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  • 2009
    • July
      • What Are Blue Laws?
        07/23/09
        Whether or not you are familiar with the term, you are almost certainly affected by them in your day-to-day life. Blue laws are laws which are not federally enforced (and have in fact occasionally been struck down as unconstitutional) but are commonly established on a local or municipal level to enf

      • Remedies For Attempt to Collect Debts Included in Bankruptcy
        07/22/09
        One of the most important benefits of filing for bankruptcy is that it will stop collection calls, letters, and other activities by debt collectors. This includes garnishments, lawsuits, and repossessions. When creditors or collectors do not cease collection efforts, consumers may be able to seek ad

      • What You Should Know About Gun Law For Toy Guns
        07/22/09
        It may seem crazy that toy guns would have legal restrictions, but airguns and other toy rifles are often made to look startlingly realistic. Kids may be confused whether they're picking up their toy or a relative's loaded real rifle lying around the house. Insolent teens may point their t

      • Don't Sign Any Releases Unless You Are Sure As to What You Are Signing
        07/10/09
        You should never sign a release without having it reviewed by your attorney. Once you sign a release for your car accident case it is over. You can not open up again ever. If you are signing a release early on in your case that is for the damage to your car make sure it states for property damage on

      • Stark Law
        07/10/09
        There is a practice called Physician self-referral. This is when a physician refers a patient to a medical facility, which he has part ownership, financial interests or investment in. It is thought to be a conflict of interest that a physician will stand to benefit from referring patients to his med

      • Social Security Disability Claims Process
        07/10/09
        This article will attempt to clarify to process of applying for and securing Social Security Disability benefits. It can sometimes be a difficult, time consuming and draining process. But to be successful, one must be patient and organized.

        The first consideration is the application proce

    • June
      • If Under Arrest
        06/23/09
        Being arrested can be an emotionally overwhelming experience. There is the embarrassment of being taken away in handcuffs, the fear of what will happen to you and sometimes just shock and confusion. It is in this distressed state that you are required to make some of the most important decisions of

      • What is Aggravated Assault?
        06/23/09
        When a person commits a crime of violence against another individual, he or she is often charged with assault. The level of violence and the intention of the individual often determine what type of assault charge will be filed, whether it is simple assault, assault and battery, or aggravated assault

    • May
      • Promoting Your Talents With Creative Commons Licenses
        05/19/09
        Most software programmers, photographers, game developers, and artists use licensing as a means of generating additional income from their hard work. Because the expenses associated with these pursuits often leave technical and creative professionals without a lot of revenue, licensing is usually do

      • Recipe For Trouble - Trademarks and Copyrights
        05/19/09
        After much thought (or maybe just short inspiration), you have come up with the perfect name and slogan for your company. You start printing up business cards and using it on all your printed materials and the web. One day you are out surfing on the web and you see it. Your company name! Someone els

      • What You Probably Did Not Know About Trademark Law
        05/19/09
        Most businesses do not know that Trademark Law can also extend to colors, smells, sounds, the shape of a bottle, font styles, and the interior design of a restaurant. When most businesses think of Trademarks, they think of words like Microsoft®, McDonald's®, and Coca-Cola®.

        In a nuts

    • April
      • First and Second Degree Murder
        04/29/09
        In legal terms, homicide is committed whenever one person kills another, whether it was accidental, self defense, or otherwise. The term murder is only applicable when an individual intentionally and unlawfully kills another human being. It is a felony, and is punishable to the highest degree. In so

      • Nine Biggest Mistakes People Make After a DWI Arrest
        04/29/09
        1. Waiting too long to hire an attorney.

        After their arrest for a DWI, many people are angry, upset, scared, and confused. They are often embarrassed and would rather not deal with their situation. The great majority of the time, they are afraid to talk to their family or friends because

    • February
      • Revocable Trusts in Estate Planning
        02/14/09
        An increasing number of people are utilizing the revocable living trust as the primary document in their estate plans. A revocable living trust is an entity created during lifetime in which an individual (called a trustee) holds legal title to property on behalf of a beneficiary, who is typically th

      • The Basics of Power of Attorney
        02/14/09
        "Power of attorney" is a legal tool that allows another individual the authority to act as a person's legal representative. This gives that person the power to make binding legal and financial decisions on a person's behalf.

        It is not exceptionally difficult to find fo

      • Trusts May Not Protect Your Assets From Creditors
        02/14/09
        An individual's largest asset is usually their homes. In an attempt to keep these large assets in the family and to avoid probate, individuals are either gifting the homes away to children early by signing over the deed or setting up a living revocable or irrevocable trust. Unfortunately someti

  • 2008
    • November
      • Statutory Rape
        11/21/08
        In today's world it can be difficult to know certain things about people. Children are growing up faster and faster, looking older and finding ways to make people believe that they are older. This can cause serious problems. Not only does this bring up issues of selling alcohol and tobacco to m

      • Grand Theft Auto - The Crime
        11/21/08
        Grand theft auto may be a fun video game, but it is also a serious crime. There are a lot of different ways that grand theft auto can occur, and depending on the jurisdiction, it can mean different things. In general, however, grand theft auto is defined as stealing or attempting to steal a motor ve

    • October
      • Trusts May Not Protect Your Assets From Creditors
        10/18/08
        An individual's largest asset is usually their homes. In an attempt to keep these large assets in the family and to avoid probate, individuals are either gifting the homes away to children early by signing over the deed or setting up a living revocable or irrevocable trust. Unfortunately someti

      • Planning For the Disabled Child With a Supplemental Needs Trust
        10/18/08
        Since 1993 it has been public policy in New York State to allow parents (or other relatives) of a disabled child to set up a trust for their inheritance which will not disqualify them from government benefits, such as Social Security and Medicaid. The reasoning behind these supplemental needs trusts

      • Vehicular Manslaughter Explained
        10/14/08
        Vehicular manslaughter, sometimes referred to as vehicular homicide, is a crime in almost every state across America. The punishment for this crime varies from state to state, but in most jurisdictions it is taken very seriously. Generally defined, vehicular manslaughter revolves around a death that

      • Personal Injury Attorneys and the Types of Cases They Handle
        10/14/08
        A personal injury attorney can handle many different types of cases where someone has been injured or even killed. Some of them work with several different kinds of injuries while others focus on a specific injury. To find a lawyer that best meets your needs and will be able to handle your case, loo

      • Fair Debt Collection Practices Act - How to Dispute a Debt
        10/14/08
        The federal Fair Debt Collection Practices Act outlines the procedures you are to follow when a debt collector demands that you pay a debt placed with him. Basically, the Fair Debt Collection Act gives you the right to dispute a debt. You accomplish two critical things when you dispute a debt. Fi

      • Little Known Rules Help Over - 50 Claimants Get Social Security Disability Benefits
        10/14/08
        I recently represented a client in a Social Security hearing that made me think to write about some little known rules used by the Social Security Administration to make disability decisions. The SSA calls these rules the Medical-Vocational Guidelines. My client was disabled by arthritis and fibromy

      • Product Liability Lawsuits
        10/14/08
        Product liability lawsuits typically arise out of a manufacturer or vendor's responsibility to compensate customers for injuries that have been caused by defective merchandise that has been sold. Individuals who have been harmed by an unsafe product frequently have a cause of action against the

    • September
      • Family Limited Partnerships As Asset Protection
        09/10/08
        An important goal of estate planning is to protect income and assets from creditors' claims and tax collection. While many people think asset protection involves dishonest techniques, there are many ways to protect personal property, real estate and other assets. In addition to federal and stat

    • July
      • Parental Liability For the Acts of Children
        07/14/08
        Parents usually feel responsible when their children do bad things - a sense of shortcoming or failure when children make bad choices or carelessly cause harm to another. However, whether parents can be held legally liable for the acts of their children is not commonly known. The answer, not surpris

    • June
      • 3 Types of Legal Trusts
        06/25/08
        Legal trusts have become one of the most common ways to protect an estate. It can shield and distribute assets according the wishes of the settlor (creator of the trust) and ensure the longevity of a business. In a previous article, we mentioned 3 common types of legal trusts. They included the qual

    • May
      • What Kinds Of Telemarketings Calls Are Legal?
        05/22/08
        Despite being a nuisance, not all telemarketing calls are illegal. In fact, most of the telemarketing calls you receive are probably perfectly legal and are not something you can legitimately complain about. Thus, just as it is important to know your rights as a telephone consumer, it is also your r

      • Joint Tenancy - Joint Problems
        05/11/08
        When you go to open a bank account or take title to real estate, people often suggest joint tenancy as a simple solution which avoids probate.

