May 18, 2010 in Business, Legal Articles by admin

AARP Supports Cuts in Senior Health Care Insurance

The AARP insists the $460 billion in health care cuts aren’t really cuts, but savings for improving health care delivery, getting rid of waste and other system inefficiencies, and also getting a firm grip on fraud and health care abuse. How non-partisan is the AARP when it is actually a Medicare supplement insurance company that would stand to make money with massive Medicare cuts?

No matter what, seniors still need to know what is available for them with regard to Medicare. There are many significant changes coming in 2010 and now is the time to check out what those changes will be.

Don’t wait until the open enrollment period ends at the end of the month. Act now to find out how the new changes will affect your health insurance coverage.

To learn more, visit Gomedigap.com.

May 18, 2010 in Business, Legal Articles by admin

AARP Surprisingly Backs Significant Cuts to Health Care Insurance

AARP has been seen inside the vaunted halls of the Administration taking an active role in helping to pass the up and coming health care legislation. It didn’t seem to matter what side needed the help, they were there working to make it happen – period. Then along came the shocking announcement that they were backing the enormous cuts to senior’s health care. Those cuts will amount to $460 billion and that is not peanuts.

There are over 40 million senior AARP members, and that includes all 50 states. Furthermore, one of the major claims this organization makes is that they are a non-partisan (and non-profit) group working to help those over 50 years of age improve the quality of their lives. It defies the imagination to wonder how $460 billion in cuts to health care is going to improve the lives of seniors.

To learn more, visit Gomedigap.com.

May 13, 2010 in Business, Legal Articles by jferris

Piracy of a Different Sort – Highjacking Fashion

The Design Piracy Prohibition Act stalled in Congress over the last few years. While it’s been around in various forms since 1957, it’s never really seen the light of day.

The whole point of this Act, should it get passed, is to extend intellectual property rights and concepts and related litigation to the world of fashion and design. The Act has been kicking around for some time, but because it evidently has some teeth, it’s been viewed as being controversial and thus put on the back burner, until now.

The latest attempt to stop knock-offs, the stalled Design Piracy Prohibition Act, aims to provide sui generis protection to fashion designers for a period of three years. Sui generis is a Latin expression, meaning of its own kind or unique in its characteristics. Design piracy legislation is already in place in Japan, India and Europe.

The Act would extend protection to “the appearance as a whole of an article of apparel, including its ornamentation,” with ‘apparel’ defined to include men’s, women’s, or children’s clothing, including undergarments, outerwear, gloves, footwear, and headgear; handbags, purses, and tote bags; belts, and eyeglass frames. To get the protection for three years, a designer would have to register with the US Copyright Office within three months of going public with a design.

“Fashion piracy and knock-offs are extremely unfair and economically hurtful for emerging designers. This is because many may see their designs knocked off before their own creations get to stores. While there needs to be a way to stop this, I worry that the legislative approach may have some unintended consequences,” said David Alden Erikson, a Los Angeles fashion law attorney.

With the advent of more and more knock-offs and rip-offs of aspiring designer’s creations, and the subsequent more frequent legal battles this has engendered, this issue has come to the forefront once again. While the general public doesn’t think much about it, other than what they are ultimately paying for an item, designers are quite fed up with being knocked off. It costs them money and prestige.

Currently, fashion only has the protection of copyright if its shape is non-functional enough to be classified as a creative sculpture; or that a design, pattern, or image on the clothes qualifies as pictorial/graphic. The law does offer some protection against counterfeiters, but this only if the trademark defense is used and not when a knock-off is copied under a different label. There is also patent protection of sorts available that only applies to an ornamental design that is new, original and not obvious. The definition for new, original and non-obvious is pretty tough to pin down.

The prevailing opinion is that the “new” law would have the right kind of impact and clout, plus have the potential to drive many small fabric and apparel companies out of business because they don’t have the money to hire a lawyer and fight the bigger firms knocking off their creations. As with many things when it comes to infringement and how to stop it, there are pros and cons, each with valid arguments, but no middle of the road compromise seemingly ready and waiting in the wings. Typically, that would then leave the courts as the referees.

