Legal

Online identity theft is a serious crime that can clean out your life savings
and leave you with a damaged credit history that may take years to repair.
In the interim, obtaining loans, renting apartments, and even applying
for work can become increasingly difficult. Here is what you can do to
protect yourself:

Internet and computer safeguards:

Before you shop online, install and Update spyware and virus protection
utilities to prevent a worm, virus or spyware program from sending out
files or other stored information from your computer. Install a firewall
on your home computer to prevent hackers from obtaining personal identifying
and financial data from your hard drive. Encrypt sensitive files.

Before discarding your computer, use a strong “wipe” utility to remove
all recoverable data.

Find Out About the Company

If you are unfamiliar with the company, research it before buying from
them. If you decide to purchase something from an unknown retailer, start
out with an inexpensive test order to see if the company comes through.

Trustworthy companies advertise their real business address and phone
number, or customer service line. See if they are listed on the Internet
yellow pages.

Call the company directly to determine if their business is genuine.
Find out how the merchant handles returns.

Read their Privacy Policy

Reputable e-commerce sites should offer a Privacy Policy explaining
how your personal information may be shared with third parties. To prevent
unwanted e-mail (”spam”), junk mail, or phone calls, read their privacy
policies before submitting your personal information.

Verify the Web Site Address

Cyber-criminals have been known to create counterfeit sites that look
like authentic, well-established companies. Check the website address at
the top of the screen, when you first visit an online store and check if
it is the same as the real company’s.

Shop on Secured Transaction Protected Sites

A secure site uses encryption technology to transfer information from
your computer to the online merchant’s computer. There are a couple of
ways to discern whether a site is secure.

At the time of entering personal credit card information, look at
the address bar to see https://. The “s” after “http″ indicates secure.
Often, you will not see the “s” until time of check out.

Another way to know if a web site is secure is to look for a closed
padlock displayed at the bottom of your screen. If that lock is open, you
should assume it is not a secure site. Some browsers indicate a secure
site with an unbroken key.

Shop in the USA

By shopping in the U.S., you are protected by both federal and state
consumer laws. Consumer protection is often unavailable in other countries.

Seal of Approval

For peace of mind, find out if the online store voluntarily belongs
to a seal-of-approval program that sets privacy-related guidelines; such
as, the Better Business Bureau Online ( bbbonline.org/ www.bbbonline.org)
or TRUSTe ( truste.org/ www.truste.org).

Credit Cards VS. Debit Cards, Cash VS. Checks

Because of the federal Fair Credit Billing Act, credit cards are the
safest way to shop online. Under this law you have the right to withhold
payments on disputed charges. It is good practice to use one credit card
when purchasing online to more readily track fraudulent charges.

Personal checks make you susceptible to bank fraud. Money orders may
prevent this but do not offer additional protection in the event of problems
with your order.

Use an actual credit card, not an ATM debit or check card. As with checks,
an ATM card may open your personal banking information to criminals. Debit
cards are not protected to the same extent as credit cards. If you have
to use a debit card, consider using one with a limited balance that you
use solely for online purchases.

Keep Your Password Private

Reputable e-commerce sites may require the shopper to log-in by creating
a username and a password before placing or viewing an order. Never reveal
your password to anyone. When selecting a password, do not use commonly
known information, such as your birth date, or driver’s license number.
Do not reuse the same password for other sites. A good password has at
least eight characters and includes both letters and numbers.

Do NOT Give Out Your Social Security Number

There is no reason for any merchant to ask for your Social Security
number. It is not a requirement for purchasing online.

Disclose as Little Information as Possible

Merchants often try to obtain more information about you than necessary.
They may want to know your leisurely activities, income or interests. This
information may be used for marketing purposes and can lead to “spam”,
junk mail and telemarketers.

Only answer questions you deem are required to process your order. Often,
required questions will be marked with an asterisk (*).

Print a Hard Copy of Your Order

After placing an order, you should be directed to a confirmation page
that reviews your entire order along with customer service information
and a confirmation number. Keep it for your records for at least the period
covered by the return/warranty policy.

