It Litigation
it litigation
Kleen Energy’s fatal deal – Full version
When the natural gas ignited, it caused a blast so powerful that people 30 miles away thought there had been an earthquake. Inside the almost finished power plant in Middletown, Conn., around 11:15 a.m. on Feb. 7, the explosion blew the siding off the structure, crumpled construction trailers, and sparked a conflagration that sent a dense plume of black smoke hundreds of feet in the air. Six men …
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Categories: Litigation Tags: blog, e-discovery, it, it litigation, law,, legal
Litigation Work
litigation work
Work As A Paralegal For Good Pay
You can earn good money as a paralegal. It is a challenging environment but you will make a good income once you become certified to work as a paralegal and get some good experience. You have to attend college and get at the minimum a two year associates degree.
You will be taking primarily legal based classes. You will have to learn basic legal research and how to brief a law case. The course will also have classes in basic law office management. You will have to have basic computer skills like you would need in an office job. But you will also have to know how to do legal research with the computer.
Years ago legal research was done at the library. Today it is mostly done online. But you need to do that research quickly and efficiently. This is a good career but you will not make a lot of money right away. You need to work your way up the pay scale.
Get to work in any law office you can when you are taking classes. Even if you merely answer the phone you still need to be in the law office environment to start getting experience. Even when you do work as a paralegal you will only make a little more than minimum wage. But you will move up quickly with more experience.
The idea is to make yourself indispensable to the lawyer you are working for. This will lead to your value. This will lead to you charging more for your services. Attorneys rely on their paralegals to do all the work they do not have the time to do.
You can earn more money if you specialize in areas of law. This is what lawyers do. So they need specialist to help them run their office. There is more money in litigation work for the paralegal but there is also more expectations and more pressure. This is for you if you can handle the stress.
You will be in charge for most of the trial preparation. You will be blamed if something goes wrong but you will be praised if it all goes right. The government might also be a place to find work. But the larger the city the more competition there is for these jobs. But if you have the right experience and the right contacts you might be able to land one of these government positions.
You have to know going in that lawyers are not easy to work for. Some have big egos and look down on people who work for them. But you might work for one that respects you a great deal for the work you do. The better you do your job the more likely you will command respect. You might be blamed even if you did everything right. This is just part of the job. But if you can learn to deal with this type of work environment then this might be the job for you. Contact your local education center for more information.
How do I market our environmental consulting firm, especially with respect to our litigation support?
Our litigation support is well established and our expert witness is a big name in the industry. However, our litigation services travel by word of mouth. We need to actively market these services to find work to fill in the gaps between large cases and expatriate word of mouth. We also offer other services that we need to push. How do we get the word out and bring in steady business?
I don’t know your company, but if you want something cheap and use the Internet, then visit networking sites (linkedin, and many many more)
But in general terms, try to get closer to the people you want to reach (study them to get to know them better). If you have a decent budget you need less creativity, otherwise you need lots of research and work. It can be fun!
Antares announces the opening of the 2010 work on the Rio Grande Cu-Au-Ag Project, Argentina Waterdown, ONTARIO – (Marketwire – August 17, 2010) – Antares Minerals Inc. ("Antares") (TSX VENTURE: ANM), together with its joint venture partner, Pacha Mama Resources ("Pacha Mama", PMA.TSX-V) is pleased to announce the inauguration of the 2010 work program, known on the Rio Grande Project, a large Cu-Au-Ag porphyry system with affinities in Salta Province, northwest Argentina. The 2010 …
Categories: Litigation Tags: e-discovery, law,, legal, litigation work, litigation workflow, reference, research
Litigation Review
litigation review
Is there any benefit to a MHA or MPH combined with a JD?
I’m considering doing a dual program to get a Master’s of Health Administration or a Master’s in Public Health along with a JD.
I’ve heard some mixed reviews, is combining these two degrees valuable? I want to do litigation when I graduate, but specialize in Health Law. I’m just looking for various opinions/answers..I’ve heard as an attorney the extra degree is worthless while others say it can help, but maybe not for the price. It seems so up in the air.
Anyone have anything concrete?
Doubt you make much more with both. Just be an added expense of tuition.
