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» Boies Schiller Still To Pay Large Bonuses by admin on April 8th, 2009

Monday is a good day at Boies, Schiller & Flexner this year. Unlike many other law firms like Cravath, Swaine & Moore and Simpson, Thacher & Bartlett, who have been adjusting their payouts to reflect the economy.

This is because the firm announced Monday it will be paying associates bonuses commensurate with last year’s largesse. Philip Korologos quotes Suertres Hearing “We haven’t changed our bonus system based on the economic situation,”. He would not comment on the range of bonuses but you can be sure there will be many that exceed the $100,000 marker….compared to a (comparatively) measley $32,500 topout at Cravath and Simpson this year.

This article first appeared on The Am Law Daily blog on AmericanLawyer.com.


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» Landlord and Tenant Law by admin on April 2nd, 2009

 

This article is presented to provide you with the basic information that you will need to understand landlord and tenant law. While this article is not intended to provide you with all of the information that you will need in regard to landlord and tenant law, it does provide you with the essential overview that you will need to have a decent appreciation of this area of the law.

 

As the home mortgage market in the United States has collapsed an ever increasing number of people –from all walks of life – have taken to renting their residences. Therefore, landlord and tenant law is now impacting more and more people on a daily basis. Indeed, this is a trend that is expected to carry forth apace into the future.

 

Most states in the U.S.A. have adopted what is known as the Uniform Residential Landlord and Tenant Act. This legislations sets forth the rights and obligations of both landlords and tenants. Perhaps the most important provisions that are included in this legal scheme are those associated with the eviction process.

 

The Uniform Residential Landlord and Tenant Act establishes the specific procedures that a landlord must follow in order to evict a tenant from the premises for one of two reasons: non-payment of rent or other violations of the lease agreement.

 

Pursuant to these legal provisions, a landlord must serve upon a tenant a proper notice advising the tenant that he or she has a specific period of time to pay the rent that is past due or to cure the alleged violation of the lease terms. In most states, the period of time that a tenant will have to pay the past due rent is 72 hours or 3 days. Similarly, the tenant will have the same or similar period of time to remedy any lease violation as well. In the alternative, the tenant needs to vacate or move from the property during this time period. If the tenant fails to make payment within this time period, or fails to remedy the lease violation, the landlord will then be entitled to repossession of the premises, of the property.

 

In many instances in order to get the tenant out of the property, a landlord will have to file an eviction action in the local court. Pursuant to the provisions of the law, the landlord must demonstrate that the tenant has failed to pay rent or that the tenant has violated another term of the lease. The landlord must demonstrate that proper notice to correct the problem was given to the tenant. If the landlord demonstrates these two issues, he or she will be granted an order giving the landlord possession of the property.

 

The tenant will be given a specific period of time (which varies from state to state … and even from court to court) to vacate the property. If the tenant does not leave the premises in this court ordered time period, the sheriff will remove the tenant from the property.

Posted in Landlord and Tenant Law | 1 Comment »

» Is Martial Law Possible in New York? by admin on March 30th, 2009

Martial Law in New York?

Proceeding the recent news that 2 NYPD officers were convicted of DWI’s New York residents are demanding corrective action be taken. This is not the first incident like this and the department is getting alot of pressure from the surrounding community. The topics range from Drunk Driving to Assault, and the public is not tolerating it any longer it seems.

Mayor Brian Stratton states he is looking at all options, including disbanding the police department.

“The public has had it up to here” he said in a Capital News 9 report.

The primary options being considered appear to be:

  1. Consolidate County Police Department
  2. Bring in State Police
  3. Disband Police Department

Each option requires a transitional phase and a need for a temporary policing entity until the full transition can take place. This means that without such an entity there would be no law enforcement which could have dire repercussions.

One possibility is for the Mayor to declare Martial Law and have the National Guard come in to police until the new entity can be established.

Mark Chaires the Schenectady Police Chief thinks that action seems extreme. In the interview he states when he thinks of martial law he thinks of street riots and he hasn’t seen anything to that level at this point. It may be extreme but the Mayor Stratton is not denying that martial law is a possiblity, but only as a “stop gap”. In other words the guard would come in just long enough to maintain order, to bridge the gap between the police department transition.

Interview Here:

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» New Texas Law Proactive Credit Report Freeze by admin on March 28th, 2009

New Texas law that allows better defense against identity theft.

The new law recently took effect that basically states that individuals have the right to have their credit report frozen without a police report. This is big news because if your credit report is frozen then a identity theif can’t take out a loan or get credit in your name because no one can check your credit history. This obviously makes getting a loan much more difficult and the likeliness that a thief can produce pay stubs for the past 6 months and meet all of  a lenders pre-requisites without a credit check… well it’s just much less likely to go through.

