The Practice of Law and the Internet

Friday, October 7, 2011

The internet has changed many industries including the way that lawyers practice their trade. While this might not be the first industry to come to mind in terms of how it uses the internet, the World Wide Web has had a huge influence on the practice of law.
Thanks to the internet, geography is no longer an issue. Even having a website can draw in hundreds or thousands of clients that the firm would not have had if it hadn't been for a foray into the internet. There are many examples of firms which have been able to expand into foreign countries and thrive there all thanks to the doors that the internet has opened. In addition, it is now easier than ever to communicate with lawyers who are half a world away. Thanks to email and instant messaging, lawyers can work together no matter where they are located.


Computer Crimes and Federal Offenses

Sunday, October 2, 2011

If you are under investigation for a computer crime, or if you have already been arrested for such an offense, you are probably under a great deal of stress. Computer crimes involve a wide range of activities that are otherwise illegal. When people use a computer or the internet to further commit such crimes, then they are categorized as computer or internet crimes.
These days, nearly every aspect of our society is digitalized. People can download movies, apply for a credit card, transfer balances between accounts, and pay their bills all with the touch of a button. The expanding functions of the internet have opened a whole new world to criminal outlets and activities. Criminals are finding new ways to break the law at a pace that law enforcement is struggling to keep up with. Because computers have such a large impact on society as a whole, federal prosecutors waste no time or expense in securing criminal convictions against the individuals who commit such crimes. In fact, the federal government has entire task forces devoted to tracking down and arresting people who commit these types of crimes.
What categorizes a computer or internet crime? One common aspect of computer crimes involves financial fraud and money laundering schemes. Other financial crimes committed via the internet include credit and debit card fraud, hacking and identity theft.


Drug Possession Charges and Penalties

Thursday, September 29, 2011

Controlled substances are those substances which are heavily regulated by the law. Illegal possession, cultivation, distribution, or trafficking of controlled substances can result in serious criminal consequences for the accused if they are ultimately convicted.
If you were arrested because the police found drugs on your person, in your vehicle, in your home, on or in your personal property, then you may be charged with drug possession. Drug offenses can be prosecuted in either the state or federal courts; the punishment that you face for drug possession will vary depending upon what type of drug that was found, and how much of it there was.
For instance, the penalties for possessing less than 20 grams of cannabis (marijuana) will be far less serious than possessing more than 10 grams of a controlled substance such as cocaine or heroin. The difference between the two above examples is up to one year in a county jail for the marijuana charge versus up to thirty years in prison for the heroin or cocaine charge.


Traffic Stop: Some Tips on What to Do When You Are Stopped

Thursday, September 15, 2011

Most Americans will be involved in a traffic stop at some point in their lives. The stop itself is terribly unnerving; seeing the blue lights in your rear-view mirror, wondering if they're stopping you, then being pulled over, and sitting on the side of the road while everyone looks as they go by. From there, if you receive a ticket from the Police Office, now you are concerned about what detrimental affects this will have on your license and/or insurance. Do you have to go to court? How long will it take? What options are available? All questions that will run through your mind. For some, this is an unnerving experience, others it's downright stressful. Either way, knowing what to do when you are being stopped, can help you minimize the amount of stress you may feel (and/or cause the Police Officer) as well as potentially avoid incriminating yourself more.
First, when being pulled over, always pull off to the side of the road at the earliest place available that you can while still doing so safely. Do not jerk the wheel over and slam on your brakes, this will only cause added suspicion on the part of the Police Officer. Once pulled over, place the vehicle in park and keep both hands on the steering wheel. Officers do not like to see a lot of movement from the person when they are being pulled over. Even though you may be trying to get your license, insurance and registration together, it's better to just wait until the officer is at your car window. Ninety-nine percent of the time, the movement is innocent, but there is always the chance that the movement could be the driver attempting to hide contraband, or worse, obtain a weapon. Officer's put their lives on the line every day and giving them reason to be additionally suspicious of your motives will only add to the stress of both you and the officer during your stop.