Avery Collaboration Not Litigation Ale Batch #3(Season 4 Episode 18)
Litigation Battles Within A Franchise Business
Litigation Battles Within a Franchise Business
In America, litigation has become very prevalent and you have to be prepared for the possibility of facing a lawsuit or even just the threat of lawsuit. This is especially true for those who dare to become key stakeholders in businesses and franchises. Aside from that, you may find yourself in an unfortunate circumstance where it becomes necessary to raise your own legal complaint against another who violates terms of certain business agreements.
On a positive note, as the concept of franchising has evolved and each new case has been presented in the nation’s courtrooms, it has resulted in franchise lawyers being better prepared to create effective, bullet-proof documentation and contract agreements that anticipate and circumvent similar future litigation. After all, as cases related to franchise business are brought to the court’s attention, it serves to fine-tune the future judicial precedents that were previously considered “gray areas”. Any decent franchise attorney will review these cases as they happen and make the needed adjustments within the creation of future franchise documents.
Despite these advances, there really is no guarantee against litigation. In addition, when you enter into a franchise agreement, you no longer just face threat from competitors, suppliers and customers. Now you can add a litigation threat from various key players within the franchise organization.
Much of this threat can be minimized by simply seeking out the qualified legal counsel during the transaction stage. You also want to make sure you have a thorough understanding of all agreements and contracts that you signed by the time that stage comes to a close.
A litigation battle should be the last resort when trying to resolve a franchise-based dispute. Precedent may be ruled in one parties favor pronouncing them the winner, but in the end, the battle will never really be won.
There are typically two common reasons litigation occurs in the franchising world:
1. One party feels as though the terms of the franchise agreement have not been met.
Most franchisee action lawsuits begin with the franchisee alleging that they were promised something in the early stages of the relationship based on a verbal agreement that was decided upon by both parties. Because the verbal agreement often was never indicated in the legal documentation, the franchisee generally doesn’t have a leg to stand on. It’s important to know that promises should never be made, especially if they aren’t intended to transpire into something more.
2. When one party believes the integrity of the business has been jeopardized, or there is activity that is damaging and/or harmful to the business reputation, image, location, etc.
Franchisors may begin a battle of litigation to stop unanticipated action of their franchisees that could deem harmful to the company’s reputation. This could become a long drawn out process, as any case take to court can be, so be sure you’re prepared to back up your claims with substantiated evidence.
Because a litigation battle is a long, bumpy road that most people don’t intend to travel, here are a few ways you can avoid a drawn out battle with your business partners:
1. Do your homework. Make sure the franchise opportunity has been fully investigated before spending time and resources into the venture. Carefully view all disclosure documents, franchise agreements, and past litigation history. Speak with current franchisees of the organization in question to make sure the business is being run without conflict. Also, don’t be afraid to ask what the business relationship is like, because ultimately, this could be you someday.
2. Ask questions. If there are any underlying questions in your mind, be sure to ask. These could end up becoming potential road blocks in the future, so make sure to speak your mind and have all of the information you need to make an educated and honest decision.
3. Without a doubt, get everything in writing. You want to make sure all disclosure documents, and franchise agreements have been written in agreement with all promises and decisions that have been made by the franchisor and franchisee. This is extremely critical because this will ensure that you don’t end up with legalities on your hands later down the road.
4. Accept responsibility. The truth about franchising is that there is no sure-fire success. If ultimately, the decision to buy into a franchise doesn’t work out – take responsibility. Don’t try and pin the failure on someone else because in the long run that’s not going to do you any good. Get humble, ask for help and seek the advice from professionals in the business.
No good franchisor wants to be involved with a failure in the business world, or deal with a long, drawn out litigation battle. The easiest way to avoid both scenarios is to do your research so you know exactly who you’re beginning a business with. Finding someone of the same values and morals as yourself will be your best protection against ending up in litigation within a franchise.
If you do find yourself facing a legal battle, arm yourself with a qualified franchise lawyer who can advise you every step of the way.
Litigation Trends Survey
litigation trends survey
California Professional Employer Organizations
Effectively managing Human Resources in California has become a daunting and complex task for small to mid-market business owners. California-based corporations must grapple with one of the most complicated systems of employment laws in the country. While statistics report that many corporations are leaving the state, another trend has risen to assist overwhelmed business owners – California Professional Employer Organizations, or PEOs.