        What is joint tenancy?

        Joint tenancy is the co-ownership of property during the lives of two or more joint tenants. Upon the death of o

    • April
      • What Constitutes Legal Malpractice - 7 Guidelines
        04/20/08
        Legal malpractice is probably less well-known by most people than is another type of malpractice issue: medical malpractice. However, legal malpractice cases can be just as serious as are their medical counterparts. They have potentially far-reaching impact upon the lives of people who have been inv

      • It's Your Right to Refuse a DUI Breath Test
        04/03/08
        If you are stopped by a police officer and asked to submit to a breathalyzer test, you have the legal right to refuse to take the test, however, refusing to take the test carries several consequences. When you first received your license, you signed several forms. Signing these forms also meant that

    • March
      • Paternity Tests - What You Need to Know
        03/27/08
        Paternity tests are conducted to establish whether a child is really a man's child or if the man is the person that should be responsible for some of the child's upbringing. It is not a new concept but it has progressed as technology has progressed.

        As paternity tests have evolv

      • Running the Lemon Car Gauntlet
        03/11/08
        Believe it or not, this is a quote from a Service Manager at a large Automobile Dealership. "If you can't fix their cars, fix their head!" What does it mean? Colloquially it means, grab your wallet and hide the family silver. It means your automobile, motor home, boat or motorcycle ha

    • February
      • Prohibited Transactions and IRAs - How Close is Too Close
        02/29/08
        The ability to successfully structure self-directed IRA and qualified plans into nontraditional and potentially lucrative investments always depends on understanding the Prohibited Transaction rules set forth in IRS Code Section 4975. In some cases these rules appear intentionally broad and cryptic.

      • Going To A Disability Hearing Alone Is Risky
        02/20/08
        A claim for social security disability (SSD) or SSI is approved or denied at one of three levels. First, a claim is evaluated by a disability examiner for the social security office, who may approve, but will most likely deny the claim; then the claimant can file for request for reconsideration (eve

      • US Permanent Residency Through Business Expansion
        02/11/08
        Multinational business owners and executives are the elite, as far as the US immigration law is concerned. This is why they are classified as having the highest priority when it comes to US Permanent Residency. Their cases are exempted from Labor Certification, and glide through the Green Card proce

      • Appealing Your Social Security Disability Decision
        02/03/08
        If you're reading this, you've most likely been denied for Social Security Disability benefits. And, you most likely are faced with the decision of whether or not to appeal. Here we will talk about what will happen if you appeal, and the benefits of doing so, as well as what will happen if

    • January
      • Joint Ownership - Does it Make Sense for You
        01/14/08
        Joint ownership of assets is a way of two or more people to own shares in an asset. The asset generally is real estate but can be other property such as a brokerage account, insurance company products or any other valuable property. The concept of joint tenancy is the transfer of the asset to the su

      • Power of Attorney
        01/14/08
        What are these powers of attorney?

        A Power of Attorney is a written document in which a competent adult individual (the principal) appoints another competent adult individual (the attorney-in-fact) to act on the principal's behalf. In general, an attorney-in-fact may perform any leg

  • 2007
    • December
      • How to Contest a Will
        12/30/07
        A last will is a legal document that determines the distribution of a person's estate, which includes assets, upon his/her demise. A last will and testament must be filed with your local courthouse and legally approved for it to be valid. You are free to leave your estate to anybody you want ac

      • DUI Overview
        12/21/07
        It may go by a slightly different name from state to state, but it's universally considered a crime for a driver to operate a motor vehicle while under the influence of alcohol or other drugs. Depending on which state you're in, it can go by the title driving while intoxicated (DWI), opera

      • How Do You Make an Appeal in a Disability Claim?
        12/15/07
        The Social Security Administration generally decides whether a disability claim is eligible or not. The agency informs claimants of their decision through mail. If you disagree with their decision, you can ask for a review of the case. This is the start of the appeals process.

        How to Make

    • November
      • Understanding Employment Discrimination Law
        11/26/07
        Laws protect people in employment against discrimination based on race, age, disability, religion, sexual orientation and many other areas. The major piece of legislation that covers disability discrimination is the Americans with Disabilities Act. Part of the purpose of the act is to define who is

      • Do I Have a Sexual Harassment Case?
        11/13/07
        Are you working in a hostile work environment? If you feel that you're being sexually harassed in the workplace, then read on. This information can help you determine if you have a sexual harassment case or not, and the appropriate steps to take.

        You are probably wondering what steps

      • Nuances of the Child Support Guidelines
        11/03/07
        Child Support Guidelines are used to establish or modify a payor's child support obligation. Basically the Guidelines say if income is A and the number of children is B, child support payments will be C. It is important that the attorney you hire understands the ins and outs of these Guidelines

    • October
      • How to Appeal a Social Security Disability Denial
        10/08/07
        If an individual applies for Social Security disability insurance and is denied there is an appeals process they can through in order for reconsideration of their application.

        If an individual wishes to appeal the Social Security Administration’s decision regarding their application for d

    • September
      • Foreclosure Epidemic Likely Means Additional Tax Liability
        09/05/07
        The recent national surge in home foreclosures coming on the heels of the collapse of the sub-prime lending industry and decline in home values likely means additional bad news for those former homeowners who feel like they just lost everything: additional income tax liability.

        Income tax

    • August
      • The Problem of Age Discrimination in the Workplace
        08/29/07
        Age discrimination is something that happens all the time and there are plenty of people who are ousted by either their employers or their credit agencies just because they hit a certain age or are near retirement age. Age discrimination is against the law in nearly every instance and even though em

      • S-Corporation - Making the Election
        08/18/07
        Once you decide to form a corporation for your business entity, you will quickly be faced with another question. Should the corporation pay taxes as a “C” or “S” corporation?

        There is a lot of confusion when it comes to the tax designation of a corporate entity. The first thing to underst

      • Mediation - How To For Trial Lawyers
        08/14/07
        The June issue of Trial, a publication of the American Association for Justice, contains a helpful “How-To” article for trial lawyers on the mediation of commercial disputes. Stewart I. Edelstein wrote the lengthy “Hot-To” article, which discusses such topics as choosing the right mediator, preparin

      • 5 Common Misconceptions About Filing Bankruptcy
        08/05/07
        1. If I file for Bankruptcy I will lose all of my property.

        This may be the biggest misconception surrounding filing for bankruptcy. Every person who files for bankruptcy can protect a certain amount of property while still eliminating all or a portion of their debt. Depending upon the st

      • Criminal Inadmissibility and the "Petty Offense Exception"
        08/01/07
        MYTH: If you have ever been convicted of a any criminal offense, you are automatically inadmissible to the United States and must apply for a waiver.

