When you apply to register your trademark there is an application process that is vitally important to carry out correctly to ensure your trade mark is not held up or rejected. The trademark application process requires you to provide a clear description of the trade mark eg your 'brand' or 'logo' and if it has a specific shape, colour or font you need to have an appropriate image to send in when you apply you can also include sounds and smells depending on your product. You also need to supply a list of the goods and services you want to market under the desired trade mark. This is known as a specification of goods and services and it determines the scope of protection you will receive by registration. It is important to ensure this list is exhaustive because once you have filed you will not be able to change it. Your submission must meet legal filing requirements.

The costs of applying for a trade mark need to be considered and your application must be meticulously examined to ensure you don't lose money or time by filing it incorrectly. If it's incorrect you may not receive a refund and it could turn into a costly mistake. Alongside this if you do not pay your fees on time or meet deadlines your trademark application will be significantly delayed.

Once you have filed your trademark application it will go through a long process. After it has been submitted there will be a fifteen day process of examination. This is to ensure the submission complies with legal filing requirements and to make sure there are no other grounds that could stop registration of the trade mark. If problems are found, you will then be sent a report explaining any compliance deficiencies. If there are deficiencies you are given a twelve month window to respond and resubmit. The office turnaround time for your submission depends on how complicated the compliance issue is. If it is a small one it will usually take one month if it is rather difficult, then four months is expected. In turn this will affect the time frame and efficiency levels and could put your business behind. Generally, three deficiency reports are tolerated before your application is rejected. That is why it is absolutely important to thoroughly go over the submission to make sure everything is in order and it covers all bases so you are not held up.

Once your trademark has been granted you will be able to use the registered trademark symbol to indicate your product or service is protected.

If you would like more information on how to trademark a name, trademark registration or brand protection in New Zealand we invite you to take a look at our website: www.ipol.co.nz where you can also get advice on trademark application.

Article Source: http://EzineArticles.com/?expert=Rachel_K_Dawson

http://EzineArticles.com/?Trademark-Application:-Ensuring-Efficiency&id=6547162

When clients need to create marketing tools for their businesses which include trademarks, advertising, brochures, direct mailers, websites, signage and other highly visible digital and printed communications, they are often oblivious and sometimes dismissive about the stringent laws protecting copyrights and trademarks against infringement. However, if a rights or mark violation is detected by the owner of record, he may commission his lawyer to draft a “cease and desist” letter which usually shocks the recipient into an immediate state of panic with only days in which to respond.

Such letters serve to notify the alleged offender that a lawsuit may follow should the offending activity continue and that “damages” may be determined by how much revenue/profit was generated as a result of such activity.

Since I am in the thick of it as the creator of the marketing items mentioned above, my clients share such notices with me in the hopes that I can somehow help them out of trouble. Equally shocked by such news since I never intentionally engage in any kind of infringement activity, I first inform my clients that I am not an attorney and therefore cannot legitimately advise them of their legal rights or ramifications of such a letter. And, since work with my clients is very much a team effort, involving instructions, guidance and ultimately approval from my clients before proceeding with printing or publishing any final marketing efforts for them, my surprise at the receipt of such a letter cannot be masked. I do share with them previous experiences and my suggestions about how best to proceed.

On a recent such occasion, my client decided after much anguish and disbelief, that the best course of action would be to consult a trademark attorney for expert representation. While I have often written letters for clients to successfully support their legal stance, I could not argue the virtues of this decision because of one undeniably important fact. Although my client and I are both individual business owners, the client behind the cease and desist letter was a multinational corporate behemoth with very deep pockets using a nationally based law firm with offices in Manhattan.

This did not surprise me since the work I do for my clients has powerful marketing strength, with highly attractive graphics and equally compelling messages, vaulting them to the top of Google rankings which result in stellar sales and incredible notoriety. It is no wonder that such a large corporation would fear the threat of competition from my client, both of whom are selling to the same market. What was puzzling about this situation was that my client's marketing is extremely supportive of the corporation in question since my client's items are meant to enhance this corporation's products. Without the corporate products, there would be no market for my client to serve.

After more than a decade of working together, my client would be the first to admit that my marketing efforts are largely responsible for his rise to fame which ironically includes sales to divisional units of this same corporation. Many of these corporate units have recognized the value of my client's products to adorn their brand as a way to improve their own sales, not deter them. But it seems the members of the corporate elite at the helm of this company's Asian headquarters worry that my client is attempting to take business away from them, clearly a misunderstanding on their part.

What was the nature of the cease and desist letter? The corporate lawyer itemized a number of alleged infringements:

1. Use of a typestyle to identify their products which was not their logo but was close enough to possibly cause market confusion.

2. Failure to obviously differentiate our products from theirs, the difference being aftermarket vs. original equipment manufacturing, respectively.

3. A number of stipulations about size of text used on the name of this corporation (too large!), size of text used in our disclaimer information (too small!) and use of their corporate name within photos of their own products on which our products can be used. (Do we detect envy here?)

4. Use of the corporate name on our products, an erroneous assumption made by the corporation based on the use of their name on their own products within some of our photos. Note that the corporate lawyer clarified that we were not infringing on any rights by using their name or showing their products to sell our goods which are designed and manufactured to complement and accessorize their products. This is quite legal. What they were protesting were our alleged “unfair business practices” which possibly were taking business away from them.

At my client's request, I provided his lawyer with extensive research I had done in support of my client showing similar instances of the alleged offending citations; examples of disclaimer text size used on countless other websites, including the corporation's own website (which is much smaller than that used on my client's website!); and proof that none of our products display the corporation's logo or any facsimile of it whatsoever. These examples were forwarded to the corporate lawyer with a sentence or two from my client's attorney.

In the meantime, allowing the lawyers to speak to each other in their own language on their own schedule had bought us extra time in which to implement any necessary changes. Since my client had given me free rein to address all complaints as I determined necessary, I decided that compliance would be the best route to curtailing any further action which could involve more than a decade's worth of my client's annual revenues. Despite knowledge that my client felt 100% justified in the use of the corporate name in the tasteful manner in which we had done to date and was peeved by having to make so many changes for no apparent gain, I decided that a total marketing re-design could satisfy the corporation while elevating my client's brand to a new level of excellence. In essence, why not capitalize on a seemingly grave situation to transform it into a positive opportunity for growth and profit?

Luckily, my client did not have a problem with emphasizing that his products are truly aftermarket in nature (meaning not OEM or original equipment manufacturing) because OEM products are frequently perceived as overly expensive and sometimes of inferior quality in comparison and my client's aftermarket products are often sought as a better alternative to OEM at a better price! Furthermore, replacing the corporate name with my client's company name was a giant step forward to stronger branding for my client's business, something he had been timid about doing for the majority of his years in business for fear of overshadowing the corporate name on the products for which his items are made.

So, I began the arduous task of redesigning every page of his website, his printed materials and signage; rewriting text to comply with the corporate requests (verbatim!); removing their name from every photo of their products showing use of our products; and lengthening our already very comprehensive disclaimers to include every detail of their verbiage including statements that we “do not sell original equipment manufacturing” and that “we are in no way affiliated with, authorized by or connected with” the corporation in question. I made sure that these changes were made on every one of our more than 90 web pages and countless other marketing items!

Once this work was complete, our lawyer informed us that our new presentations had passed muster with the corporate lawyer and his clients, satisfying all alleged transgressions and terminating any further action at this time.

Since we had never previously mentioned the term OEM or original equipment manufacturing anywhere within our material, I informed my client that the use of such terms repeatedly on every page of our website would increase the likelihood that Google searches would now list our pages in response to those search terms, in addition to our excellent ranking for aftermarket searches, opening up a new market for awareness and possible sales. It seems that the corporation's complaints were in fact helping my client while simultaneously shooting themselves in the foot, so to speak!

With this knowledge, my client celebrated not only the relief of legal rectitude but triumph in defeat! Granted, he may have paid his trademark lawyer handsomely for delivering my messages to the corporate lawyer, and paid me for all my work to correct his supposed infractions, in the end he benefited greatly with better branding, legal fortitude and the prospects of bigger profits to come, not just from his worldwide consumer market but also from the now ingratiated corporation who probably feel the victory was theirs alone. Who knew cease and desist could translate as win-win?

Marilyn Bontempo, president of Mid-Hudson Marketing since 1975, has extensive experience guiding business leaders, directors, and professionals with successful strategies for business growth and sustenance. Long-term relationships have been established with law firms, medical practices, pharmaceutical companies, real estate executives, and a variety of other trade, corporate and industrial specialists. Her professional writing, editing, photographic, design and aesthetic specialties provide clients with proven methods of achieving successful branding and public image. Mid-Hudson Marketing is a top New York advertising, marketing, website and graphic design firm located in Dutchess County's Poughkeepsie area specializing for more than 35 years in the creation and management of high quality branding for business success. With numerous prestigious awards to its credit, the firm's services include full scale advertising programs; expert website development and search engine optimization; professional writing, editing and ghostwriting; blog setup and management; e-commerce and email marketing; outdoor and online billboards; trade show and point-of-purchase displays; sell sheets, posters, flyers, brochures, and catalogs; logos, tag lines and trademarks; photo enhancements; direct mail marketing; newsletters; public relations; and more: call (845) 493-0070. For more info, please visit: http://www.midhudsonmarketing.com

Article Source: http://EzineArticles.com/?expert=Marilyn_Bontempo

http://EzineArticles.com/?Cease-and-Desist—What-To-Do-(Besides-Panic)-Upon-Receipt-of-This-Letter&id=6555889

Brand protection is the key to ensuring that your business remains profitable and successful. Controlling all aspects of your brand is an essential part of protecting it and intellectual property protection is about proactive and constant exploitation. Brands are the most important asset to a business organisation and the need to protect them from imitation, unauthorised copying, and unfair competition is all the more necessary. It is important for those seeking to protect their brand to fully understand the different aspects of legal measures they can take including copyright, patents, trademarks, and designs.

Copyright is basically the first step in this form of protection. As soon as you put an original idea down on paper you can prevent others from copying it. You cannot stop others using your idea, just the physical expression of it so you will not receive protection until you turn your idea into a tangible form. When looking to copyright your idea it is essential that you keep a record of all drafts, notes and iterations and date them so you can prove it is yours. If your business or product is distinctive it is definitely advisable to register it at your Intellectual Property Office. This is the best way to protect your trademark and/or registered name rather than relying on the Fair Trading Act or common law rules. Registration of your trademark also works as a deterrent as it shows to everyone your ownership of the mark.

Designs are usually protected by copyright but it is also very helpful to register your designs with the Intellectual Property Office. The advantage of registration gives you the right to stop others using your design even if they didn't copy it but came up with the design independently. This ensures that your brand is fully protected from competition and deters others from putting something on the market that is too similar to your product. You also need to make sure that you secure your name early even if you do not want to use it at the time. Not securing your trademark and/or registered name early can be the start of many legal battles and hindrances that will set your business back in the long run. Websites are often the only point of contact between businesses and potential clients and it is important to make sure your website outlines what other people can and cannot replicate and your general trade terms. When it comes to brand protection a holistic approach is absolutely vital.

If you would like more information on how to trademark a name, trademark registration or brand protection in New Zealand we invite you to take a look at our website: www.ipol.co.nz

Article Source: http://EzineArticles.com/?expert=Rachel_K_Dawson

http://EzineArticles.com/?Brand-Protection—Controlling-All-Aspects-of-Your-Brand&id=6556717

In business, if you trademark a word, phrase, logo or other articles capable of serving as a trademark you have the exclusive rights to use it in how you please. As soon as you apply this identification symbol to goods or in connection with services, you receive meaningful rights to the use of the mark. It is essential that you register your brand/symbol once you have established it to ensure your trademark rights are protectable in court.

If you have a product or service that you are wanting to market it is really important to find a distinctive symbol in which to market it under. Researching names that are already registered is the first step in this process. If you create a whole brand and name ready for trade marking and you find out that someone else already uses it, your business and marketing plans will experience huge setbacks legally and profit wise. Registered business names and symbols protect you from other people using your mark on their marketing material but also stops people from bidding on your trademark or mentioning it within Google to profit from your market share.

Creation of your brand is the period where your service mark, symbol or other device identifying your product or service is developed for use in the marketplace. Basic guidelines indicate that you need to avoid widely used terms such as a geographical location or misleading terms. When you have decided on your brand identifier, you also need to be able to identify clearly the exact goods or services to which it will apply. The recognition of goods or services must be explicit enough to be able to identify the nature of what you are trying to sell and the level of specificity relies on the type of goods or services.

When you are in the process of creating your business brand/symbol, spending weeks focusing on the marketing aspect and developing a catchy name usually comes first. However you need to be aware that another registered trademark may already exist that is very similar to yours. As well as this, unregistered names and symbols also pose a threat as they can be protected by Common Law. You need to come up with a business identifier that has the highest potential for becoming registered as the millions of trademarks that already exist have made creating a name for your product or service or designing a logo not already in use much more difficult and more important.

If you are looking for more information on business trademarks in Australia we invite you to take a look at our website: www.ipol.com.au

Article Source: http://EzineArticles.com/?expert=Tim_Walden

http://EzineArticles.com/?Business-Trademark—Understanding-Your-Trademark&id=6556721

You probably have noticed that many companies are advertising services to settle your credit card debt. These companies are hard to miss if you watch television or read the newspaper. While the idea of debt settlement sounds great, in reality many of those companies are scam artists.

There is a law in Washington that regulates credit card debt settlement companies. That statute defines “debt adjusting” as “the managing, counseling, settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.” A debt adjuster is any person or business that engages in the business of credit card or home loan settlements for compensation. The Attorney General's Office on Consumer Fraud and the Department of Financial Institutions enforce this statute. Violation of the Statute is also a per se violation of the Consumer Protection Act, entitling the debtor to treble damages in civil litigation.

Washington regulations limit the fees that can be charged for credit card settlements. The fee retained by the company from any one payment made by or on behalf of the debtor may not exceed fifteen percent of the total amount of that payment. Further, the Act requires that company distribute at least 85% of each payment received by a debtor to creditors not more than forty days after it is received. If a debt adjuster contracts for, receives, or makes any charges in excess of the maximums permitted, the debt adjustor's contract with the debtor “shall be void” and the debt adjuster “shall” return all payments received from the debtor and not distributed to creditors. Finally, all monies received by debtors must be placed in a trust account by the debt adjuster and billed against.

This is a powerful statute. It means that 85% of each and every payment you make to a debt settlement company must be applied to your debt. If the company fails to so apply even one payment, you are entitled to the return of everything you have paid them. However, the State of Washington does little or nothing to prevent debt settlement scams. A review of DFI's “Consumer Alert” webpage found no warning against debt settlement companies. DFI's focus is on home loan modification scams, but even there it does relatively little. The Attorney General's Office does not do much more.

Where does this leave you if you have been ripped off by a debt settlement company? The Debt Adjusters Act is still a powerful tool, but it is left to you to use it.

You can also turn to Seth Rosenberg of Smith & Rosenberg, PLLC. He is the only attorney in the State of Washington who will take on the debt settlement companies. Seth takes cases on contingency and so is only paid if you see the return of your money. Seth's track record is truly impressive in seeing the return of your money. You can reach him at info@smithrosenberglaw.com. Act today to enforce your rights!

Article Source: http://EzineArticles.com/?expert=Seth_Rosenberg

http://EzineArticles.com/?Credit-Card-Debt-Settlement-Rip-Offs!&id=6566767

LDI is a structured investment program designed to finance a predictable stream of future payments. In the case of defined benefit pension plans, for example, plan participants are scheduled to receive known future pension payments based on length of service, salary, and other factors.

The appeal of a liability-driven investing program to a plan administrator (as well as the Board of Directors and Chief Financial Officers of the sponsoring company)is the ability to reduce or hedge risk by aligning investment programs with future promises to plan participants.

There is actually some disagreement among industry leaders on the exact definition of LDI, according to SEI's 4th Annual Poll on liability driven investing released in December 2010. “A portfolio designed to be risk managed with respect to liabilities,” is the top LDI definition in SEI's latest poll, as compared to an earlier favorite of “matching duration of assets to duration of liabilities.”

Large Defined Benefit Plans Adopt Liability-Driven Investing

Hewlett-Packard Co., with $36 billion in retirement assets, has adopted many LDI strategies, according to a June 2011 article in Pensions & Investments magazine. The company successfully structured an LDI program for a defined benefit plan that was frozen in 2007. After assuming responsibility for an underfunded plan in its 2008 acquisition of Electronic Data Systems Corp., HP is gradually moving toward 100% funding levels with a strategy to adjust equity allocations.

Liability-driven investing strategies in use by pension plans increased by over 35% between 2007 and 2010, according to a 2011 report by Booz & Company. Additionally, the report states that 77% of large defined benefit plans ($1 billion or more) intend to increase their allocations to LDI strategies.

LDI Portfolios Allow a Choice of Assets

Plan administrators rely on investment managers to suggest specific financial investments that will meet pension obligations. Typical LDI investments include U.S. Treasury bonds, high grade corporate bonds, interest rate swaps, derivatives, and other hedging techniques. The traditional portfolio weighting concept of stocks vs. bonds is replaced in LDI with risk vs. returns.

Structured portfolios with better predictability are seen as an alternative to heavy dependence on equity markets, which have been extremely volatile in recent years. However, fixed rate investments such as bonds also carry risks in an environment where long term interest rates are likely to rise from today's historic lows.

Regulatory Changes Drive LDI Initiatives

The adoption of liability-driven investing strategies is driven in part by recent industry and regulatory changes intended to both shed light on pension obligations and strengthen future funding levels.