This new law is a big deal in my opinion because it is a more proactive approach to the identity theft problem. Before this law Texans had to actually already have been victimized to have their report frozen. To me that’s like saying you have to have your house burned to the ground to get fire hazard insurance, it just doesn’t make sense.

How Do I Freeze My Credit Report?

Step 1) Send request via certified mail to each of the three national credit bureaus. That would be:

  • Experian:
    • Experian Security Freeze, P.O. Box 9554, Allen, TX 75013.
    • Also include previous addresses for the past two years and $10.83 – the fee plus sales tax.
  • Equifax
    • CSC Credit Security Freeze, P.O. Box 674438, Houston, TX 77267-4438
    • Include the fee of $10.
  • TransUnion
    • TransUnion Fraud Victim Assistance Department, Box 6790, Fullerton, CA 92834.
    • There is a $10 fee.

Make sure to include the following:

  1. Social Security Number
  2. Full Name
  3. Birth Date
  4. Current Address
  5. Government issued identification card, such as a driver’s license, state or military ID card,
  6. Verification of Address such as a copy of a utility bill, bank or insurance statement
  7. Copy of police report if you are already a victim, this will prevent you from having to pay a fee unlike non-victims

We would love to hear what you think about this new law! Please leave your comments below.

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» Family Law – An Informational Overview by admin on January 26th, 2009

One of the most active areas of the law in the United States is classified as family law. Indeed, odds are strong that a person will become involved in one type of family law case or another at some juncture in his or her lifetime. Therefore, it is important for a person to have a basic understanding of family law. By way of this article you are provided an informational overview of family law in 21st century America.

At the outset it is important to understand that different jurisdictions define family law in different ways. In other words, certain jurisdictions include different types of court procedures, different types of cases within the overall umbrella of family law.

Generally speaking, the types of cases that can (in some instances) be included within the overall umbrella of family law might include: divorce cases, child custody cases, child support cases, parenting time cases, adoption cases, child in need of care cases and so forth. However, and again, it is important to understand that “family law” is a term of art with different meanings in different places.

You do need to keep in mind that there are specialists in the arena of family law. In fact, the reality is that there are attorneys that specialize in the various “sub-specialties” associated with family law. For example, a great many attorneys specialize in divorce law in this day and age.

Beyond attorneys specializing in various aspects of family law many jurisdictions actually set up specialized courts (or divisions within a court system) that is dedicated to dealing with family law related issues. Indeed, as is the case with members of the bar who practice in the family law arena, some jurisdictions actually establish specific courts (or judicial divisions) that address divorce or adoptions and so forth.

As mentioned previously in this article, you do need to appreciate that different jurisdictions do include different types of legal actions under the umbrella of family law. For example, while adoption cases in some jurisdictions are included with the arena of family law. However, in other jurisdictions adoptions are included within the province of the probate court or division. Therefore, if you have an issue relating to what you think is family law, you definitely want to make sure that you determine how the courts in your jurisdiction actually do handle the type of case that you think you are on the verge of becoming involved with at this point in time.

In considering family law more generally, and as was also alluded to previously in this informational article, divorce and divorce related cases really are the most common types of family law cases being pursued in this day and age. By way of example, in this day and age nearly one out of every two marriages end in divorce. Moreover, when a marriage does end in divorce, issues pertaining to divisions of assets and debts, issues relating to children born of the marriage and so forth take up a great deal of a family court’s time across the country.

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» Immigration Law Trends and Developments by admin on January 26th, 2009

In this day and age one of the most contentious areas of the law involves immigration issues. Through this article you are provided with an overview of trends and developments relating to immigration law at this juncture in time.

The most significant arena in which immigration law trends and developments needs to be considered involves the number of men, women and children who currently are in the United States illegally. While no one really knows for certain, it is estimated that there are at least 12,000,000 people in the United States illegally at this point in time. A considerable percentage of this number of people originally hail from Mexico. However, it is important to keep in mind that there are a considerable number of illegal immigrants within the U.S.A. from other countries as well.

Historically, this is not the first time in the history of the U.S.A. that immigration issues have been on the forefront of the minds of people across the country. However, with that said, the present situation does involve a larger number of illegal immigrants than were under consideration in the past. For example, in the 1980s during the Administration of Ronald Reagan an issue involving immigration law arose involving 3,000,000 illegal immigrants that were said to be living in the country. The Reagan Administration essentially granted to these immigrants amnesty which allowed them to take a course through which they could become legal citizens of the United States.

The debate over how to best handle the 12,000,000 plus illegal immigrants is contentious at this juncture in time. In point of fact, despite this debate being ongoing for a significant period of time, no definitive solution has been reached.