Often you will also receive a confirmation e-mail. Be sure to keep it
in your inbox along with any other correspondence until you are satisfied
with your purchase.

For more on Identity Theft, vist SpyFind’s ID Theft Center,
spyfind.com/credit/identity_theft.html spyfind.com/credit/identity_theft.html.

James Banks serves as valuable team contributor to the SpyFind Information Network. For more related articles, visit SpyFind.com, spyfind.com/ spyfind.com/

Life is beautiful but never guaranteed. Death is inevitable and may come at any time. However, despite this suddenness, it is possible to plan for family members and loved ones before this happens. Writing a will solves almost all legal complications after death. It is advisable to hire a will writing service and draft a legal declaration of how possessions are to be distributed or disposed after death.

People may decide to draft a will on their own in the presence of adult witnesses. However, self-made wills are not valid in all states. This could lead to complications and property could be litigated. At times, possessions even end up as state belongings. For the well being of loved ones, a valid will should be drafted. People refrain from doing so because of the costs of hiring legal services. For this reason a number of free will services have evolved.

An increasing number of lawyers are providing free last will and testament packages. This is done keeping in mind future profitability. Most free will lawyers draft wills wherein clauses containing their involvement in all future dealings are included. This makes the testator, i.e., the person making the will, dependant upon the lawyer for any discussion.

A free will forces family members and beneficiaries to consult a lawyer regarding any legal dealings for years to come. While drafting free wills, lawyers have been known to manipulate documents. These may not have serious repercussions but they secure lifelong involvement that comes with a certain fee. A number of lawyers are known to make will files. In simple terms, it means they draft numerous free will packages to gain popularity in the market, which in turn guarantees success for the lawyer.

Nowadays there are a number of websites that provide free last will and testament packages. When lawyers and legal services offer free wills, it is inclusive of a few services. This includes handling distribution clauses and guardianship clauses. This is because in most free will services, the provider acts like the executor of the will.

wills-resource.com Wills provides detailed information on Free Wills, How to Write a Will, Last Will And Testament, Living Wills and more. Wills is affiliated with i-LivingWills.com Living Will Forms.

With identity theft becoming more and more a growing threat for Americans on a daily basis, the identity theft protection business, which was virtually nonexistent 10 years ago, has become a booming industry today. One of the newest companies to enter the arena is a company called LifeLock. The company claims to have the most advanced identity theft protection system available in the market today. The purpose of this article is to provide insight into exactly how the the company’s system works and how it compares to other identity theft products available in the market.

The LifeLock system does basically three things that appear to be different from other identity theft protection services. First, it places a fraud alert on your credit files from the three major credit bureaus. A fraud alert basically requires any creditor using that credit file to grant new credit or an extension of credit in your name must contact you by telephone (using the phone number specified in the fraud alert) or take other reasonable measures to verify your identity and confirm that the credit application is not the result of a stolen identity. These fraud alerts are only active for 90 days and then must be renewed, and LlifeLock takes care of this automatically. Second, they will perform the necessary processes to request removal of your name from junk mail lists. Finally, they will go through the necessary procedures to get you removed from pre-approved credit offer lists, which reduces the risk of someone trying to use pre-approved credit card junk mail to steal your identity. Their claim is that you should see a substantial reduction in pre-approved credit card offers and other junk mail with 2 months of your enrollment.

The main difference between the LifeLock protection system and other identity protection services is in their proactive approach to actually prevent the theft from occurring. This is different from most of the protection services available, some of which act as more of an insurance policy to reimburse you for financial losses that you have incur after the fact. Other identity protection services actually monitor your credit report. These credit monitoring services will alert you in the event some sort of change or inquiry to your credit report has occurred. Often these two services are combined to offer what appears on the surface to be a more comprehensive protection package. But the reality is these services still only help you after your credit has been compromised.

