Posts Tagged ‘bookmarks’

Legal Insurance Germany

legal insurance germany

DUI in Germany–transfer to VA?

DUI traffic stop by German police. Referral to Military Police. Non-judicial punishment and revocation of US Army Europe driver’s license. No legal action, defense, conviction, etc. Provost Marshal is supposed to inform Virginia. Almost 3 months ago. What, if anything, might Virginia do to the license, and how might insurance (USAA) respond. Please, no nongermane, anti-drunk-driving answers.

There are always two aspects to a dui: the criminal aspect handled through the courts, and the administrative aspect handled through the state’s licensing agency. You have remedies of due process for both, but in my opinion it gets a lot more complicated dealing with a transportation department.

The first thing you should probably do is go online and order a copy of your driving history through the DOT website. If nothing shows up there, and your license is inforce, you might be in the clear.

Since there was never a conviction in a court of law, I would think it might be difficult for them restrict your drivers license, because they have no way of ensuring your due process rights were preserved. Every state has a statute recogizing dui convictions from other states, and they will restrict your license accordingly. But even a traffic ticket must result in conviction before it can go against your license. Absent conviction, I would think you have a very strong argument that your license in VA can’t be suspended.

Litigation Services Definition

litigation services definition

Black is still looking for "fully justified" after 2 of 4 convictions convicted fraudster Conrad Black lifted continue to maintain innocence and has not given up looking for a "complete rehabilitation", despite a U.S. court ruling on Friday confirmed that two of his convictions overturned, but a serious number of obstruction of justice and provided with a further fraud.

Group Litigation Order Law Society

group litigation order law society

The loneliest Analyst If a Florida bank analyst Richard Bove sued in X. leave for his criticism of the financial health of his colleagues and his employer him.

Az Litigation Support

az litigation support
Daily Dose: 07.30.10
Nation >>Dozens of protestors arrested on first day of Arizona’s new immigration law Phoenix, AZ- On Thursday, July 29, dozens of protesters of Arizona’s newly-signed immigration law were arrested. Thursday marked the first day that Arizona enacted the law. Several opponents of the law pursued…
Mesa AZ Process Server – Decker Process Service

Great Job Agencies in the US

Are you searching for the perfect job? Here we provide a list of agencies around the country offering temporary staff jobs of all kinds. Just browse over the list and give the agency a call or a visit.

Employment agencies are known as companies, which match workers in certain open jobs. The temporary agency is different from the recruitment firm for it intends to place employees under permanent employment. However, there is usually a big overlap. The temporary employee may become a permanent employee. There are also cases wherein a worker is hired by a company as a permanent worker but may enter as a trial temporary employee.

Here is a list of agencies around the country, which offers temporary staff jobs of all kinds. Just browse over the list and give the agency a call or a visit:
A-Plus Staffing, Inc.
Temp-to-Hire, Temp, Contract placement and Direct Hire which include Finance/Accounting, Administrative, Healthcare, Call Center, Technical/IT, Legal and Light Industrial. Integrity is the company’s foundation by which they strive to create partnerships, which would help their clients as well as associates envision a great future full of unlimited possibilities regarding the employment services in which they would be the conduits in attaining that vision.

Address: 2911 Turner Road, Suite B-11, Richmond, Virginia (VA), 23224, US
Tel: +1 804 7143404

AAA Employment Agency, Inc.
Employment Legislation Consultancy
Recruitment Agencies
Recruitment Consultancy
Supervisor Recruitment Consultancy
Technical Information Services
Second Income Recruitment Agencies
Home Worker Recruitment Agencies
Temporary Staff Recruitment Agencies
Address: 1501 Edgemore Avenue, Suite A, Salisbury, Maryland (MD), 21801, US
Tel: +410 546 5955
Fax: +410 548 5312

Account Ability LLC
Permanent, contract personnel or temporary for information technology and accounting positions are provided for best companies in the region.
Address: POB 1149, Grand Rapids, Michigan (MI), 49501, US
Tel: +800 286 2858
Fax: +616 257 8812

Active Staffing Services
Company Overview:
Contract Labor
Recruitment Agencies
Consultancy or Services
Secretarial Staff Recruitment
Technology Personnel Recruitment Agency
Promotional Staff Recruitment
Machine Operator Recruitment
Packaging Industry Staff Recruitment
Operator Recruitment
Receptionist Recruitment
Call Center Staff Recruitment
Temporary Staff Recruitment
Address: 41 West 33rd Street, New York, New York (NY), 10001, US
Tel: +212 244 6444
Fax: +212 244 1015

Advicepoint LLP
Legal Staff Recruitment Agencies
Executive Selection or Management Recruitment Agencies/Consultancy /Services
Promotional Models
Recruitment Consultancy
Personnel Recruitment Technical Staff Agencies/Consultancy /Services
Technology Personnel Recruitment Agency
Promotional Staff Recruitment
Temporary Staff Recruitment Agencies
Address: 775 Commonwealth Avenue, POB 15263, Boston, Massachusetts (MA), 02215, US
Tel: +1617 719 5655

Availability, Inc.
Financial Staff Recruitment Agencies
Screening or Healthcare Services
Nursing Staff Recruitment Agencies
Office Staff Recruitment Agencies
Temporary Staff Recruitment Agencies
Address: 235 East Center Drive, Suite A, Alton, Illinois (IL), 62002, US
Tel: +618 465 6449
Fax: +618 465 1231

Beaver Personnel Inc.
Contract Labor and Recruitment Agencies/Consultancy /Services
Plastic Industry Staff Recruitment
Recruitment Consultancy
Printing Industry Staff Recruitment
Consulting Engineering Recruitment Consultancy
Factory Production Worker Recruitment Agencies
Desktop Publishing Recruitment Consultancy
Project Manager Recruitment Consultancy
Supervisor Recruitment Consultancy
Personnel Recruitment or Technical Staff Agencies/Consultancy/Services
Packaging Industry Staff Recruitment
Temporary Staff Recruitment Agencies,
Address: 265 West 14th Street, Suite 1103, New York, New York (NY), 10011, US
Tel: +212 243 5540
Fax: +212 243 1266

Bryant & Company
Training
Professional Development Services
Project Management
Sales Training
Interactive Web Site Design
Web Site Hosting Software
Temporary Staff Recruitment Agencies
CFR Executive Search
Recruitment Consultancy /Services/Agencies
Contract Labor
Accounting Personnel Recruitment Consultancy/Services/Agencies
Executive Search Consultancy
Recruitment Consultancy
Temporary Staff Recruitment Agencies
Address: 175 West Jackson, Suite A645, Chicago, Illinois (IL), 60604, US
Tel: +312 435 0990

COMFORCE Staffing Services
Computer Software Development
Artists
Graphic Designers
Office Staff Recruitment Agencies
Temporary Staff Recruitment Agencies
Staff Leasing
Temporary Staff Payroll Services
Address: 40 East Midland Avenue, Paramus, New Jersey (NJ), 07652, US
Tel: +888 535 5533
Fax: +201 599 1947

Drake
Business Process Outsourcing
Electronic Commerce (eCommerce) and Internet Software
Business Process Management (BPM) Software
Information Technology (IT) or Computer Personnel Recruitment Consultancy/ Services/ Agencies
Electronic Commerce (eCommerce) or Internet Services
Project Management
Internet Training
Internet Based Software
Warning Signs
Interactive Presentation Products
Team Development Information Technology (IT) Staff Training Programming
Basic Courses
Writing
Internet Training
Temporary Staff Recruitment Agencies,
Address: 55 East Huntington Drive, Arcadia, California (CA), 91006, US
Tel: +626 445 8900

Elite Personnel, Inc.
Training
Recruitment Consultancy
Computer Training
Computer Software Training
Temporary Staff Recruitment Agencies
Address: 3 Metro Center, Mezzanine Level, Bethesda, Maryland (MD), 20814, US
Tel: +301 951 3333
Fax: +301 907 9522

Exclusive Staffing of Virginia, Inc.
Temporary Staff Recruitment Agencies
Training
Corporate Image Project Management
Recruitment Consultancy
Address: 411 E. Franklin Street, Suite 501, Richmond, Virginia (VA), 23219, US
Tel: +804 644 1808
Fax: +804 643 5144

