Each year millions of Americans learn the hard way how easy it is for someone to steal their identity. With as little information as your name, Social Security Number and date of birth, a thief can use this information to apply for any number of things, from a credit card to a driver’s license. Rightly, identity theft can cause a great amount of stress for the victim. Getting one’s life back on track after such an event is not only difficult, but also time-consuming and expensive.

Fortunately, there is an easy and cost effective way for families to prevent this theft from happening. A number of homeowners insurance companies cover identity theft as a part of their insurance policy, either as a separate policy or as an endorsement to an existing policy. In fact, many insurance companies have an existing identity theft clause in their insurance policies, and this protection comes at no additional cost to the consumer. With most policies, identity theft coverage provides the victim reimbursement for expenses lost during the process, including phone bills, lost wages, mailing costs, and even pre-approved legal fees. Sometimes, fraud specialists are provided to guide the victim through the exhaustive and difficult process of restoring his or her identity.

Anyone with a bank account, credit card, driver’s license or social security card is at risk for identity theft. Homeowners with an existing policy should speak with their agent to determine what their basic policy covers and to discuss the benefits of adding identity theft protection as an endorsement. Homeowners seeking new policies should shop around for the best identity theft insurance policy, as rates and protection levels can vary from company to company. In addition, consumers should check their credit cards to see what coverage they might offer in the event of identity theft. Knowing what coverage is already available will better enable consumers to purchase an endorsement policy that is right for them.

Adding identity theft insurance is a small investment that will go a long way toward securing a family’s peace of mind.

To learn more call 1.888.525.2210 visit http://www.floridainsurance.com

After you and your spouse got married, it’s safe to assume that you moved in together. Maybe the two of you even bought a house together shortly after tying the knot. If you are now going through a divorce, one of you will probably be moving out of the house you share. It doesn’t matter if you are the spouse keeping the house or if you are the one moving out, you need to be prepared to make the appropriate changes to your homeowners insurance policy.

Depending on who is listed as the owner of the home and whether you or your ex-spouse are moving following a divorce, you may have to make some adjustments to your homeowners insurance policy and fill out appropriate paperwork. Your policy should only have the name of the current homeowner listed.

If you have a mortgage on your home, your insurance policy will require that you list the name and address of the financial institution that currently holds your mortgage account. Make sure that you update the information on the deed, mortgage and homeowners policy if ownership changes after the divorce proceedings. Not updating this information could cause trouble for you in the event that you have to make a claim in the future.

After a divorce, you may wish to change the locks on your house or install a new security system. If you choose to do so, make sure to alert your homeowners insurance company, as you may be eligible for a discount on your premiums for the upgrade in security measures.

Should you or your ex-spouse move to a rental property during or following divorce proceedings, you should consider purchasing renter’s insurance to protect personal items as well as to provide you with liability coverage.

If you are going through a divorce and need to amend your current homeowners policy, purchase a new policy or get renter’s insurance, you should contact a licensed Florida homeowners insurance agent who will help you fine tune your policy or choose another policy that best fits your needs.

Milla Tawnie writes for Orlando auto insurance and Orlando home insurance agency, the Florida Insurance Group. To learn more or to get auto and home insurance quotes, visit FloridaInsurance.com

By providing agents with accurate information, motorists can be sure that they are getting the lowest premium based on their exact circumstances. Determining your auto insurance premium will depend on many factors, including where you live, the kind of car your drive, how much you drive, how much coverage you want, your driving record and even your age. If an error is made in reporting any of these important facts, your rates will not be quoted correctly.

Auto insurance misquotes can happen when your application information differs from your actual driving record. All auto insurance companies ask states’ motor-vehicle divisions to verify the records of drivers they insure. So, if you tell your insurance agent you have a perfect driving record, and it turns out that you don’t, your insurance company will end up charging you higher premiums than your agent quotes. To avoid these kinds of misquotes, make sure you provide accurate information about your driving record and any other facts that could affect the cost of insurance, such as the make of your car or how far you commute to work. It may be a good idea to spend some time reviewing your driving history and calculating how much you use your vehicle and for what purpose. If you collect your information carefully, you have a better chance of providing information that will lead to an accurate quote. Also, make sure you verify all of the information you’ve gathered before signing the application.

Getting the right quote on an auto insurance policy requires responsibility on the part of the consumer. The policy cannot be properly rated unless correct and complete information is provided. Without accurate information being given to the insurance companies, the quotes you receive will not be reflective of the rates you will actually end up paying. Supplying an insurance company with information that is inaccurate or incomplete will never result in lower premiums. Instead, it will simply waste your time, and you’ll end up paying higher rates than you anticipated.

When applying for auto insurance, contact a licensed Florida insurance agent who can help you review all of the information you need to secure an accurate quote. Even if you are searching for quotes online, make sure there is a licensed agent you can contact with questions.

