If you are interested in starting your own business in Florida, there a variety of things you need to consider before you get your new business off and running. You may not be sure where to start or feel intimidated by the prospect of having to deal with starting a new business. The purpose of this article is to provide you with basic information you need, step by step and in an easy to follow format, as to how start and incorporate your business in Florida. In starting a new business, you should proceed as follows:
• Choose a legal entity. Before you begin your business, you will need to operate your business in some way or another. Generally, you can operate your business as a sole proprietorship, corporation, or LLC. If you operate your business as a sole proprietorship, "you" are the business. This means that all of the debts of the business will be your personal debts. In other words, you will be 100% personally responsible for all of the debts of the business. With such liability exposure, operating your business as a sole proprietorship is generally not a very good idea. So, ultimately, your options come down to forming your business as a corporation (i.e., an "S" corporation), or as a LLC.
• LLC's or "S" Corporations. LLC's and "S" corporations are very similar and offer significant benefits to a business owner. We compare the two forms of business enterprise as follows:
(a) Limited Personal Liability. "S" corporations and LLC's both have the significant benefit of providing limited personal liability to its owners. This means that the owners of the corporation or LLC are not personally responsible for the debts and obligations of the entity, unless the owners are engaging in some kind of illegal or fraudulent conduct.
(b) Ownership requirements. "S" corporations may be owned only by U.S. citizens or resident aliens and cannot generally be owned by other corporations or entities. LLC's do not have these ownership restrictions. Therefore, if you are planning on having a foreign citizen or corporate entity with an ownership interest in your business, then an LLC, rather than an "S" corporation, may be the right form for your business.
(c) Pass Through Taxation. Both "S" corporations and LLC's offer the significant advantage of "pass through" taxation. This means that income and profits of the business are not taxed at the entity level. Instead, those profits pass through directly to the shareholders / owners and are reported on the owners' individual income tax returns. In reference to taxation, however, "S" corporations offer an advantage over LLC's in that the shareholders of an "S" corporation do not have to pay payroll taxes (social security or medicare taxes) on their portion of the business' profits.
In general, for a prospective small business owner in Florida, the likely choice of business is either an "S" corporation or an LLC.
• Get Incorporated. Once you have chosen your corporate structure, you must incorporate the entity by filing your entity's articles with the Florida Department of State, Division of Corporations. For a corporation, the state filing fee is $70.00. For an LLC, the state filing fee is $125.00.
• Dealing with Business Partners. If you have more than one person who will own the business, then you may want to consider entering into an agreement which defines the relationship between and among the business owners and the corporation or LLC. Such an agreement would govern management issues, distribution of profits, capital contribution requirements, sale and transfer of ownership rights, termination of ownership, and other issues. If your business is a corporation, then you should consider entering into a shareholders agreement. If your business is an LLC, then you should consider entering into an operating agreement.
• Get an EIN. Once you have incorporated, your next step is probably to open a bank account for your new business. Before you do that, however, you will need to get an Employer Identification Number ("EIN") for your business. You can obtain an EIN for your business entity through the IRS either online or over the phone.
• Registration of Taxes in Florida. Depending on the type of business you plan to operate, you may have to collect and pay sales tax to the State of Florida. To register to pay sales tax, you must contact the Florida Department of Revenue and obtain a certificate of registration by completing and submitting form DR-1, Application to Collect and/or Report Tax in Florida. In addition, your business may have to register to pay unemployment taxes in Florida. Form DR-1 may also be used to register your business to pay unemployment taxes in Florida. You would need to contact the Florida Department of Revenue for further information.
• Licensing. With a new business, you will likely need to obtain an occupational or business license through your county and/or city. Check with each government unit to apply for an appropriate business license. If you are planning on providing professional services (e.g., real estate agent, architect, podiatrist, etc.), then you may also need to register at the state level with the Florida Department of Business and Professional Regulation.
• Financing. In starting a new business, you may need outside financing to cover the expenses of getting your business going. One source of potential financing is obtaining a loan through various loan programs administered by the Small Business Administration ("SBA"). You can contact a local SBA office to ascertain whether your business may qualify for a business loan through the Small Business Administration.
• Other Sources of Assistance. You can obtain additional assistance and guidance in starting your business in Florida through such agencies as SCORE and Small Business Development Centers ("SBDC"). There are numerous SCORE and SBDC offices throughout Florida. These agencies provide counseling and all sorts of other business-related assistance to entrepreneurs and new business owners.
This article was prepared by Joe J. Rosen, owner of Quikform Services. We provide business incorporation services for small business owners in Florida. We file corporations, limited liability companies, non profits and also form charities. For pricing and additional information, you can reach us at http://www.quikfloridacorporation.com/
Article Source: http://EzineArticles.com/?expert=Joe_J._Rosen
Sunday, February 28, 2010
Limiting Business Risk Through Prepaid Legal Service Plans
Preventive legal services is a feature that all business operators should have. Your contracts and documents being read before entering into a contract, a partnership, or even a purchase can afford the operator with a handle upon the risk involved. Mistakes are costly as with anything prevention with a little due diligence can make the flow of business less of a risk. Prepaid legal (PPLSI) service contracts provide many features and surely being able to make a phone call concerning a legal question would be important wouldn't you think? Your attorney writing letters on your behalf researching legal matters for you would that be a great service?? Would being able to build your business and having remedies for adverse legal issues being taken care before they occur provide peace of mind?? Surely not to be negative being in business one must have solutions before they occur as best as possible.
Assets are generally of a depleting and wasting nature surely legal issues can hasten the depletion of your precious assets. Time, money, and your health the worry and stress of what may or may not occur!! Would having the assurance whenever a legal issue arises you have locked in your cost for legal representation provide comfort?? Being in business and having assets there is always that element that strive to defraud and cause financial gain at the expense of another. Legal representation provide protection from legal predators, zealous regulators, and unfair practitioners of business. Time surely is a wasting asset and identity theft protection is another service PPLSI provides.
Your identity protection is critically important in these days identity theft is a crime that is increasing. PPLSI has partner with Kroll a worldwide company that render the services of identity theft protection. Through checking your credit reports regularly and with a limited power of attorney from you they can correct the damage that criminals has inflicted upon you quicker. Time again being a critical and wasting asset with the identity theft protection you will not have to miss days from your business tracking documents, and going courthouse to courthouse defending yourself kroll will handle all of that. There is much much more available that PPLSI has to offer upon request for further information the additional features and benefits can be explained. Hopefully the awareness of criminals banding together to devise more ways and means to defraud honest business owners it just made good sense to have legal services at your access.
Much Success
Lloyd A Carrington Jr.
Independent Associate of Prepaidlegal
http://www.prepaidlegal.com/hub/lloydcarrington
lloydcarrington@prepaidlegal.com
financeagent1961@yahoo.com
888-230-2626
Article Source: http://EzineArticles.com/?expert=Lloyd_Carrington_Jr.
Assets are generally of a depleting and wasting nature surely legal issues can hasten the depletion of your precious assets. Time, money, and your health the worry and stress of what may or may not occur!! Would having the assurance whenever a legal issue arises you have locked in your cost for legal representation provide comfort?? Being in business and having assets there is always that element that strive to defraud and cause financial gain at the expense of another. Legal representation provide protection from legal predators, zealous regulators, and unfair practitioners of business. Time surely is a wasting asset and identity theft protection is another service PPLSI provides.
Your identity protection is critically important in these days identity theft is a crime that is increasing. PPLSI has partner with Kroll a worldwide company that render the services of identity theft protection. Through checking your credit reports regularly and with a limited power of attorney from you they can correct the damage that criminals has inflicted upon you quicker. Time again being a critical and wasting asset with the identity theft protection you will not have to miss days from your business tracking documents, and going courthouse to courthouse defending yourself kroll will handle all of that. There is much much more available that PPLSI has to offer upon request for further information the additional features and benefits can be explained. Hopefully the awareness of criminals banding together to devise more ways and means to defraud honest business owners it just made good sense to have legal services at your access.
Much Success
Lloyd A Carrington Jr.
Independent Associate of Prepaidlegal
http://www.prepaidlegal.com/hub/lloydcarrington
lloydcarrington@prepaidlegal.com
financeagent1961@yahoo.com
888-230-2626
Article Source: http://EzineArticles.com/?expert=Lloyd_Carrington_Jr.
Saturday, February 27, 2010
Learn How to Copyright Your Music
To protect your music from being misused or plagiarized, you need to copyright your music. This is essential or you may find your music being ripped off. If the copyrighted material is plagiarized then you can take action and claim damages but unless the music is copyrighted, you may be left high and dry, wringing your hands in frustration. Copyrighting comes with a fee as most things do, however it gives you peace of mind regarding your creative effort.
What is Copyrighting?
When you write or compose something original and lay claims to it, it automatically becomes your own. Laying claims need to be made through a statutory body recognized by law. In this way you can be assured that your original creation will not be misused. Some people simply send a copy of the CD to themselves in their mail to prove the date and time. This is poor man's copyright and does not carry too much weight nor is it enough to claim a penalty. A copyright needs to be approved by the government to make it legal. The official process to copyright your music involves going through the government process of obtaining a copyright from the US Copyright Office. The process is simple and reliable.
Requirements for Copyrighting Your Music
A copy of the songs to be copyrighted A copyright form An envelope for mailing them $45
Tips Regarding the Official Copyright Form
1. If you are going to copyright your music, sound as well as music, then you need Form SR for Sound Recording to copyright both as copyrighting the sound alone will not take care of your composition. This is absolutely required if your band has recorded an album. 2. The Performing Arts copyright lets you copyright the song too. If you submit a recording to be copyrighted then only your song will be copyrighted and not the sound recording. If you are a songwriter and are not worried about the recording the Form PA should be good enough for you. 3. There is a CON or a Continuation Form along with the SR or PA form which can be used as continuation forms when you copyright your music.
Register your copyrighted music
Copyright your music by registering it. First fill in the appropriate forms SR, PA or CON. Write out a check for $45 and make it out to "Register of Copyrights". Make a good copy of the music that you need copyrighted. This copy will be retained and will not be returned to you. Next put everything (CD, forms and check) in an envelope and mail it to:
Library of Congress Copyright Office 101 Independence Avenue, SE Washington DC 20559-6000
Copyright your music and have peace of mind regarding your composition. This is absolutely necessary if you wish to prevent plagiarism. Copyright your music and make it legally yours. The process is simple does not cost the earth, when compared to the risks involved if you do not copyright your original creation. A lot of effort and time has gone in to creating your music so protect it by copyrighting it.
Brad Barnett knows what you need to do to successfully promote your band and music on and offline. He has been a part of the music scene for 10+ years playing, recording, and distributing his music. He offers you free tips and resources to promote your band.
Article Source: http://EzineArticles.com/?expert=Brad_Barnett
What is Copyrighting?
When you write or compose something original and lay claims to it, it automatically becomes your own. Laying claims need to be made through a statutory body recognized by law. In this way you can be assured that your original creation will not be misused. Some people simply send a copy of the CD to themselves in their mail to prove the date and time. This is poor man's copyright and does not carry too much weight nor is it enough to claim a penalty. A copyright needs to be approved by the government to make it legal. The official process to copyright your music involves going through the government process of obtaining a copyright from the US Copyright Office. The process is simple and reliable.
Requirements for Copyrighting Your Music
A copy of the songs to be copyrighted A copyright form An envelope for mailing them $45
Tips Regarding the Official Copyright Form
1. If you are going to copyright your music, sound as well as music, then you need Form SR for Sound Recording to copyright both as copyrighting the sound alone will not take care of your composition. This is absolutely required if your band has recorded an album. 2. The Performing Arts copyright lets you copyright the song too. If you submit a recording to be copyrighted then only your song will be copyrighted and not the sound recording. If you are a songwriter and are not worried about the recording the Form PA should be good enough for you. 3. There is a CON or a Continuation Form along with the SR or PA form which can be used as continuation forms when you copyright your music.
Register your copyrighted music
Copyright your music by registering it. First fill in the appropriate forms SR, PA or CON. Write out a check for $45 and make it out to "Register of Copyrights". Make a good copy of the music that you need copyrighted. This copy will be retained and will not be returned to you. Next put everything (CD, forms and check) in an envelope and mail it to:
Library of Congress Copyright Office 101 Independence Avenue, SE Washington DC 20559-6000
Copyright your music and have peace of mind regarding your composition. This is absolutely necessary if you wish to prevent plagiarism. Copyright your music and make it legally yours. The process is simple does not cost the earth, when compared to the risks involved if you do not copyright your original creation. A lot of effort and time has gone in to creating your music so protect it by copyrighting it.
Brad Barnett knows what you need to do to successfully promote your band and music on and offline. He has been a part of the music scene for 10+ years playing, recording, and distributing his music. He offers you free tips and resources to promote your band.
Article Source: http://EzineArticles.com/?expert=Brad_Barnett
VHS to DVD - Are You Breaking the Law?
Operating a VHS to DVD service can be very rewarding. It can give one the opportunity to help friends and family improve their home movie collections by upgrading them to a more stable media. There are times, however, when a customer will ask to have a copyrighted movie transferred from VHS to DVD. There are certain steps that must be taken when one does this in order to avoid breaking the law while operating a VHS to DVD service.
If the person presents an original, purchased movie on VHS, that person has a legal right to make one copy and store the original and archive. The copy made must be for that individual's personal use and may not be sold, traded, or even given away. Doing any of these things makes that individual guilty of copyright infringement, a crime that carries some very stiff penalties if one is caught.
The dilemma that develops for someone operating a VHS to DVD service is that multiple clients may produce their own original copies on VHS of the same movie. The question becomes, "How does one avoid being guilty of copyright infringement while making multiple copies of the same movie?"
The answer in this case becomes a bit tricky. In order to stay completely legal, one would have to make a direct copy from each original. Unfortunately, there is likely to be a difference in the quality of image available from different originals do to differences in age and storage methods. There will be a great temptation to choose the best of the originals and make all copies from it. However, in order to remain completely innocent of any wrongdoing and to avoid the appearance of wrongdoing, this temptation must not be succumbed to.
Additionally, there may be a tendency to want to edit the video and/or audio to produce a better quality before burning to DVD. This practice is perfectly acceptable with home movies that were originally recorded by the owner. However, making any changes during the copying process could, and probably would, be viewed as copyright infringement and result in fines and or jail time.
The best way to handle the situation of being presented with multiple copies of a copyrighted material for VHS to DVD conversion is to have a VCR to DVD-R setup that makes the copy directly without any intermediary devices. This is the best setup to avoid breaking the law while operating a VHS to DVD Service.
Marc Miller is the co-founder of Vinyl To Digital, the UK's only Audio and Video conversion service where he has been providing a VHS to DVD Service for the last five years. Vinyl to Digital is based in the Midlands area of England, UK.
Article Source: http://EzineArticles.com/?expert=Marc_Miller
If the person presents an original, purchased movie on VHS, that person has a legal right to make one copy and store the original and archive. The copy made must be for that individual's personal use and may not be sold, traded, or even given away. Doing any of these things makes that individual guilty of copyright infringement, a crime that carries some very stiff penalties if one is caught.
The dilemma that develops for someone operating a VHS to DVD service is that multiple clients may produce their own original copies on VHS of the same movie. The question becomes, "How does one avoid being guilty of copyright infringement while making multiple copies of the same movie?"
The answer in this case becomes a bit tricky. In order to stay completely legal, one would have to make a direct copy from each original. Unfortunately, there is likely to be a difference in the quality of image available from different originals do to differences in age and storage methods. There will be a great temptation to choose the best of the originals and make all copies from it. However, in order to remain completely innocent of any wrongdoing and to avoid the appearance of wrongdoing, this temptation must not be succumbed to.
Additionally, there may be a tendency to want to edit the video and/or audio to produce a better quality before burning to DVD. This practice is perfectly acceptable with home movies that were originally recorded by the owner. However, making any changes during the copying process could, and probably would, be viewed as copyright infringement and result in fines and or jail time.
The best way to handle the situation of being presented with multiple copies of a copyrighted material for VHS to DVD conversion is to have a VCR to DVD-R setup that makes the copy directly without any intermediary devices. This is the best setup to avoid breaking the law while operating a VHS to DVD Service.
Marc Miller is the co-founder of Vinyl To Digital, the UK's only Audio and Video conversion service where he has been providing a VHS to DVD Service for the last five years. Vinyl to Digital is based in the Midlands area of England, UK.
Article Source: http://EzineArticles.com/?expert=Marc_Miller
Thursday, February 25, 2010
Reasons For Needing an Attorney
Most people at some point in the course of their lives need legal counsel. Whether it is for a friend, for a "friend", or for a family member it is a sad reality that most people have to hire a lawyer at some point. There are various reasons for needing legal help and various workers in the legal industry to help with those specific needs, for example a foreclosure defense or an OVI attorney. Sometimes people who need legal advice have not even committed a crime and just need somebody to look at a contract or other type of agreement, but often times the consumers in the legal world are alleged criminals, and there are various crimes that they may or may not have committed. For those who are unaware, there are two different groups of crimes.
The first type of crime that can be committed is a misdemeanor. Misdemeanors are less serious crimes and can often times be settled with a simple fine. One example of this type is a traffic violation, which generally just results in a small fine payable to the county. However, some misdemeanors are more serious and require time in jail, as opposed to prison which is only for the other variety of crime. Another misdemeanor is assault, which can end up leading to jail time if serious enough. People who are first time misdemeanor offenders often get away with just being on probation, meaning they have to report to a court specialist who reports back to the courts on their behavior to make sure they aren't falling into old habits.