FORUM Personnel, Inc.
Temporary Staff Recruitment Agencies
Engineering Services
Office Services or Equipments
Accounting Personnel Recruitment Consultancy/Services/Agencies
Information Technology (IT) or Computer Personnel Recruitment Consultancy/Services/Agencies
Legal Staff Recruitment Agencies
Management Accounts Financial Services
Human Resources (HR) Consultancy
Human Resources (HR) Recruitment
Bookkeeping Consultancy
Address: 260 Madison Avenue Suite 200, New York, New York (NY), 10016, US
Tel: +212 687 7200

G.D. Barri & Associates, Inc.
Engineering Contracting
Contract Staff Recruitment Agencies
Recruitment Consultancy
Temporary Staff Recruitment Agencies
Address: POB 6509, Glendale, Arizona (AZ), 85312, US
Tel: +623 773 0410
Fax: +623 773 2924

Global Network Security Consultants, LLC
Temporary Staff Recruitment Agencies
Security Services
Internet Network Management Services
Internet Security Products
Human Resources (HR) Consultancy
Address: 67 Buck Road, Suite 106, Huntingdon Valley, Pennsylvania (PA), 19006, US
Tel: +267 988 8692
Fax: +877 861 2588

Hobart West Group
Recruitment Business Advice
Temporary Staff Recruitment Agencies
Litigation Support Business Consultancy
Recruitment Consultancy
Legal Staff Recruitment Agencies
Address: 25A Vreeland Road Suite 103, Florham Park, New Jersey (NJ), 07932, US
Tel: +973 377 7750

Home Health Aide, L.L.C.
Temporary Staff Recruitment Agencies
Component Cleaning Services
Technical Surveillance Countermeasure Investigation
Detective Agencies/ Corporate/Private Investigation Services
National Vocational Qualification (NVQ) Adult Care Training
Contract Labor
Construction Equipment or Plants Operatives
Taxation Consultancy
Address: 2 Pidgeon Hill Drive #210, Potomac Falls, Virginia (VA), 20165, US

Horizon Staffing Solutions
Temporary Staff Recruitment Agencies
Office Staff Recruitment Consultancy
Office Staff Recruitment Agencies
Human Resources (HR) Recruitment
Recruitment Consultancy
Address: 2001 Marcus Ave E240, New Hyde Park, New York (NY), 11042, US
Tel: +516 358 4141

Hunter
Temporary Staff Recruitment Agencies
Receptionist / Call Center/Operator Staff Recruitment
Accounting Personnel Recruitment Consultancy/Services/Agencies
Information Technology (IT) or Computer Personnel Recruitment Consultancy/Services/Agencies
Legal Staff Recruitment Agencies
Executive Search Consultancy
Management Accounts Financial Services
Human Resources (HR) Consultancy
Human Resources (HR) Recruitment
Search Engine Placement Services
Address: 656 Elmwood Avenue Suite 303, Buffalo, New York (NY), 14222, US
Tel: +800 397 5991

Jaci Carroll Staffing
Temporary Staff Recruitment Agencies
Environmental Employment
Training
Recruitment Consultancy
Personnel Recruitment or Technical Staff Consultancy/Services/Agencies
Training Materials
Address: 751 Straits Turnpike, Suite 1000, Middlebury, Connecticut (CT), 06762, US
Tel: +203 574 4838
Fax: +203 756 9772

Jordan and Jordan
Temporary Staff Recruitment Agencies
Executive Search Consultancy
Project Management
Management Consultancy
Technology Management
Address: 5 Hanover Square, New York, New York (NY), 10004, US
Tel: +212 422 8567

J.R. Personnel, Inc.
Company Overview:
Recruitment Agencies
Human Resources (HR) Performance Management Consultancy
Temporary Staff Recruitment Agencies
Address: 7 Essex Green Drive, Peabody, Massachusetts (MA), 01960, US
Tel: +978 531 6160
Fax: +978 532 5948

Keena Staffing Inc.
Temporary Staff Recruitment Agencies
Taxation and Accountancy Services
Payroll Services
Human Resources (HR) Performance Management Consultancy
Human Resources (HR) Consultancy
Human Resources (HR) Recruitment
Recruitment Consultancy
Address: 147 Ridge Street, Glens Falls, New York (NY), 12801, US
Tel: +518 793 9825
Fax: +518 793 0224

Luminare
Temporary Staff Recruitment Agencies
Internet Based Training
Training Consultancy
Workflow and Knowledge Management
Strategic Management Consultancy
Technical Performance Consultancy
Address: 345 E. 52nd Street, New York, New York (NY), 10022, US
Tel: +415 882 9372

MACK Employment Services, Inc.
Contract Labor
Recruitment Agencies/ Consultancy/ Services
Technical Staff Recruitment Agencies/Consultancy/Services
Personnel Recruitment Agencies/Consultancy/ Services
Temporary Staff Recruitment Agencies
Address: Reading, Pennsylvania (PA), US
Tel: +610 670 6500
Fax: +610 670 5542

Marathon Staffing
Temporary Staff Recruitment Agencies
Nursing Staff Recruitment Agencies
Employee Selection Consultancy
Office Staff Recruitment Agencies
Address: 581 Boylston Street, Suite 604, Boston, Massachusetts (MA), 02116, US
Tel: +617 424 7240
Fax: +617 424 6851

Pal Personnel Services
Personnel Services
Temporary Staff Recruitment Agencies
Recruitment Consultancy
Address: 200 W. Monroe Street #1300, Chicago, Illinois (IL), 60606, US
Tel: +312 558 3550

Turnberry Solutions, Inc.
Investment Services
Business Strategy Consultancy
Computer Software Development
Database Design
Office Staff Recruitment Agencies
Project Management
Technology Business Consultancy
Interactive Web Site Design
Temporary Staff Recruitment Agencies
Address: 120 Davis Drive, Suite 100, North Wales, Pennsylvania (PA), 19454, US
Tel: +215 654 9991
Fax: +208 575 0208

United Personnel Services, Inc.
Recruitment Consultancy
Office Staff Recruitment Consultancy
Human Resources (HR) Recruitment
Temporary Staff Recruitment Agencies
Address: 1331 Main Street, Springfield, Massachusetts (MA), 01103, US
Tel: +413 736 0800
Fax: +413 747 9021

Litigation Hold Letter Sample

litigation hold letter sample

Buying a Franchise – Evaluating Franchise Investments and Franchise Disclosure Documents – Tips From a Franchise Expert and Franchise Attorney

Millions of people dream about owning their own business. Having the independence that being your own boss brings, the security that no one can fire you, enjoying a good income – and for the most successful – the accumulation of wealth and prosperity. Unfortunately, the cards are stacked against a new small business making it big – or making it at all. An endless stream of problems makes competition from large, sophisticated chains too intense. Many new start-ups end as failures.

Buying a franchise represents a different approach to starting a business.  For an upfront franchise fee plus ongoing royalty payments, the parent company teaches its business model and methods to the franchised-operator who shoulders all operating and financial responsibilities of the outlet. Some statistics are impressive: it is said over 40% of all U.S. retail sales are through franchised establishments. While franchise giants like McDonalds, KFC, H&R Block and Radio Shack are familiar, household names, franchises are available in a wide range of industries. The list of 3,000-plus companies selling franchises span over 100 different industry categories.

American Dream … Or Nightmare?
But just as franchising represents a chance to get rich, it’s also a chance to get stung. An alarming number of franchised operators make less than the minimum wage, working seven days, sixty to eighty hours a week, pursuing an expensive and elusive American Dream that turns into a nightmare. Since the ongoing franchise royalty payment comes right off the top, as a percentage of gross sales or a fixed minimum amount, the franchise company gets an assured revenue stream, even if its franchised units are operating unprofitably and are sold over and over again to new, unsuspecting buyers. The internet is filled with comments of the many people who lost $250,000 and more on concepts like eBay Drop off stores (iSold It), 30 Minute Fitness concepts (Curves), The UPS Store, etc. Yet many of these companies continue to sell and resell franchises over and over again. How do they accomplish that? Because there are enough people who think they can “believe” their way to success, even with a concept or business that’s not working in the marketplace. As discussed below, in many cases franchise investment decisions are incredibly based on emotionalism, not on business logic or even common sense.

