Posts Tagged ‘law’

Fraud Lawyers

fraud lawyers

New Jersey Insurance Fraud Crimes Through the Eyes of a New Jersey Fraud Defense Lawyer

When we mention crime, even white-collar crime, insurance fraud is not what immediately comes to mind. Yet, insurance fraud has lately become one of the front-runners among the most often prosecuted white-collar crimes in New Jersey.

In fact, New Jersey has the toughest criminal insurance fraud statutes in the country. The Health Care Claims Fraud statute, N.J.S.A. 21-4.3 and the Insurance Fraud statute, N.J.S.A. 2C:21-4.6, make many acts of insurance fraud second-degree crimes. For starters, a second-degree crime in New Jersey carries with it a prison term of up to ten years and fines of up to $150,000.

The vast majority of insurance fraud cases in New Jersey are investigated and prosecuted by the Office of Insurance Fraud Prosecutor (OIFP) and these cases involve all thinkable areas of insurance fraud, including health, life, disability, auto, homeowners’ or commercial insurance coverages.

According the 2007 OIFP report, there was “a 10% increase in criminal sentences over last year’s figure and sent defendants to prison for a combined total of 147 years”. The report exemplifies the wide array of individuals who found themselves in trouble for insurance fraud: ” In 2007, OIFP recorded OIFP won convictions of four former police officers, two of whom will serve a total of 12 years in State prison. Four licensed health care providers received State prison sentences totaling 12 years. A licensed insurance agent was sentenced to a five-year State prison term. An auto body shop owner and his accomplice were sent to State prison for a total of nine years. The sentences imposed on several members of vehicle theft rings totaled 77 years in State prison, over $1.8 million in restitution, and $9,500 in civil insurance fraud fines”. The list goes on.

So, what is “insurance fraud” made of? One large area of Insurance fraud in New Jersey is Automobile Insurance Fraud. The most popular crime here is auto theft and “give up schemes”, where the owner or lessee of a car abandons the car or gives it up to a someone who agrees to dispose of the car. Next come staged accidents and fraudulent Personal Injury Protection Claims and criminal use of “runners”. These types of cases normally involve organized rings of “runners”, medical providers, and lawyers. Vehicle Insurance policies in New Jersey provide medical benefits for persons injured in car accidents as part of Personal Injury Protection (PIP) coverage. PIP insurance typically covers diagnostic testing and treatment for persons injured in automobile accidents. In many cases, uninjured passengers involved in accidents are contacted by “runners” who convince them to file claims for “soft tissue” injuries, such as “whiplash”. Such injuries are not easily verifiable by x-rays and MRI. In the end, “runners” receive their illegal commissions, medical and chiropractic mills provide unnecessary medical services, including fake diagnostic and treatment, for which they bill, and lawyers file unwarranted lawsuits.

Other case involving New Jersey Automobile Insurance Fraud are selling and buying fake insurance ID cards and insurance agent fraud where licensed agents steal insurance premiums or are engaged in fraudulent premium financing schemes.

Another large area that pays bills for New Jersey insurance fraud criminal defense attorneys is Health Care insurance fraud. Most such cases involve submitting fraudulent claims for payment for health care services that were never provided and received. The most often targeted individuals here are New Jersey doctors, dentists, chiropractors, nurses, physical therapists, pharmacists, and social workers.

The most widely used tool in New Jersey heal care insurance fraud prosecutions is the Health Care Claims Fraud status, N.J.S.A. 2C:21-4.3 that makes it a crime for any health care provider just to submit a false claim to insurance companies, no matter what the amount is. A non-provider only needs to submit a false claim for $1,000 to have committed a second-degree crime. Other criminal charges used in prosecutions of New Jersey health care insurance fraud cases are usually charges of theft, conspiracy, and falsifying records.

Another area of New Jersey insurance fraud is life and disability insurance fraud, both governed by the Insurance Fraud Statute, N.J.S.A. 2C:21-4.6. Life insurance fraud offense is submitting a claim that falsely represents death of a claimant or otherwise misrepresenting important facts concerning the claim. Disability fraud involves faking a non-existing condition in order to receive benefits or knowingly failing to disclose new income.