The Pension Protection Act of 2006 required that all defined benefit plans subject to Title IV of ERISA furnish an annual funding notice to the Department of Labor's Employee Benefits Security Administration (EBSA). These annual notices must include the plan's funding percentage. Single-employer plans must report their “funding target attainment percentage” and multi-employer plans must report their “funded percentage.” Guidelines for the valuation of plan assets are also established. The PPA has changed the funding horizon of defined benefit plans from a long term perspective to funding 100% of current liabilities of an annual basis. This shift makes plan sponsors much more sensitive to market volatility.

On a related note, the Financial Accounting Standards Board (FASB) issued FAS Statement No. 158 in 2006. Titled “Employers' Accounting for Defined Benefit Pension and Other Postretirement Plans,” the statement amended earlier FASB guidelines.

Overall, FAS 158 is intended to “improve financial reporting by requiring an employer to recognize the overfunded or underfunded status of a defined benefit postretirement plan (other than a multi-employer plan) as an asset or liability in its statement of financial position…” The Statement also requires an employer to measure the funded status of a plan as of the date of its year-end statement of financial position, with limited exceptions.

Summary

Growth of liability-driven investing is expected to continue in the U.S., since it is viewed as an effective way to fund closed or frozen defined benefit plans.

Mark Johnson, Ph.D., J.D., a highly experienced ERISA expert, is founder of ERISA Benefits Consulting Inc. http://www.erisa-benefits.com As a former ERISA Plan Managing Director and plan fiduciary for a Fortune 500 company, Dr. Johnson has practical knowledge of plan documents as well as an in-depth understanding of ERISA obligations. He works as an expert consultant and witness on 401(k), ESOP and pension fiduciary liability; retiree medical benefit coverage; third party administrator disputes; individual benefit claims; pension benefits in bankruptcy; long term disability benefits; and cash conversion balances. He can be reached at 817-909-0778. ERISA Benefits Consulting, Inc by Mark Johnson provides benefit consulting and advisory services and does not engage in the practice of law.

Article Source: http://EzineArticles.com/?expert=Mark_Johnson,_Ph.D.,_J.D.

http://EzineArticles.com/?Liability-Driven-Investing-in-Pension-Plans&id=6581307

The current technology used in modern mobiles has made it easier than ever to find your lost phone. These same features can also be used to track the whereabouts of others provided you know the mobile's number. So what are the legal issues regarding tracking mobiles?

It could be that you wish to keep an eye on your teenager's location or make sure that an elderly relative is okay. If you have concerns about the secret activities of a spouse or employee just where do you stand on tracking a mobile phone?

The process itself is simple enough and all you will need is to sign up with a mobile phone tracking service provider but what exactly are your legal requirements? The hacking, deleting and tracking of mobile phones has recently hit the headlines with a number of people finding themselves foul of the law and a major newspaper closing down, all over the misuse of mobile phones.

The law, which covers the tracking of mobile phones, the Regulation of Investigatory Powers Act (RIPA), says that you cannot put a trace on a phone without the owner knowing of its existence. The police though can request that a trace be put on a mobile phone providing certain criteria have been met before. This is to prevent abuse of the system and ensure accountability.

It is, however, acknowledged that there is poor compliance with the law and abuses do occur. Mobile phone tracking service providers attempt to prevent such abuses by sending a text to the mobile phone for which a track has been requested to notify the owner that it is being followed. While this measure tries to ensure against wrongful tracking of a mobile this attempted security measure is still open to exploitation.

If the person requesting a secret mobile track obtains the phone for five minutes while the text message confirming the trace is sent and then deletes the message there is no record of the phone being compromised. When a ping is sent out to discover the location, it is a silent signal, leaving no obvious record of its existence being left. The owner is therefore left oblivious as to the fact they are being secretly tracked.

While the employment of mobile tracking has many practical uses, there also needs to be care taken when placing a track on a phone. If the owner is unaware then you are placing yourself in legal difficulties should it be discovered.

Alex Hunt writes about all things technical. In his spare time he enjoys going on sea fishing trips where he has learned first hand about marine boat trackers. He has also been writing about how you can track a mobile phone.

Article Source: http://EzineArticles.com/?expert=Alex_Hunt

http://EzineArticles.com/?GPS-Mobile-Phone-Tracking-And-The-Legal-Implications&id=6584134

So the question becomes how to apply these antiquated laws to current collections and debt buying technology? This is a difficult and gray area. The beginnings of understanding how to apply these laws to current technology is to first understand exactly what these laws mean for the industry. There are some basics that are commonly known about both acts. However, a comprehensive understanding of the Fair Debt Collections Practices Act is going to be too difficult to cover in this type of setting. The best way to fully understand these laws is to take courses in their meaning and use in the collections industry.

The most basic and commonly known factor of the Telephone Consumer Protection Act for the collections industry is that the act forbids contact via cell phone without the express permission of the consumer. There is one large problem with this. According to a study done by the Pew Internet and American Life Project, nearly twenty five percent of Americans only have a cell phone and no land line. The Fair Debt Collections Practices Act further restricts phone contact by prohibiting contact at a person's place of business or employment is personal calls are forbidden due to company policy. Therefore, for twenty five percent of Americans, there is no way to contact them by phone by the collections industry. This is a problem, and you must learn to find ways around it by finding other means of contact.

This is where things get tricky. There are laws against SPAM, but other than that there are no laws regarding internet use to contact someone to collect a debt. If a collector has the email address of a debtor, they can use that email address in pretty much any way they choose to contact the debtor in relationship to the debt. This is entirely unregulated. Because of this fact, many collections agencies will not use the internet to contact debtors, because they are unsure where the boundaries lie. So essentially, the only way to contact these individuals is by snail mail, which is highly unreliable since people can just throw the notice in the trash without a second thought.

It is vitally important that, as a debt buyer or collections representative, you fully understand these laws and how they impact the current industry and our fast changing technology. It is the responsibility of those involved in the collection industry to be well educated in these areas, ensuring you are operating within the law and still see results in your collection efforts.

Failure to know, understand and follow these laws can result in costly lawsuits against the collection company as well as the individual, debt collector. According to statistics from WebRecon LLC (http://www.WebRecon.com), over 1750 lawsuits have already been filed this year. Of those, 1676 were FDCPA violations, 181 FCRA violations, 88 TILA violations and 97 TCPA. Sadly, those numbers are continuing to climb each and every month.

In an industry that resolves around numbers, it's really simple. Lack of education can cost you BIG dollars and perhaps kick you out of the game permanently.

The Judgment Recovery Institute provides education exclusively geared for those looking to enter into the debt collection industry as well as advanced training for those who are already in the business. Their training includes an extensive look into the laws, rules and policies that surround the debt buyer/collector in a unique online virtual campus environment. For more information, visit http://www.jrinstitute.com

Download a free, special report on “How to Really make a Six Figure Income as a Judgment Recovery Professional” by visiting the Judgment Recovery Institute at http://www.jrinstitute.com

Article Source: http://EzineArticles.com/?expert=Petra_Alluis

http://EzineArticles.com/?Applying-Antiquated-Laws-to-Current-Collections-Technology&id=6585233

The recent enactment of the Consumer Protection Act has seemed to cause a feverish level of excitement amongst businesses, the media and the general public. The attention of the general public has primarily been focused around the provision which allows a buyer to return goods and limits the ability of retailers to institute a no refunds policy.

With the contents of the Consumer Protection Act in mind I have found it to be a curious development that despite the enactment of the Act, retailers still have sign and display boards that indicate a ” no refund” policy.

On a recent venture to a local cellular network store, to purchase a gift for a family member, I again encountered a “no refund” signage inside the store and politely enquired with the staff why such signage was on display after the enactment of the Consumer Protection Act. The response I received was both surprising and instructive as a staff member replied to my enquiry by stating that the Consumer Protection Act's provisions that allow for the return of goods and a claim for a refund does not apply to all goods.

On exiting the local cellular network store I soon found myself examining the necessary provisions of the Consumer Protection Act so as to establish whether the statement of the staff member at the store was correct.

The result of my examination of the Consumer Protection Act was enlightening and I will discuss them in the following paragraphs.

The Act does provide consumers with a right to a cooling period; however, this cooling-off period would seem only to apply after direct marketing with certain exclusions. Direct marketing has been defined in the Act as

“approaching a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person, or requesting to make a donation of any kind for any reason”

This definition basically means that I, as a consumer who had walked into the cellular network store to purchase a gift for a family member without having received e-mail, internet, post or personal advertisements relating to the goods that I wished to purchase, would not be able to utilise the provisions of the Consumer Protection Act relating to the right to cooling-off periods, simply because I had not been a recipient of direct marketing in respect of the goods that I was purchasing at the cellular phone network store.

In the same vein I would also not be able to utilise the provisions of the Act relating to a right to cancel advance orders to return goods and claim a refund, as I had not ordered the goods that I purchased at the store in advance.

In the context of my situation the assistance that the Consumer Protection Act would provide is that, because I examined a sample of the goods that I purchased and was told about functions and capability of such goods, the goods I purchased must correspond both with the sample that I had examined and the description which I had received. If the goods that I purchased did not correspond with both the sample examined and the description that I had received then there would be a violation of the Consumer Protection Act and I would be entitled to enforce the provisions of the Act in my favour.

Also, I would be able to return the goods that I purchased and receive a full refund within 10 business days after delivery if the goods purchased were found to be unsuitable for the particular purpose for which I purchased the goods for, and for which purpose I told the supplier I was purchasing the goods. This right provided to me by the Act is conditional on me not having altered the goods purchased or dissembled the goods and trying to repair it. The right to a full refund is also conditional on the supplier being able to charge me for returning the goods in packaging that is not the original packaging for the goods and the supplier being able to further charge me for the costs incurred by the supplier to restore the goods to its original packaging and render the goods fit for re-stocking.

My conclusion after my examination of the Consumer Protection Act in light of the staff member's statement was therefore that no right is absolute and the importance of knowing the conditions that apply to any legal right can never be underestimated.

David van Niekerk is a leading specialist on matters that relate to the National Credit Act and Consumer Protection at Turner & Associates

Article Source: http://EzineArticles.com/?expert=David_Van_Niekerk

http://EzineArticles.com/?Consumer-Protection-Act:-Right-to-a-Refund&id=6586436

OH&S in NSW is regulated by the government Workcover Authority and there are many rules to promote workplace safety and hefty fines and prosecution if you do not comply.

The OH&S Rules

Many Tradesmen/construction workers do not realise that in NSW if the value of the total construction work (not just the work they are doing personally) is more than $250,000.00 they are subject to the occupation health and safety obligations set out in Clause 229 of the Occupational Health and Safety Regulation 2001 relating to sub-contractors.

In particular the OHS legislation provides that a sub-contractor must not start construction work at a place of work in NSW unless the sub-contractor:

a. has been provided, by the principal contractor for the construction work, with a copy of the parts of the occupational health and safety management plan for the place of work that are relevant to the sub-contractor, and

b. has undertaken an assessment of the risks associated with the work to be carried out and provided to the principal contractor a written safe work method statement that includes a copy of the assessment of risks, and

c. has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.

Maximum penalty: Level 3 $11,000.00 Penalty Notice: $600.00

The principal contractor is the person (company) that engaged the sub-contractor.

Also a sub-contractor must not allow an employee of the sub-contractor to start work at a place of work at which construction work is carried out unless the employee has completed induction training with respect to occupational health and safety as specified in the occupational health and safety management plan for the place of work.

Maximum penalty: Level 3 $11,000.00 Penalty Notice: $600.00

A sub-contractor must maintain and keep up to date the sub-contractor's Safe Work Method statement for a place of work, and must provide the principal contractor with details of any changes made to the safe work method statement.

Maximum penalty: Level 1 $2,200.00 Penalty Notice: $600.00

As you can see the Workcover fines are high and will have a negative impact on your business profitability if you are fined and have to pay them.

Voiding Your Insurance

As well as the fines you will receive, if you do not comply with the Workcover OH&S requirements any Insurances that you have may be voided.

This could have catastrophic effects on your family, in relation to say, income protection insurance as, if you are injured the Insurer may refuse to pay and argue that you contributed to the injury by not complying with the Workcover requirements.

Prosecution action and civil action may also be taken against you if any of your employees are injured and you have not complied with the Workcover requirements as you could be held to be negligent.

Not Just Commercial Work-Sites. Residential Homes Too

These Workcover OH&S requirements do not just apply to commercial work sites, they also apply to the construction of residential homes in NSW worth over $250,000.00.

As it is unlikely that the construction cost of any residential home in Sydney will be under $250,000.00 this means that before commencing any type of construction work you should comply with the Workcover rules and avoid a fine by:

a. getting a copy of the relevant part of the Principal Contractor's OH&S Management Plan and read it and ensure your employees read it;

b. undertaking a Risk Assessment for the site;

c. ensuring you have a written Safe Work Method Statement that applies to the work you will be doing on-site and give this to the Principal Contractor; and

d. participating in an Induction for the site given by the Principal Contractor and ensure your employees are also inducted.

Although at first reading these requirements may sound onerous they become second nature when put into practice and they will keep you and you staff SAFE.

Tips To Avoid Workcover Fines

If you do not currently have the required documentation an easy solution is for you to contact a business that gets all the paperwork in order for you. It can:

a. Prepare a Safe Work Method Statement for you;

b. Prepare a Site Risk Assessment Form for you; and

c. Prepare an Induction Record for you.

It is then just a matter of you inspecting each site and answering short questions on the risks identified for that site on the standard documents that have been prepared for you by your OHS assistant.

By getting your OHS paperwork in order you will avoid huge fines by Workcover and keep you and your employees safe.

OHS is not a chore once you get some simple systems in place and does not need to be costly. Often all you need can be prepared and provided for less than the cost of one Workcover Penalty Notice for a breach of the NSW OHS legislation.

Tonette Watson of Safework Sydney http://www.safeworksydney.wordpress.com is passionate about keeping workers safe, so that they go home each night.

Its primary purpose is to help you comply with your Workcover NSW obligations to:

(a) Have a written Safe Work Method Statement in relation to the tasks they undertake and provide a copy to the principal contractor;
(b) Undertake a Risk Assessment in relation to each worksite they attend;
(c) Participate in an Induction by the principal contractor and ensure that all of your employees/sub-contractors are inducted.

Compliance saves lives, stops injuries and avoids large fines.

http://www.safeworksydney.wordpress.com

Article Source: http://EzineArticles.com/?expert=Tonette_Watson

http://EzineArticles.com/?Avoid-Workcover-Fines-and-Prosecution—Tips-To-Help-You-Comply-With-The-NSW-Workplace-Safety-Laws&id=6535126

The Wall Street Journal says that Senator Susan Collins asks for a one year regulatory time-out, saying actions like the new Environmental Protection Agency (EPA) rules are causing business to hunker down and results in shipping jobs overseas.

Her biography claims she has earned a national reputation as a thoughtful, effective legislator, who works across party lines to seek consensus on our nation's most important issues. First elected to represent Maine in the United States Senate in 1996, she was reelected in 2002 and 2008.

Her article is titled The Economy Needs a Regulation Time-Out: Why send jobs overseas by creating more rules for American business? Senator Collins describes the cost of new EPA regulations and uses an example of a small company in her state that may have to scrap a new $300,000 boiler he recently installed.

The unintended consequences of this are that she sees 36 American pulp and paper mills will close. That would directly put more than 20,000 Americans out of work. Her study says that an additional 70,000 related jobs will also disappear. Senator Collins projects that nearly 90,000 American workers would lose their jobs from just one of a plethora of decisions and regulations underway.

Her conclusion is that business leaders are telling her the threat of a torrent of new regulations is causing them to hunker down and is sending jobs overseas. Senator Collins says her answer to this problem is a one year moratorium on most new regulations to give the US economy more time to recover.

In his West Coast campaign appearances, President Barack Obama says the Republican complaints about regulatory job loss are not correct.

One of the two has to be correct. Which one do you think is telling the truth?

Regardless of your political leanings, you have a business to run and part of that process is to make immediate, midterm and longer term strategic decisions. There are at least three logical questions you may have to ask. Then you can decide how likely Senator Collins or President Obama is correct. Actually this process will help you estimate the possible enterprise risk management exposure for your business.

• What is your answer to the incoming wave of regulations?
• Do you agree or disagree with her suggestion?
• What examples do you have to support your opinion?

Contemplate how this issue could or would impact you as a mini version of a strategy session, contingency planning or enterprise risk management application. The answers must be made on incomplete information and periodically reviewed.

Do nothing is an answer. Hunker down strategically is an answer. Decide you can live with the political and regulatory risk is another option.

Just recognize you must evaluate this risk as part of your leadership decision-making process.

Bottom line? – Find Your Million Dollar Blind Spot Opportunities to Accelerate Correct Fiscal Leadership Decisions!

Nurture Financials – Avoid Disaster! Helping your company become fiscally fit and make you more money. THE NUMBERS WILL NOT SCARE YOU WHEN YOU LEARN TO apply this information to improve your fiscal management, profitability, re-engineer business models, and strengthen or gain competitive advantage in the marketplace.

And apply the free Fiscal Test available at http://fiscaldoctor.com/fiscaltest.html.

From the author of the upcoming book 'Improving Your Fiscal Management' and 'Stick Out Your Balance Sheet & Cough: Best Practices for Long Term Business Health'. A video of Gary discussing his book is available at http://www.youtube.com/watch?v=OXhsY8hP70A

From Gary W Patterson, FiscalDoctor.com FiscalDoctor

A major reform of the State's employment rights and industrial relations structures and procedures has recently been announced by Richard Bruton, Minister for Jobs, Enterprise, and Innovation. This overhaul is intended to streamline the current system in order to improve efficiency and reduce complexity, forum shopping and unnecessary overlap.

The current employment regime involves over 30 different employment statutes or regulations, with five redress/enforcement bodies and a upwards of six websites and thirty five different forms in use. Claimants are also faced with long delays of up to eighty weeks depending upon which forum is selected. This has led to the system becoming too complex and onerous for many employees and employers, and involves excessive delays and costs.

