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Facebook Rants, Free Speech or Criminal Threat?
The man in this case was imprisoned in 2011 for making remarks on Facebook about wishing to kill his estranged wife and others, including one of the Federal Bureau of Investigation (FBI) agents who had visited him. He was sentenced to three years and eight months in federal prison.
Criminal Liability in Internet Speech
In an eight to one majority decision, the Supreme Court overturned the criminal conviction, citing that the reasonable person standard was not enough for conviction. The jury was wrongly instructed, having been told that the standard should be whether or not a reasonable person would regard the words as a threat, and that is incorrect. Instead, it decided, the prosecution must show that the writer's intent was meant to be threatening. Criminal liability must consider the defendant's mental state.
There is widespread interest in this case, because the Supreme Court was asked to define what constitutes criminal liability in Internet speech. Proponents of free speech were concerned that the casual posts and written Internet exchanges in which many people engage would be subject to scrutiny wherein no harmful intent is implied. Prior to this ruling, in many federal jurisdictions including New Jersey, Pennsylvania and Delaware, the standard was only that the subject of a violent Internet expression must feel threatened.
In the ruling, Chief Justice John G. Roberts, Jr. stressed that the decision is a narrow one, and the law in question does not explain what mental state is required for conviction. Justice Samuel Alito dissented in part. Although Justice Samuel Alito agreed with the reversal of the conviction, he disagreed with the reasoning of Chief Roberts, stating that the undefined mental state requirement for criminal conviction should have been better defined, and he expressed concern about ramifications for the lower courts in deciding similar issues.
The man in this case was released from federal prison in February 2014, and was subsequently jailed in April 2015 on domestic assault charges for hitting his girlfriend's mother with a pot.
The United States Attorney's office in Philadelphia is seeking another trial.
Family Law Attorney Chicago Dream World Vs Real World
The word Divorce conjures up an image of pain and anxiety in every one's mind. The good thing is that today's society no longer consider divorce to be a stigma and does not look down upon women who are single and divorced. If anyone is getting divorced it doesn't look odd for divorce has become a way of life. It is not only the young couples who are just married who run the risk of divorcing, but even those who have been married for decades tend to divorce too.It has become common for us to see our relatives and friends who have been couples and married for over twenty years breaking up suddenly. It is when such a thing happens to someone close to you that you get affected and go into a thinking mode about the fragile human relationships and life .
Women have always risen above their self and putting themselves behind, they have looked at playing the perfect wife, the perfect mother and the home maker. With today's generation, women believe in themselves, wish to pursue their dreams and make a mark in their chosen field of interest.Every girl grows up believing in the fairy tale weddings and wanting to meet a prince charming who will swipe her off her feet. But then once she is through with her college and takes up a job, her understanding of life begins to change. If her parents happen to divorce at this time, she is thrown into another world suddenly or her world comes crashing down. This does happen in real life and it happens to many.
Despite the realities, the girls still dream of Mr. Perfect and find a partner to get married to. The romance and the wedding bliss does manage to keep them going for a while and after sometime they fall into a normal routine life. It is then that the reality of life and relationships begins to emerge. Even if the man turns out to be the perfect man of her dreams, the fact of the matter is that she has evolved and her own ideas of perfect relationship are no longer relevant in the real world.
In many cases women manage to work hard and build a successful career for themselves, maintain a home and manage their family too. The day begins with playing multiple roles and attending to multiple tasks till the end of the day. Somewhere down the line the time comes when suddenly she finds that he husband has moved away from the relationship and when this reality strikes, he decides to leave home. He leaves the home and she is left wondering whatever happened and where did she fail?. She remembers all of the sacrifices that she made for his sake. She would have given up all that she has and move to another town to start a new life all over again, just because she wanted him to go ahead and start his new business in new town.But in reality, she has been a super woman all through. The actual fact is that the man has not been able to accept graciously the fact that his wife has been a super woman and an achiever. Somewhere along he would have started drifting away from the relationship but she would not have realised it. But then coming back to the present reality, the relationship is over. Even if the couple consider continuing with their marriage, it is pointless and will not survive for long.In such a situation is Divorce not warranted? Think for yourself.
How to Choose An individual's Tungsten Engagement Rings
All that is definitely everlasting is usually shift. It goes for the purpose of weddings overly. Over the years people have went out of the classic bright wedding ceremony turn out to be even more ambitious utilizing their themes or templates. Wedding bridal ring is forgotten inside foray and one of your thoughts instantly rising in popularity could be the tungsten ring.This chemically ideal time period just for tungsten jewelry will be tungsten carbide considering they are manufactured from an ingredient who has the two tungsten and also h2o. Eliminate the h2o and along with the engagement ring is certainly not even more than a run-of-the-mill type of material without having the even more good taste which in turn is just not a product you choose.
Tungsten Rings
Tungsten carbide is among the most difficult materials in the world, next only to gem. The reality is stones should be found in that producing steps involved in this specific necklaces. Using a terrible afternoon, you may virtually sludge hammer apart at the wedding band without having stressing regarding denting this rock band. While you might n't want everyone believing that you might have went marked chattering mad.A regular disbelief who adheres to the following the reality is that in case an important tungsten carbide diamond ring can get caught on the ring finger, you'll want to suffer a loss of the two. Less than. That bridal ring is generally easily cleaned up and removed by just a health care professional. With no, your personal handy doesn't have to be minimize as well as yanked from along the way.These are somewhat heavy because the product may be a significant combination. Despite the fact that they often a bit of becoming accustomed to, shipment be transporting a powerful hippo with your kids finger which means you should not discount these individuals down as of this time.
Cobalt Wedding Rings
Re-polishing is undoubtedly possibly not from the tungsten carbide thesaurus. Many people preserve the main gleam. I trapped myself going to express individuals years softly even so the issue is really because you shouldn't time in any respect. Clearly, not really concerning visual appearance. What longevity can you become?Sparkling magical best talks about home furniture regarding tungsten carbide. Still, if you happen to need this added air flow about program and class, charcoal tungsten carbide companies are definitely the strategy to use. This differentiation between the raven charcoal group of musicians along with a beautiful gem into position might be above lovely. Incidents where curse in which precious stones look bigger on black this fabric. Nevertheless Let me leave that to be able to determine.
Tungsten Wedding Rings
Tungsten is definitely chemically inert consequently it isn't going to interact with high sodium mineral water or even the sun's rays. Put differently, there's really no need to worry concerning rust. It is additionally hypo-allergenic which suggests anyone can use them, even especially those with very sensitive body. Nonetheless, be cautious about construct y carry cobalt. In truth, jog for the mountains if you found 1 because they purpose major pores and skin pain. Typically the safe substitute made use of by nearly all jewelers might be impeccable.It in contrast should not be resized. Still, quite a few jewelry retailers do offer your entire life make certain in order to change an individual's call when needed. If you can't guarantee how the dimensions of a person's ring finger will not likely change as time passes, you need to locate one.The prevailing inconvenience wherever tungsten carbide wedding rings in order to is the fact they're not smear free of cost. You will have to take it off every once in a at the same time to freshen up the application using a smooth fabric. That's about that to perform to make it giving the impression of its brand new.
A Guide to Retirement Home Activities
Need help making a decision about Assisted Living or Independent Living?
If you and your parents have decided it is time to move them into an assisted living facility it is very likely you've started doing your research. When selecting the right senior care it is very important that you investigate a number of different things. We all know the list of minimum important services assisted independent living locations offer such as housekeeping services, laundry services, and dining services. Bearing this in mind there is certainly so much more that can be given to the senior care residents to enhance their life and the enjoyment of their stay.
A senior living facility is there to look after the emotional well-being of their clients in addition to a senior's medical needs. It is for this reason you should look for a facility that offers some incredible indoor and outdoor activities for each and every person in the senior home. The residents of the facility should have a say in the activities that are offered and there should be offerings for seniors at all levels of physical abilities.
A retirement facility will offer a variety of healthful and fun activities for their residents.
We would like to take the time to discuss some of the activities that independent living residents would appreciate on a daily basis. While there is a large list full of many exciting activities, it is by no means all-inclusive. These are just ideas to consider and things to look for when searching for the ideal facility in your area. We find that retirement facility residents enjoy variety, so an ever changing schedule based on the residents' needs and wants is ideal. Of course, the facility should take care to keep the activities that are well received as well. The independent living facility should conduct ongoing assessments of the opinions of their residents to make sure that they are providing exactly what the seniors desire and eliminating some of the misses.
Remember, activities should be both indoor and outdoor because fresh air is important. More than likely, the more often residents spend time outdoors the happier and healthier they are. Getting the opportunity to move around and stay physically active is important to daily health. On top of getting out and about and moving some muscles on a daily basis, residents will have a chance to socialize when participating in regular activities. This also contributes to the emotional well-being of everyone in the retirement facility.
Mental, physical and emotional well-being should all be a priority at the facility you choose.
Very much in line with promoting the emotional well-being of assisted living residents, look for a facility that offers spiritual services and things like Bible study groups for those who would love to attend. You may find at some facilities that these activities wind up being the most popular. And sometimes residents love to just be able to kick back and enjoy themselves, which is why facilities should also offer things like karaoke night, billiards and bowling, bingo, as well as movie screenings with concessions. These are the kinds of activities you should expect to find at the best assisted and independent living facilities in the country, and some places will go the extra mile to make sure they offer things others would not even think of. Some of the additional activities you may find in your research are pet therapy, exercise classes, and even scheduled weekly trips to the local shopping malls or community events.
The decision process is difficult so information is the key.
We know going into a retirement home can be a very difficult process for both the senior and family members. Look for a facility that will do absolutely everything humanly possible to make sure the process is not only painless but extremely enjoyable. Visit every facility in your area without your senior loved one and decide on the top two or three facilities. Then bring your loved one to see them. Make your senior part of the process if possible and they will receive the decision better and more than likely have a smooth transition. All facilities should offer a free guided tour and give you the opportunity to meet their staff and taste their food. We know if you follow this advice the process should go smooth for you.
The Key to Success With an Online Business
Do you have headache looking for what to offer your social contacts in their birthdays, anniversaries or any special incident? I have. The more you are concerned addressee, the more time and energy you will spend on this present choosing process. However, finally, can you guarantee that's the gift they like? It can be not. Then all the energy you have consumed is thrown away.
Yet, gift giving is such a lovely gesture to do nevertheless. So how can we solve this problem? We offer you the simple solution, gift card. All you have to do is purchasing the card and pass it to your loved ones. They will purchase the gift of their pick. It's nicer and safer than giving cash many times.
The values don't stop here. The gift card we are talking about is Visa gift card. It works exactly like a debit card. The card owner can obtain anything they love to have online or through phone or in person. It's very convenient. You, instead, can get the card in more than thousands stores and banks around the country. If you don't have time, get the card online no where else but from our website http://100usdvisagiftcard.ifreeprize.com. We will hand it to your gift recipient. Any amount of cash is ok, it operates just like a debit account. The only thing not the same is that is will create pleasant to both you and your families and friends.
More than a normal gift card, Visa gift card make it possible for the gift receiver to acquire in anywhere not just online but also offline or even hotels, gas stations or tipping. The tasks are just: swipe, sign and go. They can also shop more than the money in the card and chip in with more money from any other resource, for instant, credit card or debit card. Visa gift card enriches user experience by allow you to return what you shop and get repayment as long as you keep the receipts. More than that, with best safety protocol provided, it is only usable by activating using numbers given out from the card purchaser to the beneficiary. Phone us by the number provided on the card then you're ready to shop. After activating, Visa also guarantees that if you lost the card, you just have to tell us and provide us with procurement information. The card as followed will be blocked and we will hand you back another card with new activate number. Your balance is unquestionably safe with us.
Visa gift card enables you know your money. With one card, your friends or families can buy more than just one present.
We also offer you buy the gift card in large quantity. This is a way for employers to motivate their employees in a smart and safe way. Another method for corporate use is to use Visa gift card as expressing appreciation to your business partners. Buy more, we will offer you many of our campaigns. Price cut and no fee extras benefits will be provided if you choose to obtain the card on our website http://100usdvisagiftcard.ifreeprize.com.
Moreover, you can shop the gift card of your own design. In this way, you can indicate how much you like for the gift recipient. There are so many formats available on our site for your ideas. Click http://100usdvisagiftcard.ifreeprize.com to find out more.
Because of the great benefits Visa gift card give customers, we are pleased to give out $100 Visa gift cards to our website customers. Members that meet the requirements below will receive this great gift card from us immediately.
Initially, you have to sign up at http://100usdvisagiftcard.ifreeprize.com. The registration will only take you 5 minutes and it is completely free of charge. You will then be able to access to all our site's special offers. They are all the best compared to any commercial site as we promise. The second action you need to do is bringing together this Internet site to 3registrants, either your friends or your families. It's similarly a amazing opportunity for them to enjoy the advantages we bring just like you do. Because of all the values we bring, we are sure that your network will get bigger super like a flash. One supporter can attain up to 15 branches in one set of connections. If your set of contacts on our commercial site grasps up to 30 people fellows, you meet all the requirements to get the $100 Visa gift card, which will be handed in completely completely free to your doorway. Up until now, we have rewarded more than hundreds gift cards to our loyal supporter and you can absolutely be one of them. You don't need to go anywhere, just be on the Internet and make your very own connections realizing that you are distribute good values to your beloved ones, those you presenting our site. We promise great sales, great services that will always make you and your members pleased.
DUI Lawyer in West Compton
Those moments that come immediately after an arrest for a DUI can be a stressful and confusing period for a driver. Most drivers understand the basics of DUI laws, but they are not sure how a conviction is going to affect their life. In the worst case scenarios, many may even feel that their case is a hopeless one.
For those that have never had a DUI conviction, it may even seem as if the initial penalties are manageable. They may only start off with fines of a few thousand dollars and a year of sobriety classes. The more devastating penalties will not make themselves known until the coming weeks and months. Upon conviction, there will be an immediate license suspension that will make traveling to work, running errands, or social visits nearly impossible. Then, the driver's car insurance provider will begin sending bills that are not quite what they used to be. Drivers with DUI convictions will see premiums that could double or even triple. That is, if the insurance company does not drop the policy altogether.
Drivers that utilize our experienced and effective team of DUI specialists will immediately notice the benefits of having legal representation in the DMV and West Compton courthouse. After being charged with a DUI, you will have only 10 days to begin protecting your finances, your license, and your reputation.
West Compton DUI Lawyer
The best first step after a DUI arrest is contacting our DUI attorney in West Compton. DUI arrests commonly occur late at night, and you may feel disoriented, disconcerted, and worried. You may not know what to do next, but our West Compton DUI attorney does. Our attorney has represented many clients just like you and understands what you may be experiencing right now. At the time of your arrest, you will receive a Notice of Suspension. You must contact the California Department of Motor Vehicles within 10 calendar days of receiving your Notice of Suspension, or your license will be automatically suspended for a minimum of four months. Our DUI lawyer in West Compton may be able to argue your right to a restricted license, which will allow you to drive to and from an alcohol offender's program and your place of employment.
DUI penalties in California are severe, and if aggravating factors were present at the time of your arrest, the prosecuting attorney may increase any penalties you are facing. If your blood alcohol concentration, or BAC, was excessive or you are on probation, or you had prior DUIs on your record, you may even be facing jail time. Our West Compton DUI lawyer will fight for reduced or dismissed charges or alternative sentencing arrangements that could lead to a more positive outcome for everyone involved.
Alternative sentencing arrangements may include rehabilitation programs, probation or house arrest, and other alternatives to more punitive sentences, which can include heavy fines and jail time. Points will be assessed against your license, and this can cause your insurance rates to go up. In some cases, your insurance may even be canceled. Because the repercussions of DUI charges can reach every aspect of your personal and working life and remain on your permanent criminal record, our DUI lawyer in West Compton will help you fight them in order to reach a more positive solution. If you have been charged with a DUI, contact our DUI attorney in West Compton today for more information about your options or for a consultation.
The information in this article is for general information purposes only. Nothing in this article should be taken as legal advice for any individual case or situation.
Washington DC Lobbyists That Work For You
Washington DC Lobbyists that are loyal towards you and work for you are rare to find. Most of the concept of lobbying revolves around trying to help you with your business. Everything that the government decides has an effect on your life, job and business. Till very recently it was very difficult for you to do anything about this disturbing scenario as the lobbying industry was open only to the wealthy and opulent. It was primarily because it used to cost a lot to get a lobbying company on board. This is not true anymore as with firms like LobbyIt you can have first class lobbying support in a price that suits you.
