Product liability law is designed to give consumers protection against defective products that harm them. While most people tend to think of defective cars, baby cribs, toys, grills, blinds and other items, not many people think about the possibility of a knee replacement implant failing. Unfortunately, this is what is happening with the Zimmer NexGen knee replacement implants.

It looks like a fair number of people across the US are getting ready to file lawsuits against the company citing product liability, failure to warn and negligence, thanks to knee replacement patients and their surgeons discovering the implants are defective. Being sued won’t be a first for this company, as they are also being taken to task for defective hip replacements – the Zimmer Durom Cups. Despite people insisting the knee implants be recalled, they are still on the market. However many surgeons are not recommending they be used for knee replacement surgery.

While the synthetic knee implant is a good idea, it apparently does not hold up under actual field conditions – meaning that once it is implanted it tends to become loose and cause excruciating pain, not to mention the possibility of another surgery to fix it. You might be able to see how this could possibly cause a whole slew of personal injury lawsuits, based on a defective product.

The technology is porous fiber metal with a cobalt-chromium-molybdenum alloy that caps the thigh bone where it connects to the tibia. No cement is used in this process. Since the implant’s introduction to the medical device market in 2003, it has consistently racked up high failure rates – up to 36% of the implants are loose after only two years. Over 150,000 of these devices have been sold in the US, making Zimmer a tidy profit of approximately $1.75 billion for 2009. The 36% failure rate means at least 54,000 people may have trouble with their “new” knees.

If this has happened to you, you may be entitled to compensation for your personal injuries. To find out if you do qualify, speak to an attorney with experience in handling products liability cases; a Sacramento personal injury attorney.

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

It’s a well-known fact that more and more seniors will eventually need the services offered by a nursing home. The sad part is that the prices charged to care for seniors do not, in many cases, reflect the kind and quality of care residents actually get.

“The average cost of nursing care for one year in the US is $71,000, and for that kind of money, the family and the resident would expect a good level of care. What is happening instead is their family members are being abused and every day face substandard care because the nursing home is understaffed and overwhelmed,” outlined Barron, a Sacramento personal injury lawyer of the Barron Law Office in California.

In homes where the staffing is pushed to the straining point and people are hard pressed to keep up, there are often incidents of abuse and neglect. “Whether or not it is as a direct result of being understaffed, having inadequately trained staff or the abuse is isolated, it should not be happening. Aside from this being a human rights issue, where the elderly deserve to be cared for with respect and dignity, no one deserves to be abused in ‘any’ fashion,” added Barron.

Most of the nursing homes in the US are profit oriented and in many cases, just don’t have enough staff to handle their patient load. In fact, roughly 90% of nursing homes can’t keep up with the care demands of their patients. Not only are many employees overworked, but they are underpaid for the work performed, leading many of them to quit. There are actually some homes that see a complete staffing turn over every year. This is a recipe for disaster when it comes to caring for the elderly.

“Currently, there is a focused effort in Washington to try and make changes coming in the form of the Elder Justice Act. It sets aside hundreds of millions of ‘federal’ dollars to battle elder abuse. Its companion act is the Patient Safety and Abuse Prevention Act, and it’s aimed at those in long-term care,” indicated Barron. There is a great deal of hope with the passage of these two Acts that elder abuse will be put to a stop.

In the meantime, if anyone suspects their relative is being abused or neglected, take those suspicions to a Sacramento personal injury attorney with experience in this area. “If you want to protect your family member and others from being harmed, we can help,” said Barron.

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

That is one of the biggest questions a good intellectual property lawyer gets asked all the time: “Can I copyright my slogan, logo, title or brand name?” “The short answer is no,” commented Deborah Barron, a Sacramento business lawyer of the Barron Law Office in California. “Brand names, slogans, other short phrases and business names can’t be copyrighted. In fact, they are explicitly excluded from protection,” she added.

This exclusion applies to “any” kind of name, catch phrase, and title or short ad expression. For those who write cookbooks for a living, and those who copy recipes to try at home – ingredient lists, recipes, formulas and labels are not protected by copyright. “Just hang on one second though, the text descriptions, explanations and even the directions may be copyrightable, so tread carefully,” advised Barron.

“Let’s look at someone who wants to use a name in commerce. In this instance, ideas for slogans, brand names and even business names can be protected, as trademark law protects those things ‘used in commerce’ to make your product different to the other guys product,” explained Barron. According to trademark law, it grants exclusive rights to trademark to the “first” user, but only under various conditions; something that would need to be discussed with an attorney.

“Generally speaking, some trademark protection kicks in automatically if you use your marks in business or commerce. However, having said that, you need to register that trademark federally to have nationwide protection,” Barron added.

“Back to the recipe revelation,” said Barron, “which means recipes and formulas are not protected by either trademark law or copyright law. If you seriously want to protect them, you need to patent them or consider them to be trade secrets. Keep in mind though that the formula or recipe can only be patented if it is ‘new’ and not an obvious combination of things already known,” she explained.

While one may be excused for thinking that the formula for Coca-Cola is a recipe (and it is actually) it is also a formula and is maintained in secrecy as a trade secret. Trade secret protection is indefinite so long as people keep it a secret. A patent may grant up to 20 years protection.

“The simple rule of thumb is if you don’t know for sure if what you have may qualify for a patent or may be copyrightable, then ask a lawyer who is familiar with this area of the law. Better to be safe now than sorry later,” stated Deborah Barron, a Sacramento business lawyer of the Barron Law Office in California.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California isn’t alone in struggling with the nasty side effects of a recession. Economic pundits are now weighing in with even more dismal news – expect unemployment figures to shoot up to 10% and higher through late 2011. Who knows, that might not even be correct in terms of the end of the recession. A distinctly dismal thought.

We all know that a paying job in today’s market economy is critical, and so is understanding employment law, just ask a Sacramento employment lawyer. This isn’t an option, it’s a must. Did you know that California’s workers’ compensation system covers 15,256,000 workers for over 800,000 employers? Think about that for a minute. These people generated a gross domestic product of $1.8 “trillion” in just 2007. Along with that statistic was the additional information that 644,700 occupational illnesses and injuries were put on report, and at a minimum, there were about 229,871 compensation hearings.

With the understanding that people need a paycheck, we look at what some employers have been doing lately. They have intentionally or unintentionally neglected or refused to pay their workers. This isn’t because they don’t owe them money or their contracts are invalid. They owe them fair and square for work, provided under California law. As a Sacramento employment lawyer, I’ve heard my fair share of horror stories.

Consider this: a $17.5 million lawsuit filed by the California Labor Commission against, of all places, the Federal Loan Modification Law Center, because they hadn’t paid their workers for all the hours they worked. Not about to stop when they were on a roll, the same Commission also filed a $250,000 lawsuit against an online health care company for – you guessed it – not paying staff wages. The basis of the Commissions case winning argument was that “not” paying their workers caused undue hardship on those relying on them to feed their families.

Unfortunately, there are a great number of employers who go out of their way to not pay their workers just so they can maximize their profits. They don’t care that worker’s families are struggling to make ends meet. What these employers count on is that their workers have no clue about employment law and are afraid to confront their employers. Know your rights, not just for yourself, but for your family. And if you don’t know them, call a Sacramento employment lawyer and find out what you need to know.

For instance, not a lot of workers know that they are entitled to wages if they’re forced to work through or miss a break or meal. They also don’t have a clue that companies can’t deduct, withhold or subtract the cost of doing business from a worker’s wages. Put another way, if you have to wear a uniform because your company insists on it, you do not have to pay for and maintain it. One other area where people come up short is calculating wages due for overtime.

