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Resources For Attorneys
How Do I Become a Mediator? - dated: March 14, 2006 - author: Diana Mercer, Esq. - People from a wide variety of backgrounds can make good mediators. Presently, California has no mediator licensing requirements, which makes the answer to the question “How do I become a mediator?” as individual as the mediators themselves. Before embarking on the journey to become a mediator, there are some questions you may wish to ask yourself in order to have a realistic click here for full text.
Patents: So You Have An Idea - So What? - dated: March 15, 2006 - author: Gary Cogley - Okay, you have come up with a fantastic idea that will solve all the woes of the universe - or at least make you $millions$ - what do you do? How do you start? Well, the first thing to do is get all your ducks in a row. Start a hard-bound journal and put everything in writing. Draw pictures or diagrams of how your invention works. Date and sign each page, and get someone you click here for full text.
Junk Faxes – New California Law Challenged - dated: March 15, 2006 - author: Richard Chapo - The Junk Fax Prevention Act was set to go into force on January 1, 2006. In a rather shocking move, the U.S. Chamber of Commerce filed for an injunction, which was granted. Joining the Chamber of Commerce is Xpedite Systems, a fax company. Filed in federal court, the injunction was granted and the law stayed from being enforced. A hearing on the matter will be click here for full text.
Don't Let The New Bankruptcy Law Scare You - dated: March 15, 2006 - author: Tommy C. Smith, III, Esq. - 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 court district. Scary terms like "means test" and click here for full text.
Cover Your Assets - dated: March 16, 2006 - author: 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 it all away. But unless you protect your assets, you are just such a target. THE PROBLEM: Litigation Epidemic & Lack of Financial Privacy. LITIGATION EPIDEMIC. There is a litigation click here for full text.
8 Steps to a Smooth Divorce - dated: March 16, 2006 - author: Howard Iken - Become educated on all aspects of Divorce. Reading the various websites available on divorce is an excellent start. Read every document available. Complicated subjects always deserve a second reading. Then, read your State Statutes on divorce. You will find they are written in almost-plain English and are understandable to the average person. State Statutes can be found by entering click here for full text.
Don’t Get Sued! Protect Clients from Providing Incriminating Information in IRS Audits. - Part 1 - dated: March 16, 2006 - author: David Jacquot - In many cases, a taxpayer with an IRS audit may have exposure to potential criminal charges in addition to potential increased tax liability, penalties and interest. Cases that have potential criminal exposure are often referred to as “eggshell” or “sensitive issue” audits. Part One of this article will describes potential tax crimes and click here for full text.
Don’t Get Sued! Protect Clients from Providing Incriminating Information in IRS Audits - Part 2 - dated: March 16, 2006 - author: David Jacquot - Can a Tax Practitioner be Sued for Failure to Taking Steps to Protect the Client? In general, all professionals owe a duty to provide services at a level expected of a reasonably competent professional of their type. If a client suffers injury as a result for failure to render such services, they may be liable for damages click here for full text.
Don’t Get Sued! Protect Clients from Providing Incriminating Information in IRS Audits. - Part 3 - dated: March 16, 2006 - author: David Jacquot - Just because a client doesn't think that they have committed a crime does not mean that the IRS will not institute a criminal investigation. Many people charged with tax crimes don't believe they have done anything wrong. Furthermore, many people charged with tax crimes are found to be not guilty. Therefore, even if a client click here for full text.
Child Custody in a Divorce – What is Best for the Children? - dated: March 5, 2006 - author: Howard Iken - In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors click here for full text.
Dog Owners Beware - dated: March 5, 2006 - author: Thomas R. Smith - Man’s best friend can become his visitor’s enemy. So, if you are a dog owner take steps to avoid a very preventable injury to your visitor and very expensive injury lawsuit. If you are a visitor injured by the dog’s behavior, then you have the right to compensation for damages. Recently, a New Jersey Superior Court in Mercer County awarded $100,000 in damages to a UPS driver for injuries he suffered click here for full text.
Patent Primer - dated: March 4, 2006 - author: Nancy Baum Delain, Esq. - f you are in the business of thinking up new products or processes, or even if you are just a back-yard tinkerer, consider obtaining patent protection for your inventions. What a Patent Is - And Is Not. A patent is a form of protection for intellectual property, which is property generated by human thought and invention. Other forms of intellectual property include copyright and trademark. click here for full text.
