Legal

When most people think of a law firm, they do not think of a workplace with a great deal of flexibility built in for its attorneys, paralegals and support staff. In fact, most people, including those in the industry, picture a work/life balance that tips heavily toward the “work” side, with billable hours being the primary goal.

Yet, most law firms are not Reno & Cavanaugh, PLLC. In recent years the 30-year-old Washington, DC-based firm, which focuses on housing and community development law, has worked to translate the concept of flexible scheduling from a conceivable practice to a readily used, highly visible one. For instance, Paralegal Barbara Walder, who will celebrate her eleventh anniversary with the firm next month, is able to determine what time she arrives and leaves each day as long as her allocated hours are completed. “Where I live, we don’t have a true bus schedule,” she says. “So during daylight savings time I’m able to change my hours to suit my bus schedule in order for me to get home at a reasonable hour.”

Managing Member Megan Glasheen, named a 2006 Best Boss by Winning Workplaces, deserves much of the credit for Reno & Cavanaugh’s transition to a flexible work culture. Seven years ago, when her daughter, Simone, was born, Glasheen experienced firsthand the challenge of balancing work and personal life. Realizing that her struggle was not unique, she worked with her partners and staff to increase flexibility without sacrificing quality. “There’s a real effort for everybody to be treated equally, to be listened to and respected and to be engaged in the office, and that makes a big difference,” says Jaime Lee, a four-year veteran of the firm who became a partner this month.

Glasheen is excited about Lee’s promotion, both in terms of how it will affect Lee’s career and how it helps the firm retain good talent – a danger area right now in the practice of law. “People are leaving law firms in droves,” Glasheen says. “I think the takeaway from what we’re doing is that you can have a good work environment and still be a profitable business, and that it makes sense for the bottom line because it retains people.”

What else is the firm doing to help its workers succeed? For one, it features a changing roster of operational decision-making committees which are each staffed with employees at all levels, from administrative support staff to senior partners. Martin Walsh, an associate and three-year veteran of Reno & Cavanaugh, is on the steering committee this year and was on several committees last year. “I think it’s valuable to have the committees in place to allow ideas to flow freely between staff, attorneys and partners, and to then allow the decision makers to make the most well-informed decision,” he says.

Reno & Cavanaugh also uses upward feedback surveys – an uncommon measure, especially among law firms. As is the case with many best practices, top-down support was necessary for these surveys to be effective. In other words, the firm’s partners needed to be able to accept feedback from the staff that supports them. Luckily, Glasheen says, that wasn’t a problem. “I’m blessed with incredible partners, and we’re all on the same page in terms of having an inclusive workplace and recognizing that we all collectively have things that we need to work on,” she says.

Lee finds the surveys, which include a personalized annual goals document, somewhat time consuming but ultimately useful, especially in terms of seeing why goals are unmet or dropped over the course of a year and evaluating their feasibility in moving forward. She also thinks upward feedback surveys can become more helpful the longer an employee is with the firm. “When you’ve been at a place for a while, you can lose sight of how your decisions trickle down to everyone else, so it’s good to have that check in place,” she says.

Beyond the measures that Reno & Cavanaugh has in place to foster happy, productive employees, Leighton believes that the firm’s mission to choose to practice types of law that other firms might shy away from – including community development block grants, low-income housing tax credit programs and moving-to-work issues – ensures that the right people get on board with the right focus. “It’s funny – unlike other law firms, where they might be asking, ‘How can we squeeze more dollars out of this particular contract?’ we sit around talking about how we can save the client money,” he says.

Lee, the firm’s newest partner, wouldn’t have it any other way. As part of a group of employees that Reno &amp Cavanaugh hired just before it underwent a growth spurt, she said she and her colleagues have enjoyed watching it grow while the leadership has found new ways to respect workers’ needs. “I get lots of calls from recruiters, but I’ve never thought of leaving,” she says.

