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Member Profile
AvvoAdvice
Member Since: 01/19/2009
About Me:
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Total Guide Views
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 Guides I've Written
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This "how to" will provide a brief over-view of the assessment that a business owner should conduct to review potential business liability issues.
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The points covered here may not be applicable to all businesses, but this overview provides a general review of those areas that business owners need
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This guide will help business owners evaluate whether their insurance coverage is sufficient. It is recommended that the owner consult with both an at
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Everyone knows you need to have auto insurance to drive a car. Most people know you need homeowners insurance if you own a home. Small-business owners
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Don't be penny-wise and pound-foolish when forming a new venture. While funding constraints may make it tempting to avoid the cost of hiring counsel,
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Follow these steps to protect your personal wealth as a business owner.
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This guide addresses whether business records can be stored electronically as opposed to the physical storage and retention of the actual document.
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This is a brief summary of Business Succession Options in Pennsylvania
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A critical step in launching a successful business is to assess the risks of failure before you open your doors.
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Companies buy and sell goods day-to-day.
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Below are a few key characteristics of a good attorney that you may use to evaluate whether or not a prospective business attorney may be right for y
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In recent years the LLC has become the darling of entrepreneurs and small businesses around the country. But the LLC is not always the best choice. S
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Economic downturns mean uncertainty. It does not necessarily have to mean your business cannot be profitable
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Many business owners who are selling a company for the first time do not know what to expect.
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Practical definitions of patents, copyright and other types of IP
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There are many business issues to address when launching an e-commerce business.
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Here are the steps successful Buyers and Sellers follow in M&A deals:
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This guide is intended to help a person think about issues related to starting a new business, regardless of its purpose.
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Having been very fortunate over the past two hurricane seasons, business owners need to be all the more vigilant this storm season.
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A brief summary on how to organize and operate business entities in China.
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Operators of businesses must produce adequate business records, or they can be denied a discharge.
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Each country has different laws, but that is often less important than how the laws function
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Business entity selection and business formation
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Headlines of raids by the Immigration and Customs Enforcement Agency (ICE) signal employers that immigration compliance must be a priority.
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With the wide variety of businesses, products and services I have seen many contracts which are substandard.
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Litigators are trained to see legal problems in a certain way
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You may have heard rumors that business method patents are dead, but their death is greatly exaggerated.
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An IRS bank levy is a tool the IRS uses to collect unpaid taxes from delinquent taxpayers.
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One of the most useful tools in the IRS collections toolbox is the levy.
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Currently Not Collectible status exists solely to protect people from the aggressive tactics of the IRS Collection Division.
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If you have tax debt (known as back-tax liability)
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The Collection Statute Expiration Date (CSED)
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Establishing an offshore business by examining benefits
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Statistics show that you and I will be sued 2 to 3 times during our lifetime
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Big insurance reaped more than $100 billion in profits
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A "C Corporation" (or simply a Corporation) is considered by law to be a unique entity separate from those that own it...
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A LLC is a type of hybrid business structure that is designed to provide the limited liability features of a corporation
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A Family Limited Partnership (FLP) is an entity, like a corporation. It is used to protect assets and keep them in the family.
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Not ALL contractors are required to be licensed
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Generally in California, non-compete agreements are illegal and against public policy...
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The transaction costs associated with getting seed capital for a start-up aren't trivial
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A subchapter "S" Corporation, also called an S Corporation, is a corporation that once incorporated, elects a special tax status.
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Dilution prevention provisions
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Except for some very narrow exceptions, such as children holding summer jobs in which they don't make much money, and truly independent contractors,
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Corporate stock can be seized by a judgment creditor to satisfy the judgment
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We were recently contact by a potential client who lost a great deal of his money when his bank was closed
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A quick look at some reasons for everyone to consider when doing charitable giving.
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Most people are certain that they have airline passengers' rights, but are less certain about what those rights are, and what they include
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Generally speaking, the corporate veil is a legal shield protecting owners, operators, management, employees and shareholders from personal liability.
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If properly established and managed, a corporation can and will protect its officers, directors, employees and shareholders from personal liability c
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This Article briefly discusses the application and utility of Rule B in attaching, on an ex parte basis, the assets of a defendant in a maritime clai
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Please keep in mind these steps to ensure the best coverage for you, your home or your association.
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There are numerous laws that regulate mortgage lending and mortgage contracts. It is not unusual to find violations
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There are several Federal laws that regulate banking, mortgage lending and mortgage contracts
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It's a well-known fact that most insurance policies don't cover defamation, invasion of privacy, or copyright infringement claims
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A checklist to enumerate all of the issues that may arise in forming a new business.