In just the first months of 2008, dozens of laws effecting numerous topics of employment law have been enacted in California. This includes a laundry list of unfriendly policies, including laws governing hiring and termination, family leave, sexual harassment, paying employees, leaves of absence, employee benefits, and workers’ compensation. These trends have led to an unprecedented rise of employment litigation, labor regulations, and tax laws.
Employers continue to face fluctuating risks, and the high expense of conducting business has restricted the opportunities for business owners to remain competitive. Furthermore, it has become clear that the expertise required to manage a small to mid-sized operation has outgrown the experience and training of many entrepreneurs who started these businesses.
These complexities have led to one of the hottest business trends in California, and the nation as a whole: Professional Employer Organizations, or PEOs. PEO firms help companies reduce costs and efficiently manage HR-related issues, while navigating the complex business labyrinth, an intricate combination of policies and regulatory standards that are difficult to escape.
Outsourcing Human Resources to the Experts
PEO firms enable companies to shift responsibility of non-revenue generating competencies that can be handled easily, and inexpensively, by off-site experts. These functions include the areas of labor compliance, risk and safety, payroll, benefits, and other complex workplace regulations. The PEO firm helps companies reduce costs by effectively managing HR functions while allowing businesses to focus on their core operations that impact profitability.
Once HR and other operations are outsourced, many companies are showing a strong return on investment, according to a recent survey of American executives, by IDC, a global provider of market intelligence. The 2006 survey of executives at the IDC Midwest Conference in Chicago showed nearly 85 percent of the respondents saved as much as they spent on outsourcing, with 26.4 percent reporting a savings of twice as much. And the savings, according to nearly 95 percent of the respondents, went toward operational performance and innovation, which improved shareholder value.
Co-Employment
The PEO industry, formerly known as Employee Leasing, or Staff Leasing, has become a rudder for companies trying to navigate choppy seas. Taking on the responsibility of all human resource functions, the PEO can serve a multitude of functions. Primarily, the PEO creates a “co-employment” relationship with its clients, thereby sharing the risks and responsibilities of being an employer. The PEO assumes the role of the Administrative Employer, whereby the PEO pays the employees, files payroll taxes, provides health insurance, issues the workers’ compensation insurance, and manages most aspects of employment. The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day functions relating to their internal operations. This includes hiring, firing, establishing wages, and directing the workforce.
Helping Businesses and Their Employees
Through a co-employment relationship, small organizations access the economies of scale enjoyed by large corporations. The PEO client can offer premium benefit packages and retirement plans, typically provided by their larger competitors. They can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company’s core competency and grow its bottom line.
In addition to providing important services to their business clients, PEOs offer substantial advantages to worksite employees. In many cases, these employees would not be provided the number, or quality, of benefits that a PEO can offer. These benefits may include health insurance, retirement savings plans, disability insurance, life insurance, dependent care reimbursement accounts, vision care, dental insurance, employee assistance plans, job counseling and educational benefits. Each individual small business’s cost of establishing and administering this range of plans would be prohibitive. However, due to economies of scale, PEOs can sponsor and offer these plans at an affordable cost.
A Surging Industry
After a decline in the number of PEOs in 2003, a strong economy has resulted in a surge over the past four years. The PEO industry serves between two and three million employees per year, with most assisting companies with less than 50 employees. The average PEO is on the rise, too, with a growth rate of more than 20 percent per year for the last six years, according to a survey by the NAPEO, the national trade association for the industry.
For an annual fee that easily trumps the cost of an HR staff, PEOs manage training and education, health benefits, payroll, benefits, workers’ compensation issues and employee relations. It is apparent that the frustration brought on by obtrusive human resource standards can be offset by the value found with PEOs, and other PEO providers.
Constant Contact Announces Second Quarter 2010 Financial Results
WALTHAM, Mass.–(BUSINESS WIRE)–Q2 2010 Financial Results. Quarterly revenue increases 37% year-over-year. Raised full year 2010 revenue and adjusted EBITDA guidance
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Legal Discovery
legal discovery
LEGAL QUESTION: What does “Motion for Leave to Undertake Discovery” mean?