        "Hello, Attorney Ortega, I need a waiver and I need it fast. I am booked on a flight to Miami that leaves in a week to attend a conven

    • July
      • Probate - Understanding The Basics
        07/24/07
        Probate is a legal process that occurs after a person passes away. It involves the transfer of the assets of the deceased to the beneficiaries and creditors. If there is a will and it names an executor, the executor will be responsible for seeing that the terms are carried out throughout the probate

      • Is an Oral Contract as Good as a Written Contract?
        07/17/07
        An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support it

      • Basic Contract Principles.
        07/13/07
        Let’s start with basic contract law. In order to have a Contract, there must first be an Offer. The “Offer” can be an offer for a good or a service or almost anything else for that matter. In Example 1, A offers to by a car from B for $1,000. In example 2, X says to Z “If you pay me $50 I will paint

      • What is the Magnuson-Moss Act?
        07/10/07
        The Magnuson-Moss Act is also known as the "Federal Lemon Law". It is a very broad law that covers many types of products. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. This can include an item as small as

      • Another SSRI Linked to Birth Defects.
        07/07/07
        For years, certain link to birth defects in the infants born to women who took the drugs during their pregnancy. According to an article published in the New England Journal of Medicine, research shows that "infants born to mothers who took Zoloft (generic sertraline) or other SSRIs (selective

    • June
      • DUI Defense.
        06/30/07
        DUI (Driving under the influence) or DWI (Driving while intoxicated) is regarded as the most serious misdemeanor offense. In many cases, repeat offenders are considered felons. Worst case scenario, the offense can be marked and will forever go on your record, whereby you will suffer socially and fin

      • Quick Reference Guide For Breach Of Contract.
        06/26/07
        QUICK LESSON IN BREACH OF CONTRACT

        This quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach o

      • Life Insurance Claim Denial- Don't Let it Happen to You.
        06/21/07
        Insurance, especially life insurance, can be a very confusing topic for most Americans. We often pay various insurance premiums our whole lives. Understanding the nuts and bolts of your life insurance policies can benefit you and your family greatly in the unfortunate event of your death or the deat

      • Accident Lawyers Play A Pivotal Roll In Our Legal System.
        06/15/07
        We have all seen the commercials on television. The attorney appears on the screen and asks if you have been injured in a car accident, or a slip-and-fall accident, or in countless other scenarios where your injury could be worthy of financial compensation. To many, this tactic appears uncouth, and

      • 7 Do's and Don'ts in divorce.
        06/07/07
        How to Reduce Harm to Children and Increase Favor During Proceedings

        The following advice is designed to reduce any harm to your children. It will also put you in a more favorable light with the Court and any court appointed psychologists should you be unable to resolve your differences.<

      • When Greed is Not Good - The Law of Insider Trading.
        06/05/07
        Many of the most public and celebrated securities cases have been cases involving insider trading. The public's appetite for such cases is as endless as the cases themselves. Martha Stewart's case is notable only because it is recent--the past forty years have brought forth cases involving

      • The Manager's Guide to Employee Stock Option Plans--a Concise Overview.
        06/01/07
        Set forth below is an overview of the tax, accounting and general business considerations applicable to typical equity based compensation arrangements. Following the overview are general descriptions of how those considerations apply to three basic types of arrangements: incentive stock options; non

    • May
      • Understanding The Social Security Appeal Process For Successful Disability Claims.
        05/29/07
        The United States social security system will take into consideration the eligibility, benefit amount and claim circumstances when someone applies for benefits.

        If they send an employee their decision and he or she does not agree with what they have stated, they can begin the process of a

      • Workplace Harassment.
        05/27/07
        A workplace may be an office, hotel, hospital, school, store, private home or even a factory. It can also be along the street, in a vehicle, airplane or while in a train. Harassment is feeling uncomfortable as a result of someone else’s verbal or physical actions that are intended to maliciously hum

      • Grandparents Custody Rights - 3 Tips To Help You Win Your Battle.
        05/25/07
        Grandparents Custody Rights are finally coming to the forefront in the judicial system. More & more cases are being decided on what really is in the best interest of the child rather than on just parental rights alone. There are some hoops to jump through, but custody is being awarded more often

      • Zelnorm Recalled by FDA, Linked to Heart Problems and Stroke.
        05/21/07
        At The Law Offices of Michael A. DeMayo, L.L.P., we work tirelessly to keep a pulse on the most recent news and information that may affect our clients. One area that we are particularly attentive to is the area of dangerous drugs. Most recently our focus has been on Zelnorm.

        On March 30,

      • Restraining Orders - Protecting Yourself.
        05/18/07
        During many Divorce cases, one party or the other may have the need to file for a Civil Protection Order. These are commonly referred to as "Restraining Orders." Although all the details described herein are specific to the state of Colorado, restraining orders are somewhat standard throug

      • What Independent Musicians Should Know Before Signing A Recording Contract.
        05/16/07
        In a nod to the rare occasion where a band, label, or curious web browsing fan ask about issues involved in recording contracts, here is a quick list of common things to look for in standard recording contracts (the often glossed-over but very important ones first):

        1) Indemnification - I

      • The Case For Class Action Lawsuits.
        05/12/07
        Ambulance chasers don't do class action.

        I've spent a lot of time considering this because I'm no fan of lawyers "taking advantage" of the law. But what it comes down to is that large multi-national corporations, especially insurance companies, base all of their

      • The CSI Effect: The Litigation PR Burden Gets Heavier.
        05/09/07
        New research points to an increasingly more formidable burden for lawyers and communications professionals embroiled in high-profile litigation.

        It’s called the “CSI Effect,” named after crime sscene investigation TV shows. In the world of mass media jurisprudence, DNA tests are virtually

      • What is Subrogation?
        05/06/07
        Subrogation is a legal term where one party steps into the shoes of another party so as to have their rights against a third party (the responsible party). Subrogation most often arises in insurance matters.

        The common example is where you are involved in an automobile accident and the ot

      • Your Health Can Get You Arrested For DUI!
        05/01/07
        Motorists in less than perfect health can find themselves wrongly arrested on criminal DUI charges. Some of these drivers attempted to tell the arresting police officer that their bloodshot or watery eyes or bad balance or poor coordination were due to illnesses - and that they hadn't been abus

    • April
      • Permax Heart Valve Damage.
        04/28/07
        Evidence of Permax heart valve damage has increased following a new study published in the March 2007 issue of the medical journal Archives of Neurology. This study provides further support of the problems linked to Permax. Heart valve damage was found to increase with long-term use of the drug. The

      • Immigration: Love, Marriage and the GreenCard.
        04/26/07
        Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference. It is good to know that a

      • Non-Compete Agreements.
        04/24/07
        A Covenant Not to Compete is an agreement that restrains or prevents a business or individual from engaging in a particular activity. These Covenants are usually not favored by the courts, and as such, are looked at through skeptical eyes. Covenants Not to Compete are often used in two primary areas

      • Death Knell For Incentive Stock Options.
        04/19/07
        A federal court in Florida has just ruled that restricted stock (on which most incentive stock options are based) cannot have any value merely because it is restricted. (Visit Site below for Court Opinion.) Williamson v. Moltech Corporation began in New York in 1995. Although now in bankruptcy court

      • Maritime and Jones Act- If You've Been Injured - the Five Things You Must Know to Protect Your Rights
        04/15/07
        The three Maritime Laws that protect employees are "The Jones Act," the "Death on the High Seas Act," and the "Longshoreman and Harbor Worker's Compensation Act.