Consulting With a Criminal Defense Lawyer

Saturday, September 3, 2011

How important is the initial consultation with a criminal defense attorney? Considering the extreme consequences you may face if you are not properly represented, it would be safe to say the consultation session is of critical importance.
Some might not think a consultation is important as long as they are hiring a high-profile attorney to represent them. They could simply find out who is the most well-known and established attorney in the local area and hire the attorney based on reputation. This could prove disastrous as it prescribes to a very common myth. That is, there is the belief that a high-profile lawyer will automatically deliver the outcome you desire.
You need to ask yourself a very serious question prior to prescribing to this myth:
Can you preordain a guaranteed acquittal in a criminal case if you have a very high-profile and highly expensive attorney representing you? The answer is, of course, no. There can be no guarantees possible regarding the outcome of any court proceeding criminal or civil. However, if you do have the right representation handling your case, you will be in a much better position than someone that lacks effective representation.


A Domain Dispute Attorney: When Your Domain Is in Danger

Wednesday, August 31, 2011

For those who have a website, your domain is one of the most precious things you possess. Due to this fact, optimal consideration and diligence should be applied when working with it. Yet, not every person realizes the procedures that should be undertaken for domain address stability and legal troubles are certain to show up. Many unwelcome scenarios can occur concerning legalities with domain names. Like it is valid with all other things involving laws, conflicts can become incredibly confusing for those who don't focus on this legal field. This is exactly why domain name legal battles have to have the aid of a domain dispute attorney.
If you believe any type of common attorney is going to be sufficient for a domain name case, you need to alter your reasoning. Attorneys that do not focus on internet domains might not be alert to specific terms and regulations involved.. Of course, you would not seek the services of a divorce attorney to control your bankruptcy case. Similarly, you shouldn't seek a personal injury lawyer to handle your domain dispute. Also, your lawyer must also know all of the details of the Uniform Domain Name Dispute Resolution Policy.
Irrespective of your side (prosecutor or defendant) a skilled domain dispute attorney can help your case. Your case will benefit profoundly from a specialized attorney whether you are the accused cyber-squatter or the individual accusing another person of the offense. Should you not know what cyber-squatting is, it is the intent of holding and making use of a domain name in hopes of benefiting from an individual's trademark.


Copyright Attorneys Can Assist With Issues Regarding Moral Rights Of Authors

Thursday, August 18, 2011

Moral Rights as Explained by Copyright Attorneys
This article is not intended as legal or expert advice and should you want to know specific information regarding intellectual property laws or applications, it is recommended that you contact copyright attorneys for assistance.
Moral Rights as Related to Intellectual Property
Moral rights as related to intellectual property, and more specifically copyright, are rights of the authors of the works qualifying for copyrights. Such rights can include the right to be identified with a work as the author, the right not disclose identity and the right to uphold the integrity of the author's name and the particular work.
The term comes from a French phrase that refers not to morals such as ethical or religiously related, but to the rights of the creators to control the outcome of the works. As such one can also refer to such as the controlling rights of an author or creator. In addition, such rights can also be referred to as connection rights - thus the right to be connected to a work.


The TRIPS Agreement

Friday, August 5, 2011

The WTO has a huge impact on international copyright law. Originally named the General Agreement on Tariffs and Trade (GATT), it included non-discriminatory provisions such as national treatment, provisions related the elimination of quantitative restrictions, and freedom of transit. The GATT of 1947 was the beginning of a series of trade negotiations over the span of fifty years.
Despite the achievements of the GATT negotiation rounds, there were loopholes in the trading system. As the acronym of the GATT indicates, GATT scope was limited only to tariffs and trade in goods. The GATT did not contain rules aimed at the liberalization of trade in services. More importantly, the GATT did not address any sort of copyright protection in all of its provisions.
Against this background, the GATT parties decided, at their 1986 Punta del Este Ministerial Meeting, to launch the Uruguay Round. The agenda covered traditional GATT subjects such as tariffs, non-tariff barriers, subsidies, and safeguards. It also added, among other things, intellectual property protection. Almost seven years later, the Uruguay Round came to an end. In 1994, the WTO institution was established. In addition to the establishment of the WTO, the Uruguay Round resulted in several agreements including the TRIPS Agreement. The WTO agreements are treated as part of a "single undertaking". In other words, WTO members cannot forum shop which agreement(s) they accept. Once a country becomes a WTO member, it will have to accept all the agreements including the TRIPS Agreement.