The second type of crime is called a felony, and felony crimes are far more serious. There is no settling of a felony with just a fine paid to the county. Felonies typically come with a jail sentence if the accused is proven to be guilty in a court of law. However, even felonies can be settled out of court with bargaining between the defense attorney and the prosecution. One example of a felony is robbery, which is defined as the taking of property from a person by way of force or intimidation. Many times tax evasion is also charged as a felony, although that depends heavily on the interpretation of whether or not the evasion of paying taxes was intentional.
Finally, some people need legal advice simply because they are going through something that involves a contract. Some things that are written into provisional versions of contracts are illegal and it would be up to a contract lawyer to give their client advice on what is and is not legally binding so that their client gets a fair deal and is not cheated, intentionally or unintentionally. Many times talent agents that work with actors, athletes or models have law degrees and specialize in contract law and look after their clients to make sure they are not exploited.
There are many types of legal trouble one can get into or types of legal issues one might need advice on. Without as many types of lawyers as there are in the world it would be much harder for everything to be fair and legally sound.
Connor R Stewart recently worked with a Cincinnati foreclosure defense attorney while conducting research for a new article. He learned quite a bit about the merits of hiring a great attorney when he spent a day with a Cincinnati OVI attorney helping to make his practice more efficient.
Article Source: http://EzineArticles.com/?expert=Connor_R_Sullivan
The first type of crime that can be committed is a misdemeanor. Misdemeanors are less serious crimes and can often times be settled with a simple fine. One example of this type is a traffic violation, which generally just results in a small fine payable to the county. However, some misdemeanors are more serious and require time in jail, as opposed to prison which is only for the other variety of crime. Another misdemeanor is assault, which can end up leading to jail time if serious enough. People who are first time misdemeanor offenders often get away with just being on probation, meaning they have to report to a court specialist who reports back to the courts on their behavior to make sure they aren't falling into old habits.
The second type of crime is called a felony, and felony crimes are far more serious. There is no settling of a felony with just a fine paid to the county. Felonies typically come with a jail sentence if the accused is proven to be guilty in a court of law. However, even felonies can be settled out of court with bargaining between the defense attorney and the prosecution. One example of a felony is robbery, which is defined as the taking of property from a person by way of force or intimidation. Many times tax evasion is also charged as a felony, although that depends heavily on the interpretation of whether or not the evasion of paying taxes was intentional.
Finally, some people need legal advice simply because they are going through something that involves a contract. Some things that are written into provisional versions of contracts are illegal and it would be up to a contract lawyer to give their client advice on what is and is not legally binding so that their client gets a fair deal and is not cheated, intentionally or unintentionally. Many times talent agents that work with actors, athletes or models have law degrees and specialize in contract law and look after their clients to make sure they are not exploited.
There are many types of legal trouble one can get into or types of legal issues one might need advice on. Without as many types of lawyers as there are in the world it would be much harder for everything to be fair and legally sound.
Connor R Stewart recently worked with a Cincinnati foreclosure defense attorney while conducting research for a new article. He learned quite a bit about the merits of hiring a great attorney when he spent a day with a Cincinnati OVI attorney helping to make his practice more efficient.
Article Source: http://EzineArticles.com/?expert=Connor_R_Sullivan
Discover the Most Comprehensive Alaskan Background Check Available!
Alaska Fun Facts - Population 2009: 686,293.
In a state that is dark two months out of the year in some areas, an Alaska background check can help ensure your healthy survival. After all Alaska has above average rates of violent crime, which include one of the worst national rates for aggravated assault, and the worse rate of any state in the union for violent rape. Statistics show that most victims of violent crime know their attacker.
A criminal background check on someone giving you a bad vibe might just keep you alive. Knowing how to go about doing a criminal background check can be confusing. There are many available options, including the one offered by Alaska's Criminal Records & Identification Bureau (R&I). I will guide you through the available options and give you some tips that will reveal how you can get the best service available.
In Alaska, the Criminal Records and Identification Bureau of The Department of Public Safety maintains a central repository of Alaska Criminal Justice Information. Information may be obtained by submitting a request either based on a name search, which will set you back $20, or fingerprints submitted for comparison, which is $35.
Individuals do not have the option of submitting a request online. It will have to be printed, filled out by hand, and submitted by snail-mail. As with many states, you are permitted to use Alaska's background check service to view your own record, but if you wish to view someone else's, you have to obtain their permission so of course their signature will have to be on the form you submit to the Alaska Department of Public Safety.
Name based searches are exact match only, meaning that if you get the name wrong, you will have to resubmit your search. Of course, you'll be out another $20 and the time it takes for the mail to run to Alaska. Naturally, a fingerprint based search might be a solution to this problem...If you are an employer wanting to screen an employee. However, if you are an individual concerned for your safety or that of your family, then this is quite obviously out of the question, or at least in most situations.
The answer I have for you is to run an online background check. Running an Alaska background check through a reputable and well established online service is a convenient and cost effective solution to your needs. You can search for records on anyone you want, and you will get a comprehensive history of the person.
Running a name search will give you preliminary results with enough details for you to identify your subject most of the time. If the name does not appear in the results-simple, you don't pay. If you find the name you are looking for, you can be assured that your search is anonymous as there are no forms to fill out or fingerprints to submit.
When you do an online search, you have the option to include a national search, something totally missing from the state's background check option. With the mobility of today's population, and it seems especially criminals looking to escape a dirty past, it seems almost foolhardy to ignore the possibility that your subject may have a record in another state.
Online services can certainly be a lifesaver. However, you need to be aware that over 98% suffer from incomplete data and high error margins. There are a select few that research has proven to work, and that you can depend on for accurate results. These accurate results are what you need to make eyes-open decisions on which people you can trust. You cannot afford the risk that someone you let into your life could end up destroying it. Alaska background checks from the state have their place, especially if you are a business, but will not work for private individuals. Your solution is one of the handful of dependable online services.
Don't risk the safety and well being of your business and family to a dangerously flawed background check where 40% error margins are a rampant problem at most online services. Get my free report and discover the most comprehensive online background check services available...Answers to your most commonly asked questions...Plus insider tips on how to get up to 40% discounts. Get your free report and online background check tips and tricks at http://www.BestBackgroundCheck.org.
Article Source: http://EzineArticles.com/?expert=Dave_Jordan
In a state that is dark two months out of the year in some areas, an Alaska background check can help ensure your healthy survival. After all Alaska has above average rates of violent crime, which include one of the worst national rates for aggravated assault, and the worse rate of any state in the union for violent rape. Statistics show that most victims of violent crime know their attacker.
A criminal background check on someone giving you a bad vibe might just keep you alive. Knowing how to go about doing a criminal background check can be confusing. There are many available options, including the one offered by Alaska's Criminal Records & Identification Bureau (R&I). I will guide you through the available options and give you some tips that will reveal how you can get the best service available.
In Alaska, the Criminal Records and Identification Bureau of The Department of Public Safety maintains a central repository of Alaska Criminal Justice Information. Information may be obtained by submitting a request either based on a name search, which will set you back $20, or fingerprints submitted for comparison, which is $35.
Individuals do not have the option of submitting a request online. It will have to be printed, filled out by hand, and submitted by snail-mail. As with many states, you are permitted to use Alaska's background check service to view your own record, but if you wish to view someone else's, you have to obtain their permission so of course their signature will have to be on the form you submit to the Alaska Department of Public Safety.
Name based searches are exact match only, meaning that if you get the name wrong, you will have to resubmit your search. Of course, you'll be out another $20 and the time it takes for the mail to run to Alaska. Naturally, a fingerprint based search might be a solution to this problem...If you are an employer wanting to screen an employee. However, if you are an individual concerned for your safety or that of your family, then this is quite obviously out of the question, or at least in most situations.
The answer I have for you is to run an online background check. Running an Alaska background check through a reputable and well established online service is a convenient and cost effective solution to your needs. You can search for records on anyone you want, and you will get a comprehensive history of the person.
Running a name search will give you preliminary results with enough details for you to identify your subject most of the time. If the name does not appear in the results-simple, you don't pay. If you find the name you are looking for, you can be assured that your search is anonymous as there are no forms to fill out or fingerprints to submit.
When you do an online search, you have the option to include a national search, something totally missing from the state's background check option. With the mobility of today's population, and it seems especially criminals looking to escape a dirty past, it seems almost foolhardy to ignore the possibility that your subject may have a record in another state.
Online services can certainly be a lifesaver. However, you need to be aware that over 98% suffer from incomplete data and high error margins. There are a select few that research has proven to work, and that you can depend on for accurate results. These accurate results are what you need to make eyes-open decisions on which people you can trust. You cannot afford the risk that someone you let into your life could end up destroying it. Alaska background checks from the state have their place, especially if you are a business, but will not work for private individuals. Your solution is one of the handful of dependable online services.
Don't risk the safety and well being of your business and family to a dangerously flawed background check where 40% error margins are a rampant problem at most online services. Get my free report and discover the most comprehensive online background check services available...Answers to your most commonly asked questions...Plus insider tips on how to get up to 40% discounts. Get your free report and online background check tips and tricks at http://www.BestBackgroundCheck.org.
Article Source: http://EzineArticles.com/?expert=Dave_Jordan
Wednesday, February 24, 2010
Legally Speaking - Talk To Me In My Native Tongue
Unless you're a lawyer, legal documents are hard to understand; they are detail oriented and complex, often using terms that are indigenous to the legal profession. Specifically created to cover any situation that could occur between the parties involved, each word and phrase is intended to have legal impact that can be upheld in a court of law. Yet these documents are an integral part of our lives. It is inevitable that throughout a lifetime, we will all be required to sign a legal document, i.e. birth certificates, marriage licenses, purchase contracts, etc.
The purpose of a contract is usually to institute "clearly defined rights and duties" for the participants. And legal vocabulary has its own peculiarities such as word doubling or "near-synonym pairs" that are intended for specific impact. Not understanding this impact, can alter the ability to comprehend the implications of the agreement being signed.
In business contracts and agreements, it is common in our multi-cultural world that the parties involved are from different cultures, often with native languages other than English. When this is the case, it is imperative that the legal document be translated into the native tongues of the people signing the agreement. To begin with, law is "culture-dependent" and the specifics being required in a contract could have stipulations that are not a part of legal transactions in the mother land of one or more of the parties involved.
Many industries have built-in capabilities of providing legal documents for languages that are a large part of their communities. Some businesses are more paper dependent and contract driven than others. For these companies, translation is an acknowledged part of their legal interactions.
Recognizing the need for Spanish translated legal documents for the mortgage industry, the mortgage giant, Fannie Mae, has Spanish Translations of mortgage documents available on their website. And, in many areas of the country, one of the Mortgage Industry's document preparation systems - Calyx - allows the loan officer to request all of the required documents in Spanish. In other areas of the country other language options are available as well.
The Mortgage Industry is just one of the many areas of business that have become dependent on translated legal documents to help in their everyday interactions. Not all businesses have readily available translated documents - many legal interactions are specific to the parties involved and have been written and therefore must be translated on an individual basis.
Professional translation is imperative with legal documents because even if both parties can read and speak English, the mistranslation of a word or a passage in a contract could result in lawsuits and broken agreements. Lawsuits have been brought and contracts have been broken simply because one of the parties did not thoroughly understand what they had signed. In legal transactions, the saying "lost in translation" can have long-term, expensive consequences.
Author Monica Castro
Translations Wave
http://translationswave.com
Article Source: http://EzineArticles.com/?expert=Monica_Castro
The purpose of a contract is usually to institute "clearly defined rights and duties" for the participants. And legal vocabulary has its own peculiarities such as word doubling or "near-synonym pairs" that are intended for specific impact. Not understanding this impact, can alter the ability to comprehend the implications of the agreement being signed.
In business contracts and agreements, it is common in our multi-cultural world that the parties involved are from different cultures, often with native languages other than English. When this is the case, it is imperative that the legal document be translated into the native tongues of the people signing the agreement. To begin with, law is "culture-dependent" and the specifics being required in a contract could have stipulations that are not a part of legal transactions in the mother land of one or more of the parties involved.
Many industries have built-in capabilities of providing legal documents for languages that are a large part of their communities. Some businesses are more paper dependent and contract driven than others. For these companies, translation is an acknowledged part of their legal interactions.
Recognizing the need for Spanish translated legal documents for the mortgage industry, the mortgage giant, Fannie Mae, has Spanish Translations of mortgage documents available on their website. And, in many areas of the country, one of the Mortgage Industry's document preparation systems - Calyx - allows the loan officer to request all of the required documents in Spanish. In other areas of the country other language options are available as well.
The Mortgage Industry is just one of the many areas of business that have become dependent on translated legal documents to help in their everyday interactions. Not all businesses have readily available translated documents - many legal interactions are specific to the parties involved and have been written and therefore must be translated on an individual basis.
Professional translation is imperative with legal documents because even if both parties can read and speak English, the mistranslation of a word or a passage in a contract could result in lawsuits and broken agreements. Lawsuits have been brought and contracts have been broken simply because one of the parties did not thoroughly understand what they had signed. In legal transactions, the saying "lost in translation" can have long-term, expensive consequences.
Author Monica Castro
Translations Wave
http://translationswave.com
Article Source: http://EzineArticles.com/?expert=Monica_Castro
Basic Federal Firearms License Info
Are you a firearms enthusiast? If you're like me, and just enjoy firearms, then you may require a federal firearms license. Maybe you're toying with the idea of selling firearms to make a little money or possibly opening your own shop to sell firearms as a full time business. Whatsoever your rationality, one truth holds reliable, if you would like to sell, repair, or collect any of them, you well require a federal firearms license.
What are the prerequisites to obtaining a license? Here are just a couple of the common requirements that you'll need to meet before the bureau of alcohol, tobacco, firearms, and explosive, or A.T.F., will even consider sanctioning your application. Just remember that this is only the primary prerequisites. There are a lot of additional requirements that you have to meet to get licensed. These will simply get your application considered by the A.T.F.
You have to be twenty one years old or older. This is true even if you're able to purchase and posses guns if your younger than twenty one, you're not permitted to receive a federal firearms license. You have to be allowed, lawfully, to posses firearms and ammo. This implies you have not been convicted of any federal or state felonies. You must have not breached the gun control act of nineteen sixty eight. You can not neglect to disclose any info that would be important to your application, or your right to apply for a federal firearms license. You are required to have the suitable place for conducting business, marketing guns, or collecting guns.
As you will be able to tell from these primary prerequisites, the procedure to apply for a federal firearms license gets really tangled. Now that you have plunged into the process, you have recognized quite quickly, that applying for a license isn't as simple as you imagined. There are a lot of mistakes that can and will be made and this will slow your application down, or even make you be disqualified from acquiring a license if you do them wrong.
However, of you search carefully, you will be able to find step by step instructions on the net on how to properly apply for a federal firearms license. Make sure to follow the instructions and be cautious in the way you handle the application.
Click here for your main source to learn about federal firearms license and to apply ffl to sell guns or buy guns the easy way.
Article Source: http://EzineArticles.com/?expert=Tom_S._Holmes
What are the prerequisites to obtaining a license? Here are just a couple of the common requirements that you'll need to meet before the bureau of alcohol, tobacco, firearms, and explosive, or A.T.F., will even consider sanctioning your application. Just remember that this is only the primary prerequisites. There are a lot of additional requirements that you have to meet to get licensed. These will simply get your application considered by the A.T.F.
You have to be twenty one years old or older. This is true even if you're able to purchase and posses guns if your younger than twenty one, you're not permitted to receive a federal firearms license. You have to be allowed, lawfully, to posses firearms and ammo. This implies you have not been convicted of any federal or state felonies. You must have not breached the gun control act of nineteen sixty eight. You can not neglect to disclose any info that would be important to your application, or your right to apply for a federal firearms license. You are required to have the suitable place for conducting business, marketing guns, or collecting guns.
As you will be able to tell from these primary prerequisites, the procedure to apply for a federal firearms license gets really tangled. Now that you have plunged into the process, you have recognized quite quickly, that applying for a license isn't as simple as you imagined. There are a lot of mistakes that can and will be made and this will slow your application down, or even make you be disqualified from acquiring a license if you do them wrong.
However, of you search carefully, you will be able to find step by step instructions on the net on how to properly apply for a federal firearms license. Make sure to follow the instructions and be cautious in the way you handle the application.
Click here for your main source to learn about federal firearms license and to apply ffl to sell guns or buy guns the easy way.
Article Source: http://EzineArticles.com/?expert=Tom_S._Holmes
Monday, February 22, 2010
Know About Asbestos Regulations
When you're looking to removing asbestos at home or at work, there are certain asbestos regulations that you should be aware of. First and foremost, you should know that asbestos can be a health hazard. That's why you should know some information about it. You should understand that you should be concerned about it even if you're not an industry worker yourself. There are certain parts of your home, school, or building that may contain asbestos. That is why it's important to know about asbestos regulations even though you're not in that industry.
Asbestos is a certain mineral fiber more commonly used in various building materials. They can be seen in roof shingles, shingle sidings, ceilings, cement products, floor tiles, and even in some paper products. They can also be used in automobiles such as in brakes, transmission, clutch, gaskets, and even in the clutch. Asbestos is great in resisting collision and is a great fire-retardant. However, being exposed to asbestos may impose a serious risk. It can be inhaled into your lungs where it can cause some tissue build-up. In a couple of years after being exposed to asbestos, it can be the cause of serious diseases related to your lung or respiratory system. In some cases, it can even be the cause of death. That's why you should know about the removal of asbestos and the asbestos regulations involved.