Washington DC Lobbyists in this firm will work for you after understanding what your needs are and how will you be able to earn profits. Small firms are actually very different from the large firms. Their objectives are different, their goals are different and so are their procedures. This is one reason why the policies made affect them so differently. Therefore, it is imperative that someone speaks for these small and medium sized firms as well. LobbyIt is one form that does speak for these kinds of businesses.
Why LobbyIt Works For Small Businesses
Expertise: As already mentioned, small businesses have different needs that large businesses and that is why it is important that the company that is working for you has expertise over what your needs are and which policies will actually benefit you. Without this there can be no progress made. No matter how large the firm is but unless they understand what is required they will not be able to work for you.
- Understanding: With small companies, there has to an understanding of which decisions will work better for these companies. Traditional lobbying firms do not understand this basic concept that firms like LobbyIt understand well.
- Experience: The fact that LobbyIt has years of experience working for all types of firms gives it an edge over other traditional lobbying companies, which deal only in one sector of business. This is why it is such a great idea to work with these lobbying firms.
- Low Pricing: Firms like LobbyIt do not overcharge. In fact they charge only nominal prices that are absolutely justified given the amount of work they do for you. This is what you should look in any company you choose.
Why Hiring A Bankruptcy Attorney Is Inevitable When It Is About Filing A Petition?
Bankruptcy is a legal court procedure, which can be started by both individuals and companies. Individuals and companies file bankruptcy when they are unable to pay their debts. The most common types of bankruptcy include – Chapter 13 bankruptcy and Chapter 7 bankruptcy. In Chapter 7 bankruptcy, all the assets belonging to the debtor are liquidated and debts are cleared. On the other hand, in Chapter 13 bankruptcy a systematic repayment program is created for the debtors.
Why do you need a bankruptcy attorney?
Bankruptcy is a legal proceeding and certainly involves a lot of paperwork. Consulting a bankruptcy lawyer will simply make your case less complicated and more presentable. For sure, individuals can file their own bankruptcy case, but hiring a legal advisor is always preferable since filing bankruptcy requires appropriate experience and knowhow of the state and federal laws.
Moreover, the detailed documentation of all your liabilities and assets needs to be prepared. Since an experience lawyer knows all the rules concerning bankruptcy paperwork like the back of their hand, you can be rest assured that all the papers are filed appropriately. The more systematically you present the case the chances of protecting your interest increases.
Besides, small and minor mistakes can potentially affect your case. Improper documentation can compromise your rights as a debtor and finally complicate the case. However, taking help from the BK lawyers San Diego is a wise decision because they make sure that all your rights are protected.
Advantages of hiring an attorney:
Your bankruptcy case will certainly need communicating with creditors and this is certainly not a good conversation. Most of your creditors will be angry and will not looking forward to negotiate. Your lawyer is the one who can save you from this entire situation. A bankruptcy attorney can handle these conversations just perfectly. They know how to communicate the necessary points concerning the case and how to start a perfect negotiation.
The best benefit of hiring a bankruptcy attorney is you are actually covered for the same. Attorneys have malpractice insurance, which means if they commit any blunder in your case then you get compensation for the losses you suffered because of the attorney's mistake.
As a layman, you certainly don't know all the clerks, judges and other attorney involved in your case. However, your attorney certainly has such connections, which can be beneficial. Well of course we are not talking here about any unprofessional conduct, but your attorney's connection can help your case moving on smoothly through the system.
Last but not the least, hiring an attorney will make sure you get true legal advice. Certainly your friends and family will load you with advices and try to help you out, but most of those advices will cost you more than hiring an attorney. A bankruptcy attorney deal with cases similar to yours on daily basis and thus they certainly know what will work for you better and thus advice, accordingly.
In simple words, hiring a bankruptcy attorney means you get to move on with your normal life, go to work and stop worrying about creditors.
China's New National Security Law
The national security law is divided into seven chapters that include the following:
(a) the guiding principles;
(b) the definition of national security;
(c) the functions and responsibilities of the National People's Congress and the various branches of the government;
(d) the key elements of the national security regime such as intelligence collection, risk assessment, conducting national security reviews, and responding to states of emergency;
(e) the mechanisms for allocating resources to national security work;
(f) the obligations of citizens and corporations in assisting the government in protecting national security; and
(g) the supplementary provisions.
The National Security Law encompasses a broad concept of national security in comparison to its more conventional 1993 national security law prior to the enactment of the current National Security Law, which was designed mainly to defend China against espionage activities. The new National Security Law covers matters in relation to politics, the military, the economy, finance, culture, technology, territorial sovereignty, cyber-security, ideology, religion, as well as matters extending beyond the borders of China to include the polar regions, the international seabed, outer space and cyber-space.
In particular, Article 2 of the National Security Law provides the definition of national security to refer to the relative absence of international or domestic threats to the state's power to govern, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major national interests, and the ability to ensure a continued state of security. However, the following articles provide for the discussion of politics, the military, the economy, finance, culture, technology and territorial sovereignty, therefore broadening National Security Law's definition of national security beyond the conventional and narrower concept of merely national defense.
Due to the National Security Law's broad scope of application, there is concern amongst the business community in relation to the additional restrictions and scrutiny on business activities in China on national security grounds, especially in terms of the National Security Law's involvement in economic development, which may have serious implications if in addition to the existing laws and regulations, commercial activities and investments are also regulated under the broad and unclear perspective of national security. Although such broad provisions contained in the National Security Law will be further clarified through implementing regulations, the National Security Law is still extensive on implications but lacking in specifics, therefore causing uncertainty in terms of practical application and impact.
Foreign investment
One of the main concerns relates to foreign investment and the additional restrictions and scrutiny placed on foreign activities in China. Specifically, Article 59 of the National Security Law provides the State will establish national security review and oversight management systems and mechanisms, conduct national security review of foreign commercial investment, special items and technologies, internet information technology products and services, projects involving national security matters, and other major matters and activities that impact or may impact on national security. While this requirement is not particularly new because the Chinese government already conducts national security reviews in various areas and investments under existing laws and regulations, foreign companies are mainly concerned of any new national security review regimes in relation to foreign investment and IT products and services which may be introduced via the National Security Law.
Prior to the enactment of the National Security Law, the national security review requirements on mergers and acquisitions involving acquisitions of Chinese companies by foreign investors was imposed through the Circular on Establishing the Security Review System for Mergers and Acquisitions of Enterprises within China Involving Foreign Investors, whereas any greenfield non-M&A establishments involving foreign investors were left alone with no applicable national security review requirements. However, the Tentative Measures for National Security Review of Foreign Investments in Free Trade Zones enacted earlier in 2015 did a pilot run of a national security regime in China's free trade zones, which were Shanghai, Guangdong, Tianjin and Fujian, and involved the application of the regime to mergers and acquisitions transactions as well as other foreign investments, including greenfield investments.
Due to the enactment of the National Security Law, it may be expected that the full regime required currently only for the free trade zones will be implemented nationwide, therefore widening the reach of the authorities to enforce and further scrutinise foreign investment. Also, the consequence of having such a broad definition for the concept of national security may potentially indicate the legislature's intent on expanding the National Security Law's scope of application to additional sectors, along with the current listed 57 industry sectors. Therefore, foreign investors will now have to be careful to ensure the requirements of the national security regime are followed.
Furthermore, Article 59 provides for the national security review of Internet information technology products and services, the scope and procedures of which are not defined in the National Security Law. Therefore, this provision has the potential to go beyond any mergers and acquisitions plans, greenfield investments or specific investment plans. This provision has the potential to cause significant entry barriers for international suppliers of IT products and services into the Chinese market, and along with the draft Anti-Terrorism or draft Cyber-Security Law; the Chinese government have many avenues through which they can scrutinise foreign products and services.
Foreign Investment Law
China already has laws regulating foreign investment, therefore the National Security Law will be complementing the draft People's Republic of China Foreign Investment Law, which was released on 19 January 2015 by the Ministry of Commerce (MOFCOM) for public opinion. Foreign investment is particularly important to an economy, and it is essential in providing the capital to assist the creation of productive enterprises, therefore China's attempt to finally revamp the legal regime in relation to foreign investment illustrates their acknowledgement of foreign investment to the growth and sustainability of China's economy.
The draft Foreign Investment Law is extensive, and provides for the following:
(a) the definition of foreign investors and foreign investments;
(b) the regulation of foreign invested projects and associating entry permits;
(c) the procedures for national security review of foreign invested projects;
(d) the creation of an information reporting system for foreign investment;
(e) the promotion and protection of foreign investment and coordination and handling of complaints in relation to foreign investment; and
(f) the liability for any breaches.
The definition of foreign investors is broad, as it is not limited to foreign nationals or foreign incorporated entities, but includes enterprises incorporated in China which are controlled by foreign investors, therefore extending the Foreign Investment Law's reach in regulating foreign investment. Also, the definition of foreign investment goes beyond the traditional methods of foreign investment activities, as in addition to greenfield projects, foreign invested entities, the acquisition of shares, the Foreign Investment Law also covers the holding of certain rights and interests over assets owned by, or voting rights, in a domestic enterprise. Specifically, foreign investment refers to any of the following investment activities conducted, directly or indirectly, by foreign investors:
(a) establishing domestic enterprises, which are enterprises incorporated in China in accordance with Chinese laws, which can either be enterprises with foreign investment, or wholly domestic owned;
(b) acquiring shares, equity interests, certain rights and interests over assets, voting rights or other similar interests and rights in a domestic enterprise;
(c) financing, with a term of one year or more in any domestic enterprises in which one or more foreign investors hold an interest or right described in the point above;
(d) obtaining the concession rights to explore or develop natural resources in China, or obtaining concession rights to construct or operate infrastructure facilities in China;
(e) acquiring land use rights, ownership of buildings and other real property rights in China; and
(f) controlling or holding interests or rights in any domestic enterprise through contract, trust or other arrangement.
Therefore, the concept of foreign investment is relatively broad under the Foreign Investment Law, which gives room for the government to regulate over an increasing number of activities in China.
The existing national security review regime will be integrated into the Foreign Investment Law where MOFCOM will review foreign investor(s) applications for an entry permit. MOFCOM or its provincial counterparts will consider a proposed foreign invested project requiring an entry permit in relation to the implications such a project may have on national security, and if necessary, MOFCOM may suspend the entry permit review and require the foreign investor(s) to submit an application for national security review. In this process, the State Council will set up an Inter-ministry joint meeting for national security review, which is jointly set up by MOFCOM and the National Development and Reform Commission (NDRC), and in the two-step review approach, the general review will decide whether the proposed foreign investment is likely to jeopardise national security, and if so, the special review will examine in details and decide whether the proposed foreign investment will or may jeopardise national security.
The position in Australia
The Australian government is extremely open to foreign investment as it assists in building Australia's economy and enhances the wellbeing of Australians by supporting economic growth and prosperity, as well as create jobs, encourage innovation and promote competition.
Australia's foreign investment framework is implemented through the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Australian government's foreign investment policy, which clarifies several aspects of the legislation and imposes additional obligations which do not have the force of law but with which overseas investors are expected to comply. Under the Act, the Treasurer reviews investment proposals on a case-by-case basis to make a decision as to whether the proposals are contrary or supportive of Australia's national interest. The Treasurer relies on advice from the Foreign Investment Review Board (FIRB), who works with applicants to ensure Australia's national interest is protected; therefore, maximising investment flows while protecting Australia's interests.
Australia's foreign investment rules regulate investment proposals by foreign persons, who are generally:
(1) an individual who is not ordinarily a resident in Australia; and
(2) a corporation where a foreign person (including associates) holds 15% or more of the issued shares, units or voting power or where several foreign persons (including associates) hold 40% or more of the issued shares, units or voting power.
Under the Foreign Acquisitions and Takeovers Act 1975, the Treasurer has the power to review and block the following proposals by foreign persons:
(a) most acquisitions of interests in Australian urban land;
(b) any acquisition of a substantial interest, which is where a foreign acquirer and its associates would hold or control 15% or more of the issued shares or units or voting power, in an Australian corporation, or an increase in a substantial interest, where the value of the assets of that corporation exceeds $248 million;
(c) any acquisition of an aggregate substantial interest, which is where a group of unrelated foreign acquirers and their associates would, after the acquisition, hold or control 40% or more of the issued shares or units or voting power, in an Australian corporation where the value of the assets of that corporation exceeds $248 million;
(d) any acquisition of an Australian business where the assets are valued at more than $248 million;
(e) any acquisition of control of an Australian corporation where the assets of the corporation are valued at more than $248 million;
(f) any acquisition of a substantial or aggregate substantial interest in an offshore corporation which has gross assets valued at more than $248 million, where the assets of that corporation that are comprised of Australian land, Australian mineral rights or shares in an Australian corporation constitute 50% or more of the total assets of that corporation; or
(g) any acquisition of a substantial or aggregate substantial interest in an offshore corporation, where the assets of that corporation that are comprised of Australian land, Australian mineral rights or shares in an Australian corporation constitute less than 50% of the assets of that corporation, but those Australian assets are valued at more than $248 million.
Furthermore, there are separate legislation providing additional requirements for foreign investments, including requirements such as:
(a) foreign investment in the banking sector must be consistent with the Banking Act 1959, the Financial Sector (Shareholdings) Act 1998 and banking policy;
(b) total foreign investment in Australian international airlines is limited to 49 per cent;
(c) the Airports Act 1996 limits foreign ownership of airport offered for sale by the Commonwealth to 49 per cent, with a 5 per cent airline ownership limit and cross ownership limits between Sydney airport and Melbourne, Brisbane and Perth airports;
(d) the Shipping Registration Act 1981 requires a ship to be majority Australian-owned if it is to be registered in Australia; and
(e) aggregate foreign ownership of Telstra is limited to 35 per cent of the privatised equity and individual foreign investors are only allowed to own up to 5 per cent.
The national interest of Australia is one of the important considerations when considering a proposal, therefore each proposal undergoes an examination to determine if the proposal is contrary to Australia's national interest, and while the term 'national interest' is not defined under the relevant legislation, the national interest criteria includes:
(a) the impact of the proposal on national security;
(b) the impact of the proposal on competition;
(c) the impact of the proposal on other Australian government policies including tax and the environment;
(d) the impact of the proposal on the economy and the community; and
(e) where the investor is a foreign government investor, the character of the investor, and in particular, whether it operates on a transparent commercial basis, is subject to adequate and transparent regulation and supervision and adopts good corporate governance practices.
Under the Foreign Acquisitions and Takeovers Act 1975, the Treasurer has 30 days to consider an application and make a decision. However, the Treasurer may extend this period by up to a further 90 days by publishing an interim order, which is issued under circumstances where a proposal is complicated or if insufficient information has been provided.
The position in the United States of America
The United States, as the largest foreign direct investor globally and the largest recipient of foreign direct investment, has always sought to find a balance between embracing an open market and regulating over national security simultaneously. Therefore, because of the US's spread of economic activity across national borders, the US has important economic, political, and social interests at stake in the development of international policies regarding direct investment, as well as ensuring their laws on foreign investment in relation to national security are of the highest quality.
The Committee on Foreign Investment in the US (CFIUS), the inter-agency committee of the US Government responsible for reviewing national security implications of foreign investments in US companies or operations, was established in 1975 and operates under the discretion of the President and is chaired by the secretary of the Treasury. The CFIUS includes the heads of many departments, including the justice, homeland security, commerce, defense, state, and energy departments, as well as the US trade representative and the director of the Office of Science and Technology Policy.
Initially, the authority of the President to suspend or prohibit certain transactions was initially provided by section 721 of the Defense Production Act of 1950 by a 1988 amendment known as the Exon-Florio amendment. However, the Foreign Investment and National Security Act of 2007 (FINSA) substantially revised section 721 to provide for national security reviews of foreign investments. The FINSA maintains the narrow scope of CFIUS's review process by focusing solely on genuine national security concerns and not broader policy concerns posed by mergers, acquisitions, and takeovers that could result in foreign control of a US business, and follows CFIUS's efficient timeline by requiring CFIUS to conclude a review in 30 days and an investigation, if needed, in a subsequent 45 days.
In relation to an investigation, the CFIUS can conduct an investigation of the effects of a transaction on the national security of the US, and take any necessary actions in connection with the transaction to protect the national security of the US. This applies in cases where a review of a transaction results in a determination that:
(a) the transaction threatens to impair the national security of the US and that threat has not been mitigated during or prior to the review of a transaction;
(b) the transaction is a foreign government-controlled transaction; or
(c) the transaction would result in control of any critical infrastructure of or within the US by or on behalf of any foreign person, if the Committee determines that the transaction could impair national security, and that such impairment to national security has not been mitigated by assurance provided or renewed with the approval of the Committee; or
(d) the lead agency recommends, and the Committee concurs, that an investigation be undertaken.