Mothers' Rights in Florida

Thursday, July 28, 2011

Both mothers and fathers have certain legal rights in regards to their children. Mothers have rights to their children, whether or not they were ever married to the child's father. There will be times when issues will arise in regards to paternity, child custody, visitation, and support that will need to be resolved legally. When mothers encounter situations that need legal assistance, they can benefit from retaining the services of an experienced family lawyer.
One common reason why a mom may need to retain an attorney has to do with child abuse and/or spousal abuse. These types of situations are extremely sensitive, and must be handled with the highest level of care, especially when the mother and her children are in imminent danger from the abuser. Whether the father is her boyfriend, or her husband, there are specific legal actions that can be taken in order to protect a woman and her children from the father. An attorney can help her take out an order of protection against the abuser so he can be prohibited from contacting her or the children. If he violates the order of protection, he can face criminal consequences and potential jail time.


Can I Get Child Support in Probate Court?

Thursday, July 14, 2011

All too often when a parent dies who has minor children, the custodial parent loses out on child support. This is unfortunate but it can be handled in the probate proceeding. However, time is of the essence. The parent who takes care of the child or children should be vigilant to be sure that child support is paid even though the obligated parent is deceased.
First of all, under Minnesota Law the child is entitled to maintenance paid from the probate estate for at least 18 months after the parent's death.
Secondly, if there is child support which is past due, the custodial parent on behalf of the child may wish to make a claim on the estate for the unpaid child support.
Furthermore, the divorce decree may contain contract obligations that the deceased parent's estate may owe to the child or to the former spouse. This could include property settlements or support obligations that the decedent had agreed to or was ordered to perform as part of the divorce process.
The surviving parent should carefully examine the divorce decree for terms and conditions that may be enforced in the probate proceedings. Possibly even more significant is that point that the child may be entitled to a significant part of the estate of the deceased parent.


How Does DCFS Handle Reported Cases Of Child Abuse And Neglect?

Sunday, July 3, 2011

If the Department Of Child And Family Services (DCFS) could have one wish granted, it would be that they would never again have to investigate a case of child abuse or neglect.
This is unfortunately an unrealistic desire; and making it even more unfortunate is the fact that this department of the government is so inundated with investigation requests to help stop child abuse that it often takes a longer time than not to get to the bottom of the issue. And with over 100,000 child abuse cases brought to the department on a yearly basis, it is no wonder that time is of the essence when it comes to providing families with the relief they seek.
Signs of child abuse are fairly overt when an adolescent is sporting bruises, black eyes, broken bones, or other types of scars related to being physically assaulted by an individual over the age of eighteen.
But, recognizing the signs of child neglect are often not as easy to spot, much of the time because any outsiders to the situation don't know exactly what types of adult behaviors fall into the "neglect" category.


Notary, Conveyancing and Collaborative Law Explained

Thursday, June 30, 2011

If you look at the services provided by UK solicitors, it is obvious what some are dealing with, such as wills, divorce, change of name, copyright and road traffic offences, but some are not so obvious. This article explains three common legal services which have names that not everyone will know the meaning of.
Notary is a service that deals with officiating over non-contentious paperwork. A Notary will be an officer of the law and will hold a public office. Their duty is to prepare, attest, certify and authenticate documents for use in an intended country and they will seal these documents with the seal of the Notary. The seal will be registered with the Foreign and Commonwealth Office, consulates and foreign embassies and therefore is internationally recognised.
Common things to request notarial services for are the purchase of land overseas, authenticating personal documents for immigration or emigration, powers of attorney for use overseas and authenticating business documents and transactions.