“This is one of the things that worries me,” outlined Erikson, “as this new Act may do little more than create a cottage industry for fashion lawyers who would work on (patent) registrations and on the possible flood of litigation over what counts as original and who started a trend,” he added. This sounds a little like the sitcom, Desperate Housewives – lots of fighting and very little gets resolved, unless revenge counts.

In one corner is the Council of Fashion Designers of America, the face of big-name fashion, and they want the Act to pass. In the other corner is the American Apparel and Footwear Association who isn’t thrilled with the idea, as they feel it will lead to never ending lawsuits between legitimate companies. “Will it come to pass? No one is certain, but there is certainly a lot of lobbying going on to push the Act back into the limelight and make sure it does see the light of day this time,” Erikson commented.

To learn more about David Alden Erikson, Attorney at Law, visit “http://www.daviderikson.com” .

May 13, 2010 in Business, Legal Articles by jferris

Protecting Company Secrets

Protecting company secrets is a big business these days. Those who sell secrets may be in hot water legally.

“There likely isn’t one business or industry that doesn’t have secrets about how they do business and about their products that they don’t want spread all over the place. After all if you are in business and want to stay a leader, you want to protect your products, methods, techniques and inventions from your competition and the public at large,” outlined Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

The fact is that many companies go through unbelievable contortions to protect their trade secrets and have been known to take legal action against people who have sold those secrets (on purpose) or accidently gave away critical information about how business is conducted. Stealing trade secrets is definitely classified as unfair competition; a slap in the face of the ‘usual’ way business is to be done in the marketplace.

“It’s generally accepted in the marketplace that businesses competing for the same customers are expected to use fair assessment of the market, their product, and assess the buying trends of customers; not lie, cheat, steal, manipulate and resort to spying to get what they want,” added Wilburn. “In fact, the Uniform Trade Secrets Act was created to offer protection against getting ahold of formulas, devices, methods, product secrets and techniques, and other business assets by improper methods – meaning stealing,” he explained.

The Act outlines several things that are considered to be “improper” and they include, electronic spying, or spying by any other means, breach of duty, misrepresentation, bribery, theft and inducement of a breach of duty. Those definitions are intentionally broad, as stealing company secrets can take place in many, sometimes bizarre ways.

It goes without saying that if the person who sells the “secrets” they stole and makes money from that transaction, then it is definitely unfair competition. Under the Act there is a section on punishment if the benefit the thief derived was actual cash or the potential to make money.

Here is another thing that not too many people realize: infringing on a secret may also have punitive damages assigned, including financial damages, royalties and shared profits. The court may also grant an injunction forcing a firm to stop selling anything they got or created as the result of stolen trade secrets,” Wilburn explained. Additionally, recoverable damages may also include loss of revenue as a result of the theft of secrets and come with penalties for the person being unjustly enriched because they stole something.

“This is an interesting area of the law, and if you have had trade secrets purloined from your company, you may want to find out what your rights are and what can be done to protect your company from the resulting loss,” added Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit  “http://www.gomezlawyers.com“

May 13, 2010 in Business, Legal Articles by jferris

Broad Non-Competition Agreements a Problem

The broader a non-competition agreement is, the more problems there are enforcing it.

“Typically speaking, if you have a really broad non-competition clause in your employment contract with a worker, the less enforceable it is. If however an employee has access to trade secrets, highly confidential company information and gets paid extra money for the non-compete clause, you have a better chance enforcing it in court,” said Seth Wilburn, of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer.

In order to be able to actually enforce a non-compete agreement, the employer/company must have a legitimate business interest that needs protecting. This interest needs to be more than just the threat of competition. “It should include proprietary information about the company and/or products, the protection of company trade secrets and insider information on competitive positioning. This insider information may give an employee an unfair advantage,” commented Wilburn.

Having an unfair advantage is about more than just competition and the non-competition agreement. The agreement may come under attack if the worker does not use the actual trade secrets he knows, but just admits to having general knowledge of things he has learned.

The other issue in many non-competition contracts is soliciting customers. Some companies write in a clause in the contract that bans a worker from offering services or contacting customers that are currently with the company. “It’s interesting to note that the courts are more likely to enforce a non-solicitation clause than they are to uphold a no contact or no service clause. The reason for this is that the court regards those two clauses are being anti-trust violations and therefore anti-competitive because it doesn’t give the customer a choice,” Seth Wilburn of the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer added.

