March 8, 2012 in Legal News, Personal Injury by jferris

Connecticut Chemical Companies Should Comply with Regulations to Protect Workers and General Public

Recently, a Connecticut company was fined for violating hazardous waste management laws after the Environmental Protection Agency inspected its chemical distribution facility and warehouse. Hubbard-Hall formulates and distributes more than 5,000 chemicals out of its facility in Waterbury and another location in Wilmington, Massachusetts. The company was fined $111,290 ¨C $63,200 for concerns from its Waterbury facility and $48,090 from Wilmington.

The EPA New England office has levied enforcement actions against 13 companies who have violated the Clean Air Act and distribute or warehouse chemicals. Companies that handle hazardous chemicals must comply with federal laws, not just OSHA Process Safety Management regulations for chemicals.

Hubbard-Hall stored chemicals that were incompatible very close together, and the EPA noted that if they were to spill or be released a violent chemical reaction could cause an explosion or fire. If this were to occur, the public and the environment could be seriously harmed. Hubbard-Hall also did not have a risk management plan in use at either of its locations. When large quantities of chemicals such as very concentrated hydrofluoric acid are stored, these RMP plans are a must.

RMP plans also help to outline how employees can prevent chemical releases and store chemicals properly. The RMP explains the risks with specific chemicals a company uses and can assist emergency responders when an accidental release occurs. Prior to the early February fine, the EPA had issued both Hubbard-Hall locations with administrative orders for violating RMP regulations and the Clean Air Act’s General Duty Clause.

Facilities that store or distribute chemicals must comply with the following regulations:
− Must stay at or below federal regulatory thresholds for chemical inventories
− Containment systems must be in good condition, in a stable way, and aisle space must be adequate for emergency responders
− Incompatible chemicals must be properly separated
− Facilities must be designed for safety with proper fire protections
− Inspections that occur on a routine basis to verify the integrity of chemical tanks
− Report chemical inventories via a Tier II Chemical Inventory Report to state authorities, local emergency planning departments, and the local fire department with jurisdiction over the facility

Serious injuries, environmental hazards and industrial accidents can happen when companies fail to take the necessary steps to maintain a safe environment. Not only could this affect workers, but toxic gases could hurt innocent people that need legal representation to uphold their rights and heal from extensive injuries.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

May 14, 2011 in Elder Law, Legal News, Special Needs by jferris

A Twofold Approach to Long Term Care Needs Is Recommended

Among the many misperceptions regarding Medicaid and long-term care planning is the myth that asset protection planning and long-term care insurance don’t work well together.

Unfortunately, many individuals, including many professionals, believe these two planning options are mutually exclusive and that one negates the need for the other. In fact, a carefully planned and cost-effective strategy to guard against the high costs of long-term care often includes both asset protection planning and long-term care insurance.

When used effectively, Medicaid planning can help individuals reduce prospective costs of long term care insurance, and long-term care insurance can provide certain services that New Jersey Medicaid doesn’t fund. What families need to know is which expenses are worthwhile and which can be cut.

Those looking for the simplest, least expensive asset protection plan must not forget that even partially implemented plans are often useless. Typically, individuals are concerned about protecting their residences from state liens and are willing to engage in legal planning for this purpose. Yet, on occasion, families are unwilling to take further steps that are necessary to protect stock accounts, IRA’s, CD’s, and other assets. Medicaid laws are extremely strict, and the financial requirements are definitive.

To qualify for benefits in New Jersey, an individual must not have countable assets in excess of $2,000, or, under certain programs, $4,000. A spouse’s assets are also subject to limitations. If an individual’s or couple’s liquid assets exceed the Medicaid resource limits, Medicaid will require that these be depleted before benefits begin. Therefore, as with long-term care insurance, certain costs of legal planning can be minimized while others cannot be compromised or the plan will be ineffective.

When engaging in asset protection planning, individuals must create a strategy that includes the possibility of remaining in one’s home and to the extent possible, receiving benefits to pay for in-home care. However, a large percentage of would-be Medicaid applicants are not eligible for in-home care subsidized by Medicaid in New Jersey because their monthly incomes are too high.