Over the last three years (2003-2005) a total of 28.3 million individuals have been victims of identity theft. That’s 1 out of every 8 individuals in the United States. Many victims spend thousands and thousands of dollars in out of pocket expenses, spend hundreds of hours of time both at home and at work, and lose thousands of dollars in wages due to time spent away from work. Many suffer the affects for years after the theft occurred. Identity theft can have a devastating effect on a person′s life, both financially and emotionally.

The obvious key factor in protecting your identity is minimizing the lead time available to the thieves before detection. Most individuals who have had their identities stolen don′t realize it for many months, and typically only after substantial damage has been done to their credit and their finances. And even though credit monitoring services certainly can reduce this lead time, even a one or two day delay can often be enough time for a thief to do substantial financial and credit damage. This is where LifeLock appears to standout above the rest. The focus on upfront prevention versus after the fact monitoring and recovery can give you substantial peace of mind knowing that your credit and your good credit standing that you worked so hard for are secure.

Matt Collins is an author, the owner of several small businesses and an outspoken advocate regarding the growing dangers of identity theft. He runs an informational website where you can find useful information about lifelock-review.org identity theft products including the lifelock-review.org LifeLock system.

To visit his website go to lifelock-review.org LifeLock-Review.org

The franchised business, that is to say the franchised outlet or franchisee is responsible for their own debts and operating costs. To prevent the possibility of the franchisor being obligated for such it is necessary to make sure to have a clause in the original franchise agreement stating that such franchise outlet operational costs are indeed the sole responsibility of the franchisee, not the franchisor.

In reviewing caselaw on this subject and becoming a little scared, I decided to add a clause to my franchise agreements to address this issue. Below you will find a clause that I inserted into each and every franchise agreement for our company;

3.25 Operating Costs

Franchisee will maintain and pay its own cost of doing business, including but not limited to rent, telephone, utilities, insurance, licenses, certificates, registrations, permits, payroll, equipment lease payments, royalties, bank fees and other fixed and variable expenses. All the costs of the Franchise, including opening and operating costs, will be Franchisee’s sole obligation. Franchisor will have no costs, liability or expense whatsoever with respect to the opening and operation of the Franchises Business. Franchisee will not use or employ the Service Marks in performing any activity or incurring any obligation or indebtedness in a manner that could result in making Franchisor liable for them.

– — – — – — –

Although normally franchise attorney will address this issue and have a boilerplate clause ready to go for your franchise agreements, you should make sure to ask questions about this issue and be sure to find a franchise attorney who prepares franchise documents, which is experienced and knowledgeable in this subject matter. I hope you will consider this in 2006.

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With identity theft and the security of personal and business information becoming increasing points of concern, paper shredders have become an essential item in any office or home. Any sensitive document that contains information like a Social Security number, birth date and credit card information should be shredded. If you don’t already own a shredder, you will find them available in everything from personal sizes for the occasional home user to big, industrial sizes for offices. The following article explains the main differences between the two most popular types of paper shredders available.

Cross Cut Shredders

Also known as “confetti” shredders cross cut shredders offer maximum security, there is little chance that an enterprising thief can piece the papers back together again. Cross-cut shredders provide more security by cutting paper vertically and horizontally into confetti-like pieces. They use two contra-rotating drums to cut rectangular or parallelogram-shaped shreds.

Probably the most well-known paper shredder manufacturer is Acco Rexel. Acco Brands products are marketed in over 100 countries across the globe. They are the largest suppliers of paper shredders in the U.K.

Paper shredders are divided into three categories: heavy use, for 10 or more users; medium use, for 6 to 10 users; and light use, for 1 to 6 users. Acco Rexel also offers machine models designed for use in homes or home offices. Heavy-use shredders can shred from 7 to 38 sheets at a time. All of its shredder models are able to handle a variety of items, such as credit cards, paper clips, and staples. If you think you will need this functionality, be sure to choose a shredder that is capable of destroying these objects.

An advantage of cross cut shredders is that shredded paper compresses better so the basket holds more cut paper, however they may require more maintenance and generally cost more.