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Winning Workplaces’ goal is to provide small and midsize employers with proven, practical, and affordable people practices. Too often, the information and resources needed to create a high-performance workplace are out of reach for all but the largest organizations. Winning Workplaces is changing that by offering employers affordable consulting, training and information. We help employers assess needs and develop strategies to improve their workplace practices.

For more information, please contact us at: winningworkplaces.org winningworkplaces.org

Texas public school teachers are appraised yearly. Here’s a quick review of what to expect and what you can do if there are problems.

All classroom teachers must be appraised on the basis of classroom teaching performance, in an area for which they hold certification if at all possible.

Teachers should be appraised every year, unless the teacher has been appraised as proficient or better in every category on the most recent appraisal. If so, the teacher and district may agree to do an appraisal less often, but at least every five years.

The teacher appraisal cannot include evaluation of extracurricular duties, although there may be a separate appraisal document covering those duties.

The appraisal may be based on classroom observation, periodic walk-throughs, and written documentation. The documentation may be gathered from any source, as long as the teacher is informed it may be used on the appraisal.

Either the teacher or the appraiser may request a pre- or post-observation conference. If you have unusual circumstances in your classroom, you should always request a pre-observation conference so that you can prepare the appraiser for what will be happening in your class.

Material for the appraisal may be gathered during the entire school year, but formal observations may not be held during:
1. the first two weeks of instruction
2. the last day of instruction before a school holiday; and
3. any other day deemed inappropriate by the local school board.

If you have concerns about any observation, written documentation or appraisal report, you must deal with those concerns right away. There are slight differences in your options depending on whether your district uses the state developed PDAS instrument or a locally developed instrument, but the bottom line, always, is don’t wait more than a few days to respond.

If your district uses the PDAS, submit a written response after receiving:

a written observation summary

a written summative annual appraisal report;

and/or any other written appraisal document.

The response or must be submitted within 10 working days of receiving a written appraisal document, or, at the discretion of the appraiser, within 15 working days.

A teacher may request a second appraisal by a different appraiser after receiving:

a written observation summary with which the teacher disagrees and/or
a written summative annual appraisal report with which the teacher disagrees.

The second appraisal must be requested within 10 working days of receiving a written observation summary or a written summative annual appraisal report, or at the discretion of the appraiser, within 15 working days.

The second appraisal may replace the first, or the two scores may be averaged, or the second appraisal may simply be added to the teacher’s appraisal file as an additional document. These are locally determined matters.

If your district uses a locally developed appraisal processes, after receiving a written copy of the evaluation, a teacher is entitled to:
a second appraisal by a different appraiser; and
submit a written rebuttal for attachment to the evaluation.

A teacher may file a grievance regarding an unsatisfactory appraisal result under the local grievance policy.

Specific rules, timelines and procedures will be found in the local district policy.

A grievance should be considered if any of the following have occurred:
the appraisal result is very poor;
irrelevant information or bias results in a negative appraisal; or
written rules or procedures have not been followed.

Pamela Parker is a Texas attorney, speaker and author who regularly represents public school teachers. ThePeopleLawyer.com ThePeopleLawyer.com

It’s common sense at most times to decide whether lawyers and attorneys are needed. For crimes charges, lawsuits, and other court matters, it is almost second nature to us to call a lawyer. Other than these, most people would come up blank if asked for situations where lawyers are needed.

Other than court purpose, lawyers and attorneys attend to other matters depending on their expertise. There are lawyers who chose to master international laws, corporate laws, and those who practice in court. However, before hiring lawyers, several considerations must be looked into. The seriousness of the offense or matter is the primary question that should be answered. Parking tickets don’t need an attorney’s attention unless in cases of repeated offenses. Tax offenses, financial settlements, and real estate purchases are events that require the legal expertise of a lawyer. As a general rule, all matters that endanger or could threaten your financial interest and legal rights must be brought to the attention of a lawyer.