As you can see, if you work in California, there’s a lot to know about employment law. Do you know it?

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

If anyone has taken the time to read some of the warnings printed on products or in user’s manuals, the inevitable conclusion is that someone must have actually “done” some of the harebrained things listed as being a hazard (and sued over it) or it wouldn’t be mentioned. This should give one pause when thinking about the law and how it is supposed to protect us from grave injustices and remedy personal injury wrongs, etc.

Sadly, a great many businesses these days are under a virtually constant threat of being sued for something; incidents that could range from scalding coffee being spilled, to a person slipping, tripping and falling outside a business. Some of these lawsuits may very well be frivolous, some may not. Really, most businesses these days need to know what to do about customers or clients blaming them for client errors or things beyond anyone’s control.

Nowhere is this risk more evident than when it comes to products liability cases. In this area of the law, manufacturers are in the position where they must tell an end user how to use their product, and how “not” to use it. They are also required to warn people what may happen if they misuse an item.

Gone are the days when a product maker could assume a consumer would use the product for its intended purpose. Nowadays, the things people think of to do with some products are utterly unbelievable and may cause serious personal injuries or death.

Manufacturers are now in the awkward position of trying to “guess” what a consumer “may” do with their item that could harm them. Quite a stretch of the imagination in many cases, but that is how far the law in this area has gone. For example, who would have thought that a consumer would use a portable chain saw propped up at the top end of a metal pole to try and trim tree branches or use a hair dryer while asleep?

Simply put, the law in the 21st century mandates that a business protect itself from some really ridiculous happenstances. After assuming the worst case scenario, a business must then guess what might happen and then issue a warning. In instances like this, it’s obvious that manufacturers are going to have to also assume their consumers are none too bright. However, having said that, there is a large gap between what products liability law says and how it gets applied.

Thankfully the law doesn’t say that a business has to guard against personal injuries or a death as the result of a consumer’s bad or poor judgment. However, when a case gets to court, it may be a different story and the consumer will triumph. For this and many other reasons, it only makes good common sense to discuss any personal injury case or products liability case with a skilled personal injury attorney.

It’s best to make sense of a bad situation in the eyes of how the law is applied prior to assuming something that might not be the case in actual practice when all is said and done. Put another way, have a well seasoned business attorney create systems, procedures and company policies to deal with those “frivolous” cases that defy explanation to even a reasonable person.

To learn more, visit Lawbarron.com.

It’s when economic setbacks hit that one really finds out how well run a business happens to be. It’s essential for them to be paid on time and get the money right to the bank. Now is not the time to cut corners on things like sound advice from a Sacramento business lawyer. It doesn’t cost that much to draft a set of tightly knit terms and conditions to make sure the company is running well and in the black.

There are definitely several matters that need to be included in such a legal document. One of those is to make sure the terms and conditions laid out are the terms of the actual “business” for performing and delivering on its contract, not the terms of clients or customers.

=Definitely lay out very precisely when payment is expected for services or products. Chances are the terms the company was initially following were a tad too generous. For example, many invoices state payment is due 30 days after the date the invoice was sent.

Doing the math will reveal that those terms may delay payment by up to two months. This is a serious impediment to cash flow, so reducing the payment period to 14 days makes a great deal of sense, and this is something a Sacramento business lawyer will explain. Since cash is what drives a business and keeps it afloat, tightening up the terms and conditions of payment is a smart business move.

While some companies feel that charging interest on unpaid bills is “not the thing to do to upset a customer,” there is a legal right to charge for that interest. When doing this, include all the pertinent details, such as the amount of charges and how they are applied, etc. Interest rates should also be laid out very clearly in any terms and conditions.

Never rely on a verbal contract because despite what people may think, it could end up being a binding contract. The terms of agreements made under those conditions are enforceable under some circumstances. Instead, have any contract entered written by a Sacramento business lawyer.

The terms and conditions have been spelled out clearly, or have they? This is something that needs to be checked. If the terms and conditions are not as clear as one would think, there may be ways to circumvent them. What any business should hope to accomplish with their terms and conditions is to have them so clear that there is no way they would land in court in the first place. This can be accomplished by an experienced Sacramento business lawyer.

Never assume that because any terms and conditions that have been written for the business are clear to customers or clients. This may not be the case. The firm has to take steps to ensure anyone that does business with it are totally aware of the terms and conditions under which the firm operates. This will go a long way toward avoiding any potential disagreements. With firm terms and conditions in place and by adhering to them, economic recovery is just that much easier in the long-term.

To learn more, visit Lawbarron.com.

It’s a fact that being in the construction industry is a nod to putting your life on the line to get the job done. No one wants to be hurt or injured while on the work site and most workers do use caution to avoid the most obvious of possible accidents. It’s the things that happen unexpectedly that may cause devastating personal injury or death.

Not all work site accidents are life threatening or serious. They may just relate to repetitive strain injury or pulled muscles from lifting the wrong way. Nevertheless, hazards continually stalk every construction site.
The most common accident on a construction site is falling. While the height might not be that great in terms of distance to fall, even a short distance may result in severe injuries or death, e.g. traumatic brain injury due to the head hitting a solid object. Falling objects are another very common happenstance at a work site. This could include everything from bricks to iron girders. Most often this injury comes as a surprise to the worker who suddenly gets hit from above.

Equipment failure or failure to operate it in the right manner is another area fraught with accidents waiting to happen. The older the equipment and the faster the worker tries to work, the higher the chances of an accident. As well, working on a construction site involves manual labor, often tough physical demands on a daily basis, which may result in lifting strains and overall wear and tear on a body.

Factor in chemical spills that may include lubricants, toxic cleansers, or other deadly substances that may cause either immediate problems (respiratory) or long-term difficulties, such as lung cancer. Along with spills, of course, come the real hazard of fires and explosions. What happens post-accident and how should those injured get compensation?

Post accident problems may include expensive medical bills, missed work and thus lost wages, inability to perform again at a pre-accident level, the loss of personal days and sick days to handle the injury, and the very real possibility that others on the construction site won’t want the “accident” reported, etc.
As you can see, it’s a real can of worms. This is why it is very important, critical in fact, to get a skilled Sacramento personal injury lawyer. They can run interference for you when it comes to dealing with insurance companies who don’t want to pay out on a personal injury claim. They will also explain your rights to you and what you may expect if your case proceeds to court.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

While many think that whiplash is a silent wound and not that serious because it’s not visible, it is one of the more common injuries sustained in car crashes. Whiplash damage turns the most mundane of tasks into a painful activity and affects daily living. This is why a great majority of whiplash victims tend to file personal injury claims with a Sacramento personal injury lawyer.

What usually happens when two vehicles collide is that the impact causes you to be propelled forward rapidly (acceleration) then slapped backwards suddenly (deceleration). This whipping movement strains back muscles, shoulders and the neck, violently pulling these muscles out of shape.

Whiplash symptoms don’t always show up immediately. It may take a couple of days for the victim to realize what has happened. This kind of damage also takes a long time to heal, depending on the violence of the impact. When it comes to whiplash injuries, no two people are alike and they may act and react differently to the injury, based on their pain threshold and the flexibility of their neck muscles.

Hit from behind? If that is the case, then the person who collided with you is always liable for the crash. If you suffered whiplash because of this accident, then in most cases, you have the option to file a whiplash injury claim. If you’re not certain what to do, speak to a highly skilled Sacramento personal injury lawyer.

