Social Security Law is a legislation or set of legislations enacted to protect individuals from unanticipated calamity, misfortune or upheaval. The government is able to achieve this by spreading the financial burden of certain risks among the entire members of society in a way that no single family bears the complete burden in the case of such event.

Social Security Program was introduced in the United States of America in 1935 42 U.S.C 401 et seq. to provide survivors of calamity, old age, and the disability insurance benefits to workers and their families.

Social Security is different from welfare in the sense that it is paid to individuals or their families based on the strength of that person's employment record and previous achievements in the organization.

Social Security Program in United States of America is administered by the Social Security Administration (SSA). In 1965, after the establishment of the Medicare, there is a proximate nexus between SSA and Medicare.

The original Social Security Act was signed into law by President Franklin D. Roosevelt in 1935, and the up to date version of the Act, as amended, covers several social welfare and social insurance programs.

The Act used "Social Security" in reference to Social Security Program including Federally Funded Welfare Programs and unemployment compensation which seems to be used in a more expansive sense, while the Medicare was more like as an amendment to that Act.

The Federal Old Age, Survivors and Disability Insurance (OASDI) Program pays out monthly benefits to retired people, or to families whose wage earner is deceased, and to employees unemployed as a result of bad health or accident.

A worker who is desirous for protection must have been employed for a minimum period of time to qualify and must have made contributions to the program.

The Social Security Act is a federal enactment and it governs an applicant's right to benefits; there are also State substantive laws that govern some of the family relationship issues that may bear on that right such as the validity of a marriage.

Social Security is funded principally through payroll taxes called Federal Insurance Contributions Act tax (FICA) or Self Employed Contributions Act Tax (SECA).

Every legal residents working in the United States must as a matter of compulsion have an individual Social Security number, though there are a few exceptions.

Social Security is financed mainly through payroll taxes generally referred to as Federal Insurance Contributors Act Tax (FICA) or Self Employed Contributions Act Tax (SECA). Tax deposits are collected by the Internal Revenue Service (IRS) and are officially handed over to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund; these are the two Social Security Trust Funds in United States of America.

Source: Betterdays

Advertising is the act or practice attracting public notice or attention to prefer a specific product or service. Advertising Law are extant enactments and regulations governing deceptive, misleading or unfair advertising, trademark violations and infringement, unfair competition, and use of endorsements.

In the United States of America, each state have laws prohibiting against false or offensive advertising and the set laws may vary by.
Adverts have gradually become part of human life. Adverts are displayed or broadcasted directly or indirectly on print, electronic and social media. The advent of the social media culminated into a deviation from the traditional advertising on television, magazine, billboards, posters, etc.

The primary purpose of advertising irrespective of mode or medium of broadcast is to convince buyers to purchase a product. Adverts usually contain information which persuades the public to patronize or prefer one product over another.
Adverts comprises of all forms of public announcement intended to abet directly or indirectly in the spread of an idea, or reroute attention to a product, brand, service or entertainment.

It is germane for entrepreneurs, professionals, content producers or owners to be familiar with the extant laws and regulations that govern the ways adverts may or may not be legally advertised.

It also important to engage Attorneys who specialize in advertising law for counsel in case of commercial disputes and ensuring that advert practitioners play by the rules in relation to legality and advert ethics.

Sources of Advertising Law


In the United States of America, generally the Federal Trade Commission (FTC) Act and Lanham Act and the primary Federal Laws governing false advertising. Pursuant to the FTC Act, false advertising comprises of advertisements containing unbelievable representations irrespective of whether or not such representations turn out to be true provided the advertiser have no reasonable grounds to believe it to be true.

The Federal Trade Commission reserves sole powers to enforce the FTC Act. Laws and regulations aim to keep the practice of advertising reasonable, fair and honest. Advertisers are compelled to labels products in a manner that conveys the true intention of the producer or service provider.

Advertising law governs how manufacturers and content producers conducts its public advertising campaigns, and any assertion it may make as to the value and efficiency of its products or service.

The Federal Trade Commission demands that advertising assertions must be “evidence-based.” A false or deceptive is a serious infraction of the law.

The FTC act regulates advertising and marketing schemes or approach transversely on all mediums, as well as online, offline, electronic, print and telemarketing promotions.
Note that the extant advertising law and regulations apply to general product assertions including health promotions as to the effectiveness of a product.

Practicing as an Advertising Lawyer


Pursuing a career as an Attorney in advertising law requires you to work alongside companies, individuals, professionals, content producers, actors, artist, musicians etc. The primary job of an advertising lawyer is to guide and counsel clients to ensure that they comply and operate within the extant advertising law and regulations in conducting their activities and transactions.

Advertising lawyers must have detailed knowledge and understanding of advertising rules and regulations, tough legal research skills to survey and sight new legal issue as they come up.

Advertising lawyers may have to review advertisement, product labels, and assertions as to the effectiveness and value promulgated to the public and they may also suggest adjustments where necessary. Advertising lawyers must have a first-rate understanding of specific assertions may violate the “truthfulness” of a claim which is a basic requirements of the FTC Act and other extant advertising legislations.

An advertising Attorney may also render legal service from the side of enforcement to bring institute civil or criminal proceedings or penalties against erring advertisers infringe advertising laws.

Globally, Advertising Law is an evolving field of law; therefore law students who are desirous of choosing a career in Advertising Law must develop interest and study in the followings course: Intellectual Property, Trademarks, Commercial Law, Administrative Law, Antitrust, Internet Law, Corporate Law and Practice, Civil and Criminal Litigation.

Filing a Complaint against False Advertising Under Lanham Act


Individuals, consumers or competitors who victims of false advertising are at liberty to file a complaint for false advertising under the Lanham Act.
Consumers or competitors who seek to establish an infringement under the Lanham Act are under duty to prove the following:
• The advertiser made false statements of fact about its product;
• The false advertisements in fact deceived or had the capability or competence to deceive a significant part of the aimed population;
• The deception was substantially material;
• The falsely advertised product was sold in interstate commerce; and
• The Plaintiff was adversely affected or injured due to the deception. The injury may be likely injury or actual injury.


Source: Betterdays

Electronic Travel Authorization is a fast authorization issued to persons traveling into Canada and allows you to board a flight or other means of traveling as an alternative to the Visitor Visa or temporary Resident Permit

You must meet the eligibility criteria before you can apply for Electronic Travel Authorization. You can find a list of Countries allowed into Canada without visa in our previous article Canadian Electronic Travel Authorization. The application process is easy and fast.