Despite the bad rep and all the flak lawyers and attorneys seem to be getting everywhere, consulting one is your best move especially in legal situations you’re not able to fix alone. Unsure of hiring an attorney’s services? You may check other organizations that offer legal aid. Most companies have consumer care departments which resolve consumer complaints. If problem arises from industries such as finance or banking, it would be good to seek the attention of the agency that regularizes the finance industry. Civil and Human Rights advocacy groups also provide free legal aid and information.

However, some situations demand the attention of a lawyer as stated in our general rule. In general, it is advisable to consult lawyers and attorneys ASAP. The length of time it took you to take legal action might even be used against you in court. It’s also a good thing if you are clear about your objectives in getting legal service. Whether you desire to be re-employed by your former employer, get your neighbor to keep off your property, or convict the person who endangered your life, be clear about it. This will give your lawyer a better perspective to prepare your case. It wouldn’t hurt to compare lawyer rates. However, be sure not to divulge too much of your problem on lawyers that you wouldn’t get. One of them might be the lawyer the other party hires. Be objective and have your lawyer assess your chances, the expenses, and the time it would take to resolve it. Be wary because you might be spending more on your lawyer and the case than what you would gain if you win.

For more valuable information on contactlawyers.com Lawyers and contactlawyers.com Attorneys, please visit contactlawyers.com contactlawyers.com

Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial.

Taken together, the two cases shed light on the allowable boundaries for expert testimony in trade secrets litigation.

The most recent ruling, Synergetics v. Hurst, decided February 5th by the 8th U.S. Circuit Court of Appeals, upheld an expert’s testimony on economic damages, despite the appellant’s contention that it was based on incorrect assumptions about the relevant market.

The earlier case, Mike’s Train House v. Lionel, decided December 14th by the 6th U.S. Circuit Court, found that the trial court “abandoned its gate-keeping function” when it admitted expert testimony concerning the similarity of design drawings.

In Synergetics, a company that sells ophthalmic equipment used in eye surgery sued two former employees for trade secret misappropriation. A jury found in favor of the company and awarded compensatory and punitive damages. On appeal, the two employees contended that the trial court should have excluded the testimony of Synergetics’ expert witness.

The appellants argued that the expert’s methodology was unreliable because he based his opinion on just two suppliers of the device, Synergetics and the company started by the former employees, even though other suppliers posed significant competition in the market.

Affirming the trial court, the 8th Circuit rejected this argument for the reason that it spoke to the credibility of the testimony, not its admissibility. The expert had explained the methodology he used to calculate the damages, the court noted, and appellants had the opportunity to challenge his methodology through cross-examination and their own experts.

“While other methods for calculating damages may be available, so long as the methods employed are scientifically valid, Appellants’ mere disagreement with the assumptions and methodology used does not warrant exclusion of expert testimony,” the circuit court said.

An expert’s methodology was also at issue in Mike’s Train House, but here the 6th Circuit found that admission of the expert’s testimony was an error that may improperly have swayed the outcome of the trial. Given that the jury had awarded the plaintiff, Mike’s Train House (MTH) damages exceeding $40 million, the 6th Circuit’s remand for a new trial was a significant victory for Lionel.

The case alleged misappropriation of trade secrets in the design and manufacture of model trains. The expert, a professor of mechanical engineering, testified that model-train designs used by Lionel were copied from MTH.

To reach this conclusion, he compared designs from each company, evaluating them based on 21 criteria he had selected. Using these criteria, he calculated a score from zero to one to show the degree of association between designs.

The expert also reviewed the report of an expert who testified in a South Korean case involving the same designs and who also found significant copying. The MTH expert testified at trial that he had independently corroborated the South Korean expert’s conclusions using a regression analysis.

On appeal, the 6th Circuit chastised the trial court for admitting this testimony. In finding that the trial court abandoned its gate-keeping function, the 6th Circuit noted that it failed to make any findings regarding the reliability of the expert’s testimony or of the technique he used to reach his conclusion.