Probably the largest single area of New Jersey Insurance Fraud is Medicaid fraud, which is investigated and prosecuted by the OIFP’s Medicaid Fraud Section. New Jersey Medicaid Fraud can be committed by any health care provider that participates in the Medicaid program. New Jersey physicians, dentists, clinics, chiropractors, pharmacists, laboratories, nursing homes, etc. are routinely prosecuted for New Jersey Medicaid fraud.

The basic New Jersey Medicaid fraud crime involves billing the Medicaid program for services that were never provided or might not be provided by the billing provider, or when the amount billed exceeds the costs of services performed (over billing). Other Medicaid fraud charges in New Jersey may be associated with charges of patient abuse and criminal neglect.

Another related New Jersey Medicaid fraud area is Medicaid prescription and drug diversion fraud. This involves pharmacies billing Medicaid for drugs that were not actually dispensed. Doctors, who sometimes form “partnerships” with pharmacies to engage in this fraud, are understandably find themselves in deep trouble as well.

Home health care fraud is the last largely prosecuted New Jersey Medicaid fraud crime. Medicaid pays for personal care provided for eligible beneficiaries by certified home care assistants, aides, and nurses, all of whom must be certified and licensed by the State to participate in the program. Criminal activities in this are involve billing for services that were not provided, employing non-certified providers, and lying in the certification process.

New Jersey insurance fraud is a wide area and persons facing any of the insurance fraud charges should seek legal counsel as soon as they discover that they are under investigation. A consultation with a competent New Jersey fraud defense attorney is absolutely indispensable.

About the Author

Joseph Potashnik is an attorney in New York City and New Jersey practicing criminal defense and civil litigation. You can visit his websites at http://www.jpdefense.com (for NYC) and http://www.jpcriminaldefense.com (for NJ)

Im a victim of a fraud. what type of lawyer should I get? ?

I don’t what type of lawyer to look for? I was a victim of a mortgage fraud. they use my social security and this guy bought 2 houses. what’s really upsetting was the loan provider was my personal bank institution. I want to file a lawsuit. what type of lawyer should I try to contact?

Do not waste your time with a lawyer until you file a police report. You are a victim of identity theft. I’d worry more about my credit rating if I were you. Contact the 3 credit rating agencies and get a fraud alert put on your account (so that the person can’t do anything else). Cancel your credit cards and get new ones (notify them of the fraud). You should proceed with criminal charges first as it may pressure the defendant into making things right with you (if possible).

Litigation Forms

litigation forms

Avoiding Shareholder Litigation

Avoiding Shareholder Litigation

Here are a few strategies that we have employed to deal with shareholder disputes:

Assert Inspection Rights. This can result in some surprising revelations which, in turn, may lead to interesting results.

Expand Board of Directors. Expanding a company’s Board of Directors can avoid and/or eliminate a deadlock. It may also bring in a fresh point of view.

Purchase Control. If the shareholders each own an equal number of shares one shareholder may wish to consider paying a premium to buy a controlling interest in the company.

Seek Appointment of Provisional Director. If the corporation has an even number of directors and the board is deadlocked, any director or holder of at least 1/3 of the voting shares can petition a court to appoint a provisional director to break the deadlock. If the corporation has an uneven number of directors and the shareholders are deadlocked, any shareholder of at least ½ of the voting shares can petition a court to appoint a provisional director under certain circumstances.

File for Bankruptcy Reorganization. Under certain circumstances, a Chapter 11 bankruptcy reorganization can result in one shareholder, or a group of shareholders, gaining control of the corporation.

Initiate Involuntary Dissolution of the Corporation. Under certain circumstances (such as fraud, mismanagement or abuse), a court may order the dissolution of a corporation against its will initiated by at least 1/2 of the directors or 1/3 of the shareholders. (Depending on the facts, a shareholder with less than 1/3 can initiate this action.) The corporation or 50% of the shareholders may elect to avoid this result by agreeing to buy out the initiator’s stock for fair market value.

Sell Company to Third Party. If the shareholders are unable to continue in business together, the shareholders may wish to consider selling the company to a third party.