        The Maritime Jones Act was created to protect sailors, seamen (or women) or employees of an Ameri

      • What is the Equal Pay Act?
        04/13/07
        Under the Equal Pay Act or 1963, any employee, whether male or female, must be given substantially equal work that requires equal skill, effort and responsibility and are carried out under similar working conditions, and the compensation must be substantially equal as well. The law was formulated an

      • Have You Been Arrested Or Released From Jail Recently?
        04/11/07
        Recent changes in Immigration policies make mandatory detention much more likely for Visa holders and Lawful Permanent Residents.

        If you have been recently arrested or have been released from prison after October 8, 1998, you may be a candidate for mandatory detention. Immigration and Cus

      • 10 Mail & Wire Fraud Statute Facets.
        04/09/07
        Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as “mail fraud.” Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as "wire fraud."

        T

      • The Validity Of Security Interests In Medicare Receivables.
        04/08/07
        Lock Realty Corp. v. U.S. Health LP, which was the backdrop of my December 14, 2006 article, continues to be a lawyer’s dream in terms of complexity and challenges. The case also continues to be educational for creditors that need to protect their rights in deals gone bad. The lawsuit, which is pend

      • Is Limited Tort Right For Me?
        04/06/07
        It’s that dreaded time of year again, time to renew your automobile insurance policy. For some time now, you have been considering going with a different company to see if you can save any money. At the appointment with your new agent, he asks, “Would you like to select Limited Tort? It will save yo

      • Do School Children Have Any Right To Privacy.
        04/04/07
        Drugs are an increasing problem in small rural towns, and residents are understandably interested in doing something about it. There are, unfortunately, limits on what can be done about the drug problem. Mandatory drug-testing of all town residents would clearly be unconstitutional, for example. Dru

    • March
      • The Myths Surrounding Social Security and Disability.
        03/31/07
        The confusion and lack of information regarding application for successful approval for disability benefits has spawned lots of misconceptions about the whole disability benefits process. That is why most of the people hesitate to even file a claim even if they are qualified. For those claimants who

      • Purchasing an Existing Business - Legal Do's and Don'ts.
        03/30/07
        Purchasing an existing business can be a very rewarding endeavor. The first thing that comes to mind about purchasing an existing business is the avoidance of “start-up” costs. The initial costs of creating a new business can be staggering, in addition to the costs for advertising that new business,

      • Location Drives Concerns About Eminent Domain.
        03/28/07
        When the government takes property for expanding roads, property owners must know their legal rights. Why should convenience store owners take particular note? Location. Because most convenience stores are located along high-traffic roads, they are often subject to road-widening projects that result

      • Taxes And Divorce.
        03/23/07
        The truth is, most family law lawyers don't have a firm grasp on the tax consequences of divorce. One reason we went to law school instead of to medical school was because we didn't want to take the extra math classes. Instead, hoping to leverage our talents for writing, negotiating and pu

      • I Have Been In An Auto Accident And The Other Party Doesn't Have Insurance, What Do I Do?
        03/23/07
        So you’ve been in an automobile accident and have discovered that the other party does not have insurance. What do you do now?

        The first step is to turn the claim in to your automobile insurance carrier. Don’t worry, your rates will not go up if you were not at fault for the accident. You

      • Get It in Writing – the Parol Evidence Rule.
        03/20/07
        I love “Judge Judy”! Her ability to cut through the malarkey and skewer the wrongdoers is just amazing. Among the little life lessons that get repeated again and again is, “Get it in writing!”

        Most of her customers have gotten the message that there is such a thing as an oral contract, an

      • Nevada Corporation and LLC Myths.
        03/16/07
        There is much misinformation that is often spread regarding Nevada corporations and LLC's. When deciding whether you should from a Nevada Corporation or LLC, you should understand precisely what a Nevada corporation or LLC can provide. With this in mind, you need to be aware of the myths and ha

      • Fosamax Lawsuits - Osteonecrosis of the Jaw.
        03/14/07
        In a December 13, 2004 press release, doctors at Long Island Jewish Medical Center (LIJ) announced that they had discovered a link between bisphosphonate drugs and osteonecrosis of the jaw (ONJ), or literally, death of the jaw bone tissue.

        Bisphosphonates are a class of drugs used to trea

      • I've Been Sued By A Collection Agency, What Do I Do Now?
        03/13/07
        I just received notice of a lawsuit that was filed against me by a collection agency. What do I do now? I get that type of phone call at my office about once a week. Fortunately, the caller has made the obvious correct choice in contacting an attorney right away. This is an important aspect when a c

      • Trust Protector. The Powers and Responsibilities of a Trust Protector.
        03/10/07
        When presenting potential clients with different asset protection options, systems, and strategies, one of the questions asked is if I would be willing to act as their Trustee. Yes, I reply but only as a temporary basis and with a resignation letter. The temporary basis allows me to act quickly with

      • Seroquel Side Effects | Seroquel Lawyer & Seroquel Attorney Lawsuits.
        03/06/07
        The FDA approved the drug Seroquel in 1997 for the treatment of schizophrenia and bipolar mania. Schizophrenia is not a multiple personality disorder, as it is commonly portrayed by the media, but rather a mental disease that causes people to fail to perceive reality properly. Schizophrenia can caus

      • FOSAMAX And Its Consequences
        03/02/07
        As much as we would like to believe that medications are always safe, unfortunately that is not the case. And while many drugs and medications do have outstanding results, there are several that hurt more than they help.

        Take for example, the drug called Fosamax. Initially, the drug was a

    • February
      • When Can the Police Search Your Home?
        02/27/07
        This is me again with another solid tip concerning your constitutional rights. Today we will explore the question about your home rights. The question; when can a law enforcer legally search your home or apartment. The answer; he can only normally search your place of habitat under two circumstances

      • Asbestos Mesothelioma Resource: Get to Know It.
        02/20/07
        For those of you that have no idea what mesothelioma is; or at least knows that it's a type of cancer but would like to know more about it, this article on asbestos mesothelioma resource will attempt to inform you as much as possible. This disease may not be popular but it certainly destroys th

      • 20 Basic Facets to Money Laundering Law.
        02/17/07
        Federal Criminal Law Statutes (Title 18, United States Code)

        "Money laundering" as it is commonly called, involves the transfer of monies that are a product of criminal activity – whether that activity is drug trafficking related or white collar crime related. Although there is

      • How To Use Metadata As An Examination Tool.
        02/15/07
        In today's computer dependant world, the zealous advocate must be able to navigate his way through every conceivable form of discovery in order to effectively represent his or her client. Failure to seek the appropriate records or the failure to respond to discovery requests with the appropria

      • What Does The Term "Mens Rea" Mean?
        02/13/07
        Many people wonder how the law distinguishes between someone who deliberately set out to cause harm to someone and an action that accidentally resulted in harm.

        There is an old Latin term used in the law, particularly criminal law, that is called “mens rea.” Mens rea (pronounced, menz ray

      • When Can I Appeal A Court's Decision?
        02/11/07
        Generally, under the legal system in the United States, parties to a trial have the right to appeal to a higher court if they believe the outcome they received from a lower court was in error. However, only questions of law are grounds for appeal, not questions of fact.

        This means that if

      • The 5 Biggest Mistakes Made by New LLCs.
        02/08/07
        Mistake #1 Doing Business Before the LLC is Formed.