Noting that the expert created his criteria specifically for this case, the 6th Circuit said, “There is no evidence that his methodology had ever been tested, subjected to peer review, possessed a known or potential rate of error, or enjoyed general acceptance.”

The trial court further erred when it permitted the expert to testify to the conclusions of the South Korean expert, the circuit court decided. This testimony – based as it was on the report and conclusions of another expert that were not in evidence – was hearsay and should not have been admitted, the court said.

“Other circuits have squarely rejected any argument that Rule 703 extends so far as to allow an expert to testify about the conclusions of other experts,” the court said.

Noting that not all improper expert testimony requires a new trial, the 6th Circuit went on to consider the testimony’s impact on the trial’s outcome. It concluded that the testimony had a substantial effect on the verdict. He was the only expert to testify about the degree of copying between the drawing pairs, the court noted, and without his testimony, the jury would not have learned of the South Korean expert’s conclusions.

“Because MTH relied on [this] testimony as its source of expertise and analysis regarding the degree of copying, it is impossible to conclude with any certainty that [it] did not sway the jury’s verdict.”

The two cases are:

Synergetics v. Hurst, No. 06-1146 (8th Circuit, Feb. 5, 2007)
Mike’s Train House v. Lionel, No. 05-1095 (6th Circuit, Dec. 14, 2006)

Written by Robert Ambrogi for BullsEye, an IMS Expert Services Publication

Robert Ambrogi is the editor of BullsEye, a monthly newsletter distributed by IMS Expert Services. IMS Expert Services is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. To read this and other legal industry BullsEye publications, please visit IMS Expert Services at ims-expertservices.com ims-expertservices.com.

At one point or another, we’ve all seen a product or business name with a small, encircled R floating next to it. You’ve probably wondered what this R symbol really means, and how exactly it got there in the first place. Most people will tell you that it means something to the effect of “registered,” but that’s only a small part of the significance behind the circled R.

It’s correct that this symbol does imply the term registered, but registered with whom, and how?

A “registered trademark”, or ®, refers to a name, slogan or logo that has been officially registered with the United States Patent and Trademark Office (USPTO). Registering a trademark is beneficial to a business because it publicly states that your trademark is registered with the USPTO and therefore, you have exclusive rights to that name within your industry. This means that if your business had a registered trademark, and you found another business of a similar nature utilizing your name or logo, you would *likely have the legal right to use your name!

Each time an individual applies for a trademark, the USPTO performs a cross reference check of their name and/or design for similarities among Federally registered or pending trademarks ONLY. The USPTO search is lacking in State trademark AND US National Common-Law databases. Because the USPTO protects names in this fashion, you do not run the risk of another business utilizing and possibly soiling the reputation of the company that you worked hard to build!

Once you have applied for your trademark, the USPTO will consider it a pending mark for up to 18 months. This is among the many reasons why it is important to apply for your trademark sooner versus later. The sooner you apply, the sooner it is that you will be doing business under a registered, protected name!

* This is dependent on if the name is truly available at the time of filing. In other words, was there a prior existing Federal or State trademark? Was there prior existing Common-Law usage of the name?

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at

You may ask yourself, “Why do I need identity theft protection?” If you’ve ever thrown away a receipt, lost a credit card, or received a questionable email asking for personal information, you are making yourself a victim of fraud, and a great candidate for identity theft protection.

How many promotional statements have you tossed that may have your mailing address and full name indicated right on them? Identity theft often doesn′t require much to leave you in a financial mess.

The question becomes, “What can the average person do to ensure that personal information is kept personal, and to guard against possible theft?” Here is a list of suggestions that will help you get the best possible identity theft protection.

Look at your credit reports. These reports contain the kind of information an identity thief is interested in, and the statistics that you should have a good understanding of, in terms of theft protection. The report shows what accounts you have and how you pay your bills.

The law allows you to obtain a free version of this report at least once a year. If an identity thief is operating with your information, this report will show it in some way.