Execute a Buy-Sell Agreement. Of course, one of the best ways to avoid a shareholder dispute is to have all shareholders enter into a written agreement that sets forth what rights the shareholders will have in the event of certain contingencies (such as death, disability or deadlock). This is ideally done when the company is first formed but can be done at any time, including when a dispute arises.

These are just a few of the possible approaches that may be considered when faced with shareholder disputes in California. If you are dealing with a problem of this sort, we would be pleased to provide a first consultation at no charge.

SAP Releases New Version of SAP® Business ByDesign
SAP AG today announced the general availability of the feature pack 2.5 for the SAP® Business ByDesign⢠solution beginning July 30, 2010. This comprehensive, fully integrated on-demand business management suite is now available in China, France, Germany, India, the United Kingdom and the United States.

Prepaid Leagal

prepaid leagal

Litigation Settlements

litigation settlements

Purchase Structured Settlements: Understanding The Process Of Transferring Annuity Payments

Investors who purchase structured settlements must adhere to strict state and federal regulations. The purpose of structured settlement annuity payments is to provide Annuitants with long term income as compensation for injuries caused by neglect of a company or individual. Structured settlements are often used to compensate victims of automobile accidents, worker’s compensation injuries, or medical malpractice.

In order to purchase structured settlements, Annuitants must first obtain court approval. Nearly two-thirds of U.S. states prohibit the sale or transfer of annuity payments. Annuities are structured to provide income to injured parties to pay for ongoing medical expenses or replace lost income. Therefore, Annuitants must provide compelling evidence to a judge showing that selling forthcoming payments will improve their quality of life.

Structured settlements can also be established for individuals who win lottery jackpots. Instead of accepting lottery winnings in a lump sum cash payment, annuity payments can be established to provide income on a regular basis. Lottery jackpot annuities typically extend for twenty years.

Establishing annuity settlements for lottery winnings can reduce the amount of taxes owed and provide continued cash flow for years to come. Anyone fortunate enough to win lottery jackpots should consult with a structured settlement lawyer to determine options best suited for their financial needs.

Several reasons exist for selling annuity payments. The most common include paying off credit cards, medical bills and other outstanding debts; home improvements; college tuition; or to obtain cash for investment purposes.

Litigation settlements can be sold in whole or part. Investors purchase annuities at discounted rates and provide Annuitants with lump sum cash. For example, an Annuitant receives $50,000 per year for twenty years, which is paid on a quarterly basis. He receives $12,500 every three months.

The Annuitant requires $100,000 to invest in real estate to be used as rental property. In order to obtain the $100,000 he will need to sell two or more years of annuity payments. A funding source might charge upwards of 25-percent for providing upfront cash.

Upon court approval, the Annuitant transfers payment rights to the structured settlement investor. Transfer of rights must be authorized by the insurance company backing the annuity payments. Insurance companies are not required to authorize annuity sales or agree to payment rights transfers.

Legal advice should be obtained prior to selling or purchasing structured settlements. Attorneys can advise if settlement annuities can be sold, assist in negotiations, and determine if purchase offers are reasonable. Structured settlement lawyers should advise clients of advantages and disadvantages of buying or selling annuities, along with any tax ramifications.

Annuitants should take time to consult with several structured settlement companies and shop around for the best deal. One of the most trusted source for locating annuity buyers is the National Structured Settlements Trade Association at nssta.com.

About the Author

Simon Volkov is a private investor and published author residing in Orange County, California. His website provides numerous articles, along with answers to frequently asked questions about selling annuities and how to purchase structured settlements. If you need a buyer for your structured settlement, submit information via the ‘Structured Settlements’ form available at www.SimonVolkov.com. Investors are encouraged to subscribe to Simon Volkov’s private investor list to receive an updated list of investment opportunities.