It is proposed that a new first instance body is to be established as a single entry portal for all employment rights cases, taking over the first instance functions currently performed by the Rights Commissioner Service, Equality Tribunal, Employment Appeals Tribunal National Employment Rights Agency, and Labour Relations Commission. This would also involve the use of a common format to submit claims and a single website to provide all necessary information. It is also intended at all appeals would be heard by a single appeals body by integrating some of the functions of the Employment Appeals Tribunal into the Labour Court. This body would act as a court of final appeal against the recommendations from the lower tier, and would assume responsibility for all legal and appellate functions currently exercised by the Employment Appeals Tribunal and the Labour Court.

The Minister has also signalled his intention to establish a new compliance model whereby grievances and disputes should be resolved as close to the workplace as possible and as early as possible after they have arisen. Another stated objective is to minimise the number of cases presenting for resolution at formal hearing through active case progression and an increased range of interventions including mediation, conciliation and arbitration.

Although the precise format for these changes has yet to be decided upon, the Minister's initiative is to be welcomed and a new streamlined system should have the effect of simplifying the currently overly-complex regime, as well as making it more accessible and cost effective.

The Minister has taken the first steps in changing the current employment rights system by appointing Ger Deering, Director of the National Employment Rights Agency to coordinate the streamlining process and Kieran Mulvey, Chief Executive of the Labour Relations Commission to take over the leadership of the National Employment Rights Agency, both of 1st September 2011. It is also hoped that the single point of entry and the single website for the five redress/enforcement bodies will be in place by the end of the year. In addition, as of the 1st August 2011 a new online application form for the Employment Appeals Tribunal has been piloted.

If you want to know more about this topics, Please visit Solicitors Dublin.

Article Source: http://EzineArticles.com/?expert=Aziz_Rahman

http://EzineArticles.com/?Reform-of-the-States-Employment-Rights-and-Industrial-Relations-Structures-and-Procedures&id=6597367

The term “flopping” in real estate transactions is an offshoot of the term “flip.” Anyone who watches late night TV knows that “flipping” a property usually means to buy a fixer-upper, fix it up, and then sell it. Ideally this occurs in a relatively short time period (to reduce the holding costs to the buyer/fixer/seller).

“Flopping” typically refers to a flip in which the purchase occurs at a short sale and in which the buyer may already have a subsequent purchaser lined up for a higher price. A lender agrees to sell the property for less than is owed on the mortgage note, the buyer then acquires and quickly resells the property.

Buy low, sell high. What could be wrong with that? The problem occurs if there is fraud. Lenders, and their guarantors such as Fannie Mae, do not have the resources to conduct due diligence on the properties on which they hold mortgages. So, Fannie Mae relies upon the short-sale buyer to provide it with information about the property?!? The buyer obviously has an incentive to overestimate needed repair costs and to underestimate the value of the property.

Once the buyer resells the property, Fannie Mae may complain that it was given fraudulent information by the buyer (or by the real estate agent, or by the seller) as to the value of the property and/or the existence of other interested parties.

Shelley Poland, a vice president at Freddie Mae, and Robert Hagberg, the associate director of fraud investigations, said in a blog post that they believe such fraud is on the rise. Freddie is requiring buyers to sign an affidavit that the transaction is “arms-length.”

What can a short-sale buyer, particularly an investor looking to flip, do to avoid an allegation of fraudulent “flopping?”

1) Have nothing to do with the listing agent or broker's price opinion as to the value.

2) Use reasonable estimates for repair costs or any other information submitted to the seller's lender when seeking short sale approval.

3) Do not exchange anything with the seller that is not reflected on the HUD1 settlement statement.

Also, beware. Freddie, and its fraud prevention unit, claim that it is fraud if a buyer/investor enters into a short sale purchase contract, identifies and contracts with a subsequent purchaser, and closes on the short-sale purchase without identifying the subsequent purchaser to the lender. see http://www.freddiemac.com/singlefamily/news/2010/0412_payoff_fraud.html

Real estate attorney James N. Graham provides real estate and business legal services in Wisconsin.
http://www.accessionlaw.com/

Article Source: http://EzineArticles.com/?expert=James_N_Graham

http://EzineArticles.com/?What-Is-House-Flopping-and-When-Is-It-Illegal?&id=6546735

Often times people facing foreclosure are improperly advised by their bank that they have two divergent paths to pursue: modify the loan, or fight the foreclosure in the court system. This is a false choice. Regardless of future goals, homeowners should always Answer a Foreclosure Complaint. My clients often find that they have a better chance of obtaining a modification by first defending their home in court.

Faceless phone operating agents on the other end of the line who tell homeowners on the verge of foreclosure that they qualify (or are eligible) for a loan modification know that their lender is simultaneously starting foreclosure proceedings. I've heard multiple variations of horror stories, but there are two basic plot lines.

In the first scenario, a homeowner falls late on mortgage payments and receives mail from their bank informing them that by submitting financial records they can obtain a modification and avoid foreclosure.

The second circumstance is the story of the homeowner who calls the bank in advance of going late on payments, explains the cause of the reduction in income and proactively asks for help so they can keep paying their mortgage. These homeowners are usually told they will be eligible for a modification only if they first default and miss three months of payments. After they go late, the homeowner usually receives the same package, indicating that by applying for modification they will avoid foreclosure.

There is a common characteristic of both scenarios which is that the bank seldom comes through with the promised modification. I have heard stories of literally hundreds of New Jersey residents who spent months, or even years, communicating with their bank to modify the loan. The homeowners gather financial information and submit the paperwork time and time again only to be told the documents are in review, the documents were never received, or some other excuse from a faceless telephone agent. Many times in the midst of the process of applying for a modification, the homeowner receives a Summons and Complaint from the attorney for the bank, initiating the formal foreclosure proceedings that the bank hopes will result in the bank owning your home.

Countless times I have had homeowners come to me, far along in their foreclosure process and years into their modification attempts tell me the reason they did not answer the Complaint was because they were modifying the loan with the bank and were told by telephone agents of their bank that answering the complaint might jeopardize their modification. This is always bad advice.

Why would a bank file for foreclosure while simultaneously considering a homeowner for a loan modification? It is a hedge of bets, a guarantee that if a modification is not a viable solution the foreclosure process will have at least been initiated. The bank is hoping that your attempt at modification will allow the bank to walk away with your home (whether or not entitled) without the scrutiny of a judge. If the lender has the homeowner convinced that the modification process is ongoing, and the foreclosure complaint goes unanswered, the bank is under no pressure to resolve the situation in favor of the homeowner.

If the homeowner passes up the opportunity to answer the complaint and defend the home, the homeowner may lose the opportunity to litigate for good. The homeowner may also miss out on the best chance to modify the loan. Worst of all, there is a greater risk of the homeowner losing their home entirely.

Often there are federal or state law violations from the origination of the loan, and there are usually procedural issues that will hinder the bank's ability to foreclose. A knowledgeable foreclosure defense attorney can identify those issues and put strong pressure on the bank.

Homeowners are far more likely to modify your loan with the assistance of an attorney than they are on your own, particularly if the homeowner simultaneously defends his or her rights in Court. If the goal is to keep the home, then a homeowner needs to utilize all resources to convince the bank to modify. If any homeowner is served with a foreclosure complaint, they must preserve all of their rights by meeting with a knowledgeable attorney and answering the complaint. More often than not there will be viable defenses, and raising these defenses will provide additional pressure on the bank to resolve the case through modification of the loan.

Adam Deutsch, Esq. is an Associate Attorney at the Law Firm of Denbeaux & Denbeaux located in Westwood, NJ. The law firm specializes in consumer rights issues with expertise in foreclosure defense, predatory lending and related issues. If you are or someone you know is in need of an attorney to help defend a foreclosure or obtain a loan modification, call 201 664 8855 for more information and to schedule a free consultation.

Article Source: http://EzineArticles.com/?expert=Adam_Deutsch,_Esq.

http://EzineArticles.com/?Am-I-Protected-Against-Foreclosure-While-Getting-a-Loan-Modification?&id=6527846

The idea of investing in real estate has appeal in that it offers a potential supplemental income for the buyer. You may have heard terms like “flipping homes,” where you buy a home at a low price, fix up, and sell for profit; or, you may be interested in buying up property for the purpose of seasonally renting it to part-time residents. However you came to be interested in real estate investments, know that there are a number of laws and regulations, as well as common courtesies, that you should be aware of before you start bidding on contracts.

Let's take a look at five situations that will require you to understand how real estate law works, and how to proceed during conflicts.

1) Any decision you make regarding a real estate investment must be approved by legal counsel before everything is signed and sealed. If you want to buy a condo, a duplex, or even an entire building, it is wise to have legal representation if you plan to do more with the property than live in it. You will need to be aware of laws regarding tenants and zoning, where applicable.

2) If you are involved in a legal dispute over property, it is important to have all the correct paperwork to support your case. While it would be ideal to have all transactions involving your property run smoothly, inevitably you may run into conflicts with renters. When claims are made with regards to your property, make sure you have written evidence to back up your statements in the event you wind up in court or in a lawyer's office.

3) To achieve a sound return on investment, consider long term commitments as opposed to shorter turnarounds on property. If you can find an excellent tenant willing to rent your property in the long-term, you may wish to consider offering multi-year leases. Offer prospective tenants a good deal, and it may save you the headache and expense of advertising your property every six months.

4) Make sure you know exactly what comprises the property in which you invest. When possible, have the property inspected and checking for zoning restrictions. You don't want to be stuck with a building or lot that you can't use.

5) Understand the mortgage and payment schedules to avoid defaulting. Make sure you know when to make payments and what your rights are with regards to paying for your property.

The more you know about the property you want, and the laws enforced in your area, the better for your real estate investment endeavors.

Kathryn Lively is a freelance writer specializing in articles on Chesapeake real estate and North Carolina lawyers.

Article Source: http://EzineArticles.com/?expert=Kathryn_Lively

http://EzineArticles.com/?Real-Estate-Law—Five-Laws-Real-Estate-Investors-Need-to-Know&id=6566494

For many people who are unaware about what a real estate attorney really is and what he or she does; a real estate attorney is a lawyer who deals with all sorts of problems that are related to real estate. Many people find a great deal of issues when it comes to matters of land and property, and it becomes quite a problem for them if they are unable to get resolved. For instance, many people who allow others to live in their real estate properties are victims of land grabbing, as their tenants fail to pay the debt and then often refuse to get out of the house.

Other issues that might arise are that if a land owner is abroad, there are high chances that someone might make fake papers of the same land and take over the real estate without even telling the actual land owner. In such cases, the help from a real estate attorney is required in order to solve the problem and get the land back. An attorney only deals with matters of land and property, as you may know so they are more like lawyers who specialize in a certain field of expertise.

Often, many people who have issues of land and real estate find it much safer to hire an attorney, as that assures them that no matter what happens, their land will remain safe. In case any sort of a problem arises regarding your land, you can easily let your attorney handle them. If you are a business man and deal with real estate property frequently, having an attorney by your side is an indispensable option.

Generally, real estate deals are quite expensive and are carried out on a very large scale, which makes it hugely impossible for people to revert them in case something goes wrong. For this reason, an attorney is required in order to attest the papers, make sure that there is nothing wrong in the documentation and then proceed with letting the deal go through. In case a wrong deal is done or the papers of the land are not complete, it can turn out to be a severe issue and can greatly reduce the overall price of the land.

An attorney will charge a price for his or her services, as is obvious. However, these services matter greatly depending on whether you are an owner of several different properties or not. If you just have a single house, it is pretty much useless for you to have an attorney on your roster as it just increases costs and does not bring about much of a change, because the use of the attorney is minimal unless there are some disputes going on regarding that piece of land.

Even though they are required pretty less, an attorney does make it easy for you to solve out your problems and then allows you to easily live in peace in your home. Whenever you think about buying a piece of land or any new property, be it commercial or residential, it is extremely important that you get the papers checked from a reliable attorney in order to make sure that they are properly drafted and completed firmly so that nothing is left out or required later on. The value of the land can also be determined with the help of an attorney, so you can check whether you are going to pay a higher price for it or not.

About the Author:
If you are undergoing issues of land and property and are looking for a good Real estate attorney who will help you in getting your problems sorted out, there are different ways by which you can them. Click here for Real estate lawyer

Article Source: http://EzineArticles.com/?expert=Benjami_Mart

http://EzineArticles.com/?What-Is-a-Real-Estate-Attorney?&id=6583515

The owners of the vast majority of flats hold them under a lease – which is quite different from owning a property outright on a freehold basis.

Providing you meet the terms stated in the Leasehold Reform Housing and Urban Development Act 1993, you have a right (along with fellow flat owners in your block) to go about buying the freehold of your block of flats instead. But you may wonder what the landlord thinks of this particular situation and what his response will be to any application by you and your fellow tenants to exercise your freehold right to buy.

In truth they have a limited number of options and they can only block your attempt if they have a valid reason in the eyes of the law to do so. If this is not the case the flat owners can continue with their freehold right to buy under the Act mentioned above.

However this does not mean they will automatically civil about the matter. If you want to buy your freehold you should be prepared that your landlord may not be happy about the situation. Needless to say they will want to at least secure the best possible price they can for the freehold you are about to purchase.

You can see why lots of people decide to enlist the help of a specialist solicitor to move through the whole process as quickly and easily as possible. There are certain time limits attached to certain parts of the freehold right to buy process and it is incredibly important that these are met. Having the right solicitor on your side will also limit the amount of contact you need to have with your landlord. This is not a bad thing if your freehold right to buy effort has inflamed some bad feeling between the flat owners and the landlord.

It is worth bearing in mind that your case may also end up going through the Leasehold Valuation Tribunal. This unfortunately happens relatively rarely – but if the landlord digs in their heels for the best possible price, the whole issue could end up being decided by the tribunal.

It is understandable that some landlords will object to the situation if it should arise. Instructing a solicitor to act on your behalf definitely makes the situation easier to manage and it also means you know everything will be done just when it should be. You cannot influence the attitude of the landlord but you can at least make the process as easy as possible to go through.

If you are considering exercising your freehold right to buy, then contact Bonallack & Bishop today. If you need advice on how to buy freehold then speak to one of their solicitors today. Senior Partner Tim Bishop is responsible for all major strategic decisions.

Article Source: http://EzineArticles.com/?expert=Tim_Bishop

http://EzineArticles.com/?What-Do-Landlords-Think-of-the-Freehold-Right-to-Buy?&id=6588904

First, a little background: When it comes to contract litigation and collections work, there are many sources of good information for the contractor who needs to hire an attorney. However, a contractor who needs to hire an attorney to handle the defense of his or her contractor's license before the Contractors State License Board (“CSLB”) has a much more difficult task: Few members of the public, including the contractor's widest network of connections, will know a sufficiently skilled and experienced licensing lawyer to recommend. Yet the stakes in a contractor license law matter can be shockingly high – far higher than what is generally at stake in a misdemeanor criminal trial or a routine business dispute that ripens into civil litigation.

The critical degree of risk in a contractor licensing case is obvious: the contractor has devoted much time to a costly and highly specialized educational and/or apprentice program. He or she has studied for months and taken a difficult and expensive examination. Then, a number of years of climbing the steep learning curve and much expense have been invested in developing a viable contracting business. For the contractor suddenly faced with license revocation, the loss of the license is the loss of their job and the loss of their means of making a living, possibly the only such means for which the individual contractor is qualified or hire-able. For the individual business owner, the loss of the license means shutting down the business, forfeiting all income from it, while still being obligated for many of the on-going expenses incurred for the purpose of doing business. There are few civil lawsuits where one's entire income and ability to make a living hangs in the balance. By this standard, then, licensing law is the ultimate high-stakes territory. Yet, still, it is practiced out of the public eye and few who need “the best” licensing lawyer have any idea how to find even a competent one. This article is offered to meet that need.

Why A Punch-List?

Punch lists. All contractors use them. It is the document used in the building trades to organize the successful completion of a construction project. Set forth here is a contractor's “Punch-List” for successfully organizing a licensing matter. The criteria set forth are task oriented – meaning that this is a Punch-list for what a skilled licensing attorney should do. It is not an inventory of necessary personal characteristics or qualities. A fine mind, extensive specific similar experience, diligent work habits, impeccable honesty, and strong communication skills are all critical, to be sure. But there is no need to draft a Punch-list for those attributes– everyone can be held to know that those qualities are essential. Instead, this Punch-list sets out what you need your Licensing lawyer to do in your case. Of course, every case is different by its facts and circumstances, and every case presents issues that require particular decisions and actions by the lawyer for the contractor. But based on more than 30 years extensive experience, there is in fact an identifiable “Punch-list” for legal services that will always position the client's case for the best possible result. So, in addition to the special requirements of your unique licensing law problem, this is what your potential Licensing attorney needs to be proposing to do in your case:

The Punch-list for Effective Contractor License Law Representation:

1. Early, comprehensive and thorough fact-gathering:

• Issue formal legal demands compelling the CSLB to share ALL of the investigation package and ALL of the evidence the agency intends to use against you.
• Subpoena all witness statements, photographs, agency records and other material the CSLB relies on for its allegations or decision against you.

2. Early and regular intervention to reduce the case:

• Immediately intervene with the CSLB investigator and other officials to persuade the agency not to go forward, or to go forward on a less serious set of allegations and proposed penalty.

3. Regular and on-going skilled negotiations with Board representatives, including the Attorney General or CSLB Counsel, and including an Administrative Law Judge sitting as Settlement Officer, to reduce the allegations and the proposed penalty.

• Presentation of alternative proposals for license discipline, or case specific conditions for license issuance.

4. Professional preparation of your case:

• Identify, find and prepare for direct and cross-examination all witnesses supporting your position.
• Prepare cross-examination of all witnesses opposing you.
• Create diagrams, video, maps, photo-journals, bench-book and other exhibits that support your case.
• Prepare, file, and argue legal motions that may limit the CSLB's ability under the law to discipline you, or may keep out of evidence material that is unfavorable to you.