Review the credit reports. Look for any benchmarks that would tell you of possible theft, like inquiries from companies you haven’t contacted, accounts you didn’t open, and debits on accounts that can’t be explained. Check to see that all personal information is correct and that an Identity Thief hasn’t tampered with it.

Review your financial statements. Look at your accounts and billing statements on a regular basis. Watch for any changes that seem odd, like debits that you can’t account for and other things that could be the sign of possible theft.

Many victims of identity theft are the last people to know about the situation. Identity theft protection only works if you put it into action before a situation can occur. Sometimes you may only discover you’ve been victimized when you are declined for a car loan or mortgage because of something negative on your credit report.

You may find out about credit cards you’ve never owned that were applied for by an identity thief through a phone call from a collection agency looking for money on unpaid debts. Investigate these occurrences with your bank as soon as you become aware of them to.

Knowing your own security vulnerabilities and how to protect yourself against identity theft are prime methods of its protection. In a world of online shopping and paper statements, it’s your best defense against having to deal with the fallout of a quick, easy crime many people are committing.

Get all the information you need on getting the best identitytheft.micronicherecommends.com/ar/identity-theft-protectioю.php identity theft protection from Mike Selvon’s identitytheft.micronicherecommends.com/ identity theft portal, and leave a comment at his mynicheportal.com/financial-services/getting-the-best-identity-theft-protection identity theft blog.

It is not too risky to affirm that intellectual property will soon be History.

Rules designed for the paper era are not useful, enforceable and cost-economic in the
Web era.

Here are a few reasons:

1) Intellectual property is not designed for the Web times

I strongly believe that intellectual property will soon be history, not because
Anarchism will succeed over Capitalism, but because the Net Economy will find new ways
to control ownership of words and patents.

Words alone are mostly worthless. Nobody is able to make money out of them anymore.
Let’s take someone whose words are unique and valuable: Gabriel Garcia Marquez, for
instance. He collects some royalties from his writings, except for:

- the 50% cut that makes his publisher

- the 40% lost to piracy

- the 5% cut from the book physical maker

- 3% from government taxes

-1% from his agent, lawyer and accountant

So, the Paper Economy offers him 1% of the potential profit from his words.

On the other hand, what happens when you write for the Web?

Most word-content websites have lost money permanently since the 2000 Net Bubble. Even
for prime authors, like Rawlings and her Harry Potter, plagiarism has eaten half of
the earnings.

Making money out of words in the web takes a little more than writing. You need to
point the words to those that might buy something related to them. You also need to
secure some form of collecting money and measuring your response rates. The webmaster
and the site promoter replace here the publisher.

2) Writing for the Web is different than writing for paper

There are:

- few authors that know how to write for the Web (short, focused, adjustable to the
reader preference, keyword-dense, sticky, connected with a merchandise or service)

- few publishers that know how to make money in the Web starting from printed words
from the paper era

- few webmasters who can transform electronic words in non-electronic dollars, either
dealing with authors or conventional publishers

The Web Word Market is more dynamic, focused and automated than the Paper Word Market.

In the past, the unit was the book, because you needed to print it, distribute it and
sell it. Now, the unit is the web page, a much smaller one. Or maybe the RSS feed, the
article, the forum posting or other smaller dynamic forms.

3) Authors are not so valuable in the Web Economy

Names and brands are less important in the web, because nobody spends too much time in
one place, and the average user looks for specific answers rather than just a pleasant
reading time.

Can you name a single Web author that always calls your attention? Are there any Web
equivalents to Garcia Marquez or Norman Mailer? There are blog authors that have
followers, but their names are not relevant. And the blogs with its traffic can easily
be sold to someone else.