WD ANNOUNCES Q4 REVENUE OF $2.4 BILLION AND NET INCOME OF $265 MILLION, OR $1.13 PER SHARE
Western Digital Corp. (NYSE: WDC) today reported financial results for its fiscal year 2010 and fourth quarter ended July 2, 2010. For the quarter, revenue totaled $2.4 billion, hard drive unit shipme

Debt Litigation Services

debt litigation services

Debt recovery services offered in UK-practical aspects

Debt recovery agencies offer such services in association with its network of debt recovery professionals including collectors and lawyers across various industry sectors. The services offered by such companies include commercial, corporate and sovereign debt recovery.

Such debt recovery companies combine a variety of pre-legal recovery and negotiation strategies aimed at amicable settlement while looking to avoid litigation for debt recovery. The aim is to avoid litigation unless it is absolutely necessary as clients may want to continue having a commercial relationship with the debtor in future.

Pre-legal debt collection services include a combination of letter and possibly telephone based requests. Pre-legal debt collection strategies and methods include issuing of a letter before contemplated action and in instances where a client has several debts to be collected, prioritizing such client’s debtors for payment. In deserving cases, pre-legal negotiation strategies also include working on a new repayment plan for debts which would have otherwise been written off.

Communication with the debtor, face to face negotiations with the debtor (where possible), letter before action, collections is the typical pre-legal debt collection services.

On failure of pre-legal debt collection measures, recourse is made to legal action for debt recovery. Debt recovery companies work with and instruct lawyers for this purpose across different jurisdictions. Such companies also coordinate and manage any kind of litigation against the debtors. They aim at not only securing judgments and awards but also at enforcing them.

To seek successful enforcement of judgments and awards, such companies can at client’s instructions also offer other services that help in identifying attachable assets. Such ancillary services include preparing trace reports and making necessary collections, preparing pre-sue reports, asset trace reports, company search report and property related search report.

Morgan Walker Legal Services Pvt Ltd under the trade name Debt Recovery Counsel provides such services on a No Success/No Fee Agreement basis. On successful recovery of a debt however, a small commission is charged. Lower the claim amount higher the commission charged. The commission rates also vary depending on other criteria such as individual one off claims, bulk debt recovery requests, international debt recovery etc.

Claims run on Morgan Walker Legal Services Pvt Ltd’s web managed service costs you nothing win or lose. Personal phone calls and personal visits and conversation with representatives and /or solicitors engaged by Morgan Walker Legal Services Pvt Ltd are however additionally charged for.

Whilst best efforts are made to avoid matters progressing to litigation, if matters however do so progress, solicitors who enter into a No Success/No Fee Agreement in relation to their legal costs are appointed. You may in the process be advised to take out a litigation protection insurance policy to protect against any other potential costs. The No Success/No Fee Agreement that you would be required to enter into with us, would further clarify the terms of engagement and percentage of success fee charged on engaging lawyers engaged by Debt Recovery Counsel.

For more info : Visit  www.debtrecoverycounsel.com

Law Litigation Software

law litigation software
What are good brands of software to use to learn the legal profession?

What are good brands of software to use to learn the legal profession?
I want everything from legal document software for LDA’s to getting higher LSAT scores to getting knowledge about law legal research and being prepared for law school and Litigation as well as learning specific like california law etc

Home & Business Lawyer Deluxe 2006

http://www.freetotry.biz/home-and-business-lawyer-deluxe-2006_4519-46.html

LiveNote Demo

Warez and the Crack Factor of Internet Piracy Can Piracy Law Stop Crack Addiction?

 

Warez often originates from hackers that crack a code for the thrill of the challenge. But “crackers,†those in the hacker world who crack and profit from software piracy, have capitalized on the efforts of hackers and their cracked codes – successfully building a billion dollar international underground economy. This underground community of “cracker†pirates thrives on international software and Internet piracy.

Litigators, copyright holders, and media giants are working together with law enforcement agencies to beat down the doors of the pirates’ virtual underground warehouses. New copyright laws and international piracy treaties are on the table at nations across the world, awaiting rewritten code to revitalize current piracy laws and keep up with the swift currents of Internet technology. FBI operations go undercover by names such as the 2001 Operation Buccaneer, Operation Bandwidth, and Digital Piratez, and the more recent Operation Site Down, Operation Copycat, Operation Jolly Roger and Operation Fast Link. Warez Operation Buccaneer resulted in 58 search warrants worldwide – which was the “largest†crackdown of 2001. Operation Bandwidth corralled the pirates by setting up a fake warez software piracy website. The Digital Piratez operation resulted in only 9 warrants. This was just the beginning of the Warez crackdown and the FBI’s foray into the world of crack addiction.