Ownership And Being Your Own Boss?
Pride of ownership and being your own boss are highly touted phrases in franchise recruitment ads. But these are more fantasy than reality. Although you get all the financial exposure, headaches and stress of business ownership, what do you really own? A franchise owner is merely licensing a trademark (or service mark) from a company that dictates every detail of business operations. So the real boss isn’t you, but the company that sells you their franchise rights . . . and sea of franchise obligations.

Equity Build up?
But at least you’re building up equity, the ownership value of the business as a going concern beyond your investment of money, to compensate for all those years of hard work and long hours – right? Wrong – at least in the world of franchising. The franchise company reserves rights to acquire your entire business at below wholesale prices if their contract is not followed precisely. The acquisition rights provide for predetermined asset-based valuations, like book or liquidation value. These valuation methods provide bare minimum compensation (the used value of some file cabinets, office furniture, equipment, etc.) and are not generally used to determine the selling price of any business.

Absolutely no compensation is paid for established goodwill, the value of a business that is generating $X in profit or cash flow every month after years of effort, investment and expense – thus eliminating the most valuable ownership asset. Of course, you may be able to sell your franchise to a third party for a sales price that includes an earnings-based valuation. But that’s possible only if:
(a) you can find a buyer who is willing to live within the complexities of a franchise relationship, and
(b) you happen to own a franchise that’s showing healthy profits.

What follows is a bottom-line franchise checklist and tips compiled by franchise attorney and franchise expert, Mr. Franchise, based on reviewing over 500 franchise offering circulars and twenty-eight plus years of experience in the franchise industry – including ownership of a very successful franchise. These factors to consider in making a franchise investment will help you eliminate 95% of the companies you are considering. Then, you can concentrate your efforts on the 5% “cream” of the crop” companies that may deserve consideration. This franchise checklist assumes you’re suitable for and willing to live within the confines of a franchise relationship. It also assumes the franchise company:

(1) has itself successfully operated the concept being franchised for at least five years at multiple locations;
(2) is not plagued by franchise litigation and franchise lawsuits from disgruntled franchise owners;
(3) does not have unusually high franchise attrition rates (owners who have “left the system”); and
(4) has a balanced, fair franchise contract.

SOLD It – An American Dream That Turned Into A Nightmare
An example of a franchise company in trouble that failed to meet basic threshold standards is iSOLD It, an eBay drop-off store franchise. The company started its one and only company-owned store in November of 2003. Just weeks later, on December 10, 2003 they filed an application to sell franchises. The California Department of Corporations didn’t say “What are you thinking? You’ve only been in business a couple weeks, how can you even consider selling franchises?” Nor did they require this be disclosed as a risk factor on the cover page of the Franchise Offering Circular, as it should have. Disclosure responsibilities ultimately rest with the company (and its attorneys), and this will become one of many issues in future franchise litigation.

Instead, the Department simply collected its $675 filing fee and issued an order declaring the franchise registration effective the next day – on December 11, 2003. Then the magic of franchise marketing  took over. By 2006 the company had nearly 200 franchised drop off stores in operation and was touted by Entrepreneur Magazine as #1 in their list of “Top New Franchises for 2007” and #17 on their “Hotter Than Hot” franchise list. Entrepreneur Magazine, which requires franchise companies to submit their FOC’s (Franchise Offering Circulars) for supposed review each year before they’re listed, didn’t consider the high attrition rate (franchise owners leaving the system) or the fact that the audited financials in their FOC showed the company hadn’t operated profitably since 2004 as serious negatives and awarded iSold It the #1 listing for Top New Franchises of 2007. How did all of this happen? It’s yet another bizarre reality in the world of franchising.

The franchise company’s audited financial statements for the year ended 12-31-05 showed an operating loss of $1.1 million. Nine months later, in September of 2006, the net operating loss mushroomed to over $4 million.

In its November 3, 2006 Franchise Offering Circular, the table in Item 20 disclosed a total of 10 franchise owners leaving the system, yet a hand count of Exhibit D-3’s “Former Franchisees” revealed a significantly different number – 44. A similar “discrepancy” exists about franchise transfers. Item 20 says 12 transfers whereas Exhibit D-3 discloses 27.

In a long overdue letter distributed to franchise owners on April 5, 2007, CEO Ken Sully painted a dire picture of an American Dream that had turned into a nightmare. Mr. Sully’s letter admitted the company has not been profitable since 2004 (according to the audited financials, the company showed its one and only operating profit of $356,286 in 2004 before the precipitous downward spiral of 2005 and 2006). Over 60 franchised stores have closed and many more are struggling for survival. Mr. Sully observed “Tragically, many individuals who believed passionately in the potential for the category have lost sizable investments, including homes and retirement savings.”

Lost homes and retirement savings? How could such a travesty happen? I counseled a number of persons considering an iSold It franchise and warned all of them against the investment. Fortunately, they followed my advice. The concept was never proven in the marketplace before franchise efforts began, violating the most basic Franchise 101 precept. I also felt the management team lacked strong franchise credentials and the five-day training program was woefully inadequate. Finally, the franchise company was operating increasingly in the red and had a high attrition rate (owners leaving the system). It didn’t take a lot of brain power to see this was an accident waiting to happen. I predicted the bubble would burst and, sadly, it did.

Common sense could and should have prevented so many people from losing so much. Unfortunately franchise sales persons appeal to emotions (passions and potential, to use Mr. Sully’s terms) and strive to keep common sense and business logic out of the buying equation. If a franchise company is able to obtain a ranking on a media list, the sale is even easier. Reprints of high rankings on lists, like Entrepreneur Magazine, are included in the package given to franchise buyers, who are lulled into a false sense of security and begin to stumble over each other in a rush to sign up before someone else takes their desired territory (another favorite closing technique used to sell franchises).

iSold It! amended its FOC at the end of May, 2007 to add some long overdue risk factor language to the cover page of its Franchise Offering Circular. Hmmmm… maybe they read my comments above and did a little research. The new FOC cover page risk factor language says their “franchise system is still new and unproven.” That’s very interesting. How can they say a franchise system, that’s approaching its fourth anniversary, is “still new?” Maybe they’re looking at things from a ‘how old is our universe’ perspective? The word “unproven” is another play on words. The system is most certainly proven in the sense that many people, to quote Mr. Sully, “have lost sizable investments, including homes and retirement savings.” So why not use this quote directly in their Franchise Offering Circular? Answer: can’t sell any franchises that way.

In an August 31, 2007 Business Week article, CEO Sully claimed it wasn’t necessary to disclose these risk factors in the FOC. His reasoning: “We told everybody that this is sort of like the wild, wild West” he says. “It’s a brand-new concept and nobody knew for sure where it was going.” Disclosure was added to the UFOC recently, he says, “because of the number of stores that weren’t understanding the complexity of the business.” Hello? You don’t tell your franchise investors after the fact what you were required to disclose in the FOC before they bought so they could make an informed investment decision. That’s the purpose of franchise disclosure laws. And claiming written disclosure of risk factors in the FOC is not necessary if a prospective buyer hears a salesman’s verbal wild, wild West story ignores franchise disclosure responsibilities and is really an admission the company failed in this regard. With its amended FOC, the company incredibly continues marching forward with franchise marketing efforts.

Now, let’s consider the franchise checklist and factors to consider before any leap into franchising.

INDUSTRY TREND
Is the franchise in a cutting-edge industry that is doing well currently and is projected to do well in the future despite any economic slowdown? Education and home-improvement services are stable categories. Food is over-saturated generally and, except in exceptional circumstances, is not worth the high investment, long hours, headaches and marginal income.

TOTAL INITIAL FRANCHISE INVESTMENT
In general, don’t expect a franchise that requires a five-figure initial franchise investment to produce a six-figure income. As with most things in life, you get what you pay for. On the other hand, don’t assume a six-figure investment will lead to a six-figure income level. Be realistic and conservative. Is the total initial franchise investment range (including working capital) $125,00 or less; and the maximum investment less than $200,000? You can find solid companies in this investment range if you’re willing to look around.

Don’t forget to consider long-term financial commitments, particularly the real property lease (see discussion below under “LEASING AND LOCATION”). Also, the working capital estimate (called “additional funds” in Item 7 of the company’s franchise offering circular) does NOT cover operations up to the break-even point. It only covers a short initial phase (usually only three-months) of operating costs As the break-even point (where revenues cover all operating costs) may not happen for one, two or more years, knowing only what it’s going to take to get you through the first 90 days is not helpful – in fact it may set you up for financial suicide. In many cases, reaching the break-even point can require more reserve funds than the total initial capital investment. Don’t ever forget the name of Item 7 in the Franchise Offering Circular: “Initial Investment.” If you don’t have enough reserve capital to reach the critical break-even point, your entire investment will go down the drain and franchise failure occurs.