We have been served to be sued by a former landlord. We replied and filed in court a reply (15 months ago) – with proof we were not in the wrong. No court date set, nothing has happened.
15 months letter from the date of us mailing the Mailing of Certificate and filing a Reply/Response at the County Clerk, we have received a “Motion for Leave to Undertake Discovery” from the attorney for the plantiff. There is also a hearing date.
We cannot hire a lawyer and I am not sure what this “Motion for Leave to Undertake Discovery” means? and what is the Hearing for?
15 months after the original serving of papers to us? Isn’t there a statue of limitations? How do I find this out?
Any basic advise anyone can give us, would be appreciated it. As we have been caught 3 times with foreclosed and bad landlords in our city within the past 6 years (Las Vegas).
The statute of limitation doesn’t refer to the time a case can be in court, but rather to the time that a person has to file after being the victim of an alleged crime (or in your case a tort since it is civil court). The discovery stage is a time where both sides can look for evidence (which you already have). When it is time to go to court I would produce your good evidence and make a motion for summary judgment. This means that factual evidence (such as receipts from the landlord) clearly shows you have not committed the tort. If you have really good evidence, you might not need a lawyer, but seriously it would be good for you to have one!
This is a little dense but it is a fairly good explanation.
http://www.britannica.com/EBchecked/topic/477661/procedural-law/28417/The-preparatory-stage
And here is how to file a motion for summary judgment:
http://docs.google.com/gview?a=v&q=cache:GEY_ge3aZW0J:www.wiwd.uscourts.gov/assets/pdf/bbc_proc_mo_sum_judg.pdf+filing+for+summary+judgement&hl=en&gl=us&sig=AFQjCNEOfgilvdWn0cGLbnK6–uspCRK-w
Applied Discovery Discusses Replacing Cisco with Brocade for Critical Legal Services Data Center
10 Critical Decisions for Successful E-discovery Part 1
The Information Management Journal/September / October 2007- Today’s explosion of electronic data, coupled with the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronically stored information (ESI), requires information and legal professionals to expand their knowledge about handling electronic discovery. The recent changes to the FRCP include:
* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]
* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]
* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]
* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]
* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]
There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.
Making the Right Choices
Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.
Collection Decisions
The following questions need immediate answers:
1. Are e-mail files part of this project? If so, do any key people maintain an Internet e-mail account, in addition to their corporate accounts?
The sheer volume of transactions for large e-mail providers prohibits the storage of massive amounts of mail files. Many Internet e-mail account providers, such as AOL, BellSouth, and Comcast, retain their e-mail logs no longer than 30 days. If a case could potentially require the exploration of e-mail from Internet accounts, the discovery team must expeditiously request the records, or they may be gone forever. This usually requires a subpoena. In rare cases, fragments of Internet e-mail may be recovered forensically from an individual’s hard drive.
2. Is there any chance illegal activity may be discovered?
Many cases involving electronic data uncover wrongdoings. These situations may involve a member of the technology department or a highly technical employee. In these cases, an organization’s first inclination may be to terminate the employee(s) involved and determine the extent of any damage prior to notifying law enforcement agencies.
This may be exactly the WRONG thing to do. If the wrongdoing is by a technical person, there is a chance that he or she is the only person who knows how to access the files, find the problem, or fix it. This is often the person who knows the passwords for mission-critical applications. The technical employee usually has the ability to work and access company files remotely. Unless such access is eliminated prior to the employee’s termination, it is possible that a terminated or disgruntled employee may access the network and do great damage.
A better solution is to restrict the employee’s complete access privileges, both local and remote. The employee is then notified of management’s knowledge of the situation and given an opportunity to cooperate to minimize the damage. If the situation involves criminal matters, especially if financial or medical records have been compromised, a good decision is to involve law enforcement as early as possible. Electronic criminals frequently disappear and destroy all evidence of their activities.
3. Is it possible that deleted or hidden files may play an important role in this case?
There are three ways to collect electronic files for discovery:
* Forensically ? as described in the sidebar
* Semi-forensically ? using non-validated methods and applications to capture files
* Non-forensically using simple cut and- paste copy methods to move copies of files from one location to another. These methods do not include hashing files to ensure the files have not changed, which involves using a hash algorithm to create a mathematical fingerprint of one or more files that will change if any change is made to the collection.