Milla Tawnie writes for Orlando auto insurance and Orlando home insurance agency, the Florida Insurance Group. To learn more or to get auto and home insurance quotes, visit FloridaInsurance.com

One of the most frightening things that can happen to a person is to have his or her home broken into. A burglary is an unfortunate event that can ravish a family’s sense of security and can lead to great frustration as they fight to replace their possessions that were stolen or damaged. According to the Huffington Post, over 28,000 property crimes occur each day and more than 8,000 of them are burglaries. That means one burglary occurs every 10 seconds. In light of such staggering statistics, homeowners need to make sure that their possessions are protected.

While theft and burglary from the home is covered under most homeowners insurance policies, that doesn’t mean you shouldn’t be concerned about protecting yourself in the event of a burglary. The cost of home insurance premiums can depend on a number of different factors, and chief among them is the likelihood of a future home burglary. Many factors go into determining this risk, including the crime statistics in your neighborhood.

To keep your home protected, your best bet is to install a home security system that will alert an outside service. Increasing the security of your home will allow insurance companies to offer you the greatest savings. Even if you choose not to have a home security system installed that will deter burglars from targeting your home, you may still wish to have a neighbor or family member keep a close eye on your home while you’re away.

Another way to protect your home from burglary is to make sure you have enough coverage for your personal items in your home. A standard homeowner’s policy will cover most of the items in your home, but some of these items may have coverage limits. If you have valuable items such as jewelry, electronics, antiques, coins or artwork, you may want to add extra coverage to your policy in the form of endorsements.

If you’re planning to travel soon and want to secure the contents of your home, you should contact your agent to discuss what items are covered under your existing policy and even consider adding coverage.

Milla Tawnie writes for Orlando auto insurance and Orlando home insurance agency, the Florida Insurance Group. To learn more or to get auto and home insurance quotes, visit FloridaInsurance.com

“You’d think that with the number of people turning 65 in the nation that they would be aware of what they need to do to get Medicare and how it will affect them. Interestingly enough, there are a great number of people who don’t have a clue what they need to do to get Medicare. This is largely due to all the confusing and conflicting information floating around in the market about what they need to do and when they need to do it. I’ve had many seniors call about various ads and flyers they’ve received in the mail, most of which have inaccurate information in them,” stated Richard Cantu with Medicare supplements resource, GoMedigap.com.

The problem with all the conflicting information about Medicare and how to apply for it, etc., is that it’s ultimately so confusing that many people try and ignore it and don’t realize how important it is to have Medicare coverage. This may be dangerous in more ways than one if they don’t have Medicare when they need it the most; when something happens and they need medical help.

“Keep in mind that Medicare policies by themselves are not enough to cover everything and that in order to fill in the ‘gaps,’ seniors need to have Medicare supplements. This is the only way they will be covered for the things they need,” commented Cantu.

If the primary problem is that the options are not clear about what to choose, this is the time to contact a Medicare insurance agent and start asking questions. Things just recently changed in regard to the type of plans and Medicare supplements that are sold to the public, and there is definitely a whole lot of new plans, plans that no longer exist, items that are no longer covered, and other changes that people need to know about in order to make an informed decision before they choose what plans they think will work for them.

Choosing the best Medicare policy and Medicare supplements to fill in the gaps is a bit of an art; and art that a Medicare insurance agent is very good at. “Their advice is free, their knowledge second to none, and their dedication to helping seniors is quite evident when you call for advice and guidance,” said Cantu.

To learn more about Medicare, Medicare supplements, or Medicare supplement insurance visit http://www.gomedigap.com.

“If you are not getting Social Security benefits, then before you turn 65, you need to apply for Medicare. It is not, contrary to popular opinion, an automatic enrolment,” indicated Richard Cantu with Medicare supplements resource, GoMedigap.com. The preliminary enrollment period for Medicare actually begins three months before a person turns 65 and includes their birth month and end three months after that month. While that may sounds confusing, it is easily clarified by contacting a local Medicare health insurance agent.

“If by chance you are still working, and in this day and age that is far more common that it used to be, you may not need to enroll in Part B when you hit age 65. Here is how that works. If your employer has over 20 workers and offers group insurance that you are participating in, your primary medical cover is your work health insurance. That then means Medicare would play a secondary role,” Cantu explained.

Ultimately, that would mean being able to delay enrolling in Part B until (if and when) employer coverage is lost. “Basically, that avoids duplication of Part B cover and paying Part B premiums. However, don’t assume anything here. Always check if that is the right thing to do, as things in health care are changing so rapidly these days, it’s easy to miss something,” he added.

What if a person does not qualify for Medicare because they did not work the required number of years at a company that offered Medicare covered employment? In cases like that, the worker may opt to buy into Medicare. For example, Part A’s 2010 monthly premium would be about $461 if there were less than 30 quarters of Medicare covered work. For those who had 30 to 39 quarters covered, they would pay roughly $254 a month. For Part B cover, the monthly payments would start at $96.40 and could go as high as $353.60; something that is solely dependent on Medicare means testing.

“There are a number of other ins and outs that you would need to know when dealing with initial enrollment periods versus general open enrollment and how penalties may be assessed for delaying enrollment in Part B for every year they delay enrolling. Typically, these issues are things that are best discussed either in person or on the phone, and I’d be happy to help anyone who has questions,” suggested Cantu.

