was only 4.5 percent to blame. The jury apportioned 95.5 percent of the blame to the railroad for failing to follow safety procedures. The judgment against the train company was reduced by 4.5 percent, making the verdict total $29.6 million. Rachel later received $35 million following a lengthy appeal process while interest accrued on the verdict.
Another case, for example, is that of Richard Burke and John Karnezis, partners at the firm, who obtained a $10.45 million verdict for the family of a pilot killed at Palwaukee Municipal Airport outside Chicago. His Gulfstream IV jet crashed moments after takeoff because a drainage ditch running alongside the runway was not flat and firm to support the plane. In that case, a jury found the airport defendants 90 percent responsible for the crash, the owner of the aircraft was found 5 percent liable and the pilot was apportioned 5 percent liability. Consulting an experienced Chicago personal injury lawyer like Clifford Law Offices can provide information on whether to pursue an action in court.
Personal injury involves injury to an individual. This area of law allows an injured person to sue in a private action called a civil action known in the legal community as a tort action. A “tort” is a wrong against a person. Any accident or injury against a person can constitute a tort – whether it be in a car accident, the use of a product or the negligence of a professional.
Different degrees of fault exist and several elements are necessary to prove in court in order to be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers. In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit.
Take, for example, the case of internationally acclaimed violinist Rachel Barton. She suffered severe injuries after being dragged by a Metra train. At first, while Rachel lay in a coma, train officials blamed the young woman for the accident, claiming she was trying to hold on to her violin. That was not the case. Clifford Law Offices filed a lawsuit on her behalf and a jury decided that Rachel was only 4.5 percent to blame. The jury apportioned 95.5 percent of the blame to the railroad for failing to follow safety procedures. The judgment against the train company was reduced by 4.5 percent, making the verdict total $29.6 million. Rachel later received $35 million following a lengthy appeal process while interest accrued on the verdict.
Another case, for example, is that of Richard Burke and John Karnezis, partners at the firm, who obtained a $10.45 million verdict for the family of a pilot killed at Palwaukee Municipal Airport outside Chicago. His Gulfstream IV jet crashed moments after takeoff because a drainage ditch running alongside the runway was not flat and firm to support the plane. In that case, a jury found the airport defendants 90 percent responsible for the crash, the owner of the aircraft was found 5 percent liable and the pilot was apportioned 5 percent liability. Consulting an experienced Chicago personal injury lawyer like Clifford Law Offices can provide information on whether to pursue an action in court.
Wrongful Death Damages
Wrongful Death Damages
Various types of monetary damages may be recovered in a wrongful death action and a wrongful death law firm can assess the merits of the case as well as the potential damages, including loss of companionship, sorrow and grief, which may be sought in such an action. For example, it is common to take the victim’s earnings at the time of his or her death and calculate the remaining years that person was expected to live to determine future lost earnings using life expectancy tables as well as experts who figure what is known as present cash value as well as the investment value of that money. The decedent’s will also must be examined. Experienced wrongful death attorneys also can determine whether punitive damages are available. These damages are meant to punish a defendant for intentional or egregious conduct.
Various types of monetary damages may be recovered in a wrongful death action and a wrongful death law firm can assess the merits of the case as well as the potential damages, including loss of companionship, sorrow and grief, which may be sought in such an action. For example, it is common to take the victim’s earnings at the time of his or her death and calculate the remaining years that person was expected to live to determine future lost earnings using life expectancy tables as well as experts who figure what is known as present cash value as well as the investment value of that money. The decedent’s will also must be examined. Experienced wrongful death attorneys also can determine whether punitive damages are available. These damages are meant to punish a defendant for intentional or egregious conduct.
Construction Liability
Construction Liability
Injury to either workers or visitors while on construction sites occurs throughout the United States, and often they are due to the unsafe nature of the worksites. Power tools, partially built structures, scaffolding, ladders, lifts, heavy machinery and rotating crews of tradesmen account for some of the hazards on construction sites. Occupational Health and Safety Administration (OSHA) is the federal agency that regulates safety measures on construction sites.
If the injured party’s employer is the cause of the injury and unsafe condition, the victim can turn to worker’s compensation while recuperating from the injury. Many incidents, though, are complicated and involve numerous parties who were involved in the negligence on the jobsite. Such cases require separate construction liability suits to compensate the victim and his or her family for injury or death for the negligence. Several tort theories of liability, including negligence and strict liability, may be pursued by lawyers representing those who bring a lawsuit against all possible defendants responsible for the tragic incident. Considering the circumstances, general contractors, subcontractors, site owners and manufacturers of the tool or machine being used may be held liable for the injuries.