List of Documents Required to Complete Canadian Electronic Travel Authorization Application


• Valid International Passport by one of the Countries allowed into Canada without visa;
• Valid e-mail address;
• Debit Card, Credit Card or Pre-Paid Card issued by Visa Card, Master Card, American Express, Union Pay, JCB Card, or Interac


Electronic Travel Authorization Application Process

• Visit the Government official link of Canada. Do not use unofficial link.
• Enter correct details
o State whether you are applying for yourself or for another person. If you are applying for another person, you must state your personal details.
o If you are applying for yourself, ensure that you enter your details correctly; such as:
 Type of Travel document,
 number of document (passport number),
 Date of issuance and expiration of travel document,
o State other personal information such as:
 Your first and last name,
 Gender,
 Date of Birth
 Nationality
 Marital Status
o Details of previous visit to Canada
o Employment details
o Contact details such as e-mail and phone number
o Residential Address
o Travel/itinerary details such as: travel dates to Canada, flight number (if booked already),
o Background Questions such as:
 Previous Canada visa application refusals
 Criminal Records
 Medical History
o Consent and declaration (date and signature)


Electronic Travel Authorization Application Fees and Procedure


• After duly completing the application online, you will be taken to the payment site where you are to enter you card details. The eTA cost CAD$7 per applicant.
• Payment is made before application can be submitted and thereafter processed by a Canadian Consulate.
• Upon payment and submission of your application, you will receive a mail confirming receipt of your application.
• Electronic Travel Authorization Application approvals are fast, some as received instantly while others will take not less than one week.
• While travelling, you only need to go with your International Passport as the eTA is already electronically linked to your passport.


An Electronic Travel Authorization allows you to stay in Canada for a period not exceeding six months; however the eTA may be valid for up to five years. If you obtain a new International Passport, you must apply for a new Electronic Travel Authorization Application.

Source: Betterdays

Canadian Electronic Travel Authorization (eTA) is a document issued to persons who are citizens of one of the Countries excluded from the requirement of having a visa to enter into Canada. It is a class of document that will be approved for persons seeking to enter Canada and admissible into Canada in lieu of a visa.

You may not require visa to enter Canada if you have the right information. There are some countries that have a good relationship with Canada and consequent upon that relationship the requirement to have a visa to be admitted into Canada is waived.

The Process of Issuing a Canadian Electronic Travel Authorization (eTA)

Canadian Electronic Travel Authorization is a fast authorization issued to persons traveling into Canada and allows you to board a flight or other means of traveling as an alternative to the Visitor Visa or temporary Resident Permit as it ultimately serves the same purpose.

A Canadian Electronic Travel Authorization allows you to enter Canada and visit family or friends, or for the purpose of tourism and it permits you to stay for a short period of time usually six months or less.
Persons with Canadian Electronic Travel Authorization are not allowed to stay permanently or apply for Canadian citizenship, Canadian issued documents or claim any form of Canadian benefits.

The process of obtaining a Canadian Electronic Travel Authorization is very fast. It is a swift version of the visa application and it does not require many documents as in the case of visa application. The major requirement to obtain an Electronic Travel Authorization is for the applicant to be a citizen of one of the countries allowed into Canada without a visa and provided that the purpose of traveling is for visiting a family temporarily or tourism.

Therefore if you qualify for a Canadian Electronic Travel Authorization (eTA) and your purpose of traveling is for family visit or tourism, you cannot apply for a visa. Nevertheless, persons who seek to enter Canada for the purpose of work, study or staying permanently will need a visa even if you are a citizen of countries allowed into Canada with an Electronic Travel Authorization.

Countries allowed Enter into Canada without a Visa but with Canadian Electronic Travel Authorization (eTA)

A
• Australia
• Andorra
• Austria
B
• Bahamas
• Barbados
• Belgium
• British citizen
• British National (Overseas)
• British overseas citizen (re-admissible to the United Kingdom)
• British overseas territory citizen with citizenship through birth, descent, naturalization or registration in one of the British overseas territories of:
o Anguilla
o Bermuda
o British Virgin Islands
o Cayman Islands
o Falkland Islands (Malvinas)
o Gibraltar
o Montserrat
o Pitcairn Island
o Saint Helena
o Turks and Caicos Islands
• British Subject with a right of abode in the United Kingdom
• Brunei Darussalam
• Bulgaria
C
• Chile
• Croatia
• Cyprus
• Czech Republic
D
• Denmark
E
• Estonia
F
• Finland
• France
G
• Germany
• Greece
H
• Hong Kong Special Administrative Region of the People’s Republic of China must have a passport issued by Hong Kong SAR.
• Hungary
I
• Iceland
• Ireland
• Israel, must have a national Israeli passport
• Italy
J
• Japan
K
• Republic of Korea
L
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
M
• Malta
• Mexico
• Monaco
N
• Netherlands
• New Zealand
• Norway
P
• Papua New Guinea
• Poland
• Portugal
R
• Romania (electronic passport holders only)
S
• Samoa
• San Marino
• Singapore
• Slovakia
• Slovenia
• Solomon Islands
• Spain
• Sweden
• Switzerland
T
• Taiwan, must have an ordinary passport issued by the Ministry of Foreign Affairs in Taiwan that includes the personal identification number
U
• United Arab Emirates
• United States, and lawful permanent residents
V
• Vatican City State must have a passport or travel document issued by the Vatican.
Notwithstanding all that is contained herein, if you are traveling by car, train, bus, or ship you must check and confirm with the Canadian Consulate in your home country on whether you can enter Canada with an Electronic Travel Authorization (eTA) or need a temporary resident visa. This is because the rules may vary depending on your means of transportation or travel and your country of origin.
Requirements to Obtain a Canadian Electronic Travel Authorization (eTA)
In order for a person seeking to enter Canada to be eligible for the Electronic Travel Authorization (eTA), you must satisfy few criteria, such as:
• You must be a citizen of one of the Countries listed above or resident in the said immigration status;
• You must be 18 years old or above and if you are less than 18 years old, a parent or guardian must apply on your behalf;
• You must have sufficient funds to cover your stay in Canada;
• You must not have been convicted of any crime(s) and must not have a criminal record;
• You must have a valid International Passport issued from your government
• You must be healthy and without any dangerous medical problems which might make you seek medical treatment in Canada that you cannot afford. if you will be seeking medical treatment in Canada, you must state that and prove you have sufficient funds to cover your hospital bills and treatment;
• You must demonstrate that you have the intention to return to your home country and have strong ties to your home country;
• You must not intend to study or work in Canada.

Source: Betterdays

Jobs in Canada without Work Permit


There are exceptions to every general rule; the same applies to the request for work permit before a foreign national can legitimately work in Canada. Foreign nationals may seek employment to work legitimately in Canada without work permit if they are employed to work in one of the following jobs:


1. Public Speakers: These are guest speakers for precise events, commercial speakers and seminar leaders. The speaking engagements must not exceed five days. There may be some circumstance where a speaker would require a work permit and LMIA, they are:
• Commercial speakers who are hired by a Canadian business to provide training services.
• Guest athletics instructors coming to teach weekend seminars.


2. Convention Organizers: These are persons (individuals, committee, support staffs) responsible for organizing convention or conference in Canada such as Corporate Meetings, Association Meetings, Trade Shows or Exhibition, Consumer Shows or Exhibition. This exempt from work permit for Convention Organizers does not include “hands-on” workers who provide installation and dismantling services, audio-visual services, decoration service or exhibit building services.