Requesting an NICS Background Check

Saturday, June 25, 2011

The National Instant Criminal Criminal record check System (NICS) is actually an instantaneous criminal records check program that is used when an individual is attempting to buy a gun in America. The program is a direct result of the Brady Handgun Violence Prevention Act becoming signed into law on November 30, 1993. That Act requires that someone wanting to acquire a firearm submit to a criminal record search. While directly created by the FBI, the NICS was made via a joint work together with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice and state and local law enforcement agencies.
Just how the NICS Performs
According to the FBI's web site, all states have the choice to employ a state-based NICS program which serves as a middle man between the NICS system as well as the state's Federal Firearm Licensees (FFL). As a result, when selling a firearm, the FFL contacts a state-selected agency to begin the background check. Yet, when a state doesn't have a state-based NICS program, every FFL doing work in that state has to communicate with the FBI's NICS directly for the background check. Now, once an FFL triggers a background check, many countrywide FBI managed databases will be looked at using an person's name and available information (e.g., sex, dob, place of birth, address, etc.). The databases checked against include:
- The Interstate Indentification Index which maintains numerous criminal offender records.
- The NCIC which maintains info specific to individuals who are subject to warrants, have identified gang/terrorist associations, etc.
- The NICS Index which keeps intel not already within the other databases about individuals who're federally not allowed to have a gun.
- The Department of Homeland Security's U.S. Immigration and Customs Enforcement database is also queried when an application is initiated for someone who might be a non-U.S. citizen.
NICS checks are often accomplished within a few minutes after being requested and all queries that don't give back results can be able to proceed in contrast to any look-ups returning results which, prevent the sale of the gun, are refused. But, if the result's a probable ground for denying the application, the FFL is required to get in touch with the law enforcement / judicial bureau for information needed for an ultimate decision. In line with the Brady Act, that data should be given back within 3 working days and if not, the FFL has the opportunity to legitimately complete the transfer of the firearm. People who are rejected the purchase of a gun may ask that the NICS or the state which processed their exchange provide the factors behind the denial.
Using the NICS Database
Entry to the NICS is restricted just to those organizations authorized by the FBI. The intel is recorded federal information and the FBI undertakes considerable measures to ensure the security and reliability of the information. In October 1998, the Attorney General posted laws on the privacy and security of NICS intel, such as the suitable and formal utilization of this information. The info distinct to criminal history checks that result in an allowed application is deleted. Additional info regarding the privacy and security of the NICS database is accessible on the FBI's web site.

Plastic Surgery, Medical Malpractice and Personal Injury

Sunday, June 12, 2011

Plastic surgery, when done correctly using safe and proper medical devices and products, can result in a heightened sense of self-esteem and a greater overall sense of well being. When something goes wrong, the consequences can be life altering or even life threatening. Litigation involving plastic surgery can relate to a mistake the surgeon made, thus a medical malpractice case, or the case can involve a particular defective product, which usually gives rise to products liability claims. In either case, the advice and counsel of an experienced malpractice, products liability, or personal injury attorney is helpful to determine whether a valid claim exists and to ensure the best possible outcome.
One of the most prevalent types of medical-device products liability lawsuits in recent years involves breast implants. Breast implant litigation has included many individual lawsuits, as well as class action suits involving large groups of women, alleging that they have been injured by and suffered serious health consequences as a result of leaking silicone or other defects in their implants. Many of these cases have resulted in jury verdicts or settlements in favor of the injured women. Breast implants are not the only medical devices that have been the subject of litigation, but they are perhaps the most noteworthy in the plastic surgery context. In breast implant cases, as in any case involving an allegedly dangerous product, the manufacturer and perhaps others in the chain of distribution may be held liable for damages caused by the defective product. Possible claims include negligence, strict liability, and breach of warranty, and possible defendants include the manufacturer of the product itself, the manufacturer of a component part, a distributor of the product, and the product seller.


Expanding Businesses and the Need for Legal Assistance

Saturday, June 4, 2011

As your business expands, the number of employees that you hire will correspond with the growth of your company. Building and maintaining the integrity of your relationship with your employees will be of the utmost importance for the success of your enterprise. Especially since every business owner knows that success relies upon the structure and hard work of its staff an, the fruits of their labor.
An honest and ethical team is essential to any corporation, and building a successful team is the responsibility of management. The larger a corporation gets, the greater the need for making sure that all of the legal aspects are in line. A failure to comply with the law in any large or small way can destroy a business, and cost them hundreds of thousands if not millions in damaging lawsuits and litigation costs.
Once you build a successful team, it is crucial that as owner, you keep it that way. With the help of an experienced commercial litigation attorney, you can have all matters pertaining to business law completely addressed and, their help can guide you through all the legal matters that you must address. What types of issues might need to be resolved in order to be in compliance with the law and legal procedures?