You Were Served Divorce Papers? A 3 Day Action Plan - dated: March 16, 2006 - author: Howard Iken - Don't panic - best decisions are made with a cool, calm head. Sit down, relax, and read the divorce papers several times. Don't call your spouse in anger - no contact is best for now. Read up on divorce - knowledge always helps take the fear away. When you finish the above steps, take a short break and then read all of the divorce papers again until you thoroughly click here for full text.
Pfizer's Bextra Faces Its First Lawsuit - posted: March 3, 2006 - author: Scott Montgomery - For years, Merck has been under scrutiny for a number of drugs, most recently Vioxx. The recall of Vioxx has shares down by more than 40 percent and facing hundreds of lawsuits that could cost them billions of dollars. However, Merck is not alone in the scrutiny that this pharmaceutical company faces. Pfizer, the maker of Bextra and Celebrex, painkillers in the same family click here for full text.
Student Loans – Lose Social Security Benefits If You Don’t Pay - posted: March 17, 2006 - author: Richard Chapo - While millions borrow money to attend college and graduate school, not everyone pays this money back. The failure to pay can result from circumstances such as a slow job market, failure to finish school and health problems. Of course, there are the select few who simply welch on the repayments. The U.S. Supreme Court rendered a decision on December 7 click here for full text.
Corporate Records – Shareholder Inspections - posted: March 17, 2006 - author: Richard Chapo - In every state, shareholders have a right to inspect the records of a corporation. The scope of the inspection depends upon the particular laws of each state, but typically covers all records in the corporate books, balance sheets and even tax returns. The shareholder must typically make a written request to see the records three to five days prior to the date in question click here for full text.
Corporate Records – What to Keep - posted: March 17, 2006 - author: Richard Chapo - For the purpose of this article, I am considering both corporation and limited liability company documents as “corporate records.” Although the records of each entity have different names, they serve the same purpose. For instance, articles of incorporation for a corporation serve the same purpose as Articles of Organization. The following list applies to corporations, but you can apply click here for full text.
Health, Health Care Insurance and Bankruptcy - posted: March 17, 2006 - author: Shobhana R. Kasturi - Imagine for a moment that your health has taken a turn for the worse. You need extensive medical attention and expensive treatments. Would you be prepared to account for these medical costs? Or would you or a family member ultimately have to deal with this financial burden? Surely, you would not want to suffer the consequences of paying big medical bills click here for full text.
New Bankruptcy Reform Means Test - posted: March 17, 2006 - author: Jeffery J. Aleman - In the first part of the means test, your monthly income multiplied by 12 is compared to your state's median annual income. Your state's median income would be below your state's highest incomes and above your state's lowest incomes. If your income falls at or below your state's monthly median income, then your Chapter 7 bankruptcy filing will likely be successful click here for full text.
10 Keys to Choosing a Mesothelioma Attorney - posted: March 19, 2006 - author: Scott M. Hendler - Hiring a lawyer can be an intimidating process, especially if you've never hired one before. Mesothelioma and other asbestos-related cases are complex and require experienced, top notch attorneys. How do you know which lawyer will bring the attention and skill to your case that it deserves? We've compiled the following list to help you with your decision click here for full text.
Are You A Victim? Class Action May Be An Alternative To Going It Alone - posted: March 19, 2006 - author: Tony Merlino - The Class Action Lawsuit might be comparable to the club in the hand of David who is about to slay the Goliath, or in this case a giant corporation. Maybe "slay" is to strong a word. In any event, the class action lawsuit is an effective tool, (when wielded by an experienced professional), which can give a big company plenty of headaches click here for full text.
Forget Divorce Court – Most Florida Divorces Never Make It To Court - posted: March 19, 2006 - author: Howard Iken - Conjure up an image of divorce. The average person visualizes people sitting in a courtroom, giving testimony, with a judge at a bench presiding over everything. The reality of most divorces is dramatically different. Forget high profile, exciting confrontations in courtrooms built 50 years ago. The vast majority of divorces in Florida are relatively boring exchanges click here for full text.
Taxes and Bankruptcy: The Nuts and Bolts - posted: March 19, 2006 - author: Richard K. Gustafson, II - The filing and subsequent discharge of either a Chapter 7 or a Chapter 13 bankruptcy may eliminate some types of personal income tax liability. There are, however, certain restrictions which must be met in order to completely eliminate personal income tax liability through bankruptcy. Some personal income taxes may be eliminated through the filing and click here for full text.
Divorce and Health Insurance Benefits - posted: March 22, 2006 - author: Jean Mahserjian - Divorce causes major issues with health insurance benefits. Many families have employer provided and/or paid for health insurance benefits that cover the entire family. It is not uncommon to see situations where the other spouse is a stay at home parent, with absolutely no access to health insurance benefits, or employed at a job with either no health insurance benefits available click here for full text.