5. Presentation of your case at hearing:

• Object to the admissibility of unreliable evidence against you.
• Offer into evidence all exhibits that support you.
• Examine and cross-examine all witnesses.
• Argue the case and submit a thorough post-hearing brief applying the law to the evidence admitted at the hearing.

6. Completion of any applicable post-hearing processes:

• Submit formal written objections to an unfavorable proposed Decision and argue a request for re-consideration of any unfavorable decision.
• Appear before the Contractors State License Board to argue in support of or in opposition to the Proposed Decision.
• Preserve your rights to file an expedited writ proceeding challenging in civil court an unfavorable agency decision.
• Preserve the integrity, accuracy and completeness of the administrative record in the event that a challenge in court is necessary.

That's it! That's the Punch-list for skilled representation in a contracting licensing matter. When you go for your free consultation, these are the tasks you need to be listening for when the attorney describes his or her plan for your case. If all of the lawyer's talk is about hearings – or all about negotiations, or all about any other limited slice of a contractor licensing case – beware and move on. If the proposed Agreement for Services or Retainer Agreement doesn't spell out the entire Punch-list, you need to talk further or talk to other lawyers before you sign and surrender a check.

When your livelihood or business is at stake, you need a lawyer who can do right by you in all aspects of your fight. A licensing dispute in which your professional identity and ability to earn a living are at stake can be the single most significant, expensive and emotionally challenging legal battle you will ever in life go through. Don't go through it alone; don't go through it with anyone who is less skilled, less able, or less willing than you need and deserve to protect your right to your occupation.

Article Source: http://EzineArticles.com/?expert=Michael_Claessens

http://EzineArticles.com/?Contractors:-Have-a-Licensing-Problem?-Use-This-Punch-List-to-Pick-the-Right-Attorney&id=6590307

Disclaimer: This article is not intended to be legal advice. Legal advice depends on each and every person's particular circumstance. If you have a related issue, you should consult with your lawyer who practices law in your state regarding your particular circumstance. This article is for informational purposes only.

Whoosh… SLAM!

He marched into my office after he slammed the door shut behind him.

His face was grim and his fists were balled up. He plopped down in the chair across from my desk, and he took several deep breaths and exhaled slowly. After he calmed down, he looked at me and flashed an apologetic smile.

After a few seconds, he then demanded: “Just who did he represent?! I thought he was representing ME!“

I smiled at him cautiously. Then, I carefully asked him: “Who? Who did you think was representing you?” “The Realtor!” he bellowed. “I was the buyer-and he called himself the buyer's agent-but he was not representing me! He was supposed to be representing me!”

“What made you believe that he was representing you?” I asked.

“He's a real estate agent. He was the agent for the buyer-and I was the buyer. That means he was representing me, right? He had to protect my interests over everyone else's right?”

“It's… not… that…. simple….” I replied slowly, attempting not to anger him further. “Let me see your contract with your real estate agent and all the disclosures your real estate gave to you.”

After reviewing his paperwork, I replied “No, your real estate agent was a transactional broker-he did not owe you a duty of loyalty. In other words, he did not have to put your interests ahead of his own.”

“You've got to be kidding!”

“No. I'm not….”

WHAT IS THE PROBLEM?

Many potential buyers and sellers work with real estate agents. These buyers and sellers hire realtors with the thought that these professionals “represent” them. These buyers and sellers believe that these professionals must protect their best interests over everyone else's in the transaction.

However, this is simply not the law in states like Florida. In Florida, Florida Statutes

A landlord is only as successful as his property will allow him to be. If you don't have a good rental property or you overpaid for your property, you'll have a difficult time finding success as a landlord. Choosing a rental property is the most important decision you'll make, so you have to be absolutely certain that you've put in the research to help you come to the right decision.

When selecting a rental property, there are some questions you need to consider.

]]> http://www.servingpapers.com/questions-to-consider-when-purchasing-a-rental-property/feed/ 0 http://www.servingpapers.com/how-to-choose-the-best-disability-lawyer/ http://www.servingpapers.com/how-to-choose-the-best-disability-lawyer/#comments Fri, 07 Oct 2011 13:58:17 +0000 Test http://www.servingpapers.com/staging/how-to-choose-the-best-disability-lawyer/ Continue reading →]]> Most accidents are minor and there is little or no personal injury to the victims. However, when some accidents occur, they usually result in disability. The disability could be temporary and in some instance, it could be permanent.

Most accidents are minor and there is little or no personal injury to the victims. However, when some accidents occur, they usually result in disability. The disability could be temporary and in some instance, it could be permanent. The fact that accidents are unpredictable and the fact that no one can predict which accident will result in disability is enough reason to have a disability lawyer.

There are millions of personal injury lawyers all over the world and majority of them works in one law firm or the other. Thus, it may be very hard to choose one out of all the legal practitioners available. More so, not all legal practitioners have the same degree of competence. Yet, everyone needs a law advocate that can represent them as best as possible in any dispute in court of law as well as a law advocate than can negotiate the best settlement deal.

One of the ways to choose the best law advocate is to hire someone fresh from law school. The fact remains that the legal profession is a very competitive profession. Thus, it is usually hard for fresh graduates to have a head start not to mention making a name. In fact, most fresh graduates do the researching and filling of documents in most law firms.

However, when people employ a fresh graduate to represent them in a legal dispute, chances are that the fresh graduate will put in extra effort just to win the case. A fresh graduate will want to prove his or her mettle, so there will be no room for complacency. In addition, fresh graduates may charge lesser fees by the hours than veteran lawyers.

Another great way to hire the best legal help is to follow the recommendations of family and friends. This is because they would only recommend a slip and fall lawyer that they can trust to provide the best service. However, one should be careful of hiring solely based on a recommendation. This is especially true when the person giving the recommendations has not had a personal experience with the person he or she is recommending.

There are times when legal battles involving disability settlements get the attention of the media. In such a time, the mass media usually follows the development of the case until it is settled. The accident lawyers that are involved in such a case may be employed in similar circumstances. This is will ensure similar results.

However, one needs to be careful because there are times when the success of a case I dependent on the effects of the mass media. More so, the lawyer might not have any special contribution to winning the case. More so, popular opinion often weighs in on such issues.

One may also hire a brain injury lawyer by conduction an online search. However, it is not wise to base such a decision on the information and statistics available on the website. In fact, there are times when online testimonials could be misleading. The best choice is to ask for a way to contact previous clients and ask them for their honest opinion.

There is no good or bad way to hire a law firm. More so, the choice of a lawyer is a personal matter. Yet, it is wise to choose the best disability lawyer available in order to get a good representation.

If you or a loved one have suffered serious injury, disability or death, you need an experienced, aggressive, competent and assertive Accident Lawyer Toronto on your team.

Article Source: http://EzineArticles.com/?expert=Adrianna_Noton

http://EzineArticles.com/?How-To-Choose-The-Best-Disability-Lawyer&id=6606100

If you have been in a car accident you may be worried about your monthly bills, medical expenses and other costs that come up in everyday life. Many people are seeking to obtain an auto accident settlement but have no idea how to go about getting car accident injury compensation. In this article we are going to talk more about getting compensation. We will talk about the different laws you should know about as well.

Those of you that are unaware of your rights you could be very confused as to what to do next. After being in a car accident you are probably considerably shook up in the first place. Many people have to be rushed to the hospital after a serious car crash.

After this incident your insurance company will probably start to hound you for information. They won't only speak to you; they will also speak with witnesses, police, and anyone else that knows about the case. They are trying to build a case up against you so that they do not have to pay any money.

There are different laws that govern different states. It is important that you know what auto accident laws govern your state. There are some state where it is easier to get damages than others. If you live in one of these states you are highly likely to get a settlement. If you live in a state that frowns upon asking for punitive damages you may have to hire a great attorney to get the results that you want.

The car insurance company should not be the only people that are gathering information. As soon as you are well enough you should get together as much information on the accident as possible. The police report will tell if they have found you at fault or the other person at fault. Usually this will stick, but if you want to fight it you could get a specialist to reconstruct the scene of the accident so that they can figure out what truly happened at the time of the crash.

If you think that your settlement should be more than five hundred dollars you may want to speak with a qualified professional in this field so that you can get the most compensation possible. The great thing about attorneys that work on car wreck cases is that they usually do not require any money up front. Most of these attorneys will operate on a no win no fee basis.

Get more auto accident settlement money. It is important to get car accident injury compensation that you deserve.

Article Source: http://EzineArticles.com/?expert=Jessica_L_Vine

http://EzineArticles.com/?Compensation-for-Your-Car-Accident&id=6605565

Mesothelioma is a malignant form of cancer that has the ability to take your life away. Indeed, it is the effect of a toxic material called Asbestos that is, generally, present in the building material and various other products related to it. The company manufacturing the products that has the presence of this toxic material do not alarm the employees about its ill effects and this enables the sufferers to cal for Mesothelioma lawyer. He is the legal assistance, who tends to guide you about its bad effects, the strategies that can be adopted to safeguard your rights and the approach with which the remuneration can be claimed from the employers in lieu of their negligence. After all, you deserve a rightful compensation for the wrong done to your health.

A Mesothelioma lawyer is skilled in assisting patients to fight with this dodgy condition and get the compensation for excellent medical facilities. It has been methodically confirmed that the major cause of this type of cancer is revelation to asbestos. Data and medical observance suggest that workers using this perilous material in their work are most likely to come in contact with this type of cancer. Still, people are exposed to asbestos for different reasons, such as staying in a building wadded with this material, can also build up the situation, even though they are at lesser risk. After examining your case, the Mesothelioma lawyer will inform about whether you have legitimate legal reasons to get recompense. He should also be able to guide you about the ways to sue your employer, who is the manufacturer of asbestos or another party.

The Mesothelioma lawyer should also have knowledge on latest medical treatment options that include radiation, chemotherapy, and surgery, and most patients decide to experience a mixture of these procedures to amplify their life anticipation. But survivors of Mesothelioma have reflected that treatment extends beyond hospitals, and that diagnosis can be better for patients through healthy dieting, habitual exercise and a variety of substitute therapies. As well, new treatments are available to personage patients depending on their stage of succession. With the help of Mesothelioma lawyer, after diagnosis, medical bills can be irresistible and once diagnosis is achieved a patient has his family to consider as well. There are lawful options available for such neglected victims to help attain justified compensation.

If you are looking for Mesothelioma lawyer; then, web world is the best place to look out for it because there are numerous law firms and individual attorneys that have their websites. In these websites, the lawyers exhibit and talk about their work profile, specialized areas of case handling and fee structure. With the help of this detailed information, you will be able to make proper decision as to what kind of Mesothelioma lawyer is required for your case. After all, it is the matter of claiming from the employer for their negligence and a skilled lawyer can get the things done in an easy manner to enable the sufferer for better medical treatment.

A mesothelioma lawyer is the legal assistance that allows the victims to feel safe in terms of getting justified compensation.

Author Bio:

Dean McDurmont is a master of law, who has expertise in handling Mesothelioma and other medical malpractice lawyer New York cases. With more than 8 years of experience, he has been able to do justice to numerous victims. Read more: http://www.nbrlawfirm.com

Article Source: http://EzineArticles.com/?expert=Dean_McDurmont

http://EzineArticles.com/?A-Mesothelioma-Lawyer-Is-the-Guiding-Source&id=6599352

In 2010, the Coast Guard reported 4,604 boating accidents involving 672 fatalities and 3,153 injuries. These accidents were responsible for approximately $35.5 million dollars of property damage as a result of recreational boating accidents.

The fatality rate was 5.4 deaths per 100,000 registered recreational vessels in the same year. This figure represents a slight decrease from the previous year's rate of 5.8 deaths per 100,000 registered vessels.

These accidents are extremely dangerous considering the fact that a large body of water is involved. In nearly three-fourths of all fatal boating accidents the victim drowned. Of those victims, 88% were not wearing a life jacket.

Boater inexperience and lack of instruction plays a heavy role in boating fatalities. In fact, only nine percent of deaths occurred on boats where the operator had received boating safety instruction. Furthermore, the size of the boat was a factor in the reported deaths. Eight out of every ten boaters who drown were using a vessel that was less than twenty-one feet in length.

Unfortunately, boating accidents are very similar to car accidents due to the fact that operator carelessness or recklessness is usually the cause of most accidents and fatalities. The top five contributing factors to boating accidents include operator inattention, improper lookout, operator inexperience, excessive speed and alcohol.

Similar to the way that a drunk driver can get a DUI on the open roads, a boat operator can be guilty of drinking and driving a boat while under the influence. Unfortunately drinking is a significant problem in the boating community. Many people think it's acceptable to drink alcohol while operating a large vessel-and when this happens a simple mistake can lead to serious injuries or death for anyone who gets in the way. It is not uncommon for passengers to fall off their own boats because the operator is speeding or driving in a reckless manner. Not to mention the occupants of other boats, paddle boats, jet skis and canoes.

Tragically, twenty-one children under the age of thirteen were killed in a boating accident in 2010. Of that figure, 42% of them drowned while they were wearing a life jacket. This sadly illustrates the fact that a young child can still die regardless if they were wearing a life jacket or not.

Of all boating-related deaths, alcohol use was determined to be the number one contributing factor. In effect, the majority of injuries and fatalities were the direct result of alcohol consumption. If you or a loved one were injured in a boating accident due to someone else's negligence, a personal injury attorney will be able to help you file a claim against the legally liable party. Boating accidents are not as commonplace as car accidents; therefore, they require the assistance of an experienced lawyer who takes on boating accident cases. So do not waste another moment – contact a personal injury lawyer without delay!

The Burch Law Office is a personal injury law firm located in Greenville, North Carolina. Their firm handles all types of personal injury cases including but not limited to boating accidents, car accidents, pedestrian accidents, dog bites and many more. Over the years, their Greenville personal injury attorneys have gained a reputation for providing their clients with outstanding service while fighting aggressively for the compensation they deserve. Don't make the mistake of accepting a low-ball insurance offer – hire someone who knows the system, and who won't let you be taken advantage of. To learn more, contact a Greenville personal injury lawyer from their firm or call toll free at (866) 291-1822.

Article Source: http://EzineArticles.com/?expert=Timothy_E_Burch

http://EzineArticles.com/?Boating-Accident-Statistics-and-Facts&id=6601895

Whiplash should be taken seriously, to avoid any complications developing, and this article looks at how a whiplash is actually caused, what you should do when you suspect you may be suffering from a whiplash injury and how you can take steps to aid your recovery and get back to your pre-accident state of health as quickly as possible.

A whiplash is caused when the head and neck are suddenly and forcefully thrown forwards and backwards causing the soft-tissue and ligaments in the neck to be stretched beyond their normal range of movement. This usually, but not always, happens as a result of a collision where one vehicle has gone into the rear of another vehicle (often when the vehicle that has been hit was stationary or in a queue of slow moving traffic).

You may not be immediately aware that you are suffering from symptoms of whiplash injury as it can often take several hours, or even several days, to appear. However, if you start to feel pain and discomfort in your neck, shoulders and upper back, experience headaches, nausea, restricted movement, pins and needles or lethargy then you could very well be suffering from a whiplash injury. As soon you start to feel any pain or discomfort following an accident you should visit your GP or local A&E Department to seek medical advice.

To aid your recovery and get your body back to its pre-accident condition as soon as possible, you should listen carefully to the medical advice you receive and make sure you follow the advice you have been given. You may be advised to take strong painkillers, to carry out some gentle mobility exercises or to undergo a course of physiotherapy (depending on the extent of your injury). Ignoring medical advice can lead to a delay in your recovery and my even cause complications to arise.

In summary, as soon as you think you may be suffering from a whiplash injury you should seek medical advice from your local A&E department or GP and follow this advice carefully to aid your recovery. Getting help and treatment for your whiplash injuries immediately is an important part of the recovery process. Making sure you have peace of mind that someone is looking after your whiplash injury claim is also an important part of this recovery stage, as it ensure that you'll receive the most appropriate care for your whiplash injury now and in the future.

Nicholas Jervis – Loyalty Law (non-practising Solicitor)

Article Source: http://EzineArticles.com/?expert=Nicholas_P_Jervis

http://EzineArticles.com/?How-To-Ensure-You-Recover-From-Your-Whiplash-Injury-As-Quickly-As-Possible&id=6588722

After a car accident, dealing with an auto insurance company can be a true hassle. They may utilize techniques to trap you into receiving less money than you are entitled to. Here is a classic example of one of these traps.

An insurance adjustor tells someone who has a car that is technically “totaled”, that if he or she wants to keep the car and fix it himself, they are going to deduct a large salvage value from the settlement (let's say $500). They will say this large deduction reflects what the wrecked car is worth currently. The adjustor also states that the car prior to being totaled was only worth $2000, so you are only going to receive $1500 for the totaled car.

This is not an unusual example, it happens frequently. This is a trap as the insurance company will tell you when your car is NOT totaled it's worth much less than book value but now that it IS totaled it's worth a lot of money. This way, they can subtract their high salvage value and leave you with very little money left over.

The best way to keep an adjustor from get away with this is to call a junk yard and ask them what they would pay for your vehicle. If the junk yard says $75, you have your answer. That's a big difference from $500! When adjustors hear you want to keep your “totaled” car that says to them you have an emotional attachment to it. Then it's time for them to play on those emotions. They will try to subtract too high of a salvage value from the money you legally deserve. If an adjustor trys to tell you your totaled car is worth too much, just tell them to call the junk yard you got your offer from and they'll start negotiating better!

Here's a famous tactic that may occur. Let's say you do this and the adjustor still will not offer you what your car is worth? Do you have to accept their low ball offer? Of course not. However, the tactic that an adjuster may use is designed to force you into submission. He or she will say “Of course you don't have to accept my offer on your vehicle. However, since we have now made what we feel is a fair offer for the value of your vehicle, we no longer have any obligation to furnish you with a rental car. Make sure you turn the car in by 5 pm or we'll call the cops and report it stolen!”