One franchise owner in a relatively low investment and low operating cost window cleaning franchise said his biggest surprise was how long it actually took his franchise to be profitable. Going in, he thought it would take 12 to 15 months. It ended up taking twice that time. Fortunately, he had enough reserve capital to make it there, but declined to say what his actual franchise profits or income level were once he reached “franchise profitability.” If you’re operating just above the break even point and making less than minimum wage, is that anyone’s definition of success?

REAL BUSINESS
Is this a legitimate retail business, as opposed to a “work out of your home” operation? The vast majority of work out of your home concepts produce marginal income at best.

FRANCHISE MANAGEMENT EXPERTISE
Does the management team of the franchisor (the company selling you the franchise) have executives with demonstrated past achievement and experience in operating a franchise company (not just persons who have sold franchises)? If not, this is a big RED FLAG. Many companies enter franchising and fail to realize they are in a brand new business – one requiring entirely different management skills and abilities to navigate franchise relationships. A seasoned franchise management infrastructure must be in place. If the franchise management team lacks strong franchise credentials, or does not receive ongoing advice from qualified individuals, you might as well take a trip to Las Vegas with the money you’re intending to invest. Your chances of making vs. loosing money are roughly equal.

NORMAL WORKING HOURS AND DAYS; SUFFICIENT FRANCHISE INCOME LEVEL
Will the nature of the business allow you to work a normal five-day, forty-hour workweek? Life is too short for the seven-day, sixty to eighty hours a week, workaholic lifestyle that destroys health, family and pocketbook. Financially, we’ve calculated the true hourly rate for franchise owners who work these workaholic hours and discovered many are making far less than the minimum wage. One couple who operated a $200,000 fancy pizza franchise in an upscale mall were shocked to discover they were making fifty cents an hour each. Hardly an income level to recoup or justify the franchise investment. Many more fast-food franchise operators make even less, or operate at a loss until their funds, retirement savings, homes, etc. are exhausted. Buying a franchise in a non-food industry doesn’t necessarily improve the franchise profit picture. In a 2006 article “Mail Boxes Etc. Owners Fighting UPS Conversion,” a Mail Boxes, Etc. franchise owner who operated his franchise since 1993 reported profits for a typical MBE store like his were $16,000 per year after paying royalty and advertising fees to the franchise company. That calculates out to about $8.33 per hour for a forty-hour work week, approximately the wage of an entry fast-food worker.

Another major shortcoming of disclosures in the Franchise Offering Circular is not telling you how much money the franchises in the network are making. Instead of answering what is the most important question in a franchise investment decision, the franchise disclosure laws make this “optional” for the franchise company to answer or not. If they do answer this critical question, it will be found in Item 19. But don’t hold your breath – more than 90% of franchise companies “decide” not to answer this question. It’s another bizarre reality in the world of franchising. Although they collect complete monthly (and in many cases, weekly) financial profit and loss statements from their franchise owners, and know exactly how much their franchises are making (or losing), more than 90% decide not to share this information before you buy one of their franchises. A number of franchise salespersons have told persons asking this question: “the franchise laws don’t allow us to answer that question.” Nothing could be further from the truth.

And just because you’re a business executive making a 6-figure income now, don’t assume this income level will be duplicated in a franchise investment just because the company “approves” your application. One such executive, despite a plethora of negative feedback from current and past franchise owners who’d lost everything, marched forward with her franchise investment in a 30-minute fitness concept. Despite her 6-figure income, she didn’t invest a dime in professional franchise evaluation advice and stated she was taking a leap of faith, hoping to build her wings on the way down. Build her wings on the way down? Sound’s (and is) crazy, but this happens all the time. Due to the ploys of the franchise salesperson, too many franchise investment decisions are based on emotionalism. Prior business skills, business sense (and even common sense) are short-circuited. Needless to say, if this business executive made a similar investment decision for her corporate employer paying the 6-figure salary, she would be promptly fired.

MINIMUM NUMBER OF EMPLOYEES
Can you operate the franchise business with 6 or fewer employees? Managing dozens (or in the case of some fast-food operations – hundreds) of minimum-wage teenagers who are constantly quitting or simply not showing up for work is a royal pain in the ….. Well, you know what we mean.

LEASING AND LOCATION
For most retail franchises, the triple net lease of the location is the biggest financial commitment, larger than the total franchise investment. Yet, the typical real estate lease and its ramifications are not required disclosure in any Franchise Offering Circular (FOC). For example, an estimate that you’ll need 2,000 sq. feet of space with expected rental of $5 to $10 a foot per month is normally disclosed in the Franchise Offering Circular’s initial investment table as Leased Real Estate $10,000 to $20,000. A footnote to the investment table may say “assumes 2,000 sq. ft. at $5 to $10 a foot.”

But, that’s only the beginning of a much longer story. The lease is normally a 5 to 10 year triple-net lease. So, the financial commitment made when the lease is signed is at least $600,000 (at $5/foot for 5 years) to $2,400,000 (at $10/foot for 10 years). And this doesn’t include substantial, additional obligations to pay all of the landlord’s yearly property taxes, insurance, common area operating expenses, etc. With hundreds of thousands (or even millions) of dollars in financial obligations at stake, personal guarantees and other risks, more than just a warm, fuzzy feeling that everything will work out is necessary.

Key questions to ask here:

(a) is the franchise you’re considering one that can be operated in a low rent commercial business zone? Avoid franchises requiring the costly expenses and triple-net leases of a visible retail storefront and the extravagant rent associated with areas of high foot traffic, like shopping malls. You’ll sleep much better at night.

(b) What’s your total financial commitment under the lease?

(c) Do you have sufficient liquid assets (or a willing, sufficiently liquid third party guarantor) to meet the landlord’s lease qualification standards?

If you don’t, you might as well forget about investing in the franchise. Or even worse, getting involved in a questionable franchise and business model, then realizing you’ve made a big mistake – and discovering you’re on the hook personally for a $500,000+ lease obligation.

A related real estate variant is securing a lease with a sufficient term (with renewal options) to recoup your investment and make a profit. In July, 2005, an attorney in her mid-forties purchased an existing ice cream store franchise for $375,000 believing it to be a “once-in-a-lifetime opportunity.” Trading her briefcase for an ice cream scoop, she attended the company’s 11-day Ice Cream University and assumed operations of the ice cream store. Turned out it was an opportunity – but only to inherit a store with numerous problems. These problems included (but were not limited to) a lease that would expire the following summer and a landlord who’d previously announced the lease would not be renewed. Rather than pay the $100,000-plus in relocation costs, the attorney returned to the practice of law, but is still paying off $350,000 remaining on the loan taken out to buy the once-in-a-lifetime franchise opportunity. Although there’s a franchise lawsuit pending, it’s yet another case of “franchise fever” – this time attacking a professional no less. Who would ever commit to paying $375,000 for an existing retail franchise without checking out the l-e-a-s-e? Sound’s like another bad attorney joke, but I can guarantee she’s not laughing. Business fundamentals were ignored or forgotten in the rush to acquire the opportunity of a lifetime. And I’m willing to bet not a dollar was spent on competent, pre-investment franchise advice.

IMAGE AND LIFESTYLE
How does flipping burgers, scooping ice cream and cleaning restrooms fit the image of what you want to do for a living? Investing in a franchise will be the most important financial and psychological decision you ever make. Many prospective franchise owners fail to realize they’ll be wearing virtually every hat at some point, from salesperson to bad-debt collector, from firing employees to bathroom janitor. The franchise owner is usually the first one to arrive in the morning – and the last one to turn out the lights late at night. And you’ll need to forget about corporate perks like paid vacations, paid holidays and sick pay. In their place, substitute financial pressures, unexpected events and money draining out of your savings and retirement accounts. Does the typical working day and responsibilities of the franchise you are considering fit your personal image and desired lifestyle? You can experience some of this BEFORE you invest by working for a couple weeks in an outlet owned by one of the existing franchise owners.

