December 30, 2010 in Business News, Environment by jferris

Water May Be Everywhere At Work But Not Fit To Drink Indicates H2o Labs

Many businesses these days have water coolers or drinking stations on hand. The water in those stations and coolers may be contaminated.

“It’s rather ironic that in the desire to avoid drinking contaminated tap water, we are OK with drinking water out of a drinking station or cooler at work. Unfortunately, most often, the water in those bottles is just tap water, which rather defeats the purpose of trying to drink healthy water,” said Larry Wardell, who writes for H2olabs.com, a provider of water distiller systems that provide truly pure distilled water.

It’s been proven over the years that bottled water, and water in a cooler or drinking station that is also bottled, is not all it’s cracked up to be. This is largely because there is really no contamination regulation in the industry, and while some filtering may have been done, by and large what’s in the bottle isn’t good news and is just as contaminated as the water at home that comes out of the tap. For those that happen to use water distillers at home, this isn’t a problem, but if there is no water distillation system at work, it’s likely safer to stick to what water is brought from home.

Unfortunately, the water at work may sit there for days on end; the bottle may not be cleaned out properly or replaced very often. If tap water is being used it is full of harmful bacteria, chemicals and metals. In fact, there are over 2,100 known toxic contaminants in the drinking water at home and in that bottle at work.

Throw the fact that the bottles at drinking stations are made of polycarbonate, which, when exposed to direct sunlight, can dissolve a chemical called bisphenol-A into the water. This is a chemical that is definitely associated with cancer. It is likely best to take water to work that was produced by water distillers. That way, there is no doubt the water is safe, fresh and clean and does not have any contaminants floating around in it.

To learn more, visit http://www.h2olabs.com.

December 30, 2010 in Business, Legal Articles by jferris

How To Sell A Screenplay in Hollywood

It may have been tweaked a thousand times. Labored over for several years. And had heart and soul poured into it.

Every screenplay writer’s dream is to have his or her screenplay sold and end up on the silver screen. Getting Hollywood to bite and then knowing how to legally protect one’s creation are two important considerations.

Protecting the Intellectual Property

It is important to copyright the finished screenplay. While it is unlikely an agent or studio would steal from a script and risk litigation, the possibility does exist. A little bit of extra effort can prevent this unfortunate event from occurring.

There are two popular methods for copyrighting screenplays. One is to go through the Library of Congress. Legally, it is necessary to register a work in order to be successful in court.

The other option is to go through the Writers Guild. The Writers Guild is a writer’s union, though it is not necessary to be a member to have a script copyrighted. It is worth noting that this route can be relatively useless if the party ever winds up in litigation. Only a federally registered copyright with the U.S. Copyright Office will gain admission into federal court.

Selling The Script

Sometimes screenwriters use agents to sell or option their scripts, and sometimes they do not. Either way, here are the two kinds of common deals.

Sales: This is when a script is purchased outright by the producer. Sometimes there is a flat-fee provided upfront and other times an additional amount of money is offered if and when the film is actually completed. There are even some experienced screenwriters who can negotiate for residuals from such revenues as those generated from DVD sales.

Option: This is when the script is essentially rented for a certain time period. The producer retains the exclusive rights to the story and can then either relinquish the rights to the script or purchase it outright.

Negotiations

The compensation received for optioning or selling a script can vary greatly, depending on how well-known the script writer is, the quality of the story and how good of a negotiator the writer’s team is.

If an agent is used, there may be an entertainment attorney who can look over the legal issues in the contract. If no agent is used, it is best to hire an entertainment lawyer who can make sure one’s best interests are being looked after in the deal.

While selling a script can be a thrilling experience, it is important to make sure that one receives the most beneficial terms possible.

Anthony Spotora is a Los Angeles entertainment lawyer and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

December 30, 2010 in Family Law, Legal Articles by jferris

The Fine Details of a Postnuptial Agreement

Most people have heard of prenuptial agreements where a couple has certain conditions spelled out before they get married in likelihood of a divorce. Usually, a discussion about a possible divorce down the road is something most engaged couples do not even want to consider, but it perhaps is the wisest choice, especially if one of them is bringing more income and assets into the relationship, or other unique situations.

But the often overlooked post-relationship insurance (insurance to protect assets and interests) is also a postnuptial agreement – a written contract put into stone after the couple is married – and have all the contractual law elements with five additional requirements: 1) the agreement must be written 2) must be voluntarily executed 3) must have full and fair disclosure 4) must be unconscionable (not exclusively unfair to one party) and 5) must be executed by both parties before a notary public.

Postnuptials didn’t come into play until after the 1970s as a result of the number of no-fault divorces upon the crest of legislative and statutory changes that led the American legal system to begin accepting postnuptial agreements.