When it comes right down to it, distinguishing between non-solicitation and solicitation is somewhat difficult largely because it is subjective. In some cases it would be obvious if there was solicitation particularly if a phone call or letter were involved. However, advertising in the paper isn’t considered to be solicitation – because it gives consumers a choice.

“If you have questions about a non-competition agreement you signed, specifically if it’s enforceable, talk to a skilled business lawyer to get honest answers,” said Wilburn.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit “http://www.gomezlawyers.com” .

May 13, 2010 in Business, Legal Articles by jferris

Real Estate Mortgage Fraud

In tough economic times, real estate mortgage fraud generally increases. It’s a good time to buy, but buyer beware.

Generally speaking, most people are honest and play it straight when it comes to dealing with mortgages. However, having said that, there are crooked mortgage brokers, cheating home buyers, dishonest real estate agents and brokers, and less than honest real estate investors. If you have the misfortune to run across one or more of these individuals, you may be in trouble; something you want to avoid.

Right now financing is fairly easy to secure in order to take advantage of some good deals on homes, but buyers need to beware of getting into hot water. If a buyer gets a loan, they can get some super deals right now. However, can they get that loan? It seems some buyers make up the numbers or take other risks to get the money, and while that doesn’t sound like such a big sin, it is mortgage fraud. Other ways you can commit mortgage fraud are to take money out of the bank and pay off a debt, but not tell the lender; buy a vehicle just before the loan closes and say nothing about it and/or get more credit for something/anything and don’t tell anyone.

Other ways that fraud happens is when a buyer makes any kind of an agreement the bank doesn’t know about (called a side agreement); when an adjustment is made at closing and isn’t shown on the HUD-1 settlement statement; or when part of a down payment/closing costs comes from sweat equity.

There are so many things that constitute mortgage fraud, it may surprise you, simply because you didn’t stop to think about things like the fact that you borrowed part of the down payment, you quit or started a new job and said nothing to the bank, or if you don’t actually move into the house after you have certified to the bank you are intending to be an owner/occupant.

Mortgage fraud is really easy to do but not so easy to reverse and the Real Estate Settlement Procedures Act is painfully clear on how a closing is to proceed, even more so with one that is subject to financing. The bottom line is that “any” statement you make to the bank which isn’t the whole truth and nothing but the truth has the potential to be considered fraudulent. This includes changes in your health, racking up high medical bills, or buying that dream car and not mentioning it.

Just as an increase in salary needs to be reported, so does a decrease. This applies on those loans aimed at low income buyers. It’s clear that if the borrower makes more than the limit allowed, he doesn’t get the loan. Even if you get a major hike in salary just before you close, you need to tell the bank that as well.

At each stage of the process of getting a loan and buying a house, there are many opportunities to be dishonest and just as many to get ripped off by someone else. If you have questions about the process, have been ripped off or have been accused of mortgage fraud, you will want to speak to a competent lawyer and find out what your rights are and what you can do.

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

May 13, 2010 in Business, Legal Articles by jferris

Qui Tam Fraud

Not many people know what Qui Tam is or what it means. It’s a branch of law that protects the government.

Qui Tam refers to a set of rules that lets people blow the whistle (a.k.a. Whistleblower legislation) on those who try to defraud the government. The fraud committed would violate the False Claims Act and those who do step forward and speak up about the illegal doings of others are often called relators. The plaintiff/relator may then bring a lawsuit on behalf of the US government. It’s important to note that none of this takes place unless the defendant has “knowingly” committed fraudulent acts against the government.

You’d be right if you guessed that cases like this are tough to prove, tough to pursue in the courts and tough on which to collect. However, having said that, for those that choose to stay the course, the rewards are often fairly lucrative, since in the event of a case win, the plaintiff gets to collect a relatively large amount of cash based on the total judgment.

The main benefits of Qui Tam law are that it protects the government when someone has been ripping them off, allows recovery of the ill gotten funds on behalf of the government, and pays quite well in the long run. If people didn’t come forward to report on other individuals who were cheating the government out of millions of dollars, there would be a whole lot of tax money washing away down the drain.