This year, the income limit to receive in-home care is $2,022 per month. Because many New Jersey residents are disqualified due to income level from Medicaid home care, individuals who anticipate reasonably high retirement incomes would be wise to purchase long-term care insurance with a home care rider, even if such an option results in somewhat higher premiums.

While trying to minimize costs, individuals cannot compromise certain aspects of the insurance and legal planning. For instance, insurance purchasers must not lose sight of the fact that the benefit amount they choose must cover the cost of care, taking prospective income and other expenses into account. Most of our clients are paying approximately $9,500 per month for a semi-private room in a nursing home and costs in excess of $6,000 in assisted living facilities. In trying to cut costs, purchasers must make sure they have ample coverage. Because the cost of nursing homes rises significantly and rapidly, inflation protection should be considered. Many policies offer this feature and allow the policy owner to pay the same premium over time while coverage increases.

While certain options should not be compromised, implementing a strategy that includes both long-term care insurance and asset protection planning can save individuals substantial assets in life savings and insurance premiums. While cutting the monthly insurance benefit amount is not recommended, individuals can save money on their long-term care insurance purchases by limiting the length of the benefit. Rather than choosing a policy that would pay out over the lifetime of the individual, individuals can still be adequately prepared to meet the costs of long-term care by selecting a policy that pays for nursing home care for a limited period of time.

Five years is an ample amount of time for the insurance benefit period because the Medicaid lookback period for a transfer of assets is set by federal law at 60 months. Those who consider long-term care insurance may wish to select an insurance benefit period of not more than five years. While the benefit period is occurring, the asset protection plan can be implemented and completed so that once the benefit payout ends, the Medicaid applicant can continue receiving the same level of care for which the insurance was paying and make a smooth transition to Medicaid benefits.

Even an insurance payout period as short as three years can make a large difference in clients’ abilities to protect their assets. Depending upon clients’ income and asset levels, many individuals can become eligible for Medicaid in less than five years from the time they first enter a facility. For those clients, a three year insurance payout term would still give a long-term care insurance policy owner ample time to protect savings through an asset protection plan and thereby still meet the primary goals of asset protection. A solid asset protection plan accounts for: reserving enough assets to meet care needs beyond the minimum for which Medicaid pays, protecting the spouse and helping maintain the family home and lifestyle, leaving an inheritance to children, and avoiding state liens.

Because federal law sets the Medicaid lookback period at five years, individuals must begin asset protection planning early to protect their savings. While many clients can become eligible for benefits prior to the expiration of five years from the time they begin asset protection planning, a majority of individuals would be well advised to begin legal planning when the possibility of nursing home care still seems extremely remote. On the other hand, individuals and couples that have purchased long-term care insurance have more flexibility as to when they might decide to begin asset protection planning since their savings will not recede as quickly as the accounts of individuals who are paying an average of $9,500 per month in nursing home care with no long-term care insurance.

Attorney Dana E. Bookbinder focuses much of her practice on elder law, and routinely recommends that clients investigate their long-term care insurance options. She practices with Begley Law Group, P.C., in Moorestown, Princeton, and Stone Harbor, New Jersey where clients seek her expertise in asset protection, disability planning, estate planning, and estate administration. However, when that option is foreclosed, she assists individuals in protecting their life savings through legal planning. When long-term care insurance and an asset protection plan are established in tandem at an early stage, these separate strategies will work together harmoniously to comprise a comprehensive, protective plan that maximizes savings for families.

Ms. Bookbinder has been certified as an Elder Law Attorney by the ABA accredited National Elder Law Foundation. She is a past Chair of the Elder and Disability Law Section of the New Jersey State Bar Association and past chair of the Burlington County Probate Committee. She has authored several articles on legal devices for asset, estate and tax planning in publications including the New Jersey Law Journal’s Financial Planning Supplement. She also lectures to civic and retirement groups and holds seminars sponsored by the New Jersey State Bar Association. She is also a member of NAELA and a life member of The National Registry of Who’s Who. Ms. Bookbinder is a member of the New Jersey State, Pennsylvania and District of Columbia Bar Associations. She received her bachelor’s degree with distinction from Cornell University and her juris doctor degree from The George Washington University Law School.