The complexity of construction liability cases often requires an experienced attorney pursuing a construction liability lawsuit on their behalf.
Clifford Law Offices has represented many accident victims involving various types of construction work including scaffolding accidents. For example, the scaffold accident law firm received a $75 million settlement for the injured victims and the families of those who were killed and injured when a scaffold fell from Chicago's John Hancock Center. On the eve of trial, the defendants settled in a global settlement after nearly four years of preparation for trial. A large section of the scaffold crashed on the car of four women, killing two friends in the front seat and severely injuring their mothers in the back seat. The mothers spent more than 30 minutes while the Chicago Fire Department extricated them from the tragic accident. Several defendants shared the blame for this tragic scaffold accident including the owners and managers of the building, the architects of the window improvement project for the building and the engineers of the project.
Robert Clifford also received a $1.1 million settlement on behalf of a 47-year-old ironworker who was injured and unable to continue his trade when the scissors lift he was driving fell into an excavation hole covered by snow at a warehouse construction site. Clifford and partner Richard F. Burke also received a $13 million settlement on the eve of trial for a man who fell 30 feet from a manlift platform that collapsed due to a critical connection that was necessary to maintain the platform in a level position. The 44-year-old man suffered permanent injuries to his back as well as crushing injuries to his ankles and heels. The firm also received a significant settlement for a flight attendant who suffered a career-ending injuring when an elevator car malfunctioned at O’Hare Airport.
Injury to either workers or visitors while on construction sites occurs throughout the United States, and often they are due to the unsafe nature of the worksites. Power tools, partially built structures, scaffolding, ladders, lifts, heavy machinery and rotating crews of tradesmen account for some of the hazards on construction sites. Occupational Health and Safety Administration (OSHA) is the federal agency that regulates safety measures on construction sites.
If the injured party’s employer is the cause of the injury and unsafe condition, the victim can turn to worker’s compensation while recuperating from the injury. Many incidents, though, are complicated and involve numerous parties who were involved in the negligence on the jobsite. Such cases require separate construction liability suits to compensate the victim and his or her family for injury or death for the negligence. Several tort theories of liability, including negligence and strict liability, may be pursued by lawyers representing those who bring a lawsuit against all possible defendants responsible for the tragic incident. Considering the circumstances, general contractors, subcontractors, site owners and manufacturers of the tool or machine being used may be held liable for the injuries.
The complexity of construction liability cases often requires an experienced attorney pursuing a construction liability lawsuit on their behalf.
Clifford Law Offices has represented many accident victims involving various types of construction work including scaffolding accidents. For example, the scaffold accident law firm received a $75 million settlement for the injured victims and the families of those who were killed and injured when a scaffold fell from Chicago's John Hancock Center. On the eve of trial, the defendants settled in a global settlement after nearly four years of preparation for trial. A large section of the scaffold crashed on the car of four women, killing two friends in the front seat and severely injuring their mothers in the back seat. The mothers spent more than 30 minutes while the Chicago Fire Department extricated them from the tragic accident. Several defendants shared the blame for this tragic scaffold accident including the owners and managers of the building, the architects of the window improvement project for the building and the engineers of the project.
Robert Clifford also received a $1.1 million settlement on behalf of a 47-year-old ironworker who was injured and unable to continue his trade when the scissors lift he was driving fell into an excavation hole covered by snow at a warehouse construction site. Clifford and partner Richard F. Burke also received a $13 million settlement on the eve of trial for a man who fell 30 feet from a manlift platform that collapsed due to a critical connection that was necessary to maintain the platform in a level position. The 44-year-old man suffered permanent injuries to his back as well as crushing injuries to his ankles and heels. The firm also received a significant settlement for a flight attendant who suffered a career-ending injuring when an elevator car malfunctioned at O’Hare Airport.
You Must Plan Out Your Personal Injury Settlement
Reaching a payment arrangement or settlement in most cases of personal injury can be a laborious process. But once that has happened, it becomes imperative to chart out a comprehensive plan to shelter your money. What many people fail to consider in such circumstances is that there are several means by which the proceeds of a settlement can be increased, only if planned in an appropriate manner. For example, discussions have to be held on the laws pertaining to Medicaid, Medicare and ERISA. In many situations, creating a trust - Special Needs Trust or Medicare Set Aside Trust - is compulsory. Resolutions related to investment issues also need to be addressed. As do tax and property concerns, besides the assessment and execution of the finally planned settlement. And these are tricky matters for even the best of lawyers.