        You are personally liable for any business activities or transactions that take place before your LLC is formed. A person can sue you years later for something you did today. If your business becomes successful, those early acts could ca

      • What Everybody Ought to Know About Administering a Special Needs Trust.
        02/05/07
        Even if a special needs trust is properly prepared, the special needs trust can affect the child's ability to receive government benefits if the special needs trust is not properly administered.

        For example, recipients of supplemental security income (SSI) are entitled to receive $20

      • Know the Facts about Paxil.
        02/02/07
        If you or a loved one has suffered personal injury as a result of taking the drug Paxil, now is the time to assert your rights and file your claim.

        In the early 1990’s, Paxil entered the pharmaceutical market. Its manufacturer is a company called GlaxoSmithKline. Paxil (paroxetine) is cla

    • January
      • Medical Malpractice: 10 Reasons Why You Should Call A Lawyer.
        01/31/07
        1. BECOME INFORMED

        There's a commercial for a mens clothing store in New York that says "An informed consumer is our best customer." This is true for people who have potential medical malpractice and injury cases. From the moment the phone rings until we've finished th

      • What To Do About The Human Head In Your Trunk.
        01/29/07
        While attending law school I had a professor in Criminal Procedure studies that always referred to the “Human head in the trunk”. The human head in the trunk was actually representative of the obvious illegal article one may have in their trunk when pulled over by the police for any type of stop whe

      • Vioxx Class Action Lawsuits - What You Need To Know.
        01/26/07
        Vioxx class action lawsuits stem from alleged reports of negative side effects due to consuming this drug. These negative side effects include stroke, blood clots, and heart attacks. Almost every Vioxx lawsuit is designed to gain funds related to suffering that the user experienced after being presc

      • What is "Due Process" of Law?
        01/25/07
        Question: What does the term “due process” mean?

        Criminal Defense Lawyer: “Due Process simply means that even the government must abide by the law. Prior to the Roman Empire, most governments operated under a system, which was called “Rex Lex.”

        “Rex” meant “king”. And “Lex” mea

      • Probable Cause Under the Fourth Amendment.
        01/24/07
        What is probable cause needed for police to get a search warrant?

        Probable Cause is the minimum amount of proof the police must already have in order to obtain a warrant to conduct a search for more proof. This means that probable cause is not at the same level needed for a jury to convic

      • Personal Guarantees for Corporate Leases.
        01/23/07
        If you take down a lease for a business, the lease agreement will shock you. It is the size of a small phone book, and the most important page is usually buried in the back.

        Assume you have a business. Assume further that you wisely decided to form a business entity. For the purposes of t

      • Paxil-Related Lawsuits in the United States.
        01/22/07
        Recently, it has been reported that the use of Paxil, an antidepressant medication, has caused a condition known as akathisia; which is a condition of severe inner restlessness. This akathisia has lead to increased suicidal and violent thoughts leading to the injury, harm or death to many of the pat

      • Defamation and Slander on the Internet.
        01/19/07
        As social networking sites and internet blogs continue to increase in both popularity and use, the opportunities for defamatory and libelous actions increase proportionally. Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively refle

      • Business Dispute? Don't Litigate, Mediate!
        01/17/07
        Despite the best intentions of the parties business relationships sometimes sour. Both sides may view their respective position as reasonable and their business practices as ethical. However, it is well known within the law that reasonable minds can differ. When positions grow roots and refuse to be

      • "Termination For Convenience" Clauses.
        01/15/07
        “Termination for convenience” clauses are intended to allow parties to end construction contracts for any reason at any time.

        But, in practice, do these clauses really allow employers to terminate contracts, or even to withdraw part of the works after commencement, and engage others to do

      • Converting from a C Corp to an S Corp
        01/13/07
        As you may know, there are two types of corporations for tax and legal purposes. The "C" corporation is a more formal structure than the "S" corporation and taxed differently.

        Converting from a C Corp to an S Corp

        When forming a business entity, many people

      • How Chapter 13 Reorganizations Affect Online Creditors.
        01/11/07
        When an individual or a business faces difficult financial times, it often becomes necessary to consider filing for bankruptcy protection. In order to assist in selecting the best bankruptcy option for a client, the effective advocate must be aware of and understand the advantages or disadvantages i

      • Lender and Receiver Both May Pay For Mismanaged Foreclosure.
        01/10/07
        If you deal with receiverships, this case will be of interest to you. A lender, a borrower and a court-appointed receiver have been battling one another in an Indiana federal court in connection with a failed construction project. Problems arose when a partially-constructed apartment complex deterio

      • A General Overview of a Lemon Law Claim.
        01/07/07
        Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in e

      • Military DUI.
        01/04/07
        If you’re a member of the armed forces facing a Military DUI charge, the process and consequences can be much different than someone who faces a civilian charge. There are some important differences you need to understand when you’re dealing with a Military DUI charge.

        What is intoxicated

      • Mesothelioma Cancer Treatment - Asbestos Kills.
        01/01/07
        Mesothelioma cancer is a disease that results from exposure to asbestos related substances. Asbestos usually consists of fibres that can enter the body through the mouth, or the skin, and, subsequently, enter the lungs, or blood stream.

        Mesothelioma cancer has become more widely documente

  • 2006
    • December
      • Status of Punitive Damage Law.
        12/31/06
        WHAT ARE PUNITIVE DAMAGES?

        Punitive damages are intended to punish a defendant in a civil case who acted with malice, and to provide a deterrent to future similar conduct by the defendant. Twenty states, including Texas, have enacted punitive damage reform legislation.

        RECENT

      • Choosing a Guardian for Your Minor Children.
        12/29/06
        Who will care for your children if you should die before their 18th birthday?

        A difficult thought, to be sure. It may help to know that you can provide for your children's well-being should such a disaster occur. You can name the person who will be your children's Guardian if yo

      • Child Support.
        12/26/06
        Paying child support is a tremendous responsibility. The payments that are made are distribute to the custodial parents to ensure that their children have what they need to live a comfortable life. There are many cases today being open for establishing child support so the custodial parents may rece

      • Basic Facts about the Federal Disability Programs - SSD and SSI.
        12/19/06
        I read an interesting statistic recently that was published in a well-known online newspaper. According to the article, one out of three otherwise-healthy adults will experience a long term state of disability (due to an accident or illness and lasting a month or longer, with the possibility of bein

      • How to Build a Mediation Presentation That Will Make an Insurance Adjuster’s Sphincter Tighten.
        12/18/06
        I arrived to help my client prepare for his upcoming mediation. The first thing he did was show me all the wonderful family photos he had of his client and her husband, the decedent.

        “My guy was the perfect plaintiff,” the attorney began. “Spent tons of time with his kids. He was the one

      • Design Patent.
        12/16/06
        The definition of a design can be as follows: the characteristics, ornamental or visual, manifested in a manufactured item. The design of the surface visual aspects cannot be separated from the item it has been applied to. It cannot exist by itself. It has to be a specific pattern of ornamentation o

      • Are Social Networking Sites Violating Children's Online Privacy Protection Act?
        12/15/06
        Never before in our nation's history has a technological revolution skirted governmental regulation like the internet. The industrial revolution saw the rise of giant corporations, followed by the legislation of strict corporate and securities law regulations. The newfound mobility of the count

      • Reducing Legal Malpractice Exposure.
        12/13/06
        Many legal malpractice claims share common allegations/themes that can be avoided if law firms have the proper risk management measures in place. Implementation and maintained use of some very rudimentary systems and procedures can reduce the likelihood of being sued, or in the event you are sued, c

      • New eDiscovery Rules Take Effect Dec. 1, 2006.
        12/12/06
        On April 13, 2006, the US Supreme Court approved amendments to the Federal Rules and Civil Procedure to treat electronic documents in the same manner that paper documents have been treated in the discovery process. The changes went into effect Friday December 1, 2006 and force companies to have emai

      • Legal Significance of Digital Signatures.
        12/07/06
        A cornerstone of United States contract law is the general application of the Statute of Frauds to contractual agreements. Emerging forms of electronic commerce and new types of contractual relationships have begun challenge the very idea of defining the four corners of a contract. Many obstacles co

    • November
      • Nevada Incorporation - Make Sure You Do It Right!
        11/29/06
        So you want to have Nevada incorporation? Well, it may be just what you want and need, or it could be a nightmare. It may very well be that Nevada incorporation is the right step for one company, and a misstep for the next. Besides the low cost for a Nevada incorporation, it provides owners with ben

      • Court Commentary - Case Law.
        11/26/06
        Do you understand the difference between “case law” and “statutory law”? Have you ever wondered what the term “common law” meant? If you struggle with these legal terms, this article will help.