To learn more about Medicare, Medicare supplements, or Medicare supplement insurance visit http://www.gomedigap.com.

Most people associate hospices with caring, quite, dignified palliative care for those who need assistance and who would otherwise be alone and in pain and fear. Hospice care, as we mentioned in another article, is a right under the Medicare program and many people have cheered at this inclusion. It’s a nod in the right direction for our society as a whole; demonstrating that we respect and honor those who will pass on before us, and that they deserve hospice care.

If people actually knew that hospices are now the targets of scams and fraudulent schemes, they would be angered beyond reason. That is what is happening, largely because while many only see the façade of the hospice – the caring ministers and nurses – the hospices these days are owned by big business and big business functions best on big profits.

What’s the scam? The scam is that money is being made hand over fist through Medicare reimbursements for people who are not dying and who don’t qualify for the Medicare Hospice Benefit. What is even worse is when this kind of fraud is the cause of patients and families not getting treatments they may need that could improve their lives. This has to stop.

Check out some of the stories online where big business hospice companies have handed out some mega-settlement money to divert attention from the fact that their hospices admit and readmit non-terminal patients and then fraudulently bills Medicare (and Medicaid). Here is one classic example: Odyssey Hospice, a huge national hospice company, paid out $12.9 million in 2006 for this type of fraud and then – well, they kept right on doing business they way they always had.

If you want another example, take the one of SouthernCare who coughed up $25 million in 2009 thanks to a whistleblower lawsuit. Both of these large companies paid their fines, but apparently nothing changed. It’s a fact that hospices are mega business opportunities. It’s a fact that many have revenues that top $600 million a year. It’s also a fact that they are making money on the backs of innocent people.

Are you aware of Medicare hospice fraud? If you are, it’s time to speak out and do something about it. The dignity of the dying is crucial and the future of the Medicare hospice benefit hangs in the balance with fraud continuing to strip the system of dollars that could be used for the benefit of the patients and not big business.

Richard Cantu is with Medicare supplements resource, GoMedigap.com. To learn more about Medicare, Medicare supplements, or Medicare supplement insurance visit GoMedigap.com.

Anytime something changes, whether it’s how your bank processes your checks or when your health care plans change, like with Medicare, it tends to throw people for a loop. Makes sense; after all when you get used to doing something one way, suddenly finding out it’s now different is disconcerting.

This is particularly true with Medicare supplement plans. For those of you with the older plans, you had other choices and other plans eliminated at the beginning of June 2010. The ones eliminated were the Medigap plans you bought from a private insurance carrier. Good news: basic Medicare and prescription drug coverage has not been affected. So what do you have now? There are 12 variations of Medicare supplement plans A through to L; that’s Plan A to Plan L.

Here’s what you need to know as a quick reference. Plans E,H,I and J no longer exist, but if you had any one of those plans when they were eliminated, you got to keep them if that is what you wanted to do. If there was another plan that suited your needs much better, then perhaps you switched to one of the newer ones. By now, you will have a good idea of whether or not the switch was a good idea, or you may be planning to switch at the next open enrollment period.

By the first of June, you were also able to buy two new plans, M and N, which effectively offered expanded coverage. Plan F is still being sold or in other words, it’s still alive and kicking, so you can certainly look for it when you make any changes to your Medicare plans.

In all the confusion of the changes, a great many people missed out on what some of the other important changes were and may not realize that things they had before might no longer exist. For instance, preventive care and at-home recovery benefits were deleted from all supplement policies because they were not being used very much. This is something to consider overall for Medicare and other medical services; if you want them, use them or lose them.

Plan G offers 100% coverage for excess charges as opposed to the previous 80% coverage and you will find a new hospice benefit added to all of the plans with the exception of Plans K and L (they already have hospice benefits). The “new” hospice benefit offers cost sharing for all Part A eligible hospice and respite care expenses. Medicare has cover for inpatient respite care for up to five days, less your co-pay amount of 5% of the daily benefit. The hospice benefit picks up the 5% co-pay.

The best overall news in case you missed it has to do with the two new Medigap plans, M and N. They are set up give beneficiaries lower estimated premiums and higher cost sharing responsibilities. In Plan M you will find it includes 50% coverage of Medicare Part A deductible, but doesn’t cover Medicare Part B deductible. Plan N offers 100% coverage of Part A deductible, but zero cover for Part B deductible. Cover for the B deductible is now subject to a new co-pay arrangement.

Are there more changes you may need to be aware of for the coming year? Oh definitely, but it’s best to just call your local Medigap insurance agent and start asking questions. They know right away the things that you will need to know to make an informed health insurance purchase.

Richard Cantu is with Medicare supplements resource, GoMedigap.com. To learn more about Medicare, Medicare supplements, or Medicare supplement insurance visit GoMedigap.com.

If you don’t have a quoting function on your insurance marketing website, you may be losing visitors that convert. Meaning, while you may still get traffic, it may not stay and buy a product. Why is this? If people are looking for health insurance rates and want to compare them to other plans, they want quotes – right NOW. If you don’t have a way to do that, that visitor may click away to the competition.