While there are places that represent themselves as being a whiplash claims company, you are best advised to speak to a qualified Sacramento personal injury lawyer who knows the law. When it comes to the possibility of negotiating a settlement with the insurance company or even proceeding to court, having a competent Sacramento personal injury lawyer representing you will go a long way toward a fair and just settlement.

Whiplash claims companies are only in the business of collecting information to pass along to an attorney. Why waste time and money with these claims companies when the first consultation with a knowledgeable lawyer is free?

Some of the things that your Sacramento personal injury lawyer would discuss with you are the details of the case, find out how much time you lost from work, get your medical records and get a detailed list from you about any other expenses you had to pay out of your own pocket, e.g. massage therapy or paying for a neck brace.

While it’s true that getting compensation won’t take the pain away from a whiplash injury, it will help pay for lost wages, doctor’s bills and other expenses. This is one of the main reasons you need to consult with a Sacramento personal injury lawyer to know what your rights are in relation to a whiplash claim.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Can consumers do anything about a product that doesn’t live up to its advertising? In a word, yes. If it doesn’t do what it is supposed to do, the person who shelled out bucks for it may choose to hold the maker of that product responsible for either a total refund, repairs, or damages for personal injuries.

If the product caused an injury, the person who sustained that harm may be able to hold the product’s maker liable. If the product in question is unsafe or even defective, customers might be able to prove the company who made the item(s) should have been alert and aware of the danger. In knowing that danger, they should then have made certain to prevent those injuries from happening.

In circumstances like this, an injured shopper may wish to talk to a highly skilled Sacramento personal injury attorney to file a product liability suit to get compensation for pain and suffering, lost wages, and medical bills. The tricky part about these kinds of cases is that the prosecution has to prove it was the product that caused an injury and it did not happen as a result of the purchaser improperly using the item or a mistake made by the buyer.

People who were in the line of fire as the result of defective products should get medical attention right away and document the injuries they received in great detail. Photos are priceless and need to be taken at the scene of the accident and of the product. Make notes of the incident as well and try to ensure the offending product is kept intact.

By all means, speak to an expert Sacramento personal injury lawyer with extensive experience in this area of the law. While outlining a potential case for the attorney, give them the product that caused the injuries, provide the documentation, offer all the written material included with the product (instruction manuals, warranties, warnings, etc.) and get possession of all medical records relating to the injury, along with any bills for medical expenses.

Other things that consumers need to know when dealing with defective products are that product liability cases usually revolve around the fact that the product was defective and was the direct cause of an injury; that manufacturers really need to clearly label products with warnings about hazardous use; and that defective products need to be yanked off the shelves immediately. If this does not happen, the failure to do so may result in serious legal consequences for the manufacturer.

To learn more, visit Lawbarron.com.

Not a lot of people truly realize that strict product liability is as all encompassing as it is. It actually covers the point of origin of a product right on down the chain to the final distribution point of the article or item. In other words, this will include the maker of an item, the place where it was assembled, and the retail outlet where the product is eventually sold to the public.

Strict product liability actually goes even further than this in that if an item does have a defect that causes harm to a customer or a friend of a customer (who either borrowed the item or got it as a gift) then all of these people are considered to be defendants in a product liability suit.

Most people relate product liability to tangible products, or physical property, but this isn’t always the case. It may include real estate, books, navigational charts, gas and even pets. Interestingly, California law requires all makers of products to label them clearly with a printed warning, particularly if the product contains lead paint or other harmful pieces. Think small parts that kids could swallow.

To successfully prove a strict product liability case, the plaintiff must be able to show the product was indeed defective. In this area of the law, there are three kinds of product defects often launched in liability lawsuits: marketing defects, manufacturing defects and design defects.

A design defect is considered to be one that is built into the product. It (the defect) is in the design itself and is present prior to the manufacturing process. While the article may perform adequately for a consumer, it has the potential to be dangerous because of its flawed design.

On the other hand, manufacturing defects usually take place when the product is made, yet not all of the products made are defective. Marketing defects refer to poorly written instructions or the failure to warn a consumer about potential product dangers.

Product liability is a strict liability offense, and cases like this are not focused on how careful the defendant was or was not. Typically then, a defendant is liable when a product/item is defective – period. Speak to a well qualified personal injury lawyer who will be able to assist in receiving compensation for any injuries suffered.

To learn more, visit Lawbarron.com.

While it might seem like a straightforward thing to do – setting up a company – there are a lot of options that you may choose from and that becomes confusing without the assistance of a Sacramento business lawyer. This is even more essential if you don’t happen to have a lot of experience running or setting up a business.

The bottom line is that you might be really surprised to discover the various options you do have, each with differing tax consequences that will directly affect how you raise capital. Hang on for the ride and talk things over with a highly qualified Sacramento business lawyer, so you can get on with the business of doing business in a manner that is profitable.

The least complex arrangement for businesses happens to be sole proprietorships, and with an added bonus, they are also the least expensive legal entities to set-up. If you opt for a sole proprietorship, what you have is a company that is unincorporated and only owned by “you.” Being a sole proprietorship means you are not a distinct legal entity, so guess what, you don’t file annual business taxes, as they are incorporated into your annual personal income tax filing.

Another nice benefit of sole proprietorships is that the tax rate on your earnings is usually lower than the income of a corporation. Really though, this particular legal entity is mostly for solo owners and consultants, etc. It is not suited for a business with more than one person or for one trying to source capital from “Angel” investors. There is one thing you should be aware of as it relates to debts incurred during the operation of the business. Sole proprietors face unlimited liability for any debts. This is just one of the reasons you need to consult with a skilled Sacramento business lawyer.

If you’re setting up a business with two or more people, this would be classified as a partnership. A partnership is an unincorporated venture and is also not a distinct legal entity. Any profits or losses in this situation are included in the partner’s personal income taxes and then billed according to the “Articles of Partnership.” In this instance, there is a contract between the partners.

When it comes to divvying up the losses and/or profits, the “Articles” kick in and outline how this is to take place. They also settle on a partnership name, date of partnership formation, the length of the partnership, and how any disputes are to be handled, should they arise. While this may not sound too bad on the surface, there are some drawbacks which need to be thrashed out with your lawyer. For instance, partnerships aren’t very helpful raising investment capital and they face unlimited liability for the all the debts of the total partnership. Put another way, if one partner can’t meet an obligation under the “Articles,” the others are then liable for the obligation.

Something else that not many people are aware of is that if you form a partnership, the actual business entity – the partnership – is limited to the physical lives of the partners who formed the company.
This is a lot of information to absorb as you are trying to set up a business. Make sure you consult with a fully qualified and expert Sacramento business lawyer to find out what your options are and how they will benefit you before making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Typically, a Sacramento business lawyer handles things like contracts, commercial paper, employment law, sales and agency, and deals with things like corporations and partnerships. On the other hand, corporate law pays close attention to the relationship between businesses and customers and, how things run under the auspices of the firm’s internal rules. Anything legal, litigated or mediated, etc. in either area of these two types of law applies to all transactions in public or private.

Let’s take a closer look at what a Sacramento business lawyer handles. In this particular legal arena, business law lays out how different enterprises are set up. For instance: registration, proper documentation and other requirements, how taxes apply to them, drafting bylaws, articles of organization, company start-ups, buying or selling of other firms, handling employees in the correct legal manner, properly managing the venture and so on.

On the other side of the fence, corporate law has five things that separate it from business law (as these areas both use the same laws and processes). Corporate law deals with investor ownership, transferrable shares, limited liability of shareholders, delegated management, and the separate legal personality of the corporation. In most instances, these “differences” apply to publically owned corporations.