Now that you have an idea on what asbestos and what it can cause, it's time to know the common sources of exposure to asbestos. At home or in various buildings such as the office or school, asbestos could be found in damaged or deteriorating insulation, acoustical materials, fireproofing, and floor tiles. It can be in the ceiling, shingle siding, or flooring. In commercial areas, especially in schools, regulations state that owners, administration, or management should have an asbestos inspection every three years, depending on where the building is located. This allows for safety of everyone. Remember that it is your liability to keep the students, teachers, and workers safe in your building. Now on the other hand, those who are working in industries that involve mining, making, or using asbestos should be aware of the risk. Your workplace is one of the top sources of asbestos exposure.
This also concerns those working at the construction industry, those working with textiles, insulation, friction products, as well as production of building materials. Those involved in repairing brakes and clutches on vehicles should also be concerned. As a general worker, you should know about work regulations concerning asbestos.
It is important to know the asbestos regulations concerning your work. It may differ depending on where you live or where you work. Note that there are certain areas that have already banned the use of asbestos on certain products. There are also various regulations concerning removal or the abatement process. The removal process on its own should follow certain rules and guidelines. You should not just throw out the materials contaminated with asbestos. It should be contained and sealed. At the same time, you should search for a landfill specifically for asbestos if you are disposing asbestos.
Gavin Cruise was born in New York, his father was a wealthy business man in real estate. Gavin had the privilege of traveling extensively with his father learning about a wide variety of subjects. He attended Harvard where he majored in English and from the age of 26 Gavin supported himself by freelance writing. If you would like to read more articles about Gavin Cruise, please visit http://www.asbestos-removal-help.com
Article Source: http://EzineArticles.com/?expert=Gavin_Cruise
Asbestos is a certain mineral fiber more commonly used in various building materials. They can be seen in roof shingles, shingle sidings, ceilings, cement products, floor tiles, and even in some paper products. They can also be used in automobiles such as in brakes, transmission, clutch, gaskets, and even in the clutch. Asbestos is great in resisting collision and is a great fire-retardant. However, being exposed to asbestos may impose a serious risk. It can be inhaled into your lungs where it can cause some tissue build-up. In a couple of years after being exposed to asbestos, it can be the cause of serious diseases related to your lung or respiratory system. In some cases, it can even be the cause of death. That's why you should know about the removal of asbestos and the asbestos regulations involved.
Now that you have an idea on what asbestos and what it can cause, it's time to know the common sources of exposure to asbestos. At home or in various buildings such as the office or school, asbestos could be found in damaged or deteriorating insulation, acoustical materials, fireproofing, and floor tiles. It can be in the ceiling, shingle siding, or flooring. In commercial areas, especially in schools, regulations state that owners, administration, or management should have an asbestos inspection every three years, depending on where the building is located. This allows for safety of everyone. Remember that it is your liability to keep the students, teachers, and workers safe in your building. Now on the other hand, those who are working in industries that involve mining, making, or using asbestos should be aware of the risk. Your workplace is one of the top sources of asbestos exposure.
This also concerns those working at the construction industry, those working with textiles, insulation, friction products, as well as production of building materials. Those involved in repairing brakes and clutches on vehicles should also be concerned. As a general worker, you should know about work regulations concerning asbestos.
It is important to know the asbestos regulations concerning your work. It may differ depending on where you live or where you work. Note that there are certain areas that have already banned the use of asbestos on certain products. There are also various regulations concerning removal or the abatement process. The removal process on its own should follow certain rules and guidelines. You should not just throw out the materials contaminated with asbestos. It should be contained and sealed. At the same time, you should search for a landfill specifically for asbestos if you are disposing asbestos.
Gavin Cruise was born in New York, his father was a wealthy business man in real estate. Gavin had the privilege of traveling extensively with his father learning about a wide variety of subjects. He attended Harvard where he majored in English and from the age of 26 Gavin supported himself by freelance writing. If you would like to read more articles about Gavin Cruise, please visit http://www.asbestos-removal-help.com
Article Source: http://EzineArticles.com/?expert=Gavin_Cruise
Legally Speaking - Talk To Me In My Native Tongue
Unless you're a lawyer, legal documents are hard to understand; they are detail oriented and complex, often using terms that are indigenous to the legal profession. Specifically created to cover any situation that could occur between the parties involved, each word and phrase is intended to have legal impact that can be upheld in a court of law. Yet these documents are an integral part of our lives. It is inevitable that throughout a lifetime, we will all be required to sign a legal document, i.e. birth certificates, marriage licenses, purchase contracts, etc.
The purpose of a contract is usually to institute "clearly defined rights and duties" for the participants. And legal vocabulary has its own peculiarities such as word doubling or "near-synonym pairs" that are intended for specific impact. Not understanding this impact, can alter the ability to comprehend the implications of the agreement being signed.
In business contracts and agreements, it is common in our multi-cultural world that the parties involved are from different cultures, often with native languages other than English. When this is the case, it is imperative that the legal document be translated into the native tongues of the people signing the agreement. To begin with, law is "culture-dependent" and the specifics being required in a contract could have stipulations that are not a part of legal transactions in the mother land of one or more of the parties involved.
Many industries have built-in capabilities of providing legal documents for languages that are a large part of their communities. Some businesses are more paper dependent and contract driven than others. For these companies, translation is an acknowledged part of their legal interactions.
Recognizing the need for Spanish translated legal documents for the mortgage industry, the mortgage giant, Fannie Mae, has Spanish Translations of mortgage documents available on their website. And, in many areas of the country, one of the Mortgage Industry's document preparation systems - Calyx - allows the loan officer to request all of the required documents in Spanish. In other areas of the country other language options are available as well.
The Mortgage Industry is just one of the many areas of business that have become dependent on translated legal documents to help in their everyday interactions. Not all businesses have readily available translated documents - many legal interactions are specific to the parties involved and have been written and therefore must be translated on an individual basis.
Professional translation is imperative with legal documents because even if both parties can read and speak English, the mistranslation of a word or a passage in a contract could result in lawsuits and broken agreements. Lawsuits have been brought and contracts have been broken simply because one of the parties did not thoroughly understand what they had signed. In legal transactions, the saying "lost in translation" can have long-term, expensive consequences.
Author Monica Castro
Translations Wave
http://translationswave.com
Article Source: http://EzineArticles.com/?expert=Monica_Castro
The purpose of a contract is usually to institute "clearly defined rights and duties" for the participants. And legal vocabulary has its own peculiarities such as word doubling or "near-synonym pairs" that are intended for specific impact. Not understanding this impact, can alter the ability to comprehend the implications of the agreement being signed.
In business contracts and agreements, it is common in our multi-cultural world that the parties involved are from different cultures, often with native languages other than English. When this is the case, it is imperative that the legal document be translated into the native tongues of the people signing the agreement. To begin with, law is "culture-dependent" and the specifics being required in a contract could have stipulations that are not a part of legal transactions in the mother land of one or more of the parties involved.
Many industries have built-in capabilities of providing legal documents for languages that are a large part of their communities. Some businesses are more paper dependent and contract driven than others. For these companies, translation is an acknowledged part of their legal interactions.
Recognizing the need for Spanish translated legal documents for the mortgage industry, the mortgage giant, Fannie Mae, has Spanish Translations of mortgage documents available on their website. And, in many areas of the country, one of the Mortgage Industry's document preparation systems - Calyx - allows the loan officer to request all of the required documents in Spanish. In other areas of the country other language options are available as well.
The Mortgage Industry is just one of the many areas of business that have become dependent on translated legal documents to help in their everyday interactions. Not all businesses have readily available translated documents - many legal interactions are specific to the parties involved and have been written and therefore must be translated on an individual basis.
Professional translation is imperative with legal documents because even if both parties can read and speak English, the mistranslation of a word or a passage in a contract could result in lawsuits and broken agreements. Lawsuits have been brought and contracts have been broken simply because one of the parties did not thoroughly understand what they had signed. In legal transactions, the saying "lost in translation" can have long-term, expensive consequences.
Author Monica Castro
Translations Wave
http://translationswave.com
Article Source: http://EzineArticles.com/?expert=Monica_Castro
Sunday, February 21, 2010
Divorce and Real Estate
One of the biggest issues that comes up during any divorce proceedings is the division of property. Every item you own has to be divided up between you and your spouse. If you're like many couples, the most valuable property you own is in the form of real estate - houses, condos, vacation homes, even businesses. You're probably wondering, "what happens to these investments?"
Before you make any decisions involving the division of real estate property, you need to carefully examine your financial situation both prior to the divorce, and after the divorce. Can you afford the property now? Will you be able to afford the property later? Is it practical for you to continue paying the expenses associated with owning a piece of real estate?
In addition to pragmatically evaluating your financial situation, you need to evaluate your emotional ties to the property. While it may be financially beneficial for you to retain possession of a particular piece of property, the painful memories associated with it may be too strong. It's impractical to think that the emotions associated with marital property don't exist.
The Law
The way you decide to divide any real estate property following your divorce is subject to the divorce laws in your particular state. Some states, such as California, believe that property division should be equal as well as equitable, meaning that the overall value of the property given to both parties should be roughly the same. Other states take into account only equitability, meaning that the general overall value of the portions should be comparable.
In general, there are three things that you will be determined about the house during a divorce:
· Which spouse will receive the house following the divorce.
· What that spouse gives up in order for the property division to be equitable.
· Whether or not the house will be sold to a third party.
If you plan on keeping the house following the divorce, you will have to buy out the other spouse's share in the house. This usually involves taking out a new mortgage on the house. Other reality follows similar rules. If you cannot afford to take out a new mortgage on the property, it will most likely be sold to a third party.
If you or someone you love is going through a divorce and has questions about how this will affect the real estate, visit the San Jose divorce attorneys of the Law Office of Daniel Jensen today.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Before you make any decisions involving the division of real estate property, you need to carefully examine your financial situation both prior to the divorce, and after the divorce. Can you afford the property now? Will you be able to afford the property later? Is it practical for you to continue paying the expenses associated with owning a piece of real estate?
In addition to pragmatically evaluating your financial situation, you need to evaluate your emotional ties to the property. While it may be financially beneficial for you to retain possession of a particular piece of property, the painful memories associated with it may be too strong. It's impractical to think that the emotions associated with marital property don't exist.
The Law
The way you decide to divide any real estate property following your divorce is subject to the divorce laws in your particular state. Some states, such as California, believe that property division should be equal as well as equitable, meaning that the overall value of the property given to both parties should be roughly the same. Other states take into account only equitability, meaning that the general overall value of the portions should be comparable.
In general, there are three things that you will be determined about the house during a divorce:
· Which spouse will receive the house following the divorce.
· What that spouse gives up in order for the property division to be equitable.
· Whether or not the house will be sold to a third party.
If you plan on keeping the house following the divorce, you will have to buy out the other spouse's share in the house. This usually involves taking out a new mortgage on the house. Other reality follows similar rules. If you cannot afford to take out a new mortgage on the property, it will most likely be sold to a third party.
If you or someone you love is going through a divorce and has questions about how this will affect the real estate, visit the San Jose divorce attorneys of the Law Office of Daniel Jensen today.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Legal Aspects
A major pitfall for Commercial Real Estate Agents and Brokers when they first begin to list the property is that they inadvertently find themselves delving into aspects of law without the necessary deep experience.
Interpreting, creating, or even modifying leasing documents before a sale is the field of legal specialists and in particular the landlord's solicitor. You will be regularly involved in negotiating new leases and changes to documentation to prepare the property for sale; hence a good working relationship with that solicitor is important.
Some lease proposals and leases are easier to create and process than others. Be aware of all potential problems, and take the precaution of getting your office manager's approval on every lease proposal you negotiate. Take special care with retail tenancies as they are impacted by separate leasing legislation in most locations.
Never proceed to create a lease proposal or lease strategy unless you understand all the issues, and never alter any signed and final documentation. Follow these fundamental rules; you then are not likely to slip into any legal minefields.
1. Never rely on oral agreements. Put everything in writing.
2. Keep a log of all contacts with buyers, sellers, landlords and tenants. Record and date all information obtained from these sources.
3. Never permit your company's approved forms to pass from your control. If you give a blank proposal or lease to prospects, you run the risk that they may modify it or use it for some unauthorized activity. In such a case, your firm might be held legally liable for the consequences.
4. Choose your cooperating or conjunction agents carefully, and put all agreements with them in writing before you get involved with them.
5. Consult your manager whenever you find yourself in an ambiguous legal or ethical situation.
6. Remember that all written agreements must be signed by both parties to the agreement in order to be enforceable, and each signatory must receive a copy of the agreement.
7. Never alter a proposal without your manager's approval, and never change an original signed document without the full knowledge and consent of all the parties concerned. It is prudent practice to never change an original signed document, but to seek a fresh document as its replacement.
8. Never sign a document of any type on behalf of your client (the Landlord or property owner) without the absolute written and correct authority to so act. It is prudent practice to always get the client to sign any critical document such as a contract or lease. If the Landlord is a corporate structure (Company) it is likely that the ability to sign on behalf of your client is not an assignable matter anyway. Certain ability to sign in those circumstances is governed by common and corporations law.
Make sure you understand your Appointment to Act well and use it to its fullest advantage. Never step outside that authority to act and the duties it describes. Every property should be considered as unique. All of the items in the Leases and all the 'standard' conditions need to be tested against the particular circumstances of your client, your client's tenants, the property with its services, and the requirements of local and regulatory authorities. This is done before you move towards sale. This will ensure a tailor-made sale process and that the best marketing and negotiation processes are achieved.
Some Recommendations
* Sort out any tenancy situations or problems early in any sale listing appointment. This may require the assistance of the Landlord's legal advisor.
* Undertake your own 'Due Diligence' process of the seller's property. Start with the current title search. Also look at the lawfulness of existing uses and lease and search the Local Council and the Environmental control bodies.
* Workplace Health and Safety issues should also be looked at to ensure compliance to the current regulations, and if food handling is involved in any of the tenancies, inspections by the local health inspectors may be prudent.
* Do not rely on disclaimer clauses. If a document was entered into as a result of misleading conduct, the disclaimer clause will not help or protect you from any legal action.
* A disgruntled tenant will not only target the actual Landlord, but will most likely join the Selling Agent in any action as a third party.
* Poor tenant relations should be understood before the sale promotion starts as many a tenant has impacted a property sale and price. Buyers will usually talk to tenants about the property before they sign a contract.
John Highman is a prominent commercial real estate speaker and trainer. His other articles for commercial real estate agents and brokers can be accessed at http://www.commercial-realestate-training.com.
Article Source: http://EzineArticles.com/?expert=John_Highman
Interpreting, creating, or even modifying leasing documents before a sale is the field of legal specialists and in particular the landlord's solicitor. You will be regularly involved in negotiating new leases and changes to documentation to prepare the property for sale; hence a good working relationship with that solicitor is important.
Some lease proposals and leases are easier to create and process than others. Be aware of all potential problems, and take the precaution of getting your office manager's approval on every lease proposal you negotiate. Take special care with retail tenancies as they are impacted by separate leasing legislation in most locations.
Never proceed to create a lease proposal or lease strategy unless you understand all the issues, and never alter any signed and final documentation. Follow these fundamental rules; you then are not likely to slip into any legal minefields.
1. Never rely on oral agreements. Put everything in writing.
2. Keep a log of all contacts with buyers, sellers, landlords and tenants. Record and date all information obtained from these sources.
3. Never permit your company's approved forms to pass from your control. If you give a blank proposal or lease to prospects, you run the risk that they may modify it or use it for some unauthorized activity. In such a case, your firm might be held legally liable for the consequences.
4. Choose your cooperating or conjunction agents carefully, and put all agreements with them in writing before you get involved with them.
5. Consult your manager whenever you find yourself in an ambiguous legal or ethical situation.
6. Remember that all written agreements must be signed by both parties to the agreement in order to be enforceable, and each signatory must receive a copy of the agreement.
7. Never alter a proposal without your manager's approval, and never change an original signed document without the full knowledge and consent of all the parties concerned. It is prudent practice to never change an original signed document, but to seek a fresh document as its replacement.
8. Never sign a document of any type on behalf of your client (the Landlord or property owner) without the absolute written and correct authority to so act. It is prudent practice to always get the client to sign any critical document such as a contract or lease. If the Landlord is a corporate structure (Company) it is likely that the ability to sign on behalf of your client is not an assignable matter anyway. Certain ability to sign in those circumstances is governed by common and corporations law.
Make sure you understand your Appointment to Act well and use it to its fullest advantage. Never step outside that authority to act and the duties it describes. Every property should be considered as unique. All of the items in the Leases and all the 'standard' conditions need to be tested against the particular circumstances of your client, your client's tenants, the property with its services, and the requirements of local and regulatory authorities. This is done before you move towards sale. This will ensure a tailor-made sale process and that the best marketing and negotiation processes are achieved.
Some Recommendations
* Sort out any tenancy situations or problems early in any sale listing appointment. This may require the assistance of the Landlord's legal advisor.
* Undertake your own 'Due Diligence' process of the seller's property. Start with the current title search. Also look at the lawfulness of existing uses and lease and search the Local Council and the Environmental control bodies.
* Workplace Health and Safety issues should also be looked at to ensure compliance to the current regulations, and if food handling is involved in any of the tenancies, inspections by the local health inspectors may be prudent.
* Do not rely on disclaimer clauses. If a document was entered into as a result of misleading conduct, the disclaimer clause will not help or protect you from any legal action.
* A disgruntled tenant will not only target the actual Landlord, but will most likely join the Selling Agent in any action as a third party.
* Poor tenant relations should be understood before the sale promotion starts as many a tenant has impacted a property sale and price. Buyers will usually talk to tenants about the property before they sign a contract.
John Highman is a prominent commercial real estate speaker and trainer. His other articles for commercial real estate agents and brokers can be accessed at http://www.commercial-realestate-training.com.