While you might think that the whistleblower would be in a tough spot for ratting someone out, the Qui Tam law protects the relator and makes it illegal to harass, fire, demote or otherwise create problems for the individual. They are also accorded some level of privacy relating to their identity. This law is applicable in all states and in various different forms, and if you are in a situation where you have evidence of fraud against the government, speak to an experienced attorney to find out what the whistleblower legislation says in your state.

Generally speaking, there is a fairly broad range of areas in which Qui Tam actions are filed, and they include Medicare fraud (billing for services not rendered); postal service fraud (faking the weight of parcels to not pay the full amount to the post office for services rendered); student loan fraud (lying to get more federal funds); and customs fraud (lying about the value of items being shipped).

If you have questions about Qui Tam law and how it may affect you if you do file a lawsuit, speak to a skilled attorney who will be able to answer your questions and outline what happens at every stage of the process.

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

May 13, 2010 in Business, Legal Articles by jferris

One in Three Nursing Homes Investigated for Elder Abuse

In a shocking study done by the US Senate, one in three nursing homes has been investigated for abuse claims. What a dismal commentary on society today.

Abuse doesn’t just refer to sexual abuse, although that may also be the case in a nursing home; it refers to financial, verbal, physical, mental, emotional and psychological abuse cruelty. “Even though the Senate study concluded in 2001, the results are as valid today – perhaps even more so – as they were then,” said Deborah Barron, a Sacramento personal injury lawyer of the Barron Law Office in California. In fact, if you read the news or listen to radio or TV, elder abuse is on a dramatic upswing due to the recession.

One of the things the Senate study clearly indicated in their report was that the figures they found to be true for elder abuse in the US would likely increase. Not that this study was intended to be a prognosis for the future, but instead a good social barometer of the human race and where it is going. “Sadly, that report’s extrapolations have come to pass. Only now there is some light at the end of the tunnel in the form of the Elder Justice Act and its companion act, the Patient Safety and Abuse Prevention Act, aimed at those in long-term care,” Barron added.

There seems to be no end of creative ways to take advantage of seniors in the 21^st century and one wonders why some people spend their time thinking up ways to torture the elderly and make their life miserable. Nursing home abuse is about many things from chemical restraints to pushing and shoving, and from pinching and twisting an arm or leg to allowing a resident to sleep on the floor to heal broken ribs. It just defies logic that a human being would do that to an elderly citizen; someone in no position to fight back.

It isn’t always easy to spot abuse in a nursing home, largely because the resident may be too frightened to say anything for fear of retaliation. And something else to remember as well; the abuse may be carried out by the staff of the home and/or another resident. There seems to be no end to the despicable things perpetrated on the elderly.

Be on the lookout for signs that an elderly relative is unusually agitated, particularly around a staff member, or if the staff are unwilling to let you spend time alone with the individual. If there is any suspicion the patient shows signs of physical neglect or abuse, immediately contact a skilled personal injury lawyer,” added Deborah Barron, a Sacramento personal injury lawyer of the Barron Law Office in California.

To learn more, visit “http://www.lawbarron.com” .

May 13, 2010 in Business, Legal Articles by jferris

Light on the Horizon for the Battle Against Elder Abuse

The world wasn’t paying much attention to a clause buried in the health care reform bill signed recently. If it comes to pass it will make a difference in elder abuse.

No one was really reading the whole thing, as the health care reform bill is massive and in language only a lawyer could interpret. Many think that this is the beginning of the end of health care as we know it in the US. Some hail the coming changes as the only way to kick-start reform. “Thanks to the single-minded focus on the health care aspects of the bill, not many caught something that would mean elder abuse may be stopped in its tracks,” said Deborah Barron, a Sacramento personal injury lawyer of the Barron Law Office in California.

There is a section in this bill that is widely thought to be one of the most comprehensive federal efforts to fight elder neglect, exploitation and abuse. This is a concept whose time has come, insistently and urgently. “Included in the legislation is something people have demanded for years – the Elder Justice Act. It sets aside hundreds of millions of ‘federal’ dollars to battle elder abuse. It has a companion act – the Patient Safety and Abuse Prevention Act – that is aimed at those in long-term care,” indicated Barron.