The interesting thing about corporate law is that its origin is from the middle ages. It was employed when medieval guilds were set-up, but not created for profit. Put another way, corporate law in the 21st century defends the rights of the company and the shareholders when legal matters need to be handled or the company goes under.

There are more than just the “five differences” that drive corporate law. For example, this area also deals with the corporate constitution, corporate litigation if necessary, the personality of the corporation, its capacity and powers, and the duties of the director. It will also handle things like acquisitions, insolvency, corporate crimes and mergers.

Just be aware of the “differences” when it comes to choosing a Sacramento business lawyer for your company.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

It wasn’t until attorneys handling the results of car crashes began to ask questions about the nature of the injuries sustained to the head and neck that the medical profession began to take a closer look at what consequences whiplash really had. On the other side of the fence were the insurance companies whose stated preference was to not compensate for whiplash because it would save millions of dollars. And so it did, until the furor over whiplash injuries became great enough that they had to sit up and take action.
Insurance companies just didn’t “get” that whiplash had the potential to cause disabling pain and because it could not be “seen” then it must not be that bad. Based on that premise the insurance gurus came up with something called Minor Injury Soft Tissue Injury or MIST. The theory behind MIST was that whiplash was merely a psychosocial incident.

In reality of course whiplash is better known as cervical acceleration-deceleration injury and it is incredibly painful. Whiplash doesn’t just affect the neck; it may also damage ligaments, cervical discs, cervical facets and muscles. Recovery is a long and painful process.

Anyone who has suffered whiplash knows the worst manifestation is headaches. At one time insurance companies offered the attitude that headaches were caused by other things. The scientific evidence shows otherwise when dealing with cases of whiplash. The problem in the courtroom, even today, is that there are experts for hire who still claim whiplash victims are suffering because of “other” conditions. It then boils down to a he says/she says proposition that a judge or jury has to sort out in the final analysis.

Thankfully, it appears that recent research demonstrating the obvious connection between whiplash and headaches is beginning to make a dent in the insurance companies dogged insistence that they are not related. Although even the latest research is still being closely questioned in order to find a loophole for the insurance industry to deny claims and save money. Never assume that a person who has sustained a whiplash is “faking” the symptoms. Anyone who has been in an accident that resulted in neck trauma needs to consult with a skilled personal injury attorney to have their case assessed.

Living with constant pain and not being able to work or carry out daily activities, as a result of severe whiplash sustained in a car accident or other mishap, may mean recovering damages in court as a direct result of someone else’s negligence.

To learn more, visit Lawbarron.com.

Many construction sites have their fair share of minor accidents, as that seems to be the nature of the job. Unfortunately for the workers on site, deadlier accidents also take place like the collapse of scaffolding, electrocution, burns, amputations and crush injuries. The fact of the matter is that the construction industry ranks as number one when it comes to the number of on the job injuries sustained each year.

Across the United States there are approximately 250,000 construction sites at any one given time, with close to 6 million construction workers plying their trade. For every 100,000 construction workers on the job, at least 23 will die in a work-related accident. On many, if not all of the sites, there is scaffolding that poses a real hazard to people’s safety and lives in more than one way.

Not only can the scaffolding collapse, tip or disintegrate, there is the very real danger of falling material and tools striking people on the ground. Workers who are dealing with laying electrical wire and other potentially dangerous utilities, such as running gas lines, also face significant personal injury risks on the job site.

The US Department of Labor is predicting that over 1,000 workers will die this year as a result of sustaining a construction site injury. Those who do not die from their wounds may be permanently disabled and unable to work again. Interestingly enough, the second leading industry in terms of high numbers of personal injuries and deaths was the trucking business, reporting over 500 deaths. Some of those deaths involved crane accidents, something that has been in the news quite frequently as of late.

Turning to the Occupational Safety and Health Administration for further statistics in this area, they show there were ten top factors in construction worker injuries and death. These factors included the number one spot going to scaffolding, hazard communication, fall protection, respiratory protection, lockout/tagout (LOTO), powered industrial trucks, electrical wiring, machine guarding, general electrical maintenance and ladders. Lockout/tagout refers to a safety procedure of shutting down dangerous machinery and not starting it again until maintenance and servicing has been completed.

Workers that have survived a workplace injury or those that are grieving a wrongful death need to consult with a highly skilled personal injury attorney in order to ensure justice is done. The attorney will be able to guide claimants through the difficult process of securing damages for severe injuries or to obtain just damages for a negligent wrongful death.

To learn more, visit Lawbarron.com.

Entertainment law is an area that is a mystery to many folks and they don’t understand what this kind of attorney actually does. Given the nature of the specialized knowledge these attorneys deal with, it goes without saying that their expertise will protect your rights. Entertainment attorneys handle all the legal aspects of film and TV productions, set up music and film production companies, deal with talent agreements (including modeling, singers, actors and musicians) and ride herd on the details for film financing and production issues.

Along with all those issues, entertainment attorneys also draft producer agreements for both film and music, put together music licensing agreements and writer option agreements plus tend to copywrite law and all appropriate registrations. Mixed in with all these tasks, the attorney will also take care of trademark applications, distribution matters, draft solid non-disclosure agreements and confidentiality agreements and take care of prepping releases.

Hiring a lawyer like this is a guarantee that your legal rights will be protected in an industry known for its particularly fierce competition. Unfortunately there are also stories of abuse of power and control when it comes to the various agreements needed to make it in the entertainment business. Having an expert entertainment lawyer on board will also ensure your co-production agreements are handled correctly, that artist/management agreements protect the artist and management equally, that artist recording agreements reflect the needs of the artist and that director agreements accurately spell out what the director is required to do and receive in return for his or her services.

Generally speaking a great deal of the work an entertainment lawyer does is transactional in nature – meaning they draft a lot of contracts. However this isn’t to say that they don’t handle cases that need litigation or arbitration. Entertainment law is an eclectic mix of subcategories and is also referred to as media law. It has a great deal in common with the field of intellectual property law.

If you were to ask an entertainment lawyer what they do, their answer would likely be that they deal with such diverse areas of law as immigration, securities law, agency, bankruptcy law, labor law, international law, insurance law and employment law. Even these particular categories have further areas within them that have their own unique trade unions, rules, case law, production techniques and negotiation strategies.
For example if you hire an entertainment lawyer to deal with agreements, contracts and options, etc. in film, they would also need to be well aware of chain of title, finance; and what screen writers, film directors, composers, designers and actors do. This would also include post production, trade union issues and distribution issues, and motion picture industry negotiations distribution. As you can see, having a highly skilled entertainment lawyer on board will make all the difference in the world to how smoothly your operation runs.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Making music may be fun, getting recognized isn’t always easy, but when that happens, it’s definitely time to bring a lawyer onboard to make sure you are protected as your career takes shape. It doesn’t matter if you’re a band or solo, the fact is if you are the new kid on the block, you are fresh fodder to be taken advantage of in the entertainment business.

If you’re thinking right about now that it couldn’t possibly be “that” complicated to have a contract written, signed and be on your way, then it’s time to do your homework about what really happens in this business. It’s not unusual to see music contracts that are 30 pages or more, and most of them are so complicated only an entertainment lawyer is able to make heads or tails of them. Unfortunately, most of them are also couched in terms that are so circuitous that many artists take one look at the legal document and beg to see the places where they have to sign.

Obviously signing something without reading it isn’t a good idea, especially in the music industry, as there are a lot of contracts that musicians have to sign. One mistake by signing a contract you didn’t really pay much attention to could mean being stuck with a lousy record company, a bad distribution deal, or a shady manager, agent or promoter. If that happens, your career could be over before it even got started. Like the old saying, “Buyer beware,” make sure you know precisely what is in any contract you sign.

