Archive for the ‘Legal and Law’


May 4th, 2008

Credit Card Skimming And Scamming

Never let your credit card out of your site. With identity theft on the rise at an alarming pace, those words ring true now more then ever. One of the many ways that thieves can get your personal financial information is by credit card skimming which is the practice of retrieving the encoded data from the back of a card on the magnetic strip.

March 17th, 2008

Getting Your New Corporation Up And Running - Funding

Once you form a new business entity, you need to come up with a way to get money into it. This concept is known as capitalization or funding of the business entity.

At first glance, funding an entity seems fairly simple. Don’t the officers of the corporation simply open a bank account and deposit some money? Unfortunately, it is not that simple. The money has to come from somewhere, typically the shareholders.

Funding a new corporate entity is obviously a critical step, but how is it done. There are three primary methods, although one should check with applicable laws in your state to delineate which are available. Regardless, let’s take a closer look.

March 2nd, 2008

Principles Of Medical Malpractice Suits

Medical Malpractice

Medical errors are a leading cause of death and injury nationwide. According to an article in The Journal of the American Medical Association (JAMA) (Vol 284, No 4, July 26th 2000) by Barbara Starfield, M.D., M.P.H., of the Johns Hopkins School of Hygiene and Public Health, medical errors may be the third leading cause of death in the United States. Medical malpractice includes errors by a physician, a member of a hospital staff or other health care provider that occurs in a medical setting and results in injury to the patient. Malpractice may occur when a practitioner breaches the standard of care recognized and accepted by other practitioners in the same field. A critical component of a successful malpractice claim is determining the accepted standard of care, whether that standard was followed and, if not, whether failure to follow that standard caused the injury.

February 29th, 2008

Copyright Protection Of Databases

Copyright law is covered by the Copyright Act of 1976, codified at 17 USC s 101 et seq. Some pertinent sections include, Sections 101, 102 and 103. Section 101 defines “compilation” as: “A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship”. Section 102(b) provides: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.” Section 103 limits the protection of a compilation to the author’s original contributions and not the facts or information conveyed.

February 14th, 2008

Medical Malpractice: Who Can Be Sued?

When taking legal actions to recover from medical malpractice, it is essential to determine all the parties which can be held accountable for the harm or damages caused to you. Why? This will help to determine each party’s responsibility and also the amount of damages that each party will have to pay to cover their misconduct or failure.

February 7th, 2008

Trademarks - Important Things You Need To Know

At the outset, it becomes important to know what a trademark is. Take a scenario where you have designed a particular product. How do you let competitors and everyone else know that the product is your design and belongs to you? How do you prevent others from copying your idea and ensuring that they do not make their millions on your brainwave? A simple way is to use a trademark.

February 6th, 2008

Setting Up A Solid Medical Malpractice Claim

People usually look up to doctors and nurses because of the reputation they cultivated of alleviating the pain and suffering of their patients. Doctors and nurses are guided by medical procedures developed by international experts and specialists. They are own competence develop through experience as they mature in their profession.

Alas, these medical practitioners are but human, imperfect and erring. Given the tremendous trust people give them, however, once something goes wrong in their execution of medical procedures and their patient suffers from it, it opens a controversial issue of medical malpractice.

January 28th, 2008

Last Will And Testament Formats

A last will or testament is a document that has vital information on the ratio at which a person wishes to distribute his property and possessions, after death. Last will and testament basically regulates the rights of others over the testator’s property and family, after his death. Everyone, regardless of age, should prepare a will and register it, to protect their assets. People above 18 years of age are officially permitted to draft their wills. They are usually formulated with the help of typewriters or word processors.

January 27th, 2008

Utilizing A Trust To Reduce Or Eliminate Your Estate Tax

Did you know that your heirs may have to liquidate your home or rental properties immediately after your death, unless you create an Irrevocable Life Insurance Trust (ILIT)?

Most people are interested in passing their wealth to their heirs. With the demise of the baby-boomer generation, an enormous transfer of wealth will occur during the coming years. The government is poised to capture this wealth through the estate tax, which is imposed upon death.

Currently, the Federal estate tax exemption amount is $1.5 million for individuals and $3 million for married couples. Any amount over the exemption will be taxed (Federal estate taxes average around 45%). Furthermore, this tax must be paid within nine months after you die.

January 21st, 2008

Laptops Stolen - Keeping Your Laptop In The Modern World

Laptops represent a nearly impossible temptation for thieves, in the workplace, at the coffee shop, or on campus. They’re small, portable, usually of high value, and next to impossible to trace.

Current estimates say that a laptop is stolen about once every minute in this country, or half a million of them per year, and 97% of them are never recovered. Even more frustrating than losing the hardware is losing any data that’s on them – particularly if it’s a corporate laptop, where the files may be more valuable than the hardware!


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