Nevertheless, a convention organizer will have to obtain a work permit if they are organizing an event for an organization under the under-listed circumstance:
• actively doing business in Canada
• centered in Canada
• has a subsidiary branch in Canada


3. Clergy: A person preaching doctrine, presiding at religious events or providing spiritual guidance will be exempt from the work permit requirement. Peoples who do not perform the work above although are engaged in religiously based community service activities will have to obtain work permit but do not need to get a LMIA.
Persons seeking entry to Canada under the Clergy category must be able to provide evidence concerning:
o The genuineness of their religious employment offer
o The authenticity of the religious group that is offering the job
o The ability of the clergyman to perform clerical duties for a congregation of the relevant religious group (e.g. ordination certificate)

4. Sports Judges, Referees and Similar Officials: Judges, referees and similar officials may work in Canada without a work permit if they are involved in any of the under-listed:

• An international amateur sports contest
o organized by an international amateur sporting association and hosted by a Canadian organization.
o international cultural or artistic event or contest
o an animal or agricultural contest
Referees for professional sporting leagues are normally required to obtain a work permit and a LMIA.
5. Examiners and Evaluators: Successful academics that direct students and review their work will be allowed to enter Canada and work without a work permit in order to review their students’ thesis and papers.

6. Expert Witnesses or Investigators: This refers to persons:
o entering Canada to conduct surveys or analyses that will be used as evidence before a regulatory body, tribunal or court of law
o entering Canada to serve as an expert witness before a regulatory body, tribunal or court of law

7. Civil Aviation Inspectors: This refers to flight operations inspectors and cabin safety inspectors who enter Canada temporarily while inspecting the safety procedures on commercial international flights. They are exempt from the work permit requirement.

8. Aviation Accident or Incident Inspectors: These are accredited representatives or advisors that aid in the investigation of aviation accidents or incidents under the authority of the Canadian Transportation Accident Investigation and Safety Board Act, they are exempt from the work permit requirement.

9. Emergency Service Providers: These are persons who come to Canada for the purpose of rendering services in times of emergency such as:
o Doctors
o Medical teams
o Appraisers
They are exempt from work permit requirement. The emergency may be due to medical, industrial or natural disaster.

10. Implied Status: A worker whose work permit is expired may continue working in Canada under the conditions of an expired work permit in as much as such worker have applied for a new permit before the initial work permit expired.

11. Farm Work: A person may work on a farm without a work permit under the following circumstances:
o The farm work is on a volunteer basis
o The person’s primary reason for coming to Canada was something other than the farm work (such as tourism or visiting family/friends)
o The farm work is non-commercial.

12. Business Visitor: A business visitor is a foreign worker who requests to enter Canada to carry out international business activities for their employer without directly entering the Canadian labor market.

13. Foreign Representatives and Their Family Members: Foreign Representatives and Their Family Members are persons enter Canada as foreign representatives. They are allowed to work without a work permit if they are is employed as a foreign representative to work under the category listed below:
• Accredited foreign representative by the Canadian Department of Foreign Affairs, Trade and Development (DFATD).
• Persons entering Canada to carry out official duties under the following circumstances:
o Diplomatic agent
o Consular officer
o Representative or official of a country other than Canada
o Representative or official of the United Nations
o Representative or official of a United Nations agency
o Representative or official of an international organization of which Canada is a member
Family members of the foreign representatives as stated above will as a rule be able to work in Canada without a work permit provided they are
issued a “no-objection letter” by the Department of Foreign Affairs, Trade and Development Act (DFATD).

14. Military Personnel: Military Personnel: Military personnel who ordered to work in Canada do not need a work permit in as much as they are serving a country that is designated under the Visiting Forces Act. For This work permit exemption applies to military personnel and not “military attachés”, who are employed by diplomatic missions.

15. Foreign Government Officers: Foreign Government Officers are usually allowed to work in Canada by virtue of an agreement which allows the foreign nation to send an officer to work in a department or agency of the Canadian Federal government or a Canadian Provincial Government.

16. On-Campus Work: Post-secondary students who are on a full-time program may work without a work permit on the campus of the school at which they study. They are exempted from work permit to the extent that the student continues to hold a valid study permit and continues to study at the school. The permit exemption also applies to students who are working as teaching assistants or research assistants.
For the avoidance of doubt, “On-campus work” is defined as work at a location within the boundaries of a post-secondary institution or school campus.

17. Performing Artists: Performing artists are also allowed into Canada without a work permit. A list of persons regarded as performing artists are as follows:
• Foreign-based musical and theatrical performers or groups and their indispensable crew
• Street performers
• Disc Jockey (DJs)
• Traveling festival performers
• Guest artists who are performing with a Canadian performance group for a limited time engagement. In order for a guest artist to be exempted from the work permit prerequisite, it must be apparent that the guest artist will cease their work with the Canadian group after a certain period of time.
• Wrestlers from the World Wrestling Entertainment Incorporated and similar groups
• Persons performing for a limited time at a private event, for instance a wedding
• Air show performers
• Artists attending a workshop and this entry are only allowed for five days or less

18. Athletes and Team Members: Professionals or amateur athletes born in foreign countries may participate individually or as a team in Canadian sporting events without having to obtain a work permit. Coaches, trainers and other significant team members are also exempt from the work permit prerequisite. Spouses of professional athletes working in Canada must obtain a work permit but are excused from the Labor Impact Market Assessment (LMIA) requirement.
A Labor Market Impact Assessment (LMIA) is a document that an employer in Canada may obtain as a condition precedent before hiring a foreign worker. A positive LMIA will demonstrate that there is a need for a foreign worker to fill the job and that no Canadian worker is available to do the job.

19. News Reporters and Media Crews: News reporters and their crews traveling to Canada for the purpose of reporting on events in Canada are not required to obtain a work permit. Journalists working for print broadcast or Internet news service providers are also exempt from obtaining work permit provided the new company is not Canadian.
Employees of foreign news companies who work as correspondents in Canada are also exempt from work permit provided they are not managerial or clerical workers. Nevertheless, managerial and clerical workers will be exempt from work permit if they are covering a special event that is six months or less in duration. Individuals who operate blimps that assist in media coverage of major sporting events are also exempt from the work permit requirement.

20. Crew: A crewmember who works on any means of international transport does not require work permit to work in Canada. The transport vehicle must be foreign-owned and not registered in Canada. The duties of the crewmember must be related to the operation or maintenance of the transport vehicle or the provision of services to passengers.

21. Off-Campus Work: Some foreign students are allowed to work off campus without a work permit in Canada for up to 20 hours a week during a regular academic semester. Such students may also work full time during scheduled breaks or holidays such as summer/winter holidays and reading week. This exception only applies in cases where:
• The student must be a valid study permit holder.
• The student’s academic program is a full time and enrolled at a designated learning institution.
• The program in which the student is enrolled is a post-secondary academic, vocational or professional training program, or a vocational training program at the secondary level offered in Quebec.
• The program of study is at least six months or more in duration and leads to a degree, diploma or certificate.
• The student continues to fulfill the terms and conditions of their study permit.
• The student works no more than 20 hours a week during a regular academic semester.
Foreign students are ineligible for this exception if they:
• Are a visiting or exchange student.
• Are registered in a general interest program.
• Are registered in an English or French as a second language (ESL/FSL) program.