One part of the debate involves the reality that these people in the country illegally are playing a role in the economy of the United States. Business owners have expressed concern that forcing these individuals to leave the country very well could have a significant impact on the economy of the country. This has become a particularly significant serious consideration considering the other problems facing the economy in the United States at this juncture in time.

Another concern that people express when it comes to illegal immigrants in the United States centers on the prospect that some of these individuals in the country illegal could be intent upon doing harm to the country and its people. Terrorism is a major concern in this day and age and it does impact the debate over illegal immigrants.

If you are an individual who has an issue in regard to his or her status in the United States, you do need to understand that there is a growing segment of the bar that is dedicating its practice to immigration law. Therefore, if you are facing the prospect of having to deal with the legality of your own status in the United States – or that of a family member – you will want to engage the services of a skilled and educated lawyer who practices in the area of immigration law to ensure that your own interests are protected today and into the future.

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» Government Contracts and Claims by admin on January 26th, 2009

While presented together in this article, government contracts and government claims actually represent two separate areas of the law. Of course, in some – but not all – instances government claims actually arise out of government contracts.

In any event, this informational article is presented to provide you an informational overview of government contracts and claims. With this information, you will have a primer that will be of assistance to you if you elect to do business with a governmental entity or if you have a claim arising out of some sort of interaction with an agency of the government on the local, state or national level.

Generally speaking, if a person of business desires to obtain a government contract a number of factors must be taken into consideration. Chief amongst them is the fact that a business seeking a government contract must be capable and willing to satisfy a slew of regulations that will be associated with not only a particular government contract itself but with the contracting process. On some level, an argument can be made that when it comes to government contracts form sometimes can trump substance. Of course, this is not entirely true – but you must understand the importance of adhering to the form and procedure that a particular governmental agency has established if you want to have any success at gaining a government contract.

Speaking of form and procedure, if you perceive that you have a claim against a governmental agency, form and procedure yet again plays a very significant role. This is the case no matter what type of claim you would like to make against a governmental agency. The bottom line is that if you do not follow to the letter the procedure – and use the proper forms, if indicated – associated with making a claim against a governmental agency you will find that your claim will be permanently and completely denied before you even really get started.

The bottom line is that unless you have specific experience in seeking a governmental contract with a specific agency (which you may) or unless you have specific experience making a claim with a specific governmental agency (which you likely do not) you most definitely will want to seek legal representation. The reality is that there simply is too much at risk if you do not seek and obtain appropriate legal representation in these areas.

There are attorneys in business today that practice in both the areas of government contract as well as in making claims to the government both for claims arising out of contract issues as well as claims arising out of negligence or injury or some other type of damage. You do want to make sure that you take the time to examine what your specific needs are. Then you do want to take the time to compare different attorneys that are in business today to find one that will best be able to meet your needs, goals and objectives when it comes to government contracts or claims.

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» Franchise and Licensing Law by admin on January 26th, 2009

In the United States, as well as in some other countries around the world, franchise and licensing law is a very important component of the overall business law system. Indeed, many businesses in the U.S. are organized under a franchise system.

If you are interested in owning your own business you will want to at least have a basic understanding of franchise and licensing law. Through this article you are presented with a basic introduction to franchise and licensing law. With this information in hand you will be in the best possible position to ascertain whether or not owning a franchise makes sense for you when it comes to your own goal of operating a business.

At the essence of franchise and licensing law is a system through which a person like yourself can by the rights to operate a business enterprise. Perhaps the most successful and significant example of a franchise system is that of McDonald’s restaurants. People throughout the world have obtain franchises and licenses to operate McDonald’s restaurants in local communities.

In simple terms, a franchise system involves a company that actually owns the franchise concept itself. (Going back to the fast food example, the McDonald’s Corporation owns the rights to sell specific franchises to individuals and companies that are interested in owning and running a McDonald’s restaurant,)

A person or company interested in owning a franchise makes application to the corporation seeking to become a franchise holder. If the franchiser approves the application, the individual or company will be granted a franchise license.

There are a variety of specifically mandated legal disclosures that are associated with a franchise. Therefore, it is imperative that the license holder provide these disclosure and it is vital that a person seeking to own a franchise closely review these disclosures. (As will be discussed shortly in this article, obtaining legal advice throughout this process is crucial.)

Through this license, the franchisee will be able to operate a franchise store or business for a specified period of time. The franchisee will be able to obtain a variety of benefits from the franchiser, including the reputation of the license holder itself. Moreover, typically the license holder will provide different types of support services to the franchisee – including product and advertising. (You do need to keep in mind that what is provided by the license holder varies from franchise to franchise.)