For more information:
Begley Law Group
http://www.begleylawyer.com
509 S. Lenola Road, Building 7
Moorestown, NJ 08057
Tel: 800.533.7227
Fax: 856.273.1062

May 13, 2011 in Elder Law, Legal News, Special Needs by jferris

It Takes Two to Protect Your Financial Future When Working With Couples

Studies show that almost half of the individuals in this country require long-term care at some point in their lives. In fact, many couples find themselves in a situation where one spouse requires nursing home care while the other spouse remains in the marital residence.

With the cost of nursing homes now averaging approximately $9,500 a month for a semi-private room in New Jersey, this situation could be financially catastrophic. Because Medicare covers only an extremely limited amount of nursing home care, the cost of such care can devastate an estate, leave a spouse with inadequate assets to maintain the marital residence, or eliminate the chance of leaving an inheritance to one’s children.

Moreover, the stress of having a spouse in a facility and paying the bills for such care can ultimately impact the health of the spouse living at home. Those concerned about long-term care owe themselves the opportunity to investigate all options to protect their savings and current family financial situation.

All too often, couples who are seeking long-term care insurance find out they have begun their planning a little late when one of them learns that they can qualify for the insurance, but the other cannot. In the event that the spouse who is not covered by the insurance requires long-term care, both spouses’ estates will be dramatically impacted.

While being turned down by the insurance company is a disappointment and may encourage the spouses to consider how they can improve their health, the rejection in itself should not be allowed to lead the couple down a path of financial devastation. By being informed and proactive, couples can protect their savings even when one becomes sick. To maximize control over your financial future, keep the following in mind:

1. Begin early. When researching legal protection planning options and especially long-term care insurance, everyone must begin early. Generally, once an individual acquires a long-term illness, the person can no longer acquire long-term care insurance. This by no means suggests that the individual is unable to save substantial assets by engaging in legal planning, however. In fact, even after an individual enters a nursing home, the individual can still save substantial assets for his or her family through asset protection planning. Such legal planning is most effective when it is done early, usually before the prospective long-term care resident enters a facility. Every Medicaid application is also subject to a five-year lookback as established by federal law. Therefore, just as insurance premiums will be much lower the earlier one purchases the insurance, the savings through planning will be substantially greater. In addition, early planning gives families peace of mind and the security that generally comes from being proactive.

2. Select your advisor carefully. When purchasing insurance or considering legal planning, it is important to carefully select a provider. Increasingly, professionals are amassing more knowledge of Medicaid. However, the Medicaid asset transfer rules are complex, so partial knowledge of the subject is likely to place the client in a worse situation than if no planning had been done at all. Because many seniors discuss long-term care planning amongst themselves and with their trusted advisors, many myths abound. In New Jersey, for example, many professionals still try to sell annuities under the guise that these products will expedite Medicaid eligibility. While such claims may be true in limited cases, an annuity purchase by a senior citizen who is contemplating Medicaid eligibility is more likely to benefit the financial advisor than the purchaser. The most seasoned legal advisors to the elderly are likely to be members of the National Academy of Elder Law Attorneys (NAELA) or Certified Elder Law Attorneys (CELAs), accredited by the National Elder Law Foundation. Those seeking elder law advice should refer to www.naela.org.

Likewise, when choosing a long-term care insurance company, the selection must be done carefully. It is critical to choose a stable company that will be in existence for many more decades to come. Many insurance brokers agree that even a slight increase in premiums is worth the stability and security that a large company offers. Purchasers are best advised to select a broker who represents several companies so that they can review and compare different prices and features. Any long-term care insurance discussion should include a comparison of home care benefits to be paid out, including whether the policy has an inflation rider and a comparison of “elimination periods,” which show how long it will take before the policy begins to pay once the individual is incapacitated enough to trigger the benefit.