22. Foreign Health Care Student: These are foreign students who are registered at a foreign university who may work in a clinical clerkship or short-term practicum without a work permit in as much as they are studying in one of the following fields:
• Medicine
• Nursing
• Occupational and physical therapy
• Medical Technology

Source: Betterdays

Canada as a nation is a country in the North American continent bordered above the United States and acknowledged as a highly developed country. The desire of people to travel or migrate to Canada has been progressively rising in the last few years, although the majority of people are unsure how they can get to Canada. There are various Canada Visa Categories and the first thing to do is to decide your purpose of traveling to Canada because your reason for traveling will ultimately decide your visa category.
Canadian Visa Categories

There are generally two categories of the Canada Visa which are:
• Temporary Canada Visa
• Permanent Canada Visa

Temporary visas permit the holder to stay in Canada for a limited period of time for the purpose of tourism, family visit, studying in an institution, or working through a temporary work permit. While on the other hand permanent visas permit the holder of the visa to move to Canada permanently to reside and work and also steer a path to Canadian citizenship.

Types of Canadian Visa

There are generally two Canada visa categories; each category has their specific visa types obtainable by applicants depending how they meet the eligibility criteria. The visa types are to wit:

• Temporary Visas
Temporary Canada visa permits the holder to stay in Canada for a definite period of time which is decided by the Canadian Consulate or the Border Services Officers (BSO) and usually up to six months as single or multiple entry visas.

Single entry visa allow the holder entrance to Canada once and stay for six months before returning to their home country, while a multiple entry visa allow the holder entrance into Canada multiple times to stay temporarily for a period not more than six months per entry until the visa expires.

There are different types of Canadian Temporary Resident Visa (TRV); it is issued according to your purpose of visit which they to wit:
o Tourist Visa
o Super Visa for Parents and Grandparents
o Diplomatic and Official Visa
o Courtesy Visa
o Facilitation Visa
o Business Persons and Business Delegations Visa
o Persons Traveling to Canada to give Birth
o Intending Organ Donors
Other Temporary Visa includes
o Student Visa (Study Permit)
o Temporary Work Permit
o Temporary Resident Permit
o Working Holiday Visa

• Permanent Canada Visa Categories
Permanent Canada visas permit the holder to permanently settle in Canada as a resident. They may also be referred to as immigrant visas. Immigrant visa also have different types which are as follows:

o Express Entry Program
Canadian Express Entry Program is an electronic immigration plan designed by the Government of Canada to allow people from all over the world to apply for permanent immigration to Canada based on their specific skills, education work experience and language proficiency.

The Express Entry Program consists of the following:
 Federal Skills Trade Program (FSTP)
 Federal Skilled Worker Program (FSWP)
 Provincial Nomination Program (PNP)
 Canadian Experience Class

o Business Immigrant Visa
Business Immigrant Visa includes:
 Immigrant Investor program
 Entrepreneur Program
 Self Employed Persons Program
Other Immigrant Visa includes:
o Quebec-Selected Skilled Worker Program (QSWP)
o Family Sponsorship Program (FSP)
o Live-in Caregiver Program (LCP)

Choose your visa category now before you start your application. Your visa category will largely determine the requirements and criteria.

Source: Betterdays

Mergers and acquisitions (M&A) is a universal phrase that refers to the consolidation of two companies or assets involving a variety of financial transactions.

It may also be used to refer to the department or unit at financial institutions that deal or transact with issues bothering on mergers and acquisitions.

The process of the business transaction and outcome of M&A usually results in the purchase or takeover of one company by another. The companies involved in a merger or acquisition, upon completion will combine businesses together or sop up one business entity into another.

The effect of M&A will make the business larger, smaller or completely alter the structure of both companies.
The law regulating Mergers and acquisitions generally involves negotiating the transaction and preparing the necessary paperwork to complete the merger or acquisition legally by filing the necessary papers and forms with the appropriate Government authority, paying the prescribed fees and counseling directors of companies in the possible potentials and/or risk of the proposed mergers and acquisitions.

Merger in Business

A merger occurs when two corporate organization or companies by virtue of a legal agreement come together to form a new company and consolidate to carry on business together.

Generally, the nature and character of a merger are premised upon the fact that it will create a distinctive business structure and atmosphere that will allow the merging companies an equal playing ground in the affairs and process of the merger. Naturally the old shares from each merging company will be transferred to form new shares in the name of the new corporate body.
The basis of a Merger
• Two directly competing companies may come to terms for a merger to form a larger company that will offer the same product or service.
• Two companies who offer related products in different markets can also agree to merge for the purpose of expanding the size and dimensions of their respective markets.
• A manufacturer can also consider a merger with a supplier, or companies that offer different but similar products to offer a combination of products in a particular market.

Acquisition in Business

When one company buys over the assets and liabilities of another company and takes over operations and goodwill of same, an acquisition would be said to have occurred legally speaking.

An acquisition also known as a takeover can involve both private and public companies. In some cases the company to be acquired or her management may be opposed to the occurrence of the transaction, but due to the commercial realities they may be left with no other choice, such acquisition is called a hostile acquisition.

Acquisitions are usually carried on be a larger or older company acquiring a smaller or newer company. But in a few other cases, it may be a “reverse takeover” where a younger or smaller company acquires a larger company but maintains the name and goodwill of the larger company.

The Aim of Merger and Acquisition

Merger and Acquisition operate to enhance the business position of a company. It will increase the value of both companies by the transaction. It some cases, it might offer a company the opportunity to diversify and branch-out the geographic locations of her interests in the conduct of business. Shareholders of the company to be acquired may record huge gains as a result of the transaction of merger and acquisition.

The Process or Procedure of a Merger or Acquisition

• Tender offer
A tender offer is an offer made by an acquiring company to purchase stock from the company to be acquired. A merger or acquisition usually starts with a tender offer made by the acquiring company. Generally, an acquiring company will strive to get sufficient shares to have a controlling interest and relevance in the company.

Tender offers are usually a public affair. It is a publication of her offer by a buying company to purchase the shares of another company. The buying company will typically make an offer to buy shares from existing shareholders of another company at a purchase price that is higher than the current market value to lure the shareholders to accept their offer.

The acquiring company may purchase equal to five percent of the stock of a company prior to filing relevant documents and forms with the Securities and Exchange Commission (SEC). At the time of filing with SEC, the acquiring company will provide lucid information on their intentions whether the transaction is geared towards acquisition of share or it is an investment in the company. A tender offer is usually connected to an acquisition.