The warez pirates continue to circumvent the piracy laws that are on the verge of crumbling down their underground economy. As they continue their overseas pirating escapades – so to does the FBI continue their undercover operations. A 2008 United States Department of Justice report summarizes the statistics of the warez operations Sitedown and Fastlink – which resulted in 108 felony convictions, confiscation of over one-hundred million dollars worth of pirated software, and 200 search warrants that traveled to over 15 countries. Far more than the 58 search warrants that served the pirates of 2001. In 2007, there were 217 intellectual property cases filed. Letters from hackers under investigation litter the Internet – warning their co-conspirators to “get out†before it’s too late.

The FBI wasn’t alone in the warez crackdown operations. Fifteen countries assisted the US in their search for warez piracy. Suppliers who supply the hardware to a warez website, Scripters who help build a website, Brokers who develop active groups, and Encoders who overwrite the copyright protection, have all been held liable in federal court. Charges included not only copyright infringement, but also conspiracy to commit copyright infringement, circumventing copyright infringement and trafficking illegal goods.

Piracy law will continue to gain attention by law enforcement agencies and warez pirates. The US House unanimously approved the Prioritizing Resources and Organization for Intellectual Property Act which allows for current federal law to be rewritten for liberal seizure procedures and the creation of a position for a presidentially appointed U.S. Intellectual Property Enforcement Representative. It also creates a new division in the Department of Justice for intellectual property enforcement and ten positions within embassies. Internet piracy is being tracked daily by the feds. But the heat won’t be putting out the pirates completely anytime soon.

The warez scene is addictive. Hackers live for the challenge of cracking a code – even if there isn’t any financial gain. Warez groupies get a rush from seeing how fast a cracked file can start spreading like wildfire. Pirates that serve international traffickers prey on these addictions – offering slick trades of expensive hardware and digital ware that feeds the warez scene. Piracy laws are building up strength to fight billions of dollars of intellectual property theft and copyright infringement. But they are also fighting an addiction. And addictions can skew perceptions. The hackers and crackers of the warez scene might not see the reality of piracy law until the Feds come knocking at their door. Reality will then strike as hard as the clang of iron bars.

 

Case Litigation

case litigation
I work for a law firm, litigation case Jack and I work hours, he reported 2-3hrs a day more should I report?

We are working on this case together and the same hours not working overtime or on weekends but I notice he reported he worked 2-3 a day more than I. What ethical rules are involved here, what should I do in this situation and what options does the law firm have?

you obviously dont know all the facts, do you think it might be possible that he didnt take a lunch break/any breaks for that matter. or maybe he worked an our or 2 from home? you dont know what he is doing every second of the day so you cannot make the assumption that you have the exact same time as he does….i would mind my own business if i were you…cuz if you report him thats just going to open up a whole can of worms and drama that you nor him need. his hours are HIS business and you shouldnt stick your nose in others business–espeicially when its only a few hours extra

Litigation Trade Secrets: Tips and Tricks of the Trade. “Building Your Case File”

Mediation as an Alternative to Expensive Divorce & Litigation

The Adversarial Process

A divorce is handled as part of our legal adversary process.  By design, the process pits one side against the other.  In general, Divorce Attorneys are trained to be advocates, to “win” the case and “defeat” the other side.  The tactics that are used to obtain those results in a divorce are expensive and destructive.  Divorce attorneys use a process called “discovery” to prepare their case for trial, which gives attorneys the tools with which to attack the opponent and to gain psychological as well as legal advantage.  Depositions (examinations before trial) of friends, family and business associates, production of tons of documents, scrutinizing personal activities, and evaluation and criticism of each spouse’s role as parent, are all part of the tactics used to “win” the case.