3. If one spouse is rejected from insurance coverage, consider both legal planning and insurance. In situations where one spouse is sick, the couple can plan for each of their care by purchasing long-term care insurance for the healthy spouse and engaging in asset protection planning for the ill spouse. This is commonly done, but couples are well advised to remember that Medicaid does look at the assets of the healthy spouse as well as the ill spouse when an application is filed. Therefore, while adequate insurance coverage will guarantee that the healthy spouse can retain assets and property in his or her name and still pay for long-term care if it is needed for him or her, a comprehensive asset protection plan is still necessary. Without legal planning, if the spouse without the insurance required institutionalization, the couple could be faced with an estimate of $9,500 of nursing home bills. On the other hand, through legal planning, the couple could convey the marital residence to the spouse who is covered by insurance and protect it if the other spouse ever requires Medicaid. They could also transfer certain other assets as consistent with state and federal law to the covered spouse, and in some cases to other family members, to minimize the financial impact of privately paying for care. Ideally, the spouse living at home can protect his or her standard of living, including being able to afford long-term care insurance premiums.

Attorney Dana E. Bookbinder counsels clients in asset protection, disability planning, estate planning, and estate administration. She has seen many clients that should be utilizing both a long-term insurance plan and asset protection plan to safeguard their life’s work and family. As a certified Elder Law Attorney at Begley Law Group, P.C. in Moorestown, Princeton, and Stone Harbor, New Jersey, she is skilled in helping individuals and families investigate their long-term care insurance options and plans for savings. The firm is highly respected for its successful track record and attention to their client’s needs to create a comprehensive, protective plan that maximizes a family’s savings and livelihood.

For more information:
Begley Law Group
http://www.begleylawyer.com
509 S. Lenola Road, Building 7
Moorestown, NJ 08057
Tel: 800.533.7227
Fax: 856.273.1062

March 29, 2011 in Business, Legal News by jferris

California Family Lawyer Highlights the Importance of Estate Planning for Gay Couples

Every couple has concerns about what would happen should their significant other pass away. What would happen with their savings, property and wishes for their family and friends? Domestic partners and legally wed gay couples should talk with a family law attorney with regards to estate planning. With the changing legal landscape, it helps to have a lawyer to ensure that your partner will not have to deal with an emotional and financial burden.

Estate planning for gay and lesbian couples, whether legally wed or as domestic partners, will involve documents and contracts that detail who gets what property and assets as well as custody of children, health care directives and power of attorney. Without the appropriate documents and contracts, gay couples could jeopardize their assets and intentions for friends and family. The law (especially if one partner is from a state outside of California) and family members can be harsh and not recognize domestic partnerships.

“Your assets could be tied up in time-consuming and expensive probate processes, and family members could inherit portions of your property if there is no estate plan in place,” said Los Angeles family lawyer Anthony Spotora, managing attorney of Spotora & Associates, P.C.

How a lawyer drafts the estate documents will largely depend on whether you are legally wed or registered as domestic partners with the state of California. An estimated 20,000 gay and lesbian couples were legally wed in California between June 16, 2008 and Nov. 4, 2008 before Proposition 8 changed California’s constitution to prohibit same-sex couples from marrying. Currently, the California Supreme Court is discussing Proposition 8’s legality. Still, those couples that were legally wed can presently enjoy all of the benefits otherwise only traditionally bestowed on heterosexual spouses when preparing their estate plan. For those gay couples that were not legally wed, California does recognize domestic partnerships and by filing with the California Secretary of State’s California Domestic Partners Registry, partners will have numerous legal rights and responsibilities in the eyes of the law.

California law differs from federal law, however, so it is important to know that there are 1,138 U.S. rights and protections that are only given to federally recognized spouses. Social Security survivor benefits, for example, do not transfer to domestic partners. And the federal government could heavily tax property transfers between partners, as U.S. law could consider these transfers subject to gift tax laws.

“Unfortunately, this means that domestic partners do not have adequate protection should something happen to their significant other,” Spotora said. “The way to safeguard your partner and assets is to have an estate plan in place that goes over each facet of your life.”