TRUE FRANCHISE VALUE
Buying a franchise from a “blue chip” franchise company that has spent decades and hundreds of millions on advertising to develop their brand can make a lot of sense. These companies have “true franchise value” that compensates for the long-term disadvantages of ongoing royalty and advertising fund payments. Often these additional payments literally mean the difference between earning a profit and operating at a loss. In unknown franchise chains with little or no brand recognition, you the franchise buyer are building their brand from scratch, and are saddled with severe, long-term competitive disadvantages.

In these unknown franchise chains, you have to ask yourself a simple, common sense question. What value is the company giving you that you couldn’t learn on your own by working at one of their locations as an employee for a couple months? Franchise truth be told, what most unknown franchise companies are selling is just a business opportunity – teaching you how to get into a new business venture. But unlike a business opportunity seller that charges a one-time fee to help get you into business, they call it a “franchise” and charge ongoing royalty and advertising fees like they’re a McDonalds or other blue chip franchise company.

The reality is they’re not a McDonalds type franchise – not even close to one. In the majority of these lesser-known franchise chains, you’d be much better off starting an independent business on your own. You can learn most or all of their so-called “secrets” in the franchise interviewing process and by talking to (and possibly working a short time for) existing franchise owners.

FRANCHISE PROFITABILITY & “SUCCESS”
Dr. Timothy Bates’ study released in 1993 by the Entrepreneurial Growth and Investment Institute in Washington, DC (and another study published in 1996) was the first to compare start-up costs, franchise profitability and franchise failure rates for franchised vs. nonfranchised firms. In his analysis of some 7,270 firms over the test period, Dr. Bates found that startup capital for a franchised business averaged $85,293 compared with average startup capital for nonfranchised firms of $30,156. In 1987 nonfranchised firms reported average pre-tax net income of $19,744 as compared to a loss of (-$1,548) for franchised firms. Dr. Bates concluded “Despite their larger revenues, much better capitalization, and their supposed advantages of affiliation with a franchisor parent firm, the franchisees lag behind cohort young firms in profitability and rates of survival.”

The franchise companies ignore both studies by Dr. Bates, pretending they never happened. Instead, other techniques are employed. For example, some franchise companies use misleading success statistics to sell their franchises. Their promotional materials say franchises generally enjoy a 90% success rate, compared to less than 20% for independent firms. These figures are based on unverified information supplied thirty years ago by a select, non-representative group of franchise companies. A full third of the companies receiving “questionnaires “ elected not to participate. There was no verification of any of the information supplied by the franchise companies, not even random, spot checking. Nor was any effort made to identify franchise companies who, along with the franchise owners in their chain, had gone out of business.

Even more recent “studies” saying nine out of ten franchise owners (90%) consider their franchise to be somewhat or very successful also suffer from serious methodological flaws. These were simply telephone surveys of franchise owners who were still in business and asked to say (with absolutely no definition of the term “successful”) whether they felt their business was “very unsuccessful,” “somewhat unsuccessful,” somewhat successful” or “very successful.” Franchise owners who had gone out of business or bankrupt were not included in the survey.

Even if terms are defined and a representative sample obtained, franchise owners can be a quirky group. Hence the need, as in Dr. Bates’ studies, for review of financial data. I remember evaluating an existing franchise for a client. I asked the current owner of the franchise if his business was successful. He said it was very successful. But his financial statements revealed a different picture. He’d never taken a dollar out of the business for himself, never made a profit in two years of operation, and was on the verge of bankruptcy. Another owner of a bakery franchise, interviewed by Business Week, says being successful in franchising means “adjusting your definition of success.” He says he makes a profit, but declined to say what it is, or if he’s ever recouped his $250,000-plus initial franchise investment. Incredibly, he insists he’s in business “for lifestyle reasons, not profit reasons.” Huh? Probably a quote from the company’s franchise recruitment materials. In the world of franchising “success” and “profitability” are very subjective terms.

FRANCHISE BROKERS WHO FIND YOUR PERFECT MATCH?
Does the franchise you are considering have its own in-house marketing department, or does it utilize outside franchise brokers? The use of franchise brokers is a definite red flag. First, it indicates the franchise company is not very serious about who it lets into the franchise network, or even worse, they’re desperate to sell franchises. Second, franchise brokers receive a substantial commission up to 50% or more of the franchise fee you’re paying the franchise company. Franchise Broker Realities: (1) Their service is definitely not “free” despite these and other similar misrepresentations. It’s really common sense – how could anyone offer a “free” service and survive in business? Unfortunately, the common sense part of the brain tends to short circuit when the franchise brainwashing process begins. The simple truth is if you buy one of the franchises they’re hawking, your money goes to the franchise company, then into the broker’s pocket. If anyone ever calculated how much time they spend to collect their $15,000 or $20,000 commission, it’s probably a lot more than a brain surgeon earns. (2) Franchise brokers definitely do NOT have your best interests in mind. They will do or say whatever they have to in order to close a deal and earn their commission.

Many franchise brokers claim they will help you find a franchise company that is the perfect match for you. In the beginning it sounds good. There’s some personality testing and review of your personal finances. At the end of the day, it turns out they only represent (and steer you towards) a handful of small franchise companies you’ve never heard of before. A detailed analysis often reveals these highly touted franchises produce mediocre or even below minimum wage financial performance. Yet franchise brokers don’t mention this, and individuals continue to rely on their recommendations, believing the broker represents them. Nothing could be further from the truth.

Also, many franchise brokers call themselves franchise consultants. A franchise consultant is usually an independent adviser who offers advice to others (usually franchise companies or firms that want to franchise their business) for a fee. This makes their advice more impartial in theory as long as they are not compensated by third parties. Because they are not legally required to disclose actual or potential conflicts of interest, it’s important ask questions. For example, if you’re using a franchise consultant who is recommending the “best franchises,” are they paid anything by the companies on their list? This could be a commission, kick-back or consulting fee. As mentioned, many franchise brokers call themselves “franchise consultants” to hide their true identity. So, make sure if you’re dealing with a franchise consultant, he or she is not really just a franchise broker in disguise.

FRANCHISE DISCLOSURE LAWS
The franchise disclosure laws, while requiring franchise companies to give you certain, limited information, don’t come close to protecting your interests. For example, as discussed above, Item 7 of the Franchise Offering Circular only requires an estimate of additional funds for 90 days as part of the investment information. But economic reality is you need to know the additional funds you’ll need to reach the break-even point, which can be years away, or your entire “initial” investment will go down the drain. You’d think this type of information would be required by franchise disclosure laws, but it’s not.

FRANCHISE REGISTRATION LAWS
Don’t ever assume that because a company has registered its Franchise Offering Circular in your state, someone at the state has approved or reviewed the document in your favor. Franchise registration is obtained by simply forwarding documents and paying a filing fee – period. In most cases, franchise offering circulars are given an extremely limited review to ensure state-specific disclaimers are present.

I remember filing a registration application for a new franchise company in a state with a reputation for being one of the “toughest” franchise registration law states in the country. After the three-week review period set forth in the statute had gone by, and not hearing anything, I called the examiner assigned to the application. After looking through his files, he finally found my client’s offering circular and application. He apologized for entirely misplacing the file and promised to immediately review the application and call me back. Ten minutes later, he called to say he’d finished and was making the registration effective that day. Ten minutes of review and the franchise company was given the state’s green light. This is not an isolated case – it happens all the time.

WHAT STANDARDS MUST A FRANCHISE COMPANY MEET TO SELL FRANCHISES; ARE THERE ANY REQUIREMENTS TO FRANCHISE A BUSINESS?
Incredibly, the answer is – none. There are no minimum standards or requirements to franchise a business except preparing a Franchise Offering Circular. It’s yet another bizarre reality in the world of franchising.

You and I could have no background in any business, form a new corporation or LLC, capitalize it with only $1, put together a Franchise Disclosure Document and file it with any franchise registration state. While the offering may be subject to an impound or escrow requirement because of the low capitalization ($1), we’d still get “registered” and be able to sell as many franchisees as we want.

In these 14 franchise registration states, we may not be able to receive any money until each franchise actually opened, but simply posting a bond would alleviate this difficulty in the franchise registration states. And in the vast majority of states there are no franchise registration laws, so we’d be able to sell franchises and collect fees with impunity once we compiled our Franchise Offering Circular. The federal FTC Franchise Rule doesn’t protect against this risk either – it only requires disclosure (i.e. provide a Franchise Disclosure Document) and has no registration component or minimum standards for franchise companies.