With regards to national security, the President or the President's designee may, taking into account the requirements of national security, consider, amongst other things:
(a) domestic production needed for projected national defense requirements;
(b) the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services;
(c) the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the US to meet the requirements of national security;
(d) the potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country identified by the Secretary of State or the Secretary of Defense as posing a potential regional military threat to the interests of the US;
(e) the potential effects of the proposed or pending transaction on US international technological leadership in areas affecting US national security;
(f) the potential national security-related effects on US critical infrastructure, including major energy assets;
(g) the potential national security-related effects on US critical technologies;
(h) the long-term projection of US requirements for sources of energy and other critical resources and materials; and
(i) such other factors as the President or the Committee may determine to be appropriate, generally or in connection with a specific review or investigation.
If CFIUS finds the transaction does not present any national security risks or relevant provisions of the law provide adequate and appropriate authority to address the risks, CFIUS will advise the parties in writing that CFIUS has concluded all action under section 721 with respect to the transaction. However, if CFIUS finds a transaction presents national security risks and relevant provisions of the law do not provide adequate authority to address the risks, CFIUS may enter into an agreement with, or impose conditions on, parties to mitigate such risks or may refer the case to the President for action, in which case the President has 15 days to act.
Today, many countries have legislation and regulations in relation to foreign investments in order to ensure the protection and security of a country's economy and national security. While most countries regulate over foreign investment and national security within a narrow scope of national defense only, China's National Security Law has expanded national security concerns from the main area of national defence into a wide range of geopolitical, cultural, and economic issues, and is controversial due to the potential for abuse of power. Foreign companies in China will have to deal with further uncertainty when conducting business operations as a consequence of China's attempt to handle security-related matters with a national law that seeks to keep pace with the challenges presented by issues such as globalisation and information technology.
Buying Property in Dubai
However, buying a property on the secondary market is much quicker but there are important issues to consider. Essentially, prior to entering into binding agreements, you must ensure that: 1. the seller owns the property and has the legal capacity and authority of selling the property; and 2. the property is free from any encumbrances (i.e. tenancy right, mortgage, lien, any charge or claim).
In Dubai, every property's broker requires individual registration through the Real Estate Regulatory Authority (RERA) and is issued a renewable Broker ID card which is required to be carried with them at all times, therefore, request your broker to provide his card for verification, and you can also confirm his registration at the Dubai Land Department website.
Also, the whole sale transaction/ deal can be completed by a power of attorney (POA) ("wekalah") to be issued by the buyer in favor of a third party to authorize him/ her to act on buyer's behalf in relation to the transaction. The POA may be issued either in the UAE before a Notary Public or outside. However, if issued outside, it must be legalized up to the UAE Embassy in the place of issue and then authenticated at the Ministry of Foreign Affairs in the UAE. Due to certain restrictions on using POAs for real estate transactions, it is advisable that the content of the POA to be prepared by a real estate lawyer.
If you are looking for financing your new property, there are several banks and financial institutions that are offering a quiet attractive interest rate starting from 3.45% p.a. Most banks require the applicant to be between the age group of 21 to 65 years (70 years for self-employed) having a minimum salary of AED 15,000/- per month.
As per latest UAE Central Bank regulations, for the first property, non UAE nationals are only entitled to borrow up to 75% of the property's value for properties that are valued at AED 5 million or less. If value of the property is more than AED 5 million, they shall be entitled to borrow a maximum of 65%. For the second property the maximum loan will be 60% of the value of the property.
In case of purchase of an off-plan property, the maximum loan amount shall be 50% of the property. The regulations further state that the maximum term of a mortgage shall be 25 years and the maximum age limit of a borrower at the date of last repayment due on the loan is to be 65 years (or 70 years if self employed).
Most banks offer pre-approved facility which would help you determine your eligibility for a home loan before you decide to finalize a property.
For secondary market purchase, upon selection of the property, you shall be entering into a Memorandum of Understanding (MOU) with the seller. The MOU is a document that outlines the terms and conditions of the sale agreement between both parties. Normally, at the time of signing the MOU you shall be required to pay an initial deposit (usually held by the broker). It is advisable to include the following under the MOU: 1. Details of the property and seller's capacity to sell it; 2. The total purchase price and terms of payment; 3. Time frame to close the transaction to include obtaining No Objection Certificate (NOC) from the developer and transfer of title at the Land Department; and 4. Consequences/ penalties for failure to complete the transaction.
Once the NOC has been obtained from developer, the parties shall meet at the Land Department to finalize the process. The registration fees, balance of the purchase price and broker's fees (2%-5% of sale price) shall be paid by the buyer, unless otherwise agreed. The transfer of title usually takes around 15-20 days. However, if the purchase is subject to a bank loan, then the process may take up to 50 days as the bank shall conduct a valuation of the property.
For off-plan properties, you are required to enter into a comprehensive sale and purchase agreement (SPA) with the seller who shall ensure to have the sale recorded in the interim real estate register at the Land Department. Once construction of the property is completed and the seller provides a completion certificate, the parties shall meet at the Land Department to finalize the property title transfer process.
It is advisable to have the following included under the SPA: 1. Details of the property and seller's capacity to transfer it to you; 2. The total purchase price and payment terms (construction progress linked payment plan is usually the case); 3. A completion date with a reasonable extension; 4. Details of the escrow bank account established for the project; 5. Consequences/ penalties in the event of failure to complete construction on time (to include your right to terminate the SPA); and 6. Dispute Resolution (although, in practice, it is common to refer to international arbitration, from experience, we believe that local courts are more suitable for such type of disputes – unless international arbitration is selected for specific reasons).
Disclaimer: The above is a general guide; a professional advice must be sought prior to embarking on a property purchase in the Emirate of Dubai. Please note that each Emirate has its own real estate regulations.
When Insurance Companies Deny Vital Treatment, What Can Patients Do?
Baltimore, MD: There are few business relationships as fraught with controversy as the relationships between healthcare providers and insurance companies. As illustrated in the Harvoni case, battle lines get drawn quickly. Add patients and a drug company into the mix and it would be difficult to find more complex relationships. Unfortunately, in these situations, the patient is stuck in the middle hoping for potentially life-saving treatment and wondering why profits are being put before patients.
Harvoni is a Hepatitis C medication, sold by Gilead Sciences. It is by all accounts highly effective, with a higher than 90 percent cure rate. It also comes with few side effects. That's good news, because Hepatitis C is deadly, with more than 15,000 Americans reportedly dying each year due to Hepatitis C complications, including liver disease.
So what's the problem? You might wonder. If there's a drug that can cure a life-threatening disease and it comes with few side effects, why should there be an issue? The issue, some say, is the price tag. A 12-week treatment course of Harvoni costs around $99,000. Now, $99,000 for a life-saving treatment might still sound like an okay deal, but drug companies have allegedly told some patients that the treatment isn't medically necessary.
Even worse, they've allegedly told patients the treatment isn't necessary despite letters from doctors explaining the treatment is, indeed, necessary. So insurance companies are reportedly overruling doctors on the medical necessity of a drug with high effectiveness that treats a life-threatening disease.
No wonder the relationship between healthcare providers and insurance companies is tense.
So what would make the treatment medically necessary? According to court documents filed in lawsuits against insurance companies, if the patients have severe enough liver damage, the insurance company will approve Harvoni treatment. No word on if they would also pay for the added treatment the patient would now need due to the liver damage.
For now, lawsuits have been filed against some insurers, alleging they are in breach of contract for failing to provide coverage for medically necessary treatment. The lawsuits also allege that insurers have put profits before patients.
For their part, insurers argue that Harvoni was approved through a process that allowed for approval with less rigorous testing, meaning the drug's effectiveness and safety have not been adequately studied.
Who the courts agree with remains to be seen.
How to Shop for Shops, as a Way to Discount Shop
If you are looking at a product that has a website that lists its retailers then perhaps checking to see if that store is on the list will tell you if it's real. There is only one thing that is universal between each group of people that that's that they love discount shopping.
Shopping is something that people of all ages either loves or hate. For many people that idea of shopping is something that they love and want to do while others dread it and never want to even think about it. There is only one thing that is universal between each group of people that that's that they love discount shopping. For some it means that they are saving money and for others it means that they can buy more, no matter what the reason is best to shop for shops before buying anything.
What Does Shop for Shops Mean?
Shop or Shops mean that before making a purchase the customer will look around at different shops and see who has the best deals. For instance many people looking for deals in grocery shops, every week will shop for shops by looking at the ads that come in the paper. Discount shopping doesn't mean that you can't get what you want, if you know what you want then checking different stores or shop for shops is a great way to find the best deal on what you want. Shopping for shops is pretty much the idea that a person takes as much time to find the best place to buy something as they do finding what they want to buy.
Doesn't Discount Shopping Mean Poorer Quality?
While people think that discount shopping means they are getting a lesser quality, this is not always true. The key is to make sure that you know what you want and find it at a good price. For instance Ugg is a brand of shoes, and they are not cheap shoes, but certain discount stores such as TJ Maxx will get in some Ugg boots in huge quantities. It will be the same quality as those in department stores because it's the same brand, but at a cheaper price since the volumes drive down the prices. This is what discount shopping is as long as the shopper knows to check the quality and knows that cheaper is not always better.
How Can I Tell the Difference in a Good Deal, and Cheap?
For many people that are looking for shop for shops they wonder if they are truly getting a good deal or a cheap product. There are some ways, depending on what you are buying that you can tell if you are getting a good deal. If you are looking at a product that has a website that lists its retailers then perhaps checking to see if that store is on the list will tell you if it's real. Make sure that you know the product you are buying. Most of the time it's easy to tell if you are getting ripped off if you know what the signs are that something is a fake.
Is Discount Shopping Easy?
As long as you have patience and the ability to check around discount shopping is actually pretty easy to do. It simply means that you look for the best deal on something because making a purchase at the first place that has it. Sometimes you might not be able to discount shop, but it's always better to try.
Kevin Seocycle is a prolific writer. He has a post graduate degree in Internet Marketing strategies and has been writing articles for the last 6 years with marketing experience exceeding 2 decades. His flair for writing is manifested in the high quality articles that he writes at discount shopping for discount shopping, which are original and copyright material.
Useful Tips on Registering Trade Marks in the UK
The first point to evaluate are the advantages of registering such names as trade marks. A registered trade mark confers on the proprietor the right to the exclusive use of the mark in connection with the goods or services for which it is registered. The registered proprietor can also exploit the trade mark, including licensing the trade mark. In addition registration gives the proprietor the right to sue for trade mark infringement if someone uses a mark that is the same as, or similar to the mark, in a way that is likely to damage it or cause confusion in the target market.
The second point to consider are the types of trade mark that can be registered. In general, in order to successfully register a mark, it must be "distinctive" and also capable of graphic representation. Any sign, be it a word, slogan, sound or smell, which satisfies these two tests, in principle, can be registered.
Trade mark applications can be rejected on two grounds. The first are the absolute grounds for refusal and which include the following grounds:
1. The mark is devoid of distinctive character.
2. The mark consists exclusively of signs or indications which may designate the kind, quality, quantity or other characteristics of the goods or services.
3. The mark consists exclusively of signs or indications which have become customary in the current language or in trade practices.
Trade mark applications can also be rejected on relative grounds for refusal and which include the following grounds:
1. The mark is identical to an earlier trade mark registered for identical goods or services.
2. The mark is similar to an earlier trade mark registered for identical or similar goods or services and there is a likelihood of confusion with the earlier mark.
3. The mark is identical with an earlier trade mark registered for similar goods or services and there is a likelihood of confusion with the earlier mark.
4. The mark is identical with or similar to an earlier trade mark and the earlier mark has a reputation in the UK and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier trade mark.
5. The mark's use in the UK is liable to be prevented by any rule of law, in particular passing off.
In order to assess whether your trade mark is at risk of being rejected on relative grounds then you should conduct a search of the trade mark register which contains details of all registered trade marks and also trade mark applications. You can undertake a free search of the trade mark register by using the search facility at the Intellectual Property Office website.
In addition to searching the trade marks register it is also advisable to use an internet search engine to search for the mark and to find out if there are any businesses already using your proposed mark but which have not registered the mark. The purpose of such a search is to identify the use of any unregistered marks, since the owners of such marks can in certain instances challenge a later application for trade mark registration. In addition, since they have been using the unregistered trademark prior to a later registration, they can also continue to use the mark after any third party has registered the mark.
Once you have undertaken these searches you will be in a position to determine whether to proceed with a trade mark registration. You can apply for a trade mark online at the Intellectual Property office website.
The Latest Development and Tax Issues of Islamic Bond Market in Hong Kong
What is Sukuk?
Sukuk are a form of Shariah-compliant financial product, which essentially replicate the financial profile of a bond, but without the receipt or payment of interest (known as "Riba"), which is forbidden under Shariah.
A company hoping to raise finance through Sukuk shall normally issue certificates to investors for cash and identify assets that are then ring-fenced in some way. Essentially, the concept of Sukuk is similar to the securitization of assets. It is a process in which assets are pooled together, repackaged as tradable certificates of investments and transferred to a special purpose vehicle (SPV). Then the SPV funds the purchase of assets by way of issuing Sukuk to investors. The investors shall be able to earn revenue produced from the underlying assets during the life of the Sukuk.
Sukuk have a defined period of investment and provide investors with a relatively foreseeable stream of income or return, which is similar to conventional bonds. Sukuk, however, are distinguished from conventional bonds in that they do not represent the beneficial ownership of a debt instrument but tangible assets. As such, the risk and liability of the underlying asset rather than the risk of insolvency of debtors will be borne by the Sukuk holders. Moreover, the performance or the operation and management of the underlying asset, which are not fixed ex-ante, shall determine the return of the Sukuk holders. Nevertheless, Sukuk can be structured in a number of different ways and usually involve complex structures and multiple transfers of underlying assets, which may also give rise to different levels of risk, predictability of returns, periods of investment, types of assets and liquidity, that is, the tradability in the secondary market.
Most of the Sukuk issued are the leasing type (known as "Ijarah Sukuk"). Under an Ijarah structure, assets such as buildings, land, machinery and property are sold to a SPV using funds raised from investors. Lease income are paid by the issuer to the SPV, which are passed to investors until maturity when the issuer repurchases the assets.
The latest development of Sukuk in Hong Kong
Hong Kong issued its first USD 1 billion inaugural five-year Sukuk in September last year which used the Ijarah structure that has underlying tangible assets of 100 percent in the issued amount. The second government Sukuk to raise USD 1.1 billion in May this year used a structure called the Wakalah, which has one-third of assets invested in selected units in an office building in Hong Kong, and two-third of the assets underpinned by Shariah-compliant commodities.
The Hong Kong Monetary Authority, which handled the issue on behalf of the government, confirmed that the issue was popular and it received USD 2 billion in orders from 49 global institutional investors including central banks and sovereign funds among others. The orders were double its USD 1 billion issue size. The five-year bond was priced at 1.894 percent, which was lower than last year's issue and was 35 basis points over 5-year US Treasuries. This new government Sukuk was listed on June 3 in the stock exchange of Hong Kong, Nasdaq Dubai and Bursa Malaysia. Buyers of the Sukuk included 42 percent from the Middle East, 43 percent from Asia and 15 percent from Europe. 23 percent of the bonds were sold to central banks or sovereign wealth funds while the rest to banks or fund managers.
The tax issues of Sukuk in Hong Kong
The key uncertainties arising from Sukuk transactions are that the arrangement itself operates in the form of equity finance but is in substance similar to debt finance. If the tax consequences of the constituent transactions are determined based on their legal form rather than their economic substance, simply applying the tax laws in the old days would undermine the economic purpose of the Sukuk transactions giving rise to the effective tax cost of the Sukuk transactions being largely higher than that of a conventional bond financing transaction.
To allow Sukuk to receive the same tax treatment, the Hong Kong government introduced legislative amendments to the Inland Revenue Ordinance and Stamp Duty Ordinance, thereby ensuring that Sukuk can enjoy the same treatment as traditional debt securities, which essentially involved an exemption from Profits Tax and Property Tax and a remission of Stamp Duty, achieving a level playing field for the development of Sukuk in Hong Kong.
The legal, taxation and regulatory frameworks in Hong Kong are readily available for supporting Sukuk issuance. The development pace of the Hong Kong Sukuk market will be market-driven, subject to a number of factors including the development of global Sukuk market, investor demand, funding cost, the availability of different fund-raising channels, etc.