Typically, there are three types of postnuptial agreements: 1) an agreement of a division of property when one spouse dies; i.e., the surviving spouse can waive certain inheritances, for example; 2) a separation agreement, usually an agreement that can minimize the time and cost of a divorce because division of property, custody or alimony has already been determined at time of separation; 3) one that affects the right of future divorce, limiting or waiving custody, division of property, etc.

California validates postnuptial agreements per California Family Code Part 5, Chapter 1, §1500 which reads: “The property rights of husband and wife prescribed by statute may be altered by a premarital agreement or other marital property agreement.” Also, §1502 says that such agreements are to be “executed and acknowledged or proved in the manner that a grant of real property is required to be executed and acknowledged.”

Postnups can be used in creative ways. Sometimes they can also save a marriage, particularly ones that are struggling financially. A couple with different money styles can breathe easier knowing that their assets are on the table and dealt with in the advent of divorce.

An experienced family law office can help you guide you through the postnuptial process.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange Country divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

December 29, 2010 in Business, Legal Articles by jferris

Practicing and Training the Golden Rule Can Prevent Discrimination Suits

It is common sense that if supervisors treat employees with the same respect they would like to receive, the company will not likely face discrimination suits. Supervisors who are not sensitive to an employee’s age, national origin, physical disabilities, sex, race or national origin are likely going to pay in the long run. Therefore, clearly setting forth a well-defined job description is a good approach.

Unfortunately, common sense will only go so far and supervisors may not always use it. It is a good idea to have an anti-discrimination policy in place and make sure managers and employees are trained to know what is expected and what should be done if discrimination is encountered.

It is almost imperative that, as a business owner, you should get the message out that discrimination will not be tolerated by anyone in your organization. One of the best ways to “get the message out” is to have a well-written anti-discrimination policy that outlines what is expected. Your policies should also identify to whom complaints of discrimination should be made, and all managers should be trained on what to do if they receive a complaint.

It is especially important to train your decision-makers. Supervisors and managers should be trained to identify and understand discrimination in its many forms, such as claims based on disability, gender, age or other protected status. Supervisors should be made to understand that it is important to document events and carefully maintain that documentation. If a situation appears serious, you may want to consult counsel.

It is also important to train managers about making personnel decisions. A poorly planned and poorly documented job termination or hiring is sometimes an invitation to a charge of discrimination. Therefore, documenting everything is also imperative, including things such as an employee’s work performances. All documentation should be based on facts and should be done in a timely and pertinent manner.

An ounce of prevention is worth a pound of cure. If you want to take proactive steps to avoid discrimination suits, consider hiring an experienced attorney to assist you with your antidiscrimination policies and employee training.

Gregory D. Jordan is an Austin business attorney, Austin employment lawyer, and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

December 29, 2010 in Health Insurance, Insurance Articles by jferris

Survey Shows Group Health Insurance Is Good Incentive For Employers Says Grouphealthflorida

Despite impending changes under the nation’s new health care reform rules, many employers don’t plan on ceasing to offer group health care coverage to employees.

So says a recent survey from the consulting firm Mercer.

The survey polled more than 2,800 employers and found that the majority of participants said it was “not likely” they would stop offering health insurance when state-run insurance exchanges become operation in 2014 under the new reform rules, according to Mercer. Under the new rules, employers are being encouraged to continue offering coverage, but, come 2014, they could pay a penalty if they do not. The penalty may end up being less than what they currently spend on benefits.

What do these findings mean?

“After all, all businesses should consider providing group health insurance. It is a good incentive that will attract and retain high-quality workers,” said Thomas Kaspar of Grouphealthflorida.com. “It can add peace of mind, while providing group purchasing power that can save individuals a large amount of money in the event of an unforeseen accident or illness. Studies repeatedly show that it is among the top factors for workers considering potential employers.”

According to Mercer, the responses had variations when it came to the size of employer. Six percent of employers with 500 or more employees said they will likely terminate health plans and have employees seek coverage in the individual market after 2014, while 3 percent of employers with 10,000 or more employees provided the same response, according to Mercer.

But the results were less dramatic with the smallest employers. Some 20 percent of employers with 10 to 499 employees said they would likely terminate their health plans.

Here’s what Mercer said about the findings in a news release: “Employers are reluctant to lose control over a key employee benefit,” said Tracy Watts, a Partner in Mercer’s Washington, DC, office. “But beyond that, once you consider the penalty, the loss of tax savings and grossing up employee income so they can purchase comparable coverage through an exchange, for many employers dropping coverage may not equate to savings.”