Basic investor protections and requirements found in both federal and state securities laws for over 50 years were never carried over to franchise investments. While most non-blue chip franchise companies could never even qualify to sell you a single share of stock in their company, they are entirely free to collect unlimited franchise fees, ongoing royalties, equipment and other purchases, as well as cause you to incur financial obligations totaling hundreds of thousands of dollars, or even millions in some cases. This isn’t information you’re likely to find in the glowing articles about franchising and franchise companies prevalent in the media.

CLOSING REMARKS
Remember, you are the only guardian when it comes to your franchise investment. It’s definitely an environment where the phrase “Buyer Beware” applies. So, before you sign on the line and make what will undoubtedly be the most serious financial and emotional commitment of your life, get all the facts and figures.

One couple I counseled after-the-fact, invested $2 million in a new franchise company. The contract they signed gave them no right to terminate, no matter what the franchise company did or didn’t do. Of course, the contract gave the franchise company unlimited termination ability, a right it had exercised. The franchise company’s management team had no one with experience in running a franchise company. Incredibly, the couple had not spent a dime on legal or business advice before investing $2 million. The once friendly franchise company had transformed into a formidable foe and was poised to take over their franchise. Sadly, this happens too frequently in franchise investments. Decisions are made on fuzzy feelings and emotionalism. In an effort to save a couple thousand dollars, franchise investors risk homes, retirement savings, everything they have. Then they scratch their heads in amazement later on after inevitable and often horrific problems develop, wondering how they could have been so nearsighted.

Another indispensable level of inquiry is whether you’re getting true franchise value and whether you’d be better off doing the business on your own. In the overwhelming majority of franchises touted by unknown companies, franchise value isn’t there and doing the same thing independently makes better economic sense and actually decreases the risk of failure.

Finally, and this applies to franchise investments as well as investing in any business venture, develop a plan to succeed but also plan a franchise exit strategy that minimizes financial risk in case things don’t work out. Both plans need to be thought through before the investment is made. Don’t wait until problems develop to start thinking about a franchise exit strategy – by then it’s usually too little, too late.

For more information, visit the Franchise Foundations Website.

© 1990-2008, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

Litigation Funding Services

litigation funding services

Lawsuit Funding

If you are searching for lawsuit funding you should begin by contacting LawLeaf today!

Lawsuit funding can be defined as a lawsuit cash advance against a pending personal injury lawsuit. The most common lawsuit funding types are those of pre settlement funding cases. There are several benefits for those people that appy for lawsuit funding. First, lawsuit funding for personal injury cases are typically loaned as non recourse, meaning you don’t pay back the lender unless you win your claim Second, it can help you pay down debt while keeping your case alive. Oftentimes people settle for less compensation because they are in need of cash.

Prior to accepting a settlement think about the repercussions of ongoing medical expenses and other expenses related to the accident. Its important to understand once a case is settled, you can’t receive additional monies at a later date.

Because most personal injury lawyers advice their clients to seek ongoing medical treatment prior to settlement the amount of time that can lapse prior to compensation can be long. A lawyer should never advise their client to take a quick settlement without going through proper medical evaluation.

There are essentially four different types of lawsuit funding advances. Depending upon your situation will depend upon what type of funding to apply for.

The 4 different types of lawsuit funding options include pre settlement funding, structured settlement annuity payouts, commercial litigation financing and law firm loans.

• Pre-settlement funding – personal injury related accidents involving the plaintiff / victim

• Structured settlement – case has already settled and advancement is against monthly or yearly payouts
• Commercial Litigation Funding – includes cases such as breach of contract, class action and discrimination cases
• Law firm loans – advancement both to a firm or for personal injury related cases.

Depending upon which type of option you are considering will determine which type of company you will need to deal with.

LawLeaf an online funding service works with a network of lawsuit funding lenders who provide cash advances for all 4 different options. If you are considering lawsuit funding you should contact LawLeaf today. By applying with LawLeaf you can take advantage of their vast network of lenders and their willingness to compete for your business.

Can anybody suggest a good No Win No Fee Solicitor for an employment dispute/ Constructive Dismissal?

Due to over 2 years of mistreatment and bullying by management I have resigned due to work related stress/ constructive dismissal. The company have failed to act on my grievance in an appropriate manner. I have received 1 hour of advice funded by community legal services. They have advised of the direction to take but as this may now lead to a civil case it could take some time and I feel unprepared for lengthly litigation. I live in cornwall but would happily use a national company if required. Any ideas would be much appreciated.

Im sure Ross Harper do no win no fee

CB4, elected officials: BRC Shelter plans Too big Manhattan Community Board 4 voted against the Bowery Residents profit "committee is planning to build shelter a 328-bed at 127 W. 25th St. In a July 15 community forum at the FIT auditorium detention, BRC and the Department of Homeless Services instead met with the Board of CB4 to concerns about the size address facility security plans, zoning and complaints forwarded to the owner.

The Litigation Manual

the litigation manual

The Human Factor of Electronic Discovery

The fact that Electronic Discovery is essential and prevalent in the Legal Practice has now become almost a cliché. Attorneys and their clients, in large firms, and small, have gone through several whirlwind years in regards to E-Discovery and have no doubt been bombarded with unending admonitions regarding the discoverability of electronic information, spoliation, and the importance of metadata as a whole. Zubulake v. UBS Warburg, 220 F.R.D. 212 (S.D.N.Y. 2003), United States v. Philip Morris USA Inc., 327 F.Supp.2d 21 (D.D.C.2004), Columbia Valley Reg’l Med. Ctr. v. Bannert, 112 S.W. 3d 193 (Tex. App. 2003).
 
The rapid invasion of technology within the corporate world has forced a steady (and speedy) change to the legal landscape. That E-Discovery is now a part of an attorney’s life and requires focus is no longer resisted (and certainly, can no longer be ignored). E-Discovery is here to stay, that will not change – what has to change (and should change) over the years is our approach.
 
A short 5 years ago, the abilities of Electronic Discovery and Forensics vendors were closely watched and compared, ensuring that each had the tools and knowledge to handle the complicated ethereal world of computer bits and bytes. Yet, fast forward to the present day and the capabilities of these vendors are no longer under the microscope. The general legal population has heard more than enough regarding the importance of metadata and the need to ensure the forensic integrity of computer files. There have been enough ups and downs throughout these past few years, for most of the existing vendors to have the E-Discovery process down to a routine (albeit a continually evolving routine). So, with all these vendors, new and old, big and small, all sharing essentially the same abilities, the deciding focus has been shifted to something else. It is no longer technological know-how, but people know-how.
 
Just as the importance and strengths of the Knowledge Worker has been routinely touted by the late, great, Peter Drucker, the need for “people-consideration†was an inevitable evolution within the legal tech community. It is no longer a question of which vendor can process native electronic files for review, but a question of which vendor would stay around on a holiday to process those files. And the emphasis is no longer on whether or not a vendor has the capacity to handle multiple hard drives, but rather which vendor has implemented project management methodologies to streamline their workload.
 
Thus comes, the “H-Factorâ€, the Human Factor. The process of E-discovery has now essentially evolved to a point where a true gain in the edge over the opposing side can only be made with increased team building skills – not server building. A strategy planned by a group of competent and willing individuals will add much more efficiency to the various tasks of e-discovery than the latest and greatest on the bleeding edge of technology. From data gathering, to processing, and on through review and production, the most important asset for an electronic evidence-ntensive case is not the hardware, but the members that form your team, both your in-house staff and your chosen vendors.
 
The Project Manager
A project is often defined as a temporary endeavor undertaken to create a unique product or service. And the process of E-Discovery fits that description to a tee. Rarely, if ever, would the electronic evidence component of two cases match exactly – but the best practice procedures and strategies for analyzing them will be similar. And your Project Manager, be she in-house or a vendor, should be well versed in those procedures. For the duration of the case, the Project Manager will need to become your very best friend. She must be the able to

• Understand and predict potential pitfalls or delays that may occur within the E-Discovery Process, such as potentially running into password protected files, encountering legacy hardware or software, receiving large amounts of duplicated information, delay in shipping or receiving, inaccessibility of data custodians, and much more,
• Be proactive in keeping you up-to-date on progress and scheduling while you are trying to handle the legal aspects of the case
• Ensure that adequate resources are available to handle any fluctuations of workflow,
• Ensure that proper training procedures are in place to provide efficiency in review,
• Address any side technical issues which may be slowing down the review or production process, such as network bandwidth, computer availability, and user account maintenance.