It’s virtually a no-brainer to state that elder abuse is a horrendous and hugely significant problem. While there have been efforts made on the local level to deal with this crime, there hasn’t been much of a response on the federal level, until now. “It’s hoped these two bills will have the impact needed to put a stop to this unthinkable abuse,” added Barron.

Abuse is rampant these days and with the next wave of baby boomers about to hit the system, if something isn’t done right now, the problem will be totally out of control. No one deserves the kind of abuse being dished out in private homes, assisted living facilities and long-term care facilities. From chemical restraints to withholding pain medications, and from beatings to isolation, elder abuse is a special kind of nasty that has no place in our society.

It’s a well-known fact that abuse leads to serious mental and physical problems and destitute elderly people struggling to cope from day-to-day. “Sadly, studies have also shown that elder abuse victims have three times the risk of premature death. We have got to stop this in its tracks, as no one deserves to be abused. It’s completely unthinkable, unconscionable, unnecessary, unethical and illegal,” Barron commented.

The Elder Justice Act is set to trigger $400 million in new funds for Adult Protective Services and $100 million for state demonstration grants to test best practices. It also delivers $32.5 million over four years in grants to support the Long-Term Care Ombudsman program, $40 million over four years for training, and creates an Elder Justice Coordinating Council to make recommendations to coordinate local, state, federal and private agencies.

“This Act has more things to offer to protect seniors and honestly, it’s a breath of fresh air and long overdue. Let’s just get on with it and wake up to the fact that elder abuse will not be condoned in any way, shape or form,” stated Deborah Barron, a Sacramento personal injury lawyer of the Barron Law Office in California.

To learn more, visit “http://www.lawbarron.com” .

May 13, 2010 in Business, Legal Articles by jferris

When Manufacturers Get Sued over Products Gone Bad

These days if a product is defective and causes someone harm, then products liability law kicks in. You may have seen the many examples in newspapers.

If you haven’t heard about the term “products liability,” you’ll find it plastered all over the news media these days. It seems like not a day goes by when something goes wrong with an item manufacturers are selling to the public.

The short version of what products liability means is that it’s a legal cause of action launched against the makers of a product, and/or anybody in the long distribution chain that sells that item with a manufacturing design defect, a manufacturing defect, or is defective because of someone else’s negligence in the chain. The end result of this is usually injury to a consumer – the end user. When in doubt about an injury you sustained due to a product, call a Sacramento personal injury lawyer.

Let’s take a closer look at what could constitute a defective product. This could be the result of the manufacturer failing to warn people about a risk they “knew” about, but didn’t tell consumers. It could also be the fact that they didn’t provide a proper warning label. Keep in mind here that not “every” dangerous use of a product can be put on a label, or in some cases you’d have a book for a label.

The news has been filled with a deluge of defective products including the Toyota Prius (and other vehicles made by them) recalls, Infantino baby slings, asbestos cases, SUV rollovers, painted wooden beads, and Evenflo Top-of-Stair Plus Wood Gates due to fall hazards. The list is substantial and may very well make you wonder what in the world is wrong with manufacturers these days. Good question.

It’s a good thing there are personal injury lawyers who take these cases to court, or there would be a lot of dangerous products on the market. Unfortunately the push and shove to make money in any way possible seems to have gotten in the way of manufacturing ethics and integrity.

The list of defective products is stunning for more than just the fact of how long it is. It is unfortunately silent on thousands of defective product cases that no one reported because they didn’t know they were hurt by a product that was inherently bad.

Product liability cases usually need the presence of expert testimony to prove there was indeed a design defect or manufacturing defect in the product in question. However, this does depend on the state in which you live. Of note, in California, products liability cases are referred to as strict liability actions provided the plaintiff meets the burden of proof. This means you don’t need to show negligence on anyone’s part in the chain of distribution.

When it comes to the bottom line, if you have been badly hurt while using a product, you need to talk to a skilled Sacramento personal injury lawyer who can analyze the facts and figure out if you have a case or not.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento personal injury lawyer in California. To learn more, visit www.lawbarron.com.