• Letters of Intent
Letters of Intent is the commencement stage of a merger. A letter of intent will usually contain the fundamental intent, aim and objective of the parties seeking to be merged and consequent to which they will be able to negotiate the absolute details and terms of the agreement.

The letter of intent is an expression of the intendment of parties containing specific details and displaying relentlessness about chasing the merger and proffering the need for further negotiations to seal up the transactions.

A letter of intent might not necessarily contain the terms of a final agreement; however, there are facets or portions of a letter of intent that may be legally binding and enforceable. For instance a clause agreed by the parties to confidentiality or exclusivity of information during negotiation.

It is the responsibility of Attorneys specialized in the practice of mergers and acquisitions law to painstakingly draw up terms of the letter of intent to ensure that it conveys the intent and purpose of their client.

Conducting Due Diligence

The responsibility to do due diligence after the letter of intent lies both parties seeking to merge. Due diligence entails facts finding and learning about the other company and providing information about your company as well. This is usually carried out by Lawyers, accountants and other legal representatives of the Company. The rationale of due diligence is to provide both parties intending to merge the relevant information pertaining to the Companies to enable them negotiate the merger fairly or comparatively.

Regulations and Compliance with State Law and Securities and Exchange Commission

Merger or acquisition is regulated by the U.S. Securities and Exchange Commission (SEC). There are also State Laws that influence the conduct of mergers and acquisition.

The SEC is a federal government agency in the United States bearing the legal responsibility of protecting fairness and efficiency in business transactions and amongst players. Part of the compliance and regulation required by SEC for merging companies is the provision of information to all the shareholders using a proxy or information sheet of the merger or acquisition as the case may be.

Civil Litigation

Like in any other commercial transaction, where a merger or acquisition is not correctly handled or where a party violates the terms of a merger, acquisition or the binding terms of a letter of intent, such commercial dispute can lead to civil litigation.
The erring party will be liable in damages as it applies to the law of contract. Parties may consider arbitration before going to Court; they may also consider the option of agreeing to liquidate damages. In some cases, damages for the violation of a merger or acquisition agreement can include the benefit of the bargain.

The Global Practice of Merger and Acquisition Law

Due to the increase in global and international businesses, mergers and acquisitions require attorneys with experience and should approach international transactions under this subject from an international perspective.
There are unique ways which international law applies to mergers and acquisitions. Lawyers must work to appreciate the dynamics of the in relation to how it applies to their client’s transaction.
It is advisable for Law firms specialized in mergers and acquisitions to have foreign offices or colleagues to facilitate the operation of their transactions.

A merger or acquisition involving large international companies can have a significant impact on the currency and economy of an entire country. Therefore, mergers and acquisitions lawyers should consider the totality of all rules and legislation whether local, state, national or international laws that may have an impact the transaction.

Legal Practice of Mergers and Acquisitions Law

Mergers and Acquisitions Law is an aspect of business or commercial law. Generally, some business lawyers specialize in the practice of same, while others may practice mergers and acquisitions law with a combination of other field or areas of law.
Large companies that seek to merge or acquire other companies frequently hire large law firms due to the volume of work, knowledge and resources needed. International transactions also require massive resources and vast knowledge that transverse national laws of each country and the international laws and treaties that are relevant to the transaction. International law firms or law firms with international offices or presence are regularly able to provide sufficient capacity and legal services expansively and at a cost-effectively rate.

Mergers and Acquisitions are not briefs for an in-house counsel in a company. Attorneys who render large mergers and acquisitions legal service can expect to focus their practice solely on the niche area of law due to its intricacies.
If you are looking for a world class law firm for a large merger and acquisition, you may read our article on Top 2o Law Firms in America or visit: upcounselmarketplace.

Mergers and Acquisitions Lawyer

Mergers and acquisitions are very lucrative aspect of law practice; however it requires vast experience, knowledge and competence. It cannot be used for trial and error. The life and subsistence of companies depends on it.
Companies depend on attorneys who specialize in the field of law to draw inferences reach their business goals legally and efficiently. Mergers and acquisitions briefs are usually high-profile and they require the services of first-rate lawyers.

Mergers and acquisitions law is very challenging and the passion of an attorney will always generate the required results.
Mergers and acquisitions alter the landscape of any business. They require both legal and premeditated preparation. Lawyers who focus on mergers and acquisitions have the opportunity to work on complex business matters that are critically consequential to the business operations of their clients and they can quickly gain international credence depending on the size and nature of the merger or acquisition.

Source: Betterdays

Understanding Civil Rights Law


Civil rights law is an aspect of law that emphasises freedom and equality of all citizens and residents without discrimination or bigotry of any form.
It provides for the right to equal and fair handling of all persons in a society devoid of double standards as provided by law. There are classes of persons who suffer discrimination only on the bases of their gender, race, age, circumstances of birth, form or nature; the Civil rights law makes provision for their protection by offering them the protection of the law whenever they are subject to any form discrimination by others.

Click here to read more Civil Rights Law

Insurance Law is the collection of laws generally applicable to insurance policies, claims, premium, regulations and rates/

An example of a recently enacted Insurance Law is the Affordable Care Act (ACA). The ACA is also dubbed as Obamacare. It is a United States Federal Statute enacted by the 111th Congress of the United States and signed into law by President Barack Obama on March 23, 2010.
In the United States of America, Insurance law is mainly divided into three major categories: the handling of claims, business of insurance, and the content of insurance policies.

• Handling of Claims
Legislation relating to Handling of Claims are laws that regulate and influence how and when insurance companies should react in the face of a claim by the insured or their beneficiaries or successors in title.
These laws prevent insurance companies from unjustly denying claims, by the provisions that protect the insured. Rules for the handling of claims also operate to prohibit insurance companies, in specific situations from cancelling insurance policies merely because the insured made claims. Insurance Law for handling of claims prescribes procedures for making claims and consequences for fraudulent claim attempts.

• Business of Insurance
Enactments made for the Business of Insurance are laws regulate the requirements for promotion, establishment, and operation of an insurance company as it applies to the United States insurance industry. These enactments may vary from state to state as the specific requirements may not be uniform.
Enactments made for the Business of Insurance generally provide and regulate the amount of minimum liquidity which a prospective Insurance Company must have to cover claims of the insured in the event of catastrophic events or natural disasters before a license can be issued.
The Business of Insurance generally governs licensing insurance companies, issuance and withdrawal of licenses, regulations that pertain persons or things that cannot be insured, types of insurance a company must offer within a specific jurisdiction, situations where an insurance company desires to offer specific and mixed policies and matters ancillary to others mentioned above.

• Content of Insurance Policies
There are also laws that regulate the Content of Insurance Policies. These Laws control what a policy should or should not contain. It is designed to prevent predatory and greedy practices by insurers who surreptitiously intend to offer worthless or reduced value policies. These laws also prohibit insurers from the inclusion of ambiguous, misleading or deceptive clauses and titles on policies which may subject the intentions of the policy to multiple interpretations but unknown to a primitive buyer who will be misled to believe that they are buying a specific type of insurance but end up receiving something different.
Laws govern Content of Insurance Policies also regulates other provisions such as reasonable cancellation, disclosures to third parties, and delineations of insured and uninsured events.