For some matters, the content of electronic documents is all that matters. The context of the files ? who created them, how they are kept, how they have been accessed, if they have been changed or deleted ? is not as important.
For other cases, contextual information, including finding deleted files, is vital and requires a forensic collection. This includes
* Ensuring legal search authority of the data
* Documenting chain of custody
* Creating a forensic copy using validated forensic tools that create hash records
* Using repeatable processes to examine and analyze the data
* Creating a scientific report of any findings
Determining the value of electronic forensic file collection must be done prior to any data being captured. Once semi- or non-forensic methods have been used, it is impossible to return records to their original states.
4. Are backup tapes part of an active collection?
Some cases involve historical issues, making the method of handling computer backups important to address immediately.
Most businesses use a schedule of rotating their backup media. For example, in a four-week rotation, daily backups are done for a week and then those tapes (or drives) are taken offsite for storage. A new set of media is used for the second, third, and fourth weeks, and then those three tapes are stored offsite. On the fifth week, the tapes/drives from the first week are reused. This process is done for financial reasons, as it is extremely cost-efficient.
Backup tapes may become part of the active information required to be kept under a litigation hold. This requires cessation of any rotation schedule, and the 2006 amendments to the FRCP make it critical for the legal team to convey that information to the technology employees responsible for business continuity processes.
About the Author
Karen Unger founded American Document Management in 1989. She is an expert on document imaging and document scanning .
Litigation Aba
litigation aba
Former ABA President Robert Hirshon Joins Verrill Dana
Robert E. Hirshon, former President of the American Bar Association, has accepted a position at Verrill Dana, LLP, where he will serve in the Firm’s Litigation & Trial Department.
“We are glad to welcome Bob back to Maine, and thrilled that he has chosen to join Verrill Dana,” states Managing Partner K.C. Jones. “His reputation as a respected practitioner and a leader among legal professionals is widely known from Portland, Maine, to Portland, Oregon, and back again.”
Bob Hirshon served as the ABA President during 9/11 and its aftermath. Previously, Mr. Hirshon was a prominent litigation attorney in Portland, Maine for 30 years, serving as President of the Maine State Bar Association and the Maine Bar Foundation, and Chair of the Tort, Trial and Insurance Practice Section of the American Bar Association (ABA).
Hirshon soon switched coasts to work with the Portland, OR firm, Tonkon Torp LLP, where he served as Chief Executive Officer. He also served as the Chief Operating Officer of Stoel Rives LLP, a 370 lawyer firm based in Portland, OR.
“Bob’s tremendous professional experience, while rooted in Maine, is national in scope,” says Jones. “He brings fresh perspective, and inspiring enthusiasm.”
This fall, Hirshon will join the University of Michigan School of Law faculty as the school’s first Frank G. Millard Professor from Practice, and will maintain a part-time position at Verrill Dana.
Hirshon has accepted numerous awards, including the Howard Dana Pro Bono Award from the Maine Bar Foundation, the Muskie Award for Public Service from the ABA, and the Muskie Access to Justice Award from the Muskie Fund for Legal Service.
Hirshon graduated from University of Michigan and the University of Michigan School of Law and has received degrees from Willamette College of Law, University of Denver School of Law, and the Suffolk University School of Law.
“Verrill Dana is so much more than a ‘Maine law firm,’” says Hirshon. “They are preeminent in the region and their client base reaches across the map. It’s a perfect fit for me.”
About Verrill Dana:
Verrill Dana, LLP is one of the top New England law firms, known for providing first-class legal services in an attentive and receptive manner that often exceed clients’ expectations. Verrill Dana is a full-service law firm with over 100 attorneys running a nationwide practice from offices in Portland and Augusta, Maine; Washington, D.C; Boston, Massachusetts; and Hartford, Connecticut.
About Verrill Dana’s Boston Office:
The Boston Attorneys in our Boston office provides its business, institutional, and individual clients with sophisticated legal services and the personal attention and sense of value that have been hallmarks of Verrill Dana since 1862.