The adjustor wants you to panic obviously. You probably will if you are not prepared. With no car you could lose your job, then your house, etc. So the insurance adjustor wants you to think you have to accept the low ball offer. The only way to prevent this trick from working is by providing other transportation to yourself for a few days. Borrow a friend's car, rent a car yourself, or get a ride to work. This way the adjustor can see you are not desperate for the low ball offer, and it will usually start to rise.

The personal injury Law Offices of RJ Hurwitz help Arizona injury victims and their families obtain justice while restoring dignity. The practice offers top notch Phoenix car accident lawyer and Phoenix car accident attorneys.

Call 866-500-3232 for your FREE consultation TODAY!

Article Source: http://EzineArticles.com/?expert=David_L_Greene

http://EzineArticles.com/?Do-Not-Let-Insurance-Companies-Trap-You-After-Your-Car-Accident&id=6586964

What Is My Case Worth?

What is a broken arm worth? How about a bulging vertebral disc that causes nerve pain down the arm for six months until surgery fixes it? What if the surgery doesn't work? Unfortunately, there is no science to this. In fact, here's the crazy way that our society figures out what a broken arm is worth: we drag twelve people away from their work and their families, make them sit in uncomfortable chairs in a courtroom, force them to listen to a bunch of witnesses tell their stories, then lock them in a room and don't let them come out until they've decided how much that broken arm is worth. Letting a jury decide might seem crazy, but it is a system designed to be fair to all parties involved. And I can't think of a better way. Can you?

Because each trial will have a different jury, it is impossible to say with any absolutes how much a personal injury claim will be “worth.” Of course, over 95% of cases never go to a jury. We decide how much those are worth by trying to figure out what a jury would say. As lawyers, we look at other “similar” cases in the past, see what juries awarded in those, and make our best estimate based on every detail we know about the situation, the medical records, any laws that apply, the personalities and histories of the people involved, the evidence regarding whose fault the accident was, the policy limits, and so forth. If you decide to pursue your case yourself, you will need to do the same – which is why some people feel the need to hire a lawyer.

But because, during a trial, the value is decided by twelve human beings, with all the flaws and prejudices that human beings have, there is a whole lot more to be taken into account than just the injury. How much the jury likes you will matter a whole lot. How much they like your witnesses will matter too. And how much they like the person who hit you. The judge has a tremendous amount of discretion, and the judge's rulings can affect a trial. How good your doctors are at teaching a jury matters a lot. What the police report says matters. In fact, so very many things matter, that it's really not possible to figure out what a case is worth until an extensive investigation has been done. But of course, there are guidelines. Here's one: your case is probably worth less than you think, but more than the insurance adjuster is willing to pay. Even though a book cannot tell you what your specific case is worth, we can educate you about the different kinds of “damages.”

Damages is a vague term that helps us encompass all possible types of compensatory monies an injury victim might receive from a claim. In Oregon, there are two basic kinds of damages you can recover for a personal injury case: “economic damages” and “noneconomic damages.” These used to be called “general damages” and “special damages,” and you will sometimes still hear lawyers use these words. But the proper terms are economic and noneconomic damages.

“Economic damages” is the compensation you can get for any money you have lost due to the collision. Examples include:

]]> http://www.servingpapers.com/how-to-determine-the-worth-of-your-personal-injury-accident-claim/feed/ 0 http://www.servingpapers.com/five-types-of-compensation-that-can-be-claimed-in-personal-injury-cases/ http://www.servingpapers.com/five-types-of-compensation-that-can-be-claimed-in-personal-injury-cases/#comments Fri, 07 Oct 2011 13:58:12 +0000 Test http://www.servingpapers.com/staging/five-types-of-compensation-that-can-be-claimed-in-personal-injury-cases/ Continue reading →]]> Claiming compensation is a highly regulated business. So, for any accident, it is not difficult to work out how much compensation can be claimed. However, the total entitlement goes beyond the costs relating to the injury directly. This article looks at five types of compensation that can be claimed in personal injury cases, helping to increase the overall figure.

For many people, there is an expectation that the sum of compensation received in personal injury cases is for the court to decide. But while the final sum is awarded by a court, or an offer made by the defendant in an out of court settlement, the actual amount is not completely out of the claimants hands. The claim itself must be for a particular amount.

Calculating a final injury compensation figure is not a particularly complex process, and an experienced injury lawyer will have little trouble in coming to a fair sum. This is mainly because every type of injury and illness that one can claim for has a minimum and maximum value range. The reason for this is to prevent exorbitant sums being sought, but it also means that should a claimant have an accident at work that results in a leg injury, they have an idea of what they might receive for it. There are five general entitlements that any claimant has, relating to income, accrued expenses and even loss of a holiday.

Lost Income

This is the obvious type, and the first to come to mind. It is understandable since an injury can rule a person of out work, either for the short term or the long term. What should be kept in mind is that it is the net income lost that is claimed, which means that the figure is the salary after tax. If the injury was sustained from an accident on work premises then the employer will usually continue to pay a salary, even though the employee is not in work. If there is any difference between the salary at work and out of work, then this can be claimed. This occurs when the claimant is usually paid on commission.

Travel Expenses

If an injury forces the claimant has to make journeys for treatment then the costs involved can be claimed back. This relates to taxi fares or bus fares to a hospital to treatment clinic, or perhaps a train fare if the claimant needs to travel between cities. In the case where a private car is used, it is normal to claim a mileage rate of around 40p per mile.

Medical Expenses

After loss of earnings, this is probably the second most obvious type of compensation claim. Medical costs are easily calculated as any hospital or clinic will provide receipts and have register details of any treatments on official medical records. However, the prescriptions that are given are also claimable, so each renewal of the prescription needs to be recorded too.

Nursing and Care

Depending on the severity of the injury, a home nurse may be required to maintain 24 hour medical attention. This is not included in medical expenses as most home nurses are provided by independent home nursing companies. All invoices during the term of the nursing agreement should be kept, and the total amount can be claimed back. Perhaps surprisingly, a claimant is also entitled to get compensation for any nursing and care provided by family members. An hourly rate can be claimed, though the rate should be well within the industry norm and the number of hours should be realistic.

Loss of Holidays

This is probably a surprise, but if a holiday or weekend break had been booked, and the accident forced that time away to be cancelled, the claimant is entitled to seek compensation. If an injury also caused a claimant to lose their annual holiday entitlement, even though nothing had been booked, then a claim can also be made for that.

Even stranger is the fact that if a claimant decides to go on holiday with their injury, then they can also claim compensation for loss of enjoyment. There are other areas that a claimant can claim on, and this is the confusing area for many people. A good injury lawyer will know the full scope of personal injury compensation entitlements, so it is not something that the lay person needs to worry about. But from road traffic accidents to an accident at work, it is worth being aware that there is more than just the injury to seek compensation for. The full injury compensation sum can climb quite high, but should the injury be serious, causing real pain, real loss of earns, and even a long term debilitation, then it is only just that every type of entitlement is recovered.

Sarah Shore writes articles for Accident Injury Direct, one of the leading injury compensation claim companies in the UK. When making an injury compensation claim, you are assisted and advised throughout the process. Personal injury claims can be made for road traffic accidents and any accident at work. Slippery floors and loose fixtures are just a few of the many causes that lead to compensation claims. Professional accident solicitors help you to get whatever amount you are entitled to.

Article Source: http://EzineArticles.com/?expert=Sarah_Shore

http://EzineArticles.com/?Five-Types-of-Compensation-That-Can-Be-Claimed-in-Personal-Injury-Cases&id=6600861

An inventor may file a provisional patent application to protect an idea while she continues to refine and develop that idea. For example, the inventor may begin work on a promising stent material concept for reducing scarring around a stent inserted in an artery. To protect the innovation, the inventor may file a provisional application detailing all the inventor knows about how the invention will be implemented. The provisional application will protect the idea by establishing a priority or filing date for the invention. The provisional application is then converted into a utility patent application within one year. The utility patent application can claim the priority or filing date of the provisional application for all inventive concepts that were included in the original provisional patent application.

Unfortunately, many inventors stop worrying about intellectual property protection after the original provisional application is filed until it is time to convert to the utility application. As a result, they miss several important opportunities to improve the quality and breadth of the utility application. Inventors can increase the value of a utility patent protecting an invention if after filing a provisional application they record alternate embodiments of the invention, note implementation details as they refine the concept, and file incremental provisional applications to protect new innovations.

Inventors typically experiment with a number of different embodiments of an invention as they refine it for a market introduction. Many of these different embodiments would ultimately make viable products, although in the short run the inventor may choose just one embodiment because of the need to focus on a single candidate or because of unsolved technical problems. All of these embodiments are part of the invention even though all may not be immediately productized. Inventors should record all of these embodiments and provide them to their patent attorney when it is time to convert the provisional application. This will help prevent the unintentional exclusion of viable embodiments from the utility application.

When refining and productize in an invention, inventors often solve a number of implementation problems. Many of these solutions seem insignificant, but they may be important in providing further protection for the invention. Inventors should note these implementation details and discuss them with their patent attorney when it is time to convert the provisional application. The inclusion of these implementation details can greatly strengthen a patent.

In highly competitive markets such as the development of Medical Devices, a few weeks difference in the priority date of a patent application can be the difference between receiving broad, valuable protection for the invention and being forced to settle for narrow protection or no protection at all. This is the primary reason for filing a provisional patent application, to establish an early priority date. However, in the refining and development of an innovation, inventors typically create many additional inventive elements that will not have the benefit of the original provisional's priority date. These additional inventive elements often prove to be as valuable as the original idea. Inventors should consider filing incremental provisional patent applications to secure the earliest possible priority date for these additional innovations.

Recording alternate embodiments, noting implementation details, and filing incremental provisional applications after the filing of an original provisional application assures that all of the invention's subsequent inventive elements will be included in the utility patent application with the earliest possible priority dates.

Scott Thorpe is a Registered Patent Attorney at the law firm of Kunzler Needham Massey & Thorpe. Learn more about provisional patents at his website.

Article Source: http://EzineArticles.com/?expert=Scott_Thorpe

http://EzineArticles.com/?What-To-Do-After-Filing-Your-Provisional-Patent-Application&id=6548705

In an earlier article I discussed a recent Federal Circuit decision, and the possibility that it may be an outlier or the start of a change in United States law regarding software patents. If this decision is the start of a change, patent applications for software innovations would do well to anticipate likely changes in the law.

I don't know if or how software patent law will change, but I can make a good guess based on prominent decisions from the past. Judges like to at least appear to make decisions that are consistent with past rulings, even when they are dramatically changing the law. By looking at some important software decisions, one can anticipate and prepare for even significant changes.

In the Supreme Court's recent decision on software patents, the Court changed the law so as not to limit “software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals….” With such strong, recent support for protection for software inventions, a change in the law is unlikely that would eliminate software patents entirely.

However, an even earlier Supreme Court ruling, found fault with a software patent claim that was so abstract that it covered all uses of a particular conversion. If patentability for software innovations is narrowed, it is very likely that applicants will be required to claim a specific, well-defined use of an algorithm or process. Therefore applicants should include descriptions of very specific, limited uses of an algorithm or process in their applications.

The Supreme Court's earlier decision also held that a purely mental process that could be done by a person was unpatentable even if performed by a computer. So if software patents are restricted, it is also likely that processes that claim only steps that can also be done by a person will not be allowed. A machine must be integral to the invention.

To anticipate a change to the law that restricts patents for processes that can be done only by the mental effort of a person, one should include support for limiting claims to include hardware actions that can't be performed by a human. For example, a rendering of results, digital communications through specific hardware, or direct communications with a digital interface may be enough to distinguish a patentable invention from purely mental process.

Finally, there is international precedent for allowing operations to be patented that include a hardware limitation as part of a key inventive element. China and the European Patent Office ostensibly do not allow algorithms to be patented. Yet these jurisdictions regularly allow patents where hardware is key to an important step of the invention.

To anticipate a similar legal doctrine in the US, a software application should now include hardware descriptions and distinctions relating to the key operations and actions. If needed these descriptions and distinctions could be used to show that the invention is more than an abstract algorithm.

By including elements like these in a software patent application, an inventor can prepare for changes to the law that might otherwise prevent the granting of protection for a software invention. We don't know if the law will change, but being prepared never hurts.

Scott Thorpe is a Registered Patent Attorney at the law firm of Kunzler Needham Massey & Thorpe. Learn more about CyberSource and software patents at his website.

Article Source: http://EzineArticles.com/?expert=Scott_Thorpe

http://EzineArticles.com/?Software-Patent-Strategies-If-Federal-Circuit-Decisions-Results-in-a-Change-to-the-Law&id=6556181

A license is a written contract and may include whatever provisions the parties agree upon, including the payment of fees whether one time or royalties. It is a way for commercialization of a patent. Licenses are revocable since it is a contract with performance obligations, the failure to comply with them may lead to the termination of the license, and the patent exclusive rights coming back to the licensor. Several companies such as IBM and Microsoft, and Universities around the world generate large amounts of revenue via patent licensing.

Broad Classification of License Agreement

In License (obtaining a license for a patent)

Out License (granting a license for a patent)

Before going for licensing, a company should do strategic planning by identifying the potential opportunities and then contacting with potential partners, negotiation and management of deals post-completion.

In License Agreement

It is an agreement by which a party acquires the rights to use a patent. In-licensing allows a company to obtain IP rights, without the risks and costs involved in the otherwise tedious and long R&D.

Benefits of In- Licensing:

Widening of a company's IP Portfolio

Speeds up research

Accessibility to new products and processes

Enable a company to obtain rights in platform technologies to assist in internal R&D activities

To avoid infringement action

Financially rewarding, as the cost of procuring a license may be very less as compared to the cost incurred on in-house R&D

Things to take care of before in licensing a patent:

Scope of claim should be broad enough to encompass any obvious design modifications to the licensed-in technology. For a narrow claim set, a competitor may be able to potentially “design around” the patent claims and commercialize a competing product, thereby undermining the value of such a patent.

Patent portfolio should not be involved in any Infringement legalities

Check whether the technology is of interest, be it a product or a method, and is actually covered by the claims of a patent portfolio. A patent does not give the owner the right to practice the invention; rather, it provides the owner with the right to exclude others from making, using, selling, offering for sale, or importing the patented invention for the term of the patent. Therefore it is crucial to check whether the issued patent claims actually cover the technology.

Out Licensing Agreement

It is an agreement by which a patent holder grants the right to use a patent to a third party

Inventors license-out their patented invention to a company that has the capability and the desire to develop the technology for commercialization.

There are numerous reasons to out-license a product or technology:

Earns ROI for product development

Revenue generation from obtained patents or for acquiring early returns from a technology not meeting criteria for investment/development

Freedom to operate in new industries and job opportunities

Royalty income

Entry in an export market niche through specific geographic regional licensing

Types of Patent Licenses

Exclusive License

Non Exclusive license

Sole License

Cross License

Exclusive license: In an exclusive license, the licensor keeps the title to the patent but retains no other rights for itself. The licensee acquires the right to sub-license the patent and sue for patent infringement. Exclusive licenses may be limited to a geographical region, to a particular field of use, or to a specified period of time. A patent holder may, therefore, retain the right to exploit the invention in other territories or fields of use, or to license patent rights to a different entity, perhaps also on an exclusive basis. In addition, an exclusive license does not alone grant a right to sublicense. This right must be separately granted.

Non-exclusive license: A non-exclusive license allows the licensee to license some or all of the rights to a number of third parties, and also to retain the right to use the patented invention himself. Non-exclusive licenses may also be restricted to a particular territory, field of use, or period of time.

Sole License: A sole license entitles the licensor as well the licensee to use the licensed patent or product with the condition that the patent owner may not license it further to any other entity. Sole licenses are less risky than exclusive licenses for the licensor as they are not totally dependent on the licensee; however, the royalties with a sole license are usually slightly lower.

Cross Licensing: Cross licenses are negotiated when two companies have patents that read on to others product or processes. Instead of taking a litigation, the two companies can enter into a cross license. When large corporation's extensive intellectual property portfolios are involved, cross-licensing helps, as rights to intellectual property may be exchanged while no royalty payments are involved or a balancing payment is worked out. It is highly precompetitive as each company is free to compete, both in designing its product without the fear of infringement and in pricing its product without paying per unit royalty to the other entity. It is an agreement between two companies that grants each the rights to practice the others patent. It may be restricted to a field of use or geographical restrictions.

Effectual Services is a Patent Research Outsourcing company that helps its clients draft and file both provisional and non-provisional patent applications. We also provide other Intellectual Property Services such as, patentability search, prior art search, freedom-to-operate search, invalidity search and Patent Infringement.

Article Source: http://EzineArticles.com/?expert=Satya_Tyagi

http://EzineArticles.com/?Introduction-to-Patent-Licensing&id=6570158

When an inventor has created an innovation, she traditionally patents the idea. Patenting allows her to prevent others from copying her idea for the life of the patent. It also prevents a later inventor who conceives of the idea independently from subsequently patenting the same idea and then preventing the original inventor from using her own invention.

However, there is another option for protecting an invention without filing for a patent, the option of secrecy. Using secrecy to protect an invention, the inventor simply does not disclose the details of the invention by filing a patent application or through publication or other public disclosure.

Secrecy is an effective protection when the important invention cannot be readily discovered. For example, chemical processes are often difficult to discover even if one knows the composition of the final product. The formulas and processes may be difficult to determine, even after expensive experimentation. Similarly, software inventions cannot be reverse engineered if they are kept securely protected on the inventor's own servers.