Making the situation even more intricate is the fact that public benefits like Medicaid and Medicare, which are provided to many injury victims these days, can be lost if not planned in advance. The loss of public benefits like these can even lead to the hasty debauchery of all proceeds received from a settlement. According to statistical data, more than ninety percent of injury victims have totally wiped out their settlement money in just half a decade. That is why it is vital to have a suitable plan in place that will stop injury victims from losing their money, all the while helping to safeguard the eligibility for public benefits. "you have exceptional needs, you need unique solutions". Which is why, one of your foremost goals should be the the understanding of the settlement/verdict and its various complex terminologies. This makes it much easier for the you as well as your lawyers to work with issues like settlement planning and taxation, preservation of public benefits and lien resolutions. This, in turn, assists you in developing better approaches that make the best use of you recovery, while guarding it from dissipation. Therefore, it would be in the best interests of any injury victim not to misjudge the value of a skilled settlement planner in ensuring they get a beneficial settlement plan.
Making the situation even more intricate is the fact that public benefits like Medicaid and Medicare, which are provided to many injury victims these days, can be lost if not planned in advance. The loss of public benefits like these can even lead to the hasty debauchery of all proceeds received from a settlement. According to statistical data, more than ninety percent of injury victims have totally wiped out their settlement money in just half a decade. That is why it is vital to have a suitable plan in place that will stop injury victims from losing their money, all the while helping to safeguard the eligibility for public benefits. "you have exceptional needs, you need unique solutions". Which is why, one of your foremost goals should be the the understanding of the settlement/verdict and its various complex terminologies. This makes it much easier for the you as well as your lawyers to work with issues like settlement planning and taxation, preservation of public benefits and lien resolutions. This, in turn, assists you in developing better approaches that make the best use of you recovery, while guarding it from dissipation. Therefore, it would be in the best interests of any injury victim not to misjudge the value of a skilled settlement planner in ensuring they get a beneficial settlement plan.
Dealing With Divorce
A couple of years ago, Kathryn Lask of Shawnee Mission, Kan., found herself in a not uncommon, yet very unenviable situation: She was a nursing mother going through a divorce.
The mother of two young children, Lask was nursing her then 18-month-old son, Nicholas, with no plan to wean him until both she and her child were ready, she says. But her soon-to-be ex-husband – who'd temporarily been granted custody of both kids – with the aid of his attorney, wanted Lask to wean Nicholas to allow for more uninterrupted time with the toddler.
The issue of breastfeeding made an already emotionally and legally complex situation even more so.
"[This situation] is not at all uncommon," says Mary Lofton, a La Leche League International spokesperson who has represented the organization in various capacities since the 1960s. In her decades of experience, Lofton, based in Schaumburg, Ill., says she's seen an increase in the number of divorce, custody and visitation cases involving nursing mothers and their babies.
One reason among many is the rise in divorce rates among couples married only a few years. These people tend to have younger children; previously, couples were splitting with elementary-age kids in tow. As unfortunate a trend as this is, Lofton says the key is to maintain the nursing relationship – for the sake of Baby, Mommy and Daddy. How can this be done?
Answers vary from state to state, county to county and even case to case. But there is still some important information nursing mothers going through a separation or divorce should know.
The mother of two young children, Lask was nursing her then 18-month-old son, Nicholas, with no plan to wean him until both she and her child were ready, she says. But her soon-to-be ex-husband – who'd temporarily been granted custody of both kids – with the aid of his attorney, wanted Lask to wean Nicholas to allow for more uninterrupted time with the toddler.
The issue of breastfeeding made an already emotionally and legally complex situation even more so.
"[This situation] is not at all uncommon," says Mary Lofton, a La Leche League International spokesperson who has represented the organization in various capacities since the 1960s. In her decades of experience, Lofton, based in Schaumburg, Ill., says she's seen an increase in the number of divorce, custody and visitation cases involving nursing mothers and their babies.
One reason among many is the rise in divorce rates among couples married only a few years. These people tend to have younger children; previously, couples were splitting with elementary-age kids in tow. As unfortunate a trend as this is, Lofton says the key is to maintain the nursing relationship – for the sake of Baby, Mommy and Daddy. How can this be done?
Answers vary from state to state, county to county and even case to case. But there is still some important information nursing mothers going through a separation or divorce should know.
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