Article Source: http://EzineArticles.com/?expert=John_Highman
Friday, February 19, 2010
Looking at TBI (Traumatic Brain Injury) Cases in Law
The TBI (traumatic brain injury) cases in law are some of the most devastating cases for the people who have been injured. The injury may have occurred due to an accident, a fall, sports injury, or even an fall or an assault the person has suffered. The survivors of these injuries are facing many years of rehabilitation that will cost a lot of money. Plus it may be something that they will need to have for the rest of their lives.
Quite often though many judges, insurance adjusters and juries will deny a person who has suffered this type of injury any compensation. People who have suffered from this type of injury are often not even taken seriously. Instead they will hear comments that will basically belittle the experience that they have gone through.
In most cases the brain injuries when they are first diagnosed will be classified as only mild. But it has been recently discovered that this may not be the case. The long term affects of such injuries can be something that will change through time. Getting possibly worse as the person ages and causing many more problems.
It is imperative that a survivor finds the right kind of injury lawyer to assist them in this type of case. You will need to find one that has experience in the area of traumatic brain injury previously. Especially if the original diagnosis was incorrect and considered only mild at the time.
There are many myths that have lead to the cases of many people being given no credit. Receiving no compensation or help for what they have faced, and are yet to face in their lives. So if you are a person who knows someone who has a personal traumatic brain injury, or has suffered one, contact the right lawyer.
A person does not need to be unconscious in order to have suffered from a brain injury. That is the number one myth about these types of injuries. Many people actually suffer an injury and have not lost consciousness at all. One great example is that of Phineas Gage, who suffered an injury from a bar going into his skull. He never once passed out from the injury but suffered many problems from the injury.
The second myth is that a person needs to be hit on the head in order to have a TBI. This again is something that is not true. Consider the instance of shaken baby syndrome, they are often not hit on the head. It is the severe whiplash that can lead to brain injury in many cases.
The third myth is that whiplash or even a concussion will not lead to anything long term. But again that is not something that is true. Many past football players and boxers who have suffered from concussions have suffered from serious long term problems and disabilities.
Another thing that is often said is that a person who complains of problems long term after a head injury are hypochondriacs. Yes you guessed it that is untrue yet again, in fact about fifteen percent of those people will actually have some sort of long term affects from the injuries they suffered. Ranging from intellectual to emotional, and personality problems.
Finally the myth that there is no proof that a mild brain injury can lead to long term problems. In fact there have been many studies that have shown that they do cause long term disabilities in some cases.
Injury lawyers in Toronto that will help your case with integrity. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, personal TBI or a slip and fall injury, Diamond and Diamond can help you.
Article Source: http://EzineArticles.com/?expert=Adriana_A_Noton
Quite often though many judges, insurance adjusters and juries will deny a person who has suffered this type of injury any compensation. People who have suffered from this type of injury are often not even taken seriously. Instead they will hear comments that will basically belittle the experience that they have gone through.
In most cases the brain injuries when they are first diagnosed will be classified as only mild. But it has been recently discovered that this may not be the case. The long term affects of such injuries can be something that will change through time. Getting possibly worse as the person ages and causing many more problems.
It is imperative that a survivor finds the right kind of injury lawyer to assist them in this type of case. You will need to find one that has experience in the area of traumatic brain injury previously. Especially if the original diagnosis was incorrect and considered only mild at the time.
There are many myths that have lead to the cases of many people being given no credit. Receiving no compensation or help for what they have faced, and are yet to face in their lives. So if you are a person who knows someone who has a personal traumatic brain injury, or has suffered one, contact the right lawyer.
A person does not need to be unconscious in order to have suffered from a brain injury. That is the number one myth about these types of injuries. Many people actually suffer an injury and have not lost consciousness at all. One great example is that of Phineas Gage, who suffered an injury from a bar going into his skull. He never once passed out from the injury but suffered many problems from the injury.
The second myth is that a person needs to be hit on the head in order to have a TBI. This again is something that is not true. Consider the instance of shaken baby syndrome, they are often not hit on the head. It is the severe whiplash that can lead to brain injury in many cases.
The third myth is that whiplash or even a concussion will not lead to anything long term. But again that is not something that is true. Many past football players and boxers who have suffered from concussions have suffered from serious long term problems and disabilities.
Another thing that is often said is that a person who complains of problems long term after a head injury are hypochondriacs. Yes you guessed it that is untrue yet again, in fact about fifteen percent of those people will actually have some sort of long term affects from the injuries they suffered. Ranging from intellectual to emotional, and personality problems.
Finally the myth that there is no proof that a mild brain injury can lead to long term problems. In fact there have been many studies that have shown that they do cause long term disabilities in some cases.
Injury lawyers in Toronto that will help your case with integrity. Whether it is a medical malpractice, nursing home abuse, dog bites, work-related injuries, car accidents, personal TBI or a slip and fall injury, Diamond and Diamond can help you.
Article Source: http://EzineArticles.com/?expert=Adriana_A_Noton
Motorcycle Injury Accidents and How to Choose a Lawyer
The popularity of riding a motorcycle has grown within the last several years. We are all starting to see more and more motorcycles on the road. These motorcycles include, touring bikes, sports motorcycles and custom bikes. If you decide to purchase a motorcycle and cruise down the "open road" it is important to obtain the proper personal safety equipment and keep your bike in proper working order. It is further important to operate your motorcycle within the confines of your riding experience and the type of bike you are operating.
Proper personal safety equipment includes but is not limited to a D.O.T. approved safety helmet, proper leather footwear that covers the ankle with non-skid soles, chest protector, riding gloves and shatterproof eyewear. Before, you take that first spin on your bike, be sure to be well familiar with the working parts of your bike and familiar with all the safety devices thereon. Foremost, it is important to be an experienced rider and find a motorcycle that fits your size and stature. A lack of experience is the number one cause of most motorcycle accidents and bike injury accidents. A vast number of these accidents caused by non-experience are single vehicle accidents. In other words the operator of the motorcycle fails to negotiate a turn or fails to properly apply the breaks.
Additionally, it is important not to go past your comfort zone as to where you ride your bike and how you ride your motorcycle. Some motorcycle accidents occur due to riders jumping out on a busy highway when they have never highway ridden before. An operator of a bike should practice riding in different environments, when traffic is light, to gain a comfort level with different conditions. Remember practice makes perfect. Also, don't operate your motorcycle beyond the limits of your bike. Such operation is dangerous not only to you but also to any passenger on your bike and to other motorist on the roads.
Should an rider be involved in an accident caused by the fault or negligence of the operator of another vehicle, whether it be a car, truck or other motorcycle, you will need to retain the services of legal counsel who is well experienced in motorcycle accidents and personal injury accident law. What you will find in most law firms is that the lawyer handling your motorcycle accident case does not own a bike and has little to no experience riding a bike. An attorney who has vast motorcycling experience will know the issues that you as a motorcycle operator face while riding on the open road. Motorcycle accidents require the guidance of an experienced attorney, not a lawyer who has never operated a bike. The costs incurred due to a motorcycle accident, such as lost wages and medical bills can be enormous. An experienced motorcycle accident lawyer should and will work with physicians and other health care providers to assess and review all the short and long-term medical aspects of your case.
An experienced attorney should also have an expert understanding of the laws of the state where the motorcycle injury accident occurs along with an understanding of motor vehicle insurance and liability laws. With this understanding an experienced motorcycle accident lawyer will be well familiar with the sources of recovery available to motorcycle accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm. If you have been involved in a motorcycle accident you may be entitled to repair or replacement of your bike, loss of wages, future loss of wages, the cost of your medical billing and compensation for your pain and suffering and emotional distress.
This article has been written by Oklahoma Lawyer Don Bolt on behalf http://www.oklegalhelp.com, which serves the needs of all motorcycle accident victims across the state of Oklahoma. Attorney Don Bolt practices in the areas of: Personal injury, car accidents, truck accidents, motorcycle accidents, insurance disputes, nursing home abuse, defective dangerous products and medical malpractice.
Article Source: http://EzineArticles.com/?expert=Don_Bolt
Proper personal safety equipment includes but is not limited to a D.O.T. approved safety helmet, proper leather footwear that covers the ankle with non-skid soles, chest protector, riding gloves and shatterproof eyewear. Before, you take that first spin on your bike, be sure to be well familiar with the working parts of your bike and familiar with all the safety devices thereon. Foremost, it is important to be an experienced rider and find a motorcycle that fits your size and stature. A lack of experience is the number one cause of most motorcycle accidents and bike injury accidents. A vast number of these accidents caused by non-experience are single vehicle accidents. In other words the operator of the motorcycle fails to negotiate a turn or fails to properly apply the breaks.
Additionally, it is important not to go past your comfort zone as to where you ride your bike and how you ride your motorcycle. Some motorcycle accidents occur due to riders jumping out on a busy highway when they have never highway ridden before. An operator of a bike should practice riding in different environments, when traffic is light, to gain a comfort level with different conditions. Remember practice makes perfect. Also, don't operate your motorcycle beyond the limits of your bike. Such operation is dangerous not only to you but also to any passenger on your bike and to other motorist on the roads.
Should an rider be involved in an accident caused by the fault or negligence of the operator of another vehicle, whether it be a car, truck or other motorcycle, you will need to retain the services of legal counsel who is well experienced in motorcycle accidents and personal injury accident law. What you will find in most law firms is that the lawyer handling your motorcycle accident case does not own a bike and has little to no experience riding a bike. An attorney who has vast motorcycling experience will know the issues that you as a motorcycle operator face while riding on the open road. Motorcycle accidents require the guidance of an experienced attorney, not a lawyer who has never operated a bike. The costs incurred due to a motorcycle accident, such as lost wages and medical bills can be enormous. An experienced motorcycle accident lawyer should and will work with physicians and other health care providers to assess and review all the short and long-term medical aspects of your case.
An experienced attorney should also have an expert understanding of the laws of the state where the motorcycle injury accident occurs along with an understanding of motor vehicle insurance and liability laws. With this understanding an experienced motorcycle accident lawyer will be well familiar with the sources of recovery available to motorcycle accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm. If you have been involved in a motorcycle accident you may be entitled to repair or replacement of your bike, loss of wages, future loss of wages, the cost of your medical billing and compensation for your pain and suffering and emotional distress.
This article has been written by Oklahoma Lawyer Don Bolt on behalf http://www.oklegalhelp.com, which serves the needs of all motorcycle accident victims across the state of Oklahoma. Attorney Don Bolt practices in the areas of: Personal injury, car accidents, truck accidents, motorcycle accidents, insurance disputes, nursing home abuse, defective dangerous products and medical malpractice.
Article Source: http://EzineArticles.com/?expert=Don_Bolt
Thursday, February 18, 2010
Filing a Patent - As Easy As Saying ABC
When you are filing a patent, the best approach is to cover the widest possible market area. In 1970, the Patent Cooperation Treaty was a way to protect inventions in all of its contracting states. This can be done with a single application in the language of the applicant's home country. At the present time, there are 142 contracting states that are members. This includes all industrial nations excluding Argentina and Taiwan.
There is no such thing as a multinational patent, but by obtaining this patent recognition with the PCT organization, your invention can be covered in all participating countries. To approve or deny your patent application is the prerogative of each member state.
The first step in applying is to file your international application with an authorized receiving office. After the application is on file, a translated version to other languages may be requested in the international patent search about your invention. One of the requirements to file an application is that the inventor must be a resident of one of the participating member states and use the receiving office in their country. If preferred, any citizen of a member state can also file an application in the general receiving office at the International Bureau in Geneva, Switzerland.
After 1 and 1/2 years from the filing date, the international application is published by the International Bureau at the WIPO in one of the ten basic languages which include Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian, and Spanish. 2 and 1/2 years after the filing, the international phase ends and the national and regional phase begins for acceptance. This is when the filing a patent can finally be accepted by the member states.
Having a hard time searching on How to Patent A Product? The long wait is over and we'll give all that you want to know. Visit How to Patent A Product, we'll give you FAQ'S, and ideas of this.
Article Source: http://EzineArticles.com/?expert=Henry_Timmons
There is no such thing as a multinational patent, but by obtaining this patent recognition with the PCT organization, your invention can be covered in all participating countries. To approve or deny your patent application is the prerogative of each member state.
The first step in applying is to file your international application with an authorized receiving office. After the application is on file, a translated version to other languages may be requested in the international patent search about your invention. One of the requirements to file an application is that the inventor must be a resident of one of the participating member states and use the receiving office in their country. If preferred, any citizen of a member state can also file an application in the general receiving office at the International Bureau in Geneva, Switzerland.
After 1 and 1/2 years from the filing date, the international application is published by the International Bureau at the WIPO in one of the ten basic languages which include Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian, and Spanish. 2 and 1/2 years after the filing, the international phase ends and the national and regional phase begins for acceptance. This is when the filing a patent can finally be accepted by the member states.
Having a hard time searching on How to Patent A Product? The long wait is over and we'll give all that you want to know. Visit How to Patent A Product, we'll give you FAQ'S, and ideas of this.
Article Source: http://EzineArticles.com/?expert=Henry_Timmons
The Importance of Patents
Imagine a world without patents. There would be little reason for scientists and engineers to pursue new inventions if they were all aware that their new product, medicine or formula would immediately be swept up and copied the second that it hit the market. And even if they did not care about the money that would be lost if there was no way for them to lay legal claim to their product, they would likely still be disheartened by the fact that they would not be able to get credit for an invention that took countless hours away from their lives to invent.
Technically, a patent is "a set of exclusive rights granted by a state or national government to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention." Some form of the patent exists in most countries but the laws vary greatly. But there are certain things that all inventions must meet in order to receive a patent. These requirements are that the invention must be:
• New-the invention must be completely unique. If a similar thing has been created at some point in the past, then the invention must show a marked improvement on the original invention that makes it basically a different product.
• Inventive-it can not be something obvious. It should be evident that a decent amount of work went into developing the product.
• Useful-there must be some special use that makes the product unique and worth marketing to the public. Patents are meant for useful inventions not just every random thing that has never been created before.
• Industrially applicable-it must be an invention that will benefit and relate to a certain industry. It must be demonstrated or explained when applying for a patent how the invention would fit within the industry it will be marketed towards.
The Different Types of Patents
There are hundreds of different types of patents. Each different kind usually differs based on the what subject the patent entails or what industry it will be used for. A few examples of some of the most common patents include:
• Biological patents
• Business method patents
• Chemical patents
• Software patents
To find out more about patents and your rights if someone steals your patented idea, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Technically, a patent is "a set of exclusive rights granted by a state or national government to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention." Some form of the patent exists in most countries but the laws vary greatly. But there are certain things that all inventions must meet in order to receive a patent. These requirements are that the invention must be:
• New-the invention must be completely unique. If a similar thing has been created at some point in the past, then the invention must show a marked improvement on the original invention that makes it basically a different product.
• Inventive-it can not be something obvious. It should be evident that a decent amount of work went into developing the product.
• Useful-there must be some special use that makes the product unique and worth marketing to the public. Patents are meant for useful inventions not just every random thing that has never been created before.
• Industrially applicable-it must be an invention that will benefit and relate to a certain industry. It must be demonstrated or explained when applying for a patent how the invention would fit within the industry it will be marketed towards.
The Different Types of Patents
There are hundreds of different types of patents. Each different kind usually differs based on the what subject the patent entails or what industry it will be used for. A few examples of some of the most common patents include:
• Biological patents
• Business method patents
• Chemical patents
• Software patents
To find out more about patents and your rights if someone steals your patented idea, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Wednesday, February 17, 2010
Background Check by Social Security Number - Using SSN to Conduct Background Check on People
Have you ever thought of using SSN to conduct your investigation and verification of credentials on someone?
That's right; you can actually perform the verification of credentials or background check by social security number. This kind of investigation is actually one of the most accurate ways of checking on the history of job applicants; as well as on your new business partners because the results generated from this lookup is highly specific to the exact individual that you want to investigate on.
Unlike using the full names of people wherein you may sometimes be given with various results on different individuals having the same names; in this case, you are assured that the results is precisely the concerned person because of the fact that there is only individual being assigned with the unique SSN.
You have two major options for your background check by social security number; the first option is to visit the social security office and file your request for the information that you want. The details may be given to you once you have complied with the standard operating procedures; and you have met the requirements.
The next option is to use third party services that provide online facilities where you can simply do the investigation on people online using their SSN. This offers utmost convenience for you; and you can also get the results instantly after just few minutes of initiating the procedures. In fact, you can even perform the background check by social security number right in front of the individual while conducting the interview process; and use the information to ask relevant questions on the personal side of the applicants in order to make things clearly once and for all.
Hence, if you want to get instant results and become efficient in your investigation; the best way to do that is to use the online services of independent companies because this offers one of the most cost-effective methods of performing the background check by social security number.
Start running your own search now at Social Security Search and instantly get your desired information today; right at the comforts and convenience of your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
That's right; you can actually perform the verification of credentials or background check by social security number. This kind of investigation is actually one of the most accurate ways of checking on the history of job applicants; as well as on your new business partners because the results generated from this lookup is highly specific to the exact individual that you want to investigate on.
Unlike using the full names of people wherein you may sometimes be given with various results on different individuals having the same names; in this case, you are assured that the results is precisely the concerned person because of the fact that there is only individual being assigned with the unique SSN.
You have two major options for your background check by social security number; the first option is to visit the social security office and file your request for the information that you want. The details may be given to you once you have complied with the standard operating procedures; and you have met the requirements.
The next option is to use third party services that provide online facilities where you can simply do the investigation on people online using their SSN. This offers utmost convenience for you; and you can also get the results instantly after just few minutes of initiating the procedures. In fact, you can even perform the background check by social security number right in front of the individual while conducting the interview process; and use the information to ask relevant questions on the personal side of the applicants in order to make things clearly once and for all.