The Sales Representative
Keep the number of your vendor Sales Rep as close to you as that of the project manager. She is the extra boost in speed that you may have to call upon every so often. While the Project Manager coordinates the work, your Sales Rep will know where to cut the red tape within the vendor’s organization which might be slowing the process down. Individuals in sales are trained to put your needs first since they want your continual business. Where the Project Manager may need to adhere to certain protocols and rules, the Sales Rep is given leverage to bypass those same rules to keep the client, meaning you, happy. It is not something to be abused, but the extra push she would be able to generate within the company could mean the difference between a Friday or a Monday production deadline.
 
The Technology Department/The Lit Support Personnel
For the larger firms, e-discovery consultation should begin with the Technology or Litigation Support department. Allow them to give you a bird’s eye view of the impending project. They are the ones who will be able to help you narrow down the net you need to cast. They are there to aid you in answering questions such as:

• What is needed for your firm to access the vendor’s processed data? Firewall port openings? Local installs of special applications?
• How much of the data just received from the client are simply computer operations files unrelated to your case?
• What are the potential file types, system types that you will have to deal with?
• Though your technology help desk staff may not be qualified to operate as forensics experts, they will at the very least be able to provide to you an assessment of the tasks ahead. And knowing what you are up against will allow you to formulate a better plan. While the vendor may know their platform and electronic discovery in general, your Technology Department knows your firm’s infrastructure.

The Reviewers
The E-Discovery process obviously does not stop when all data has been safely collected and processed for review. And one of the most glossed over steps tends to be the review process and the reviewers themselves. Remember that the reviewers will likely know less about electronic data than you do, and may require training in not only in the content they are searching, but also how to make use of the review software. This is especially true for larger cases which often involve an army of temp attorneys, individuals who likely have had little or no experience with the review platform chosen for your case. When dealing with reviewers, try to consider the following:

• Have they been provided with sufficient hands-on training for the software?
• Do they have quick reference guides easily accessible? – a training manual is fine, but during a tight review schedule their time would be better spent on the actual review rather than flipping through the thick tomes of software instructions.
• Are they keyboard or mouse oriented users, and can the software be adapted to either types? The savings of a few mouse or keyboard clicks can translate into hours of review time.
• Are the reviewers stacked in shifts to allow for a continuous review? – not only will this maximize the number of review hours you may have, but also lighten the strain that your technical equipment may experience in a large review.

No doubt the hardware and software components of an E-Discovery matter is important. But hard drives and processors can be purchased, servers can be built, and software can be programmed. The human touch, on the other hand, can mean the difference between smooth sailing and being caught in a storm. A simple and effective strategy by a group of knowledgeable and hardworking individuals will ensure the efficiency that your best computers can not. The technical factor is important, but the human factor gives you the true edge.

Apple vs. Microsoft… what’s the freakin difference?

Ok let me set the stage.

Good point. I still like Apple better, though. Despite this little ordeal they’re still overall the lesser of two evils. Plus the design is so much more aesthetically pleasing. Shallow, yes, but I don’t care.

FiberNet a model citizen a year later, when the Minnesota State Supreme Court decided June 17, 2009, that it does not take Bridgewater Telecom (a subsidiary TDS) Appeal lights, it is essentially a green light for municipal fiber Monticello project, called FiberNet Monticello.

Litigation Support Analyst

litigation support analyst
Leap Lays out Growth Plans for Prepaid Wireless Business
SAN DIEGO—-Leap Wireless International, Inc. , a leading provider of innovative and value-driven wireless communications services, today made a series of announcements at its Analyst Day in New York designed to significantly advance its business model as a national value leader and capitalize on the rapid growth of prepaid wireless services.
An Interview With Ray Miles On The History Of Business Appraisal and IBA.m4v

Damon, Topham and Company of Marshfield Announce Financial Planning Services

Catering to individuals and businesses on the South Shore for more than 20 years, Damon, Topham & Company has further diversified their services and created DTC Financial Associates, LLC.

DTC Financial Associates, LLC provides personal financial planning which includes retirement, review of life and health insurance as well as college education financing. They also provide financial planning for small business owners, which includes review of health insurance benefits for employees; wealth management; succession planning and exit strategy consultation.

According to Michael Damon, CPA, “We’re often approached by our accounting and tax clients inquiring about financial planning services. As we are well aware of our clients’ financial and tax status, we are in the position to provide qualified financial planning counsel.â€

Over the years, Damon, Topham & Company has evolved into a full service multi-disciplined firm. In addition to comprehensive accounting, audit and tax services, the company’s division of Business Development Partners assists business owners in identifying quantifiable results which may be achieved such as increased sales and market share and reduction of overhead and operating costs.

Damon, Topham & Company’s division of Advisory Services provides such services as litigation support; computer systems analysis; executive search and recruitment; management advisory services and bank and venture financing services.

To learn more about Damon, Topham & Company, visit their website at

www.damtopcpa.com

About Damon, Topham & Company

Damon, Topham & Company, LLC, Certified Public Accountants and Business Development Advisors. Utilize the “Damon, Topham Advantageâ€- go beyond the traditional services of auditing, accounting and taxation. Damon, Topham & Company provides business valuation, estate, individual and corporate tax planning and savings, financial planning, consulting and financing solutions for you, your business and your family.

Damon, Topham & Company, LLC, is located just off Route 139, 475 School St., Suite 8, Marshfield, MA. For a complimentary evaluation, please contact John T. Topham at (781) 837-1993 or jttopham@damtopcpa.com. Or visit the company’s website at www.damtopcpa.com.

Capital Analysts Incorporated, a Registered Broker Dealer and a Registered Investment Advisor, Member FINRA/SIPC. DTC Financial Associates, LLC and CAI are independent non-affiliated entities.

2010 Litigation Review Conference

2010 litigation review conference

State Laws and Employer I-9 Employment Verification Responsibilities

Many states have enacted “mini-I-9†laws. Employers, especially companies that operate in more than one state, must closely monitor their compliance with the employment eligibility and verification laws for each state in which they do business.

The most common regulation states have imposed on businesses in recent years is requiring employers to use the federal E-Verify system to confirm workers’ immigration status and employment eligibility or work authorization, specifically illegal immigrant employment eligibility, work authorization and immigration status.

E-Verify is an Internet-based system operated by Department of Homeland Security (DHS/U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility or work authorization of new hires and the validity of their Social Security numbers.

Employers or “Designated Agents” (e.g., payroll companies) must register online and agree to the terms of participation to use E-Verify. [Registration includes agreeing to the DHS/Immigrations and Customs Enforcement (ICE) Memorandum of Understanding (MOU). A discussion of the ICE E-Verify MOU is outside the scope of this post.]

E-Verify will soon be required of all federal contractors. DHS is now promulgating “final” E-Verify regs. I present an E-Verify overview and update in this post.

(The National Conference of State Legislatures does a remarkable job of monitoring these new developments and I include a variation of their chart and summary of the new state legislation below.)

Review of Relevant State Laws

State Laws Requiring Use of E-Verify

Arizona

Arizona

The Arizona Fair and Legal Employment Act (HB 2779), enacted in 2007, prohibits employers from knowingly hiring unauthorized workers and requires all employers to use the Basic Pilot Program to verify employment eligibility. It establishes substantial penalties and threatens noncompliant employers with suspension and potential revocation of their business licenses. Effective date Jan. 1, 2008.


Colorado

Colorado HB 1343 (signed 6/6/2006) prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal immigrants and requires prospective contractors to verify legal work status of all employees. The contractor must confirm that the Basic Pilot Program has been used to verify the status of all employees. If the contractor discovers that an illegal alien is employed, the contractor must alert the state agency within 3 days.


Georgia

The Georgia Security and Immigration Compliance Act, SB 529, covered employment, enforcement, and benefits and was signed by the Governor on April 17, 2006. The bill requires public employers, contractors and subcontractors with 500 or more employees to participate in E-Verify for all new employees beginning July 1, 2007. The law is phased in for public employers, contractors and subcontractors with 100 or more employees effective July 1, 2008; and for all employers by July 1, 2009.