The following documents are vital to an estate plan:

Will

A will is in place to distribute property, name guardians for children, and describe last wishes. You can leave your property to anyone you choose, in whatever proportions you choose, including leaving everything to your partner if you wish. Funeral wishes and arrangements are also important details. Wills are a pivotal part of an estate plan, but they can be subject to probate court that can cost thousands in court fees and years to resolve should there be family disputes. Wills are also public information.

Trusts

This document will name the person(s) who will receive your assets and appoint a trustee to distribute the assets after death. Choose a trustee carefully and go over the specific directives you want to happen after death with an attorney. A trust allows beneficiaries to have access to assets quickly, including insurance policies, so that financial struggles do not ensue. Trusts are less open to challenges in comparison to wills, and must remain private so no one except for the beneficiaries will have the right to know how assets were allocated. A trust will also allow a partner to avoid the expensive and time-consuming process of probate.

Power of Attorney and Advance Health Care Directive

Should you become incapacitated, a durable power of attorney document will appoint a go-to person to act as your agent to make critical decisions. The DPA is only activated with a doctor’s note should a partner be legally incapacitated. This document will spell out whom you authorize to pay the mortgage and bills, deposit money into bank accounts, lead the family business, and can now even designate visitation rights. Without a DPA, your significant other would have to petition the court to be your agent, which is a stressful, expensive endeavor – especially if family members disagree. And an advance health care directive will specify who can make critical healthcare decisions on your behalf, what type of treatment you want or disapprove of at the end-of-life stages, as well as surgical procedures, diagnostic testing, resuscitation and organ donation wishes.

Custody Documents

Partners that have children should have documents in place to name a guardian, set up a trust for the kids, and describe time-sharing agreements. Otherwise, children could end up in a heated family dispute or transferred to out-of-state custody.

Keep Good Records and Update Documents

Be sure that titles to property show joint tenants with right of survivorship or keep good records in case the IRS questions the property and wants to levy taxes after the partner’s death. Check to see if your 401k and other asset accounts allow a domestic partner to be a beneficiary. Update and confirm beneficiaries once a year and keep up with changing state and federal tax rules.

“Our law office will help you go over the options you have depending on your family situation, size of your estate, and what your wishes are,” Spotora said. “You deserve to be treated with dignity and respect, and a proper estate plan will help your legacy live on.”

The Law Offices of Spotora & Associates has decades of experience representing families in Los Angeles and California. They have a hands-on approach to give their clients the utmost in individualized attention. Their family lawyers commonly handle estate planning, prenuptials, and divorces.

For more information:

www.spotoralaw.com

Law Offices of Spotora & Associates, P.C.

1801 Century Park East, 24th Floor

Los Angeles, California 90067-2302

P (310) 556.9641

F (310) 556.9642

Toll Free: (877) 4U-EZ-LEGAL

March 25, 2011 in Business, Legal News by jferris

It Pays to Protect a Business Website from Copycats and Hackers

Los Angeles – Imagine doing a routine Google search of your business and name, only to find that a website thousands of miles away had copied the logo, design, text, and even some photos. This is what happened to the law firm of Gordon & Doner out of Palm Beach, Fla. when they looked themselves up and found the British firm of Maslin & Associates with a copycat website.

A business should protect its website and all the content, design and graphics by copyrighting it. This way, it protects all the original works of authorship as well as the look and feel of the website. Be sure to request ownership of the copyright in a written agreement if an outside company creates the website. This could increase the fees from the graphic design company but then later on the business could have the authority to use the same graphics and content on promotional materials such as brochures and mailings.

Copyright protection starts when the work is fixed in a tangible medium. Use the copyright symbol to inform others that the business has control over the display of the website, its production and distribution. State in the fine print that the business has created the website and is copyrighted. By copyrighting a website, it will be easier to seek court enforcement of the copyright should a copycat come along.

“A business and its employees work hard to create and maintain an Internet presence that will generate revenues and continue the marketing efforts,” said Anthony Spotora, Los Angeles business and intellectual property lawyer. “A good lawyer will help their clients protect their Internet business assets through copyright protection services.”