Hence, if you want to get instant results and become efficient in your investigation; the best way to do that is to use the online services of independent companies because this offers one of the most cost-effective methods of performing the background check by social security number.
Start running your own search now at Social Security Search and instantly get your desired information today; right at the comforts and convenience of your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
CMADRESS - One Year Old and Going Strong
Background and history
Attorneys in Santa Barbara have by now, after more than a year of operation, become readily familiar with the name of the new CADRe program, CMADRESS (Case Management Alternative Dispute Resolution Early Settlement Session). This program was spearheaded by Judge J. William McLafferty and the ADR Committee of the Santa Barbara Court. After many months of planning and successful application for funding from the Administrative Office of the Courts in Sacramento, the CMADRESS program can now be considered a success after its first full year.
The administration of the CMADRESS program by the court was delegated to the CADRe office. Many facilitators who already qualified as CADRe neutrals volunteered to participate for assignment in the CMADRESS program. Therefore, not all CADRe neutrals receive CMADRESS assignments. The assignments are handled by the CADRe director.
Report card after one year running
Meetings were recently conducted seeking feedback in response to the CMADRESS program from the local bar and participating facilitators. The overall consensus of opinion was favorable for the CMADRESS program. Current funding from the grant has been able to sustain the program. One new change created was to extend the amount of time to complete the CMADRESS from 45 days to 60 days after assignment of the neutral. This will allow all sides to become better prepared for the session and will also accommodate some scheduling obstacles. Also, if additional time is needed beyond this 60 day period, it will now be the responsibility of the parties to obtain permission to conduct the CMADRESS beyond this deadline. Formerly, it was the responsibility of the assigned facilitator to obtain additional time to conduct the CMADRESS.
The CADRe website maintains statistics on all the CMADRESS case assignments. This includes, among many other items, the number of cases that have been assigned to CMADRESS for both North and South County, the number that have been completed, the number that have segued into mediation subsequent to the Early Settlement Session and reached agreement and those that have also segued into mediation subsequent to the Early Settlement Session but have ended in no agreement. These statistics are regularly updated.
The statistics speak to the success of the CMADRESS program for both the North and South County. More cases have been referred to the CMADRESS program in the South County giving it a numerical, statistical advantage. However, review of the statistics for both locations shows that during the course of one year, more and more cases are resolving by way of the CMADRESS program.
Your new case and CMADRESS
Assignment to CMADRESS begins at a Case Management Conference of any civil case. CMADRESS is used for all civil litigation cases determined by the court to have a value in excess of $50,000.00. CMADRESS is not used with family law matters. At the time of the CMC when the case is ordered to CMADRESS, the parties can also expect that the court will set a Mandatory Settlement Conference date as well as a corresponding Trial date.
Once ordered to CMADRESS, all sides must move promptly to contact the CADRe office within a specific time frame (10 days) for assignment of a neutral. The deadline imposed by the court to complete the CMADRESS session is now 60 days from assignment of the neutral and this change should be reflected in all future Case Management orders. Similar to the CADRe Limited Mediation assignment, once a facilitator is assigned to the CMADRESS case, the parties and attorneys must initiate contact with the facilitator to schedule a session. When the scheduling is arranged within the time line allowed by the court, the parties must notify the CADRe office of the date, time and place of the session.
In attempting to schedule the CMADRESS session, if the parties and/or attorneys find they are unable to conduct the session within the court's 60 day deadline, a request for an extension of time can be made. This request must explain briefly the reason for the delay and the need for more time. Approval is obtained from the Settlement Conference judge only, not the trial assigned judge. This rule applies to cases in the North as well as South County. The request should also specify the exact quantity of additional time by advising the court of the future CMADRESS session date. The extension of time to complete CMADRESS does not apply to the MSC or Trial date. Those will remain unchanged if the court approves the request for an extension of time to conduct a CMADRESS session. Continuances of the MSC and/or Trial Dates must be directed to the assigned Trial Judge and should be joined in by the assigned neutral.
Participating in the CMADRESS
Conducting the CMADRESS for all intents and purposes is the same or similar to that of any Mandatory Settlement Conference or Mediation. The necessary parties with full settlement authority are required to attend. Telephonic appearances will not be allowed. The designated Trial attorney for each side is also required to attend the CMADRESS. All sides are encouraged to submit briefs to the facilitator so to better understand the facts of the case.
During the CMADRESS, the facilitator will discuss with all sides CMADRESS, the ADR process and alternative ADR methods available. This will include costs of discovery for alternative ADR methods as well as costs of discovery for Trial and eventual Trial costs. The facilitator is paid by the court for the three hour CMADRESS session. Thereafter, if the parties and attorneys agree to use an alternate ADR method enlisting the services of the assigned facilitator, payment to this neutral becomes the responsibility of the litigants. The parties and/or attorneys are also entitled to arrange for someone other than the assigned CMADRESS facilitator should they intend to pursue other alternate ADR methods in lieu of or in addition to the CMADRESS session. In the event of either of those two options, a stipulation on the CADRe form must be fully completed, signed and submitted to the CADRe office for approval by the Court and filing, and the parties will be responsible for the facilitator's fees.
At the conclusion of the CMADRESS session, the facilitator serves and files a CMADRESS report with the court listing those in attendance, whether any future ADR is being considered, if any extensions of time will be necessary, and if the topics of ADR and Trial including discovery and costs of litigation were discussed. The parties and/or attorneys are requested to complete a CMADRESS evaluation of the neutral to be returned to the CADRe office.
Conclusion
In summary, after one year, the CMADRESS program hit the ground running and has performed successfully, in many cases, beyond the expectations of the local bar and the court. There is ongoing fine tuning to be made by the ADR committee of the Superior Court. This can only be done with future public bar input. It is the hope of the ADR committee that the current success of the program will result in future funding from the AOC in Sacramento for this court and, perhaps, other Courts in California, as this is a pilot program for all of the State Courts.
By Paul Bielaczyc
Paul Bielaczyc is an Attorney, an Arbitrator and a Mediator focusing his ADR efforts on all areas of general civil litigation. He is an approved panelist for the Santa Barbara, San Luis Obispo and Ventura Superior Court Mediation programs. You may call Tri-County Mediation at (805) 565-8725 for more information or to view the profile of Mr. Bielaczyc, go on-line to http://www.tricomediate.com or by going to the Santa Barbara County Superior Court CADRe website at http://www.sbcadre.org/bielaczyc.htm.
Article Source: http://EzineArticles.com/?expert=Paul_Bielaczyc
Attorneys in Santa Barbara have by now, after more than a year of operation, become readily familiar with the name of the new CADRe program, CMADRESS (Case Management Alternative Dispute Resolution Early Settlement Session). This program was spearheaded by Judge J. William McLafferty and the ADR Committee of the Santa Barbara Court. After many months of planning and successful application for funding from the Administrative Office of the Courts in Sacramento, the CMADRESS program can now be considered a success after its first full year.
The administration of the CMADRESS program by the court was delegated to the CADRe office. Many facilitators who already qualified as CADRe neutrals volunteered to participate for assignment in the CMADRESS program. Therefore, not all CADRe neutrals receive CMADRESS assignments. The assignments are handled by the CADRe director.
Report card after one year running
Meetings were recently conducted seeking feedback in response to the CMADRESS program from the local bar and participating facilitators. The overall consensus of opinion was favorable for the CMADRESS program. Current funding from the grant has been able to sustain the program. One new change created was to extend the amount of time to complete the CMADRESS from 45 days to 60 days after assignment of the neutral. This will allow all sides to become better prepared for the session and will also accommodate some scheduling obstacles. Also, if additional time is needed beyond this 60 day period, it will now be the responsibility of the parties to obtain permission to conduct the CMADRESS beyond this deadline. Formerly, it was the responsibility of the assigned facilitator to obtain additional time to conduct the CMADRESS.
The CADRe website maintains statistics on all the CMADRESS case assignments. This includes, among many other items, the number of cases that have been assigned to CMADRESS for both North and South County, the number that have been completed, the number that have segued into mediation subsequent to the Early Settlement Session and reached agreement and those that have also segued into mediation subsequent to the Early Settlement Session but have ended in no agreement. These statistics are regularly updated.
The statistics speak to the success of the CMADRESS program for both the North and South County. More cases have been referred to the CMADRESS program in the South County giving it a numerical, statistical advantage. However, review of the statistics for both locations shows that during the course of one year, more and more cases are resolving by way of the CMADRESS program.
Your new case and CMADRESS
Assignment to CMADRESS begins at a Case Management Conference of any civil case. CMADRESS is used for all civil litigation cases determined by the court to have a value in excess of $50,000.00. CMADRESS is not used with family law matters. At the time of the CMC when the case is ordered to CMADRESS, the parties can also expect that the court will set a Mandatory Settlement Conference date as well as a corresponding Trial date.
Once ordered to CMADRESS, all sides must move promptly to contact the CADRe office within a specific time frame (10 days) for assignment of a neutral. The deadline imposed by the court to complete the CMADRESS session is now 60 days from assignment of the neutral and this change should be reflected in all future Case Management orders. Similar to the CADRe Limited Mediation assignment, once a facilitator is assigned to the CMADRESS case, the parties and attorneys must initiate contact with the facilitator to schedule a session. When the scheduling is arranged within the time line allowed by the court, the parties must notify the CADRe office of the date, time and place of the session.
In attempting to schedule the CMADRESS session, if the parties and/or attorneys find they are unable to conduct the session within the court's 60 day deadline, a request for an extension of time can be made. This request must explain briefly the reason for the delay and the need for more time. Approval is obtained from the Settlement Conference judge only, not the trial assigned judge. This rule applies to cases in the North as well as South County. The request should also specify the exact quantity of additional time by advising the court of the future CMADRESS session date. The extension of time to complete CMADRESS does not apply to the MSC or Trial date. Those will remain unchanged if the court approves the request for an extension of time to conduct a CMADRESS session. Continuances of the MSC and/or Trial Dates must be directed to the assigned Trial Judge and should be joined in by the assigned neutral.
Participating in the CMADRESS
Conducting the CMADRESS for all intents and purposes is the same or similar to that of any Mandatory Settlement Conference or Mediation. The necessary parties with full settlement authority are required to attend. Telephonic appearances will not be allowed. The designated Trial attorney for each side is also required to attend the CMADRESS. All sides are encouraged to submit briefs to the facilitator so to better understand the facts of the case.
During the CMADRESS, the facilitator will discuss with all sides CMADRESS, the ADR process and alternative ADR methods available. This will include costs of discovery for alternative ADR methods as well as costs of discovery for Trial and eventual Trial costs. The facilitator is paid by the court for the three hour CMADRESS session. Thereafter, if the parties and attorneys agree to use an alternate ADR method enlisting the services of the assigned facilitator, payment to this neutral becomes the responsibility of the litigants. The parties and/or attorneys are also entitled to arrange for someone other than the assigned CMADRESS facilitator should they intend to pursue other alternate ADR methods in lieu of or in addition to the CMADRESS session. In the event of either of those two options, a stipulation on the CADRe form must be fully completed, signed and submitted to the CADRe office for approval by the Court and filing, and the parties will be responsible for the facilitator's fees.
At the conclusion of the CMADRESS session, the facilitator serves and files a CMADRESS report with the court listing those in attendance, whether any future ADR is being considered, if any extensions of time will be necessary, and if the topics of ADR and Trial including discovery and costs of litigation were discussed. The parties and/or attorneys are requested to complete a CMADRESS evaluation of the neutral to be returned to the CADRe office.
Conclusion
In summary, after one year, the CMADRESS program hit the ground running and has performed successfully, in many cases, beyond the expectations of the local bar and the court. There is ongoing fine tuning to be made by the ADR committee of the Superior Court. This can only be done with future public bar input. It is the hope of the ADR committee that the current success of the program will result in future funding from the AOC in Sacramento for this court and, perhaps, other Courts in California, as this is a pilot program for all of the State Courts.
By Paul Bielaczyc
Paul Bielaczyc is an Attorney, an Arbitrator and a Mediator focusing his ADR efforts on all areas of general civil litigation. He is an approved panelist for the Santa Barbara, San Luis Obispo and Ventura Superior Court Mediation programs. You may call Tri-County Mediation at (805) 565-8725 for more information or to view the profile of Mr. Bielaczyc, go on-line to http://www.tricomediate.com or by going to the Santa Barbara County Superior Court CADRe website at http://www.sbcadre.org/bielaczyc.htm.
Article Source: http://EzineArticles.com/?expert=Paul_Bielaczyc
Monday, February 15, 2010
Background Checks on People - Important Safety Measures to Protect Your Family and Children
Devoid of the information gained from background checks on people, you will have no idea what imminent danger that you, your spouse and children are facing. Consequently, when you find yourself got involved in tragic events initiated by lawless elements, you shall realize later on that such incidents could have been prevented by avoiding certain individuals if you had only known their personal history.
You can prevent such scenario from happening to you in the future by conducting background checks on people on various instances in life; such as prior to hiring new employees and casual workers, on your new neighbours and office associates, on new business partners, and on your babysitter or nanny among many others.
Now take these test questions:
Would you still hire an applicant to your business even if you know that the person has bad records in the past like theft?
Are you still going to hire or keep the nanny of your children even if you found out that the person has undesirable history of child abuse?
Would you still allow your teenage daughters to regularly visit your new neighbour despite of the fact that you were able to uncover that there is an individual living in their house that has history of attempted rape?
If your answers are 'no way' to all of the questions above, then you definitely need to perform background checks on people on various instances deemed necessary.
There are several options on how to conduct the procedures, but I highly recommend the most practical way; and that is to use the online services of several independent companies. This will only cost you less than $47; but this is already nominal enough to ensure the safety of your family.
Start running your own search now at Background Report Online and instantly get your desired information today; right at the comforts and convenience in your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
You can prevent such scenario from happening to you in the future by conducting background checks on people on various instances in life; such as prior to hiring new employees and casual workers, on your new neighbours and office associates, on new business partners, and on your babysitter or nanny among many others.
Now take these test questions:
Would you still hire an applicant to your business even if you know that the person has bad records in the past like theft?
Are you still going to hire or keep the nanny of your children even if you found out that the person has undesirable history of child abuse?
Would you still allow your teenage daughters to regularly visit your new neighbour despite of the fact that you were able to uncover that there is an individual living in their house that has history of attempted rape?
If your answers are 'no way' to all of the questions above, then you definitely need to perform background checks on people on various instances deemed necessary.
There are several options on how to conduct the procedures, but I highly recommend the most practical way; and that is to use the online services of several independent companies. This will only cost you less than $47; but this is already nominal enough to ensure the safety of your family.
Start running your own search now at Background Report Online and instantly get your desired information today; right at the comforts and convenience in your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
Arrest Records Search - Important Tips on Public Records of Arrests
If you are planning to have access on Texas arrest records then one of the best places to go is the Crime Records Service Division of the Department of Public Safety of Texas. This is the official repository of criminal files in this region; and the information is freely accessible to anyone as part of their public services to the people.
Among the files included in this archive are warrants of arrests, criminal history, and felony charges among many others. All these information belong to public files where any individual can access; however, there are some personal are categorized as non-public where only authorized persons can retrieve.
Texas is one of the heavily populated States in the whole country; ranking next to California, with an estimated population of more than 20 million people. What is more important to note is that this is also one of the top ten areas where crime rate is very high. Consequently, there are growing demands for conducting background check on people using Texas arrest records; especially on instances like pre-employment screening of job applicants and casual workers, new business partners, and on nannies of children among many others.
The information that you will get from your investigation can have tremendous effects on your safety and protection of your business interests and family. That is why prior to venturing into new business, or hiring new workers and nannies, it is imperative and highly recommended that you should perform the aforesaid procedures for your own well being.
If you are hesitant to conduct the process because it will take a lot of your time and efforts; you do not have to worry about that because today there are several services offered online that allows you to perform your own investigation using their facilities. This is more convenient and cost effective method; and it is one of the safety measures that you must enforce to protect yourself and your family.
Start running your own search now at Public Police Records and instantly get your desired information today; right at the comforts and convenience of your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
Among the files included in this archive are warrants of arrests, criminal history, and felony charges among many others. All these information belong to public files where any individual can access; however, there are some personal are categorized as non-public where only authorized persons can retrieve.
Texas is one of the heavily populated States in the whole country; ranking next to California, with an estimated population of more than 20 million people. What is more important to note is that this is also one of the top ten areas where crime rate is very high. Consequently, there are growing demands for conducting background check on people using Texas arrest records; especially on instances like pre-employment screening of job applicants and casual workers, new business partners, and on nannies of children among many others.
The information that you will get from your investigation can have tremendous effects on your safety and protection of your business interests and family. That is why prior to venturing into new business, or hiring new workers and nannies, it is imperative and highly recommended that you should perform the aforesaid procedures for your own well being.
If you are hesitant to conduct the process because it will take a lot of your time and efforts; you do not have to worry about that because today there are several services offered online that allows you to perform your own investigation using their facilities. This is more convenient and cost effective method; and it is one of the safety measures that you must enforce to protect yourself and your family.
Start running your own search now at Public Police Records and instantly get your desired information today; right at the comforts and convenience of your home or office.
Article Source: http://EzineArticles.com/?expert=Paul_Andrew_Michaels
Sunday, February 14, 2010
Mouth Nerve Damage
There are very few people who actually enjoy going to the dentist. The thought of metal instruments scraping teeth, drills, and oral injections is enough to make a lot of individuals cringe. Still, regular visits to the dentist are important for maintaining oral cleanliness and health. Sometimes situations arise where a person may need to receive an injection to numb part of their mouth so a particularly procedure can be done with minimal discomfort. Other times, a more serious issue may be present and a person may need to have a tooth removed completely. Both of these procedures pose a potentially serious threat: nerve damage.