If another inventor later independently creates and patents the same invention, the original inventor has a defense against a charge of patent infringement because of her prior commercial use of the invention. This defense is available if the original inventor used the invention commercially a least one year before the subsequent inventor either filed the patent application or publicly disclosed the invention prior to patenting the invention. However, if the use was less than a year before the subsequent inventor filed the patent application, then the original inventor has no prior commercial use defense.

Protecting an invention by keeping it secret is probably a risky strategy if one's competitors are pursuing a similar product development strategy. They may develop the same invention and file for protection before a full year of commercial use has established the prior commercial use defense. And they are likely to try if one's own product using the invention is successful. However for inventions that are difficult to discover and that one believes competitors will not discover independently soon, secrecy is an excellent option.

An inventor choosing secrecy should treat the invention as a trade secret, limiting the internal dissemination of information about the invention and marking the information as secret or confidential. The inventor should also rigorously document the earliest date of commercial use.

The biggest advantage of secrecy is that it never expires. However, valuable secrets are often discovered independently and surprisingly quickly by competitors, or they are leaked or stolen. Competitive advantages do not usually go unnoticed and un-duplicated for long.

Scott Thorpe is a Registered Patent Attorney at the law firm of Kunzler Needham Massey & Thorpe. Learn more about protecting inventions with secrecy at his website.

Article Source: http://EzineArticles.com/?expert=Scott_Thorpe

http://EzineArticles.com/?When-To-Use-Secrecy-Instead-of-a-Patent-to-Protect-an-Invention&id=6581851

Copyright protection: What It Is and Is Not Protected From Being Used Over and Over Without Authorization

Copyright – It's the form of protection for creators of original works regardless of what kind of original works such as writings, paintings, movies, sound recordings, photographs, musical works, literary works, live performances, sound broadcasts or software under the software copyright law. The protection is given to both unpublished and published works.

The U.S. Copyright Protection Act provides owners the exclusive rights to do the following:

- Replicate the work

- Generate more works based on other work

- Hand out copies of work for sale, by lease or transfer of ownership

- Perform work in public

- Show public copyright material

The owner of the copyrighted material can give permission to other people to do the work. Or simply give out the entire authority by use of transfer of copyright.

Copyright law just covers the fastidious form and/or manner in which the data or idea has manifested. It doesn't cover the real idea, facts, concepts or techniques seen in the copyright material.

For instance, the “Superman” comic books are copyright. Thus, they cannot be replicated or dispersed for sale without getting authorization from the owner. The copyright material also denies others to create similar works that involve the character “Superman”. It does not mean, however, that people cannot create a super-human character.

What Can Be Copyrighted?

Copyright protection stems to an author's original works that are tangible forms of expression. Examples of works that are tangible forms of expression include: stories written on paper, songs recorded on tape or computer program saved to a disk. Copyright works include the categories below:

- Architectural works

- Dramatic works – Includes accompanying music

- Literary works

- Motion pictures

- Musical works – Includes accompanying words

- Pantomimes and choreographic works

- Pictorial, sculptural, graphic works

- Sound recordings

The categories should be looked at in a broad manner. Why? Think of it this way: computer programs and compilations can be registered as literary works while architectural plans and maps can be considered graphic, sculptural and pictorial works.

What Does Copyright Not Pertain To

There are several categories that don't qualify for copyright protection. These include the following:

- Works that are not in tangible forms of expression such as improvisational speeches or performances that was never written and/or recorded.

- Ideas, concepts, procedures, discoveries, devices, methods, etc.

- Short phrases, titles, names, slogans, familiar designs or symbols, lettering, coloring, contents, ingredients, etc.

- Work is made up of common property and contains no original authorship such as tape measures, rules, calendars, lists, tables, height charts, weight charts, etc.

Go to Free Legal Forms site where you can get many Legal Forms, Documents and Papers for free in PDF format, including helpful legal issues and information including Workplace Discrimination Law and other workplace laws.

Article Source: http://EzineArticles.com/?expert=James_L_Kirkland

http://EzineArticles.com/?What-Is-Copyright-Protection-and-the-Details?&id=6574377

The Korean Patent Act and the Korean Utility Model Act were revised in May 2011, making it mandatory for patent or utility model applications to disclose information on prior art related to the invention.

Up until now, when filing a patent application at the Korean Intellectual Property Office, there has been no requirement to disclose information on prior art related to the invention in the patent specification. Nevertheless, it had been customary under Korean patent practice to describe background art in the specification, and the lack of such disclosure can often be regarded as failure to provide adequate information and fulfill the description requirements for the specification.

As of 01 July 2011, an application filed on or after this date at the Korean Intellectual Property Office is required to disclose information on prior art related to the invention in the patent specification. The same also applies when filing for a Korean Utility Model on or after the same date. Failure to meet this requirement will result in the application being rejected during the examination stage.

The Korean Patent Act has been revised and requires that “the specification must describe 'background art of the invention'”. Furthermore, to meet this requirement the prior art disclosed must relate to the invention as disclosed in the claims. The disclosure may include references to specific documents, such as the publication number of a patent, or in the case of other publication, an author, title, publisher or date.

According to the Examination Guidelines of the revised Korean Patent Act, there is no requirement to detail or describe the content of any cited prior art. It is sufficient to only reference these documents providing they contain adequate background information related to the invention.

Nevertheless, when referencing prior art, it is advisable to include a brief description of the cited documents. In cases where the invention is related to an entirely new inventive concept and as such no related prior art is available, background art related to the main technical feature of the invention may be mentioned.

For any application filed on and after 01 July 2011, objection will be raised if the patent specification does not disclose any prior art related to the invention. The applicant can address the objection by filing amendments and adding relevant prior art information to the specification. However, care should be taken as to not introduce added matter, which is impermissible, to the application.

Applications filed before 01 July 2011 will not be affected by this recent change. Furthermore, failure to reference relevant prior art in the patent specification does not constitute a ground for invalidation after grant of the patent.

Albright Patents is a full service UK and International patent and trademark attorney company offering representation before the UK Patent Office (UKIPO), the European Patent Office (EPO) and internationally before WIPO (World Intellectual Property Organisation). We can also file patent applications in almost any country throughout the world.

We pride ourselves on offering a personal, responsive and competitively priced service with commercially sound, proactive advice on patenting. We put our clients first and have a strategy to support your enterprise. Clients are able to speak directly to the patent attorney handling their case.

Visit the UK & European Patent Attorney web site

Visit the International Patent Attorney

Article Source: http://EzineArticles.com/?expert=Robert_Games

http://EzineArticles.com/?Recent-Changes-to-the-Korean-Patent-Act&id=6596688

If you have an invention that is 'green' or environmentally-friendly, then more patent offices around the world are now offering 'fast-tracking' procedures to grant your patent in months rather than years.

'Green Technology' programmes that offer an accelerated patent process for applicants with eco- or environmentally-friendly inventions have been well received in the UK and the US (See 'Accelerated Grant of UK and European Patents' and 'Accelerated Granting of US Patents'). If you are interested in obtaining intellectual property (IP) protection for your 'green' patent elsewhere, you may be pleased to know that more patent offices across the globe have their own equivalent programmes:

Canada

Canada launched its own 'fast-track' program in March 2011. Applicants had previously been able to request acceleration on any type of patent application provided they pay a fee, but for green technology applicants requesting acceleration, no additional fee is required. In order to be granted access to this service, the applicant must submit a declaration stating that their application relates to an environmentally friendly or conservational technology.

Australia

IP Australia is also giving 'green' innovators a helping hand in finding a fast track to the marketplace. Richard Marles, Parliamentary Secretary for Innovation and Industry in Australia confirmed that requesting accelerated examination under Australia's green technology programme bears no extra cost, and that once applicants have successfully entered the fast-track system, they may only have to wait 4 – 8 weeks before receiving an examination report.

South Korea

The South Korean government is keen to get 'green' technologies onto the market as quickly as possible and reduce carbon emissions. The average waiting time for ordinary examinations in the Korean Intellectual Property Office (KIPO) is about 18 months, but patents evaluated under the new “superspeed” patent examination system program may receive the first examination report and/or grant in as little as one month. The fast-track program in Korea has a narrower category of technologies that qualify for this acceleration in comparison to the US and the UK; qualifying technology in South Korea must be related to minimizing emissions of pollutants or technologies that have received green funding or authentication. The system in South Korea has been effective from October 1, 2009.

Israel

As of December 2009, a new category of patents that promote environmental protection was introduced in Israel. The new category, also known as “green patents” will receive priority from the Israeli Patent Office requiring neither a declaration nor extra fees, distinguishing it from the previously existing accelerated examination procedure. However, when filing for a 'green' patent in Israel, the applicant will need to briefly explain why the technology or concept in the patent helps advance environmental protection and therefore why it should be considered as being environmentally friendly. Additionally, you may still request acceleration of your 'green' application if it is already pending.

Albright Patents is a full service UK and International patent and trademark attorney company offering representation before the UK Patent Office (UKIPO), the European Patent Office (EPO) and internationally before WIPO (World Intellectual Property Organisation). We can also file patent applications in almost any country throughout the world.

We pride ourselves on offering a personal, responsive and competitively priced service with commercially sound, proactive advice on patenting. We put our clients first and have a strategy to support your enterprise. Clients are able to speak directly to the patent attorney handling their case.

Visit the UK & European Patent Attorney web site

Visit the International Patent Attorney

Article Source: http://EzineArticles.com/?expert=Robert_Games

http://EzineArticles.com/?More-Countries-Offering-Accelerated-Patent-Process-For-Green-Inventions&id=6600973

In previous articles I've commented on how recent Federal Circuit decisions could alter patent law relating to software inventions. The court may have significantly clarified the core issues as to whether a software invention is patentable subject matter. It also suggests a number of steps that can be taken in patent applications for software inventions that will increase the likelihood that they will be patentable subject matter in the future as the law devolves.

Earlier decisions suggested that executing an algorithm with a computer was not of itself enough to a machine. As a result, there was speculation that standards for software patent ability may change. This seemed to be departure from an older standard that software executing on a general purpose computer was a machine and so could be patentable subject matter.

The courts are sensitive to public opinion and to perceived misuse of the legal system. There is currently much criticism that software patents are stifling innovation in the United States, and that non-practicing entities are abusing the patent system to earn money they haven't earned. The courts often adjust interpretations of the law in response to such a public outcry over perceived abuses.

For example, the Federal Circuit had decided that anything that produced 'a useful, concrete and tangible result' could be patentable subject matter. This led to a dramatic increase in the number of patents filed four business methods, such as ways of selling insurance. The Federal Circuit later modified the standard because of the sharp increase in business method patents, many of which were felt to be anti-competitive and obvious. Many speculated that recent decisions could be the start of a similar backlash towards software patents.

However the court's most recent decision indicates that any changes in software patent law, if any, will probably be small. The decision seems to stand for the idea that software inventions are patentable subject matter if they are a practical application of an idea, even if the idea is an abstract one. The court distinguishes such a practical application from a mathematical algorithm, purely mental steps, or an abstract concept. The key issue seems to be how abstract or practical the invention is. Abstract ideas are not patentable, while the practical applications of abstract ideas can be patentable subject matter.

The decision suggests a number of steps one can take in preparing a software patent application for invention so that the invention is patentable subject matter. One is to include description of the computer interface. The computer interface helps remove the invention from the abstract realm and makes it a practical application. Software patent applications should describe and/or claim embodiments of the computer interface. In addition, applications should describe and/or claim interactions between the various compliments of the invention. This will further assure that the invention is viewed as a practical application rather than as an abstract idea.

Software innovations are critical to an innovation economy. The Federal Circuit seems to be indicating that inventors will continue to be able to protect their software innovations as long as they are practical applications.

Scott Thorpe is a Registered Patent Attorney at the law firm of Kunzler Needham Massey & Thorpe. Learn more about CyberSource and software patents at his website.

Article Source: http://EzineArticles.com/?expert=Scott_Thorpe

http://EzineArticles.com/?Software-Patent-Law-in-View-of-Recent-Federal-Circuit-Rulings&id=6594806

With the passing of HIPAA, the Healthcare Insurance Portability and Accountability Act, in 1996, the treatment of medical records retrieval and sharing has become much more serious. The privacy of medical information has become an important matter, and breaching the HIPAA regulations surrounding this information can lead to some pretty serious consequences. For anyone working in a healthcare setting, it is important to not only know the laws regarding HIPAA, but it is also crucial to know what can happen if you do not follow these rules and regulations. Here is an explanation of the current consequences for violators of HIPAA most recently updated in 2009 with the passing of the American Recovery and Reinvestment Act.

The lowest violation of HIPAA regulations is that of the employee or individual who simply was unaware of the regulations. If there is proof that the violator has not gone through proper medical records retrieval training, the individual can be charged with a minimum penalty of $100 per violation with an annual maximum amount set at $25,000. Individuals who are unaware of the law can also be charged with the maximum of $50,000 per violation (not exceeding $1.5 million annually). This maximum penalty applies to all types of HIPAA regulations violations.

The next tier on the scale of HIPAA violations includes violations made by individuals who were trained in the proper handling of medical records retrieval and sharing but violated because of a reasonable and provable cause. If HIPAA laws were knowingly violated, but the violator feels that these laws had to be broken in order to obtain something, etc., then the minimum punishment that he or she will receive is a fine of $1,000 per violation not exceeding $100,000 annually.

On the other hand, if an individual has received the proper HIPAA regulations training and is certified to handle medical records retrieval and sharing, and he or she violates, the punishment is more serious. If the offense is corrected within a set allotted amount of time, but is still made due to simple neglect or by ignoring the rules in which the individual has been trained, the minimum fine that he or she will have to pay is $10,000 dollars per offense not exceeding $250,000 annually. If the violator does not correct the violation in the allotted amount of time and knowingly violates HIPAA laws, the minimum that he or she will have to pay is $50,000 per violation, not exceeding $1.5 million a year, the maximum amount that can be charged for any HIPAA regulations offense.

Violating HIPAA is a serious offense and the federal government feels strongly about protecting the privacy and rights regarding the medical records retrieval and sharing of its citizens. These violations are not treated lightly, and are more costly than many other law related fines, and for a good reason. The privacy and treatment of patients and individuals within the healthcare system is crucial to the quality of life for all Americans. Without protecting this information, citizens can be taken advantage of and harmed, so though the fines for violating HIPAA regulations may seem steep, the price paid for not having them in place would be much greater.

A brief explanation of the consequences for violating the HIPAA regulations for medical records retrieval and sharing, and the price that comes with these consequences.

Article Source: http://EzineArticles.com/?expert=Sarah_Ballentine

http://EzineArticles.com/?Violation-of-HIPAA-Regulations:-A-Serious-Offense&id=6581983

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice. This article explains how to fill out a MC-12 California judicial council form to record judgment interest and costs.

How to fill out page 1 of a MC-12 form:

At the top of the form, put your name, address, and phone. If you are representing anyone as their attorney or are the assignee of record, make note of that here.

Then, fill out the court's name and address, e.g., Santa Clara County Superior Court, and their address. Then fill in the plaintiff and defendant names. Make sure to use the exact same names and spellings as are on the judgment itself. Next is the case number, which must match the judgment.

After that are the number and calculation fields:

A) Preparing and issuing an abstract of judgment. This is for what the court charged for an unrecorded abstract. If you bought abstracts for more than one county, you can multiply this amount. It is a good idea to print “3 Abstracts” here, if you claimed 3 abstracts. Pick a date when most of the abstracts were purchased.

B) Recording and indexing an abstract of judgment. Same as above, for what the county recorder charged to record those abstracts.

C) Filing notice of judgment lien on personal property. In real life, this means the $10 spent to get a state-wide UCC lien from the secretary of state.

D) Issuing writ of execution, to the extent not satisfied by CCP 685.050 (specify county). This is what the court charged for a writ of execution for a particular county. If you bought a writ for more than one county, you multiply this amount. It is a good idea to print “3 writs”, if you claimed 3 writs. Make sure to specify which county(s). If you are claiming more than one county, type in the date when most of the writs were purchased.

E) Levying officer's fees, to the extent not satisfied by CCP 685.050 or wage garnishment. This is for the sheriff levy file fee, and for the costs of having a sheriff or a registered process server serve a levy on a judgment debtor's wages, savings, or assets. There is very little room here, so sum the total of what was spent on sheriffs and process servers, and pick a date when most of the money was spent.

F) Approved fees on an application for an appearance of a judgment debtor, or other approved costs starting around CCP 708.110. This is for the court's charge to schedule a hearing, and the costs to serve debtors or third parties that possess, or know about the debtor's assets. I am not a lawyer, however in my opinion, the cost of a court reporter should be allowable here.

G) Attorney fees, if allowed by CCP 685.040. Adding post-judgment attorney fees are not allowed here unless the judgment specifically awards attorneys fees. This usually means the underlying contract or agreement used, as the basis of the lawsuit that caused the judgment, specified that attorney fees were allowed for recovery of the debt.

H) Other: (Statute authorizing cost): This is the flexible area, for other reasonable, explainable, and legally authorized expenses. Court clerks usually allow reasonable-looking numbers, explanations, and cites here. The more money you claim here, and the more unusual the descriptions are, the more likely a debtor or their attorney will challenge them.

I) Total of the claims costs on this form. Add up the costs of all the items you claimed on this form.

Section 2: All previously allowed post-judgment costs: This is the total listed on any previous MC-12 filings. If this is the first MC-12, put 0.00.

Section 3: Total of current and previous post-judgment costs: The sum of all previous and newly-claimed costs go here.

Section 4: Acknowledgement of credit: This is where you report the total of any money the debtor paid you, or any money you got from a sheriff.

Section 5: Declaration of Accrued interest. This is where one affirms they calculated (using non-trivial math) or used software to determine the current amount of interest owed.

Section 6: I am the: judgment creditor, agent for the judgment creditor, or attorney for judgment creditor. If one is the Original Judgment Creditor (OJC), or the lawyer working for the OJC, the choice of which box to check is easy. If one is the assignee of record, what box should be checked? Not being a lawyer, I recommend checking the “I am the judgment creditor” box, as it seems to be the least-wrong choice.