Copyright infringement is a very serious matter and should a programmer even copy code from another website, a business could be on the wrong side of the law. Websites can be shut down without notice as a part of the Digital Millennium Copyright Act and “blacklisted” from Google. Google will remove sites that infringe on another’s intellectual property, program its spiders to avoid the site, and ban it from its Adwords and Adsense programs.

It pays to hire a business and intellectual property attorney to assist with trademarks for domain names and unique business phrases, copyrights for the website, and contractual agreements for creative services done both for the website and with vendors used during daily business transactions.

Spotora & Associates has more than a decade of experience representing clients from start-ups to established national corporations with their website and intellectual property concerns. They are skilled in researching, registering, and protecting intellectual property rights throughout the United States and abroad.

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

March 25, 2011 in Legal News, Personal Injury by jferris

Borrower Profile and Credit Concerns in Pre-Settlement Lending in Personal Injury Cases

There is an ever-growing cottage industry of investors ready, willing and able to make the equivalent of a loan to an individual who is the plaintiff in a personal injury case. These transactions, also known as pre-settlement lending, are a growing trend for those in need. In order to avoid usury statutes, these transactions are characterized not as loans but as non-recourse cash advances. If the plaintiff loses the lawsuit, then no repayment is due. If the plaintiff receives less than the outstanding balance of the loan, then only the amount that the plaintiff receives need be repaid. Because of the high risk associated with these transactions, the equivalent of an interest rate is fairly high.

A number of issues arise in connection with these loans including legal, ethical, Medicaid and practical concerns that must be considered in determining whether applying for such a loan is appropriate.

PURPOSE OF THE LOAN

The purpose of pre-settlement lending is usually to enable the injured party and/or his family to meet their living expenses during the period of time when the lawsuit is pending.

LOANS INVOLVING MINORS AND INCAPACITATED PERSONS

If the lending agreement is made directly with the injured adult plaintiff, it is much easier than if the lending agreement is made with parents on behalf of a minor child or an incapacitated adult plaintiff whether acting as natural guardian or legally-appointed guardian of the plaintiff. In cases involving a minor or incapacitated plaintiff, many courts will refuse to enforce the terms of the lending agreement, unless it can be clearly demonstrated that the funds were used for the direct benefit of the injured minor or incapacitated person. Excellent recordkeeping is critical.

For example, if a parent misses considerable time from work superintending a catastrophically injured child and falls behind in mortgage payments, a court may question whether a pre-settlement lending agreement used by the parent to bring the mortgage payments current was for the direct benefit of the child and, therefore, enforceable. On the other hand, if the parent is the injured party, unable to work because of the injury, and assuming the pre-settlement lending was used to make mortgage payments, there should be no enforceability issue based on the fact that the “borrower” does have an interest in the lawsuit.

BORROWER’S CREDIT

In most situations involving a loan, the borrower’s credit is paramount. Even if the loan is secured by a real estate mortgage, most lenders will want to see that the borrower is credit-worthy because of today’s sensitive lending environment. In pre-settlement lending transactions, the borrower’s credit is immaterial, because the pre-settlement lending company is looking to the proceeds of the lawsuit as collateral for the loan.

The Begley Law Group, PC has assisted individuals and families with their legal and financial decisions for more than 75 years. They are highly respected for their successful track record and attention to their clients’ needs first and foremost. Thomas D. Begley Jr., Esquire and CELA, has extensive experience in personal injury, disability law, special needs trusts, Medicaid planning and elder law.

For more information:

Begley Law Group

http://www.begleylawyer.com

509 S. Lenola Road, Building 7

Moorestown, NJ 08057
Tel: 800.533.7227

Fax: 856.273.1062

March 10, 2011 in Elder Law, Legal News by jferris

New Jersey Special Needs Lawyer Highlights the Importance of Estate Planning for Parents of Disabled Children

New Jersey Special Needs Lawyer Highlights the Importance of Estate Planning for Parents of Disabled Children

Moorestown, N.J. – Estate planning for parents with disabled children is a very delicate and important proposition. During their lifetime, parents are able to provide emotional and financial support to their children. This support greatly enhances needs-based government benefits, which are frequently utilized by the disabled through supplemental security income and Medicaid.