The two nerves that are most likely to be damaged by dental and orthodontic work are the lingual nerve and inferior alveolar nerve. Injury to the lingual nerve can cause pain - which can manifest itself in any combination of burning, dull, or achy forms - in the tongue or inside of the cheeks. This sort of damage is often caused by an anesthetic injection (which is sometimes accidently injected directly into a major nerve trunk) or tooth removal. Inferior alveolar nerve damage can cause loss of sensation or pain in the chin, lower lip, or jaw and can also be caused by tooth extraction.
Many nerve injuries caused by dental procedures can be resolved. Nerves can sometimes heal themselves if given adequate time. In other situations, surgery may be necessary to repair damaged nerves and regain lost feeling or cure persistent pain. If you are suffering from the symptoms of nerve damage It is important that you determine the best course of medical action to make as full a recovery as possible. If you wait too long to act, it may become more difficult (or even impossible) to make nerve repairs.
While there is some risk for nerve damage even under ideal circumstances, negligent actions can unnecessarily increase this risk. Unnecessary or overly aggressive procedures, poorly placed crowns, failure to notice complications, and surgical mistakes can all lead to the discomfort associate with nerve damage. These sorts of oversights could mean that a patient has a legitimate chance of receiving compensation through a medical malpractice lawsuit. A legal professional can help you determine the details of your situation and explore the possibility of a settlement.
For more information about mouth nerve damage leading to medical malpractice suits, visit the website of Philadelphia medical malpractice lawyers Lowenthal & Abrams, P.C.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
The two nerves that are most likely to be damaged by dental and orthodontic work are the lingual nerve and inferior alveolar nerve. Injury to the lingual nerve can cause pain - which can manifest itself in any combination of burning, dull, or achy forms - in the tongue or inside of the cheeks. This sort of damage is often caused by an anesthetic injection (which is sometimes accidently injected directly into a major nerve trunk) or tooth removal. Inferior alveolar nerve damage can cause loss of sensation or pain in the chin, lower lip, or jaw and can also be caused by tooth extraction.
Many nerve injuries caused by dental procedures can be resolved. Nerves can sometimes heal themselves if given adequate time. In other situations, surgery may be necessary to repair damaged nerves and regain lost feeling or cure persistent pain. If you are suffering from the symptoms of nerve damage It is important that you determine the best course of medical action to make as full a recovery as possible. If you wait too long to act, it may become more difficult (or even impossible) to make nerve repairs.
While there is some risk for nerve damage even under ideal circumstances, negligent actions can unnecessarily increase this risk. Unnecessary or overly aggressive procedures, poorly placed crowns, failure to notice complications, and surgical mistakes can all lead to the discomfort associate with nerve damage. These sorts of oversights could mean that a patient has a legitimate chance of receiving compensation through a medical malpractice lawsuit. A legal professional can help you determine the details of your situation and explore the possibility of a settlement.
For more information about mouth nerve damage leading to medical malpractice suits, visit the website of Philadelphia medical malpractice lawyers Lowenthal & Abrams, P.C.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Emergency Room Negligence
Negligence in Emergency Rooms
While most minor illnesses or injuries can be treated at home or can be dealt with during non-emergency medical appointments, individuals who are suffering from serious illness or severe injuries may be forced to visit an emergency room for urgent care. Persons have a reasonable expectation of attention and treatment when they go to the emergency room, and failure on the part of hospital administrators, doctors, or staff members may result in intensified health problems or even death.
Hospital administrators have a responsibility to properly hire and staff their emergency rooms to be able to handle busy times and the demands of a hectic office. In many cases, ER workers may be forced to deal with busy evenings and patients who need urgent care. If administrators fail to properly screen employees, hire experienced workers, or provide adequate training for all employees, patients may suffer as a result. In addition, emergency rooms should be properly staffed to handle the influx of patients, day and night.
Administrative staff members are a vital part of the ER team. It is important for staff members to be trained to handle emergency situations, as well as to keep track of patients waiting for care. Forgetting about a patient or failing to notify a doctor about a severely injured patient may result in further injury or illness to the individual in question. Workers should make sure to stay focused, organized, and not fail to keep track of persons in the ER.
Doctors who work in the emergency room setting are often put in the position of having to work under high pressure, especially if it is a particularly busy time. They may be forced to diagnose, treat, and release patients in a short amount of time in order to help others in need, but it is essential that doctors give each patient responsible and accurate care. Common mistakes that doctors may make in ER settings include:
* Misdiagnosis/late diagnosis
* Prescription errors
* Surgical errors
* Failure to accurately read patient charts
* Medication conflicts or known allergy conflicts
* Failure to monitor patients
If you or someone you love has suffered injury due to negligence on the part of an ER staff member or doctor, you may be eligible for compensation for present and future medical expenses, pain, suffering, and other damages. For more information on emergency room negligence, visit the website of the New Jersey medical malpractice professionals of Levinson & Axelrod.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
While most minor illnesses or injuries can be treated at home or can be dealt with during non-emergency medical appointments, individuals who are suffering from serious illness or severe injuries may be forced to visit an emergency room for urgent care. Persons have a reasonable expectation of attention and treatment when they go to the emergency room, and failure on the part of hospital administrators, doctors, or staff members may result in intensified health problems or even death.
Hospital administrators have a responsibility to properly hire and staff their emergency rooms to be able to handle busy times and the demands of a hectic office. In many cases, ER workers may be forced to deal with busy evenings and patients who need urgent care. If administrators fail to properly screen employees, hire experienced workers, or provide adequate training for all employees, patients may suffer as a result. In addition, emergency rooms should be properly staffed to handle the influx of patients, day and night.
Administrative staff members are a vital part of the ER team. It is important for staff members to be trained to handle emergency situations, as well as to keep track of patients waiting for care. Forgetting about a patient or failing to notify a doctor about a severely injured patient may result in further injury or illness to the individual in question. Workers should make sure to stay focused, organized, and not fail to keep track of persons in the ER.
Doctors who work in the emergency room setting are often put in the position of having to work under high pressure, especially if it is a particularly busy time. They may be forced to diagnose, treat, and release patients in a short amount of time in order to help others in need, but it is essential that doctors give each patient responsible and accurate care. Common mistakes that doctors may make in ER settings include:
* Misdiagnosis/late diagnosis
* Prescription errors
* Surgical errors
* Failure to accurately read patient charts
* Medication conflicts or known allergy conflicts
* Failure to monitor patients
If you or someone you love has suffered injury due to negligence on the part of an ER staff member or doctor, you may be eligible for compensation for present and future medical expenses, pain, suffering, and other damages. For more information on emergency room negligence, visit the website of the New Jersey medical malpractice professionals of Levinson & Axelrod.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Saturday, February 13, 2010
Federal and State Taxes in Legal Will Forms
There are various taxes that would be applied to the property transfers upon the property owner's death. Generally, two main types of taxes are estate taxes and inheritance taxes.
An estate tax is a government tax which is applied on the privilege of transferring property to other person upon the owner's death. Before the assets are well distributed to the designated beneficiaries, this particular tax will be assessed against the estate itself and is paid out of the estate in advance. An inheritance tax is a tax on the actual property received and the person who has actually inherited the property will have to pay the tax. An estate tax is assessed by the federal government.
There are various states where they impose additional estate taxes and inheritance taxes according to their local rules and regulations. Additionally, there is a gift tax on property transfers during a person's life which the federal government and a few states will apply. Nevada is the only state that won't impose any estate, inheritance, or gift taxes at all. It is always good to verify basic information regarding your local state's tax situation in advance.
For the estate taxes, recent changes in the federal Income Tax Code have released an estimated 95 percent of the American public from any federal estate tax liability upon their death. According to the current Internal Revenue Service rules, there is an exemption from all estate tax for the first $1 million of a person's assets. In case of married couple, both you and your spouse are entitled to separate $1 million exemptions per each. The $1 million has been increasing over the past few years: to $1.5 million in 2004; $2 million in 2006; and $3.5 million in 2009. In 2010, the tax code is scheduled to be repealed altogether.
Additionally, all of the value of a person's estate that is left to a spouse is exempt from any federal estate tax. Even though your particular assets are over this minimum exemption, there are still legitimate methods to lower or remove your tax liability. If your assets (or your joint assets as married couple) total is over approximately $1 million, it is recommended that you consult a tax professional prior to preparing your will for the best way of handling your asset distribution.
As a rule, state estate taxes are also very minimal or even non-existent until the total value of your estate becomes over $1 million. Most state's estate tax laws are tied directly to the federal estate tax regulations. Therefore it allows for the same level of exemption equivalent from state estate taxes on death if the estate property totals under $1 million. It is possible that a few states may impose an additional level of estate tax.
Less than half of the states will impose an inheritance tax on the receipt of property due to somebody's death. Generally, there tend to be high exemptions allowed and the inheritance taxes are usually scaled so that spouses, children, and close relatives will have to pay much lower rates than more distant relatives or unrelated persons.
For the most Americans people, the changes in the federal estate tax have virtually eliminated any consideration of tax consequences from the preparation of a will. But other factors will affect the planning of your own will.
If you are considering to prepare a Will, then you can Download Free Will Forms. It will be used to protect your own assets and specify legal rights towards your assets after your absence.
For more information about legal documents, go to Free Legal Forms site, where you can find many free legal forms and resources including living will forms that you can use to help secure your own company and assets.
Article Source: http://EzineArticles.com/?expert=James_L_Kirkland
An estate tax is a government tax which is applied on the privilege of transferring property to other person upon the owner's death. Before the assets are well distributed to the designated beneficiaries, this particular tax will be assessed against the estate itself and is paid out of the estate in advance. An inheritance tax is a tax on the actual property received and the person who has actually inherited the property will have to pay the tax. An estate tax is assessed by the federal government.
There are various states where they impose additional estate taxes and inheritance taxes according to their local rules and regulations. Additionally, there is a gift tax on property transfers during a person's life which the federal government and a few states will apply. Nevada is the only state that won't impose any estate, inheritance, or gift taxes at all. It is always good to verify basic information regarding your local state's tax situation in advance.
For the estate taxes, recent changes in the federal Income Tax Code have released an estimated 95 percent of the American public from any federal estate tax liability upon their death. According to the current Internal Revenue Service rules, there is an exemption from all estate tax for the first $1 million of a person's assets. In case of married couple, both you and your spouse are entitled to separate $1 million exemptions per each. The $1 million has been increasing over the past few years: to $1.5 million in 2004; $2 million in 2006; and $3.5 million in 2009. In 2010, the tax code is scheduled to be repealed altogether.
Additionally, all of the value of a person's estate that is left to a spouse is exempt from any federal estate tax. Even though your particular assets are over this minimum exemption, there are still legitimate methods to lower or remove your tax liability. If your assets (or your joint assets as married couple) total is over approximately $1 million, it is recommended that you consult a tax professional prior to preparing your will for the best way of handling your asset distribution.
As a rule, state estate taxes are also very minimal or even non-existent until the total value of your estate becomes over $1 million. Most state's estate tax laws are tied directly to the federal estate tax regulations. Therefore it allows for the same level of exemption equivalent from state estate taxes on death if the estate property totals under $1 million. It is possible that a few states may impose an additional level of estate tax.
Less than half of the states will impose an inheritance tax on the receipt of property due to somebody's death. Generally, there tend to be high exemptions allowed and the inheritance taxes are usually scaled so that spouses, children, and close relatives will have to pay much lower rates than more distant relatives or unrelated persons.
For the most Americans people, the changes in the federal estate tax have virtually eliminated any consideration of tax consequences from the preparation of a will. But other factors will affect the planning of your own will.
If you are considering to prepare a Will, then you can Download Free Will Forms. It will be used to protect your own assets and specify legal rights towards your assets after your absence.
For more information about legal documents, go to Free Legal Forms site, where you can find many free legal forms and resources including living will forms that you can use to help secure your own company and assets.
Article Source: http://EzineArticles.com/?expert=James_L_Kirkland
The Nitty-Gritty of Estate Planning
Estate planning can be metaphorically equated to the process of building a chute that will smoothly transfer the assets of person to his children and other beneficiaries in the event of one's death. There is a common notion that estate planning is generally done by rich and wealthy who have plenty of cash, property or valuables to leave behind for their loved ones. But that is not true, estate planning is mandatory for all, irrespective of their financial standing. It not only transfers assets to your beneficiaries but also reduces the taxes on your property. Asset can be a whole range of things that you own. Run an audit and you will stunned at the size of your assets.
An important factor of estate planning is the element of will. In the current scenario, we see numerous cases with widespread litigation and media coverage if no living will is prepared by property owners. Almost all estate planning attorneys advise clients to create a living will. Even whether the said person will prefer to be buried or cremated, is specified clearly in such legal documents.
A will is very important estate planning devices because it states the details of who owes what section of a property and the authority he is going to hold on other aspects of the estate. A will is considered as an organization that holds responsibility of dividing a property among the family members or to its rightful heirs. It is the will that acts as a trust which helps to win a legal battle when no process works in property division issues.
Besides the will you require a durable power of attorney and a health care proxy. These days you have the facility of software to do it effectively. There are set of questions that you have to answer, which gives your attorney all the required information, It saves you time and billable dollars. But if you are creating documents through the software always make sure that the attorney reviews them properly.
You have to get the will notarized with required number of witnesses. This number varies from state to state. A will should not contain the sign of a beneficiary as a witness.
Always review the plan in the incidents of divorce, demise of a spouse, adoption, birth of a child, relocating to a new state, inheriting a property, getting married or remarried.
An estate plan should contain a list of all your assets and all your liabilities. The liabilities have to be paid after your death. The inheritors will get what is left after paying the administrative and probate costs.
You have to nominate an executor who will have the management of the estate after your death till the assets are distributed. This is a big onus, so make sure the person is capable and reliable.
Keep only one set of document signed. You will get duplicate copies that you can put inside your file. Review the estate plan after every few years to see it is compatible with the present laws.
Anderson Mills is author of this article on JP Turner.
Article Source: http://EzineArticles.com/?expert=Anderson_Mills
An important factor of estate planning is the element of will. In the current scenario, we see numerous cases with widespread litigation and media coverage if no living will is prepared by property owners. Almost all estate planning attorneys advise clients to create a living will. Even whether the said person will prefer to be buried or cremated, is specified clearly in such legal documents.
A will is very important estate planning devices because it states the details of who owes what section of a property and the authority he is going to hold on other aspects of the estate. A will is considered as an organization that holds responsibility of dividing a property among the family members or to its rightful heirs. It is the will that acts as a trust which helps to win a legal battle when no process works in property division issues.
Besides the will you require a durable power of attorney and a health care proxy. These days you have the facility of software to do it effectively. There are set of questions that you have to answer, which gives your attorney all the required information, It saves you time and billable dollars. But if you are creating documents through the software always make sure that the attorney reviews them properly.
You have to get the will notarized with required number of witnesses. This number varies from state to state. A will should not contain the sign of a beneficiary as a witness.
Always review the plan in the incidents of divorce, demise of a spouse, adoption, birth of a child, relocating to a new state, inheriting a property, getting married or remarried.
An estate plan should contain a list of all your assets and all your liabilities. The liabilities have to be paid after your death. The inheritors will get what is left after paying the administrative and probate costs.
You have to nominate an executor who will have the management of the estate after your death till the assets are distributed. This is a big onus, so make sure the person is capable and reliable.
Keep only one set of document signed. You will get duplicate copies that you can put inside your file. Review the estate plan after every few years to see it is compatible with the present laws.
Anderson Mills is author of this article on JP Turner.
Article Source: http://EzineArticles.com/?expert=Anderson_Mills
Thursday, February 11, 2010
How Can I Lookup Another Person's Police Records 100% Free Via The Internet
Free of cost public police records are available for any individual who requests for it when long when it really is done with compliance to the state's rules and regulations. One may discover it necessary to check the data of someone he may just be suspecting as dangerous to his person and property. This can be useful if the public want to check the background of a potential business associate or if that you are planning to hire someone in your company. In this way, you can prevent the likelihood of dealing with someone who has a history of criminal offense.
There are several ways with which we can have gain access to with free public police lists. Of course, the main federal agency that keeps the files is the police department. Yourself can frequently personally go to there office and file for a request. Different states have different rules and regulations that your wants have to follow. There are states that ask for an administration fee nonetheless there're only extremely nominal seeing that compared to the potential value of this important info that everyone are struggling to find.
We can always go to there offices but an individual can in addition request by mail, fax, or phone call. Once again, they may be usually given which has no fee although it the public have to be patient in getting what yourself want. Remember we have a bureaucratic type of government so transactions are passed from office to another, signed by one person and another, before it will finally reach your hands. It will probably really be time-consuming and frustrating to obtain cost-free public police records data so that you really ought to be patient.
Yourself can also go to your local courthouse since they have a collection that keeps all files relating to criminal felons. Yet again, you will also have to follow their rules and regulations so you can avail of it. A lot of courthouses may also ask for an administration fee depending on the state where you are at.
The info that that is required is also available over the internet. Even so, it is necessary to have to pay for a membership fee for you to be able get it. Then again considering its availability, this is a better selection since you no longer will need to go out of your house and wait for your queue in several governmental offices. Yet , it still depends on you how do you like to get obtain of these free public police records.
James Nash
Source: ArticlesBase.com
There are several ways with which we can have gain access to with free public police lists. Of course, the main federal agency that keeps the files is the police department. Yourself can frequently personally go to there office and file for a request. Different states have different rules and regulations that your wants have to follow. There are states that ask for an administration fee nonetheless there're only extremely nominal seeing that compared to the potential value of this important info that everyone are struggling to find.