The truth about the insurance market these days is that it is highly competitive and consumers demand enough information to make up their minds about what they need in terms of health insurance. They don’t “just” want health insurance quotes, they also want information about how the various plans work, what the plans cost, how it will fit their needs, what they can do if they are on a budget, and a whole host of other questions.

You need to be able to engage your traffic, answer their questions, provide prompt quotes and tell them the straight goods right up front. For this reason, you need a professionally designed insurance website that gets your message across clearly and with impact. Ask yourself this question: What is the most important thing that I need to tell my customers? Once you have the answer to that, you have the core reason for your website.

To get the right kind of insurance website, partner up with an insurance search engine optimization (SEO) company. If you have an SEO company in your corner, you will have a dynamic, clean, crisp, personalized website that others will envy. It will be the talk of the town. You also want your SEO company to know what they are doing when it comes to insurance agency marketing, ideally doing it every day. When you find that company, your website will be tailored to Web 2.0 specifications and make you proud when it’s finished and launched.

When you choose an insurance search engine optimization company, choose one that does “not” do cookie cutter websites – you know what we mean; everyone has the same site with a different company name slapped into the text. You want original ideas, original social media ideas, original articles and news releases, and original website content. If it isn’t original, you have a major problem on your hands.

And now for another question: “Can you afford to ‘not’ have an insurance search engine optimization company doing your website design, content and social media?” If you have tried to do everything by yourself, you know that you can’t do “everything” by yourself. Hiring a company that is able to provide you with professional insurance agency marketing expertise is your number one choice.

ReadytoQuote insurance marketing company, ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at ReadytoQuote.com.

We don’t mean different in the sense that you have a neon motif for your site or it looks like something a youngster would put together for their first site. We mean different in the sense that your website is the latest, hottest and most up-to-date design that conforms to Web 2.0 requirements. Insurance search engine optimization is changing fast, and he who hesitates usually gets stuck doing things the “old way.”

This isn’t to say that the “old way” of doing things won’t get you traffic; it just won’t get you the “same” kind of traffic you’d get by having your insurance website professionally designed with the right stuff. So, really, to be truly unique and one of a kind, you have to have some really great stuff going for you; something that makes your site stand out and makes people want to come back to it and yes, buy something.

Nodding your head right about now? That makes sense, because in today’s online world, selling health insurance is rough and tumble, which means you need a leg up to be “the site with some great stuff on it.” That little extra edge that will make your site slowly and consistently work its way up in the rankings on Google. Slow and steady wins the race and gives you staying power, so don’t be in a hurry to get where you are going. Take the time to do it right the first time.

To do it right the first time, you need a company that will create a website persona for you that gives you that extra “oomph” and credibility. You want reliability, dedication and a presence that tells people “you” really know your stuff. After all, insurance marketing is as much about the person behind the website as it is about the products. This means you need to talk directly to the people who would buy what you’re selling –mention things like reasonable health insurance, how to choose what plan best suits different people, what preferred status means and so on.

Having said that, what you would also want is to work with a search engine optimization company that captures the true essence of “you” in your insurance website design. If people know who you are and trust you, they will buy from you. It’s just that simple.

So, if you have an insurance website with personality, fresh content (yes, content is still king), up to the minute blog articles, regular news releases about your area of expertise, and an insurance search engine optimization company in the background masterminding your climb to success – you’ve got the world by the tail. You also have the time to tend your online and/or brick and mortar store without worrying about what’s going on with your online website. Sweet! Don’t wait another minute to jump start your insurance website.

ReadytoQuote insurance marketing company, ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at ReadytoQuote.com.

Creative would be a mild word when applied to this recent court case that involved a local Colorado car dealer. “Seems he was selling total loss vehicles to customers without telling them. His scam was in operation for four years, from 2005 to 2008 and covered 52 vehicles. Evidently, the man made it a habit to buy wrecks, repair them and sell them – but did not tell the customer the true extent of the previous damage,” remarked Miller Leonard, a Denver federal criminal defense lawyer and Denver state criminal defense attorney.

Over the four years the dealer told buyers the vehicles had a full factory warranty. Investigators indicated warranties on total losses were voided. In plain English, the cars this man sold should have had salvage branded titles but instead, the dealer was alleging the titles were clean. At the end of the investigation, the car dealer was charged and indicted with conspiracy to commit bribery, commercial bribery and theft.

“It seems the man paid two insurance adjusters to help him along with his scheme and in the process they also wound up being charged. No one had a good day when the case wrapped up. Adjuster number one was charged with a second-degree misdemeanor and handed one year probation and ordered to pay $3,200 in restitution. Adjuster number two pled to commercial bribery (Class 6 felony) and was handed a four year deferred jail term and must pay $12,300 in restitution,” outlined Leonard.

The two adjusters would refer salvage or total loss vehicles to the car dealer who would in turn hand them money and gifts. They would then send him clean titles, not salvage titles. This means the dealer could raise the prices on the resale of the vehicles. What’s the lesson to be learned here? “A couple of things come to mind,” indicated Leonard, “and the first one would be that he needed a compliance program to avoid the very situation he ultimately found himself in. Now, supposing that he was not interested in or didn’t think he needed a compliance program, then he would be entitled to a well thought out criminal defense on his behalf,” he added.