The theory is that the decision-maker (the judge) has the benefit of the most persuasive argument from each side and the attack by cross-examination reveals the weaknesses of each side’s position.  Though this maybe an effective way to make decisions in commercial and criminal cases it certainly is not appropriate for the troubled family.  It pits husband against wife, mother against father and hostility escalates.  No one wins!

When you add the divorce out of pocket costs, divorce filing fees, divorce case witness subpoenas, divorce court reporter fees and divorce transcripts fees, the cost of the divorce case litigation often exceeds the amount in controversy and wastes hard earned marital assets.

Even if you are not preparing to go to trial, communicating back and forth through your divorce lawyers in an attempt to settle the case, results in a significant cost in time and money, and even in such case, each attorney is representing his or her client’s interests in trying to get the best outcome for them.  Eventually both sides usually end up going to mediation anyway, in an attempt to settle the case days before they are scheduled to go before the judge for trial, resulting often times in the parties feeling “pressured” into accepting a settlement.

For many divorcing couples, mediation has become a practical alternative to the financial and emotional costs of traditional adversarial legal representation.  Mediation provides the opportunity to find fair and realistic solutions to the economic and practical issues facing the family.  The earlier in the process mediation is used, the more likely a couple is able to avoid the destructive nature of traditional litigation.

Mediation is based on the premise that the people getting divorced are in the best position to make decisions that will have long-term personal and financial consequences on their lives, rather than allowing a judge to make those decisions, who does not know your family, nor is vested in the outcome of your case.

Benefits of Mediation

* Make your own decisions

* Private and confidential

* Facilitates long-term communication

* Promotes cooperation and consensus

* Benefits children by reducing conflict

* Agreements are tailored to participants’ needs.

* It saves time and money

If you are going through a separation or divorce, the process can be pretty confusing and stressful.  When trust has broken down, it helps tremendously to work with a neutral facilitator, or mediator, who can take you through the issues one by one, looking at options.  In mediation, we look for choices that might satisfy everyone’s needs.  Even if there is tension and anger, mediation can assist you in planning a future that meets your children’s needs and yours.

Divorce mediation is a voluntary process where divorcing couples work together with a trained mediator to negotiate and resolve their differences in a non-adversarial divorce process.  Divorce mediators can help you and your spouse reach an agreement on all issues including property distribution, alimony, child issues, (custody, shared parenting, child support, etc.).  The agreement results in an “uncontested divorce.”  Divorce Mediation is less expensive and less emotionally destructive.  Mediated divorces have a higher rate of satisfaction and long-range cooperation, and a lower frequency of costly returns to court.  However, to be able to successfully mediate, both sides must be willing to participate meaningfully in the mediation process.  That means both sides must openly disclose and exchange information about assets, debts and other information necessary to come to a complete resolution.  Both sides must be willing to also consider the needs of the other party and be willing to compromise on some of their own issues.  The process focuses on the future, rather than the past.

Probate Litigation

probate litigation

Protect your right and interest with Estate Litigation Attorney

After the sudden demise of the dear and dear ones, disputes can arise over the dead persons will or the probate administration process, and after all huge money is involved and when significant assets are at stake, the dispute can become decidedly unfriendly. In this situation, you may need an estate litigation attorney to protect your rights and interests. New Jersey Estate Litigation has the authority to appoint any law firm who are experienced and accomplished with will contests, represents plaintiffs and defendants in all types of estate litigation which includes probate litigation, trust litigation, will contests and other estate disputes.

During New Jersey probate process, an executor must perform his or her duties in a prudent and reasonable manner. When an executor does not do so or when other beneficiaries of the estate suspect wrongdoing committed by the executor, then a lawsuit may arise. This way at New Jersey litigation probate, a client can protect ones right, interest and property is an amicable manner.

The main objective of appointing a New Jersey Probate Litigation Attorney is that they provide an experienced and a full spectrum of authentic and sophisticated legal services in the areas of business and personal tax, estate and trust planning and estate administration. New Jersey Probate Attorney has the vast experience and extensive knowledge in the areas of estate planning, plan for the least possible tax burden and administrative expenses while maintaining maximum flexibility with the clients to help realize their legal objectives.