Strip Cut Shredders

Strip cut shredders shred documents into long narrow pieces of paper. Although these types of shredders perform the basic job, they are not as secure as cross cut shredders because it may still be possible to reconstruct the shredded documents. Strip-cut shredders generally can handle a higher volume of paper with lower maintenance than that of cross cut shredders. But the strips don’t compress as well as crosscut shreds, so you’ll need a larger basket (or more frequent emptying)

Shredders can cost anywhere from about $40 to over $10000. Before choosing one, keep in mind that each shredder can only handle so many sheets in a session, ranging from approximately 80 to 920 sheets. Shredding sessions vary from two to 10 minutes, so if you have a large number of documents to shred, you may need to complete your work over the course of a day. Most shredders require a cool-down period, ranging from 4 to 30 minutes; if you need a frequent-use shredder, be sure to check for that specification.

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Mistake #1 Doing Business Before the LLC is Formed.

You are personally liable for any business activities or transactions that take place before your LLC is formed. A person can sue you years later for something you did today. If your business becomes successful, those early acts could cause you to be the subject of a personal lawsuit. Don’t think it has not been done. With over 70,000 lawsuits filed a day, this world is filled with people and their predatory litigation attorneys looking for successful small businesses to attack.

Mistake #2 Failing to Actually Issue Ownership Interests in the LLC.

Many business owners create an LLC but never actually issue ownership interests (known as Membership Units) to the persons that are going to be owners of the LLC (known as Members). It can be easy for you mistakenly think that because you created the LLC, you are automatically the owner of the LLC. The fundamental premise of an LLC is that it is its own separate entity. When an LLC is formed by a state agency, it does not have owners. Membership Units or a percentage interest in the LLC must be issued to the persons who will be the owners. This issuance transaction should be in writing. The LLC Operating Agreement is the typical place where the LLC issues shares to Members. Make sure that after your LLC is formed, you complete this next step.

Mistake #3 Failing to Create a Management Structure.

An LLC needs to have a management structure. A management structure determines who has the authority to make decisions on behalf of the LLC. There are two management structures. A member-managed LLC is when the members automatically have the rights to operate and manage the LLC business. The second is a manager-managed LLC which creates a corporate type structure. A Board of Managers is created and persons who are appointed to that Board have the authority to run the business. The best place to create a management structure is in the LLC’s Operating Agreement. All LLC’s should have an Operating Agreement as this agreement creates the set of rules for your LLC.

Mistake #4 Failure to Get Investment Obligations in Writing.

The LLC Acts of most states require that all agreements by a Member of an LLC to contribute money to the LLC must be in writing. An oral agreement is not enforceable under the law. If you are planning on starting a new business with other persons, you will likely get together and decide on how much of the business each of you will own and on what obligations each of you are agreeing to with respect to that business. Obligations usually include how much money you are each going to contribute to the business or what kind of services and time commitment each of you will devote to the business.

These conversations take place but in many multi-member LLCs, they are never placed in writing. Without a writing, any oral promises are not enforceable. If you issue Membership Units based on an oral promise and the Member fails to deliver, you cannot take back the Units.

Mistake #5 Thinking that an LLC is a Foolproof Layer of Liability Protection

Yes, it is established that a Member of a properly formed and maintained LLC is not liable for the debts, obligations and lawsuits of the LLC merely by being a Member of the LLC. But, in a realistic business context, persons who are Members are usually not passive owners of the LLC. They are also active managers and operators of the LLC business.

In today’s litigious world, all businesses should be run through a limited liability entity such as an LLC. The LLC liability protection is a significant protection vehicle. However, the LLC layer of protection does not extend to all potential liabilities that can arise in the midst of running an LLC. Do your homework in performing the administrative and other tasks of your LLC and retain the proper professionals to advise you when appropriate. There are certain standards and formalities you need to meet or else you run the risk of being personally liable (this risk is known as piercing the veil risk).