Just because someone is charged and indicted with an offense, does not always mean they are indeed guilty of that offense. While things may look one way on the surface, we rarely know the complete story until the whole case unfolds. “If you do criminal defense for a living, you rarely jump to conclusions about anything until you have spoken to the accused and found out all of the circumstances. In any event, those charged have a right to a criminal defense just as the plaintiff has a right to file a case against them,” Leonard observed.

To learn more, visit http://www.fedcrimdef.com or call 303.623.2721.

In what could be one of the largest antitrust settlements in the nation at $173 million, Colorado and 32 other states banded together and sued several makers of dynamic random access memory computer chips for scheming to jack up prices of their product – a distinct disadvantage for government agencies, businesses and individual consumers. Artificially raising their prices brought the whole house of cards down on them.

“This case is a good example of how many states can and will cooperate in an unfair business practice case. Here, even though the case was filed in California, Colorado became involved and ultimately, secured a settlement on behalf of the state. It goes to show how small a world we live in,” said Miller Leonard, a Denver, Colorado, federal criminal defense lawyer and Denver state criminal defense attorney.

The chip makers named in the multi-state suit included NEC Electronics America Inc., Micron Technology, Inc., both US companies, as well as one company in Germany (Infineon Technologies A.G), one in South Korea (Hynix Semiconductor, Inc.), one in Japan (Elpida Memory Inc.), and one in Taiwan (Mosel-Vitelic Corp. ).

Evidently what happened here is that the chip manufacturers went out of their way to create a remarkably elaborate scheme to drive the prices of the chips up. Fair competition is one thing; collusion in unfair business schemes to artificially raise prices is another. “Unfair business practices are a priority for the Colorado Attorney General,” commented Leonard.

“These types of cases also highlight the growing need for businesses to implement and follow a comprehensive compliance program. More and more, government is seeking civil and criminal sanctions against companies over a myriad of legal matters. Compliance, for good or bad, is a growing need for any company, and in particular, companies doing business in highly regulated industries,” added Leonard.

Colorado won’t be receiving the whole settlement. It will be apportioned by a special master and then the funds will go directly into the State General Fund.

To learn more, visit http://www.fedcrimdef.com or call 303.623.2721.

In the current economic climate, there are unfortunately so many financial scams, schemes and rip-offs that it’s hard to keep track of who is doing an honest day’s business anymore. One of the worst practices relates to negligent and exceedingly deceiving lending practices. In fact, there are a number of companies that have helped the foreclosure crisis along simply by following less than legal avenues to wring money out of unsuspecting homeowners.

A recent settlement, announced by the Colorado Attorney General, illustrates the way abuse can occur. Colorado Springs Independence Planning, doing business under the name Alternative Lending of Colorado, had two top employees called on the carpet for deceptive trade practices that now face an order to repay more than $78,000 in fines and restitution.

The two company officers will also have to surrender their mortgage loan originator licenses and inform the office of the Attorney General if they plan to work in any type of mortgage related business again. One will be paying $16,885 in restitution and $14,000 in civil penalties, while the other will be paying $33,700 in restitution and $14,000 in penalties. If both comply with the terms of the settlement, their totals will be reduced.

For example, all but $10,800 of the grand total for the female company officer will be suspended if she complies with the terms of the settlement and in the other’s case, all but $7,200 of his grand total will be suspended on compliance. This does, of course, raise some questions about the victims of their deceptive trade practices, a point the Attorney General’s office is endeavoring to address by arriving at a settlement with these two individuals that will see them exit the mortgage lending industry.

Two down and a few more to go. There is a warning inherent in this settlement that is intended to impress upon mortgage lenders that their financial bottom line should not be put ahead of the law.

One officer was cited for quoting monthly mortgage payments that didn’t include taxes and insurance, misrepresenting loan interest rates, and dragging out closings to pressure buyers into signing a mortgage. In addition, she worked with appraisers to over-value homes, meaning borrowers would owe more than their home was actually worth. She wasn’t present at closings which denied the borrower the chance to question their loan terms; over inflated applicant’s incomes, and did not offer complete and accurate disclosure to home buyers. It seems that the boss, while he knew what his employee was doing, allowed it to happen in the name of the company – bottom line.

The information concerning the settlement was obtained by reviewing the news releases from the Attorney General of Colorado. The lesson: companies need strict compliance programs to avoid abuses that can lead to potential civil and criminal penalties.

Miller Leonard is a Denver federal criminal defense lawyer and Denver state criminal defense attorney. To learn more, visit Fedcrimdef.com or call 303.623.2721.

When laws are passed in the first place, they are generally drafted, read, molded, mashed, squashed and mauled about until they “sound” like they are what the legislators want. Having said that, you can bet your bottom dollar that in many cases, the legislation isn’t that clear and therein lies the legal dilemma.

The law is mostly about precise wording because if it wasn’t, you could drive a truck through some of the holes that exists in legislation today. And in fact, this is what this article is about – the paring back or down of a section of law that was broadly interpreted to mean something it does not. This whole new development came about thanks to federal prosecutors chasing down corruption cases; cases brought against public officials and others in the public sector.