New Jersey litigation attorneys are highly qualified and experienced practitioners representing clients in all types of general civil litigation and commercial litigation, ranging from relatively simple contract disputes to litigation involving complex questions of law. Besides New Jersey litigation attorneys are maestro in handling various legal disputive cases like probate disputes, partnership disputes, real estate litigation and many legally tough and complicated cases. When a will contest or dispute over the distribution of assets arises, you should seek legal counsel to ensure that your rights and interests are fully protected. The reason for free consultation with an attorney to discuss their assistance for the will contest or contested estate, like will was made under duress or force, wiil was forged and testator was incompetent to make the will, expert techniques to successfully and efficiently represent the clients in contested estate cases by effectively and manipulatively navigate general court rules, review and challenge accountings and attorneys fees, respond to breaches of fiduciary duties, including when and how to remove fiduciaries, handle issues involving reformation, and lastly successfully represent clients on either side of a will contest.

8 Candidates Vie For 2 Judge’s Seats
Eight judicial hopefuls told a luncheon group at the Women’s Chamber of Commerce why they are qualified to be Palm Beach County judges.

Litigation Overview

litigation overview

Enterprise Storage – an Overview

When you think about your home computer, and all the information you store on it, you have the beginning of an understanding about computer storage. At home you store your tax documents, your other personal documents, your photographs, your favorite music, and more on your personal computer. To protect this information from system crashes you do things like back up your files, purchase external hard drives, and install security programs. At a company’s enterprise level, it is a bit more complicated.

The least permanent type of enterprise storage is online storage, also called the “cloud”. This refers to the data and information that the company’s employees and consultants have to access on a day-to-day basis. Ideally, online storage is reliable in that it allows users to access the information when they need it. Additionally, online storage can be costly, so an enterprise storage solution that is smart about how and for how long a user accesses data is best. Online storage utilizes a disk storage system called a disk array that minimizes power outages and maximizes the availability of access.

Companies back up their files and data, but on a much larger scale. It is similar to backing up personal files in that it makes copies of data so that if there is a surge or a system crash (or any other data disaster) it is possible to restore the data in its full integrity and completeness. In an enterprise storage situation, the data is protected in an offline storage location. The data is usually stored in tape libraries, and the company is charged a per byte fee for storage. This cost is usually more than the cost of regular internet access, but less than the cost of regular online storage. This is usually done for short-term data retention.

For long-term data retention, companies will archive the data. Archiving is like backing up the data, but it is more than just copying and storing the data for later use. The data that is archived is usually very important to the company in terms of regulatory compliance and protection from litigation, and specialists analyze the data to figure out the best way to store future data of the same category, and how to handle ongoing enterprise storage expansion problems and future enterprise storage policies and procedures. If you view backups as a series of post office boxes, you could consider archives to be the bank vault itself.

A good enterprise storage solution will also provide protection against a total system failure when massive network attacks, system outages, viruses, worms, and hardware malfunction occur. These events – be they hackers, natural disasters, or otherwise can wreak havoc on a company’s operations. That is why most companies have (and all companies should have) a Business Continuity Plan, which uses the enterprise storage solutions in place to develop a disaster recovery plan that will enable the company to function when its resources are compromised. This is why backups, archiving, and other enterprise storage strategies are so important.

Dictionary Litigation

dictionary litigation
Did Bush mean to liberate Iraq? or liquidate it?

Main Entry: lib·er·ate Listen to the pronunciation of liberate
Etymology: Latin liberatus, past participle of liberare, from liber

Excellent question! I initially hoped that he had enough of heart to liberate, but everyday, Im am so shocked and incredulous by the actions of the Bush administration, that I find it hard to say “Both.” The American public will only learn all of the details of this ridiculous war when Bush is out of office, and McCain-Bush machine is defeated in the 2008 election. Although, the million dollar Bush library that is being built in Texas is going to be a secured private tomb, I hope that the true actions of this selfish Republican party that has recked havoc over last 8 years will be dug up and known to all.

Scientology:Andrew Morton’s Tom Cruise Biography controversy

Indian Divorce in U.S. Courts

In most circumstances, a judgment of divorce of a foreign national court has no independent force outside the forum’s territory. Thus courts will enforce their own judgments within their own national boundary.