Next, you sign and date the MC-12 form. If you are the assignee of record, type “assignee of record” next to your name.

The second page of a MC-12 has the Proof Of Service (POS). This page must always be at least partially filled out, and must be served on the judgment debtor if there are any claimed costs on the current MC-12.

How to fill out page 2 of a MC-12 form:

Check the Mail or Personal Service box.

Section 2: Put in your mailing address.

Section 3: Usually the MC-12 is mailed to the judgment debtor. If the debtor is going to be served personally, leave section 3-B blank. If the person signing the POS will be dropping the envelope off at a post office directly, check box A. If the person signing the POS will be dropping the envelope in a mailbox where mail is picked up daily, check box B.

To finish section 3, fill out the same debtor name and address as is written on the stamped envelope to them. Write down the date of mailing, and the city and state.

If the debtor was personally served, have the process server fill out section 3 B.

Finally, at the end of the MC-12, is the declaration area. The person serving should put the date personal service was made, or the date the envelope was mailed. Usually the date is the same as the first date that was put on this form. The person who served the debtor prints their name and signs the POS.

http://www.JudgmentBuy.com – is the best and fastest judgment solution, where Judgments quickly get Purchased or Enforced by the best!

Mark Shapiro – Judgment Broker – Free leads for Judgment Enforcers and contingency collection attorneys.

Article Source: http://EzineArticles.com/?expert=Mark_D_Shapiro

http://EzineArticles.com/?How-To-Fill-Out-A-Memorandum-Of-Costs&id=6584866

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice.

In this article, when “MC-12″ is used, it means a Memorandum Of Costs form. MC-12 is a California judicial council form. (See my other article on filling out a MC-12 form.)

When a MC-12, or an equivalent form, motion, or affidavit is used, it means to document and record certain judgment enforcement costs with the court, which adds the itemized costs to a judgment debtor's debt.

In California, one must claim costs within two years of incurring them, and costs are added to the judgment debt after these three things are done:

1) A MC-12 form is filled out, and a copy of it is usually mailed, and occasionally personally served on the debtor, by someone who completes a proof of service for it.

2) The MC-12 and the proof of service (POS) for it, is filed at the court.

3) The calendar time limit, for the debtor objecting to the MC-12 has passed.

In California, if you are claiming any kind of cost, the debtor must be served a copy of the completed MC-12. The judgment debtor is given 10 days if personally served, and 15 days if they are served by first class mail, to object to your MC-12.

Not every recovery expense can be added to a judgment. Each state has different laws. In general, examples of allowed expenses are the costs of getting or serving a writ, levy, garnishment, abstract of judgment, debtor examination, UCC lien, etc.

One cannot claim attorney fees to recover a judgment unless the contract the judgment was based on, had provisions for attorney fees. One also cannot deduct postage, coffee, your time (if not a lawyer), parking fees, mileage, or many other non-court related expenses.

In California, judgment interest is currently 10% simple interest per year, and is not compounded, except at renewal. In calculations, one needs to truncate interest rates down, not round them up. (0.6039 becomes 0.603.)

Interest is not added to the principal amount owed on a judgment. Allowed costs are added to the judgment principal. Once costs are added, they increase the rate that the judgment interest accruals at.

It is best to download the MC-12 form, or the equivalent form for your state, from a court web site, and fill it out as a fillable PDF and print it. Second best is typing it, last choice is printing it out by hand.

Very few courts require copies of receipts for what is claimed. However, I've met a few courts that wanted to see receipts for writs and abstracts issued recently by the same court, which seems silly.

If you claim costs, you need to have someone else, over the age of 18 and not related to the case, print and sign their name on the MC-12's POS, and put the MC-12 in an envelope that is mailed to the debtor.

You can pre-fill out everything, except where the person that serves the debtor prints and signs, which makes it easy for them. The POS (documenting that the MC-12 was delivered to the debtor) can be served personally, or (much more likely) served by first class mail.

If there are no costs, you can type “(No proof of service required – No costs, interest Only)” in the “My Address” area at the top of the page, and sign and date the bottom of the page. Some court clerks do not fully know the law about this, and will want the POS done even when there are no claimed costs. Asking for a supervisor usually gets a MC-12 approved with no costs and no POS, if you sign the POS page.

When the MC-12 is filled out as much as you can (everything except the printing and signature of the person who is going to serve it), make two copies of it, because one copy must be served on the judgment debtor.

You must prepare a stamped envelope, with your name and address on the return envelope, and the judgment debtor's last known address. You should do some due diligence to verify the address of the debtor is correct.

Do not put anything related to judgments or debts owed on the envelope. Self-sealing envelopes are best. Pages should be folded inward to protect the privacy of the judgment debtor. You do not need a cover letter in the envelope, just the MC-12.

The person serving cannot be you. They can be a process server, someone at a mailbox rental store, a friend, etc. They might charge you. (If they do not charge you, consider giving them a gift once in while.) They must sign page 2 of the MC-12, (I recommend lending them a blue pen to sign, which shows the original copy that the court needs), seal the envelope, and deposit the sealed and stamped envelope addressed to the debtor, in an active mailbox or the post office.

After the envelope is mailed, and the POS is signed, make a copy of the page signed by the person that served the debtor. Make sure you have 2 complete copies of the MC-12, with the first page and the POS page stapled together.

Bring or mail both copies to the court. They will stamp both, keep the original copy, and return the other copy to you. Keep your copy, for your records.

http://www.JudgmentBuy.com – is the best and fastest judgment solution, where Judgments quickly get Purchased or Enforced by the best!

Mark Shapiro – Judgment Broker – Free leads for Judgment Enforcers and contingency collection attorneys.

Article Source: http://EzineArticles.com/?expert=Mark_D_Shapiro

http://EzineArticles.com/?Recording-Judgment-Costs&id=6586405

Once upon a time, if you saw a couple of lads trying to steal your car, a shout from you, “Hey, what is going on here,” would have sent the lads scurrying away as fast as they could. Not wanting to be recognised or to be caught. You would have saved your car and driven off the thieves.

But that as they say now, was once upon a time.

I believe that today's “lads”, or a more proper description of them as mindless vandals, have no fear of recognition, being caught, or seeing the irate owner of the car, shouting or threatening them. It will not hold up or interfere with the particular theft in hand.

Thing have changed now, they operate with probably four or more of them together, they are armed with at least a knife, and anybody who has the audacity to interfere in the completion of their crime, well that is simple, beat him to the ground, kick him as much as you can, and almost mandatory stamp on the head, and maybe stab him for good measure.

At this time the crime they were committing may be abandoned, as they now have something more to brag about.

With all the C.C.T.V. coverage we now have in this country, it is almost inevitable that this gang will be found somewhere on the streets close by. They will be seen, and the public response usually will bring them to court. I say bring them to court, and not bring them to justice. Those two statements are so very far apart.

How much is a person's life worth? The variation in interpretation of the crime between the courts, is so far apart. And why do we have this wonderful word “Manslaughter,” if a person dies trying to defend his property, he would not have died, had the vandals not been there, so in my book they have killed him, and causing or taking another persons life, to me is murder. So whether the person died accidentally during a confrontation, or by a deliberate act, surely once again the argument should be, that if they were not there the person would still be alive and well. They have murdered.

Even if a person falls down the stairs and dies as the result of a broken neck, trying to get away from the vandals, and they have not touched this person. Then once again the death was being caused by their presence and the fear they generated. They caused the death. If they were not there then it would not have happened.

The courts dish out sentences of a number of years, calling it life, and then saying that they must serve at least five ten or fifteen years. Life? Then have the audacity to let them serve only half of that sentence. A vandal of eighteen or twenty, may be out of prison in just five years, and at twenty-five to thirty years old, has his whole life to get on with, and maybe more crimes to commit, while the bereaved family of the victim, carry on with a true life sentence with the loss of a loved one.

But whatever you do, do not kill a burglar or vandal.

You will be arrested and thrown in the cells, your name published for all to see, and a big debate whether you are a murderer or a victim defending yourself.

A target for other lawless vandals to get revenge for killing one of theirs.

Years ago, children were executed for stealing a loaf of bread to stop them from starving. We would not wish that for todays children, breaking the law then, had serious consequences.

But that was once upon a time.

http://bloggingnewbies.com

Article Source: http://EzineArticles.com/?expert=Michael_Chalke

http://EzineArticles.com/?Once-Upon-a-Lawful-Time&id=6591406

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice. If you ever need legal advice or a strategy to use, you should contact a lawyer.

In this article, when LDP is used, it means a Legal Document Preparer or Legal Document Preparation. In this article, LDP also means Legal Document Assistant (LDA), which means almost the same thing – a person with education and training, who is usually state licensed. What a LDP can or cannot do depends on which state they are operating in. In some states, State Bars have stopped LDAs from helping people.

LDPs do not offer a legal service, however they can help you fill out the court's or the sheriff's legal forms. Sometimes LDPs are also process servers, court researchers, or court runners – and can sometimes file or serve your documents.

LDPs do not, and cannot offer legal advice. Most will not even give you their direct opinion, because that might be too close to being considered an Unauthorized Practice Of Law. (See Business and Professions Code Section 6400 A.) LDPs usually will not select forms for you. Instead, they can refer you to pre-printed brochures and flyers, with the same information that a web search would show.

The legal situation when at LDPs, is similar to when you are at a court clerk's window. Neither of them can give you legal advice, but both can show you to where you can learn what to do, and then you can come back and tell them what you want done. (Usually they will tell you when you fill out something wrong, however they still cannot give you legal advice.)

Depending on which state, some people hire LDPs for do-it-yourself divorce, unlawful detainer, lawsuits, bankruptcies, wills, judgment enforcement, and many other tasks where one wants help to do the legal forms or tasks themselves.

The primary advantage of using an LDP is they can save you money. If your needs are simple and there are no complications, and you know what you are doing, you can save a lot of money using a LDP.

In some states, where lawyers take very few judgment recovery cases on contingency, and collection agencies charge too much upfront and too much as a percentage, and/or judgment enforcers have been put out of business by state bars (or have become too picky), or where small claims judgments cannot be assigned, LDAs can be a solution to try to get judgments recovered.

There are many disadvantages to using a LDP:

1) If your case or task has any kind of complication or opposition, you may have to pay a lawyer the same, or more money, than if you went to them first, and you will also have already paid the LDP.

2) Just because you can do something legally does not mean you should. A good lawyer can advise you about whether it is worth trying something, a LDP cannot.

3) Lawsuits can be won, and judgments can be recovered on a contingency basis. Contingency is an important concept and LDPs are not contingency. Contingency lets you spend no money and no time, and someone else works and pays to get your goal accomplished. LDPs are always pay as you go.

4) If you pay for a LDA to help you recover your judgment, often you must also pay for a private investigator, and pay courts, sheriffs, and process servers.

Good web sites to learn more are: Wikipedia and in California, http://www.calda.org/Information.asp

http://www.JudgmentBuy.com – is the best and fastest judgment solution, where Judgments quickly get Purchased or recovered by the very best – matched for your judgment!

Mark Shapiro – Judgment Broker – Free leads for Judgment Enforcers and contingency collection attorneys.

Article Source: http://EzineArticles.com/?expert=Mark_D_Shapiro

http://EzineArticles.com/?Use-A-Legal-Document-Preparer?&id=6599001

I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is my opinion, based on my experience in California, and laws vary in each state. Nothing in any of my articles should ever be considered legal advice. If you ever need legal advice or a strategy to use, you should contact a lawyer.

One of the age-old tools in judgment enforcement are judgment debtor (and third parties that possess or know about the debtor's assets) exams at the court. A related tool is document production requests. What happens if a properly-served debtor does not show up at the court hearing?

If you ask and pay the court, they will issue or request a bench warrant (sometimes named a Warrant Of Body Attachment). You must pay the court or sheriff, to get the warrant issued and made active.

What happens next depends on what state and county your debtor resides at. In some places in the US, the debtor will be picked up and becomes a mandatory guest at a court or sheriff office, sometimes held overnight, and told they better show up at the next hearing, and if they fail to show up again, they must spend ten days in jail.

In most places in the US, the average result is much less impressive. Where I live, in Santa Clara County, the odds are less than 1 in 100 the debtor will get picked up at all. Often, only the most down and out debtors, the kind that gets arrested often, are picked up on civil bench warrants.

Keep in mind that when a debtor does not show up in court after being properly served, they have disobeyed the court, not the creditor, so this is a contempt of court issue.

If your debtor seems poor and down and out, perhaps it is best to stop spending time and money on them, until you find assets you can might be able to recover, maybe years later. If your debtor is poor, what good will a bench warrant do?

Even if you want bad luck to happen to your debtor, you are far better off not trying to get them fired, or involving law enforcement/regulatory bodies, etc, because it creates more expense or work for you, and may reduce their income, which means they may have less assets to pay you with.

Especially if your debtor is well-known; for example, a professional, a lawyer, a doctor, or anyone with a good job or business, you might get some results with a polite letter. Remember to send the “Full Miranda” on your first written communications with debtors.

The letter (for a debtor who is doing well) might say something close to “You believe they are acting unethically, and are displaying conduct which is at variance with their reputation and standing at their business, job, organization, church, law firm, etc”. Also, you could “suggest they ought to comply with the court order to appear at their debtor examination, etc.”

The less you write, the better. Sometime the debtor will fill in the words that should be missing in your letter. Never threaten anything, even something that is totally legal. I have gotten a payment from a debtor after mailing them a blank sheet of paper. Their mind filled in all the missing words that were needed to help them see the light.

What if you want to get the debtor picked up and detained, even if (depending on your state) there is only a slim chance of that happening? Then, you would pay the court and/or the sheriff for a bench warrant (warrant of body attachment). Usually this is done with a letter of instruction and the required fee, payable to the sheriff where “pickup service” for the judgment debtor is requested.

The court issues a warrant of body attachment and forwards it, along with the letter of instruction and fees, directly to a sheriff for service. Sometimes the court asks you to supply some identifying information, e.g., height, weight, color of eyes, hair, etc.

The bench warrant is directed to the local county sheriff. In California, the sheriff will only accept a warrant of body attachment if it comes from a California court or sheriff.

In California, a civil bench warrant is not a “real” arrest warrant and debtors rarely get arrested. The warrant is a piece of paper the sheriff charges you (e.g.) $50.00 to serve on the debtor, who is not usually arrested. There is a small chance that notice of that, might get the debtor's attention, and get them to pay, because anything can happen.

There are usually two types of warrants of body attachment described by California's CCPs 708.130, 708.170, and 1209-1202 laws. Unlike criminal warrants that are entered into all police and sheriff's computers; civil warrants are sent only to one local sheriffs department, which is responsible (although usually not sufficiently staffed) to serve the warrant on the judgment debtor.

In California, the laws do not allow the sheriffs to collect any civil bail money. (In some California counties, the sheriff's do collect bail and lock up debtors, however the laws of California do not support this.)

Not knowing all the laws of California is a reason why some California sheriff's pick up debtors, and some debtors are intimidated by bench warrants. It is a shame that in California, the laws make civil bench warrants mostly toothless.

While some judgment debtors with a civil bench warrant against them are picked up, you cannot count on it. If the judgment and the debtor assets are big, getting civil bench warrants might later help to persuade a judge to appoint a receiver.

http://www.JudgmentBuy.com – is the best and fastest judgment solution, where Judgments quickly get Purchased or recovered by the very best – matched for your judgment!

Mark Shapiro – Judgment Broker – Free leads for Judgment Enforcers and contingency collection attorneys.

Article Source: http://EzineArticles.com/?expert=Mark_D_Shapiro

http://EzineArticles.com/?Are-Civil-Bench-Warrants-Worth-Getting?&id=6603193

Have you stopped to think how your attorney is involved in so many aspects of your life and family? The laws in the United States are so stringent that you may require legal counsel and representation for violations that may seem very minor or trivial. In today's world where we sue each other at the drop of a hat, it makes sense to have a family lawyer to instruct and guide you during any such occurrence or event. If you get a ticket for speeding, if you inherit property or want to make a will, whether you are getting proper benefits at your work place or you have received injury or been in an accident – your lawyer is the person who would help you protect your interests and ensure your properties, assets, rights and family are kept safe and intact.

Insurance companies use the legal system all the time to not pay dues and claims to legitimate claimants. If you have to claim medical insurance or workers benefits or personal injury benefits, without the legal representation of a skilled attorney, you may end up by not receiving your just benefits and are left shorn of your rights.

When going through a divorce, the ugly truth is that your lawyer will get to know every tawdry detail of your failed relationship and suggest to you on how to legally punish your ex-spouse for his or her conduct during the marriage. Although many people fail to appreciate the need for a divorce attorney, it is probably the only way a couple can settle their differences, divide their assets and share custody of the children from the marriage. In today's complicated society, where there is no security except that which the government and authorities legally allot to us, legal representation is the only way to get heard, defend and protect ourselves.

It may be your attorney who will make sure that your family receives the assets and benefits you bestow on them after your death. The relationship of a person with his or her attorney potentially lasts a lifetime. Developing a trusting relationship with your legal counsel would ensure that person's loyal service and best advice. Just as a person may have a family physician, the family attorney should ideally be confidante of all the family members in all legal matters. It pays to have a long term, mutually trusting relationship with your attorney. Hannibal MO residents can consult the advice of law firms for their experienced legal counsel.

Looking for a professional attorney Hannibal MO, Meredith Morrow Illa, LLC is the place to visit for best legal services.