As a mature financial centre, Hong Kong is well-positioned to develop as a Sukuk market. Hong Kong government has proved its commitment to provide the tax and regulatory framework to promote the industry. Hong Kong is already well-placed to provide a gateway for investors who are interested in Asia, particularly Mainland China, by structuring Shariah-compliant financial instruments with underlying Asian assets.
New Child Car Seat Laws in New Jersey
In order to keep children safe in the event of a car accident, modifications and recommendations to car seat laws are necessary to coincide with new car safety technology and related research findings. New Jersey recently amended its current child car seat laws with changes in effect starting September 1, 2015.
New Jersey's most important update to the car seat law complies with the American Academy of Pediatrics (AAP) recommendation that children remain in rear facing car seats until the age of two. Keeping the car seat rear facing for as long as possible significantly reduces the risk of small children being fatally injured in car accidents, according to the AAP.
South Jersey Car Accident Lawyers explain New Jersey Child Car Seat Law Amendments
Two year olds and under that weigh less than 30 pounds must be secured in a rear facing restraint system that has a five point harness
Four year olds and under that weigh less than 40 pounds must be restrained in a rear facing five point harness system until the child outgrows the manufacturer's height and weight specifications OR a forward facing car seat that has a five point harness
Eight year olds and children under 57" tall must remain in a five point harness restraint system until they outgrow the manufacturer's height and weight specifications.
Child car seats should always be placed in the middle of the vehicle's back seat for the best possible protection. In the event that a car does not have a rear seat, the side passenger airbags must be disabled prior to placing a car seat in the front. Never place a rear facing car seat near an airbag; the force of the airbag deployment will harm a child.
The state of New Jersey addresses child safety in car accidents as a top concern; therefore, it is important for parents to determine the age and size appropriate seat for their child. In addition, correct installation and use is necessary in order to provide the best protection for a child. The New Jersey Division of Highway Traffic and Safety found that three out of four child car seats are not properly secured or restrained. Refer to the manufacturer's height and weight specifications and installation instructions when purchasing a child car seat.
Criminal Records of Texas Accessible on the Web
Certainly, in Texas, everything is considered huge. Currently, it sits on the 2nd spot of America's largest states in terms of total land area and population. This also holds true regarding their criminal history records. So far, the government has been devoting time in providing correct materials for safety measures to each resident. For the purpose of investigation, one of the most significant information of this state is Texas Arrest Records.
Access to such type of information is under the jurisdiction of the state. Individuals may request for it at the Texas Department of Public Safety through the Crime Records Service Bureau. No restrictions or limitations are imposed with regard to supplying this kind of document to every member of the public. All gathered reports are assured to be reliable since they come from the various county enforcement agencies within the state.
When a particular person is seized, the arresting officer will immediately record the incident and have it put on file. In general, such account will still be kept even if the case was withdrawn, dismissed, acquitted or dropped. Usually, reports for arrests reveal vital details about the involved individual's personal particulars, physical description, and other relevant information pertaining to the incident such as when, where and why it took place.
The Texas Code of Criminal Procedure, art.55.01 indicates that an individual, who has been captured for the commission of a misdemeanor, is allowed to have his files removed under several conditions. A person may be eligible for this procedure if he was tried for a certain felony but was found not guilty, if he was granted pardon or if the allegation filed against him was dismissed.
Nowadays, respected employers delve into this information before making any important decision that could either promote or harm their business. With this data on hand, scrutinizing the honesty of several jobseekers can be done more easily and quickly. It ensures that you will pick only the best among the rest. To reduce crime rate, the common people are likewise looking for this document now to be guarded against any criminals in the community.
The different law enforcement agencies of the government are where Free Criminal Records are usually obtained. A number of people though have experienced how time-consuming and tough it can be to conduct searches through these offices. A much better choice that anybody can utilize at present is the online search method. This approach only requires you to pay a small amount of service fee and you're guaranteed to get the report you need in no time at all.
Does America Have to Follow International Laws?
Similarly, the United States is fairly notorious around the world for only abiding by international agreements when it finds them convenient. For example, when the United States invaded Iraq despite a vote against such action by the United Nations Security Council. That vote should have precluded military action by the United States, but the US proceeded anyway, later seeking the support of several other nations to legitimize the move. Other examples have included conducting military actions on the sovereign soil of foreign nations during peacetime, engaging in espionage, and disregarding agreements regarding the environment.
However, contrary to what many believe, there is no actual international law. What is commonly referred to as international law is really just a conglomeration of treaties, precedents derived from international dealings, and contracts. There is no international body that truly enforces international agreements, except to the extent that the United Nations may authorize member states to use coercive or even military sanctions. Even then, some nations, such as those on the security council, have broad de facto immunity. Thus, many international laws only apply to these countries to the extent that they agree to be bound by them.
These issues can be even more frustrating for individuals trying to determine how to proceed in disputes against persons and entities from other countries. Questions can arise as to whether the laws of another country can be enforced in an American courtroom. While it may surprise many, the answer is actually yes, foreign laws can be enforced in American courts under some circumstances.
Most commonly, these cases deal with contractual disputes where parties agree to be bound by the laws of a foreign nation, but where the transaction occurs on American soil. In some cases, it can also happen when foreign governments engage in business in America with American citizens.
Generally speaking, the parties in such a case must ask the court to determine whether the foreign laws apply and if they do, whether they can be enforced in an American court. Foreign laws will only be enforced if they do not directly contradict the laws of the United States such that enforcement would create a domestic law violation. Thus, a contractual agreement that relies on aspects of sharia law to interpret its terms may be entirely valid, while a contract to enforce an agreement that amounts to human trafficking would not be.
These cases often become incredibly complicated, and often lead to appeals, regardless of the outcome, given the uncertainty involved in applying overlapping and possibly conflicting legal standards. Thus, it is critical to contact an attorney if dealing with this type of dispute. An attorney will be able to help a party navigate the difficult political and legal considerations involved with such disputes, and be best prepared to respond to subsequent attacks on the decision, whether on appeal or issues with enforcement. To find an attorney in your area that may be able to help you with such a dispute, visit HG.org and use the attorney search function.
Protect Your Rights
No one anticipates being in the uncomfortable position of needing legal representation, but if you find yourself trapped in that situation, hiring the most competent and experienced attorney can make the difference between costly fines and/or lengthy incarceration or walking away with your reputation intact. The Ford Firm of Atlanta, Georgia, a criminal defense firm, is dedicated to offering the best possible service regardless of the nature or extent of the criminal charges. Servicing clients from metro Atlanta as well as throughout the state and across the country, the Ford Firm operates confidently in both state and federal court jurisdictions.
As a leading criminal defense law practice, The Ford Firm consists of savvy, experienced lawyers who are determined to see justice prevail and the presumption of "innocent until proven guilty" honored as a reality for each and every client. If contacted before actual arrest and charges filed, your Ford attorney may be able to halt the entire process due to insufficient evidence, thus protecting your reputation, job, relationships and community standing. If charges have been filed, it may be possible to have them dismissed before an indictment. In the event that the case does go to court, Tom Ford is prepared to mount a creative, aggressive and intelligent defense on your behalf.
Contacting a capable lawyer is one of the smartest decisions you can make when faced with possible criminal proceedings, and the Ford Firm is experienced in all the following areas:
• Assault and battery, murder
• Child pornography
• Drug-related offenses, DUI
• Embezzlement
• Firearms
• Fraud
• Kidnapping
• Parole/probation violations and revocations
• Sex crimes including rape
• Robbery, theft
• White collar crimes
By hiring appropriate legal representation you may be able to have more serious felony charges reduced to misdemeanors and avoid the damage that crippling fines and jail time can present both to you personally and to your family who will also be impacted. The expert legal knowledge available when you choose a Ford Firm lawyer will guarantee that you get the best criminal defense possible throughout the entire process. Strategies such as getting charges reduced, over-turning convictions through the appeals process and advocating for clients from start to finish is all part of the normal advocacy for which this Atlanta law firm is well-known.
Should you find yourself facing the possibility of criminal charges, call the Ford Firm at the earliest possible opportunity. Follow through with a consultation to see how they can best meet your needs. This is no time for amateurs. Hire the best criminal defense team in the area and see that your rights and future are protected.
Reasons to Hire a Family Law Attorney
Family law attorneys specialize in a variety of cases, including cases that involve divorce, child custody, child visitation, child support, spousal support and guardianships. There are many reasons to hire a family law attorney and many benefits that can be reaped when retaining the services of a legal professional.
Familiarity with Cases If you receive paperwork regarding a family law matter or you initiate a proceeding regarding a family matter, you are likely a novice who has never dealt with the issues at hand previously in your life. Even if you have contested the matter on a previous occasion, your familiarity with the family court system is likely limited. Family lawyers are familiar with all aspects that pertain to cases and will know how to handle paperwork that you receive.
Procedural Issues Family attorneys are aware of various civil procedures that can affect your case. Each state has its own set of rules pertaining to how a party can be properly served with papers pertaining to family law cases. Attorneys are also aware of jurisdictional restraints and will comply with these restraints so that your case is not immediately thrown out. These matters are very important and can dictate whether a subsequent ruling is valid or not. If a party was not served properly or if the court does not have jurisdiction, the case must start all over and any decisions that were made in the interim will be overruled.
Knowledge Family lawyers make their living convincing judges and other parties of the merits of his clients' cases. They are knowledgeable about all aspects pertaining to family law and the various elements that must be proven in each family law case. For example, a lawyer must prove that a change in custody is in a child's best interest. This standard is determined based on numerous factors, including past physical violence, alcohol abuse or drug abuse, the child's relationship with both parents, the amount of time that he has spent with both children and other factors. Most lay persons do not have this knowledge of the law and do not know which information may be relevant during court proceedings.
Stakes One of the most important reason to hire a family attorney is to protect your rights. The stakes of these type cases are often high, including children being removed from the home by a child protection services agency, losing custody to another parent, losing assets through a divorce or not being able to protect a family member who is not capable of caring for himself. When the stakes are so high, it is important to hire a professional who can handle these matters and advocate for your rights.
Likelihood of Success Hiring a family lawyer increases the likelihood that you will succeed in your case. Judges recognize when parents hire attorneys that they are serious about the family law matter and are willing to sacrifice financially in order to pursue a matter in which they believe. A party who does not have adequate counsel is less likely to be taken seriously.
Level Playing Field When one party has an attorney and the other party does not have his own legal representation, this can quickly cause an imbalance of power and bargaining power. The party with legal counsel will likely intimidate the other party and will have an advantage inside and outside of the courtroom.
Hiring a family law attorney increases the resources that you will have access to for your case. A family law attorney has access to paralegals, researchers and investigators who will help to prove the necessary elements of your claim and handle your case. Attorneys can use decisions from prior cases to help guide the court in making a decision that is advantageous for you. Attorneys will also help complete paperwork and comply with filing requirements.
How difficult can medical claim filing and payment posting be?
Hospitals, healthcare organizations and dentists have long been occupied with the issue of medical filing. The process of medical claim filing is overtly complex, requiring paper work, filing and adjudication. Moreover, with the introduction of new reforms in the system every other day, which is ironically meant to save time and energy of the physician, is a reason for increasing problems until physicians manage to successfully make the required changes.
Hence more documentation, additional reform requisites requires more administrative staff. At times, the ratio of staff dedicated to handle the paperwork to doctors can even be as high as 1:12. Organizations can end up making 19 copies for every document, for which they have to spend $20 in labor to file these documents. However, 1 in every 20 documents gets lost due to glitches in administration. The increasing documentation requires attention and efforts from physicians as well, which makes it difficult for them to concentrate on what they are supposed to be. Hence, it also leads to the shortage of doctors in the healthcare organizations.
With the electronic filing of the claims made mandatory with HIPAA, it will benefit physicians due to lesser paperwork, but physicians now need to update their systems with the right software to file claims electronically. Also it has become crucial for the physicians and coders to be trained in ICD 10 for future filing of claims. Moreover recently in an event of aberration, the claim has a high chance of being rejected and the physician has to repeat the process all over again. This invariably leads to time consumption and cost delays. Insurance payers recently have become increasingly stringent about the course of claims, thus directly afflicting the physicians and their revenue procurement.
Hiring a trained and professional medical biller and coders services can provide a breakthrough for the physicians from all of these problems. The professional medical biller and coder possesses sound knowledge about the rules and regulations regarding medical coding including constantly changing updates, regulations and compliance. Issues like claims denial, medical necessity, bundling issues and charge capture can be handled by them efficiently.
Reforms like HIPAA which are actually designed to protect the privacy can actually be a reason for major concern among the healthcare organizations. They require claims to be filed only electronically, which is undoubtedly a fast method, but besides challenges like converting to system of electronic payments, there are times when the electronic claims get rejected because of lack of petty things like right payer number, provider's pin number etc. These issues, although seem to be minor, may end up in over extended deadlines and a loss of revenue to the organization. In this scenario, presence of a specialized billing service may help avoid such problems in the organization.
Medicalbillersandcoders.com, the largest consortium of medical billers and coders has been catering to the healthcare industry with its skilled and experienced billers and coders who simplify these processes for you and help in smooth functioning of your organization. Physicians form over 50 US states have been outsourcing their medical claim filing to MBC and are now confident about maximising their revenue cycle and managing their funds through MBC'S billing service.
All you need to know about plumbing and plumbing installation
Plumbing is a system of fixing pipes, stop leaking faucet, running toilets, sinks pipes, hot and cold water, drainage venting, fuel gas piping, septic system, replacing shower valves, water heater leaks etc.
The best plumber is selected by the persons only by recommendation of your family member, friends, and relatives. If your family member, friends and relatives knows about any plumber who is best in his work you can select him for the job. You can also select a plumber through the internet. The web sites are available to search a best plumber to hire for the job.
A plumber is good or bad by his experience not by his tool box or certificate. Plumbing is neither a simple nor a difficult work. There some important points are given which are always remembered by you while plumbing. These are: –
If the water pipe burst then immediately cut the water supply. But a lot of water filled in your home and messing up the floor. If you can't clear the water from the floor then the water ways to lowest part of the house.
Remove furniture from the floor so that the furniture can't contact with water. Remember that the plumbing is a very messy process.
Clear the work area for plumbing so that the plumber Putney works easily. Because the plumbers offer a wide area for service because they use high standard tools and materials while plumbing.
The kids and pets are getting in the way.
There are two ways for plumbing: – The modern and the traditional way. In the modern way the modern techniques are used and in the traditional way the traditional techniques are used.
In the traditional way plumbers can stop a leaking faucet, running toilet, and sink pipes causing damage in cabinets. These are used in modern and traditional both.
In the modern way plumbers supply the hot and cold water, plumbing drainage venting, fuel gas piping, septic system etc.
The plumber who comes at your home is a stranger person. So before inviting him at the home you have to investigate about him that he is actual a plumber Wimbledon or not. You make sure that the plumber comes on the behalf of the plumbing company which you are selected.
Why the plumbing is needed?
The plumbing is needed in many ways. These are given as follows: –
The plumbing is needed for pipe fixing. When the pipe burst and water coming down on the floor from the pipe. Then you have to turn of the water supply first and call to the plumber.
The plumbing is needed for gas leaks. If the gas is leaking in your house then shut off the gas valve and calls to a plumber. It is a dangerous operation handled by a professional.
Plumbing is needed for water heater leaks. If the water heater leaks then it can easily fixed by the plumber.
The plumber is not verified by a tool box and by a certificate. He is verified by his work. If a plumber Kensington has a specialized knowledge about the plumbing and he handles his work in any situation is a good plumber.
How to Protect and Save Assets that Remained in Crimea
One of the main obstacles for saving business assets is the fact that Ukraine has closed access to all state registries about the property in Crimea. According to this decision, in addition to positive moments (it helps to preserve the information in state registries about the property from illegal actions of third parties), there are negative moments, as a result of this action the notary (who makes real estate transactions according to Ukrainian law) cannot work with documents for property in Crimea. Ukraine blocked access to registers of property rights on real estate, individual acts, personal data of owners of real estate, information about enforcement proceedings, etc. This led, in fact, to "freeze" of all assets in Crimea. On the other side, Russian state registries have not started their work yet, and the legal nature of the information from these registries about the property in Crimea raises more questions than answers.
It is well known that the most valuable assets, first of all, are real estate, it is impossible to move it from Crimea to other territory. So we can offer the following list of actions to protect and save assets.