As a general rule, a judgment of a court of one nation may be recognized and enforced in another nation if the courts of that nation are willing to accept the decree of the nation where the judgment was issued.

Recognition and enforcement of foreign judgments occur when a U.S. court relies upon foreign divorce ruling, on the ground that it has been previously litigated abroad. Thus recognition of foreign divorce judgments is akin to the domestic U.S. doctrines of res judicat (or claim preclusion, prevents parties of a claim from re-litigating the same claim), and collateral estoppel (or preclusion which extends the preclusive effort of a judgment to re-litigation of issues that were decided in a prior action.) The enforcement of foreign divorce judgment is typically sought by a plaintiff who has obtained a judgment in a foreign country.

In the United States, the judgments of one state’s court are routinely enforced in another state. Article IV, Sec. 1 of the U.S. Constitution requires that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other state.” Congress has implemented the full faith and credit clause by statutory enactment providing that judicial proceedings “shall have the same full faith and credit in every court within the United States…as they have by law or usage in the courts of such State…from which they are taken.” (28 U.S.C. Sec. 1738. 1982).

The Doctrine of Comity

Presently, in the United States, there is no federal standard governing the enforcement of divorce judgments rendered by foreign courts. Unlike state judgments, foreign judgments are not covered by the full faith and credit clause of the U.S. Constitution and other statutes. Nor are there any federal statutes to enforce foreign divorce judgments in U.S. courts. The United States is not party to any international agreement regarding the mutual recognition of divorce judgments.

With the absence of a treaty or statute upon this subject, the duty rests upon the judicial tribunals to determine the rights of the parties in divorce suits brought before them. In doing this, the courts obtain such aid for their judicial decision, from the works of jurists, commentators and academic scholars, and from the acts of civilized nations. Thus U.S. courts may give recognition to the judgments of a foreign nation as a matter of “comity.”

The “doctrine of comity,” in the legal sense, is not an absolute obligation; it is a courtesy, where the court may recognize a foreign court order, but is not compelled to do so. This extension or denial of comity is discretionary to the U.S. court

Indian nationals domiciled in the United States, initiate divorce in India. Many of them have dual US-Indian nationalities. They travel to India for the sole purpose of obtaining divorce judgments from Indian courts. Then they travel back to the United States and serve the other spouses with divorce papers. Do the U.S. courts extend comity and recognize the enforceability of those divorce judgments? Or do the U.S. courts assert their own jurisdiction on the divorce cases? The key concepts in this “conflict of law” in the United States are two: subject matter jurisdiction (or competence), and personal jurisdiction.

For a foreign court to have authority to adjudicate a dispute involving divorce, it must have jurisdiction over divorce issues. A divorce can be granted only in a court designated to hear matrimonial cases. It is well settled that U.S. courts will not enforce foreign judgments unless foreign courts possessed “competence” or subject matter jurisdiction under foreign law. Consequently, lack of subject matter jurisdiction is a basis for non-recognition.

Personal jurisdiction, known also as “personam” is the power of a court “to hear and determine a lawsuit involving a defendant by virtue of the defendant having some contact with the place where the court is located.” (See http://legal-dictionary.thefreedictionay.com/Personal-Jurisdiction). Personal jurisdiction is a basic pre-requisite for the enforcement of a foreign judgment. The foreign court issuing the judgment must possess personal jurisdiction and authority over persons within its territory. This includes: domiciliary, citizenship, place of marriage, etc.

U.S. courts generally, are able to decide divorce cases based on at least one of the spouses being domiciled or maintaining a habitual residence within the geographic jurisdiction of the court. Domicile is defined as physical presence and an intention to live permanently in a location. Such intentions are determined by where a person is registered to vote, filing state tax return, state issued driving license, which school the children go to, does he or she join a gym in the area of residence and where the home is located, etc.

Divorce cases involving multinational jurisdictions are complex. Foreign divorces may involve immigration matters, child custody, division of marital assets and support orders, which have their own specialized enforcement issues. In most cases attorneys and litigants consult with experts in foreign laws before determination.