        Judge-made law. Statutes come from the legislative branch of the government, while case law is

      • The Pitfalls of Online Wills & Trusts Forms.
        11/20/06
        There comes a point in every person's life where it is appropriate and prudent to begin planning for the post death division of property and assets. It is necessary to anticipate and plan for the quagmire that is probate. For many facing the task of planning their estate, the mere idea of pa

      • Contracts that Work - So Sue Me!
        11/18/06
        While music to a lawyer’s ears, at least to his wallet, this phrase should make every business person cringe. Litigation absorbs time and money, often astonishing amounts of both. Worse, it signals a major breach in what is presumably a valuable relationship. Worst of all, it means the business prob

      • Delaware Incorporation - A Very Business Friendly State.
        11/13/06
        It could be said that Delaware incorporation is a kind ubiquitous process of forming incorporation, for both; people living in US or abroad. For instance, Delaware incorporation is advantageous to companies who intend to offer their shares to the public. Delaware incorporation is definitely much eas

      • How to Get Forensic Trial Animation Admitted.
        11/06/06
        With continuing technological advancements, no longer must attorneys rely on traditional forms of evidence in order to prove, defend or prosecute a case. The use of forensic computer animation used as evidence has exploded, bringing with it challenges to traditional principles of evidence admissib

      • Fighting Social Security Fraud.
        11/01/06
        "Practical Things You Can Do to Fight Fraud

        "Protect your Social Security number, credit card and debit card numbers, PINs (personal identification numbers), passwords and other personal information."

        A thief can use these details to order checks or credit cards,

    • October
      • Battered Women's Syndrome.
        10/31/06
        Battered woman syndrome (more commonly called "BWS" or Intimate Partner Abuse and its Effects) describes a pattern of psychological and behavioral symptoms found in women living in abusive relationships. (BWS occurs in same-sex relationships, and men can suffer from "BWS," but th

      • E-Discovery Emergence in Civil Litigation.
        10/28/06
        The law, as a means of administering dispute resolution and criminal accountability, must be able to adapt to revolutions of industry or technology. We are currently in the beginning years of a technological revolution that will only grow and continue to change the way humans live their lives. Com

      • Why Attorneys Should Consider Using Video Depositions.
        10/24/06
        A typical scenario: you’re a litigator or trial attorney preparing a case and you have a number of witnesses to depose, so you pick up the phone to call your trusty court reporter to arrange the depositions … but have you considered the advantages of using a videographer at the same time? There are

      • Are there Tax Consequences if You Disclaim an Interest in Property from a Trust?
        10/20/06
        Question: I am the primary beneficiary of a trust set up by my mother and my 2 daughters (ages 27 and 30) are also beneficiaries. The balance of the trust is to be distributed soon and my daughters want to disclaim any interest in it, so it will all go to me. My question is, what are the tax consequ

      • The Trademark Dilution Revision Act of 2006 and Your Online Business.
        10/13/06
        Creating the right trademark that distinguishes your product or service from others is the key to a successful business both online and off. However, one recent legislative enactment is worthy of note, as it might influence your decision in choosing the next name or graphic for your online business.

      • More Lawyer Jokes.
        10/09/06
        Consultation Fee

        A lawyer's dog, running around town unleashed, heads for a butcher shop and steals a roast. The butcher goes to the lawyer's office and asks, "if a dog running unleashed steals a piece of meat from my store, do I have a right to demand payment for the meat

      • What To Do When A Cop Pulls You Over?
        10/04/06
        Regardless of how good your efforts are in trying to avoid a ticket, one of these days the boys in blue are going to get you. You’re going to look in your rearview mirror, you’re going to see the flashing lights, and what you do in the next very few minutes may be a tremendous determining factor in

    • September
      • How Much Money Is Your Malpractice Case Worth?
        09/29/06
        Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want the doctor's license revoked; some want the hospital punished. Then again, some want total and full compensation.

      • Sign a Prenup - Don't You Love Me!
        09/25/06
        Don’t be insulted, if your future partner insists you sign a prenup, because it will protect you as well.

        You are anticipating the big day, it’s not about money, it’s about love and out of nowhere, you are asked to sign a prenuptial agreement.

        You don’t want to make an issue of

      • Mediation and Mediators: Some Common Myths Debunked.
        09/22/06
        A few years ago, a national conflict resolution association conducted an informal, for-fun survey on the streets of Washington, DC. They asked passersby to identify the definition of mediation from a multiple-choice list. The good news is that the majority of people correctly chose, “a way to resolv

      • Lawyer Jokes.
        09/17/06
        Ask The Undertaker

        An attorney telephoned the governor just after midnight, insisting that he talk to him regarding a matter of utmost urgency. An aide eventually agreed to wake up the governor.

        "So, what is it?" grumbled the governor.

        "Judge Johnson

      • Your Durable Power of Attorney May Need to Be Replaced!
        09/14/06
        Many of my clients come in with a "durable" power of attorney, believing they are all set with it. However, after carefully reviewing it, I invariably have to recommend they need a new one. Why is that?

        First of all, if the power of attorney is more than five years old, many fin

      • Shortening The Long Arm: Can A Restraining Order Be Issued Against An Out Of State Defendant?
        09/11/06
        Can 209A Restraining Orders be issued against out-of-state Defendants?

        There are two types of jurisdictional requirements that must be met in order for a court of law to have the authority to rule on matters: subject matter and personal jurisdiction. Subject matter simply means that a cou

      • Protecting the Most Vulnerable: Legalizing Your Child's Immigration Status.
        09/07/06
        Lawful Permanent Residents and U.S. citizens are able to sponsor their children under the age of 21 for permanent residency, 'green cards'. U.S. Citizens may also sponsor their unmarried adult children over the age of 21.

        The difference most of the time is how long it takes. Ch

      • Webmasters - Why You Should Worry About Being Sued.
        09/03/06
        Most of us never expect to get sued. While the justice system isn't perfect--far from it--we still believe that generally good people don't get sued. Or that if we sued, the judge or jury will understand our side of the story.

        Particularly when it comes to running a website, mos

    • August
      • Legal Process Outsourcing (LPO): Addressing Security Concerns
        08/30/06
        A major concern for law firms that are considering whether or not to take the legal process outsourcing (LPO) plunge is that of data protection. Client confidentiality is so rooted in the legal culture, and is such a fundamental aspect of professional legal ethics, that the mere notion of a pair of

      • Why Hire A Personal Injury Attorney?
        08/25/06
        Before you can make a decision as to whether or not you should hire a personal injury attorney / lawyer, you first have to know what a personal injury case is.

