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/.

November 30, 2010 in Business, Legal News by jferris

Spotora Explains Benefits of Forming a Limited Liability Company

If an individual is looking to form a new business, they may want to consider forming a Limited Liability Company. This type of business structure is similar to a corporation but is less formal, more flexible and offers several benefits, including personal liability protection, for its owners.

What is an LLC?

A “Limited Liability Company” (LLC) is a hybrid between a partnership and a corporation. It has the operating flexibility and “pass through” tax treatment of a partnership with the limited liability for its “members” accorded to corporate shareholders. “While an LLC is a business entity, it is best to think of it as an unincorporated association,” said Anthony Spotora, a Los Angeles-based business attorney. “Although sometimes incorrectly referred to as Limited Liability Corporations, they are in fact not corporations.”

Further Benefits

LLCs are highly attractive to some because of the flexibility in tax choices. LLC business ventures qualify for a single layer of taxation, which prevents ownership from being double-taxed under the corporate tax structure.

“However, LLCs may also elect to be taxed under a corporate tax structure if they wish,” Spotora said. “In fact, the full list of taxation choices for LLCs are as a sole proprietor, a partnership and either an S- or C- Corporation.”

LLCs also often require much less administrative paperwork and record-keeping than do corporations. The laws also allow LLCs to customize the rules for how the LLC is best operated.

Drawbacks

Some people feel that LLCs do have disadvantages, however.

In California and a handful of other states, LLCs must pay a franchise or capital values tax on the business.

LLC’s in California must pay an annual tax to the state’s Franchise Tax Board. The fee is $800 per year, though if the LLC’s net annual income exceeds $250,000, then there will be an additional fee that must be paid, too.

Also, some people believe LLCs have a more difficult time raising financial capital because investors may be more comfortable investing funds into corporate firms.

If a person is considering making their new business venture a Limited Liability Company, it is important for them to speak with an experienced attorney.

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

November 29, 2010 in Business, Legal News by jferris

LA Business Litigation Attorney Erikson Discusses International Trademark Infringement Case

Trademark infringement goes international these days when companies based in the U.S. sue companies based in Europe.

In an interesting international development, U.S.-based Smart Blocks Inc., a maker of construction toys, sued the Danish company Lego A/S, noted as one of Europe’s largest toymakers. Smart Blocks petitioned the federal court for a determination that they were not infringing on Lego trademarks.

Evidently, Smart Blocks, whose headquarters are in San Marcos, Calif., are noted for their talking building blocks that feature six built-in depressible pins. The toys are marketed in seven different colors and have a variety of themes that appeal to children.

Smart Blocks had a shipment worth close to $200,000 blocked by U.S. Customs at the Los Angeles/Long Beach Port in July because there was a trademark issue with Lego. Two months later, the shipment was still on stall and there were no signs it would be released. The company ended up paying thousands of dollars for detention and storage courtesy of U.S. Customs.

“As you can well imagine, this was a significant setback for the company who indicated it had a limited supply of blocks on hand and if they were delayed any further, they may be forced to go out of business,” said David Alden Erikson, who specializes in Los Angeles fashion law, internet law, business litigation, trademark and copyright law.

On the other side of the globe, Lego was saying Smart Blocks packaging is infringing on their trademark. “Smart Blocks says they are not, and there is the rub. Lego actually lost a court challenge asking for European Union trademark rights for the shape of their toy bricks. The question is whether or not they will also lose this case,” Erikson said.

Right now, Smart Blocks is asking the federal court to declare its packaging and products are not infringing on Lego’s trademark and they want Lego to stop saying that they are. In addition, they also want their shipment released and the cancelation of several Lego trademarks because they are generic or invalid.

“Where will this case end up? At this point, that is anyone’s guess, but largely, this case depends on how the court views Smart Blocks products in relation to Lego’s products. On the surface, they sound different and look different, but their inherent design may become the key issue. This is yet another good case to watch to learn about trademark infringement,” Erikson said.

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

November 28, 2010 in Business, Criminal Defense, Legal News, Personal Injury by jferris

Webb Says Dog Bites a Common Problem

Canines bite a few million people every year in the United States.

It’s obvious what kind of physical repercussion an attack can have on a victim, but most people have no idea how dog bite laws can affect them, too, such as the “first bite” or “one bite” rules.

Most states follow the “one bite rule,” which says that owners are not liable for a dog’s first attack provided the owner was not negligent in some manner. The rule, however, does not apply if the owner had previous knowledge that the dog was aggressive or dangerous, or had a propensity to harm people.

In Georgia, it can be difficult for dog-bite victims to prove that an owner was negligent. To do so, the incident must pass a two-part test.

“First, it must be proven that the dog had a previous tendency to bite or attack people and, second, that the owner had knowledge of such behavior,” said Robert Webb of the Atlanta-based personal injury law firm Webb & D’Orazio.

The other way to prove liability against a dog owner under the state statute is to show that the owner violated a local or county leash law when the event occurred.

