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Federal Trademark Registration Vs Common Law
Gary K Price
Does a mark that is registered have superior rights over a mark that relies on common law? This is a question that I am often asked. In the article below, I will address this issue and provide an explanation of the difference between a federal trademark registration versus use based on common law....
Types of Arrest Warrants
There are several types of crimes, so naturally there is more than one type of warrant. Learn what makes these warrants different from one another and how they are used in the law....
Personal Injury - Understanding Whiplash
What Is "Whiplash", How Is It Caused And How Is It Treated? You have probably heard this term thrown around in casual conversation. This may include examples of how someone turning their head around so fast to look at something gave them whiplash. This common phrase taken out of context like this can be harmful, because it perceives the idea of whiplash as a joke when, in fact, it is a rather bothersome and cumbersome injury. ...
Misidentification: Picking the Wrong Person and Sending Them to Jail
Imagine losing your liberty for something you did not do. Misidentifications are the main reason why innocent people go to jail....
California Labor Code Violations Produce Big Damages Through Private Attorney General Act [PAGA]
Seemingly minor California Labor Code violations can produce millions of dollars in damages through the use of The California Private Attorney General Act, known as "PAGA." The Act allows private attorneys to collect fines previously collected only by the Labor and Workforce Development Agency. Now employers are seeing much more aggressive enforcement--exactly what the law intends....
Big Changes to Federal DHS Supervision Rules
Jeffrey L Cohen
Proposed changes to the "incident to services" rule in the 2016 Medicare Physician Fee Schedule are set to seriously impact how medical practices provide certain services, bill for them as well as how they share income from those services. Incident to services are services or items that are furnished as an integral part of the professional services of a physicians or other practitioner in the course of diagnosis or treatment. 80 Fed....
Car Accident Personal Injury - Contact a Specialist
Jessica L Vine
If you have sustained a car accident personal injury, you may be entitled to money. The best way to get the compensation that you deserve is to contact a specialist....
Compensatory Time Off - Overtime Must Be Paid to "Intern"
Employees lose important overtime compensation when given "compensatory time off." Paid Time Off is owed as final pay at termination....
Hooray for Hollywood? Maybe Not
Florida is well-known for having some pretty major industries. The tourist industry is what usually comes to mind, however, citrus, other fruits and vegetables, and seafood are also multi-million dollar industries here. Also, Florida leads the nation in the production of sugar cane....
How to Obtain a Liquor Licence in Queensland
Benjamin G Olsen
Are you interested in opening a club, bar or restaurant in Queensland, Australia and require a liquor licence? The Law behind Liquor Licencing in Queensland is complex and involved, Dennis Boucher, with over 40 years experience in the legal industry alongside Ben Olsen has practiced the specialised field of Liquor and Gaming Licenses for most of their career and will explain the best way to approach liquor licencing....
Immigration to Quebec - A Gateway to Great Life
Quebec is a province located in eastern Canada, the largest in size and second only to Ontario in population. The name "Quebec" derives from the Algonquin word "kébec" which means where the river narrows - that was originally referred to the area around Quebec City where the Saint Lawrence River narrows to a cliff-lined gap. The beautiful place of Quebec is the only Canadian province that has a predominantly French speaking population. Many travelers and residents find this place unique among North American destinations. Its French heritage does not only set the province apart from most of its English speaking neighbors, moreover it is also one of the historical places in North America that fully preserved its Francophone culture....
Finding a Personal Injury Attorney to Negotiate Your Settlement
Finding a personal injury attorney can be a challenging process, thanks to the proliferation of advertising today. You may have to do a little research to find the right lawyer for your case, but the effort is worth the result....
Dealing With the Substantive Claim - The Litigation Process Explained
In this series of articles, the person or company seeking the Freezing Order is referred to as the Applicant and the person or company subject to the Order is referred to as the Respondent. The grant of a Freezing Order is only the start, not the end of the claim. A Freezing order is simply a remedy to prevent a Respondent putting his / her assets out of the reach of the Applicant. Whilst the Applicant may have the protection of a Freezing Order in place, it is still under an obligation to pursue its substantive claim against the Respondent - commonly a monetary claim in respect of the losses it has suffered. A Freezing Order cannot be obtained in isolation without the existence of a substantive claim against the Respondent (although it may not yet have been issued). This can be a lengthy process and ultimately end up in trial at Court. Set out below are the 9 main steps which will have to be undertaken in the substantive claim....
Is a Freezing Order the Most Appropriate Remedy? Alternative Remedies Considered
It is always worth the Applicant considering whether there are other alternative remedies that could be sought from the court which are less time consuming, costly and potentially risky. Such remedies include for example: An order preserving properties or securing a specific fund. These orders are commonly granted in situations where there is a dispute as to a party's entitlement to the property or fund in question....
Varying the Terms of a Freezing Order
In this article the person or company seeking the Freezing Order is referred to as the Applicant and the person or company subject to the Freezing Order is referred to as the Respondent. There are no grounds to have a Freezing Order discharged (something discussed in other forthcoming articles in this series), there may be legitimate reasons to vary the terms of the Freezing Order. A variation can either be agreed by consent between the parties to the litigation or, alternatively in the event that the Applicant's solicitors refuse to agree the variation by consent, a Respondent can do so by making an application to court....
Disability Accommodation: Do I Have to First Request Accommodation?
Disability Accommodation usually requires the disabled person to initiate a request for accommodation, but there is an important exception. Sometimes a disabled person is physically or mental unable to make the request because of a sudden crisis....
Limited Liability and Failure of Professionalism in Corporation
Dr. Elvis Tankwa Ngatat
This research is arguing the ideal that corporations must take higher risks to innovate and create value so as to reach their ultimate goals and to be able to compete in global markets with the complex global economy, it is out of professionalism because before working on all projects the first thing is to assess and analyze the risks by professionals, if the company can work or deal with the risks associated with the projects then the project can commence, but the boundaries of dangerous risks should be outline and respected by corporate executives....
Limited Liability and High Risk Behavior in Corporations
Dr. Elvis Tankwa Ngatat
We tried to adopt the forward approach of conceptual genealogy focusing on the contextualized meanings and dominant contemporary features; we focused on the fundamental patterns, events and mechanism that give the explanation of conceptual qualitative change. We likewise took the deliberate of exploring the impact of moral-hazard....
Obtaining Information From Third Parties - Norwich Pharmacal Orders Explained
In this article the person or company seeking a Norwich Pharmacal Order is referred to as the Applicant and the person or company subject to the application is referred to as the Respondent. The person or company against whom the ultimate Freezing Order may be sought is referred to as the Defendant. It is sometimes the case that an Applicant cannot clearly identify the proper Defendant to any potential proceedings due to the lack of information available to it. In such circumstances, it is possible for an Applicant to seek disclosure of information or documents against a non-party to the proceedings ("the Respondent") if it can be shown that 1. The Respondent must have been involved in or mixed up in the wrongdoing, whether innocently or not: and 2. The Respondent is unlikely to be a party to the potential proceedings. Such Court Orders are known as Norwich Pharmacal Orders. These Orders can be obtained before proceedings are issued, during the course of proceedings or even after judgement has been obtained against a Defendant....
Ashley Madison Hacking Scandal Showcasing Why It's Always Best to Protect Oneself
With nearly 40 million users potentially being exposed in the Ashley Madison hacking scandal, many marriages may come to a close. It showcases why it's best to always protect oneself, no matter the circumstances....
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