The LLC laws do not cover personal negligence. Your LLC should always have insurance to cover these types of business related accidents. Do not ever think that the LLC is enough to protect you in these circumstances. Similarly, there are some laws that hold you liable regardless of whether you are operating through an LLC. The most obvious one that might apply is if you are a licensed professional. Doctors, lawyers, accountants, real estate brokers and dentists, for example, are always personally liable for acts of malpractice. If you are a licensed professional, make sure you get the proper insurance. Also, there are certain tax, environmental and securities laws that you can be held personally liable for if your LLC is in violation of those laws and you were the responsible manager.

Finally, you cannot use your LLC to engage in fraud or hide behind the LLC to protect yourself when you engage in fraudulent or unlawful acts. If you break the law or try to defraud others, the law will hold you personally accountable.

In summary, the LLC is a wonderful vehicle for providing Members with limited liability protection. But, in order to preserve that protection, you cannot just form an LLC and then forget it exists. Make sure you do the necessary things to honor your LLC as a separate entity and also know that the LLC should not be your sole means of protection- get insurance when it makes sense and always invest in the required knowledge for operating your business which includes getting the right help when needed in your business!

Copyright (c) 2007 Amyli McDaniel

Amyli McDaniel is a business lawyer with over 10 years experience representing small businesses. She has particular expertise in the LLC or limited liability company - a popular legal entity for small businesses. Amyli is the author of the popular eBook “The Six Step LLC Formula for Limited Liability Protection″ and founder of

California is a beautiful state, also known as the sunshine state. It is famous for its beaches, vineyards and tourist destinations. It is a tourist haven, with millions of tourists flocking from all over the world to soak in the sun and the surf. But with this come drunk drivers and ill-informed tourists who do not know the laws well or the roads well. This leads to car accidents that cause injury to innocent victims and property as well.

Victims of accidents suffer physically, mental trauma as well huge financial losses. Their family members and dependants suffer as well, especially in cases of death due to a deadly accident. Compensation is available to the victims of such cases of accidents. But due and appropriate representation is definitely needed.

If not appropriately represented, the chances of the defaulter pressurizing the victim or the insurance agency pressurizing the victim for a pitiful out of court settlement are pretty high. This would leave the victim with little or a negligible amount for due treatment and future financial support.

There are lawyers based in California, well versed with the local laws and experienced in such accident cases, who can assist in representing the victim in front of the court to get a justified compensation. The lawyers will gather enough evidence with the help of the victim to properly create the case as per the state laws and present it in a fashion that would help the victim get his due.

Finding and hiring the right accident lawyer, with a good track record and enough experience will ensure that the victim is not only compensated for his injury, but also duly compensated for loss of limbs that would render the victim an invalid.

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A driving under influence of drugs or alcohol (DUI) offense often involves complex procedures and severe punishments. Driving under intoxication is a risk to both the driver’s life and lives of other people on the road. In Los Angeles, DUI is regarded as a crime, and a person is not allowed to drive a vehicle, if they are caught with a blood alcohol level of 0.08 percent and above. Hence, when people are caught and charged with a DUI, they face severe penalties, including suspension of their licenses. This is when, DUI lawyers are consulted, as they have an important role in the legal proceedings. DUI lawyers specialize in DUI laws, and help in providing all necessary legal representations, on behalf of their clients in the most efficient manner. Certain DUI lawyers in Los Angeles are regarded as the best due to their consistency in obtaining favorable results for many of their clients.

Lawyers are generally graded with reference to their experience. Certain law firms in Los Angeles have the best DUI lawyers, with a combined work experience of, 112 years. These lawyers are experts in criminal defense, as DUI comes under, the criminal law of the state. They are well revised and familiar with all the details and facts related with DUI offenses. There are different kinds of tests involved while inspecting a DUI offender. Hence, the best DUI lawyer must be well versed about blood analysis, breath tests, drug recognition evaluation (DRE), and urine tests, in order to protect and defend the clients, in the most appropriate way. Most DUI lawyers in Los Angeles work on a contingency fee basis and provide initial consultations free of cost. The best ones are those who make sure that, the case of their clients, are dismissed by the court. The best resources to find the best Los Angeles DUI lawyers are the Internet, yellow pages, law centers and libraries.