In a nutshell, here is what happened recently when it came to dealing with white collar crime. The Supreme Court took a paring knife to the “honest services law” and cut it right back to the core – call it the very essence of the original law. Now, as a result of this ruling, this law may “only” be used to prosecute kickbacks or bribery. You may be wondering why the courts would cut a law back; a fair question.

The Supreme Court took exception to the way the honest services law was being interpreted by federal prosecutors in corruption cases, largely because it was so vaguely worded that it was used often, expansively and rather creatively by some in a rush to obtain a conviction. In its most recent ruling, the Court also hinted rather broadly, that Congress might want to take another crack at how far the law actually reaches. They didn’t do that without adding a word of caution though; caution as it would apply to constitutional matters.

The interesting rulings did not stop there. Another one handed down by the Court now makes it much more difficult for criminal defense attorneys handling high profile cases to tank guilty verdicts handed out in a hostile community awash with media reports tainting the jury pool. The Court said it would only find those verdicts questionable in a situation that was found to be “extreme.”

So much for the discretion government prosecutors have been using to apply the honest services fraud law; a law initially brought into being in 1988 to try and overturn a 1987 Supreme Court ruling. You may recall the case – Skilling v. U.S. – which involved a former Enron official convicted in one of the largest corruption cases the nation has ever seen. In any event, the net upshot of these latest rulings is that three very recent high profile cases involving corruption must now return to lower courts for another look. Those cases are Black v. U.S., Weyhrauch v. U.S., and Skilling v. U.S. (yes, it will be revisited as well).

The major problem here is and has been the wording of the honest services law. Congress enacted it saying that fraud may be committed by denying someone the “intangible right to one’s honest services.” For many, this created a “Huh?” moment and courts struggling to define the kind or type of crime or wrongdoing that fits into that notion. Suffice it to say that the attempts have not been successful and that is the reason the Supreme Court finally shot an opening volley across the bow of that sinking ship in order to clear the decks – hopefully. So what we have left is a ruling that says bribes and kickbacks are criminal – period. From this point on, it will be interesting to see what develops.

Miller Leonard is a Denver federal criminal defense lawyer and Denver state criminal defense attorney. To learn more, visit Fedcrimdef.com or call 303.623.2721.

Lawyers owe their clients a certain level expertise, a duty, to provide ethical, professional and competent legal services. From time to time, a lawyer may breach these duties and harm a client. Actions that breach the duties owed to clients may fall into a variety of areas that include violations of the professional standard of care or disciplinary rules, or a violation of civil or even criminal statutes. This kind of conduct, if indeed proven, may end up with the attorney paying damages, forfeiting fees and disqualification and/or a loss of their license to practice. Legal malpractice is serious business.

The fact that lawyers have many years of training to become experts in the law and that they have graduated with a degree and have set up a practice, means they are representing themselves to their clients that they have the skills, the know-how, learning and ability to competently practice law. In that representation it is implied that they will apply due care and diligence when using their knowledge to handle client’s legal matters.

“Generally speaking, the most common claim brought against lawyers is negligence. To file a negligence claim against an attorney there needs to be several elements present: that the lawyer owed a duty of care to the plaintiff; that the attorney breached that duty; that the breach of duty caused the plaintiff harm and that damages are owed for the injury,” outlined Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP. “You should also be aware that lawyers don’t normally owe the duty of care to third parties, though that area of the law is changing rapidly,” he added.

In Texas, the Pattern Jury Charges says that professional negligence is the “failure to use ordinary care, that is, failing to do that which an attorney of ordinary prudence would have done under the same or similar circumstances or doing that which an attorney of ordinary prudence would not have done under the same or similar circumstances.” In order to try a case like this, the proof of the standard of care and the breach of it usually requires the expert testimony of an attorney.

Another common area of legal malpractice is called breach of fiduciary duty. Lawyers are classified as fiduciaries and that means they owe their clients supreme loyalty and must tell them everything that is going on with their case. This isn’t something they do to please their clients; it’s a “must do” duty that involves good faith and dealing fairly with integrity. Put another way, lawyers must place the interests of their clients above all others and if they don’t fully disclose what is going on, this amounts to concealment.

“Some of the fiduciary duties a lawyer has are the duties to avoid conflicts of interest, keep client communications in confidence, reveal all material information to the client, follow all instructions the client issues and not get mixed up in activities that would adversely affect the client. In breach of fiduciary duty cases, the burden of the proof is on the lawyer to prove that the lawyer complied with the duties,” remarked Schuelke.

“If you feel you have been a victim of legal malpractice, seek legal counsel immediately and discuss the case with an attorney who has experience in this area of the law. This is serious business and you deserve unimpeachable representation. If you have any questions, call me,” Schuelke suggested.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Those who have been hurt in an accident have a variety of options to seek recompense for their injuries. The most frequently pursued avenue is filing a personal injury lawsuit asking for damages for their pain and suffering and even loss of wages from being off work. Filing claims needs to be done just the right way, or there is a real risk that the settlement offer will not be fair.