Since its opening in 2004,our Boston office has been serving clients in both traditional and cutting-edge practice areas such as: Higher Education, Stimulus Package, Health Technology, Immigration and H1B Visa Attorneys, Alternative Energy Law, Estate Planning, Matrimonial Law, and monitors the changing landscape of legal and business trends to provide services that address emerging issues critical to the needs of the firm’s clients. Two attorneys in the Boston office have been recognized by The Best Lawyers in America and four have been honored as New England Super Lawyers.
ABA approved Paralegal Programs in Los Angeles,CA?
Hello..I was wondering with anybody who has experience in Paralegal Studies.I was wondering if anybody here can help me out?Ok well first of all.Im fresh out of high school,and I want to get into a college that’s ABA approved in Paralegal Studies.So anybody from the Los Angeles or Long Beach,CA area please tell me what it takes to be a Paralegal or any guidance perhaps?I want to become a Litigation Paralegal.I’ve done some research on local colleges in the Los Angeles/Long Beach area.But i’m not sure if they are ABA approved?I would appreciate all the help I can get,and please no critizing.I’m a young woman wanting to get her education going and become a successful person.I hope this is enough detail =)
All ABA approved schools will be on this list: http://www.abanet.org/legalservices/paralegals/directory/
Congrats on choosing a career path! I wish I would have made up my mind so quickly!
Once you find an ABA approved school, see if they accept transfer credits from your local community college. You will save yourself a lot of money if you take the general education courses at a community college and have the credits transferred.
Categories: Litigation Tags: aba, e-discovery, law, legal, litigation, litigation aba, section of litigation aba
Litigation Today
litigation today
Estate Litigation Attorney From NewJerseyProbateLitigation.com
NewJerseyProbateLitigation.com provides general, current and interactive information regarding probate litigation and contested estates. This website is intended to provide the browser with general, current, interactive information written by an attorney whose practice is geared towards probate litigation and contested estates. The firm handles expert techniques to successfully and efficiently represent your clients in Contested Estate cases with their efficient Estate Litigation Attorney. When disputes arise between the executor of an estate and the potential beneficiaries of a will, a skilled estate litigation lawyer from the Law Offices of NewJerseyProbateLitigation.com works to establish the true intentions of the decedent, and honor his or her last wishes.
NewJerseyProbateLitigation.com works closely with the relatives and potential heirs of an estate to resolve disputes over contested property, bank accounts, personal property, and real estate property. Their attorneys are committed to upholding their clients’ best interests. This may mean going to court to vigorously fight a will contest. But if a protracted family property estate dispute will not prove cost-effective for a client, he believes in informing a client when the costs of proceeding with estate litigation may outweigh the benefits. They are prepared to handle any disputes that involve real property and they understand the many complexities and emotional factors that enter into a dispute over a will, and they works to ease families’ confusions and frustrations. Estate Litigation Attorneys can help in contesting the authenticity of a will, determining the rightful executor of a will, litigate disputes between a will’s executor and potential beneficiaries, petition for removal of executor due to abuse of fiduciary responsibilities. The authenticity of a will is one of the most frequently contested matters in estate litigation. If a will cannot be proved genuine and legitimate, questions arise as to the true intent of the decedent. If a will was composed under duress, undue influence, or pressure, the court cannot rely on the document to express the true intentions of the person who has passed on. Since this person can no longer speak for him or herself, capable mediator NewJerseyProbateLitigation.com works with families, heirs, and descendants to determine how best to serve the final wishes of the deceased. If mediation fails, estate litigation attorney will go to court for a fair resolution. With a solid foundation in real estate law, any attorney in their firm is well-qualified to handle any complex dispute involving the distribution of real property. For fast, effective resolution of will contests, probate, or estate management disputes, contact estate litigation lawyer from NewJerseyProbateLitigation.com today.
Can I get a felony for not paying off a Pay Day or Quick Cash loan because of out of state bounced checks?
I was called by someone from a financial solutions agency today and he said that Quick Cash, or the attorneys behind Quick Cash were going to begin litigation if I didn’t pay my balance. He said that I would be charged with a felony for out of state bounced checks form a year ago. Is this true? I really want to pay it off but I am in college and work part time and am not able at this time. Can they charge me with a felony?