Affordable Care Act (Obamacare)


The Patient Protection and Affordable Health Care Act, commonly referred to as Affordable Care Act or "Obamacare” is an all-encompassing set of Federal Laws intended to boost the quality and affordability of health insurance, lower the rate of uninsured Americans by increasing public and private insurance coverage, and reduce the costs of healthcare for both individual citizens and the government.
The set law can achieve its purposes through a number of mechanisms such as mandates, subsidies, and insurance exchanges aimed at promoting coverage and affordability. The Affordable Care Act mandatorily requires insurance companies to cover all applicants irrespective of whether or not they have preexisting medical conditions and without regard to gender in as much as the person meets the new basic standards for coverage.

Legal challenges

The ACA has been a hot-button issue for political controversy. Consequently, some antagonists have challenged the constitutionality of ACA in multiple lawsuits on multiple grounds.

The United States Supreme Court on a 5–4 vote, upheld the constitutionality of the ACA Affordable Care Act in the case of National Federation of Independent Business v. Sebelius; the Court held that the individual mandate was constitutional when analysed as a tax, although not under the Commerce Clause. Nevertheless, the Court also held that states could not be forced to participate in the ACA's Medicaid expansion by withholding all Medicaid funding from States who decline to participate in the expansion.

Politicians have continued to fiercely contest the performance of the law as well as a proposal by conservatives of the Congress to compel a repeal of the law by exercising Congress's "purse power" and allowing a brief federal government shut down to occur in 2013 rather than pass a budget that included funding for the implementation of the Act.

Source: Betterdays

Legally speaking sexual harassment is an unwanted or unsolicited sexual behavior or advance to a person of opposite or same sex in a working environment to cause intimidation, hostility, or offense to the other.

The act of sexual harassment in workplaces has been held to be repeated offensive, vilifying or belittling jokes, public display of disgusting pornography, fashioning an intimidating work atmosphere with an obvious intent of sexual assault.

Federal and State legislation providentially protect workers from discrimination based on gender as well as sexual harassment in a workplace by same laws. Precisely by virtue of Title VII of the Civil Rights Act, there exists Federal legislation that prohibits sexual harassment. This law is practically domesticated in most states to regulate just employment practices laws by directly providing for the prohibition of sexual harassment in workplaces. Most state laws have more stringent punishment than the federal law.

The purpose of this article is to create awareness of the legal or necessary steps to be taken by a person who is sexually harassed at work and how you can protect yourself from further harassment. Some of the steps are to wit:

Boldly Confront the Harasser and Verbally a Stop to the Offensive Behavior

It may be difficult to take this bold step, but it is one of the most effective ways of dealing with harassment at its early stage. Early signs of sexually offensive behavior may take the form of despising or poor jokes, unsuitable remarks about your physical appearance, or vulgar animations posted around the office to make a caricature of you.
You must note that spoken words initiate most harassment and plainly demanding that you want the offensive behavior to stop is imperative to terminating same because it puts the harasser on notice that you are not interested in the undesirable conduct.... Read More [/url]Here


Source: [url=https://betterdays.us/sexual-harassment-protection/]Betterdays

A Road user who is convicted by a Court for the offense(s) of DUI and DWI may face hard penalties or punishment than mere payment of fines.
We have written extensively on How To Deal With DUI or DWI Charge but as with any other criminal charge, the presumption of innocence until proven guilty is a guiding principle of law in a charge of any person (a road user or driver) with the offense of driving under the influence (DUI) or driving while intoxicated (DWI).

If guilt is ascertained during trial either by the defendant's plea of admitting the crime or after a full-blown jury trial, the penalty to be awarded will depend on the extant law applicable in each state and also based on any maddening or aggravating circumstances for instance: the evidence of or presence of an open bottle containing alcohol or liquor in the car and/or the defendant's level of behavior or cooperation with the police at the time of apprehension.

Jail Time For DUI And DWI

First Offences of DUI and DWI in all States of America are usually classified as a misdemeanor. Misdemeanors are criminal offenses punishable by a jail term of not more than six months. However, the jail time may be reviewed upwards under certain situations. For instance, example, the legal limit of blood alcohol concentration (BAC) is .08%, the extant law of some states provides and permits more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of apprehension was principally high up to .15% or .20%.

Most states generally require minimum jail sentences of quite a few days for first offenders; while subsequent offenders may be punished by jail sentences of a number of months an up to a year.
There are cases of DUI or DWI that are classified as a felony; for instance, if the driver killed or injured someone or where the driver is a third or fourth DUI offender, the judge will be under a duty to sentence the driver to a jail term of several years. The specific sentencing will largely depend on the extant law applicable in the state and based on the discretion of the judge at the trial.
Fines For DUI And DWI
Courts are also empowered by law to imposes huge fines for DUI and DWI offences, and in some cases, fines and jail sentences may be awarded simultaneously, and same will not amount to double jeopardy. Fines for DUI and DWI range from $500 to $2,000.

Driver's License Predicaments

A court order or mandate of the state motor vehicles department may suspend the driver’s license of a DUI or DWI offender for a considerable period of time. This is may also serve as punishment to deter the further commission of the crime.
In some states, first offenders are not usually punished with jail sentence of fines rather their license may likely be suspended for up to 90 days; a second offender's driver’s license may also be suspended for a period of one year; while a third offender may have his or her license suspended for three years to deter the offender from being able to commit the offense in the future.

Some road users also refuse to take a blood, breath, or urine test to ascertain their blood alcohol concentration (BAC), such refusal can lead to suspension of license irrespective of the facts ascertained in addition to any other punishment imposed by the court.

During a suspension, an offender may obtain a hardship license to enable him or her to drive within a limited distance for instance to and from work or school.

Other penalties that may be imposed on a repeat offender in some states include: restraining the offender from ever getting back on the road, confiscating the car or canceling its registration temporarily or permanently, the state may also require an ignition interlock device (IID) to be fastened to the vehicle of the DUI or DWI offender.

Ignition interlock device (IID) is a device that requires a driver to blow into a small handheld alcohol sensor unit affixed to the dashboard and can only start the car if the driver’s BAC is below the preset level which is usually .02% to .04%.

[/b]Other Forms of Punishment for DUI And DWI

In some states, there are alternative punishments and sentences imposed by courts on DUI or DWI offenders may include compulsory treatment for alcohol abuse, alcohol teaching and prevention programs, assessment of a driver or road user for possible alcohol or drug dependency or addiction, and victim restitution or community service.

A judge may order any of these alternative punishments mandatorily in place of jail time or payment of fines in most cases for a first offender. The judge may also order any of these punishments along of combination with other penalties listed above.
For instance, the state of Texas, it is mandatory for a minor convicted of DUI to compulsorily perform community service, in adding together with any other sentence or punishment.