By the way, names and pen names are out. A famous person in my own field (SEO, or
search engine optimizing) is GoogleGuy. A good, sticky name with 2 relevant keywords
in it. I don’t care if his real name is John Smith or Anand Brahmaputra. My own name
is Sergio Samoilovich, but I would like to change it to Synonymizer, for e-marketing
purposes. When I was trying to sell my netic.com domain I signed Neticman. I own many
domains related to different products I sell. I might also own as many virtual names.

And how about pen names similar to Indian names:
Man-who-blogs-for-a-living,

Webcam-Girl, Pervasive-Word-Marketer or the like…

Targeting the right audience and positioning your website in the Search Engines under
the proper keywords is more important than winning a Nobel Prize or a famed contest.
Success is now measured in ad revenue rather than books sold.

My point is that in the Web, being the author of something is not that important. What
is important, is to own targeted traffic that can buy a product by that author or any
other. You can always find an author offering his product thru an Affiliate program,
which equals sharing profits with you, the e-marketer. Experts can turn a bad author
into good web stuff.

4) Plagiarism is not well defined

So far, there is not linguistic or mathematic rule for plagiarism. It is up to the
lawyers to define fair use or unfair use. This makes litigation very difficult. Some
guidelines are mentioned usually in University sites, advising students not to use
other’s words without permission, but they rarely express a numeric limit between
quoting and plagiarizing.

Besides, some plagiarism rules are non-enforceable.

For instance, there is a problem when you plagiarize a short text without noticing it.
To prevent that, there should be a central database or clearinghouse in the Web that
you could run your text against, in order to validate it. If I used a phrase like ‘New
York Times′ I will probably will run into the newspaper attorneys, even if I was
thinking about the weather in the big apple.

5) Plagiarism is not easily detectable.

It is also a complication the fact that the web is a dynamic medium, and there are no
hard proofs of most infringements.

Plagiarism is non-detectable when the author makes slight modifications in the copied
text. There is no computer in the world able to read the whole Web and find all the
similar phrases or web pages. The main plagiarism detection systems work by sampling
the suspected originals and copies, and those small samples can be wrong: either false
positives or false negatives are possible.

Software like Synonymizer makes it easy for webmaster to create almost-duplicate text,
barely detectable for the search engines.

Finding plagiarists and punishing is very difficult. The web is mostly distributed and
anonymous.

Thus, a significant business is surging from the plagiarism-detection needs of
authors, universities and publishers.

The anti-plagiarism-detection tool market is also surging.

6) Google is the leader in electronic detection and punishment of plagiarism

So far, Google has some filters that reject duplication from its index, and attempt to
give credit to the original author.

For me, it is obvious that some software should take care of the plagiarism issues,
instead of the expensive and unpredictable lawyers and judges. With previsions for
Synonymizing.

Some kind of web service (the Web Economy) will rate the originality of your words,
the value for the customers, the degree of infringement of the laws, and will provide
you a reward : traffic that you can monetize. Or a punishment: exclusion from the main
listings.

At this point, the Web Economy is doing that: rewarding originality and witness,
punishing duplication and dumbness.

Garcia Marquez could profit from AdSense and other ad servers, and there would be
little intermediation.

Maybe a small ‘Plagiarism Algorithm’ in Google and Yahoo can and will replace
Intellectual Property Lawyers… It will be cheaper, faster and radically more
effective.

John Tello works for a company that makes the Synonymizer software, placed at Synonymizer.com Synonymizer.com, which is evolving into a more complex machine-aided writing tool. He once passed the TOEFL (Test of English as a Foreign Language), before the PC age.

Prosecutors play a central role in the criminal justice system in the U.S.A. Prosecutors are governments’ lawyers who complete cases of the government against defendants. The government has the role to investigate, arrest and charge a person who is suspected of criminal activity and the prosecutor does the work.

A prosecutor is called as city attorney, county attorney or district attorney. The prosecutor is the adversary of a criminal defendant and the attorney. These two have a head to head confrontations in the court.