It’s not just dealing with contracts for agents and recording companies it’s also managing issues like copyrighting your music, ensuring you have a trademark for your band name, and having a logo designed. This can be done for an individual as well, and it’s called branding, or brand name recognition. Think Shania Twain or Mariah Carey.

This still isn’t the limit to the issues you will face when it comes to what is contained in the various agreements you need to sign; they may also include licensing contracts, festival and concert contracts, promotion deals and publishing contracts. Each contract you sign has even more convoluted clauses and provisions within it as well. Being a musician isn’t for sissies or total novices when it comes to legal issues. Always consult with experienced legal counsel when it comes to getting a contract that protects your rights.
Your entertainment lawyer will have highly specialized knowledge of things like advertising law, employment law, immigration, negotiation, ring tones, mechanical licenses, peer-to-peer file swapping, synchronization rights, digital rights and a superb knowledge of how music is created from start to finish – the mixing to the mastering. They will also have a good working understanding of the roles of a producer, promoter and manager.

The best advice to give someone just starting out in the music industry is to seek legal representation for everything because it is essential. No one wants to get saddled with a lousy one-sided contract.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

A breach of contract lawsuit isn’t quite as straightforward as many people might think. It isn’t just a matter of someone making a promise and then not following through. There is more to it than that, as not all promises are enforceable in a court of law. The real question becomes just what is a legally enforceable promise as compared to those little promises people make, and then don’t actually follow up on them.
To know what is enforceable is to know what is not enforceable, and that would include things like promises or jokes that a reasonable person wouldn’t take seriously; any undertaking made by someone under the age of 18; assurances made by someone with mental problems; oaths to commit illegal acts and pledges not in writing when they are required to be in writing. There are many other vows that are not legally enforceable as well, but these are best discussed with a skilled Sacramento business lawyer when discussing the possibilities of a breach of contract lawsuit.

There is a fairly strong emphasis on the use of the term “reasonable” in the justice system. This is due to the fact that many cases are decided on the basis of what a “reasonable person under similar circumstances” should have known or done. In other words, that “reasonable person” makes their presence known in the courtroom and to juries trying to arrive at a decision as to whether or not a legally enforceable promise has indeed been shattered. If a contract has been violated, the person who caused the damage (broke the promise) must make it up to the person who lost the benefit of the original promise in the first place.
Suffice it to say that a legally enforceable promise then becomes one made by an adult of sound mind to do or not do something on which another person relies. It’s often not quite that simple, which is why consulting an expert Sacramento business lawyer is a necessity in breach of contract cases. Deciding if a lawsuit is worth it, depending on the facts of the case, may be the first hurdle to surmount, as lawsuits are expensive. There is the option to sue in small claims court, but the limit in California is $7,500.
The best thing to do if faced with a possible breach of contract situation is to discuss all the details of the possible case with a Sacramento business lawyer. Choose battles like this wisely, as much may be riding on the outcome.

To learn more, visit Lawbarron.com.

California has an unenviable record of having the highest number of wrongful deaths caused by drunk drivers. In fact, the statistics show that on average, every year, over 42,000 people are killed in alcohol related crashes nationwide. In California, the yearly number of those killed in crashes is 4,229 with 36% of those being alcohol related deaths or 1,509; a staggering number of needless deaths.

It would then make sense that the laws in the Golden State are as tough as the dickens and that California leads the nation in DUI arrests. Law enforcement is deadly serious about stopping drunk drivers from killing others. Thanks to the state having two statutory offenses for DUI it is easier to make more arrests.

The first offense is called DWI, DUI or OWI meaning driving while intoxicated or impaired, driving under the influence, or operating a vehicle while impaired. No matter what it is called, charges laid for these offenses are based on police observations that include slurring while talking, driving erratically and possibly a roadside sobriety test. Other things will likely happen at the same time and they may include immediate suspension, a field sobriety test and checking ignition interlocking devices installed in the vehicle (if any).
The second offense is referred to as being “illegal per se.” This simply means that a person is driving with a blood alcohol content of 0.08% or higher. This has actually been an offense since 2002 in all 50 states.
The thing to remember about going to court in California is that offenders may find themselves facing a wide variety of penalties depending on the charges, e.g. causing death, personal or property damage and injury. Generally speaking, a first time offender may face jail time and/or probation from three to five years, pay a fine and lose their license for six months. This tends to vary with the specifics of the case and each case is different given the circumstances so “one shoe does not fit all” when it comes to punishment on conviction.

Second offenses within seven years of the first offense may face more jail time, fines of up to $10,000 and suspension of driving privileges for not less than three years. Again, the facts of the case will make the difference in how it is handled when or if it does get to court. Interestingly enough, there are two schools of thought on automatically finding drivers guilty. Some attorneys feel a driver then loses their right to have a trial by jury. On the other hand, there are lawyers who argue that legal per se is a preventative measure to stop a drunk driving death every 30 minutes. Suffice it to say that the “jury” is still out on this issue and in the meantime, the DUI justice system carries on.

If the convicted offender chooses to continue to drink and drive, each subsequent offense nets longer jail terms and higher fines. If that person hits their fourth charge, this is considered to be a felony DUI. Felony DUIs definitely require the expertise of a skilled attorney.

To learn more, visit Lawbarron.com.

It goes without saying that any business, regardless of size, needs to have a comprehensive general business policy in place. Why? Without having a general business policy in place, the problems would be monumental. Along with the stated company policies there must also be a well written company employee manual and company procedures. In the event of a lawsuit, these documents are paramount.

This is where the services of a Sacramento business lawyer/ litigator come into play. A business litigator is a Sacramento business lawyer who handles actual court cases. This is not to be confused with transactional lawyers who deal with contracts and corporate matters only. In other words, the business litigator has the skill set and experience to handle the demands of business lawsuits in a court setting.

While it’s not always a good idea to go to court, it solely depends on how high the stakes happen to be in the case. Litigation does have some definite advantages and one of those is the potential financial gain. In fact, one of the leading disputes in business lawsuits usually deals with money. In cases like this, it is possible to get punitive and compensatory damages as settlement.

Oftentimes the plaintiff will be applying for injunctive relief to stop a competitor or ex-employee from blabbing a trade secret around town. If it doesn’t make sense to litigate from a strategic point of view, then there are usually other alternatives to be considered and your business lawyer will spell them out for you (alternative dispute resolution). This kind of decision, to sue or not, is often based on whether or not you have the upper hand in the lawsuit. If not, it might not make sense to proceed. After all, you have to think about the future of your business as well.

Taking a business lawsuit to court is by no means an easy task. It involves hundreds of hours of prep time. If you happen to be facing a lawsuit, you will thank your lucky stars that you had the sense to have a set of company policies put in place as a preventive measure for this very type of situation. Never underestimate the value of having a corporate compliance program.

Whether or not you ultimately choose to file a lawsuit or opt for alternative dispute resolution, speak to a highly skilled Sacramento business lawyer to define the lay of the landscape prior to making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

To put this another way, think about protecting those conceptions of the mind and you are on the right track if you realize that those mind creations are actually property. Thus intellectual property rights are granted for handiworks of the mind. Those creations “belong” to someone and should not be infringed upon. Aside from the fact that the ideas and works should not be stolen, there is an underlying principle that recognizes people who create ought to be rewarded for their innovations, often financially, so they keep on creating.