But when parents pass away, these special children lose emotional support that can never be regained and are at crossroads financially as well. Without proper planning, these children could lose financial support and government benefits.

The Begley Law Group, PC will host a free presentation on special needs trusts on Tuesday, February 15 Tuesday, Feb. 15 from 7:30 to 9:30 p.m. at the NAMI Mercer Center in Lawrenceville, New Jersey.

“We will show you how to plan for the legal and support services so your loved one will have a good future,” said Thomas Begley III, New Jersey special needs planning lawyer at the Begley Law Group. “A properly designed and executed special needs trust will supplement public benefits such as SSI and Medicaid without jeopardizing eligibility.”

Begley Law Group, PC is very experienced in assisting clients with disabilities and helped start the Special Needs Alliance, a national group of accomplished attorneys who specialize in special needs planning and trusts. They are well versed in public benefits law, trust law, and the tax law affecting trusts and public benefits.

“Our goal is to ensure that your family and your disabled child has the best quality of life possible,” said Begley III, who also is the recipient of the Martindale-Hubbell Peer Review Rating of AV that is awarded to lawyers operating at the highest level of professional excellence and upholding the highest ethical standards and is recognized as a New Jersey Super Lawyer. “We get to know you and your family to tailor a plan specific to the needs and long-term care your child deserves as well as point out programs and documents that will help your child for life.”

Registration is required for the free session:

home@namimercer.org

609-799-8994

For more information:

http://www.begleylawyer.com

February 26, 2011 in Bankruptcy, Legal News by jferris

Mortgage Refinancing May Still be Obtained After Bankruptcy Indicates Iowa Bankruptcy Lawyer

Most people think that if they declare bankruptcy they can never get mortgage refinancing. That is not the case, as it is possible to obtain a mortgage loan after bankruptcy.

“A lot of people do not realize that they can get mortgage refinancing after bankruptcy. In fact, there are a variety of options. One of them is using a qualified attorney who specializes in helping borrowers to file that kind of paperwork. It is a good idea to have a skilled bankruptcy lawyer on your side, as they help mediate with your creditors. The ideal attorney is up-to-date and very knowledgeable about legal finance procedures and may be able to assist you in getting a good loan,” said Kevin Ahrenholz, an Iowa bankruptcy lawyer.

It is inevitable that after declaring bankruptcy an individual’s credit rating will affect the kind of loan he or she is able to obtain. A low credit score will put an individual out of the ballpark for some kinds of loans, because creditors view the low numbers with a jaundiced eye. Mortgage refinance loans may also be available, but they may also come with sky-high interest rates, because loaning to someone who has gone bankrupt is viewed as a high-risk venture.

“For this reason, check the refinancing fees first. You may make the decision at that time to wait a few years to prove you are able to handle your debts now. Doing that will put you back in the driver’s seat and you will have a chance to apply for cheaper loans,” Ahrenholz said.

In the crush of information that those who have gone through bankruptcy face, they may not know it is a smart move to pre-qualify before going for a bankruptcy mortgage refinance loan. The long and short of it is that being pre-qualified gives the individual a solid idea of how much he or she can borrow.

“From there, it’s usually just a matter of finding mortgage lenders who offer ‘damaged credit’ programs. It’s not as hard as you may think to still find a way to re-finance your home. With good legal assistance, your bankruptcy should proceed smoothly and you will come out the other side with a new perspective on life. While facing bankruptcy is difficult, it doesn’t need to be when you have the right kind of help,” Ahrenholz said.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit http://www.iowachapter7.com or call 1.877.888.1766.

February 16, 2011 in Legal News by jferris

The Complexities Of A Testimony From A Child Could Outweigh The Benefits In A Divorce Case

Brandon, Fla. – In 2011, almost half of all kids in America live in divorced or separated families. When parents go through a divorce, many of them ask if their child or children can testify or speak to the judge as part of their child custody case. In Florida, a family law judge can weigh the preferences of the child when it comes to timesharing or parenting plans, as the best interests of the child are mostly focused on.