Drunk driving is one among the biggest killers in the country. Hence, laws in states like New Jersey have strict DUI (driving under influence) and DWI (driving while intoxicated) is stringent. A conviction for DUI or DWI can drain your financial resources and impair your ability to work.

In New Jersey, a first time offender has to pay $650 dollars or more in various fees and a $3000 insurance surcharge for three years. A convicted offender also has to spend 12 hours in IDRC (Intoxicated Driver Resource Center) and 30 days in prison. A driving license is suspended for one year. A second time offender has to pay $1700 or more in fees, $3000 in insurance surcharges and a driver?s license is suspended for two years. The offender has to do either 48 hours IDRC or a 48 hours jail term. The third term offender has to cough up over $2500, plus $4000 surcharge, and license privileges are revoked for ten years with a mandatory 180-day jail sentence.

DUI attorneys need to be experienced and experts in the field of criminal law. The prosecutor may be facing an experienced criminal defense attorney. Prosecutors have the important task of deciding whether to pursue drunk driving cases in court. The local police hands over the cases to the prosecutor. The prosecutor considers whether the case is legally sound, whether it can be proved and the relevant policies considerations.

The prosecutor or the District Attorney then files the case against the defendant and represents the voice of the government. In drunk driving case, the arresting officer is the key witness. The D.A is very powerful in drunk driving cases, and take the case from the police to the court representing the government in court.

e-NewJerseyDUIAttorneys.com New Jersey DUI Attorneys provides detailed information on New Jersey DUI Attorneys, New Jersey DUI Fines, New Jersey DUI Defense, New Jersey DUI Laws and more. New Jersey DUI Attorneys is affiliated with e-newjerseydwilawyers.com New Jersey DWI Arrests.

Let’s face it. We are in an age where privacy has all but disappeared. Despite all the negatives that come along with this, there are some positives as well. We live in a dangerous world. How would you like to know ALL of the government records about any individual, or even about yourself! With a new, completely legal search method, you can find out anything about anyone. Find:

Background Records
Correctional Files
Criminal Files
Family History
DMV Records
Driving Records
DUI Files
DWI Records
FBI Files
Federal Court Dockets
Lost People
Court Records
Classmates
Adoption Records
Arrest Records
Attorney Records
Bankruptcy Records
Birth Records
Obituaries
Voter Registration
Unclaimed Assets
Unlisted Cell Phone Numbers
Lost People

and much, much more. This resource of public and government records is immense, allowing you to find any information you want.

As a small business owner, I have found this resource to be invaluable in evaluating potential employees. But that is only the tip of the iceberg for all the public records you can find.

If you have children, this is an invaluable resource. All of the people that surround your children on a daily basis - teachers, bus drivers, neighbors, etc. - can be searched for in this database. If they have something to hide, you’ll know about it right away.

This database of records is enormous and not to be taken lightly. It is a powerful resource that can tell you anything you want to know about anyone. Check it out for yourself and discover what an invaluable tool this really is.

Mr. Prato is a concerned citizen looking to protect our children and vulnerable citizens. Check out onestopshopstream.com/index.php?catid=573 onestopshopstream.com/index.php?catid=573 to learn where you can search the enormous database of government and public records.

Getting a judgment is one thing collecting it is another. Creditors often are concerned about the ability to recover money from debtors that may have sufficient assets at the outset of a dispute but may squander those assets over the course of litigation. There are a few remedies under Indiana law that address this very legitimate concern. In a decision by Judge David F. Hamilton on March 20, 2007, another remedy, albeit one with virtually zero applicability to most commercial collection cases, is discussed - prejudgment injunctive relief. The lesson J&J Wehner, Inc. v. H&L Plating & Grinding, Inc., 2007 U.S. Dist. LEXIS 24366 (S.D. Ind.) teaches us is that, unlike prejudgment attachment and garnishment, injunctive relief usually is not the answer.