First of all, it should be understood that in this situation the main value acquire title establishing documents for the real estate on tangible media that will make possible justifying your right for some property. According to this you need to put in order all title establishing documents and other documents of title for the property in Crimea, including title establishing documents for land-property, and try to get any other documents using all methods (even semi legal). As it is not a secret that the search for and provision of documents in Crimea "retroactively" has become a kind of business for clerks. We should not forget that not only property documents can be useful but also the documents establishing other facts, such as documents about using of mineral resources, the exclusive rights of commercial structures, etc.
It is possible to initiate lawsuits with these documents for returning of material losses or return/refund business after the establishment of Ukrainian jurisdiction over Crimea. There are no reason to non-accept the title establishing documents for the property in Crimea issued by Ukrainian state institutions in the past. That is why such kinds of documents will be accepted by courts, including international courts. All these documents may be the evidence of guilt of Russia as a state which encroached on the property of third parties in Crimea and created the conditions for violations of the right for private property (which is guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 and Article 1 of the First Protocol to the Convention).
European Court of Human Rights (referred to as "ECHR") believes that the defendant is always the state that actually holds an annexation, as in this case such state brings its jurisdiction in the occupied territories. There are some cases in ECHR with affairs of the state arbitrariness (look at case №20680/92 dated November 15, 1996 "Tsomtsos and others v Greece", №19385/92 dated November 15, 1996 "Katikaridis and others v Greece"), denial of access to the property (look at case №15318/89 dated December 18, 1996 "Loizidou v Turkey"). The last case is very interesting due to the fact that the ECHR fully rejected arguments of the Turkish government that the political situation in Cyprus had justified a permanent denial of access of Greek Cypriots people to the property located on the territory controlled by Turkey. The ECHR stated that the establishment of actual barriers can be considered as a violation of the European Convention in the same way as a based on the law restriction which is very similar to the situation with Russian annexation of the Crimea.
However, if we consider the option of assets protection through the ECHR, the application to the international court have to be sent after the exhaustion of protecting rights and interests at the national courts, including the highest level. And the case "Loizidou v Turkey" can be very useful in this situation, because circumstances indicate that firstly we have to apply to national authorities of Russia as an aggressor-state. At the same time, we should not forget about the criterion of an effectiveness of national courts which the ECHR uses in considering of individual applications. According to this criterion, courts should be effective not only in theory but also in practice, i.e., available at the time of trial, they have to be able to satisfy the claim, and to have a reasonable prospect of a positive outcome.
There is the opinion that it is possible to apply a complaint directly to the ECHR, due to the fact of absence of effective remedies in Crimea for Ukrainian property and property rights. The position of the European Community concerning the evaluation of the actions of Russia is obvious. We can use the case of Catherine Rakhno like an example. It is about the abduction of her husband Eugene Rakhno in Crimea. The complaint was quickly transferred from the ECHR to governments of Ukraine and Russia for communication. We would like to note that the deadline for applying an individual application to the ECHR is only six months. Do not forget about it. Therefore, if you want to apply to the ECHR without decisions of national institutions, you should prepare substantiation (including some of the documents) that, to a certain point of time, there was no evidence of risk for property and rights for it, and these risks and threats have come just now.
We should also consider the protection of investments made in Crimea. Firstly, the investor who had invested in Crimea has to check whether the country of his/her residence or the country of his/her entity's residence has a bilateral agreement with Russia on mutual protection of investments. For today, there are a lot of such agreements between Russia and other economically developed countries, including the United States of America, Netherlands, Japan, Austria, Switzerland, Kazakhstan, Armenia. Moreover, many agreements require protection against direct and indirect investments. If yes, then this investor has an opportunity to protect their investments and property rights in Crimea through application to international arbitration. Unfortunately, Russia has signed but not ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, so it is impossible to use such legal instrument like the International Centre for Settlement of Investment Disputes (ICSID, Washington) for the protection of investments in Crimea.
Summing up, we can say that the issue of protection of assets and investments in Crimea is rather complicated and time-consuming. At the same time, foreign owners of assets and investments in Crimea can use more possibilities to protect their rights and interests, and so advise to take an advantage of such opportunities and to collect necessary documents and evidence for further legal protection in international court institutions.
Choosing The Greatest Accountant For Your Business
First issues first, attempt to pick a great accountant earlier than you start your business. The accountant will possible then have the option to help you get the structure of your enterprise immediately – in the end, a superb accountant would need to assist you along with your group strategy along with enable you to with duty organizing.
You must select your accountant by the size of your business. Are you a small or large business, or perhaps a sole dealer? Some accountants are very giant and subsequently solely are likely to to work for bigger purchasers, whereas different accountants present a mix of companies for small businesses and individuals. The size of your small business will permit you to knock a number of accountants off your record as they will not be suitable for the companies you require.
In order for you your accountant to do the most effective job doable, you should inform him the whole lot about you, your loved ones and your company. As a result of it's important to share such intimate info along with your him, it's important that you just really feel comfy speaking to your accountant. It's best to be certain that your accountant is competent, but you additionally want to search out someone who has a superb chemistry with you and your staff.
You wish to be certain that the firm makes a positive first impression. It's as a result of they are representing you and your company to the remainder of the business world. If the package seems wonderful, name and make an appointment to fulfill with someone at the concerned firm. Many entrepreneurs favor to work with small accounting corporations since they are more likely to work immediately with a partner. But, if your company requires a giant firm with worldwide places of work, then strive huge firms.
Your resolution on what qualifications to seek in an accountant must additionally take into consideration what providers what you are promoting needs from an accountant. Maybe you solely seek a agency to arrange your tax return and compile end-of-12 months financial statements. But should you also want tax and financial planning recommendation, or retirement planning advice, chances are you'll want to hunt somebody with completely different qualifications or background. Some companies also require their CPA to attest to the validity of their monetary statements to an outside party, akin to a bank. Even with the newest convenience options in tax preparation, equivalent to eFiling and tax software program, it's typically easiest to easily let a tax accountant do the work for you.
Are You Up To Date on Employment Law?
There are help sites that will give advice and information on changing law for you to consult as and when you might need to. However, whilst this will give you a good starting point, it is often not just knowing about changes in law, but fully understanding them that is the problem.
One way to ensure that you are constantly ahead of the game is to look into HR consultancy. Whether you decide to outsource your whole HR department to a company who are constantly in the loop and experienced in every single facet and nuance of law and its implications, or whether you simply limit it to HR consultancy, the results are almost always going to be good ones. Not only do you ensure that you are covered and working to the very pinnacle of your legal responsibilities, but you also get to remove a lot of the stress that comes along with HR.
Another, lesser publicised benefit of outsourcing is that suddenly office politics and friendships no longer come into play in the same way should there be a need for disciplinary action or in dealing with grievances. Outside parties can be impartial and ensure that the office can remain a place of harmonious work and not back biting over problems.
Just How To Produce Wealth And Economic Safety For Your Retirement
Worried about your retirement income or not enough it? Many people are. In the present economy, preparing for retirement is now a whole lot more difficult for nearly all people. You cannot even rely on your J.O.B. To supply certain types of job security anymore. It is no secret that many businesses are sidestepping the obligations of retirement planning their employees. They are actually handing it over to you and another employees to take care of your self after retirement. There are no job securities or guarantees anymore. You can't look forward to or depend on your company to provide you with retirement security. Some of you may still be happy to own these benefits remaining for the time being, but can you really depend on it? You may be some of those who don't? What exactly is next?
This simply implies that you will have to be more creative to discover a solution or solutions on your own retirement investments. Ouch! That may be a tough one. What if you have no idea about investing? What're you likely to do? The good thing is that with your changes in the work place and the job market, it opens the doors of opportunities. It lets you think differently, think out-side-the field. These retirements' concerns help develop the mind and develop your investment capabilities. You'll are in possession of to check out things from the different perspective. What if you are young and already contemplating your retirement? What if you are now ready to retire or what if you have already retired? Good! You are now ready for more information about an investment strategy which will produce tremendous wealth and change your complete financial lifestyle forever.
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Hiring a knowledgeable Criminal Defense Attorney Riverside
Hiring a skilled Criminal Defense Attorney Riverside is easy, call the Law Offices of Gregory H. Comings. You will be connected with a highly experienced attorney who is local to the Riverside area. Attorney Comings has a strong working knowledge of the Riverside Courthouses and has handled various cases throughout the county with successful outcomes. From getting felony charges dismissed at the preliminary hearing to receiving acquittals at jury trial, Attorney Comings is a skilled negotiator and litigator. As a respected member of the Riverside County Bar Association, Mr. Comings has the knowledge it takes to get a successful outcome. Representing people during the most difficult times is his passion and he will not waiver in providing you the defense you deserve.
If a family member or loved one is arrested on criminal charges in the Riverside County, it is imperative that you invoke your right to remain silent. If you speak with the police or anyone else regarding a potential criminal case against you, any information you give could be used against you. The only person you should speak with after being arrested on criminal charges is a practiced Criminal Defense Attorneys Riverside.
Attorney Gregory Comings Criminal Defense Attorney Riverside will meet with you personally to discuss your case. We offer a free criminal case evaluation and are here to help. It is crucial to act fast as waiting to contact an attorney could be detrimental to your case. We are available 24 hours a day/7 days a week to assist you with your case. It is essential to understand that you are not alone in this fight. We will be there for you throughout the process if you are arrested in Riverside County. Understanding your rights and the possible defenses that arise in your case is the best way to get a good outcome in your case. Call today and receive a free case consultation.
Although it is wise to look at an attorney's credentials and their case results, it is very important to remember that no two criminal cases are the same. The judicial system is based on the interactions of humans. A district attorney and Criminal Defense Attorneys Riverside may be able to see eye-to-eye on one case, but by varying the facts even just slightly, may result in a deadlock. A judge may be willing to accept an agreement in one instance but may use the power of his discretion to veto it in another case. If you or a loved one is arrested for a crime in Riverside, you want to hire a leading Criminal Defense Attorney in Riverside who knows the intricacies of the court system. You have rights and defending those rights is why our office is here. The Law Offices of Gregory H. Comings prides itself on defending those in their greatest time of needs. Our firm has represented people from all lifestyles, charged with a number of different crimes including white-collar crimes, armed robbery, drunken driving cases, violations of probation, and drug charges. Whatever the circumstances of your case, call our offices today.
Swimming Pool Contractors: Thinking of Building Your Own Pool? Think Again.
Although you may consider yourself to be a pretty competent do-it-yourselfer, taking on the task of building a swimming pool is quite an undertaking and better left to pool builders. If you think the whole process through, you will realize that there are many steps to pool construction that you will need to handle or supervise yourself, instead of having experienced Swimming Pool Contractors do them.
The first step is designing your pool. There are a lot of factors that Swimming Pool Contractors look at when designing a pool specifically for your backyard. Are there any grade issues or sloping? Swimming Pool Contractors can let you know your choices in regards to putting in a retaining wall or designing a cool vanishing edge pool that looks like it is flowing down the back of your property.
Experienced Swimming Pool Contractors will know the specific engineering that is required to build vanishing edge pools and other pools that aren't built on flat ground. Does your yard have an odd shape? Swimming Pool Contractors know how to maximize your space so that you get a decent sized pool and also an area for a deck to entertain on.
Next you will have to do a construction plan to submit for a permit. There are specific requirements for each municipality so you will have to research this before doing one. If you do not have the skills to do one, you will have to hire someone to do it for you. This is one of the many things that are typically included in the scope of work by pool builders. Once the plan is done, you will have to get your own permit before you can start the construction. The city or municipality will require that you have certain phases of the project go through an inspection and Swimming Pool Contractors know exactly what it takes to pass these inspections.
In essence, you take the role of general contractor when you build your own pool as you will have to hire sub contractors for all the different phases of construction. This presents more than one potential problems as unlike using pool builders, you won't know how capable your subs are unless you have personal references. Plus, you assume liability for anything that happens to them in your backyard. All reputable Swimming Pool Contractors carry General Liability Insurance as well as Workers Comp Insurance, relinquishing you from all liability during the whole pool construction.
You will also have to factor in the time that you will spend overseeing the subs. A pool typically takes four to six weeks to build and when you use Swimming Pool Contractors to do the construction, you don't have to be home while most of the work is done. They will have their own supervisors watching the crews.
The next concern should be if your subcontractors warranty their work. A pool is an expensive permanent structure that will be used for many years. Will your subs be around then and will they readily respond when something breaks or if you have a problem? Large reputable Swimming Pool Contractors will frequently have a better warranty than smaller pool builders.
When you think of all these things, don't you think it is best to leave pool building to Swimming Pool Contractors?
Some helpful tips for kitchen fittings
There are so many things that you can do with the kitchen design. A few of such things are mentioned below:
Tip 1: Make your own sketch or plan: Before you ask your designer / fitted kitchen specialists to produce a 3D design of your kitchen, create a sketched plan of the desired fitted kitchen. It doesn't matter how good you might be at drawing, it can help you to supply quite aspects that you desire to include noted down.
You are able to take inspiration out of your current kitchen or through researching on the internet and in gossip columns. An artist will appreciate this starting point.
Tip 2: Take space into account; how about to produce more room for the kitchen by extending it? An extension cord enables to have an open plan fitted kitchen and dining / living space. Your kitchen fitter Caterham or fitted kitchen specialist should be able to counsel you around the best way to maximize the potential of your kitchen area space.
There are numerous approaches to layout any kitchen so it's vital that you explore all options along with your kitchen expert.
Tip 3: Water supply and further electric power points, under floor heating; if the budget is tight then do not move about with the sink, gas pipes or waste since this adds substantially to kitchen installation time and price. When it is needed and budgeted for, then you've got more possibilities for creativity.
Your requirements for plugging in large appliances such as washers and dishwashers, along with smaller utensils, such as toasters etc. will determine how much power point sockets that you'll require.
Under floor heating ought to be planned in advance and discussed together with your kitchen remodeling company.
Tip 4: Flooring will give your home an extreme facelift but needs to be planned well in advance since it has implications for plumbing and under floor heating etc. Wooden floors, laminate, tiles and vinyl are selections for your kitchen.
Tip 5: Lighting design; a hanging light and spotlights create two different atmospheres. In kitchens it is important to consider both practical safety and design.
Lights over sinks and preparing food areas can be extremely helpful, as well as enhancing the aesthetic.
Tip 6: Kitchen unit style / worktops; the option of unit style is entirely your responsibility however you must look into long or short term kitchen use. In the short term you would put in a practical kitchen using a neutral look and colors. A kitchen that incorporates modern appliances but attracts wide spectrum of buyers is important in the event you decided to sell the house in just a couple of years.
In the future kitchen plans you need to be certain your home style and color will correspond along with other linked home areas to create continuity in your property. An up to date kitchen blended with traditional furniture in open lounge wouldn't normally necessarily appeal to you in order to your guests.
Tip 7: Appliances and sink choice; Bet on top quality appliance even at rental properties. The cheapest appliance costs twice or three times over in order to change them within 2-3 years. Mid or top end appliances can last longer.
Right handed people should you prefer a sink which is left drained and visa versa. This really is worth keeping in mind.
Tip 8: Kitchen ergonomics; Practicality is everything within a kitchen and so it is very important that there be described as a logical layout based upon your meal preparation process.
It could seem sensible to include a cooking area close to your cooker using a sink nearby; you don't want to must carry dirty plans a long way.
Keep your carpenter Dorking understands your cooking processes when designing your home layout.
Tip 9: Fitted kitchen baseline units; Meticulous planning of units will ensure that there are enough room to deal with all your kitchen cookware. There are many storage options available.
Tip 10: Hiding boilers; Exposed boilers can ruin a fresh kitchen design. You can disguise it by encasing it inside a matching kitchen unit. With the budget you can even consider moving the boiler out of the kitchen altogether.
The Spanish Copyright Law
The Spanish Copyright law grants a creator exclusive rights to his or her work. This includes works in the literary and artistic fields and protects a broad range of creations, provided that they are original. It may be for example, books, musical compositions, dramatic and cinematographic works, sculptures and paintings, but also photographic works or works of applied art.
The creator of an original work has a moral and a patrimonial right to it. These rights ensure the creator full disposal of his or her work and the exclusivity to exploit it without any limitations other than those prescribed by law. In Spain, as in the majority of the European Union countries, the patrimonial right protects a work for the life of the creator and 70 years after his or her death.
The moral right is imprescriptible, permanent and inalienable and is transmitted to the creator's heirs at the moment of the creator's death. These rights aim at ensuring respect and integrity of works and at condemning deformation, modification or alteration of any work created. The creator is also entitled to decide the moment of the divulgation of his or her work and can chose whether to use a pseudonym or not.