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Any covered entity under HIPAA has spent the last five years or so scrambling to put together a HIPAA policy
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Denial letters, whether from an insurer or health plan
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Most lawsuits are avoidable and unnecessary
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Defamation is commonly misunderstood, especially when it involves the internet
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Easy steps and links for starting up your LLC in Washington State.
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How to obtain online information about what may have caused a plane to crash.
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You have initiated a claim for No Fault Benefits against your insurance company
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Disability benefit attorney John Tucker offers helpful hints to assist you in filling out the many forms that you will have to deal with
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Your customer has a list of tasks for you. Most of them are routine, but one is troubling you because you are not sure it falls within your ratings
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For many business owners, choosing the structure for its legal entity can be a daunting task
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If you wish to learn as much as you can from authoritative tax collection sources, look at the IRS' own publications
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California tax problems originate from any one or more of its tax collection agencies: the Franchise Tax Board
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Under Florida law there are certain items that must be in every resdidential construction contract
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The Uniformed Services Employment and Reemployment Rights Act ("USERRA")
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Many IRS 501(c)(3) churches & religious organizations are not aware that they may risk losing their tax
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The IRS Tax Exempt Organizations Division has recently made available on their website a list of valuable resources to help managers, founders, board
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Too often when a person or their accountant forms a new corporate entity, some of the legal issues are ignored
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Evaluating franchise attorneys and franchise consultants can seem a daunting task
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On April 30, 2008, the New Jersey Department of Environmental Protection ("NJDEP") stopped processing all ISRA Letters of Non-applicability ("LNAs")
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Buying a franchise represents a different approach to starting a business, a dream shared by millions
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When a crisis hits, the officers and staff shouldn't panic, they should take concrete steps to handle the crisis
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Corporations must maintain proper formalities to safeguard limited liability and proper tax treatment
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The new FTC Franchise Rule became effective July 1, 2007 and represents the first major change to the statute since it was enacted in 1979
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ne of the main advantages of corporations and limited liability entities is the corporate shield against personal liability for the acts
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For many high-tech businesses looking to raise funding, receiving a term sheet from a Venture Capital Firm represents a major accomplishment
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In these tough economic times, you may be forced to lay off some of your employees
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You've received a term sheet from a venture capitalist
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Perhaps the most fundamental issue in any VC financing is valuation
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A typical term sheet will include a provision related to the payment of dividends on the preferred stock
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The vast majority of term sheets will include a liquidation preference for the Preferred Stock
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In a prior legal guide, we talked about the general conditions of a liquidation preference
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In prior legal guides, we talked about the general conditions of a liquidation preference and preference multiples
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This series of legal guides has looked at the general conditions of a liquidation preference, preference multiples, and participating preferred stock
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The term sheet may include a provision to require the Company to redeem ("buy back at the original purchase price plus an annual carrying cost") the p
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The primary purpose of drag-along rights are to ensure that the investor's shares won't be held hostage in the event of a favorable acquisition or me
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Registration rights are an important right to investors since they provide a contractual right
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The co-sale right gives the investor the right to sell its shares on the same terms as the investors
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Venture Capitalists will usually negotiate for veto rights in the event of specified events
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Venture capitalists will almost always have at least some representation on the company's board of directors
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Investors will often request preemptive rights or a right of first refusal as a tool to allow the investor to maintain its ownership percentage.
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Preferred stock will generally have a voluntary conversion right
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One other wrinkle on anti-dilution clauses is the so-called "pay-to-play" provisions
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Typically with venture capital investments, the Company will pay the legal expenses of the attorney for the investors
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Many sophisticated venture investors will ask that the shares held by founders and employees be subject to forfeiture upon departing the company
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Insurance Policies are often large documents, containing many provisions that seem legalistic and inconsistent
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This legal guide explains how to follow up and check the status of a pending "Application for Recognition of Exemption" (IRS Form 1023)
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In America, the industry of music publishing has its roots in New York's Tin Pan Alley
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An outline of the pros and cons of the various legal entities allowed under Oregon law
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A carefully thought out shareholders agreement can be a major asset to virtually any closely-held business.
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"Bad faith" involves an action based upon the assertion
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What type of security interest can a lender or investor take in an FCC license
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When funding a grant the success of which is heavily dependent upon the participation of a Principal Investigator
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Private Foundations must exercise Expenditure Responsibility over grants to other Private Foundations and Non-Charitable Groups
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Although, one would like to think that an insurance company will treat them fairly, in reality an insurance company must protect its bottom-line
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This brief article discuss the very basic concepts of uninsured/ underinsured motorist law in Tennessee.