To learn more visit: http://www.grouphealthflorida.com

December 29, 2010 in Business, Legal Articles by jferris

Opting For A Private Jet May Be Wise As Airport Security Lines Grow

These days, lines seem longer than ever at the airport security gate. And when it comes to flying on public flights, there are also lengthy flight delays and rerouting to worry about it.

As a business, sometimes it makes more sense to purchase or lease a private jet if sending numerous employees on regular business trips is the norm. It can bring fewer headaches, greater flexibility with flying schedules, greater confidentiality and the ability to use a wider variety of airports.

Some things to consider:

-Get a good consultant. An experienced aircraft broker or consultant should have a thorough understanding of what types of aircraft are currently on the market and offer advice on what prices are fair and reasonable. Additionally, they should be able to discuss which types are best suited for one’s particular purposes. For example, the operating cost per hour of an aircraft varies dramatically depending on the size and model.

An experienced broker or consultant will be able to monitor the pre-purchase inspection component of the sale to make sure that one’s best interests are being represented. Without a broker or consultant present certain repairs may be deemed recommended as opposed to mandatory.

-The costs. The price of incorporating an aircraft into a company’s business does not end with the purchase. It is vital to budget for the cost of operating and maintaining the aircraft. This includes storage fees, monthly subscription services such as GPS approach-plate and weather information, sales and use tax requirements, fuel and its price volatility, regular maintenance costs, and reserves for possible repairs.

-Financing options. Same as with any other major purchase, acquiring an aircraft usually involves securing a loan. The financing of an airplane, whether for business or personal needs, is a complicated process, with many different options and lending terms to consider.

Most fixed rate loans for airplanes range anywhere from 10 to 25 years, though shorter loan periods can also be found. And as with other loans, there are fixed rate and adjustable rate options.

If considering the purchase of a private aircraft for business purposes, it is important to speak with an experienced attorney and financial expert to discuss the various options and financial considerations.

Stewart H. Lapayowker, P.A. is an href="http://www.businessaviationcounsel.com">aviation attorney and aviation transaction lawyer, focusing on airplane and jet transactions. To learn more, visit Businessaviationcounsel.com.

December 29, 2010 in Business, Legal Articles by jferris

Texas Wrongful Termination Verdicts are Mostly Retaliation Cases

More than half of retaliation cases consist mostly of Texas wrongful termination verdicts. A total of 63 percent of retaliation cases were filed by employees who alleged they were fired for filing workers compensation claims after being injured on the job. This has forced legislature changes. Therefore, bills are currently pending in both Senate and Assembly that could change Texas laws about wrongful termination.

Concerns of the unpredictable nature of wrongful termination claims and their increasing numbers will affect the state’s economy. The new bills intend to limit the amount of damages. They will also eliminate the cause of action for breach of contract to have it based on written employment policy in hopes of substantially reducing the volume of wrongful termination lawsuits.

However, discrimination cases will be affected if plaintiffs are required to sue under existing statutes when there is an available statutory remedy. It would force plaintiffs to sue under existing civil rights statutes, rather than the common law of wrongful termination.

Of course, termination should not be based on age, race, sex, religion, disability, pregnancy and national origin and should not use these characteristics with regard to promotions, assignments, termination and wages. It is also illegal to fire an employee for refusing to break a law, for filing worker’s compensation or discrimination claims, for following the company’s own stated policy, or in cases where it a contract states that the employer will implicitly not fire without cause.

Employers have been exposed to wrongful termination litigation from employees who have been with their company for some time. The median length of an employee’s employment when filing discrimination or retaliation cases is about seven years. Liability is lower with new employees.

It is important to note that there are things that employees can do to cover themselves in case of retaliation or wrongful termination. Documenting everything and keeping good records will help. Also, employees should take the proper channels and follow their chains of command to report incidents. They should also visit their local U.S. Equal Employment Opportunity Commission office. However, keep in mind that the EEOC and Human Resources is not the end all, be all, so contacting a qualified and experienced attorney would be the best bet to help one get the relief and compensation due for wrongful termination.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

December 28, 2010 in Business, Legal Articles by jferris

Multibillion Dollar Patent Infringement Judgment Under Attack

In June 2009, a federal jury in Marshall, Texas, found that Abbot Laboratories infringed a patent jointly issued to Johnson & Johnson’s Centocor unit and New York University.

Robert Wood Johnson, a New England druggist, went in business with his brothers, James Wood Johnson and Edward Mead Johnson. They began making medical dressings in 1886 in New Brunswick, New Jersey. Today, Johnson & Johnson is internationally known to be one of the largest and the most diversified health care firms. They operate in three business segments: pharmaceuticals, medical diagnostics and devices, as well as the consumer business segment.