International and Domestic Law
New ways, new concerns
Slaughter and Burke-White propose three ways in which international law plays or is starting to play a role in domestic governance: strengthening domestic institutions, backstopping domestic government and compelling action by national governments. In addition, they rightly outline potential dangers of using international law in affecting domestic politics such as 'weakening local government actors by siphoning off both funds and personnel' , undermining democratic processes and preventing domestic experimentation with alternative approaches, giving 'national governments new license to undertake otherwise illegal or unjust policies' , domestic institutions becoming sources of abuse for national governments.International and Domestic Law
Although the reasoning behind the ways in which international law is utilized in relation to domestic governance to provide effective response to newly arising global challenges 'in pursuit of global objectives' is clear and holds rationality and validity, it is yet a bit far from a comprehensive analysis of the potential consequences of implementing a 'properly designed and structured legal rules and regulations to backstop domestic political and legal groups trying to comply with international obligations'.
Upon examining the proposed ways the question arises with regards to the future of international law, whether it will be domestic or a 'Global State will emerge' and what will be the nature and character of the newly emerged system. According to B.S. Chimni, 'Slaughter believes that international law will essentially play a benign role bolstering democratic institutions and progressive practices, critics worry that international law turning domestic will mean that an imperialist global law will prevail' . Therefore, Slaughter and Burke-White, in their reasoning neither fully appreciated nor met the challenge of answering the question. What will be the shape of domestic governance and national laws, how do the three ways proposed impact the nature of domestic law? That needs to be put in a wider perspective though a much deeper analysis.
Another factor which was briefly covered is the impact of the said ways on democracy. As J.H.H Weiler rightly states: 'what is required is both a rethinking of the very building blocks of democracy to see how these may or may not be employed in an international system which is neither State nor Nation' . Mechanisms developed to support backstopping of states with the good intention to support nations and help them comply with international obligations might lead to serious consequences in relation to democracy.
Another point of concern is related to those very organizations which aim to 'support the states' such as World Trade Organization (WTO) and the International Monetary Fund (IMF), and their role in the mechanism proposed by Slaughter and Burke-White. As Held points out 'decision making in leading IGOs…is often skewed to dominant geopolitical and geo-economic interests whose primary objective is to ensure flexible adjustment in and to the international economy' . Thus, problems exist in relation to transparency of decision making procedures, development of agenda, accountability leading in turn to challenges associated with democracy on a global scale.
Although the proposed ways to develop and consolidate 'regime of liberal international sovereignty' might carry positive intent and, if properly designed and implemented serve good to developing nations, it is yet cannot be denied that major power and economic inequalities exist and the gap between poor and rich states is growing. Thus, the question arises whether the proposed by Slaughter and Burke-White ways will bring positive change or turn into weapon in the hands of the strong and would return the world to a transformed in shape and form colonization.
Slaughter and Burke-White's strengthening domestic institutions, backstopping domestic government and compelling action by national governments might serve the purpose of achieving 'good' internationally, however, their reasoning fails to address important issues and/or consequences such as democracy, nature of global law, sovereignty, power inequality and potentiality of abuse. Ways developed to serve good purpose might turn into the 'evil' tool. There is much work to be done in order to assess democratic legitimacy of specific international arrangements; estimation should be performed of potential impact of specific international legal arrangements on domestic governance and democratic practice. Moreover, a thorough analysis should be performed on the ground of the actual behavior of international institutions and domestic interests.
[1] A Slaughter, W Burke-White, 'The Future of International Law is Domestic (or, The European Way of Law)' (2006) 47 Harvard International Law Journal 331
[1] ibid 347
[1] ibid 347
[1] ibid 328
[1] B S Chimni, 'The Past, Present and Future of International Law: A Critical Third World Approach' (2007) Vol. 8 Melbourne Journal of International Law 12
[1] Ibid 12
[1] J.H.H Weiler, 'The Geology of International Law-Governance, Democracy and Legitimacy' (Gulbenkian Foundation Conference on Globalism, Lisbon, 2003) p. 15-16
[1] D Held, 'The Changing Structure of International Law: Sovereignty Transformed?' accessed 25 March 2015 p.174
[1] ibid 169
Former Employees Sue California Radio Station for Wrongful Termination
Los Angeles, CA: Two former employees of a California-based radio station owned by a corporation headquartered in Mexico have filed wrongful termination lawsuits under California labor law, alleging "a campaign of character assassination" and other allegations.
The pair claims they were fired in retaliation for blowing the whistle on alleged fraud at the station, together with allegations the station had been employing illegal immigrants.
The defendants in the California labor lawsuit, Grupo Radio Centro LA LCC, deny the charges.
Plaintiffs are Sean O'Neill and Rosa Ambriz, the former vice president/general manager and office manager respectively. O'Neill had come to the radio station – the call letters were not disclosed – in January 2014 after having signed a four-year contract. He was terminated in August of last year, seven months into his contract. Ambriz was laid off from her position at the time O'Neill was fired.
The pair accuses Grupo of wrongful termination under the California labor code after they spoke out against alleged Nielsen ratings fraud and so-called "payola" and "plugola" – forms of payment and incentives to broadcast and/or promote products illicitly. There were also allegations the station had hired some employees and independent contractors that were not legally authorized to work in the US.
According to their California and labor law action, "[Grupo] took retaliatory and adverse actions against plaintiffs, including, but not limited to, subjecting plaintiffs to ongoing hostility in the work environment, subjecting plaintiffs to intolerable working conditions…and wrongfully terminating [the plaintiffs]," the complaint says.
Grupo, through its legal representatives, countered that O'Neill was fired due to missed sales goals, as well as allegations that he harassed employees and underperformed.
The four-count suit alleges violations of California Labor Code, breach of contract, wrongful termination and defamation, and seeks damages, interest and costs. O'Neill is attached to all four counts, whereas Ambriz is associated specifically with wrongful termination and violations under the California labor code.
A co-defendant in the case has been identified as Ricardo Sanchez, who is alleged to have written a memo dated July 8, 2014 to O'Neill that included "demeaning and defamatory remarks," or so it is alleged. The e-mail is alleged to have accused O'Neill of creating low morale among sales staff, and accusing O'Neill's department of showing poor sales performance. The e-mail also said that clients felt uncomfortable negotiating with O'Neill, and Sanchez accused O'Neill of "destroying" the station, or so it is alleged.
The case is Sean O Neill et al v. Grupo Radio Centro LA LLC et al, case number 2:15-cv-06116, in the US District Court for the Central District of California.
Fight Or Flight: Defending Yourself Against Dog Bites and Attacks
Dog Attacks: Fight or Flight?
There are certain characteristics dogs will exhibit to warn of an attack. Their bodies may be stiff, their tail raised, they may growl, or show their teeth, or lock you in a steely gaze. At this point, your best bet is to try to remain calm, keep still, and not do anything to threaten or antagonize the dog. By remaining calm and still, you show the dog you're not a threat. Hopefully the dog will see this, and lose interest in attacking.
In the event a dog actually does attack, you'll be forced to protect yourself. Some martial arts and self-defense gurus recommend taking the following actions to defend yourself against a dog bite or attack:
If possible, give the dog something else to bite on, such as a jacket sleeve or handbag. When out walking, it's good to wear a sweater or sweatshirt tied around your waist, for just this purpose.
If you have nothing else for the dog to bite, extend your arm. Presenting your arm will prevent the dog from biting onto your thighs and hitting a major artery. In addition, a dog is more likely to be able to knock you down if it bites you on the thigh or leg.
If you are bitten, do not try to struggle or pull free. Animals have extremely strong resistance. Trying to pull away will only increase the severity of your injury.
If the dog has hold of you with his mouth, its other body parts are vulnerable. You may have to use excessive force: punch the dog in the throat, make a jab to its eyes with your thumbs, or deliver a hard kick to its legs, ribs, or backside.
Using Force to Fend Off A Dog Bite
Under the New Jersey State Statutes, you are entitled to defend yourself, as well as others, against injuries caused by dog bites and attacks. Under NJSA Section 2C 3:4, the use of force is justified as self-defense in circumstances where a person is protecting themselves against the threat of bodily harm and death, and this includes using deadly force. You will not be held liable by a dog owner for any damage you cause to the animal – including death – as long as the following conditions apply:
You did nothing to provoke the attack, such as trespassing or taunting the animal;
You tried to avoid or prevent the attack;
You tried other methods of defending yourself before using deadly force; and
You believed that using deadly force was the only way to protect yourself or others from serious or life threatening injuries.
Contact Our New Jersey Dog Bite Attorneys
If you or a loved one has been injured or hurt as the result of a dog bite or attack, contact the Pearce Law Firm today. Our experience New Jersey dog bite attorneys can provide you with the kind of aggressive legal representation you need to protect your interests and get the compensation you deserve for the injuries you suffered. Call our office today for a free consultation.
Top Reasons to Seek a Personal Injury Attorney
If you have been harm inside an incident, you should think about submitting states obtain payment for that accidents. Injuries statements are around for anyone who is experiencing accidents, bodily or even psychological, due to the carelessness associated with other people. So that you can successfully gather payment for all kinds of harm or even accidents, it is recommended that you just use the service of a personal injury attorney.
Carelessness regulations enable any kind of target in order to signify on their own in the courtroom. Nevertheless, the process can become pricey as well as possibly mind-boggling. To start with, you need to begin the process promptly to avoid refusal due to law associated with limitations. A lot more, you will be required in order to show your own declare, which means you have to show just what the accused do incorrect. Sadly, since the complainant, the actual accused combined with the charged insurance carrier is actually towards a person. The insurance coverage supplier will see loopholes as well as differences within your scenario and offer you under feasible wishing that you will take.
Victims might document statements with regard to circumstances, for instance automobile mishaps, drop instances, faulty item instances, as well as manslaughter. Inside the work to collect with regard to damage, the actual target should show their own declare through not only accumulating proof, but in addition using a good attorney for injury. Using a good personal injury attorney is usually the initial kind of protection because they are educated concerning carelessness regulations as well as the insurance carrier knows the great end result.
When selecting an competent personal injury attorney, ensure that the actual prospect is correctly educated as well as certified. The actual injury lawyer is required to achieve a distinct segment accreditation plan that is certified with the American Bar Association. The actual attorney for injury must have handed a good itemized club evaluation following going to a professional legislation college. A good itemized mentality evaluation signifies the right attorney sticks in order to rigid requires associated with lawful integrity along with basic rules associated with carry out whenever reaching customers. Moral injuries attorneys devote on their own to guard their clients discernment and possess their utmost fascination with thoughts.
A powerful carelessness legislation lawyer is actually familiar along with accidents legislation. A skilled injury attorney may also be educated of each fine detail in the insurance coverage legislation, that's crucial facing insurance firms. All through accidents instances, the insurance coverage supplier is utilized through the accused consequently they may try and betray you together with refuse or even decrease entitled payment. Because of this you have to use a personal injury attorney to guard you from additional carelessness.
The statements lawyer can do all the original and recurring suit your needs. The actual attorneys tend to be required to arrange as well as publish just about all lawful paperwork along with take good care of the research to file for with regard to as well as negotiate your own declare. The very first objective is always to negotiate pretty, the actual personal injury attorney would like to simply accept claim they can test inside the scenario associated with inadequate negotiation or even unjust termination.
There is no option for you personally within having an efficient injury attorney with regards to submitting negotiation statements. Keeping the actual assistance from the accidents attorney can lead to the faster plus much more considerable negotiation. Especially, in the event you appear, you may be subjected to substantial courtroom expenses as well as enormous insufficient income. The majority of individual statements attorneys concentrate on the backup charge foundation, that means they do not get paid out except if money is actually given.
Using an efficient attorney for injury is actually substantially beneficial. The actual assistance that you will obtain within the attorneys gives you the fulfillment and you will be in a position to focus on your own accidents. Personal Injury Attorney is extremely faithful and use lawful integrity facing his clients.
Using a specialist agency for parking jobs
There are many parking jobs out on the job market at the moment and it may come as a surprise to most to learn that the traditional parking attendant role is no longer the main type of position available in this area. Not only has the job role of parking attendant changed dramatically over the years but there is a definitive career path available to those that want a job with prospects and a means to develop within the parking industry.
These days it is possible to build up a wealth of experience and qualifications for parking jobs. This can open up the doors to roles such as civil enforcement officer and parking manager to name just a few of the parking enforcement jobs available in the UK. The role of the civil enforcement officer has been recently developed and offers exciting opportunities for with the right skills and background.
Often seeking out these parking jobs can be a challenge and many people with the appropriate working knowledge and education can miss opportunities as a result. Those that could bring a great deal to the roles of parking attendant, parking manager and civil enforcement officer need to have access to parking jobs listed in one specialist area. This makes finding the right job easier and is essential for employers when seeking the perfect applicant.
A specialist recruitment agency in parking jobs is the best place to start. Here a comprehensive list of parking jobs is detailed including important information such as job specification, salary and location making the application process so much easier. Applying for parking jobs couldn't be more convenient and straightforward as this can be carried out online.
At Unity Recruitment we offer a specialist service to applicants looking for parking jobs and have up-to-the minute job listings.
New Guidelines Address Misclassification of Workers
The Department of Labor has issued new guidance that has the potential to create shockwaves for a number of sharing-economy companies. The goal is to bring some much-needed clarification to as to who qualifies as an employee versus an independent contractor. The move follows a wave of lawsuits against a number of start-ups including ride-sharing firms Uber and Lyft, and other gig businesses like Handy and Crowdflower.
The Department of Labor released the new directive in response to growing criticism from labor unions and activists who claim that companies like Uber exploit workers for their own benefit. Many argue that by misclassifying workers as independent contractors rather than employees, companies can cut costs and avoid certain labor laws. Unlike employees, independent contractors are not entitled to certain protections such as minimum wage, overtime compensation, unemployment insurance and Workers' Compensation. Rampant misclassification also creates an uneven playing field for those employers who properly classify their workers.
In contrast with the old guidelines that generally focus on how much control the employer has over how the work is performed, the new directive emphasizes the economic dependence the worker has on his or her employer. Put simply, a worker who is economically dependent on his employer should be treated as an employee; a worker who is truly in business for himself is an independent contractor. In order to make this distinction, employers and courts consider a number of so-called economic realities factors. These factors will be utilized on a case-by-case basis and generally include:
The extent to which the work performed is an integral part of the employer's business
The extent to which the worker's managerial skill can affect his or her profit and loss
The worker's relative investment as compared to the employer's investment
The amount of special skill and initiative required for work performance
The permanency of the relationship between the worker and employer
The degree of control exercised or retained by the employer
Not one of the above factors stands alone as determinative. Rather, courts will consider how each factor lends itself to the determination of whether the worker is really in business for himself, or instead, is economically dependent on the employer. The potential impact of the new guidelines is huge. The Department of Labor anticipates that as many as five million currently exempt workers will change status, thereby becoming entitled to protections formerly unavailable to them.
Employment law update – The Agency Workers Regulations
The second category confers rights on employees who have spent 12 weeks in the same job. These workers will be entitled to equal treatment entitlements relating to pay and other basic working conditions, such as annual leave and rest breaks. Pregnant agency workers who have completed the qualifying period will be able to take paid time off for ante-natal appointments during an assignment.
In this article we look at who is – and who is not – protected by the Regulations. The AWR apply to individuals who work as temporary agency workers; individuals or companies (private, public, charities or social enterprises) involved in the supply of temporary agency workers, either directly or indirectly, to work temporarily for and under the direction and supervision of a hirer; and hirers (private, public and third sector)
For someone to be an agency worker there must be a contract (an employment contract or a contract to perform work personally) between the worker and the agency; that worker must be temporarily supplied by the agency to a hirer; and when working on assignment the worker is subject to the supervision and direction of that hirer.
Those who are likely to be denied protection under Regulations include people who find work through a temporary work agency but are in business on their own account (where they have a business to business relationship with the hirer who is a client or customer). Others likely to be outside the scope of the Regulations are workers who are employed on Managed Service Contracts, that is, where the worker does not work under the direction and supervision of the host organisation, and individuals working for in-house temporary staffing banks. Job seekers who find direct employment with an employer through an "employment agency" and individuals on secondment or loan from one organisation to another – would also fall outside the protections of the Regulations.
Where a worker is in a business on his own account, the Regulations won't apply. Whether the person is genuinely self-employed will be a question of fact in each case. However, just putting earnings through a limited company would not in itself put a person beyond the scope of the Regulations.
In the event of a dispute, in order to establish if a worker is genuinely in business on their own account, the courts will examine the individual's circumstances and consider all aspects of the relationship, including what a contract might say or what it does not say, the expectations of the parties and their conduct, to establish the reality of the relationship.