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A statutory framework presently exists, whereby the Plaintiff can settle with the Defendant, while preserving a right to pursue additional proceeds
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Ever wonder how a songwriter and his publisher make money when a song is played on the radio or in a movie?
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Steps to take to ensure that confidential information and trade secrets remain protected.
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You've decided to form a business
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If you were injured in an auto accident, it is critical to get necessary medical treatment and coverage for two reasons
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A business contract is an agreement between two parties to exchange services or goods of value
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If you're starting a business, carefully consider what business structure will be best for the type of business you plan to operate.
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At its simplest, incorporating a business involves creating Articles of Incorporation (rules for managing a corporation) and filing them with the appr
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A lease contract for commercial property is a legal document that outlines the leasing agreement between a tenant and landlord
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To use a sports analogy, bylaws are essentially a company's "playbook."
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Every state gives individuals or groups the right to start a corporation
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There are numerous articles addressing the advantages of incorporating your business. I would like to point out some disadvantages of incorporating
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If you think you may have to pay alimony or should receive alimony as a result of a divorce or dissolution of a civil union
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How does new spouse or mate income affect spousal support
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When a foreign national is sponsored for green card status based on employment, generally there are 3 stages for this process
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Most licensees have never been visited by a state investigator
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What type of adoptive match do you want?
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When you don't pay your mortgage in Illinois, your lender is entitled to foreclose.
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If you were attacked by a pet dog in New York, you may be entitled to payment from the dog's owners or insurance company.
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Veterans are entitled for benefits for injuries or illnesses which occurred during their time in services or as a result of their military service.
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To avoid the expense and delays of litigation, many contracts require that the parties arbitrate any dispute
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In the U.S., people are injured each week in aircraft accidents...
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There are several Federal laws that regulate banking, mortgage lending and mortgage contracts.
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On April 20, 2005, the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act (hereinafter "Bapcpa")
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Each year in The United States: Approximately 1.5 million Americans sustain Traumatic Brain Injury (TBI) ranging from mild to severe
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In the United States alone, over 1,000,000 people suffer from brain and head injuries each year...
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A new state law, effective February 1, 2009, expands the provisions of falsely reporting an incident in the third degree
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When it comes to the future of your family, you want to do everything you can to be there for them
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This brief article will provide a step-by-step analysis of how child support is determined in California
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Civil rights cases are notoriously hard to pursue
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Class action litigation is rampant in the United States, and defending against a class action lawsuit is both expensive and time-consuming.
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Startup and expansion of businesses often require leasing space for new locations.
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As a small business owner you wouldn't leave your cash register drawers or stockroom doors wide open
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Generally the defamatory statement must constitute a false and unprivileged publication...
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If you have not been paid for work you have done on a property, you may be able to collect the money you are owed by filing a construction lien.
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Generally, non-competition agreements signed pursuant to employment are enforceable in Florida and governed by statute
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Filing a PPA allows an inventor to claim "patent pending" status for the invention for 12 months
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Copyright protects "original works of authorship" that are fixed in a tangible form of expression
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The most common question we are asked by clients considering bankruptcy is what happens to my credit after bankruptcy?
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The inconvenient truth about criminal defense attorneys is that they are human
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If your business deals with Consumers and ever has to collect debts from those consumers, then you need to be aware of Debt Collection Laws.
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The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates how collection agencies must behave while collecting debts.
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A car safety defect can lead to serious personal injuries in an accident
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This guide goes into details of determining if an employee is victim of illegal discrimination.
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This guide will provide insight into the notion of "when am I 'separated' from my spouse?
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What is domestic violence?
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Are you a diabetic?
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This how to guide will take a quick look at the different ways that an employer can lose an employee's exempt status
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Individualized Education Program (IEP)
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During the rare occasions that I am not working and I am out with friends, they frequently ask when during dying process should they call an elder law
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What rights do political candidates have in domain names that use their name? Freedom of speech is the key factor.
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A licensed practical nurse who suffered from preexisting pulmonary disability
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If you receive an offer from a record label
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In planning for future legal changes related to climate change and sustainability design and compliance issues
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The following ten steps should be considered by everyone starting to plan their estate
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Much of what an attorney does is controlled by the Rules of Professional Conduct ("RPCs")
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New Jersey's Family Leave Act (FLA) is similar to the Federal Family Medical Leave Act (FMLA), with some important differences
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Federal Agents (the FBI, DEA, Customs) depend upon shock and awe to obtain cooperation.