Statistics show that when dogs attack, the most common victim is a child. Dog attacks cannot only bring physical scars to youngsters, but emotional ones too that lead to a fear of animals for the rest of his or her life.

“In the wake of a dog attack, it is important to understand the particular procedure that may follow, in regard to filing a dog bite lawsuit and seeking financial compensation for your injuries,” Webb said. “If you would like to discuss whether you may have grounds for a civil lawsuit against the owner of the dog that was responsible for your injuries, you should seek the advice of an experienced Atlanta personal injury attorney.”

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

November 25, 2010 in Business, Legal News by jferris

Spotora Urges Composer To Get Serious About Music Licensing

If you are serious about the music you create as a composer, you should be serious about music licensing.

Music is everywhere in the world of entertainment: Movies, television, radio advertisements and commercials. There is always a need for top-notch songs and artists.

“For an upcoming composer, licensing music is a vital step in growing a career,” said Anthony Spotora, a Los Angeles-based entertainment and business lawyer. “Licensing music means that your creation is not only protected from illegal use but can also bring a source of income and bigger name recognition. If the people behind a commercial or feature film like your composition, for instance, they will request a music license for the piece.”

While music licensing can be lucrative, it is important to become educated about the process and to receive adequate representation to secure the best deals for oneself.

There are several options for music licensing. One of the best-known options is to register and become a member of ASCAP, BMI or SESAC, which are also known as performing rights organizations (“PRO”).

Such companies collect millions of dollars annually for composers and publishers for so-called performance royalties, but you must be registered as a member to see this income.

“Performing rights organizations act as middlemen, essentially,” Spotora said. “When a song is  ‘performed’ – this includes usage in commercials, airplay, etc. – the user pays the PRO rather than the copyright holder directly. The copyright holder is then paid a royalty by the PRO.”

A separate option is to connect with a publishing company. The publisher will handle issues such as music licensing, collecting royalties and negotiating licensing figures. If your publisher works hard and is well-connected, it can generate serious income for you as a composer and catapult your career to new heights.

If you are a composer, it is important you understand how to properly protect your music as well as secure the most desirable music licensing deals. For questions about legal matters pertaining to music licensing, contact an experienced entertainment attorney.

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

November 25, 2010 in Business, Criminal Defense, Legal News, Personal Injury by jferris

Don’t Waste Time To File A Claim After Being Injured, Webb & D’Orazio Firm Says

If one has been unfortunate enough to have been involved in a personal injury accident, there is only so much time to file a claim. If the statute of limitations runs out, the injured person no longer has the ability to receive a settlement.

Each state in the United States sets its own statute of limitations, which can vary from one to six years. Here in the Peach State, the limit is two years from the date of injury. For a minor, however, the situation is different: The statute of limitations does not begin until the minor has reached 18 years of age. That means if a youngster is injured at age 14, he or she may file to recover damages up until the age of 20.

“Sometimes after an accident, it is immediately clear whether you are injured,” said Robert Webb, of the Atlanta-based personal injury law firm Webb & D’Orazio. “At other times, it is not. It is in your best interest to retain an attorney to help you settle your claim in a timely and efficient manner.”

Personal-injury accidents can be physically and emotionally damaging so it is important to find a lawyer who shows both zeal and compassion.

When considering filing a formal claim, there are several steps that one can take to help the claim process along. Many of these actions can be taken by the injured person’s attorney, too, of course. The steps include:

•Making notes of the incident. What happened? What are the injuries? What were the circumstances and conditions surrounding the incident? When did it occur?

•Keeping evidence of what caused the accident, if possible, and taking pictures to illustrate important details about the incident.

•Taking note of important witnesses who can verify what happened and help the injured person prove his or her case. Find out how an attorney can get in touch with them at a later date.

“If you or someone you know has experienced a personal injury, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries,” Webb added.

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

November 25, 2010 in Business, Legal News by jferris

LA Business Litigation Attorney Erikson Says Even Bottles May Be Subject to Trade Dress Lawsuits

Trade dress law might apply to bottles. This will have a significant impact on marketplace competition.

A food packaging company may have crossed the line with its fruit-juice packaging and infringed on Coca-Cola’s trademarks. Where that line actually is often causes lawsuit like this one, but behind these types of lawsuits is the desire to protect a well-known brand and not confuse consumers.

Johanna Foods of New Jersey filed a suit in federal court asking for a ruling that says it is not infringing on the trade dress and design patents for Coca-Cola’s Simply Orange brand juices packaging.

“While this may seem to many like a tempest in a teapot, these are important issues to Coco-Cola, which wants to ensure its trademarks (trade dress) are clearly recognizable to its customers. If someone uses a mark close to Coca-Cola’s and causes confusion, not only does Coca-Cola lose business, the consumer is cheated out of an original product,” said David Alden Erikson, a Los Angeles business litigation attorney. Mr. Erikson specializes in Los Angeles fashion law, Internet law, business litigation, trademark and copyright law.