Article Source: http://EzineArticles.com/?expert=Melville_J_Jackson

http://EzineArticles.com/?How-Big-a-Part-of-Your-Life-Is-Your-Attorney?&id=6596474

Immigration bond or a federal bond is posted when a person has been in custody and arrested by the agency of immigration and custom enforcement. This is completely different from being arrested by local authorities or city concerned department. This is the case where you have to deal with the federal government and an illegal migrant is only eligible for immigration bail bonds and the concerned immigration and naturalization service (INS) will issue the warrant of arrest. No doubt, immigration bail bond are similar to other bail bonds issues as it also pledge the existence of a person being accused for a legal breach in court. It must be strong enough to assure that the criminal will be asked for all additional immigration happenings. The foreigner must have to make it clear that the release will never cast any danger to person or property and also ensures that he/she is apt for further proceeding for the contentment of immigration officers.

A bail bond agent or company can only place the immigration bail bonds only when the INS agreed upon that the alien is eligible for it now. One can also post through a private agency or a company other than the INS. Some details like registration number, name of the facility where the alien is in custody as well as the alien itself is demanded as it is necessary for further proceedings. These basic requirements are similar to other bail types of bonds, also including the annual payments that must be paid to the concerned agent. It needs a special causality license rather than the casual license. It is also seen that if the alien will not appear in front of the authority when summoned, immigration bails bond posted is responsible for it and he is accountable for immediate penalty or fine. One of the main hurdles is the language that creates difficulty for the agent for collecting various information and collateral needed for the immigration case. It is because the agent and the prisoner or his/her family belongs to different background and have different languages. It is very essential to make sure that the agent will not agree to the deportation of individual from the country. They just make it clear that the detained person can easily meet with attorneys to take the other necessary steps for the correction of the situation with that of INS.

Immigration bail bonds have certain specific and detailed requirements and rules that are completely different from the other forms of jail bonds. Only the right agent or attorney is familiar with the immigration issues and helps you in understanding the particulars about them in concern with the laws of the states. Apart from language barrier, it is also necessary to take under consideration the timings if INS and bureau of immigration and custom enforcement. Another important issue is the fee. It is much greater than the other general state bonds. It is mainly 15 to 20% of the entire amount. It is because of the fact that this system involves many hurdles to come across and other law works that demands long time and duration. It is very necessary to consult the right person who is familiar with all the immigration bails bond procedures and laws just to lead you remarkably through the judicial process and make your ways clear. They must promise that the alien will not be a burdened on the state and in order to know the whole process, must visit the local immigration bail bond company.

About the Author:

Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant's family members or friends. Click here for Bail bonds

Article Source: http://EzineArticles.com/?expert=Jessu_Likili

http://EzineArticles.com/?Immigration-Bail-Bonds—Perfect-Guidelines&id=6601416

Hospitals are among the most wonderful places one can be. They provide the care and healing that one cannot get anywhere else. But, much as we would like to believe that doctors never make mistakes, the fact is that sometimes, they simply fail to provide the kind of care they should. They make hasty diagnoses, and as a result prescribe medications that are unnecessary and which, in fact, can harm the patient; surgeons may botch operations, resulting in injuries that, in turn, cause complications. Oftentimes, death occurs that could have been avoided. When any of this happens, the patients themselves, or those close to them, naturally feel entitled to monetary compensation.

The number one thing to do is to gather all your medical records together. You should have at least some of these in your possession; send the doctor a written request to release those that are not. The most valuable ones for your case will be those that date from at most two years before the time your incident occurred.

Next, you will have to find a good lawyer. If possible, find one who specializes in medical negligence; and the more experience the practitioner has, the greater your chances are of being able to recover damages due. The best bet would be on a solicitor who has a history of winning lawsuits on behalf of patients. He will be able to judge whether you even have a case at all. Take action as soon as possible; your chances of a successful compensation claim decrease the more time passes since the incident in question. This is also why statutes of limitations exist, which also means that you should consult the solicitor regarding that. In the case of malpractice, the UK has a limit of three years from the date you had your treatment or first realised you had an injury or illness, depending on the case.

One of the first things your solicitor will help you to do will be to write a letter of intent to sue the hospital- a necessary step before beginning the actual process of filing a lawsuit. When putting together your letter, be sure to have the correct contact information for the doctor or hospital in question. Clearly state the reason why you wish to sue, and be as specific as you can as to what you think the doctor did wrong. Your lawyer should be able to help you avoid writing anything that could impede the suit. This letter should be sent by registered mail so you have proof that it was sent, and proceed with your suit only when you receive a response from the recipient or his representative, who have ninety days to send one.

Once you have received a reply and made the decision to press forward with the suit, find an expert witness who can testify on your behalf. Your attorney will look into the defendant's past to see if there is a history of being sued for medical negligence and, if possible, will contact previous plaintiffs- preferably those who have won- and contact them so they can appear in court to give testimony.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors with huge experience in suing negligent hospitals and doctors for medical negligence compensation.

Article Source: http://EzineArticles.com/?expert=Ben_Stuart_Greenwood

http://EzineArticles.com/?How-To-Sue-A-Hospital-For-Medical-Negligence&id=6570107

Many people these days are sue happy. Everywhere one turns they can hear of a yet another law suit for medical negligence. It is thought that in this economy with so many people out of work; why not play with the idea of a medical malpractice law suit as obtaining needed monies. A lot of law suits are conjured up because people know that doctors carry medical negligence insurance. So why not sue? Many law practices tend to shy away from medical negligence claims, because they are exceedingly difficult to prove. You will need a specialist to help you sort out the facts of your claim, whether it is a barrister, lawyer or a medical negligence solicitor.

Yet, there are those people who were wrongly treated because of a mistake that the doctor made and the end result is going to affect them or a loved one, such a their child for the rest of their life. In these instances medical malpractice should be brought to the forefront of public awareness. The doctor should admit wrong doing, but many times he/she will not admit this because it would stand to affect their practice and career that they have worked so hard to build. Many will settle out of court in order to keep the suit quiet.

Physicians are human beings and are subject to error like anyone else, so this is where the patient must take control of their own health and wellbeing. The patient must question the doctor at every chance about their medication, dosages, strengths and side effects. Does the medication interact with other medication or supplements that they are taking? Did the doctor misdiagnose, leave a serious illness undiagnosed or even fail to diagnosis an infection. There have been so many medical negligence claims that the doctors and hospitals are becoming much more careful.

While the doctor has the expertise in healing the sick they also are susceptible to error. Medical negligence can come in the form of many different areas from ordering the wrong medication, medication strength, and or surgical mishaps to name a few. While mistakes are certainly a human characteristic and many medical mistakes go undercover, its the ones that cause someone's life to change forever or even death caused as an end result of medical mistakes. It is when the mistake could easily have been avoided by the doctor.

Take for instance cerebral palsy claims. If a child is diagnosed with cerebral palsy soon after birth 99% of the time this condition was caused from some sort of mistake. After the child is diagnosed with cerebral palsy then the parents should file cerebral palsy claims for medical negligence. Either the mother did not receive adequate treatment during pregnancy, or the baby did not receive adequate medical treatment during and/or after the delivery.

Cerebral palsy is not a progressive illness, yet it will affect the parents and child for the rest of their lives because of a mistake. In cases such as these medical negligence claims should be filed on behalf of the parents and child. Cerebral Palsy is a birth injury and it is up to the parents to find out why and how something like this happened. Generally this is caused by oxygen deprivation at some point during or after their delivery.

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors experts in medical negligence claims.

Article Source: http://EzineArticles.com/?expert=Ben_Stuart_Greenwood

http://EzineArticles.com/?How-To-Sue-Your-Doctor-For-Medical-Negligence&id=6570109

If you suspect that you doctor has caused you harm in some way, you have options to get compensation for any injuries or damages caused by it. This can be connected to treatment, medications that were prescribed to you and a number of related instances. Your best option is to contact a medical malpractice lawyer.

Doctors can, at times, cause harm to their patients when treatment is not administered correctly. You may have been referred for treatment that you did not need, or were given treatment that harmed you. For example, your doctor might have given you a referral for a specific type of physical therapy after your surgery. As the therapy was given, you found that your injury was only made worse, causing you further pain and suffering.

Medication is another area that medical malpractice often occurs. A doctor may give the wrong prescription for an illness or give you one that reacts negatively with another that you are already taking. When this happens, there can be adverse side effects, increased symptoms and serious illness that can occur. This can be especially harmful when the person has an allergy to the medication that was given.

A medical malpractice lawyer can help you to get compensation for these mistakes. Your attorney is familiar with legal regulations regarding medical care and how to gather the necessary evidence for your case. Medical malpractice can cause you to miss work, become disabled or even cause death in certain circumstances. Hiring an experienced attorney is necessary to make sure that your case is handled properly.

Your attorney will need to have copies of your medical records and any documentation that you have of your treatment. He or she may also bring in an outside medical expert to testify on your behalf regarding what type of treatment should have been administered in the first place. Your lawyer has the resources necessary to investigate and gather the necessary data to backup your side of the incident.

Taking a doctor to court in these circumstances also helps to protect others who may have been treated in a similar manner. Revealing these problems can help to prevent others from suffering the same thing. Medical malpractice lawyers are the best ones to deal with insurance companies regarding treatment and compensation. You will be doing a smart thing by hiring an attorney with experience in this area to handle your case, giving you a greater chance of winning in court.

Peter Wendt is a writer and researcher living in Austin, Texas. Philadelphia malpractice lawyer issues are very important to him. All too often, injured patients are too intimidated to sue. If you're looking for help with a medical malpractice case, he recommends you look here for a Philadelphia medical malpractice attorney.

Article Source: http://EzineArticles.com/?expert=Peter_David_Wendt

http://EzineArticles.com/?What-Do-You-Do-If-You-Think-A-Doctor-Has-Harmed-You?&id=6550826

Inevitably our number is called and we must leave this wild, wonderful planet. Sadly, many people shuffle off the mortal coil well before their time, and by no fault of their own. To lose a loved one in an accident or due to an error in medical treatment is tragic, and while no amount of money can make up for the time you'll never share with a spouse or family member, it is helpful to know that compensation can be had to take care of funeral costs and other bills. A reputable attorney can help.

Before you proceed with hiring a lawyer for litigation, it will help you to understand the difference between wrongful death and medical malpractice with regards to your case. Whether your loved one died as a result of complications from a medical procedure or from injuries sustained in an automobile accident, it's important to know which type of suit you plan to pursue. Let's take a look at how wrongful death differs from medical malpractice, because they are not always mutually exclusive.

Wrongful Death

As the name implies, a wrongful death suit seeks to award compensation to the surviving family or heirs of a person who died as a result of negligent behavior or circumstances. In such a case, the circumstances need not necessarily involve medicine:

• A person killed in a vehicular accident by a drunk driver
• A person killed accidentally after an assault
• A person who dies after eating food discovered to be spoiled or tainted, unbeknownst to him

The above are examples where a wrongful death suit may be feasible. Surviving family members may consider talking with an attorney who specializes in these cases to determine if compensation is possible.

Medical Malpractice

One thing to note about medical malpractice is that not every case has to result in the death of a patient. Medical malpractice suits focus on the negligence of a medical professional that caused harm, with compensation sought to alleviate bills and, in some cases, assist the wronged party if he/she is unable to work or walk as a result. People who have experienced disability or disfigurement as a result of a doctor of medical staff's actions may have a case, as do others in certain situations:

• Nursing home patients mistreated in their facility
• Patients in a hospital who receive inadequate care that affects their health
• Families of patients who die as a result of neglect or incompetent behavior

If you are not certain if you stand to gain financially following the death or serious injury of a loved one, consult with a personal injury lawyer who specializes in such cases. The more you know, the better prepared you are when you wish to face those who wronged you.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury lawyers and Maryland personal injury lawyers.

Article Source: http://EzineArticles.com/?expert=Kathryn_Lively

http://EzineArticles.com/?The-Difference-Between-Wrongful-Death-and-Medical-Malpractice&id=6576807

Drugs and medicines are frequently at the center of products liability suits. Manufacturers of these products have a duty to appropriately test the drugs and medicines before releasing them into the market. The Food and Drug Administration (FDA) has established criteria for the testing of Pharmaceutical Products. These criteria are regarded as industry standards, but the fact that a drug was properly licensed by the FDA has no effect on the manufacturer's liability to an injured plaintiff if the drug proves otherwise to be defective.

As with almost all medical products, with the exception of over-the-counter drugs, there will usually be a “learned intermediary” between a drug's manufacturer and the ultimate user. This can be the doctor who prescribes a drug, a nurse who instructs the patient, or the pharmacist who fills the prescription. Often the lines of liability are blurred, and an experienced products liability attorney can help a plaintiff determine who may be at fault for resulting injuries.

Some drugs are considered “unavoidably unsafe” products, which means that they cannot be made completely safe no matter how carefully they are manufactured. Such drugs may have potentially harmful side effects, but may be beneficial to the user nonetheless. If such drugs are properly prepared and accompanied by adequate warnings, they usually cannot form the basis of a successful products liability lawsuit. A drug manufacturer has a duty to warn of side effects of a drug when such effects become apparent, but is not expected to warn of unknown dangers.

Often the manufacturer discharges this duty by providing the necessary information to the patient's prescribing physician or to the pharmacist. The drug manufacturer is considered an expert in its field, and as such it has a continuing duty to keep abreast of knowledge regarding its products and take all reasonable steps to update medical professionals on their potential adverse effects. There is no duty to warn of possible reactions in unusually susceptible consumers, however, but just because a reaction is rare does not mean the manufacturer has no duty to warn about it or that the persons experiencing the reaction are unusually susceptible.

In some drug-related injury cases, the plaintiff will not be able to identify the precise manufacturer or supplier of the defective product because so much time has elapsed that the evidence is no longer available, such as in cases involving drugs ingested during pregnancy. In those cases, the injury and damages may not become apparent until the children reach maturity.

In such cases, a variety of theories may be available to shift the burden to the potential defendants to prove that they were not the source of the drug in question, or to allocate the damages among a number of potentially liable manufacturers. The National Childhood Vaccine Injury Act of 1986 was established to provide a remedy to persons who have been injured as a result of mandatory childhood immunizations. The Act creates a no-fault administrative compensation alternative to suing vaccine manufacturers when certain vaccines cause injury or death.

Claimants are required to seek compensation through the federal program before pursuing a lawsuit. If a claimant rejects an award or is unsuccessful, a lawsuit may then be filed, but certain restrictions may apply. Lawyers have an obligation to inform their clients who consult them about such injuries of the possibility of recovering under the Act.

Plaintiffs who have legitimate claims for damages they suffered as a result of using a defective pharmaceutical product should consult their attorneys as soon as they are aware of the resulting injuries to avoid the possibility that the time for bringing suit will expire. If the claims can be proven, the plaintiffs will be entitled to monetary damages to compensate them for their losses.

In some cases courts will even award punitive damages to punish a defendant whose conduct was particularly indifferent to the safety of product users, although some jurisdictions have abolished punitive damages against drug manufacturers if the drug in question was manufactured and labeled in accordance with the terms of an approval or license issued by the federal Food and Drug Administration.

On the other hand, products liability defense attorneys defend manufacturers against unsubstantiated claims and facilitate the quickest possible resolution of the matter.

We know what it takes to win.

We understand the challenges individuals and families face when they seek recovery for their losses, whether from personal injury, wrongful death, medical malpractice, or employment discrimination and harassment.

44 Montgomery Street, Suite 4000,
San Francisco, CA 94104
415 398 5398
877 398 5398

Article Source: http://EzineArticles.com/?expert=Maximilian_Buddenbrock

http://EzineArticles.com/?Medical-Malpractice-Lawyers-Discuss-Cases-Involving-Dangerous-Pharmaceutical-Products&id=6566673

Sickle cell anemia is a hereditary disease when red-blood cells, which are normally disc-shaped, instead are crescent shaped. As a result, they can cause blood clots and give rise to painful episodes called “pain crisis”.

Nina, now 16-years old, has lived with the effects of the disease for her entire life. Twice a year, she is spontaneously thrown into fits of extreme pain in her arms, legs, abdomen, and back and must be admitted to the hospital. Typically, she is given strong medications such as morphine and placed on an I.V. for hydration.

Two years ago, Nina had an episode and while in the hospital, she spiked a fever of approximately 102.7. The hospital took a chest x-ray that showed Nina had pneumonia. In addition, three blood tests were taken and it was shown that there was probably a contaminant in her blood.

This kind of blood reading would be cause for concern for the average patient. For someone with sickle-cell anemia, the alarms should have gone off. People with sickle-cell anemia are highly predisposed to Staph-infections – a unique bacterium that can erode bone tissue and kill vital organs.

Despite this possibility, the hospital treated the infection as a regular bacterium. Although her pain continued, Nina was given antibiotics and painkillers and discharged.

Nina came back to the hospital two more times in the next month. Family, friends and doctors watched as her condition got worse. Still, the method of treatment was never reconsidered. She couldn't walk, she was short of breath and due to the excruciating pain, Nina could barely carry on a conversation with her mother.

This kind of blood reading would be cause for concern for the average patient. For someone with sickle-cell anemia, the alarms should have gone off. People with sickle-cell anemia are highly predisposed to Staph-infections – a unique bacterium that can erode bone tissue and kill vital organs.

Finally, Nina was taken to a different medical center where it was revealed that a Staph infection killed bone tissue in Nina's spine. She had to have spinal surgery, which is painful, traumatic and involves considerable risk for the patient.

When Nina brought a medical malpractice lawsuit, the Court determined that it is indeed a departure from “good and accepted medical practice” for the hospital to fail to consider a staph infection after the first positive blood culture; particularly in light of the fact that people who suffer from sickle cell anemia are at increased risk for that kind of devastating infection. Nina recovered compensation commensurate with her pain and suffering.

The best way to find more information on cases related to recovery and compensation from personal injury, medical malpractices, etc. is to visit a New York Trial Law firm at www.triallaw1.com.

Article Source: http://EzineArticles.com/?expert=Adam_Smith_T

http://EzineArticles.com/?Sickle-Cell-Anemia—A-Medical-Malpractice-Case&id=6578982