Idaho
Executive Order

On December 13, 2006, Governor Jim Risch issued an executive order requiring that state agencies participate in the E-Verify system. Also, all workers employed to the state through contractors must also be from companies that have been verified to have eligible employees.

Minnesota
Executive Order

Governor Tim Pawlenty issued an executive order on Jan. 7, 2008, stating that all hiring authorities within the executive branch of state government as well as any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program. The Executive Order’s effective date is January 29, 2008.


Mississippi

Mississippi SB2988 (signed 3/17/08) requires public and private employers to participate in E-Verify. The phase-in period is: all government agencies and businesses with more than 250 employees by July 1, 2008; companies with 100 to 250 employees by July 1, 2009; those with 30 to 100 employees by July 1, 2010; and all remaining companies by July 1, 2011. An employer violating the law is subject to the cancellation of public contracts, ineligibility for contracts for up to three years, and loss of business license for up to one year. The law also makes it a felony to accept or perform employment knowing or in reckless disregard of the immigrant’s ineligibility to work, with penalties from one to five years of imprisonment and/or $1,000 to $10,000 in fines.


North Carolina

All state agencies, offices, and universities must use E-Verify, required by SB 1523 in 2006. This applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.


Oklahoma

The Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) addressed multiple issues: transporting and harboring, driver’s licenses, public benefits, law enforcement and employment. It made it a felony to transport or harbor unauthorized immigrants, with exceptions for health or benefits guaranteed by federal law. It requires public employers, contractors and subcontractors to participate in a federal electronic employment verification system and requires income tax withholding for independent contractors who do not have valid Social Security numbers. The law became effective Nov. 1, 2007.


Rhode Island
Executive Order

On March 27, 2008,Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify.


Utah

SB 81 was signed into law 3/13/08. The law address multiple issues, including driver’s licenses, law enforcement, harboring and transporting, public benefits and employment. It requires public employers to register and use the Basic Pilot program for new employees; state contractors must use Basic Pilot effective July 1, 2009. The law makes it a Class A misdemeanor to conceal, harbor, transport or shelter undocumented immigrants, though church, charitable and humanitarian assistance groups are exempted.

Encourages the Use of E-Verify (1)


Tennessee

HB 729, signed into law on June 26, 2007 and effective January 1, 2008 states that employers who “knowingly employ, recruit or refer for a fee for employment an illegal alien” are subject to a temporary suspension of their business license; repeat offenders are subject to a one-year suspension. Employers who comply with the requirements of the current I-9 process or who verify new hires through the E-Verify within 14 days of employment are shielded from sanctions.

One State Limits The Use of E-Verify

Illinois

Illinois enacted HB 1744, which bars Illinois companies from enrolling in any Employment Eligibility Verification System until accuracy and timeliness issues are resolved. Illinois also enacted HB 1743, which creates privacy and antidiscrimination protections for workers if employers participating in E-Verify don’t follow the program’s procedures.

State Laws Targeting Employers On Immigration Status

Current Litigation Over State Laws: Federal Pre-emption

Two lawsuits now making their way through the federal court system could restrict states’ ability to continue to crack down on businesses that hire unauthorized workers. One is a court challenge to the 2007 Arizona employer sanctions law filed by a coalition of Arizona trade groups. In February, a federal judge denied the coalition’s request to delay implementation of the law with a temporary restraining order, and the plaintiffs took their case to the U.S. Ninth Circuit Court of Appeals. Oral arguments are scheduled for this summer and a decision is expected in the fall.

Another lawsuit making its way through the federal courts originated last year in Hazleton, PA, where a local ordinance enacted in 2006 denies business permits to employers who hire illegal immigrants and fines landlords who rent to them. In a ruling issued last summer, a federal judge struck down the Hazleton ordinance, saying it treads on federal terrain and violates illegal immigrants’ constitutional right to due process.

The town is appealing the decision, and the case will be heard in the U.S. Third Circuit Court of Appeals this summer. A decision in this case is also expected in the fall.

If the two appellate courts hand down similar rulings; either both upholding the local laws, or both asserting federal authority, the battle over federal preemption could end there. But if the courts hand down opposing decisions – one supporting state authority and the other backing federal preemption – the debate will likely go to the Supreme Court. The consequence: no clear direction for state lawmakers for at least a year or two.

Many legal experts say the bills being passed in state capitals are not constitutional, and many of the new laws are being challenged in court. The U.S. Constitution gives federal law “supremacy†over state statutes. My personal understanding of the fundamental “pre-emption†issue is that the federal laws do not pre-empt these state laws. Frankly, this is a very complex constitutional issue.

The 1986 Immigration Reform and Control Act (IRCA) explicitly prohibits states from imposing sanctions on businesses that hire unauthorized workers. But one phrase in the 1986 law – a seven-word parenthesis allowing states some leeway in the matter of “licenses and similar laws†– has created a contested gray area.

Many states have taken the IRCA parenthesis to mean they have the authority to suspend or revoke the business licenses of employers who hire unauthorized workers. Businesses and many constitutional lawyers disagree.

“You have this complex overlay of statutes and regulations and court cases, and you’ve got this federalism question of what has traditionally been federal power and what the states can do,†Jan Ting, a Temple University law professor, told the Washington Post. “There could not be an area of law that is less clear than this.â€

Because states have until recently stayed away from imposing sanctions for immigration violations, federal preemption has rarely been tested and few court precedents exist.

Private Rights of Action

While E-Verify requirements have so far proven the most popular method to deter the hiring of illegal immigrants, some states are beginning to make use of another tool: giving employees a “private right of action.†Oklahoma was the first state to pass such legislation, in 2007, allowing fired U.S. workers to sue their employers if unauthorized workers were subsequently found to be working in their place. Mississippi, Utah and South Carolina followed with similar provisions this year, allowing fired workers to sue if they are then replaced by illegal immigrants. Some say the laws could open businesses to lawsuits if they employ any unauthorized workers, whether or not they have hired them to replace fired legal workers. Other states are expected to adopt this approach next year.

Also still in place are provisions mandating that all businesses in Arizona enroll in E-Verify and allowing prosecutors to investigate anonymous tips made against businesses alleged to be employing unauthorized workers.

State Felony Laws

Companies should also be concerned about a Mississippi law that makes it a felony for illegal immigrants to accept unauthorized employment. Violators are subject to imprisonment from one to five years and fines of between $1,000 and $10,000. And while the measure seemingly applies only to unauthorized workers, if I had clients who do business in Mississippi I would be strongly cautioning them. I have many clients, both individual and business, where the kind employer assists driving the very good employee to work because the employee does not have a valid state driver license because s/he lacks immigration status. In my opinion a business can be prosecuted for aiding and abetting a felony or harboring a felon under this law.

Oklahoma also imposed felony penalties, in 2007 – in that case, against anyone caught transporting, concealing, harboring or sheltering illegal immigrants in any location,

including any building or means of transportation. Utah, Missouri and South Carolina passed similar measures this year, and many fear the provisions could be used against employers who knowingly hire unauthorized workers.

Chatham Lodging Trust Announces Second Quarter Earnings Conference Call on Wednesday held for 11 August 2010 Chatham Lodging Trust, a hotel real estate investment trust focused to stay at upscale hotels and extended-premium-branded select-service hotels, today announced that in the second quarter 2010 financial report the results on Tuesday, the following 10 August 2010, the end of the market. Â On Wednesday, August 11, at 10 clock

Legal Insurance South Africa

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Cape And Country – Mortgages In South Africa

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An increasing number of South African expatriates are buying property in South Africa and, on top of the number of foreign nationals doing the same; the local property market is filled with a myriad of buyers who require services designed to assist them in purchasing property from abroad.

If a U.S. gay couple visits Canada, gets married there, and returns to the U.S., is their marriage recognized?

I would think the answer is yes………because:
this site: http://www.samesexmarriage.ca/legal/ontario_case/appeal/pride_week_marriage.htm
states the following:
“they will be as married as any people on the planet. That means, for example, the couples will identify as married on applications/forms for jobs, apartments, credit, mortgages, insurance, medical treatment, and taxes.”

It depends on the state, I believe in NY, CT CA,RI, NM, MA yes. It should be in the whole country though

Hlophe lawyers cost the state R6, 78m, Parliament declared that the government has spent 0.78 R6-million for Judge John Hlophe's legal fees, costs in his discussion of the constitutional court judges.