Fear of Fake Marriages Making Permanent Green Cards Difficult to Obtain - posted: March 22, 2006 - author: Heather L. Poole, Attorney at Law - The quickie green card marriage may not be so easy anymore. CIS is limiting green card issuance that can directly impact the immigrant and his or her sponsor's future. Even if an immigrant is married to a U.S. citizen, if the marriage is less than two years old at the time the green card interview (adjustment of status click here for full text.
The Umbrella Effect of The Bankruptcy Stay - posted: March 22, 2006 - author: Victoria Ring - Updated to comply with new BAPCAP (advanced training for bankruptcy paralegals). It is not intended for legal advice. Regardless of whether an entire petition or a skeleton petition is filed, the very moment the bankruptcy petition is filed with the bankruptcy court, a type of umbrella for the debtor(s) is put into effect. This is called the bankruptcy stay which helps some click here for full text.
Bextra, Stevens - Johnson Syndrome, and Toxic Epidermal Necrolysis - Is There A Connection? - posted: March 22, 2006 - author: Scott Montgomery - Stevens - Johnson syndrome is a life-threatening disease that affects the skin, which causes skin peeling rashes, and blistering of the mucous membranes. The blistering is usually in areas such as the mouth, eyes, and vagina, and the rash can be patchy and in various areas. The other variation of SJS, which click here for full text.
Risperdal Side Effects & Risperdal Lawsuits - posted: March 22, 2006 - author: T.Going - Risperdal (generically known as risperdone) is an antipsychotic drug that is used to treat delusional psychoses. Dopamine is a key neurotransmitter that the brain uses which allows a person to experience pleasure and desire. Risperdal acts to reduce the amount of dopamine the brain produces so that a natural balance of chemicals in the brain. This can reduce or eliminate many click here for full text.
The Facts About Personal Bankruptcy - posted: March 23, 2006 - author: Jay Stockman - The thought of personal bankruptcy is very frightening, however over 5.4 per 1,000 people have filed for bankruptcy last year, and this rate has been growing at an average of nearly 7 percent. Researchers have determined that the primary cause of personal bankruptcy is uncontrollable levels of consumer debt oftentimes coupled with an unexpected event, such as a major click here for full text.
Sexual Harassment And Sex Discrimination Answers - posted: March 23, 2006 - author: Brendan Chao - Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Unwelcome sexual advances, requests for click here for full text.
Don't Divorce Your Children - posted: March 23, 2006 - author: Jean Mahserjian - Divorce is certainly an emotional time for families. In fact, it ranks as one of the most stressful experiences in life. However, it is not only the adults who experience this stress. If the adults are parents, their children often suffer greatly. Their suffering can not be entirely eliminated. A certain amount of grief at the 'death' of their parents' relationship is to be expected. Nevertheless click here for full text.
How To Appeal Your Denied Social Security Claims - posted: March 23, 2006 - author: Jinky C. Mesias - Social Security is an agency of rules and regulations. These rules and regulations command for strict compliance among its members. During the processing of claims it cannot be helped that some claims are rejected or denied. The rejections of the claims are based on a thorough analysis of all supporting documents and papers submitted to the agency click here for full text.
What is the Truth about Medical Malpractice Rates? - posted: March 25, 2006 - author: Andrew M. Rockman, Esq. - No doubt, in this political season, you have heard of the medical malpractice “reform” dispute. If you are a doctor or related to someone in medicine, your reflexes tell you that it must be necessary. If you are a patient who never suffered an injury through inadequate care, your reflexes might also lead you to worry about the availability of medical care click here for full text.
How Important Is It To Choose The Right Immigration Lawyer For Your Case? - posted: March 25, 2006 - author: Andrew Green - If you do not choose the right immigration lawyer you could find yourself getting thrown out of the country, whatever country that may be. In order to be allowed to stay you need to have a good immigration lawyer on your side. This may sound scary and daunting but the good news is that it is easier than ever to get in touch with click here for full text.
Living Trusts and Estate Planning - posted: March 25, 2006 - author: Ronald Hudkins - There are many ways to protect assets for your loved ones. One way is to use a living trust. Living Trusts are routinely used by average persons, not just the wealthy, to avoid the high cost, publicity and inconvenience of probate. Property placed in an irrevocable trust will be excluded from your financial picture, for Medicaid purposes. If you name a proper beneficiary click here for full text.
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