Without confusing the issue too much, there are two types of intellectual property: copyright and industrial property. Industrial property lays claim to patents, industrial designs and trademarks. Trademarks are used to differentiate one product from another and that usually means using things like sounds, smells, signs, shapes, symbols, colors and brands.

Patents give the inventor a window of opportunity to stop others from creating, using or selling their inventions or creations without being authorized. On the other side of the coin, copyright applies to artwork like sketches, photos, sculptures and paintings, and literary works such as films, plays, books and poems. There are other areas covered as well, but for a full discussion of this area of law, it’s best to speak with a Sacramento business lawyer who has expertise in this area, as it’s a complex domain and sometimes understanding what is protected and why is a bit difficult to grasp.

Copyrights give authors the exclusive right to their works, but for a defined period of time. Again, discuss this with a Sacramento business lawyer who will also explain that copyrights must be renewed if the original creator wants the chance to promote their creation and derive financial benefit from it.
If you feel that your intellectual property rights have been violated, discuss your potential case with a Sacramento business lawyer to determine if you indeed have a case. Intellectual property rights cases tend to be complex and lengthy, but that is not to say they are cases that can’t be won.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

When it comes to neighbor disagreements and pointing fingers at each other, the top reason for getting into a battle royale happens to be trees. Yes, that’s right, fallen trees. When things like that happen, one hopes there is a cordial rapport between the neighbor whose tree fell and the neighbor who now has the tree right in the middle of their picture window.

“In theory, a tree falling over during a major storm is considered to be an act of God. That would mean no one would technically be responsible for the damage, even if the tree was at one time in one person’s yard. The house that sustained any damages would (also in theory) have homeowner’s insurance and be able to place a claim,” said Deborah Barron, of the Barron Law Office in Sacramento, California.

That’s just one example of what has the potential to light the fuse under one neighbor. Another one, with a few small changes in details, may tell a totally different story. “For instance, if the tree that crashed into the neighbor’s picture window was being trimmed at the time, chances are the tree owner is at fault. What if the tree’s owner was negligent in maintaining the tree properly and it had rotted away inside becoming a hazard just waiting to be blown over?” suggested Barron.

In many of these cases, it’s pretty hard to actually prove anything about causation after the tree has taken a tumble, which means in a lot of instances, the victim’s insurance antes up payment to allow the victim to get repairs done. Herein lies the conundrum. In order to maintain a good relationship with one’s neighbor, it might make some sense to offer to help pay the deductible for the insurance – so long as it was truly an act of God that caused the tree to fall. If it wasn’t, and things go from bad to worse with the neighbor, it’s time to consult with a lawyer and salvage what’s possible.

“Mediation is another alternative solution, and there are other cities in the US that have programs especially designed to assist fighting neighbors in dealing with issues like fallen trees and barking dogs – the second biggest complaint one neighbor has against another, along with excessive noise and encroachments on property like – well – trees,” added Deborah Barron, of the Barron Law Office in Sacramento, California.

When all else fails, then speak to an attorney who is able to handle situations like this with skill and a fair dash of mediation skills as well.

To learn more, visit Lawbarron.com.

While this isn’t always a reality for everyone, getting a large payment from the IRS is entirely possible depending on what is done to achieve that goal. “In this instance, all a person would need to know is how to access the IRS Whistleblower Reward Program and then have pertinent information that pans out,” outlined Deborah Barron, of the Barron Law Office in Sacramento, California.

All the IRS wants from people who access the Whistleblower Program is for them to step up and report tax fraud. It’s that simple, and yet that complex all in the same breath. “It takes a great deal of courage to step forward and be counted and identify tax fraud,” added Barron.

This particular rewards program actually pays out a hefty amount of money based on a percentage of any underpaid taxes recovered by the IRS. The percentages aren’t small potatoes either and range from 15% to 30% of the money the IRS recovers. They keep the balance, of course.

The bigger the tax fraud reported, and subsequently verified and acted upon to obtain recovery, the bigger the reward payout. “For instance, let’s just make mention of one well-known $3.4 billion tax recovery from a major drug company who had been cheating on their taxes. They’d been participating in offshore tax fraud and someone blew the whistle,” explained Barron.

It seems like it was a good year for drug companies to pay the piper what was stolen, as yet another drug company had to ante up $2.3 billion to settle on allegations of tax evasion. This particular big Pharma outfit shifted profits offshore and once again, someone objected to the less than honest tactics and turned them in. “In both instances, the whistleblower rewards ranged as high as $1 billion. Imagine that kind of money for merely telling the truth,” said Deborah Barron, of the Barron Law Office in Sacramento, California.

The kind of tax evasion that typically pays the bigger rewards to whistleblowers are instances where a company (drug, high tech, telecommunications, etc.) is hiding ownership of patents and other large assets (manufacturing processes, franchises) or other intangible property rights to an offshore company it either owns or is affiliated with in some way.

If someone has reliable evidence of schemes like the ones discussed here, the IRS will get on it. If there are taxes owing and they collect, there is a reward. This is a real short cut to becoming a billionaire.

To learn more, visit Lawbarron.com.

It’s an interesting world out there, full of signs, slogans, logos, books, artistic work, and too many other things to mention in a short article. But the main thing to know is that there is a distinct difference in what a trademark is, what copyright means, and what one does with a patent.

Trademark rights act to protect a word or logo as being “the” source for goods/services. E.g. Nike. The instant anyone says that word, we all think of running shoes and well, Michael Jordan. This is the true definition of a trademark. Now here is the interesting thing. You don’t need to file for trademark registration to have common law trademark rights, but let’s put it this way – if you don’t file and someone infringes on those rights, you’d have a tough time enforcing them. So, it’s best to be safe and not sorry, and file with the US Patent and Trademark Office.

Other things that registering will do for you is provide the “presumption” you’re the trademark’s rightful owner and gives you statutory damages against someone using your mark in bad faith. Once your “mark” is registered, you need to remember to always keep protecting it to keep your trademark rights.

The Copyright Conundrum

The easiest way to explain copyright is to say that if you create something and it falls under the definition of being a creative work, it’s up to you who makes copies and how many copies. Of course, there are exceptions, and knowing what those exceptions are happens to be important.

At this point, it’s usually smart to contact a lawyer well versed in this area, as this type of law has the potential to be extremely complex. By the way, you may sell or even license this copyright, or if you have done work for someone else, then they buy this right in advance.

The major difficulty is defining what constitutes a creative work. Legally, it has to exist in some tangible form – on paper, a disk or even written in stone. However, what it’s written on isn’t what makes it creative. To be creative, it can’t be just straight factual data; that is where an easily understandable explanation usually ends, as there honestly is even an element of creativity to coding in computer language.

Anything you do that is classified as creative writing, creative editing, etc., is copyrighted. So the distinction is this: the facts can’t be copyrighted, but a very clever and creative organization of those facts may be. This is referred to as compilation copyright. In short, this area may make your head spin, so speak to a copyright lawyer who has their head on straight and can outline what you need to know.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

The number of people that die in the US every year as a result of medical mistakes is higher than the number of people killed in car crashes on an annual basis. This is hardly a spectacular record to be proud of either.

Aside from death as a consequence of errors, injuries resulting from medical mistakes are even more common, and sadly, don’t get reported that often. In fact, there is a lot of carnage that seems to lie just below the surface of the medical profession that no one wants to directly address. You know it’s more than “just a problem” when the Kaiser Family Foundation actually carries out a study on medical mistakes.

The results of the study were quite interesting and raised a few eyebrows in the process. There were 1,200 adults involved as well as 800 doctors. Turns out that roughly 35% of the physicians commented that either they or members of their family had experience with medical errors. The errors were not of the benign nature either, and resulted in severe pain, long-term disabilities and death.