“Personal injury accident claims really do need to be filed by an experienced attorney, even if you think hiring one may be too expensive. Those that try handling claims on their own have not been terribly successful in obtaining a fair settlement, simply because the insurance companies will aim to keep the settlement low and/or deny it. Insurance companies are not your friends, and don’t make the mistake of chatting to them like they were. Anything you say to them may come back later in a manner that will surprise you,” explained Brooks Schuelke, an Austin personal injury attorney with Perlmutter & Schuelke LLP.

One thing that people need to remember about personal injury litigation is that attorneys tend to work on a contingency fee basis, which in a nutshell means if they win the case, they take a percentage of the settlement. If they lose the case, the plaintiff usually pays nothing, although some attorneys do bill for paperwork, photocopying, etc.

“The biggest advantage a car wreck victim has in hiring an Austin personal injury lawyer to handle their case, is the fact that the attorneys deal with the insurance company. The attorney knows precisely what to do and what say to get them to do right by you and your claim. That is why their experience is so invaluable when it comes to netting you a fair settlement,” added Schuelke.

“For those who are contemplating doing a claim on their own, if your injuries only seem to be minor and you settle for a low amount because that is all you think you will need, don’t be surprised if that minor neck injury turns out to be serious whiplash and disables you from working for a few months. If you have already settled your claim, you can’t reopen it and do it over. That means having to pay for any further expenses out of your own pocket,” Schuelke advised.

If that kind of scenario does happen, there has been no money saved by not hiring an attorney. In fact, there may be “more” spent on paying for extra medical bills; bills that could have been paid for with a fair and equitable settlement. Most injured people have no idea how to assess an injury’s economic worth. If they underestimate it or ignore it, they have potentially cheated themselves out of a lot of money and opened the door to physical problems down the road.

“You really should know that insurance companies will often send out adjusters who will swoop in and try to get you to settle early and settle low. They do this before you know the true extent of your injuries and know what legal rights you have. Unfortunately, many adjusters don’t explain the nature of the settlement they’re advocating the victim sign, and they are known to make misrepresentations about the victim being able to bring future claims,” clarified Austin personal injury lawyer Schuelke.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

Since the advent of the cell phone, life has become incrementally more interesting, lively, exciting and deadly. While it’s nice to have 24/7/365 constant contact with friends and family, there needs to be a line drawn about doing that while driving a car and trying to text or talk at the same time. The results of that combination are often fatal. And what good reason was there for the accident, other than someone wanted to text a buddy about a party? Life is precious and responsibility for our own life is one thing; responsibility for the lives of others is paramount.

Unfortunately, those who take the risks of texting while driving are not taking into consideration what might happen to someone else if they are involved in a car accident. Furthermore, if they stopped to think about it, they aren’t even being responsible for their “own” life. Take the case of 21-year-old Josh Ashuby (names have been changed to protect the family) who was on his way home from a party in the city and texting his friends at the same time about what a blast it had been.

Just as he was about to go into a hairpin curve on the road home, he was texting his buddy about meeting him the next day for breakfast. The sun never rose again for Josh, who met an 18-wheeler head on in the curve that night. The cell phone survived the crash, with the display showing his buddy’s reply about breakfast. Pointless death? Indeed, it was not only tragic, but angered a lot of people in the community. Something had to be done about texting and driving.

Allstate Foundation has released some interesting stats about the texting while driving issue, mainly focused on teens, the largest group of cell phone owners who text and drive at the same time. These figures will shock you. About 82% of teens with cells used them while driving and at least 49% admitted they texted while driving, as well. Why do teens text while driving? Usually it’s to find their buds, flirt or get directions. A set of directions or a chance to flirt aren’t worth getting killed over, are they?

Another set of statistics put out by Virginia Tech’s Transportation Institute shows that texting while driving increases the risk of a wreck by up to twenty-three times. Those are frightening numbers. What needs to be done to stop this carnage? Stop using cells phones in cars while driving. Easier said than done, as even though there are many ideas out there about how to stop this deadly habit, most teens (and others) keep on doing it anyway, because they think nothing will happen to “them.”

To stop texting while driving would be fairly easy if people just practiced safety “first” before succumbing to the temptation of instant communication. Shutting off the cell while driving is the first step, only sending texts while pulled over on the side of the road is another, and asking another passenger with you to return the call or text for you is another. These are simple ideas that would save lives, if only people would follow them.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Texas law requires drivers to carry minimal auto insurance. At a minimum, drivers must carry $25,000 per person/$50,000 per occurrence limits for personal injury damages. What does this mean? The “per person” limits set out the maximum that the insurance policy will pay to any one person in an accident, and the “per occurrence” limits set out the maximum that the insurance policy will pay to all people involved in an accident.

For example, if three people are injured in a single wreck, the most that a 25/50 policy will pay any of the three people is $25,000, and the most that the insurance company will pay the three injured people combined is $50,000. If the driver is involved in a second wreck, the policy limits start over. On January 1, 2011, the minimum requirements will increase to $30,000 per person/$60,000 per occurrence.