We can always go to there offices but an individual can in addition request by mail, fax, or phone call. Once again, they may be usually given which has no fee although it the public have to be patient in getting what yourself want. Remember we have a bureaucratic type of government so transactions are passed from office to another, signed by one person and another, before it will finally reach your hands. It will probably really be time-consuming and frustrating to obtain cost-free public police records data so that you really ought to be patient.
Yourself can also go to your local courthouse since they have a collection that keeps all files relating to criminal felons. Yet again, you will also have to follow their rules and regulations so you can avail of it. A lot of courthouses may also ask for an administration fee depending on the state where you are at.
The info that that is required is also available over the internet. Even so, it is necessary to have to pay for a membership fee for you to be able get it. Then again considering its availability, this is a better selection since you no longer will need to go out of your house and wait for your queue in several governmental offices. Yet , it still depends on you how do you like to get obtain of these free public police records.
James Nash
Source: ArticlesBase.com
Ways To Locate Public Arrest Records On The Internet Free Of Charge
Lately, we speak a lot about maintaining transparency and responsibility in our society. All this has emerged in the 21st century world due to the dangers of terrorism. The public information are now utilized even more frequently as compared to done before. Do the public know the reason? We tend to all expect to make a proper search criminal records about the individuals who are strangers to us or are new to our society. The federal law has awarded the freedom to find out the public information for the citizens of America. There are a lot of criminal records like marriage information, death details, criminal data, police records data, real estate details, voter registration, birth public records and divorce documents. The criminal records keep a track among the criminal arrest records, sex offender, court records data etc.
The most widely searched about is the public arrest history records. The unique aspect about this category is that all arrests are recorded irrespective of their results. The arrest records history are usually the paperwork which might be detain or take an individual into custody. These are enforced by the law and military agencies if there are grounds of suspicion or criminal violation against someone. As stated earlier the criminal arrest records come into the category from the criminal records. This makes these lists accessible to common man when long when they follow the normal procedures to obtain these data. Everyone can obtain these records data from an assortment of government departments like the police department, FBI, and even the local Court. An individual will have to forward a requisition to these agencies and will have to wait to achieve your detail. The data will either be mailed to we or the public will have to visit the govt agency in person to acquire it. Although the trouble is that these public criminal arrest records have a special regulation on them and a requisition might in addition not be fulfilled. These days, there are commercial agencies that also give out the info.
There are a number of reasons why anyone should perform a lookup on the public arrest records. They are for your safety, when the individual are employing a new person for a job, everyone have a new tenant, a new neighbor around, business partner or even the person an individual think we have fallen in love with. The arrest documents will give everyone a lot of info about almost anyone. To begin with the basics, it will contain the description for the person, personal data, the info of arrest like the time, place manner of offense, case number, arresting bureau and warrant. Here is other related data that you will in addition acquire from the arrest records data.
You can get the criminal records data online recently; there are a lot of internet sites that host the info. There are standard governmental internet websites that host the info. Yet, the info is in addition accessible in lots of commercial websites. They keep an extensive collection and yourself will just have to pay a small fee for making your search. But, the paid sites keep comprehensive information on the public records. You will purchase the information immediately on these websites and will receive immense satisfaction.
James Nash
Source: ArticlesBase.com
The most widely searched about is the public arrest history records. The unique aspect about this category is that all arrests are recorded irrespective of their results. The arrest records history are usually the paperwork which might be detain or take an individual into custody. These are enforced by the law and military agencies if there are grounds of suspicion or criminal violation against someone. As stated earlier the criminal arrest records come into the category from the criminal records. This makes these lists accessible to common man when long when they follow the normal procedures to obtain these data. Everyone can obtain these records data from an assortment of government departments like the police department, FBI, and even the local Court. An individual will have to forward a requisition to these agencies and will have to wait to achieve your detail. The data will either be mailed to we or the public will have to visit the govt agency in person to acquire it. Although the trouble is that these public criminal arrest records have a special regulation on them and a requisition might in addition not be fulfilled. These days, there are commercial agencies that also give out the info.
There are a number of reasons why anyone should perform a lookup on the public arrest records. They are for your safety, when the individual are employing a new person for a job, everyone have a new tenant, a new neighbor around, business partner or even the person an individual think we have fallen in love with. The arrest documents will give everyone a lot of info about almost anyone. To begin with the basics, it will contain the description for the person, personal data, the info of arrest like the time, place manner of offense, case number, arresting bureau and warrant. Here is other related data that you will in addition acquire from the arrest records data.
You can get the criminal records data online recently; there are a lot of internet sites that host the info. There are standard governmental internet websites that host the info. Yet, the info is in addition accessible in lots of commercial websites. They keep an extensive collection and yourself will just have to pay a small fee for making your search. But, the paid sites keep comprehensive information on the public records. You will purchase the information immediately on these websites and will receive immense satisfaction.
James Nash
Source: ArticlesBase.com
Wednesday, February 10, 2010
What Association Members Really Want is Not What They Always Need
Unions came into power over 100 years ago to defend the rights of the employee against big business tycoons who were not as concerned about the worker as they were about their profits. Even before their legalization in 1842, unions have been organizing strikes to protect the welfare of their workers. Professional associations were built in the shadows of these unions, striving to help given professions and those within the professions succeed.
The associations of today are similar to the union model. Members pay dues to the state and national affiliates in return for benefits. Some even have local chapters representing them. In this tough economy, why do people still join these associations? It is not for the monthly newsletter, the annual convention or the monthly seminars to achieve their continuing education credits. Individuals may join associations for many reasons:
• Need to know information
• Support of their profession and institution
• Fear that they are missing vital information
• Compliance
• Support materials
• Legal resource
• Legislative information
• Reimbursement issues
• Human resource needs
• It is the right thing to do
I am sure you can assemble items to add to this list, but what I have seen over my 25 plus years of managing and consulting for associations in the health care industry is a conglomeration of all of the reasons above. In addition, there is one more element that I think is relevant and worth writing about: a need for their association to help them unravel the many complex financial and legal issues they are faced with on a regular basis within their own business or practice.
As an association administrator, I am asked to solve problems for our membership regularly. If your members could do it themselves, they would not need your professional association. As board members, we are the problem solvers for many diverse issues.
I often receive calls from non-members and have made it my practice to gently let them know that without membership in their profession's organization, I cannot offer them the information they need to address the immediate problem. Association members are all doing their parts to make the profession we serve that much better, and it does not make sense that someone who is not a member would reap the benefits of an answer. An association executive is the answer person. You and your staff are contacted by members and non-members because they need what you have. They do not want to call you but they do, most of the time, because it is a last resort before calling their lawyer or financial consultant. I always find it interesting that the non-member knows how to find their association's number when they have a problem, but cannot be bothered to join the association to reap the other benefits. This would be like Joe the Cyclist calling up Lance Armstrong and expecting him to divulge all his training secrets.
So, the next time you receive a call from a non-member, be courteous and friendly - you may be obtaining a new member -- but also be firm and honest that what they want from you cannot be provided without membership because what they need is the support of their professional organization. This organization will act as a support group full of people who will have the answers to the questions that they have now, or will have in the future.
In 2003, Mr. Veno was recognized and awarded Teacher of the Year for his role in leading his graduate class students in helping a local business revamp their business plan. Most recently Mr. Veno was voted the "Person of the Year" by Dynamic Chiropractic, a national Chiropractic publication that recognizes individuals who provide outstanding service to the profession. Veno is also the recipient of the ACA Legal Service Award and many other state national awards being recognized for his support of the Chiropractic profession.
Gene Veno & Associates provides expert instruction and consultation for CEOs and Boards of Directors that want to bring new skills and leadership to their business.
http://www.geneveno.com
Article Source: http://EzineArticles.com/?expert=Gene_Veno
The associations of today are similar to the union model. Members pay dues to the state and national affiliates in return for benefits. Some even have local chapters representing them. In this tough economy, why do people still join these associations? It is not for the monthly newsletter, the annual convention or the monthly seminars to achieve their continuing education credits. Individuals may join associations for many reasons:
• Need to know information
• Support of their profession and institution
• Fear that they are missing vital information
• Compliance
• Support materials
• Legal resource
• Legislative information
• Reimbursement issues
• Human resource needs
• It is the right thing to do
I am sure you can assemble items to add to this list, but what I have seen over my 25 plus years of managing and consulting for associations in the health care industry is a conglomeration of all of the reasons above. In addition, there is one more element that I think is relevant and worth writing about: a need for their association to help them unravel the many complex financial and legal issues they are faced with on a regular basis within their own business or practice.
As an association administrator, I am asked to solve problems for our membership regularly. If your members could do it themselves, they would not need your professional association. As board members, we are the problem solvers for many diverse issues.
I often receive calls from non-members and have made it my practice to gently let them know that without membership in their profession's organization, I cannot offer them the information they need to address the immediate problem. Association members are all doing their parts to make the profession we serve that much better, and it does not make sense that someone who is not a member would reap the benefits of an answer. An association executive is the answer person. You and your staff are contacted by members and non-members because they need what you have. They do not want to call you but they do, most of the time, because it is a last resort before calling their lawyer or financial consultant. I always find it interesting that the non-member knows how to find their association's number when they have a problem, but cannot be bothered to join the association to reap the other benefits. This would be like Joe the Cyclist calling up Lance Armstrong and expecting him to divulge all his training secrets.
So, the next time you receive a call from a non-member, be courteous and friendly - you may be obtaining a new member -- but also be firm and honest that what they want from you cannot be provided without membership because what they need is the support of their professional organization. This organization will act as a support group full of people who will have the answers to the questions that they have now, or will have in the future.
In 2003, Mr. Veno was recognized and awarded Teacher of the Year for his role in leading his graduate class students in helping a local business revamp their business plan. Most recently Mr. Veno was voted the "Person of the Year" by Dynamic Chiropractic, a national Chiropractic publication that recognizes individuals who provide outstanding service to the profession. Veno is also the recipient of the ACA Legal Service Award and many other state national awards being recognized for his support of the Chiropractic profession.
Gene Veno & Associates provides expert instruction and consultation for CEOs and Boards of Directors that want to bring new skills and leadership to their business.
http://www.geneveno.com
Article Source: http://EzineArticles.com/?expert=Gene_Veno
How to Find a Workman's Compensation Doctor
How to select a workman's compensation doctor
If you've been hurt on the job you no doubt have a lot of questions. Who do I tell about this? Will I get paid while off the job? When can I work again? And what doctor should I go to for this work related injury?
Here are some steps to take when injured on the job:
* When injured it is best to start the process of finding a doctor as soon as possible. This is because most companies put a ninety day cap on when you can file a claim after the injury. Contact your company's Human Resources department and fill out a "First Report of Injury" form to give to your immediate supervisor.
* Next, ask for a list of pre-approved physicians specifically chosen for on the job injuries. The Office of Worker's Compensation Programs will usually have a list of doctors you can search by zip code. Then choose a doctor that works under the OWCP. It is your right to select any doctor on the ADL or approved doctor's list.
* Sometimes people like to use their own physician. After the first ninety period you are eligible to use your own physician.
* It is your employer's objective to maintain a record of your injuries, notify you of your rights, and monitor the time you have lost because of your work related injury.
* You will also need to fill out a "Request for Paid Leave Form" and submit it to the HR department of your company if you need to take time off work because of your injury.
* Rest up and get well!
* Finally, when you feel you are ready to return to your job, you will need to again visit your workman's' compensation doctor to fill out a Work Status Report before you may return to work safely.
Contact Us
If you or someone you know has been injured on the job and is having difficulty attaining their workman's compensation benefits call the New Jersey workman's compensation lawyers at Levinson Axelrod, P.A., who can provide you with legal assistance. Contact us at 800-346-5529.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
If you've been hurt on the job you no doubt have a lot of questions. Who do I tell about this? Will I get paid while off the job? When can I work again? And what doctor should I go to for this work related injury?
Here are some steps to take when injured on the job:
* When injured it is best to start the process of finding a doctor as soon as possible. This is because most companies put a ninety day cap on when you can file a claim after the injury. Contact your company's Human Resources department and fill out a "First Report of Injury" form to give to your immediate supervisor.
* Next, ask for a list of pre-approved physicians specifically chosen for on the job injuries. The Office of Worker's Compensation Programs will usually have a list of doctors you can search by zip code. Then choose a doctor that works under the OWCP. It is your right to select any doctor on the ADL or approved doctor's list.
* Sometimes people like to use their own physician. After the first ninety period you are eligible to use your own physician.
* It is your employer's objective to maintain a record of your injuries, notify you of your rights, and monitor the time you have lost because of your work related injury.
* You will also need to fill out a "Request for Paid Leave Form" and submit it to the HR department of your company if you need to take time off work because of your injury.
* Rest up and get well!
* Finally, when you feel you are ready to return to your job, you will need to again visit your workman's' compensation doctor to fill out a Work Status Report before you may return to work safely.
Contact Us
If you or someone you know has been injured on the job and is having difficulty attaining their workman's compensation benefits call the New Jersey workman's compensation lawyers at Levinson Axelrod, P.A., who can provide you with legal assistance. Contact us at 800-346-5529.
Joseph Devine
Article Source: http://EzineArticles.com/?expert=Joseph_Devine
Tuesday, February 9, 2010
Multi Pronged Effective Strategy For Anti Counterfeit Actions
A 'counterfeit' is generally an article which is intentionally made to look like an original article so that customers are deceived into buying the counterfeit for the original. As a rule, counterfeits are significantly less expensive than the original.
"Counterfeiting" is a disease that infects and erodes the brand value of a trade mark. The brand value is the perception of a brand in the minds of consumers. As a brand starts being counterfeited slowly but surely, the perception of the branded product starts to erode and when customers see a branded product in the market or in the possession of other customers they wonder whether it is genuine or counterfeit.
Two definite symptoms that a brand has been infected by counterfeiting is [a] the complaints the brand owners starts receiving about defective or substandard products and [b] reduction in sales in areas where counterfeiting is taking place.
In most jurisdictions all over the world the law has prescribed very effective remedies to fight the counterfeiting disease: The Trade Marks Act in various jurisdictions, for instance, dispenses a deterrent punishment for counterfeiters which may include a jail sentence and stringent fines apart from the confiscation and destruction of the counterfeiting articles. In Thailand for instance counterfeiting is punishable even by death. Punishments under the Copyright Act are also stringent with a prescribed punishment of a jail sentence and with an escalation series of fines. In addition to remedies under the criminal law the law of most countries also provide the brand owner remedies under the civil law by which suits for damages can be filed and damages obtained swiftly and efficiently. In some countries, for example in China, administrative remedies are available by which although jail terms are not prescribed, fast seizures of counterfeit products are available. Several of the laws relating to trans-border sales of goods also have built in remedies for inspecting and confiscating suspected counterfeit goods. In most jurisdictions the procedure for taking recourse to effective remedies has also been streamlined with adequate safeguards against misuse of the provisions, such as the requirement of taking approvals from the trade mark registry before initiating criminal proceedings. In spite of these remedies, however, today the counterfeiting disease is as rampant as ever and has infamously achieved epidemic status.
In this dissertation an attempt is made to analyze where we went wrong, to provide an effective strategy for controlling this disease and finally to provide methods to eradicate the disease by implementing these strategies.
To understand the ramifications of the counterfeiting disease, we must first understand its aetiology: the causative factors and the conditions favorable for the growth and proliferation of the counterfeiting virus.
The single most important causative factor for counterfeiting is 'greed'. Counterfeiting will flourish in an environment where the cost of the original product that is sought to be counterfeited is relatively high, the original product is in short supply and has a significant demand and the look and feel of the product is easily reproducible. Pharmaceutical counterfeiting falls typically in this class. Another environment in which counterfeiting thrives is where the original product has snob appeal. Luxury goods, such as designer accessories are species of this genus. Customers who cherish the original high value items for their snob appeal are willing to purchase the much lower priced counterfeits knowingly for flaunting purposes.
A demographic environment necessary for counterfeiting is an area where there is a relatively large population, with a thriving often unregulated market and a customer profile that is upwardly mobile. This makes countries like China, India, Indonesia, Pakistan, Bangla Desh and Thailand areas eminently suitable for the counterfeiting virus to thrive and proliferate. A recent trend is the proliferation of what are called free trade zones where there is minimum regulation of goods coming in and going out. These free trade zones such as in Dubai, Hong Kong and near the Panama Canal have become transit points for the transfer of counterfeit goods particularly counterfeit drugs, from countries where they are cheaply manufactured to countries where these goods have a profitable market value. Pharmaceutical goods are particularly well suited for transfers via the free trade zones.
Counterfeiting activity broadly falls into two categories: Locally made or domestic counterfeits and counterfeit products imported from abroad or foreign counterfeits. We advocate different strategies for tackling domestic and foreign counterfeits. Another slightly different category of counterfeits is refilling, which has been now refined to an art form. In refilling original packages are recycled to the consumer after being refilled with locally made product. Printer cartridges, Alcohol and perfume bottles are particularly susceptible to this type of counterfeiting.