The very fact that doctors were the victim of other doctors and medical personnel should have awoken a few people. In fact, the Kaiser study did collect data that pointed to the medical community being unwilling to change to make a difference. This of course, left medical malpractice attorneys on the leading edge of demanding change in the medical system.

It’s interesting that taking legal action against a doctor would seem to be the only solution to get any real changes made within the system; however, this makes much more sense when put into perspective. Most physicians are relatively indifferent to regulating themselves and/or making changes to procedures to avoid mistakes. Now that’s a chilling thought in itself.

Oddly, doctors also seem resistant to trying built-in system checks, such as taking a pharmacist on rounds or cutting back the number of hours a resident has to work. This is odd because these things would make a big difference in addressing the issue of fatigue, a primary cause of medical errors.

In the meantime, the other option appears to be suing for redress of a medical error and perhaps forcing the medical community to begin to police itself.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

While the labor law in California attempts to find a delicate balance between the employer and the employee’s rights, much of this balancing act is undone by the unfortunate occurrence of discrimination in many forms, one of which is racial discrimination.

Also called racial prejudice, racial discrimination is something that people would like to think went out with the advent of the human rights movement. Unfortunately, that doesn’t seem to be the case in many workplaces in California. “Although the law clearly states that a person may not be discriminated against because they are a different race, unfortunately there are many companies – even today in the 21st century – who go out of their way to make things difficult for some to be treated fairly at work,” stated Deborah Barron of the Barron Law Office in Sacramento, California.

Some of these discriminatory acts include things such as adverse hiring procedures weighted against certain racial categories, the assignment of difficult or dirty tasks to those of color, a greater workload for those individuals, lower salaries, fewer benefits, fewer chances or no chance of promotion and lack of training that others are required to have for the job.

Several other areas where discrimination may rear its ugly head also include not allowing those of color the same access to company facilities and equipment, not offering them the same kind of support and access to dispute resolution opportunities, and terminating them for vague reasons and hiring a white person to replace them. “While many of these activities may look innocent enough on the surface, when all of them are taken into consideration during an investigation, it’s hard not to assume there is evidence of racial discrimination,” said Barron.

There are two types of discrimination a worker may face on the job and those include disparate treatment and disparate impact. Disparate treatment mainly refers to acts of discrimination that an employer perpetrates against a person of a different race.
Those acts might involve insults and offensive remarks that create an intolerable workplace. Disparate impact refers to the company implementing rules and regulations that exclude certain classes of individuals applying for a job, asking for a promotion or a raise.

The bottom line is that racial discrimination laws guarantee protection for workers who have faced harassment or have been fired from their jobs because of their race. “Consulting with a knowledgeable attorney will go a long way toward getting justice in situations like this,” commented Deborah Barron of the Barron Law Office in Sacramento, California.

To learn more, visit Lawbarron.com.

“If a case of sexual harassment is filed in California, it is filed under the auspices of the California Fair Employment and Housing Act, and may fall into one of two categories – hostile work environment or the quid pro quo theory,” indicated Deborah Barron of the Barron Law Office in Sacramento, California.

To further differentiate these two categories, in one (hostile work environment) the complainant needs to have been harassed by a fellow worker; in the other, the harassment could have taken place at the instigation of a supervisor (the quid pro quo theory).

“Without getting too technical, if an employee is complaining of a hostile work environment, then that person’s co-workers or supervisor needs to have been making repeated unwanted sexual advances in such a pervasive manner, that working conditions are totally intolerable (meaning the workplace is a hostile environment),” explained Barron.

If these kind of shenanigans are going on already, it may be that the employee feels their job security is predicated on giving in to the other person’s sexual advances. This situation is a prime example of quid pro quo. Nowhere in the code defining these categories does it specifically state that the people involved need to be a male and a female only, nor does the code address same sex harassment specifically. “This is usually where case law comes into play,” said Barron.

“We know of one landmark case in which the court held that a cause of action for sexual harassment may be filed by a member of the same sex as the harasser under the auspices of either quid pro quo or hostile work environment,” commented Deborah Barron of the Barron Law Office in Sacramento, California. The whole point is that even if someone of the same sex harasses a person, it does not deny him or her the right to protection under the law.

If facing a situation such as this, now is the time to contact a highly qualified employment attorney to get advice and find out what protections the law offers people in this kind of a situation. Knowing what rights are accorded to people facing these types of situations goes a long way toward making informed decisions about how to proceed with any potential lawsuit.

To learn more, visit Lawbarron.com.

When you’re walking across the street, you should feel safe, not like you’re a moving target. Unfortunately, walking across a crosswalk is not a cakewalk any longer, as the incidents of car versus pedestrian accidents are on the rise. All it takes is for one inattentive driver, perhaps talking on a cell phone, to run a red light and – the consequences may be deadly.

One of the most disturbing statistics, when it comes to car/pedestrian accidents, is the fact that many of the “at fault” drivers insist they never saw the person they hit. How could they have not seen a pedestrian? Most often the answer may be one of several things, including the fact that they were combing their hair, trying to access their email on their phones, paying attention to a GPS device or yakking with their passenger, and not paying attention to their surroundings.

It’s rather obvious that in an accident of this nature, the pedestrian is going to wind up on the short end of the stick, with either very serious injuries, or they may not live through the experience. If you don’t think the number of deaths as a result of being hit by a car are that high, consider the statistics from the National Highway Traffic Safety Administration, that indicate almost 70,000 people meet their death in this manner yearly.

The end result of this carnage for survivors is quite often head trauma or Traumatic Brain Injury, broken or shattered bones, and either permanent or temporary disabilities. To say that the individuals who were hit experience a significant change in lifestyle thanks to a negligent driver, would be an understatement.

If you have been hit by a car crossing at a crosswalk, or have experienced injuries as the result of a car accident caused by the negligence of another, contact a highly skilled personal injury attorney. S/he will sit down with you and discuss the facts of your potential case. Your attorney will ensure you receive justice.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

The regulations that accompany RESPA actually represent one of the biggest shifts in the real estate industry since the Real Estate Settlement Procedures Act came into being. What do the new regulations mean? In most instances, they mean you will need to redefine your sales and marketing strategies. It may seem a bit confusing since you’ve likely been doing just fine prior to this new wrinkle being introduced.

Here’s a bit of history about the RESPA, which has a significant impact on everyone involved in real estate transactions. It came into being with the stated goal of standardizing the buying of residential real estate and the reforms in it, among other things, raised the bar for making disclosures to consumers and also streamlined loan processes.

What the RESPA was intended to accomplish is to provide consumers with the benefits of cost savings and better, more transparent disclosure of things such as settlement fees, loan terms and costs. You can well imagine how pleased buyers were to have this new legislation working “for” them and making their ultimate purchase less confusing financially.

Let’s deal with the “less financially confusing” part now. The US Department of Housing and Urban Development (or HUD for those who want another acronym to learn) figures that the more information about the loan application process a consumer has – all the way through settlement – the more informed consumers are; thus, they make smarter purchases. That makes sense if you stop to think about it, but also be aware that HUD has another objective and that is ensuring there is a competitive market for settlement service providers.

So what do we have in the final analysis? The RESPA rules and regulations now include changes to two previous forms (HUD-1 and the Good Faith Estimate document) and the term “required use” has finally been spelled out so people understand what it actually means.