It depends on how many checks you bounced. I don’t think you get a felony for your first bounced check, or even your second or third. I think it has to be over $500 to be charged with anything. They might be bluffing. They have to win the case. If you show up to court, you probably won’t be charged with anything. They just want their money. They’ll probably set up a payment plan out of court.
Recent court decisions in Perfect 10 v. Google action pose substantial threat to Rights Holders Perfect 10, Inc., the former publisher of Perfect 10 Magazine, announced today that as a result of two recent judgments of the District Court in his six-year copyright battle with Google litigation, the rights of copyright holders and celebrities significantly affected.
Categories: Litigation Tags: blog, e-discovery, law,, legal, litigation, litigation today
Litigation Readiness
litigation readiness
Litigation: an Overview
“If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.†Litigation is a very customary method which works on the foundation of this citation.
Litigation is another technique, in which both parties present their case before the Judge, the lawyers try their level best to get the final verdict in their client’s favor. The final decision is based on court rules and evidence and arguments presented by the lawyers. The Litigation considers only those issues which are under lawful frame; there is no room for emotional issues. This method involves filing of case, presenting of case supported by legitimate evidences trailed by heated arguments and number of trial sessions. The procedure is very expensive which makes a substantial cleft in your pocket. The usual time period involved in proceedings 11 to 14 months or more, bigger the number of trial session larger is the crevice. Moreover, the concluding upshot is not satisfactory as the absolute decision is of judge and not of the client. And Judge’s point of view is based on lawyer’s presentation of case. This technique affects the person psychologically also as in order to well- built their case lawyers usually humiliate the other party crossing all limits of graciousness. As the process been public, it puts both the parties to shame in society. Litigation is a real twinge which affects the very essence of your personality in all means let be emotional, monetary or physical.
Due to all kinds of headaches involved in litigation, usually lawyers recommend their clients to go for out of court settlement. This is a popular method usually known as “Settlement conference†, in this method the lawyers present their case in front of neutral party. The neutral party can be an experienced lawyer or retired judge. The neutral party after hearing both the parties and induce the parties to agree on the decision which is based on the unbiased third party point of view with regulation of law. Settlement conference saves both the parties from unnecessary humiliation.
Litigation is usually considered most appropriate in highly conflicted cases in which corporeal exploitation is involved. And parities are not ready to settle the issues through discussions or intervention of a neutral party. In such cases, the abhorrence is so much in existence that things cannot be worked out by serene and matured discussion as said earlier the court of law justify the virtuous and revile the iniquitous.
Categories: Litigation Tags: e-discovery, ediscovery, litigation, litigation readiness, litigation_readiness, readiness, roadmap to litigation readiness
Litigation Guidelines
litigation guidelines
City sued for drainage cleanup
A new civil lawsuit alleges that Half Moon Bay went too far when it sent maintenance teams to clear out vegetation along the drainage ditch along Kehoe Avenue.
Did Litigation and Junk Science Help Bring Down the World Trade Center? [Andrew Schlafly]
Expert Alphabet Soup – Jumble of Letters Represent Significant Expert Titles for Litigants and Judges
The financial forensic1 experts of today possess a litany of credentials and licenses that are intended to promote and define their particular expertise. This article provides attorneys and clients the recipe for the “alphabet soup†that follows the name of an expert in order to assist in their hiring or cross examination in litigation. Simplified explanations, commentary and web page references are included for the most common and widely-held litigation-oriented credentials2.
FINANCIAL: The CPA, Certified Public Accountant, is a state-issued license that is well known and respected by judges and juries. Currently, the CPA license requires a five-year college degree, passing what is perceived as one of the most difficult of professional exams plus two years of supervised experience. CPAs are governed by the holder’s state board of accountancy3 and the AICPA, American Institute of Certified Public Accountants4. CPAs must obtain forty hours of continuing professional education per year and must adhere to a strict code of ethics. CFAs, or Chartered Financial Analysts, 5 are focused on investment analysis and valuation. The designation requires an intensive educational course, passing a rigorous exam and three years of experience, but requires no continuing education. The CFP, Certified Financial Planner6, is oriented towards personal financial planning, requires passing a comprehensive exam and completion of thirty hours of continuing education every two years. CFAs and CFPs, along with CPAs, must adhere to strict ethical and competency guidelines. The CDFA, Certified Divorce Financial Analyst7 is a credential which requires passing an online exam.