Case background. The dispute surrounded the sale of a chrome plating and grinding business. As a part of the sale, the purchasers gave the sellers an installment promissory note in the sum of $866,000. Not long after taking over the business, the purchasers learned that the site might have been contaminated with high levels of chromium and hexavalent chromium and that the sellers likely had actual knowledge of the contamination at the time of the sale. Several employees told the purchasers that the sellers had disposed of chromium waste on the premises. Remediation estimates were between $1.5 million and $2.25 million. Due to the hefty environmental liability exposure, the purchasers stopped making payments on the note, which they claimed they were fraudulently induced to sign. The note contained a warranty that the sellers were not in violation of any environmental laws affecting the properties or the business. One issue in the case was whether the purchasers’ default could be excused due to the sellers’ fraud.

Prejudgment relief requested. Given the potential delays associated with litigating the claims, the sellers sought a preliminary injunction under Ind. Code § 34-26-1-5, ordering the purchasers, at the outset of the case, to pay all amounts due and owing under the note either directly to the sellers or into an escrow account with the court. Wehner at 9. The sellers’ objective was to secure satisfaction of the judgment they ultimately hoped to receive. (Wishful thinking, perhaps, given the evidence of the environmental misconduct . . ..)

Relief denied. One of the elements to be established for preliminary injunctive relief is that the remedy at law must be inadequate - the injury cannot be rectified by the recovery of money. As a general rule, a party that suffers “mere economic injury” is not entitled to injunctive relief because an award of damages is sufficient to make the party whole. Id. at 10. There are, however, “unusual” cases in which the collection of damages may be “impossible, uncertain or unusually difficult” so that a preliminary injunction should be available. Id. In this particular case, at issue was the demand for a pre-trial payment to a creditor on a disputed debt or, in the alternative, an impoundment of money to the court. Such extraordinary relief can arise out of a procedural tool that the United States Supreme Court in Grupo Mexicano de Desarrollo, S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308, 329 (1999) described as “the nuclear weapon of the law.” Id. at 11. The problem in Wehner was that, if the sellers prevailed on their underlying claim, the damages from the purchasers’ default would be entirely monetary and easy to quantify. Although there was a legitimate concern that the purchasers might not be ready to pay the full damages when due, “that is often the case in civil litigation.” Id. at 12. Judge Hamilton held that the sellers “have not shown that their case is so compelling as to justify use of ‘the nuclear weapon of the law,’ a pre-judgment injunction ordering payment of a general creditor or freezing assets to protect a general creditor.” Id.

Fraudulent inducement. Judge Hamilton also addressed, in part, whether the alleged fraud by the sellers could excuse nonperformance under the note. The note was, in fact, an unconditional promise to pay according to its terms. I.C. § 26-1-3.1-106(a). But, in this case, the note was not in the hands of a holder in due course. If it were, the purchasers’ fraudulent inducement defense would have no merit. I.C. § 26-1-3.1-305(a)(1)(C). Because the purchasers were not holders in due course (defined in Indiana’s UCC at 26-1-3.1-302), common law defenses such as fraud in the inducement were available to them. I.C. § 26-1-3.1-306. Judge Hamilton denied the sellers’ motion for summary judgment on the defense and concluded that the fraudulent inducement issue must be tried.

In sum. For commercial lending institutions concerned about the dissipation of the assets of their borrowers during a foreclosure proceeding, remedies such as pre-judgment attachment and/or garnishment may be viable. Barring highly unique circumstances, however, an injunction is not. A motion for a prejudgment order to pay money almost always will fail. Lenders will be better served by prosecuting the underlying action as quickly as possible. Once a judgment is obtained, courts are much more accommodating in terms of collection efforts.

John D. Waller is a partner at the Indianapolis law firm of Wooden & McLaughlin LLP. He publishes the blog Indiana Commercial Foreclosure Law at commercialforeclosureblog.typepad.com. commercialforeclosureblog.typepad.com. John’s phone number is 317-639-6151, and his e-mail address is mailto:jwaller@woodmclaw.com jwaller@woodmclaw.com.