The most interesting change, however, is one that deals with the yield spread premiums lenders pay for loans, and the fact it must be stated as a credit to the borrower upon closing. These reforms have been a long time coming and are a refreshing change to the industry, not to mention a benefit for consumers.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Illegal discrimination is one thing, being given work that isn’t challenging, being given a poor performance rating at work or even being yelled at in the workplace is not cause to file a discrimination suit. “The major distinction is that discrimination takes places when an employer treats an employee differently because that person is a member of a “protected” class – age, race, religion, disability, gender and/or familial status,” commented Deborah Barron, of the Barron Law Office in Sacramento, California.

While being treated differently might not be hard to prove, proving why those differences exist and finding out what the motive is for the conduct is another can of worms altogether. Suffice it to say that it would be a challenge to find out those factors and be able to prove them in a court of law.

It is often difficult to prove discrimination, but it should be pointed out that some forms are easier to get a handle on. “For example, racial discrimination may be quite evident if the employer/supervisor makes constant remarks of a derogatory nature about a person’s race, constantly tells jokes about them and/or uses slang terms to refer to them,” said Barron. Often another telltale sign is if the employer is slowly replacing workers of a certain race with others of a different ethnic origin, which may be the same as the employer.

Discrimination of a medical nature (disability) often may be implied or outright proven causally if an employee was let go or given a demotion right after they suffered a serious injury or had been diagnosed with a debilitating medical condition.

In the area of age discrimination, the proof may lie in demonstrating the company fired an employee over the age of 40 or 50 without any other valid reason (poor performance, etc.) and then got a new person who is younger. “If a consistent pattern exists of the company doing this kind of thing, it’s fairly strong evidence of age discrimination,” explained Deborah Barron, of the Barron Law Office in Sacramento, California.

There are many faces of discrimination in a workplace and if faced with a situation such as this, consult with an attorney who has experience in this area. “The attorney will advise the plaintiff of their rights and outline what steps would need to be taken should the complainant wish to file a discrimination lawsuit,” explained Barron.

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

The idea with sexual harassment training in California is to stop it before it gets a foothold in a workplace. “The specific legislation used in California is dubbed the AB 1825 law and it outlines some incredibly stringent requirements for sexual harassment training,” said Deborah Barron, of the Barron Law Office in Sacramento, California.

What is unusual about AB 1825 is that it has a very high level of accountability attached to it. The driving point behind this piece of aggressive legislation is that education is the best protection against any potential sexual harassment claims.

California’s legislation also specifically outlines that companies who have 50 or more workers must hold this type of training, although the only people required to receive it are those that hold jobs as supervisors. “The Golden State mandates that sexual harassment trainers must be from one of several pre-determined categories that include an attorney, a law school/college professor, a harassment prevention consultant or human resources professional,” explained Barron. The ideal trainer would have in-depth experience in not only harassment, but discrimination and the boomerang companion complaint in these kinds of cases, retaliation claims.

It is no longer acceptable to just give sexual harassment training a cursory nod and put out a newsletter with tips now and then or have a lecture on the topic. Employers are being mandated to have properly trained personnel teach their staff what they need to know about this inflammatory workplace issue.

California also requires complete documentation of all people who have taken a sexual harassment course. “This doesn’t just mean their names and addresses, it means every supervisor must have a copy of the company anti-harassment policy and provide proof that those supervisors did receive it,” said Deborah Barron, of the Barron Law Office in Sacramento, California. This isn’t just because someone wants to keep good records, as the documentation on the training process must be kept for two years.

Last but not least, California takes the lead over other states in how they teach sexual harassment awareness and prevention. No other state has anything like this. The course must feature skill-building exercises, ways to assess learning, interactive questions that involve all participants, real life examples, methods for reporting harassment, and ready access to the trainer to get questions and concerns ironed out.

Sexual harassment is an issue long overdue for the attention it is now rightfully receiving. “California has taken the reins and proactively put legislation into place to prevent this kind of harassment in the workplace,” added Barron.

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

In this day and age, with things changing at the speed of light, ideas being transmitted around the world with a click of a mouse and books being published online and in print, it becomes almost second nature for people to think it’s OK to use someone else’s writing and call it their own. The same seems to apply to paperbacks, hard copy books, and other written materials.

Copyright law has its origins from earlier times when authors, individuals working in the printing and publishing fields, and journalists needed to ensure their work was protected from unauthorized copying. Legislation to accomplish this protection was first introduced in the 18th century in England. The first attempt at embodying a copyright law gave authors, etc., the right to keep ownership of original works. If anyone wanted to copy those original documents, they had to get permission.

You might see this is where the term copyright came from – because the law recognized a writers “right” to not be copied. Over time, this area of the law expanded and was applied to musicians, photographers, all original drawings (engineering, maps etc.) and even scientific formulas. These days the laws cover even more areas and are far stricter than the original ones.

Imagine if you lived in a time where you could freely take and copy anyone’s works or documents, change them and sell them without the consent of the person who first wrote the material. You’d be making money for the fraud of selling someone else’s work as yours, but the original writer would not be getting any profits. Again, all the more reason for copyright being in place, not only to protect an author’s original works, but to protect their potential source of income.

In 1886, there was an international agreement on the nature and extent of copyright law. The same general agreement, except for it being reaffirmed in 1952, has remained in place (with some legal tweaking) until the 21st century. We’re not so different these days that we don’t see the value in protecting original works of writing, etc.

Today’s copyright laws are very clear on their definition of rights and because they are so clear, there are far fewer legal disputes over its infringement. What may vary in this field are how the law applies to copyright renewals, how long the rights apply, and the question of eligibility for a copyright. This isn’t to say that copyright cannot be transferred because it can, so long as the original author gives their consent.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Renting at the best of times might not be the most wonderful experience, depending on the landlord you have. That having been said, you need to be aware that there are a complete set of rules, regulations and laws that govern not only what rights you have as a tenant, but what rights the landlord has as well. These laws do apply to evictions, which tend to vary from state to state – all the more reason to consult a lawyer if you are faced with eviction.

The first thing you should be aware of, depending on where you live, is that the landlord might not need to provide a reason for evicting you. Check this out before you rent if you don’t want any unpleasant surprises later. In California for instance, there are a fair number of jurisdictions with laws on the books that say the landlord doesn’t have to give you a reason for evicting you. So, before you fight eviction, check with an attorney to find out what laws apply in your state.

Just for the record, other states do have various good reasons on the books for a landlord to evict. Some of them include failing to pay the rent, that a provision in the lease was violated (always read the fine print on your lease first), there are damages to the rental unit or you are a nuisance and/or doing something illegal.

Another reason that landlords may also use is that the tenant is not letting them into the unit to repair things or to inspect it. If you don’t like the idea of someone going into your home to inspect it, then you might want to think twice about the concept of renting.

A notice of eviction cannot be verbal, it must follow specific rules as laid out in the laws of your state. Generally speaking though, the eviction must be contained in a written notice. Whether the reasons for the eviction are contained in that notice may depend on the reasons for eviction in the first place. The length of time to vacate the premises may also range (depending on where you live and the reasons for the eviction) from 3 to 120 days.

Landlords may also file something called an Unlawful Detainer, which indicates you have violated the terms of the rental agreement in some manner. Do not ignore this notice, as it was filed in court and is a valid legal document. Speaking of legal documents, there is another method of being evicted, being served by a Sheriff. Again, this is usually the result of a case that has gone to court.

Read every document you get during this process very carefully, as it might not mean you need to leave right away. There may also be things you are able to do, with the help of a highly skilled attorney, to fight the eviction. You won’t know until you call an attorney and ask for a consultation. Don’t think that you have to fight an eviction on your own, not when competent legal counsel will be able to sort things out for you.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.