Get and stay up-to-date with employment law in no time at all with our Law on the Move. This essential tool kit combines audio and interactive webinar updates, a short summary of the key points and – most importantly – tells you what you have to do and when to do it.
On 28th June 2011, Russell HR Consulting is running a one day training course on "Pre-Trial Preparation for an Employment Tribunal (ET1 to trial)".
Russell HR Consulting provides expert knowledge in the practical application of employment law as well as providing employment law training and HR support serviceswww.russellhrconsulting.co.uk or call a member of the team on 0845 644 8955.
Russell HR Consulting offers HR services to businesses nationwide, including Buckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury, Northampton, Towcester and surrounding areas), Nottinghamshire (covering Chesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) and Hampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham, Portsmouth, Southampton and surrounding areas).
What is a Confidentiality agreement ?
What is valuable information?
Confidential information plays an important role in the success of the business. Because it protects the ideas, plans, policies before the completion of a project. Confidential agreement gives security to such valuable information. It imposes the obligation on the recipient to keep the information as a secret within the specified time period. It must be made before the disclosing of the confidential information.
Legal importance of agreement
It is a legally binding contract. It must be in a written form. It is a contract that promotes and develops the mutual trust between the parties. It provides the sense of security to disclosing party that his valuable information; plan is in secret under the protection of the law. It is also called non disclosure agreement (NDA).
Essential of confidential information
The information which is already in a public domain is not considered as confidential. However, the information already in knowledge of the recipient is not considered as confidential but the recipient can agree to keep this information as confidential.
Business growth
The business growth is entirely depending on the confidential information. It is a back bone of the company which makes or mars the company fate. So therefore the discloser must take the all pre cautionary steps before negotiating such information with the recipient.
Time Limit
The NDA must provide the time period for keeping the information as secret, confidential. It also defines the obligation and responsibilities of the recipient. The agreement once signed, it becomes the legal document. It is necessary for the recipient to know what extent information is considered as confidential. So the discloser must define the extent of information, which is confidential. Information already in public domain does not call as confidential information.
Breach of the agreement
The NDA imposes the legal obligation on the recipient not to disclose the information without getting the prior permission of the discloser. The discloser can sue the recipient if the recipient breaches the terms of the confidential agreement. The court can impose the penalty on the recipient for the breach of any term of the agreement.
Necessity of non disclosure agreement
In the absence of any written agreement, the disclosing party will be left with nothing to prove and prevent the misuse of information that it shared with the other party. Such an agreement is also a simple way to gauge the intention of the other party and at the same time set the platform for future understandings.
Therefore, the first and the foremost requirement of the parties are to determine that the confidential information which is being disclosed or mutually shared by the parties is protected from any misuse. To ensure the safety of the confidential information and the sensitive information of the disclosure being passed on in the wrong hands, parties generally prefer to enter into confidentiality agreements. The importance of this agreement really tested when the things do not go as per the plan and deal goes to sour.
The NDA put strict liabilities and obligations on the recipient of the confidential information to ensure that the sensitive information disclosed by the disclosure to the recipient is kept secret.
Net Lawman provides the comprehensive non disclosure agreement. Such as:
Confidentiality agreement, Non Disclosure Agreement (NDA)
This confidentiality agreement (non-disclosure agreement or NDA) enables a business or individual to explore the possibilities for a deal before signing an agreement that covers the terms. This confidentiality agreement is a good way of protecting your secrets from being used by the other side if the deal doesn't go ahead. Examples of use might be: a proposed franchise; a business acquisition; the appointment of an agent or distributor; demonstration of plans, ideas or a prototype.
Overtime Lawsuits in the Sharing Economy
Sacramento, CA: A new wave of California overtime lawsuits is being filed and according to The Wall Street Journal(8/2/15), this time the fight is over the rise of "sharing economy" businesses. Companies that have risen in the sharing economy – such as Lyft and Uber – face overtime lawsuits alleging workers are misclassified as independent contractors, meaning they aren't eligible for minimum wage, overtime or other benefits.
The sharing economy generally refers to a system in which human and physical resources are shared. Airbnb – where homeowners rent out their property to visitors – is one example of a "sharing economy" business. Uber – a ride-sharing service where transportation is organized via a cell phone app – is another example.
Not all sharing economy businesses rely on regular workers to sustain the company. But some do, and in those cases, workers are now filing lawsuits alleging they've been misclassified as independent contractors instead of being categorized as employees.
The distinction is an important one – both for the worker and for the company. Employees receive certain protections and benefits, including minimum wage, overtime and workers compensation. Independent contractors have none of those protections – and have to pay for their own expenses – but have more discretion in the work they do, including the ability to determine when and how they work, and how much they charge.
For companies, the distinction between independent contractor and employee is costly: employees cost more. But independent contractors have the ability to turn down work if they want or change their pay rates. In most jobs, it's easy to see the difference; an employee clocks in at the same office every day at 9:00 am, works until lunch break, then comes back and works at the same desk until the end of the day. But in the sharing economy, where hours vary widely, and where the work is mobile and sporadic, the distinction is more difficult to make.
A lawsuit in California against Uber will have repercussions for the industry, with US District Judge Edward M. Chen considering a lawsuit filed by 160,000 California drivers, who argue they should be reimbursed for mileage and tips. Chen will decide whether the lawsuit can proceed as a class action, although he has already indicated that so far he believes the drivers should have been classified as employees.
Photo credit: thefuturescenter.org
Get a Good Criminal Defense Attorney in Orange County
A criminal defense attorney is employed by someone accused of a crime. There are three main types of crimes or criminal offenses, felonies, misdemeanors, and infractions. Crimes can be determined by federal law, state law, or local law. In Orange County if you are accused of crimes you should consult a criminal defense attorney Orange County. When you are accused of criminal activity, whether in California or elsewhere, you need to contact a criminal defense attorney. The defense can help you navigate the specific law concerning the crimes that you are accused of. The following situations are ones in which a criminal defense attorney would be helpful.
When you have a criminal defense attorney you can be assured that the law pertaining to trial procedures will be followed. In Orange County and across the United States, a person is innocent of a crime until they are proven guilty of the charges. Whether you are accused of a DUI, sex crimes, domestic violence, or any other criminal offense, a criminal defense attorney will ensure that your rights in these areas are being respected. Since the criminal defense attorney knows the law in-depth they can better protect you.
A criminal defense attorney is instrumental if you want to make a plea bargain for your crime. If your defense lawyer believes that the Orange County court will find you guilty they may recommend a plea bargain. Then your criminal defense attorney will explain the law concerning plea bargains, and use their defense skills to get you the best offer possible. This is an option for almost any type of crime in California.
A criminal defense attorney is also useful for consultation on law. Knowing a good defense lawyer before you are charged of a crime can be helpful. A criminal defense attorney can be difficult to find. When you are charged of a criminal offense do not speak to the police or investigators before consulting with your criminal defense attorney. You have this right by law. The criminal defense attorney will plan your defense and coach you through the charges. Since you are their clients, they will always be on your defense. The defense attorney will prevent you from incriminating comments.
Since the Orange County, California legal system is so complex you will be more comfortable with a criminal defense attorney. Their job is to represent their clients, who like you, are charged with crimes. The expert knowledge of a criminal defense attorney can be invaluable when you are trying to make sense of the Santa Ana legal system. Your defense lawyer will guide you through the law and your defense. The criminal defense attorney will make the process faster and smoother, and ensure that you get a good defense for your charges.
When you are charged with a DUI, domestic violence, sex crimes, or any other criminal charges you will want a criminal defense attorney on your side. The chances of having the charges dropped is increased with a defense lawyer. If you have a criminal defense attorney you are much more likely to have a positive ending to your charges.
Hiring a good criminal defense attorney is a smart choice when you are charged of a crime. Whether you are in Orange County, California or anywhere across the United States a criminal defense attorney is a must for legal troubles.
Criminal Defense Attorney: Grieving From A Wrongful Death
As civilization advances and now that we are currently midway to the next generation, issues concerning legislations, crimes, and other legal cases will also get difficult. The simple undeniable fact that today, as sophistication in the lifestyle of the society becomes even thwarted and garbled, people are in one way or the other gets involved with crime. That's regardless of whether on the aspect of omission or commission.
Through the years, law ethics continues to be recognized by public so as to correctly execute the law for the advantage of people. This is the major reason of the presence of lawyers and why to engage attorney assistance in criminal defense along with other cases.
Lawyers are professional law practitioners that have expertise in a certain division or discipline of law. These people represent the defendant and also the plaintiff in the court proceedings. Even though an individual has their rights to choose not to represent themselves, because not all people are educated in the law and the ethics which it follows, counsel of a lawyer is nevertheless significant.
There are so many types of attorneys. Every attorney has his/her personal area of specialization and has sub expertise to other legal issues. The most common legal issues in the nation are those that have something to do with taxation, insurance, intellectual property, family law, and criminal law.
With all of these, attorney services in criminal defense would be the most sought after these days. Criminal defense lawyers are the ones that deal with and possess the ability to deal with the situation of the charged. Just like doctors, attorneys have their very own expertise in every subject matter concerning the law and criminal cases. These attorneys are experts not just in the case but also in the methods which are being executed in the courts specifically on the system of evidence collection.
Here are the explanations why finding a criminal defense attorney is important:
• You will be guaranteed that the expertise provided by the lawyer fit correctly to the case that you are currently facing. Most of the time, because a specific lawyer is concentrated with the numerous areas of legal issues, he/she may neglect some important information when attempting to keep another case, specifically that one of a criminal defense case.
• You won't have any difficulties or worries in the way the situation will move because of the expertise that the lawyer has. The development of the case rests at some point with the lawyer. The law is flexible and there are so many things to consider. Having an expert criminal defense attorney can easily have a case be dismissed or be merited with lower conviction penalties.
• Due to the lawyer's expertise, you'll be confident that he/she only accumulates all the details and evidences which will help in the termination of the case or even other relevant moves that can be possible.
• You'll be sure that the defense lawyer will remain on your side until the conclusion of the trial and preserves the doctrine of innocence until otherwise disproved.
The criminal defense lawyers should always present the best attorney services in criminal defense. Because you could have total confidentiality with the facts that you discuss to your lawyer, it is possible to heave off great deals of information to your lawyer without impacting the outcome of the case.
Criminal Defense Attorneys: How to Find the Right One
When your reputation, freedom or life is at stake, you want the services of top-notch Criminal Defense attorneys to not only get you out of the mess but also keep you out of it and make the whole nightmare disappear.
Selecting the right lawyer would be the single most important decision and while selecting Criminal Defense attorneys, you need to take several points into consideration.
1.The years of experience and results of previous cases handled by him.
2.His overall fee including fee structure and retainer.
3.Can he handle alternate negotiations and aid in settling the matter out of the court?
4.Who would really represent you: the attorney himself or an assistant?
Out of all the qualities needed in a criminal defense lawyer honesty and commitment towards the client usually tops the list. Experience and ability to think out of the box is another desirable quality.
Unless you are already under arrest and need someone right away, several consultations with a few lawyers before selecting the most appropriate person, is the right way to choose a lawyer. During your initial consultations, don't hesitate to ask about their experience in handling cases similar to yours. For instance, someone whose major area of concern has been civil law may not the best person to handle a criminal law case.
Keep in mind that no sincere and honest lawyer would ever promise you an outcome at the very onset. They would just promise to do their best. They should be able to answer how they handled similar cases in the past. You want to know whether they genuinely believe that a good defense can be crafted. Ask them if they can explain the strategy they have in mind. You want someone to defend you strategically and not default to a plea bargain immediately.
The most important thing is that you should be able to trust your criminal defense lawyer and able to communicate with him freely. If attorneys at first consultation are attentive, honest and forthcoming then you may look forward to a good representative.
The Manchanda Law Offices PLLC, a leading New York Based law firm with many experienced and dedicated Criminal Defense attorneys and legal professionals has successfully represented, advised, counseled, and assisted innumerable individual and corporate clients in Immigration Law, Deportation Defense, International Law, and Criminal Defense for almost 10 years. To know more about them or speak to an attorney, logon to http://www.manchanda-law.com
What Needs to be Done with High Unemployment Rates?
In the current dire economic situation, it was always inevitable that unemployment would rise but the extent to which it has done so is quite worrying, with the figures now reaching a 17-year high. The Office for National Statistics has reported that the unemployment rate has increased to 8.1%, with approximately 2.57 million people out of work in the UK.
This steep rise has a series of knock-on effects which place a greater burden on the nation, not least the number of benefit claimants. In addition, every job lost has a direct human cost, causing great stress and unhappiness in many affected families.
The Politics
These shocking figures emerge in stark contrast to the government's proposals to reduce unemployment for the three years following the election of 2010. This apparent failing has not gone unnoticed by the Opposition, who have criticised the government's inability to fulfil their promises on this matter.
Prime Minister David Cameron has insisted his plans to cut the deficit are still on track and that his government is doing as much as it can to help more people get back into work. However, these statements may be of small comfort to many who are directly affected by job losses, with some who think they have been unfairly dismissed having to turn to employment lawyers for help.
Points of View
Many senior officials and economists have given their opinions on the current situation. Brendan Barber, general secretary of the Trade Unions Congress, has condemned the rise in unemployment as a 'full-blown crisis' and believes criticism should not solely be directed at the eurozone but also on domestic issues. However, Ross Walker from RBS Financial Markets believes that the figures are being somewhat misinterpreted, giving a gloomier picture than the reality. He argues that the increase in unemployment is focused mainly around part-time jobs and that the full-time jobs market, which is a truer indicator of the country's financial wellbeing, has not suffered anywhere near as drastically.
Work Experience and Internships
One of the groups worst hit by the unemployment crisis are young people. Whether they leave school at 16, stay on to complete their A-Levels or even graduate from university, many young people emerge into a tight jobs market with few options open to them. There are, however, several options to help young people find work after they leave education.
Work-experience programmes allow people to spend time in an employment environment and learn vital skills that will improve their standing in the jobs market and help guide them towards an appropriate career. Internships are often longer and more focused than work-experience placements and give interns a direct insight into a particular company or a particular role. Both can be exceptionally valuable but it must be remembered that they are often unpaid and their true benefits are usually found in the long term.
Overall, however the official figures are interpreted, the picture is certainly one of a continuing rise in unemployment which affects both the nation as a whole and individuals and families who suffer directly because of job losses. No group is more at risk from this dire situation than young people, who emerge from schools and colleges to discover that breaking into the job market is practically impossible. That's not to say there isn't hope. With time, internships and training schemes may give them more opportunities and help to mitigate this growing crisis.
Color printing for business needs
Reliable and affordable color printing services are the key to the introduction of a business card and attractive long-term. Use a business card to make it more appealing and appealing and adds the potency of promotional and communication tool.
Print Black & White preferred
Color printing services are increasingly preferred the monochrome cards for that simple reason that the things attract more attention and remain in the mind of a person for some time longer. Full-color maps printed and promotional products can perform wonders for a person or a company. Technological progress recently has led to the arrival of the printing services of high efficiency utilizing a combination of colors and party, not two, but many times to produce very attractive and visible results.
The cost is slightly greater than traditional print black and white, however the benefits are enormous, including:
Using a full color printing company to provide a reputable and professional. Very often, viewers tend to reject business cards or any other promotions that are boring or unattractive. Employing good quality printing can ensure that your business cards and brochures and leaflets to attract attention and let the viewer to see the details.
Using color enables effective use of graphics, images, logos, photos and even business card printing, brochures, flyers or any other communications equipment.
Combine with a variety of colors and shades of the wide selection of design and print business cards to address another audience and various purposes.
Can be achieved on any type of paper, and many other materials.
Types of Services
Full Color Printing Services offers a selection of printing techniques including off set printing, screen printing, digital printing, flexo and gravure. The cheapest approach to printing, this can be a point-to-color printing technique, with text and pictures will be printed in black ink, however with shades of color are printed with spot color inks.
Color printing process can be used to print the whole photo using translucent inks four colors: cyan, magenta, yellow and black (or CMYK).
A six-color printing process is the latest inside a list of the kind of printing offered by printing companies. The orange and green technology to the traditional CMYK for a larger version.
Color printing is a nice option but the fact also depends on the quality of printing derived. It depends on the color quality, the printing equipment and the type of paper that printers in Dorking are using. So in that case you are to contact a good printing company. Also the printers can help with the designing work. They can design the templates and Bouchers and can also print them on demand.