        Most people think that a personal injury claim is a car or motor vehicle accident claim. While an injury sustained in an automob

      • LPO For Insurance Litigation: A Few Insights.
        08/22/06
        If there is one area of law that seems perfect for implementation of a technology-based legal process outsourcing (LPO) paradigm, insurance litigation might just be that field. Of course, "perfect" is a loaded term, and anyone throwing that word around without quantifying it at all should

      • E-communications and the Law.
        08/18/06
        Electronic communication enables us to expedite communications and quickly exchange information. Yet, there is a price to pay for ease of use. Most companies typically have well established guidelines regarding hard copy documents. There are policies that guide the communication as well as destructi

      • Tenant vs. Landlord: Where the Law Stands
        08/15/06
        I am a [by default, in Arizona, a “limited” attorney] Real Estate Broker. Real estate brokers are held to a high standard in tenant and landlord real estate law. Thus, on several Expert web sites, I answer questions about “what can I do, my landlord is……..” Or “my tenant has……………, what can I do”?
      • Dividing Up Martial Property Is Not A Mathematical Calculation.
        08/12/06
        One of the very first rules students are taught at Law School, when it comes to a marital property settlement, is that a person's entitlement is NOT a "Mathematical Calculation"! In other words, you normally can't just apply a set formula to work out what you are entitled to when

      • Lemon Laws Protect The Consumer.
        08/06/06
        Lemon laws are United States' Laws designed to protect the rights of consumers. They are usually used for vehicles but apply to all commercial articles. In this article we will concentrate on Lemon Laws as applicable to vehicles. A lemon is a term used to describe a new vehicle that needs exces

      • Bail Bond Agents: The Good, Bad And Not-So-Pretty.
        08/03/06
        Bail bond agents are not your friend, not your attorney or your confidant or your confessor. But he is, when you need him, much better than all those. Because if you land in jail, he's the one person who will travel through the flames to get you out.

        A good bail bondsman will have re

      • The Process of Family Court Restraining Orders.
        08/01/06
        The first step to understanding the process of obtaining a family law domestic violence restraining order is to understand that this process is quite different from the process involved when protective orders are automatically put into place by the courts in criminal matters. In criminal matters, th

    • July
      • Tenancy in Common Q & A - Part 1.
        07/29/06
        What is a tenancy in common (TIC)?

        The acronym "TIC", which stands for tenancy in common, along with the terms "cotenancy" and "fractional ownership", refer to arrangements under which two or more people co-own a parcel of real estate without a "right o

      • Why Good Partnerships Go Bad.
        07/25/06
        One of the most common structures for law firms is a business partnership. There are many reasons why, but if you consider that it is probably the most difficult arrangement for doing business, you would think that attorneys - some of whom are the experts in the creation and dissolution of business

      • Robbery
        07/22/06
        Robbery is a felony, punishable by a term in state or federal prison.
        Robbery is the direct taking of property, including money from a person through force, threat or intimidation. "Armed robbery" involves the use of a gun or other weapon which can do bodily harm, such as a knife or

      • Protect Your Rights, Wishes, And Family With A Durable Power of Attorney.
        07/19/06
        A durable power of attorney is much like a normal Power of Attorney except that it continues to remain in effect even when the principal loses his or her mental faculties and thus becomes incapable of sound reasoning. Unless, and until, the power of attorney has been made durable, it will become ine

      • National Arbitration Forum.
        07/13/06
        Arbitration is a fast-growing method of dispute resolution both in the U.S. and internationally. In the past, some placed arbitration on a lower tier than courtroom justice. However, arbitration law, processes and procedures have evolved, and today arbitration rests on a solid legal foundation. Part

      • Custody and Access Rights of Grandparent and Non-Biologically Related Persons in Arizona: An Analysis of Current Law.
        07/09/06
        A. Overview

        Recent decisions in both federal and state courts affect custody and access rights of persons who are not the biological parents of children but with whom they have developed relationships. Affected persons include grandparents, stepparents and others who may have acted in the

      • Debt Collectors Will Lie - Know Your Rights!
        07/06/06
        The Federal Trade Commission (FTC) this week announced a settlement with one debt collection company, Whitewing Financial Group. Whitewing had been accused of using illegal practices to collect debts that were so old they were "time-barred" under applicable state and federal laws and debts

      • Is Online Gambling Legal?
        07/03/06
        Internet casinos and sportsbooks have become hugely popular over the past several years. The number of people wagering their money online continues to increase exponentially every year. But is it legal?

        The answer is, I don't really know. Seriously, I'm not really sure. Allow me

    • June
      • Is private club status a dead issue?
        06/29/06
        The private club concept is far from dead, as the United States Fifth Circuit Court of Appeals proved in 1995 when it upheld the private association right of members of a number of social clubs in the City of New Orleans.

        In the case of Louisiana Debating and Literary Association v. City

      • Criminal Defense Lawyers: Reducing Murder to Manslaughter.
        06/25/06
        Reducing murder to manslaughter is a task that presents itself in many murder cases. Depending on your state or jurisdiction you may be able to reduce murder to manslaughter by eliminating the element of "malice." Classically, this is where the defendant acts by being provoked into a sudde

      • Discrimination and Private Clubs.
        06/22/06
        Private social clubs have endured a great deal of criticism in the past several decades for two reasons: first for the use of the word 'social' which many people consider an affectation, and second for the continued insistence of many clubs on being considered 'private.' Neither

      • Battery.
        06/17/06
        The crime of battery is governed by California Penal Code Sections 242 and 243. Battery is defined as "any willful and unlawful use of force or violence upon the person of another." (PC 242) Battery is defined as "simple" battery and battery with serious injury. The punishments <

      • Ten Myths About Copyright Protection.
        06/14/06
        The ten myths about copyright protection:
        1. If something is found on the internet it can be used freely

        False, if something is pulled from the internet it enjoys the same protections that any other literary work would enjoy. This means that without the author's specific permiss

      • Why Video Evidence is Rejected by the Courts.
        06/11/06
        Lets say youre a personal injury attorney working with a videographer to develop a video documentary that portrays how your clients life has changed as a result of being injured. Such video evidence is usually called a Day-in-the-Life or Slice-of-Life documentary, and focuses on the clients activiti

      • Who Decides Interstate Custody Disputes?
        06/08/06
        We live in an increasingly more and more mobile society and a society with a divorce rate that exceeds 50%. As a result, there are more and more custody disputes, and they have more frequently become interstate custody disputes.

        The first issue that must be decided in an interstate custo

      • Divorce and Alimony Formula.
        06/04/06
        In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided

      • All About Bail Bonds.
        06/01/06
        When someone is accused of committing a criminal act, they are most commonly arrested and taken to jail. Before they can be released from jail while pending trial, someone must bail them out, or pay a bail bonds agency to step in and take over the process. The following paragraphs will answer some f

    • May
      • How a Living Trust Can Help You Disinherit Uncle Sam.
        05/29/06
        A living trust can help you reduce your estate tax liability to Uncle Sam. To see how this tax reduction works, lets examine the following hypothetical case:

        Client Family has an estate of $4 million. The husband dies in 2006, leaving his entire estate to his Wife.