In most jurisdictions, counterfeiting is being attacked, in our opinion, in a random, haphazard and unsatisfactory manner. This has actually exacerbated the disease and increasingly the counterfeit virus has become resistant to cure. Anti counterfeit actions are handled either by law firms or agencies headed by retired police or government officials. These actions take the form of minimalistic investigation by 'informants' followed by 'raids' on 'unearthed retailer of counterfeit goods'. The raids are conducted with the help of police officials either directly or under the orders of a local judicial officer such as a magistrate. Following these raids, the normal strategy is to settle the matter with the person or enterprise raided. Counterfeit goods seized in the course of these raids are confiscated and destroyed and the person who is raided generally ends up paying 'compensation': a portion of which goes towards financing the raid in the first place and a fraction goes to the brand owner. If a case is registered, this is necessarily required to be compounded or quashed in legal systems where criminal cases relating to IPR cannot be compounded. The brand owner is proudly presented periodically with a report on the number of raids successfully conducted, the amount of counterfeit goods seized, and the compensatory amounts collected along with undertakings from individuals not to repeat the activity. There is almost no initiative to pursue complaints to conviction. For a conviction what is needed is a trial. Criminal trials need to be meticulously conducted by lawyers proficient in the criminal process. These trials are time consuming and relatively more expensive than the process of obtaining the initial orders and conducting 'raids'. However, this failure to oversee the proceedings to its conclusion, is in my opinion the root cause of the escalation of the problem. I will once again explain this with respect to the analogy of an infected state of being. Truncating the anti-counterfeit proceedings by settlement is like stopping treatment prematurely on the second day of a five day course of antibiotics, when the patient feels dramatically better and healthy. This results in the danger of a relapse and also the possibility that the microbe becomes resistant to the treatment.
What actually happens is that the counterfeiter realizes this strategy adopted by the brand owner and the collateral damage of the 'raid' and the 'compensation' is then built in into the counterfeiter's budget as an actuarial exercise. For every one front that is raided there are ten that are left untouched. As far as undertakings, given by the persons caught in the act, are concerned, they start afresh under a new name and a new identity. Again often the counterfeiter 'indemnifies' the raided retailer. The counterfeiter produces more counterfeit goods to compensate for the loss suffered because of the raid. Often the persons raided are the retailers and it is not uncommon that the counterfeiter 'compensates' the raided retailer with whom the counterfeit articles are placed for sale on a consignment basis in any case. The brand owner and the genuine customers are the eventual sufferers.
An objective observation of the current environment provides the following revelations:
* Counterfeiting has reaches alarmingly epidemic proportions. In a field like pharmaceuticals there can be disastrous if not fatal consequences.
* Counterfeit products are available both in urban semi urban and rural areas.
* Anti counterfeiting activity is not organized and adequate publicity is not given to these activities because of the fear that even genuine products will be considered as contaminated.
* There appears to be a nexus between the counterfeiters the local politicians and the local thugs;
* Anti counterfeiting actions in the form of raids only skim the outer periphery of the activity leaving the inner core to thrive. Most of the activity is sporadic and provide symptomatic or palliative relief
* The anti counterfeit activity is not cost effective because of lack of planning and management.
With this background, I suggest the following multi pronged strategy for tackling the counterfeiting menace:
At the outset, products that are prone to being counterfeited need to be immunized. There are two ways of doing this:
[i] By packaging the products or using tags or other markings on them which are not possible to duplicate and giving wide publicity and information to customers and the trade about these identification signs. Digital technology has made reproduction of the original label a matter of 'child's play'. Newer technologies are available which are not susceptible to even digital reproduction.For instance packaging films have been developed for pharmaceutical products with embedded images (TM) which are product specific and manufacturer specific. Use of these packaging films selectively will eliminate counterfeiting and ensure that only genuine products are available to patients. Another suggested method is to build into the system an incentive for return of original packaging material. For instance, to avoid refilling, return of used alcohol and perfume bottles could be rewarded.
[ii] By ensuring that genuine products are available only through designated authorized stores and again providing information to customers that the genuine products are available only through these stores and that they should look out for this authorization of genuineness at the point of purchase. At the same time periodic checks must be undertaken to ensure that the authorized stores themselves do not indulge in stocking counterfeit products.
Anti counterfeiting activity must be coordinated by a team of experienced multi tasking coordinators representing the brand owner. These coordinators must be involved with continuously educating consumers and traders on the evils of counterfeiting. In my experience, I have found that the brand owners actually becoming members of the trade associations and consumer movements helps. Publicity in the form of caution and warning notices also must be selectively undertaken in trade journals and newsletters and newspapers. Counterfeiting should not be glorified in any way. For instance use of the expression "imitation is flattering" should be avoided. It some how seems to condone counterfeiting.
I cannot stress more the importance of professional investigation. Serious investigation involves setting up dummy retail operations and infiltrating the counterfeit chain with ones own operatives. When a lead is uncovered, typically of a trader selling counterfeit goods, it must be followed to its source which may be within the country or overseas unearthing on the way the conduit through which these counterfeit goods are trafficked. Investigation includes locating the printers, packaging material and raw material suppliers, custom agents, in fact, all persons directly or indirectly associated with the activity. 'Raids' that are hastily conducted are actually counterproductive because they make the rest of the illicit chain wiser and assist control points along the chain to take counter measures to cover up their tracks.
If counterfeiting is rampant, three types of actions should be undertaken simultaneously. Some of the traders should be visited by the coordinator team informing them about the dangers of the activity they are indulging in. Again in my experience the trading community universally are quite frightened people. Given a choice, they would prefer to trade legally. It is often a matter of circumstance that compels them to trade in counterfeit goods. They are lulled in the belief that they are too small a fry for the brand owner to bother about them. The visit of the IP coordinator makes the difference. Very often this results in a settlement and an undertaking not to repeat the activity. If the coordinators have taken membership with the trade association, an office bearer of the association can be requested to accompany the visiting team to the premises of the offending trader and this type of peer pressure is also useful.
Another part of the team should be involved in the taking of legal actions civil, administrative [wherever available] and criminal simultaneously wherever the laws permit these types of actions and action under the border control laws such as the customs law.
Targets for each of the type of actions should be carefully selected after investigation. In the civil and criminal cases, the initial actions of search and seizure, should be continued with the actual trials against the offenders with a dangling of a carrot that if they reveal the names of the actual persons up the chain with proper evidence, trial will be concluded. Once legal action has commenced it should be taken to its logical conclusion and the accused and/or defendants as the case may be, must be kept under continuous surveillance for any continuing activity. The coordinating team should at the same time liase with the media to ensure that every anti counterfeit activity is reported. Anti counterfeiting activity promptly reported is quite newsworthy.
The counterfeiting disease continuously needs prophylactic treatment. The anti counterfeiting coordinators should continuously sweep the retailers in the market looking out for potential counterfeit stocking retailers. This acts as a deterrent for those retailers who may be having thoughts of indulging in the act.
During the present economic meltdown phase, a level of desperation has crept in, in a section of the trading community. During these times the temptation to indulge in counterfeiting is even greater and therefore, brand owners must step up their vigilance to prevent their brands from being swamped and ambushed by the counterfeits. Hopefully, the multi pronged strategy suggested in this article will assist brand owners in their actions.
This article was written by Dr. Mohan Dewan who is a Trade Mark Attorney and Patent Agent From India at http://www.rkdewan.com. R. K. Dewan & Co. specializes in trademark violation litigation in India.
Article Source: http://EzineArticles.com/?expert=Mohan_Dewan
"Counterfeiting" is a disease that infects and erodes the brand value of a trade mark. The brand value is the perception of a brand in the minds of consumers. As a brand starts being counterfeited slowly but surely, the perception of the branded product starts to erode and when customers see a branded product in the market or in the possession of other customers they wonder whether it is genuine or counterfeit.
Two definite symptoms that a brand has been infected by counterfeiting is [a] the complaints the brand owners starts receiving about defective or substandard products and [b] reduction in sales in areas where counterfeiting is taking place.
In most jurisdictions all over the world the law has prescribed very effective remedies to fight the counterfeiting disease: The Trade Marks Act in various jurisdictions, for instance, dispenses a deterrent punishment for counterfeiters which may include a jail sentence and stringent fines apart from the confiscation and destruction of the counterfeiting articles. In Thailand for instance counterfeiting is punishable even by death. Punishments under the Copyright Act are also stringent with a prescribed punishment of a jail sentence and with an escalation series of fines. In addition to remedies under the criminal law the law of most countries also provide the brand owner remedies under the civil law by which suits for damages can be filed and damages obtained swiftly and efficiently. In some countries, for example in China, administrative remedies are available by which although jail terms are not prescribed, fast seizures of counterfeit products are available. Several of the laws relating to trans-border sales of goods also have built in remedies for inspecting and confiscating suspected counterfeit goods. In most jurisdictions the procedure for taking recourse to effective remedies has also been streamlined with adequate safeguards against misuse of the provisions, such as the requirement of taking approvals from the trade mark registry before initiating criminal proceedings. In spite of these remedies, however, today the counterfeiting disease is as rampant as ever and has infamously achieved epidemic status.
In this dissertation an attempt is made to analyze where we went wrong, to provide an effective strategy for controlling this disease and finally to provide methods to eradicate the disease by implementing these strategies.
To understand the ramifications of the counterfeiting disease, we must first understand its aetiology: the causative factors and the conditions favorable for the growth and proliferation of the counterfeiting virus.
The single most important causative factor for counterfeiting is 'greed'. Counterfeiting will flourish in an environment where the cost of the original product that is sought to be counterfeited is relatively high, the original product is in short supply and has a significant demand and the look and feel of the product is easily reproducible. Pharmaceutical counterfeiting falls typically in this class. Another environment in which counterfeiting thrives is where the original product has snob appeal. Luxury goods, such as designer accessories are species of this genus. Customers who cherish the original high value items for their snob appeal are willing to purchase the much lower priced counterfeits knowingly for flaunting purposes.
A demographic environment necessary for counterfeiting is an area where there is a relatively large population, with a thriving often unregulated market and a customer profile that is upwardly mobile. This makes countries like China, India, Indonesia, Pakistan, Bangla Desh and Thailand areas eminently suitable for the counterfeiting virus to thrive and proliferate. A recent trend is the proliferation of what are called free trade zones where there is minimum regulation of goods coming in and going out. These free trade zones such as in Dubai, Hong Kong and near the Panama Canal have become transit points for the transfer of counterfeit goods particularly counterfeit drugs, from countries where they are cheaply manufactured to countries where these goods have a profitable market value. Pharmaceutical goods are particularly well suited for transfers via the free trade zones.
Counterfeiting activity broadly falls into two categories: Locally made or domestic counterfeits and counterfeit products imported from abroad or foreign counterfeits. We advocate different strategies for tackling domestic and foreign counterfeits. Another slightly different category of counterfeits is refilling, which has been now refined to an art form. In refilling original packages are recycled to the consumer after being refilled with locally made product. Printer cartridges, Alcohol and perfume bottles are particularly susceptible to this type of counterfeiting.
In most jurisdictions, counterfeiting is being attacked, in our opinion, in a random, haphazard and unsatisfactory manner. This has actually exacerbated the disease and increasingly the counterfeit virus has become resistant to cure. Anti counterfeit actions are handled either by law firms or agencies headed by retired police or government officials. These actions take the form of minimalistic investigation by 'informants' followed by 'raids' on 'unearthed retailer of counterfeit goods'. The raids are conducted with the help of police officials either directly or under the orders of a local judicial officer such as a magistrate. Following these raids, the normal strategy is to settle the matter with the person or enterprise raided. Counterfeit goods seized in the course of these raids are confiscated and destroyed and the person who is raided generally ends up paying 'compensation': a portion of which goes towards financing the raid in the first place and a fraction goes to the brand owner. If a case is registered, this is necessarily required to be compounded or quashed in legal systems where criminal cases relating to IPR cannot be compounded. The brand owner is proudly presented periodically with a report on the number of raids successfully conducted, the amount of counterfeit goods seized, and the compensatory amounts collected along with undertakings from individuals not to repeat the activity. There is almost no initiative to pursue complaints to conviction. For a conviction what is needed is a trial. Criminal trials need to be meticulously conducted by lawyers proficient in the criminal process. These trials are time consuming and relatively more expensive than the process of obtaining the initial orders and conducting 'raids'. However, this failure to oversee the proceedings to its conclusion, is in my opinion the root cause of the escalation of the problem. I will once again explain this with respect to the analogy of an infected state of being. Truncating the anti-counterfeit proceedings by settlement is like stopping treatment prematurely on the second day of a five day course of antibiotics, when the patient feels dramatically better and healthy. This results in the danger of a relapse and also the possibility that the microbe becomes resistant to the treatment.
What actually happens is that the counterfeiter realizes this strategy adopted by the brand owner and the collateral damage of the 'raid' and the 'compensation' is then built in into the counterfeiter's budget as an actuarial exercise. For every one front that is raided there are ten that are left untouched. As far as undertakings, given by the persons caught in the act, are concerned, they start afresh under a new name and a new identity. Again often the counterfeiter 'indemnifies' the raided retailer. The counterfeiter produces more counterfeit goods to compensate for the loss suffered because of the raid. Often the persons raided are the retailers and it is not uncommon that the counterfeiter 'compensates' the raided retailer with whom the counterfeit articles are placed for sale on a consignment basis in any case. The brand owner and the genuine customers are the eventual sufferers.
An objective observation of the current environment provides the following revelations:
* Counterfeiting has reaches alarmingly epidemic proportions. In a field like pharmaceuticals there can be disastrous if not fatal consequences.
* Counterfeit products are available both in urban semi urban and rural areas.
* Anti counterfeiting activity is not organized and adequate publicity is not given to these activities because of the fear that even genuine products will be considered as contaminated.
* There appears to be a nexus between the counterfeiters the local politicians and the local thugs;
* Anti counterfeiting actions in the form of raids only skim the outer periphery of the activity leaving the inner core to thrive. Most of the activity is sporadic and provide symptomatic or palliative relief
* The anti counterfeit activity is not cost effective because of lack of planning and management.
With this background, I suggest the following multi pronged strategy for tackling the counterfeiting menace:
At the outset, products that are prone to being counterfeited need to be immunized. There are two ways of doing this:
[i] By packaging the products or using tags or other markings on them which are not possible to duplicate and giving wide publicity and information to customers and the trade about these identification signs. Digital technology has made reproduction of the original label a matter of 'child's play'. Newer technologies are available which are not susceptible to even digital reproduction.For instance packaging films have been developed for pharmaceutical products with embedded images (TM) which are product specific and manufacturer specific. Use of these packaging films selectively will eliminate counterfeiting and ensure that only genuine products are available to patients. Another suggested method is to build into the system an incentive for return of original packaging material. For instance, to avoid refilling, return of used alcohol and perfume bottles could be rewarded.
[ii] By ensuring that genuine products are available only through designated authorized stores and again providing information to customers that the genuine products are available only through these stores and that they should look out for this authorization of genuineness at the point of purchase. At the same time periodic checks must be undertaken to ensure that the authorized stores themselves do not indulge in stocking counterfeit products.
Anti counterfeiting activity must be coordinated by a team of experienced multi tasking coordinators representing the brand owner. These coordinators must be involved with continuously educating consumers and traders on the evils of counterfeiting. In my experience, I have found that the brand owners actually becoming members of the trade associations and consumer movements helps. Publicity in the form of caution and warning notices also must be selectively undertaken in trade journals and newsletters and newspapers. Counterfeiting should not be glorified in any way. For instance use of the expression "imitation is flattering" should be avoided. It some how seems to condone counterfeiting.
I cannot stress more the importance of professional investigation. Serious investigation involves setting up dummy retail operations and infiltrating the counterfeit chain with ones own operatives. When a lead is uncovered, typically of a trader selling counterfeit goods, it must be followed to its source which may be within the country or overseas unearthing on the way the conduit through which these counterfeit goods are trafficked. Investigation includes locating the printers, packaging material and raw material suppliers, custom agents, in fact, all persons directly or indirectly associated with the activity. 'Raids' that are hastily conducted are actually counterproductive because they make the rest of the illicit chain wiser and assist control points along the chain to take counter measures to cover up their tracks.
If counterfeiting is rampant, three types of actions should be undertaken simultaneously. Some of the traders should be visited by the coordinator team informing them about the dangers of the activity they are indulging in. Again in my experience the trading community universally are quite frightened people. Given a choice, they would prefer to trade legally. It is often a matter of circumstance that compels them to trade in counterfeit goods. They are lulled in the belief that they are too small a fry for the brand owner to bother about them. The visit of the IP coordinator makes the difference. Very often this results in a settlement and an undertaking not to repeat the activity. If the coordinators have taken membership with the trade association, an office bearer of the association can be requested to accompany the visiting team to the premises of the offending trader and this type of peer pressure is also useful.
Another part of the team should be involved in the taking of legal actions civil, administrative [wherever available] and criminal simultaneously wherever the laws permit these types of actions and action under the border control laws such as the customs law.
Targets for each of the type of actions should be carefully selected after investigation. In the civil and criminal cases, the initial actions of search and seizure, should be continued with the actual trials against the offenders with a dangling of a carrot that if they reveal the names of the actual persons up the chain with proper evidence, trial will be concluded. Once legal action has commenced it should be taken to its logical conclusion and the accused and/or defendants as the case may be, must be kept under continuous surveillance for any continuing activity. The coordinating team should at the same time liase with the media to ensure that every anti counterfeit activity is reported. Anti counterfeiting activity promptly reported is quite newsworthy.
The counterfeiting disease continuously needs prophylactic treatment. The anti counterfeiting coordinators should continuously sweep the retailers in the market looking out for potential counterfeit stocking retailers. This acts as a deterrent for those retailers who may be having thoughts of indulging in the act.
During the present economic meltdown phase, a level of desperation has crept in, in a section of the trading community. During these times the temptation to indulge in counterfeiting is even greater and therefore, brand owners must step up their vigilance to prevent their brands from being swamped and ambushed by the counterfeits. Hopefully, the multi pronged strategy suggested in this article will assist brand owners in their actions.
This article was written by Dr. Mohan Dewan who is a Trade Mark Attorney and Patent Agent From India at http://www.rkdewan.com. R. K. Dewan & Co. specializes in trademark violation litigation in India.
Article Source: http://EzineArticles.com/?expert=Mohan_Dewan
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