The best DUI lawyers in Los Angeles strive to get the most favorable results for their clients while maintaining high ethical standards. These lawyers not only provide the best legal advice, but also direct the offenders to good professional services, in order to help them with their alcohol problems.

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If you are hurt or harmed, you are injured. The term injury means damage caused to the structure or function of the body. It may have been caused by accident or inflicted deliberately by an external agent. Or it could have been caused by physical or chemical agent or force. The result may be injured feelings or reputation. It need not be injury to the body. Injury can be categorized as hamstring injury, cold injury, needle stick, trauma etc.

Hamstring - Tendons at the back of the knee or the side walls of the hollow behind the knee. Pulled hamstring happens to any one in sports.

Cold injury - It happens to those, mostly young and elderly, with and without freezing of body tissues.

Needle-stick injury - A needle or any other sharp object can cause a stab wound that will lead to exposure to blood or other body fluids. Before anything happens, wash needle-sticks with soap and water.

Trauma - It is a serious bodily injury, wound or shock. Physically or emotionally inflicted injury is also called Trauma.

People with severe injuries are brought to hospitals. Excess heat or cold frostbite will cause injuries or burns. Injuries to the bones are fractures. Cuts and grazes are injuries to the skin. Laceration or bleeding is the result normally. A bruise is a hemorrhage under the skin caused by contusion.

Emotional injury can be explained in detail. Damage to one’s self respect or social standing is an emotional injury. Sexual harassment can cause deep emotional injury. Athletic or sports injuries happen in every sporting event.

There is an element of risk of death in cases of serious bodily injury to the victim.

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It’s an unfortunately reality of life that, at some point, you’re going to need the services of a lawyer. It doesn’t matter if you live in California, Indiana, or Tennessee, you’re bound to need a lawyer one day. But don’t wait until you’re in desperate need before you learn about the different types of law practices and how attorneys can help. Here, then, is an overview of what you can expect from different types of law practices.

Criminal Defense

As its name implies, a criminal defense lawyer represents those who have been charged with a crime. The crime may be drunk driving (DUI), drugs offenses, or something even more serious. If you or a loved one are charged with a crime, it’s important to retain the services of a criminal defense attorney immediately. He can be present to guide the defendant through the police interrogation process, as well as through the preliminary hearing. He can negotiate a plea on the defendant’s behalf or prepare a criminal defense should the case go to trial.

Family Law

Family law generally involves matters relating to divorce, child custody, and child support although a family law attorney can also be helpful in paternity issues. If you feel as though you want to dissolve your marriage, or that your spouse is intent upon breaking up, it’s time to consult a family law attorney. He can bring an objective sensibility to what is by definition a time of emotional upheaval. He can help you clarify what you need and want in terms of a divorce settlement and child custody, and can do his best to ensure that all parties come to the negotiating table with clear heads and tempers in check.

Personal Injury

You will need the services of a personal injury attorney if you are injured in a slip-and-fall, hurt on the job, or are injured in an automobile accident. You would also consult a personal injury lawyer if a loved one tragically dies as a result of another’s carelessness, in order to file a wrongful death claim. Although personal injury lawyers often get a bad rap, the truth is that when you′re injured and in pain, you′re not in the best position to negotiate on your own behalf. If you experience injury as a result of another’s negligence, you deserve to be justly compensated. A personal injury attorney will help ensure that your interests are represented.

General Practice

Just as there are family practice doctors, who treat you for a variety of illnesses and injuries, there are general practice lawyers who have a number of practice areas. A general practice firm may have attorneys who handle criminal defense, family law, and personal injury, as well as such areas as estates and wills, bankruptcy, immigration, and Social Security. Establishing a relationship with a general practice attorney is a good idea. That way, should you ever have an immediate need for a lawyer, you don’t have to panic or frantically search for an attorney nearby. Instead, you’ll have someone trustworthy to call who can help you with your legal troubles.

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