[b]DUI And DWI Young Offenders

Generally, crimes committed by minors are usually viewed at law from a separate mirror, but this is not the case with DUI and DWI. The legal age for drinking liquor is 21 years in most states; therefore, a minor found to have consumed alcohol will be held to have committed a separate crime even if he/she was not driving when found.

A minor apprehended for DUI or DWI will not get reduced punishment, being a minor is capable of making the aggravating the consequence or punishment from the court. In most states, minors are punished based on lesser BAC levels of .02%, below the legal standard .08% for adults. The extant laws of some states may impose adult sentences on underage DUI offenders, and they may likely have their licenses suspended for up to one year.

Other DUI And DWI Consequences

Irrespective of the legal punishments that may be imposed by law on a DUI or DWI offender, the driver's insurance company may also penalize him or her by canceling the insurance policy or significantly increasing the fees or premium due to the hit to the offender’s driving record. DUI and DWI charge usually stays on the offenders driving record for several years.

An insurance company may also cancel the insurance policy if a person’s driver's license is suspended.
A person convicted or DUI or DWI may not be employable for some jobs such as driving for a corporate organization, school bus, delivery van, courier services or any position that driving is involved as part of the employment function.

Civil Suit For Personal Injury Cases
Notwithstanding all that is contained herein, a driver may also face a separate civil lawsuit if accident victims make a decision to sue for property damages or bodily injuries. You may read our article Personal Injury Lawsuit: What Litigants Should Expect in Court for more details.
State Penalties For DUI and DWI
You may wish to find out the fines, jail time, and other penalties for DUI or DWI in your state, kindly visit: https://www.justia.com/50-state-surveys/drunk-driving-dui-dwi/

Source: [url=https://betterdays.us/dui-and-dwi-punishments-and-penalties/][/url]BETTERDAYS

Legal Internships Are Available In Summer 2019 Within The Following Business Areas:

• Corporate
• Content Distribution
• Telemundo Enterprises
•
Internships may include (but are not limited to):
• Legal Department
• Content Distribution
• Business and Legal Affairs

Daily responsibilities and projects may include (but are not limited to):

Legal Department within Corporate:
• General legal research, document review, and legal drafting.

Content Distribution:
• Support the team with respect to the distribution transactions, working side by side with the attorneys and their business counterparts to bring deals to successful completion.

Business And Legal Affairs
• Drafting of basic agreements, amendments, and other legal documents.

• Analysis of content license agreements in connection with company mandated requirements.

• Analysis of various agreements for input of rights information into the department’s rights management system

• Review and revision of form agreements.


Qualifications/Requirements
• In pursuit of an Associate, Bachelor or Graduate degree at an Accredited Institution and be able to provide documentation to confirm your degree progress.

• Current class standing of sophomore or above (30 credits)

• Cumulative GPA of 3.0 or above

• Must be 18 years of age and above

• Must be authorized to work in the United States without visa sponsorship by NBC Universal

• Needs to be able to work on-site in New York, NY or Miami, FL

• Internships at NBC Universal are paid and do not require course credit

• Deadline: Interested applicants are encouraged to apply by February 15, 2019

• Summer Program Dates: June - August 2019

Desired Characteristics
• Desired Backgrounds: Must be enrolled in a Juris Doctor program at an accredited law school and have completed at least one year.

• Classes or experience in copyright and contracts law preferred. Trademark law also a plus.

• Desired Characteristics: Excellent written and verbal communication skills, knowledge of MS Office (Word, Excel and Outlook), strong organizational skills, ability to handle multiple tasks in fast paced environment, attention to detail and a sense of confidence and discretion; knowledge of entertainment and copyright law helpful; must be able to work both in a team environment and independently.

Sub-Business
Campus Programs Interns

Career Level
Co-op/Intern

City
New York

State/Province
New York

Country
United States

About NBC Universal

The NBC Universal Internship Program is an experience like no other. NBC Universal offer diversity of opportunities, with unique internships across iconic portfolio of brands. Through unparalleled access to the best in the business, hands on training and one of a kind networking events, NBC Universal interns have the chance to influence change. NBC Universal interns are ambitious, innovative and savvy; they shape the way we do things. At NBC Universal, you can contribute as content creators, problem solvers and innovators. Here you can learn the power and possibilities of media and technology.

Notices
NBC Universal’s policy is to provide equal employment opportunities to all applicants and employees without regard to race, color, religion, creed, gender, gender identity or expression, age, national origin or ancestry, citizenship, disability, sexual orientation, marital status, pregnancy, veteran status, membership in the uniformed services, genetic information, or any other basis protected by applicable law. NBC Universal will consider for employment qualified applicants with criminal histories in a manner consistent with relevant legal requirements, including the City of Los Angeles Fair Chance Initiative For Hiring Ordinance, where applicable.

APPLY NOW

SOURCE: BETTERDAYS

DUI or DWI are abbreviations for the offenses such as “driving under the influence” or “driving while intoxicated.”
A driver may be arrested for DUI or DWI and arraigned before a judge for a plea and after that trial or hearing. During the arraignment, the defendant will be formally presented to Court appearing in person to answer to his charge.

The prosecution will put out questions to the defendant after reading the charge, and he will be expected to respond to the charge by entering a plea.

DUI or DWI and Traffic Tickets

There are legal consequences for drivers found guilty of DUI or DWI, Traffic Ticket, or Driver's License Suspension. You can learn more from our article on the Legal Options Available To An Offender concerning Traffic Tickets.
Drivers and road users should as a matter of compulsion endeavor to be conversant with penalties, possible defenses, arraignment procedure, plea bargaining, available legal options, and how to prepare for court cases in traffic-related cases


Court Room Expectations At Arraignment

Generally, the practice and procedure in Courts are homogeneous. However, for DUI and DWI upon arraignment of a defendant, he will be asked to take a plea to the charge. The purpose of the plea is to commence the trial in line with the cardinal principle of fair hearing, which requires that the other side be heard.

A defendant is expected to consider answering the question in affirmative by pleading "nolo contendere" (no contest), guilty or de-affirmative as n ot guilty. A plea of guilty empowers the court to convict the defendant with further trial or hearing, while a plea of not guilty will authorize the judge to set the matter for hearing and evidence will be called.

A Defendant under arrest may seek the service of a lawyer to apply for bail. A lawyer could also be appointed for Defendant, and the Court may set the amount of bail.

A Defendant may also be released on self-recognizance at arraignment if charged with misdemeanors but have not already posted bail depending on the social status of the Defendant.

At an arraignment, it may be unnecessary to hire an attorney to represent you based on the fact that a Defendant can always change a plea from not guilty to guilty or "nolo contendere" (no contest). Upon engaging the services of a lawyer, after evaluating the case, the attorney may offer advice on what nature of plea suits the facts of the case.

The Defendant may also demand or request for a jury trial; this is applicable in some states. In such jurisdictions or states, a defendant does not necessarily need to apply for a jury trial but will be assumed to have a request for one excepts you expressly waive your right to request for a jury trial. A Defendant is also entitled to drop a demand for a jury trial along the line.