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There are two issues. First, you need a qualifying child or relative
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A quick set of tips if a broker has interested you in a deal that is too good to be true!
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If you are facing a mortgage foreclosure, the time to take action is now
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Steps for Franchising your Business
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Committing Felony Insurance Fraud is as easy as 1-2-3 in WI, and many activities viewed as innocent fall within the statutory definitions of fraud
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Zoning is a game municipalities can win if they know the rules and employ winning strategies
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To legally change your name in CA you will need to file Petition for a Change of Name
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It is a myth that a person has to spend all of their money before being able to qualify for Medicaid or SSI
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Once a guardianship is established, the court has continuing oversight over the affairs of the Ward until the guardianship is terminated
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It is important to plan ahead to allow your spouse or loved one to be able to assist you if you become incompetent.
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Identity theft can be devastating so, you must act quickly when you learn it has happened to you.
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A guide to the documents required to return to the US after international travel
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It is very important that a person has proper auto insurance on their cars to ensure that they are protected from liability from other people
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Here is a way to get an attorney's malpractice carrier to pay for a litigant's case and help relieve the debt load on the other litigant.
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These motions are important because they can be determine the course of a case
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Designed as a tool for developing strategies and understanding basic principles on indigenous peoples' rights and international law.
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Few companies know as much as they should about Internet law.
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California Welfare and Institutions Code ยง 781 is the statute that gives you the legal right to have your juvenile record sealed
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If you are pursuing approvals in these areas, it is very helpful to understand the process before you proceed.
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Self help evictions (done outside of the court system) are not allowed in Georgia
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Disputes in Connecticut - whether it is a law suit, arbitration or mediation. What do You Need to Know?
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When you purchase a new car in Florida you also purchase security: Florida's Lemon Law
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Most defamation cases are simply too small for a lawyer to handle and too costly for the average plaintiff to sustain
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The administrative review process allows an accused to challenge this suspension, but there are strict time limits to follow.
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Many new clients ask me whether to form a corporation or a limited liability company
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Successfully litigating a medical malpractice claim is among the most costly and difficult legal challenges
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Prenuptial agreements permit parties to create their own rules for the characterization
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The process through which we resolve family law conflicts is undergoing a major continental shift
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Medical malpractice case evaluation can be a confusing process for clients
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On April 30, 2008, the New Jersey Department of Environmental Protection ("NJDEP") stopped processing all ISRA Letters of Non-applicability ("LNAs")
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I've been riding and racing motorcycles for more than 38 years.
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Patients who find themselves the victims of nursing home neglect and/or abuse are often harmed mentally as well as physically
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A family limited partnership is a wonderful estate planning tool to obtain substantial tax benefits, achieve asset protection
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This guide summarizes the process of getting a US patent, and provides some guidance as to the costs involved
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A quick summary of the process to determine whether your issued patent is being infringed by another.
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Emotional injuries often accompany or arise from physical traumas.
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The power of attorney is just one piece of an entire basic estate plan
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The Family Educational Rights and Privacy Act (FERPA)
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Probate Fees, which are a combination of the fees charged by the probate attorney and the executor or administrator, are set by law
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My premise is that you do and should take title insurance... But if you don't, here's what you need to do:
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There are many steps in the process of selling residential real estate. This summary is intended to highlight the major components of a real estate s
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The old adage, "If it sounds too good to be true, it probably isn't legitimate" is more relevant in today's web-based,
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The EEOC recently issued new guidelines on religious discrimination.
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In Colorado your ability to recover damages is based upon whether you are an invitee, licensee or trespasser.
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The following steps will supporting your social security disability claim
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This guide informs you what to do during a traffic stop anywhere, and how to avoid getting tickets if possible
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If you buy a duplex in the city, there's a good chance that the zoning rules wouldn't allow it to be built today
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A quick guide to conduct a WORD trademark availability search in the USA.
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An introduction to determining whether an alleged infringer is more than "alleged"?
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Federal Employers' Liability Act (FELA),
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Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles. Here are the details...
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This summary provides a simple description of a Living Trust and how it works.
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This is a guide on the procedures for filing for an uncontested divorce in Massachusetts.
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If you have a permit and carry a concealed pistol, these suggestions may keep you out of trouble. Copyright 2009, Law Office of John Freeman
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Given today's financial climate an increase in mortgage fraud investigations is likely
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The Do's and Don't s of writing your own Will
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Injured while working in New York?
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Georgia's wrongful death statute, dating back to before the Civil War, is one of the best in the US at respecting the value of human life.
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There are many factual considerations and legal issues that operate to establish liability and/or damages.
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