Children who are under 18 might not be allowed to testify as a judge could determine that their age and maturity levels will not be admissible in court. And sometimes they will deny the parents’ requests if the judge and attorneys do not have the qualifications or training in these matters.

“The court could choose to appoint a guardian ad litem, parent coordinator or order a parenting plan evaluation,” said Laurel A. Tesmer, Esq. a Brandon, Fla. divorce and family law attorney at the Osenton Law Firm. “It is extremely important to speak to a knowledgeable attorney to weigh each scenario and analyze the way it could affect your child custody case.”

Having children testify should be the last resort in court, as it will rock their emotions and put them between their mother and father. Courts want to maintain the child’s mental health, security and future emotional well-being. Insisting that they testify could hurt the custody petition more than it could help. If a child’s testimony cannot be avoided, the child will most likely be taken into the judge’s chambers as it is a less threatening environment than being in the middle of a courtroom.

The younger the child, the less weight will be given to his or her testimony. And if it is clear that the parent the child picks to live with is not capable of financially or emotionally taking care of the child, the court can override the child’s decision.

“Parents can become very self absorbed when their marriage starts to crumble,” Tesmer said. “Children need steady, consistent supervision and need their parent to stay calm and focused even when this big stressor is weighing on them. You need a sensitive and competent lawyer to help you start the next chapter of your life.”

Osenton Law Offices counsel parents in child custody cases with tenacity and compassion in Tampa and Brandon, Fla. They are experienced in a broad spectrum of divorce matters, including divorce, child custody, alimony, stepparent adoptions, visitation and time sharing, enforcement and contempt proceedings, and modifications.

To learn more visit, Brandonlawoffice.com.

February 14, 2011 in Legal Articles, Litigation by jferris

Intellectual Property Rights Are Your Key to Business Profitability

Most people do not really care about intellectual property. It is only those who have a direct investment in something that ultimately makes them money that are concerned.

It goes without saying that large companies these days have an enormous amount of intellectual property behind them. It is what made them the success there are today. The most valuable thing for any company, but the larger ones in particular, is their brand and IP value. This leads to an interesting question. How much more do you think a company would be valued at if they actually invested more in IP registration and identification? It is food for thought.

For those major players on the block in the corporate world, such as BMW or Coke, they have gone to the trouble to clearly identify, maintain and keep their IP rights secure. It is obvious these efforts have played a big part in their successes as well. IP rights affect their operations, their appeal to current and potential investors, the ability to choose certain partnerships and increase the business value for a merger or sale.

What is the attraction here? What is more important than fixed assets? The answer is information. Information is more valuable now than actual physical property. Information has the added benefit of being a highly tradable asset when it is protected by IP laws, etc. This is what increases the value of a company and this is why you need to have even a passing knowledge of how IP works and why you need to make sure it is legally protected.

Still in the dark? Here are some of the areas you may create IP in, beginning with trade secrets. Trade secrets protect proprietary information, such as what is in the Coke formula, how do they run their company and what systems do they have that makes them successfully competitive? IP also comes in the form of trademarks that protect parts of your general brand. E.g. names, pictures and slogans.

Copyright is a very big part of IP and acts to protect things like recordings, pictures, books, documents and videos. There are of course exceptions to every rule and if you do not understand how IP works, then it is usually best to discuss your concerns with a competent Los Angeles trademark and copyright lawyer. You may also want to ask about inventions, processes and types of ideas, an area that deal with industrial designs and patents. It is a big and confusing world out there and knowledge is power for your business.

Where do you start? The first thing to do is identify what you currently have for IP in your company. If you are not certain how to do that or what to do and what classifies as IP, make that call to an experienced Los Angeles trademark and copyright lawyer and find out. Once you know what you have, the next step is tracking and managing it and registering it. While that may sound simple, it is not always that easy to do. That is why a good IP lawyer is worth their weight in gold, not to mention the fact that with the right legal advice, your business will be worth its weight in gold.

To learn more about David Alden Erikson, Attorney at Law, visit Daviderikson.com. Mr. Erikson specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law.