In the end there is an important consideration and that is for choosing the right kind of printers who can meet your printing requirements with no compromises to the quality of printing. You can simply look out for the printers in Crawley online since there are so many service providers available out there who can meet your printing needs. Choosing the right kind of professionals for the printing needs is essential. While you are having printing services costs can be a considerable factor of consideration. In that case you can discuss the pricing needs with the service providers so that you are having the best deals in the end.
An Effective Tool for Wedding Planners
Having the perfect wedding is every couple's dream; however it is the wedding planner's responsibility to make sure that dream becomes a reality. Only the people who are behind the scenes of the wedding realizes what a nightmare it is to make this dream possible. This is especially true in India, where each wedding is not just one function but several large-scale functions rolled into one. If one calculates the myriad details that one sole planner has to attend to, one will actually realize why people organizing a wedding are always tense or stressed out.
Wedding planners consist of not only professionals but also sometimes the soon to wedded couple themselves. And if they read this, they might be discouraged; however there is no reason to be. With the right help, and a systematic approach to organizing the functions can make sure that the special day remains special for all concerned. Because, this help and systematic approach can easily be taken from Shaadi-e-Khas!
Shaadi-e-khas, which literally translates to a special wedding can aid and help any wedding planner and make the entire process easier and manageable. Shaadi-e-Khas is a wedding planning software that has been designed and created seeing that planners across the globe were in need of such a utility. As of now, planners use many gadgets and gizmos in their line of work. However, there is not a single dedicated application or software that has all the utilities they may need. As a result of which, planners are stretched across many gadgets, giving them more things to manage and not lessening their burden!
This particular wedding planning software has all the elements that a planner might need to pull off a successful wedding. From sending invites to guests by e-mail to make sure you miss no one on the guest list, to managing their RSVPs, the software has it all. It can also keep track of any personal demands, any personal guest may have so that you can make all your guests as comfortable as possible.
It also has a very useful feature of sending reminders to you and anybody you are employing about the work that has to done based on the task list you have created. This frees you up from having to constantly needle and reprimand vendors and artists to do their work on time. It also recognizes importance of sticking to a budget by helping you track your expenditures.
As an added bonus, Shaadi-e-Khas also provides a dedicated wedsite for your wedding! This is a website created exclusively for the wedding at hand and can be used for multiple things. One can upload pictures, videos and any other information one may want. This can thus act as a common referring point for guests and family alike. The wedsite can later also serve as a place where one can refresh one's memory about this beautiful event!
To top it all, this all has to be done for not one function but for multiple functions that constitute a typical Indian shaadi! And if all of this has to be done in an Indian setting, it will mean having to deal with the rabid inefficiency of the numerous vendors to whom you might have outsourced certain jobs like catering, music etc. So you have to constantly be on top of their heads telling them what all has to be done while looking after all the tasks on your own job sheet too!
Performing a Employment Background Check for New York
Diverse criminal activities are now destroying the lives of many individuals in the society. Television news and daily reports from newspapers contain various types of heinous crimes that are now being committed. The sad truth is that these things are not done by strangers, but by people who are known or even close to the victims. Hence, it pays to be vigilant instead of just being spectators to your own life. For that, New York Criminal Records is the best tool for you.
No doubt, this account holds important information that will help you check on someone's background. If you feel uncomfortable toward a certain individual, then this will provide full protection for yourself and your loved ones. This certain file contains significant data such as the complete name of the concerned individual and the criminal offenses which are filed against him, if any.
As mandated by the laws of the State, the general public is allowed to view and use anyone's criminal record as well as their own file. You can even consent your lawyer to gather such document for you as long as a written authentication is presented. For a much easier criminal background check, the government has employed a third-party firm on December 15, 2009. It is known as L-1 Identity Solutions.
The first step that an applicant is required to do is to obtain that downloadable request form at the state's Criminal Justice website. Once acquired, it must be filled out with necessary details concerning your subject and your contact information. Residents of this particular State should then access the L-1's site online and set an appointment with the office. On the scheduled date, make sure to bring with you the request form, two forms of ID and the demanded fee, payable through cash, check or credit card.
Those individuals who are not from this State should ask for a card scan application packet at the record review unit. Apart from all the above mentioned requirements, you are also required to have your fingerprints taken. The L-1 Livescan Processing Unit is where all indicated prerequisites and payments should be submitted. Once done, you will then get the results within 7 -10 business days through mail.
It is not advisable for those people who want to obtain search results right there and then to turn to government agencies. This is because it normally takes much of your time following the standard operating procedure. Good thing, everyone can now gather Free Public Criminal Records anytime they want through the Internet. Various online commercial service providers offer reports that will be delivered to you in just a matter of minutes at a very affordable fee.
Things to Consider While Hiring SEO Experts
SEO services are basically organic adopted optimization techniques (on page and off page) and SEO strategies to rank higher in major search engines. One of the powerful SEO strategies is to implement the SEO driven content to maximize the website or webpage listing in the search engines. SEO experts are experienced in making your web design, web layout and web content search engine friendly, improve visibility and permanent backlinks building services to bring qualified traffic back to your website to boost sale.
1) Website optimization includes extensive analysis and research that help your website to be the top ruler in the niche.
2) Keyword search tool is used to search rich keywords that help in driving traffic to your website.
3) Visitors focus in getting led to the website is through keywords. Therefore, relevant and important keywords are one of the main sources in getting your website on the top positions.
4) Additionally with the extensive use of relevant keywords best SEO techniques are simultaneously adopted to complete the optimization task.
Therefore, as you can see that SEO services are a process, and hence it is so important that you choose the best SEO experts in the market who are knowledgeable and experienced in this field.
Things to Consider While Choosing Professional Search Engine Optimization Services:
Search Engine Optimization is a complex, tiring and time consuming process so you must take utmost care before hiring a suitable SEO service provider for your website. It is seen that there are many SEO companies that have come forward with lucrative and sometimes innovative approaches in attracting you as customers, but you shouldn't believe them simply on the basis of their claims but results. Likewise, it is also necessary to understand that you need an affordable website optimization packages along with full-fledged SEO activities so that the process doesn't burn a deep hole in your pocket.
Below is the list to identify the SEO experts who have expertise in these listed SEO activities:
• Social Bookmarking
• Article Submission
• Directory Submission
• RSS Submission
• Google Analytics Set Up
• Implemented Suggested SEO changes
• Blog Set Up
• Google Webmaster Set Up
• Forum/ Blog Linking if required
Additionally, knowing that your project is being handled by the industry's best experts could be a stress reliever and motivation to you as a customer.
How to Reach the Right SEO Destination?
How would you choose the best SEO experts in the industry? 80 percent of the answer is already been read by you. In addition to all the above, you need a company whose objective is to make your business visible on major search engines, fetch clients and boost your business. You need the assurance that your success is on the way, they need to treat your business as their own following the famous tripod model of content writing, SEO services and web designing. Believe it or not, apart from that there is no magic stick that can guarantee sustainable results.
In conclusion, a professional SEO company follows the three pillars strategy for permanent and long term results. This includes having a team of highly qualified and experienced content writers, web designers and developers. Secondly, keeping up-to-date information about the latest trends and development in Google, Yahoo, and Bing along with other major search engines. Lastly, without compromising creativity provides you with maximum ranking benefits.
We are a fast growing company that delivers result-oriented SEO services in Mumbai. Contact today for SEO consultation and customized services. Supramind, a professionally managed SEO agency in India, takes pride in providing customers with the most integrated technological competencies proved in link building services, web analytics and Search Engine Optimization.
Employment law, Absence and Performance Management
Employment law is changing almost constantly. Some changes will have no bearing on your business, but many will, and it is the company's responsibility to stay up to date rather than someone else's responsibility to keep them up to date.
Not keeping your eyes on changes to employment law can have huge effects from litigation to a company totally failing should they not adhere to a newly introduced law of some kind or another. So how do you ensure you are totally up to date with changes that may occur?
On average, an individual's sickness absence costs an employer £659 a year and is equivalent to 8.4 working days lost.
How absence costs a business:
Overtime to cover
Replacement temporary staff
Reduced / delayed production
Lower quality or levels of service
Customer dissatisfaction
Management time dealing with issues
Increased pressure on other employees
Low morale and general dissatisfaction
Deciding on action
Investigate the reasons for absence or lateness before deciding on any action. Is there a pattern or related problems – e.g. at home, at work place, with their health etc? Remember unauthorised absence is misconduct.
Managing short-term absence
Ensure the employee follows your company absence reporting procedures. Conduct 'Return to work' interviews for every absence, establish the reasons for the absence and any underlying causes. Agree an action plan, set a date for review and outline implications of failure to improve.
The importance of information
Keep accurate records of lateness and absence – it is about what you can prove, not what you think you know.
Legal requirements
It is potentially fair to dismiss someone for sickness absence. Case law distinguishes different approaches for short term 'persistent intermittent' sickness absence and long term sickness absence. However, beware of disability discrimination – an accusation of this is serious as potential damages at tribunal for discrimination are unlimited. Ensure that that your processes being applied equally, any disability is given due consideration and any religious requirements considered.
Seek expert advice from a specialized employment law consultant before dismissing an employee for sickness absence.
Why manage performance?
Because it makes financial sense! It can improve employee engagement, customer satisfaction, safety, and your business company reputation.
What if I don't ?
It can lead to poor morale, demotivated employees, reduced productivity, increased absence and staff turnover, and possibly expensive legal consequences.
Examples of poor performance
Not adhering to Company standards, policies or procedures, inaccuracy and lack of attention to detail, poor attitude towards management and colleagues, missing deadlines, lack of commitment, motivation and initiative.
Possible Causes
Not being shown correct procedures, lack of proper training, not knowing what's expected, working under unreasonable pressure, following someone else's bad example, personal problems.
Conducting a Performance Review
Prepare for the meeting. Specifically state the areas where the performance does not meet the required standard. Establish the reasons – discuss, listen, ask for ideas to solve the problem. Identify the next steps, agree an action plan and a review date. Then monitor and support the employee's progress.
Performance Management Skills
Performance management is easy to do badly – and done badly it can cause more damage to your business than if it is not done at all. Conversely, done well it can help transform a poorly performing workforce. If you're at all unsure, ensure you do it well by obtaining professional advice and training.
The above is intended to provide information of general interest about employment law but does not give legal advice. Seek advice from qualified employment law specialists.
South Carolina Criminal Law
Strom Law Firm LLC
Founded in 1996 by J. Preston "Pete" Strom, Jr, the previous U.S. Attorney for South Carolina and President with the South Carolina Association for Justice, the Strom Law Firm, LLC is a leader in resolving criminal, personal injury, workers' compensation and other complex legal difficulties. Mr. Strom has attained the highest rating achievable in the respected legal guide Martindale-Hubble, an AV-Rating.
Authoritative Legal Suggestions, Strategic Representation
Legal problems of any type may be daunting and complicated. Our dedication would be to present attentive legal services executed by experienced attorneys who give you self-assurance and power to resolve legal issues.
Our Geographical Locations
The Strom Law Firm represents clients all through South Carolina and Georgia in all varieties of criminal and civil issues. We also represent mass tort and class motion instances throughout the nation. To learn much more, get in touch with us at 803.252.4800 . Se habla español.
Understanding the Complete Impact of Personal Injuries
We understand that your personal injury situation is about a lot more than just an incident or bodily injury. It is about how the accident and resulting injuries have affected and will carry on to have an effect on your life. We are committed to securing honest compensation for those that happen to be injured or lost a loved 1 as a result of a severe accident or harm. Our personal injury firm consists of:
automobile accidents
defective medications
dangerous items
burn accidents or fatalities
premises liability
back and neck accidents
animal attacks
crime victim defense
traumatic brain accidents
wrongful death
IRS Tax Reduction
Arguing to Safe Your Social Security and Disability Advantages
Almost 80 to 90% of all social security and disability claims are routinely denied. Our attorneys can support fight to your benefits at every single step of the method. Our attorneys can support at each stage with the procedure, by:
submitting an application for rewards in your behalf
fighting denied benefits and submitting for any reconsideration
requesting a hearing right after a second denial
appealing a hearing result
filing suit in federal court
Criminal Defense by Strom Law Firm When your independence, financial survival and popularity are at stake, it is imperative to function having a criminal defense lawyer who knows how the program operates, understands what the prosecutor need to demonstrate to secure a conviction, and who is devoted to guarding your long term. Our criminal defense attorneys supply an aggressive criminal defense for federal criminal charges.
Our attorneys will start the procedure by submitting a claim in your behalf at no cost. In the event you need Social Security disability benefits (SSDI), you will probably need an experienced attorney to assist you acquire them.
At Strom Law Firm, LLC, our attorneys extensive legal solutions developed to protect your rights and your interests. Contact us today to arrange a no cost situation assessment.
Contact an attorney at the Strom Law Firm LLC for a totally free consultation to discuss your legal rights. 803.252.4800.
What you need to know about choosing your job?
There are so many fields that you can go in once you complete your college education. Some people might decide to go to the university while some others might choose to begin working. It's however advised to carry on your education as far as you can. There is some distance learning courses that you might consider if you need to improve yourself. The aim of this article is to offer you more info on the fields which exist and I hope that it'll be useful for you.
One of the most recommended fields is that of project management. Wherever you look there's always need for project manager and this will ensure you that you will get a job easily. You will find lots of training opportunities that exist for you to get trained. It will be thus feasible for you to become qualified within the field. People who may be interested to find out more on this topic can make a quick search for the phrase on the internet.
Another interesting career which you may consider is within the finance field. The finance sector is a truly dynamic one and will always be on the hunt for some fresh talents. Whether it's inside the stock exchange or fund administrators, you will have lots of opportunities to exhibit your skill. What will make a difference is that you are qualified and experienced inside the field. There are numerous places where you can get training in finance determined by your needs. You'll be forced to learn numerous financial terms such as in order to be effective in your work.
If you choose to enter the job market directly then it may be important that you acquire some training also. You will be able to keep current with the latest development and be ready to undertake new challenges. More than ever you can find lots of distance learning opportunities that may help you work and learn simultaneously. Those that understand French can have a look at this article on distance learning as it contains some helpful point.
When you're searching for career possibilities you'll certainly have a hard time choosing. Be it inside the financial sector or the management sector you will surely have a hard time choosing a job that suit you. The key here is to make sure that you're qualified and you are knowledgeable for the sector. However you need to stay in touch with the latest development inside the field if you wish to remain effective inside your job. I really hope you have enjoyed reading this article and you will utilize the tips provided in this article.
Ways to Negotiate Better Prices from Vendors
Every business owner wants to get better prices from their vendors, but few even realize that this is possible. They receive their invoice every month or week and pay the balance religiously. But there are plenty of suppliers out there, so why shouldn't you get a better price? Here are six ways you can angle for a better deal from a supplier you already like doing business with:
Just ask for it. You'll never get anything if you don't ask. If you've been with the vendor for a long time, they may ask you why you're looking for a better price, and if they do, there are probably numerous reasons you can come up with. When you are asking for a discount though, remember that you've got to be realistic about what you want. You'll face your supplier representative walking away if your offer is too ridiculous.
Show off the potential of your business. Many small business owners don't even realize that larger suppliers follow the 80/20 rule. They get about 80 percent of their business from just 20 percent of their clients. This means that if you can show them that your business has a great potential for speedy growth, then you are more likely to become a larger account for them. Just be professional with the representative you work with, pay your bill quickly and become the type of customer they love to do business with.
Get ready before you ask. It is very important that you prepare for that next meeting with your supplier's representative. You should have a good idea about exactly what you want and whether it is a reasonable expectation. Look at the prices they charge you currently and see what you need in terms of better pricing. Also spend some time doing some calculations to see how much you will really benefit from these better prices and whether there are any situations which might make it easier or better for you to deal with their higher prices.
Find out if the grass is really greener somewhere else. There are plenty of suppliers you can do business with, and in some cases you may find a better supplier than the one you currently have. Even if they don't offer you exactly the same products or services, they may have a substitute that is just as good as or even better than what you currently have.
Advertise the competition. When you do meet with your supplier's representative, let him or her know that you have checked out the competition and you know what's out there. If you've been offered a better deal, don't be afraid to let the person know that. Then just tell them that you want to give them the opportunity to do better because you have already been doing business with them for some time.
Look for value added benefits. Sometimes you might not be able to get lower prices out of your suppliers, but you may be able to get something else that will make your life a lot simpler. For example, they may be willing to hold stock for you so that you can get rapid delivery or let you extend your payment terms on them.
Of course at the end of the day, there is much more to choosing the right vendor than getting the best price. Level of service, delivery, and knowledgeable staff are also important components to consider, so be sure to look at the entire picture when deciding whether to continue with your current supplier or to look elsewhere.