A letter from Coca-Cola’s counsel warned the New Jersey-based company that other companies who had used the carafe-shaped container for their juices had been sued and if they persisted in using the same container, they could expect to land in court. Johanna uses an eerily similar bottle for its line of Nature’s Nectar and Tree Ripe juices, although the labels are different than the ones Coca-Cola uses. Johanna disputes Coke’s contention that the design is an indicator or origin and thus protected by trademark law.

“Counsel for Johanna states that the carafe shaped container is mostly a functional object and therefore can’t be inherently distinctive and that consumers aren’t very likely to be confused by using its containers as opposed to Coke’s,” Erikson said.

This will be an interesting case to watch, as Coke has deep pockets and can hang in there for a substantial amount of time to try and make a point. On the other hand, the court may just make a point of its own based on the interpretation of the functionality of the carafe-shaped bottle design.

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

October 18, 2010 in Business, Legal News by jferris

Tricky business disputes need finesse or legal assistance to settle

Running a business has its ups and downs. Disputes are bound to arise from time to time.

“In any business, even though the people running it are partners, and perhaps friends, anything can and does happen. While they may agree on the day-to-day running of their venture, they may not agree on the smaller details that make up the larger picture. Most businesses would do well to have mediation and conflict resolution options to help them solve such disputes when they do happen,” said Ty Gomez, a Dallas employment and business lawyer.

Sometimes, a dispute starts with something seemingly innocuous that someone else may take the wrong way. Some of the more common reasons for workplace disagreements involve discrimination – which may come in the guise of age, disability, marital status, race or sex – a difference of opinion over payment or one’s salary, misunderstandings about maternity leave or even an unfair dismissal.

It’s not just internal disputes that an owner has to deal with, as they may also face business-to-business differences of opinions. That’s not too hard to understand, given the nature of the global business community these days. Many B2B relationships are complex entities and involve different cultures, as well. Negotiations can be delicate and one wrong step can bring the whole house of cards tumbling down.

“Generally speaking, disputes that arise on this level are not just personal differences of opinion; they are larger and involve serious issues. In cases like that, the parties usually need either professional mediation or a good business lawyer to sort things out,” Gomez said. Then too, the same may be said of partners getting into a dispute over philosophical differences. These kinds of disputes may come up due to one partner wanting a change in direction the other one isn’t amenable to or they could arise as a result in disagreeing over the hiring procedures for a new manager.

Perhaps the most serious types of disputes tend to involve breach of financial agreements and/or breach of contract. These are severe rifts, as contracts are legally binding and one way or another, they must be adhered to for the good of the participants and the company.

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

October 18, 2010 in Business, Legal News by jferris

Proper wage classifications are crucial

The Internal Revenue Service is cracking down on wage and hour compliance for 2010. Watch for increased investigations and fines.

It seems that each year, the IRS has an issue to pursue that is near and dear to its heart. This year is no exception, with the laser-like focus on wage and hour compliance. Businesses need to be alert for this issue and also be aware that the IRS and the Department of Labor are just two avenues of enforcement that may be in place this year. Others may include state or local tax agencies interested in enforcing the rules and regulations in the area.

The biggest problems generally relate to things such as proper classification, differences between federal and state regulations and not applying wage and hour rules properly. “There are two big classification errors that generally occur,” said Ty Gomez, a Dallas employment lawyer and business lawyer. “The first one is usually the independent contractor versus employee mistake. Internal Revenue has rigid laws about who is legitimately classified as an independent contractor. If you have wrongly classified a worker, you could face crushing penalties and intense scrutiny.”

On the other side of the coin is the exempt versus non-exempt status classification. First of all, the worker needs to be an employee. Next is the determination of whether or not he or she is an exempt worker. “This means a person exempt from minimum wage and overtime regulations and other wage and hour requirements. To be exempt, the worker must meet the Fair Labor Standards Act (FLSA) requirements. If you don’t get this one right, once again, there are stiff penalties,” Gomez said.

“Not every state has the same standards as those in the FLSA, so it’s best to consult with an experienced Dallas business lawyer to find out what you need to know. For example, in just about every situation where a federal and a state law differ, the employer makes an attempt to follow the rule most beneficial to the employee,” Gomez said. If the federal minimum wage is $6.75 per hour and in Florida the current state minimum wage is $7.75, companies must say the minimum wage is $7.75 because it is better for the workers.

What this ultimately means is that people need to know what the state’s specific wage and hour regulations are and how to apply them. “For instance, in Texas, the minimum wage law doesn’t have dollar minimums. The State adopts the Federal minimum wage rate by reference,” Gomez said.

The last major category that employers tend to get wrong is improperly applying wage and hour rules. There are so many regulations that can be misapplied, it would be impossible to cover them all. There are more than enough to confuse any businessperson who isn’t familiar with them. For instance, errors tend to happen with final pay, improper deductions from paychecks, overtime, minimum wage, reporting time pay, call back pay, meals and rest periods, on-call time or standby time and training and travel time.

“As you can see, this is not an easy area to keep up-to-date on and it’s best to consult with a Dallas business lawyer who deals with material like this every day. If you get on the wrong side of the rules and regulations, you’ll have a lot of grief getting it sorted out,” Gomez said.

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