BUSINESS VALUATION: Valuation credentials have become more prevalent in the last fifteen years and are essential if one is attempting to qualify as an expert witness. The ABV, Accredited in Business Valuation8, and CVA, Certified Valuation Analyst9 are issued by the AICPA and National Association of Certified Valuation Analysts, respectively. The CVA requires an intensive valuation course or holding of another valuation credential and passing a rigorous exam. The ABV requires a similar exam and valuation experience. Both credentials require the holding of a valid CPA license, therefore the ethical and continuing education requirements apply. The American Society of Appraisers issues the ASA, Accredited Senior Appraiser10, which requires a college degree, passing a comprehensive exam, five years of experience and obtaining forty hours of continuing education very five years. ASAs are usually not CPAs therefore they generally have less of a background in accounting and tax issues.
FORENSICS: A relatively new but rapidly expanding designation is the CFF, Certified in Financial Forensics11, which is issued by the AICPA. The CFF requires holding a valid CPA license, a minimum of one thousand hours of work experience and seventy-five hours of education in forensic-related disciplines. Since the CPA is required, the ethical and continuing education requirements apply. Almost all serious fraud investigators hold the CFE, Certified Fraud Examiner12. The CFE is issued by the Association of Certified Fraud Examiners and requires a bachelor’s degree, two years of experience, passing a comprehensive exam and completing twenty hours of continuing education per year.
REAL ESTATE: Commercial litigation and divorce often require a real estate appraisal. Two very respected appraisal credentials are the MAI and SRA, both of which are issued by The Appraisal Institute13. The SRA is more residential-oriented. The two credentials are not acronyms like the others described in this article. Current requirements for the MAI and SRA include completing rigorous education requirements, submitting specialized experience descriptions and receiving credit for a demonstration appraisal report. The MAI additionally requires passing a comprehensive exam. Holders of both designations must adhere to a strict code of ethics and are subject to a peer review process.
In the litigation context, how does one score the relevance of a set of letters? In addition to the education, years of experience and testing required to obtain a credential, the question of relevance is answered by the professional standards, ethics and continuing educational requirements of the credentialing organization. The most respected organizations require continuing education in their specific discipline and have procedures in place for public complaints and disciplinary proceedings that can subject an expert to legal and monetary consequences by way of suspending a credential. Most of the above-described organizations have disciplinary mechanisms in place, but all of the credentials requiring the CPA license as a prerequisite have the full force and effect of state statutes enforced by a government agency, each state’s board of accountancy.
The “alphabet soup†of credentials can be a jumble, but these letters can help the litigants and judges separate the wheat from the chaff. A practitioner attempting to qualify in court as an expert should hold a recognizable and respected credential if one exists in that niche. The CPA is essential for all things financial since judges recognize and respect the license. The CFA and CFP are essential designations in investment-related matters and both boost the expert’s credibility in divorces due to the personal nature of the finances involved. The CFF represents longevity and a commitment to forensic accounting and litigation support and the CFE represents intensive training for fraud-related engagements. A business valuation expert must have a CVA, ABV or ASA in order to demonstrate competency in this niche and a real estate appraiser’s credibility is boosted greatly if he/she has earned the MAI and/or SRA.
by Robert Vance, CPA/ABV/CFF, CVA, CFP
Visit the Valuation Services Web page
Lattimore Black Morgan & Cain, PC
615-377-4600
1Black’s Law Dictionary defines “forensic†as belonging to courts of justice.
2Other very credible credentials that are less widely held exist, but were not included due to space limitations.
3www.state.tn.us/commerce/boards/tnsba/
4www.aicpa.org
5www.cfainstitute.org
6www.cfp.net
7www.institutedfa.com
8http://fvs.aicpa.org/
9www.nacva.com
10 www.appraisers.org
11http://fvs.aicpa.org/
12www.acfe.org
13www.appraisalinstitute.org
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