In addition to the personal injury limits, the law requires drivers to carry $25,000 limits for property damage, the damage to other people’s vehicles or other property. These limits won’t be changed in January.

Drivers can satisfy their obligations through one of two ways. Drivers can simply purchase auto insurance. Most drivers choose this route. Alternatively, drivers can self-insure by proving that they have enough assets to satisfy the minimum obligations. Most people don’t have the resources to self-insure so this option is usually limited to company-owned vehicles.

While it’s a good idea to raise the limits, for many people the new 2011 limits still won’t be enough. That’s why Texas also encourages drivers to purchase uninsured (UM) and underinsured (UIM) motorist coverage. UM/UIM insurance protects motorists from drivers who either have very little insurance or none at all.

If you think that’s probably not a big problem and opt to drive without carrying UM/UIM, be aware that just about 25% of all drivers in the state are out there without any coverage. And even when the other drivers do have insurance, $25,000 (or $30,000 starting in January) is often inadequate. We all know that the cost of health care is rising, and even a small wreck can result in costs of medical care and other damages that far exceed $30,000. If the person who caused the accident (the at-fault party) has no car insurance or not enough insurance, what happens? What happens is that the victim will have to fork out money for damages and injuries out of their own pocket. UM/UIM insurance helps minimize this risk.

Been in an accident recently and need an Austin personal injury lawyer? Make sure to find one that knows the latest arguments in the paid and incurred fight, what may be argued for extra-contractual damages in UM/UIM, and what may be done about subrogation liens. It’s a tough world out there when you get into a car wreck. Make sure you have the right Austin personal injury lawyer on your side to help you sort things out.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Despite the fact that many business entrepreneurs know their stuff inside out, many of them still get hung up on the difference between a trademark and a trade name. “The trademark is considered to be a branding tool and it will identify ‘their’ goods and services as being uniquely theirs – thus distinguishing ‘their’ goods and services from others in the marketplace,” clarified David Alden Erikson, a Los Angeles business litigation attorney.

On the other hand, a trade name is a business name, and it’s normally registered with the Secretary of State where the business is incorporated. The name basically identifies the business for the purpose of incorporation. “The thing to remember here is that just because you may successfully register a trade mark, does not mean you have additional trademark protection. The truth is that there a quite a number of trade names filed that conflict with existing trademarks, which means if they are used as marks they may result in a lawsuit for trademark infringement,” summarized Erikson.

“When a business registers a mark related to a ‘service’ and not a product, it is generally called a service mark. But, just to throw a spanner into the works, a service mark (legally speaking) is the exact same thing as a trademark. Thus, you have the leeway to trademark a company name, slogan, logo, product name or some other symbol that may be associated with what you offer to consumers. By the way, you may want to combine any of these categories (say a slogan with a company name) and call that your trademark,” Erikson advised.

The origins of trademark law are rather interesting. They came about as a companion to the unfair competition law – something that protects businesses against the unscrupulous doings of other companies. “Trademarks are also related to intellectual property rights, copyrights and patents. For a further explanation, I’d recommend you talk to a Los Angeles business litigation attorney,” suggested Erikson. Federal patent and copyright protection is in place to protect a business from other people copying their ideas. Trademark protection is in place to protect consumers from copying a businesses’ ideas.

“If you want a strong mark that will hold up in just about any situation, then give me a call. We’ll talk and I will walk you through what you need to do to accomplish your goals,” added Erikson.

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

Who hasn’t landed on a fake blog style website at one time or another? The problem is, not everyone knows they’ve landed on a flog. Typically, a flog deals with false advertising and unproven claims with fake testimonials. “It’s the latest way to scam money from unsuspecting surfers. Why is this important to know? It’s important to know because this practice is just beginning and lawyers need to be in a position to provide advice to advertisers and consumers about these sites,” explained David Alden Erikson, a Los Angeles Internet law attorney.

“When advising an advertiser, I’d tell them that flogs may leave them open to both civil and/or criminal liability according to federal advertising laws and FTC rules. Yes, truth in advertising, honest and legit testimonials, etc., may reduce liability for false ads, but it’s important people ‘know’ their boundaries and save themselves a potentially expensive lawsuit,” commented Erikson.

As for consumers, if they are sucked in and buy goods or services from a flog, they need to know that they may have a remedy available to them. Any harm done to a consumer may mean they can file a lawsuit. “This area of the law is so new, it is literally developing as you are reading this news release,” Erikson observed. One thing is for sure, the FTC is working on ways to protect consumers from these schemes and scams.

The biggest risk with many of these flogs are the claims made on them enticing someone to take a significant financial or legal risk. “It’s hard to not want to spend money on something if you think that the celebrity endorsement you just read is legitimate and the product claims sound reasonable,” he added.

For those companies who want and intend to run an honest business online, they need to talk to an attorney familiar with Internet law to find out how to use testimonials, why they need proper disclosures and what things to avoid if they don’t want to get slapped with a false advertising lawsuit or investigated by the FTC.

“Without over simplifying things here when it comes to flogs,” said Erikson, “it’s important to remember one simple rule to do business by, and that is always remember that truth in advertising is crucial and must come before all else,” he reiterated.

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