        Under the 20

      • Intellectual Property - What it is.
        05/25/06
        Intellectual Property (often just called IP) is a general term covering patents, trademarks, designs, copyrights, geographical indications and in some countries the concept of "unfair competition". It is, as the name suggests, the intangible personal property arising from intellectual crea

      • 5 Tips to Help Avoid a DUI Conviction.
        05/23/06
        If you are ever arrested for drunk driving also called DUI for "driving under the influence" or DWI for "driving while intoxicated", your experience will begin with an officer stopping you because of some questionable driving pattern, or possibly because you encountered a DUI &qu

      • Choosing A Process Server.
        05/21/06
        In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:

        1. Registered or licensed process servers: In

      • Seven Sets of Documents You Need For Your Divorce.
        05/18/06
        This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant docum

      • Child Custody Evaluation.
        05/17/06
        A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary c

      • Child Support Enforcement and Federal Criminal Law.
        05/17/06
        Child support enforcement is a growing area of family law. Once child support has been ordered by a Court, or agreed upon by two parents, it is not always smooth sailing. Although we hear a lot about "deadbeat parents" (and there are both moms and dads who are deadbeats), the overwhelming

      • Why You Need a Durable Power of Attorney, Now!
        05/15/06
        Planning for unfortunate events such as serious illness or injury is rarely on anyone's list of favorite pastimes. Sometimes, though, enduring the small discomfort that may accompany preparing for the unexpected will avoid untold anguish on the part of your family and friends. This is certainly

      • Saving Time is the Key to Saving Money on Your Divorce.
        05/13/06
        by Everett Sizemore:

        Divorces are time-consuming, emotionally taxing, and often unnecessarily expensive. However, the following tips may help the amount of time you need to spend on your matter, which, in turn, may cut down on your costs when working with your divorce lawyer.

        A

      • If a picture is worth a thousand words, than an animation is worth a settlement!
        05/12/06
        Courtroom re-enactment though forensic animation can be a very effective tool in persuading a jury to decide in your client's favor. Technology is enhancing civil and criminal litigation, mediations, arbitrations and case depositions in a rapid manner. One study by the National Center for Stat

      • Rule Against Perpetuities.
        05/10/06
        The "rule against perpetuities" is often described as one of the most complicated legal rules ever!

        It's origin stems from the days of feudal England - some say as early as 1680 - when landowners often tried to control the use and disposition of property beyond the grave -

      • Forcible Rape Defense; False Accusations in Relationship and Date Rape Cases.
        05/09/06
        Forcible rape and attempted forcible rape between people who know each other, either casually or well, make up a sizeable percentage of the false accusations in the criminal justice system. The cry of rape or abuse is a familiar cry when a relationship goes sour or when a woman has second thoughts a

      • The Most Well Guarded Traffic Court Secrets.
        05/08/06
        Traffic Courts Around The Country Are Happy You Don't Know This!

        By Damon Dallah

        So, what's the most well kept secret in the traffic court industry? Simple! It's the fact that beating a traffic ticket (specifically speeding tickets) is so damn easy to do!
      • Social Security Benefits After Divorce.
        05/07/06
        Divorce does have some effects on social security benefits. The basics are quite simple. If you are entitled to receive social security benefits based upon your own earnings record, you will, of course, be able to collect social security after divorce based on that earnings record. However, if you w

      • Electronic Discovery: As an Attorney, Are You Prepared For It?
        05/06/06
        You're sitting in your office when your secretary buzzes you and says you have a letter in from the mail. Upon opening it you realize it's a request for electronic discovery. The opposing attorney is asking for your client's hard drives, emails, phone records, tape backups, and other

      • Troubling Changes To Patent Rules.
        05/05/06
        On January 3, 2006 the United States Patent and Trademark Office (Patent Office) proposed changes to the current patent filing procedures that will dramatically change the process inventors and small businesses use to seek patent protection. The proposed changes also limit inventors' ability to

      • Business Intellectual Property Overview
        05/04/06
        Nicolosi & Associates White Paper Business Intellectual Property Overview

        Service & Trade Marks

        Marks are generally an identifier of source and quality. Rights generally accrue under common law upon adoption and use of a mark (name, symbol, logo, trade dress, style of d

      • May I Take Your Deposition, Sir?
        05/03/06
        With the slew of legal jargons around, it gets easy to misuse technical and legal terms. Deposition is one these terms. Deposition, however, is not that hard to explain.

        Deposition is the act of taking a witness' sworn testimony outside of court. It can only be done in well-defined c

      • Copyright Quick Start.
        05/02/06
        Copyright protection is a very hot topic nowadays. It seems like every time we browse a newspaper there is another article about it. Turn on the television and a famous Actor/Actress or Musician is talking about the importance of it. From Napster and file sharing controversies to famous movie infrin

    • April
      • Cover Your Assets!!!
        04/30/06
        Copyright 2005 David Jacquot

        You've worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family's future.

        You didn't do it to become a target of some lawsuit designed to take

      • Non-Compete Agreements are Illegal in California.
        04/29/06
        Non-compete agreements in California are generally illegal. Many companies, and certainly many employees, are unaware that California prohibits noncompete agreements.

        Most states other than California permit reasonable covenants not to compete. There are limited non compete exceptions in

      • Dont Let The New Bankruptcy Law Scare You.
        04/26/06
        On October 17, 2005 the world of bankruptcy law changed for the worse. Or did it? Is it really that much harder to file bankruptcy under the new bankruptcy law?

        In the run up to the effective date of the new law, bankruptcy filings increased to record numbers in virtually every bankruptcy

      • Liens: What's the Big Deal About Them?
        04/25/06
        Lien, in its simplest definition, is the term used to denote any charge or duty imposed against an item or property as security for payment of a debt or some other obligation.

        There are certain liens that can complicate your asset protection planning. This is one of the ways that credito

      • The 7 Common Myths of Divorce.
        04/23/06
        Copyright 2006 The Divorce Center P.A.

        1. One lawyer is a good as another. There is a tremendous difference between lawyers. Some are down to earth and some are distant and hostile. Some call you back the same day and others wait 5 days to call you. There are attorneys that only practice

      • The Chapter 13 Meeting of Creditors - What to Expect.
        04/22/06
        Have you recently filed Chapter 13 Bankruptcy? Do you have an upcoming Meeting of Creditors hearing? Many Chapter 13 debtors get a little nervous about the meeting since they are not exactly sure what to expect. So, I decided to take some notes on exactly what happens during the meeting for the bene

      • What the Credit Industry Doesn't Want You to Know About Bankruptcy.
        04/20/06
        1. The "new" bankruptcy law that went into effect in October, 2005 isn't very much more restrictive than the "old" law. The law revision got a lot of press that made it sound like it would be much more difficult--perhaps impossible--to file for bankruptcy protection after th

      • What Happens If You Give More Than $12,000 To Someone in 2006?
        04/19/06
        In an earlier article, we discussed the annual gift tax exclusion and how it works. In summary, we said that you could give up to $12,000 in cash or property to any one person during 2006 and not have to pay a federal gift tax. In fact, you don't even have to file a gift tax return. This is not

      • What is Power of Attorney?
        04/18/06
        Power of Attorney is a legal document where one person authorizes another to act on his/her behalf. It allows that authorized person to manage business and/or financial affairs when one person is no longer able to do so. It may be required due to illness, overseas travel or mental incapacity.
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      • Ten Important Steps to Follow After an Automobile Accident.
        04/17/06
        1. Get medical attention immediately. Symptoms may not show up for several days. Make sure your physician knows that you have been in an auto accident.

        2. Get as much information as possible on the make, model, year, and color of all the vehicles involved in the incident.

        3. Ge

      • Do I Need an Estate Plan?
        04/17/06
        Many people believe that only the very wealthy need an Estate Plan. However, anyone who owns any property - a home, a car, bank accounts, stocks and bonds, jewelry, clothing, household goods, etc., or has minor children or has a desire to ensure that your loved ones and financial affairs are taken c