If you are interested in either purchasing a franchise or setting up a company that offers franchises, it is crucial that you obtain legal advice. The franchise game is not an easy one. Therefore, you need to make certain that you obtain appropriate legal advice throughout the process of either starting a company that will offer franchises or throughout the process of buying a franchise that you do hope to operate into the future. There are attorneys that specialize in franchising and franchises. You definitely will want to make certain that you engage such a specialist. tnomeralc web design toys

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» Environmental Law and Natural Resources: Current Trends and Developments by admin on January 26th, 2009

One of the most active areas of the law in the United States of America involves and centers around environmental law and natural resources. Through this article you are presented with an over view of current trends and developments that are associated with environmental law and natural resources in this day and age. Armed with this overview you will be in the best possible position to better understand environmental law and natural resources and the trends that are associated with this area of the law in the U.S.A

In the United States, there appears to be what many consider to be an inherent conflict between environmental law and the exploration for and development of natural resources. On the one hand, there is a significant segment of the population that is calling for sharp restrictions in regard to certain the exploration for and development of certain types of natural resources. On the other hand, there are other individuals that maintain that certain restrictions that have been placed on exploration and development have had a harmful impact on our economy. In the end, the interrelationship between environmental law and natural resources really does involve a significant balancing act – perhaps not all that different than what Solomon faced when he sat in judgment.

Beyond balancing environmental concerns with exploration for and development of natural resources, environmental law is also heavily involved in allocating assets. In other words, environmental law works to develop a meaningful and fair system through which natural resources will be allocated.

Oil and gas provides a meaningful and useful example in this regard. Obviously, oil and gas is located underground. In nearly every case, an oil or gas field will be found underground, under property that is owned by different individuals of entities. Therefore, environmental law and natural resources requires that a fair system be developed to allocate the resources between the individuals who are the property owners.

On another level, environmental law and natural resources has also focused on conservation in recent years. Because carbon based fuels remain the primary energy source the world over at this point in time, and because carbon based fuels are limited in their supply, a great deal of effort is being paid to developing ways through which these types of energy resources can be conserved.

By way of example, most countries around the world have enacted laws concerning fuel efficiency of motor vehicles. Of course there are some countries that have been more proactive in this regard than have others. However, there is at least some recognition all around the conservation of carbon based natural resources is crucial as the supplies of these energy resources continue to be utilized at a very fast pace.

Finally, you do need to keep in mind that there are attorneys in the United States who now specialize specifically in different aspects of environmental law and natural resources. Therefore, if you ever find yourself facing an issue in this arena, you definitely will want to engage the services of such a specialist.

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» Election Law: Trends and Developments by admin on January 26th, 2009

Unless you have been living in a cave in some far off land the past decade you are at least somewhat aware that election law has become a major issue in many instances across the country. Through this article you are provided an essential overview of election law in the United States in the 21st century.

A great deal of the activity surrounding changes and alterations to election law across the United States stems from the 2000 Presidential election recount – and its aftermath – in the State of Florida. The problems experienced in Florida turned out to be similar to the problems that some jurisdictions were experiencing (and continue to experience) albeit on a smaller and less publicized scale.

As a result of the problems arising out of elections, there has been a whole new generation of attorneys who specialize in election law coming into practice. These lawyers really are finding that they can keep well occupied dealing with election law issues not only during and in the aftermath of elections but literally every year throughout the year.

One area of election law that has been very active in recent years involves ballot access. By this it is meant an active are of election law over the course of the past decade – in point of fact for generations – is ballot access. Ballot access involves making sure that all qualified voters have an appropriate ability to access voting in a reasonable manner.

The fact is that from time to time even in this day and age groups of people in different locations across the country have had problems and issues with ballot access. This includes everything from being physically prevented from voting to being forced to use a ballot or voting system that is not easily utilized.

Another area of election law in which there has been a great deal of activity in recent years – and which has garnered a great deal of media attention – involved the methodology involved in the counting of ballots. Of course, the prime example of issues that have arisen when it comes to the counting of ballots is the 2000 Presidential election in the State of Florida.

Although the 2000 Presidential election in the State of Florida gained international media attention, the fact is that significant recount issues are arising each and every election cycle. For example, in the 2008 national election, a major recount issue arose in the State of Minnesota involving the race for the United States Senate.

A side issue relating to the counting of ballots in elections is the type of equipment that is being used to record those votes. There have been numerous lawsuits filed in recent years centering on voting equipment and its functionality. It seems that the more high-tech the voting equipment the more lawsuits are filed. (The fact is that there has been a notable failure rate when it comes to voting equipment over the course of the past decade and as voting equipment has become more high-tech.

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