The jury found that Abbott Laboratories owed Johnson & Johnson $504 million in patent royalties based on the sales of Abbott’s Humira arthritis drug and an additional $1.17 billion for decreased sales of Johnson & Johnson’s competing treatments. An additional $175.6 million was later added by the trial judge for interest, bringing the total judgment to $1.84 billion.

In early November, Abbott’s lawyers appeared in the Court of Appeals for the Federal Circuit to argue that the judgment should be overturned, at least on the basis that the underlying patent issued to New York University and Johnson & Johnson’s Centocor unit is invalid. Abbott’s contention is in part that Johnson & Johnson’s patent doesn’t cover the human antibodies used in Humira and that it is invalid because scientists in 1994 (the date set as the time of invention by the court) could not make fully human antibodies in a laboratory against TNF, supporting the argument that no one could claim an invention because no one knew it even existed. (TNF is the abbreviation for Tumor Necrosis Factor and it has been found that too much TNF in the body causes the immune system to attack healthy tissue that leads to inflammation. Humira blocks action of TNF, which causes the inflammation.)

While the size of the judgment in the Abbott case is unusual, Abbott’s defense is not. Whether a patent infringement verdict is worth $1 million or $100 million, defendants in patent infringement cases will almost always attack the validity of the plaintiff’s underlying patent. Whether Abbot will succeed is something we will likely not know for some time.

Gregory D. Jordan is an Austin business attorney, Austin employment lawyer, and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

December 28, 2010 in Family Law, Legal Articles by jferris

How Alimony is Determined in the State of Florida

Once two people decide to get a divorce and legally part ways, they will begin to ask themselves many questions before the actual divorce proceedings get underway.

Among the most common is: How will alimony be determined?

Also known as spousal support, alimony is an obligation of one party to provide financial support to the other party after divorce has been finalized. A host of alimony types are permitted under Florida statute: temporary, transitional, bridge the gap, lump sum, rehabilitative, and permanent.

Who is entitled to what can depend on many factors. According to F.S. 61.08, they may include:

-The standard of living established during the marriage.

-The duration of the marriage.

-The age and the physical and emotional condition of each party.

-The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

-The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

-The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

-The responsibilities each party will have with regard to any minor children they have in common.

-The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

-All sources of income available to either party, including income available to either party through investments of any asset held by that party.

-Any other factor necessary to do equity and justice between the parties.

But once a divorce decree has been determined, it is also possible for alimony payments to be modified later on if certain circumstances change. For example, recent changes in Florida law now state that alimony can be reduced or terminated if a former spouse is living with someone as though they are married.

Alimony is only one factor that courts and divorce attorneys consider when determining a divorce settlement. It is of course, however, a very important factor.

Whether someone is potentially receiving or potentially paying alimony, it is important to contact an experienced attorney who can fight for his or her client’s best interests.

Raleigh “Lee” Greene is an attorney that focuses on complex divorce cases. To contact a St. Petersburg divorce lawyer, Clearwater divorce attorney, or Tampa divorce lawyer, visit Tampabaydivorcefirm.com or call (727) 821-2900.

December 28, 2010 in Family Law, Legal Articles by jferris

Explaining The Division of Property During Divorce

Among the many things that will be discussed during divorce proceedings is the division of property.

Which properties will be eligible? And who is entitled to what?

When undergoing divorce proceedings, the court will first determine what is nonmarital property and what is marital property. Nonmarital property generally is property that one spouse acquired before becoming married.

After that, the court must identify and value the marital property, which includes all of the assets and liabilities that are not characterized as nonmarital.

Here in the Sunshine State, marital property is generally distributed equally regardless of income or who made the investment in the asset or debt. However, that rule does not apply if there is significant justification for not distributing property equally. Florida statute says such factors are to be considered:

-The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.

-The economic circumstances of the parties.

-The duration of the marriage.

-Any interruption of personal careers or educational opportunities of either party.

-The contribution of one spouse to the personal career or educational opportunity of the other spouse.

-The desirability of retaining any asset, including an interest in a business, corporation, or professional practice, intact and free from any claim or interference by the other party.

-The contribution of each spouse to the acquisition, enhancement, and production of income or the improvement of, or the incurring of liabilities to, both the marital assets and the nonmarital assets of the parties.

-The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction. In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.

-The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

-Any other factors necessary to do equity and justice between the parties.

If considering divorce, it is important to speak with an experienced attorney who can answer all relevant questions, including those about the distribution of property.

Raleigh “Lee” Greene is an attorney that focuses on complex divorce cases. To contact a St. Petersburg divorce lawyer, Clearwater divorce attorney, or Tampa divorce lawyer, visit Tampabaydivorcefirm.com or call (727) 821-2900.