Legal Options Available To Defendants in DUI or DWI


The most critical step a Defendant may take upon incarceration is the bail process. Upon being released from jail on bail, the service of an experienced lawyer in DUI or DWI will be required to evaluate the case according to facts and available evidence appropriately. The lawyer may consider and advice on the following alternatives available which may include:
• A plea of guilty as charged
• A plea bargain to reduce the charge of reckless driving involving alcohol also known as "wet reckless."
• Request for a jury trial (jury trial is not available in all states)
• Apply for a hearing before a judge, or


Challenging A Charge Of DUI Or DWI or Plea Bargain

The strength or probative value of evidence available to the prosecution usually determines whether or not a charge of DUI should be challenged.

Incontrovertible Evidence of high blood alcohol concentration (BAC) or extreme intoxication may require a Defendant to negotiate a plea deal or bargain to avoid going through the process of trial and gaining a conviction for maximum punishment under law whereas, in a plea bargain, there are possibilities of reducing the sentence.

Generally, in every state of America, a Defendant may be convicted of a "per se" DUI for driving with a BAC of .08% or more, irrespective of whether or not the Defendant was substantially affected by alcohol practically drank.
It may be hard to win the prosecution at trial is a driver has a high BAC of approximately .12% or more, a jury will find it difficult to be convinced that a drunk driver is below the legal limit even if an attorney succeeds in casting doubts on the precision of the BAC measurement.

An attorney may argue favorably for a Defendant in a per se DUI charge at trial where the BAC is a little lower or close to .08% or precisely .08% on the dot or slightly above .08%. The contention of your attorney will be to persuade the jury that the Defendant is either below or within the margin of error due to the testing procedure.

An attorney may also succeed in advancing the argument to convince the jury depending on the facts that the Defendant’s BAC was below limit while driving but had risen at the time of the test. This defense is also known as the "rising blood alcohol defense.

The court will also consider evidence of impairment. Proof that a Defendant was driving while affected by consumed drugs or alcohol can also lead to a DUI conviction. The prosecution doesn't need to have a chemical testing indicating that a Defendant consumed a prohibited quantity of drugs or alcohol in the blood which is known as evidence of a per se DUI, provided there is proof of actual impairment, DUI can be held to be established. This is the second type of DUI; it is based on actual impairment.
Evidence of impairment is usually deduced from dangerous driving, poor field sobriety test (FST) performance, violent reactions or responses, slurred speech, and behavior signifying intoxication.

In some cases, actions considered as evidence of impairment can be invalidated or explained for example a driver can fail to complete an FST accurately due to stress, tiredness or lack of direct coordination.
In other instances, evidence impairment due to behavior signifying intoxication such as a driver swerving all over the freeway and pedestrian way may not be able to refute or explain away the actions.

There different factors that will determine your chances of success in winning a DUI case. It is advisable you seek an audience with an experienced DUI attorney to avoid unnecessary and avoidable risk.

Requesting For A Jury Trial

A Defendant who opts to challenge the charge of DUI during the trial and probably request for a Jury Trial may likely stand a fair chance with a Jury of his/her peers than with a Judge individually deciding the case. This may not necessarily follow in all cases for instance where the Defendant raises a defense that is relatively unusual or with legal technicalities. For example, if the defendant staggered out of a bar and into enters a car and fell asleep but did not drive a judge might be more sympathetic to such defense than a Jury.

Plea Bargain In DUI or DWI And How It Works

Plea bargain also known as "Sentence Bargain" is a judicial process or procedure where the prosecution and the defendant or through the defendant's attorney enters into a compromise for the defendant to enter a plea of guilty or a no contest plea in exchange for a reduced charge, conviction of fine, sentence or jail term without having to go to trial.

In Plea bargaining, the defendant and attorney will have to assess the facts and available evidence and their probative value in line with some of the issues we have earlier discussed in this article above and draw inferences on whether or not to go for trial.
The decision of the Defendant will grossly depend on the weakness or otherwise strength of the case of the prosecution to determine and obtain a better plea bargain.

The bargaining of a defendant will diminish when the evidence of guilt is compelling. In some cases, prosecutors are often unwilling to negotiate or bargain when there are annoying factors like extremely high BAC or injuries.

[b]Get An Attorney
[/b]A Defendant may not arrive at an accurate decision whether to plea bargain or proceed with the case to trial without the help of an attorney. The value of hiring an attorney to help resolve legal issues cannot be overemphasized.

It is almost impossible to evaluate facts along with evidence and attach probative value to same without the help of an attorney.
Trial Judges are empowered by law to appoint attorneys for persons who are unable to afford an attorney if the Defendant brings it to the notice of the Court at arraignment. The Judge will almost certainly ask the Defendant to fill out a financial disclosure form and refer same to the public defender's office. The judge may also appoint a private defense attorney to represent you in most rural areas.

If the Defendant does not qualify for free legal representation due to tight finances, you might hire an attorney for the restricted purposes such as fully explaining the available legal options to the Defendant or work out a plea bargain with the prosecutor.
You may read our article on Top 20 Law Firms in America; you may also hire lawyers through UpCounsel. UpCounsel is an online souk for legal services. It allows users to find and hire attorneys via their site. UpCounsel was founded in 2012; it is based in San Francisco, California, USA, and initially provided its service to users in California and New York. Source: Better Days

DUI or DWI are abbreviations for the offenses such as “driving under the influence” or “driving while intoxicated.”
A driver may be arrested for DUI or DWI and arraigned before a judge for a plea and after that trial or hearing. During the arraignment, the defendant will be formally presented to Court appearing in person to answer to his charge.

The prosecution will put out questions to the defendant after reading the charge, and he will be expected to respond to the charge by entering a plea.

DUI or DWI and Traffic Tickets

There are legal consequences for drivers found guilty of DUI or DWI, Traffic Ticket, or Driver's License Suspension. You can learn more from our article on the Legal Options Available To An Offender concerning Traffic Tickets.
Drivers and road users should as a matter of compulsion endeavor to be conversant with penalties, possible defenses, arraignment procedure, plea bargaining, available legal options, and how to prepare for court cases in traffic-related cases


Court Room Expectations At Arraignment

Generally, the practice and procedure in Courts are homogeneous. However, for DUI and DWI upon arraignment of a defendant, he will be asked to take a plea to the charge. The purpose of the plea is to commence the trial in line with the cardinal principle of fair hearing, which requires that the other side be heard.

A defendant is expected to consider answering the question in affirmative by pleading "nolo contendere" (no contest), guilty or de-affirmative as n ot guilty. A plea of guilty empowers the court to convict the defendant with further trial or hearing, while a plea of not guilty will authorize the judge to set the matter for hearing and evidence will be called.

A Defendant under arrest may seek the service of a lawyer to apply for bail. A lawyer could also be appointed for Defendant, and the Court may set the amount of bail.

A Defendant may also be released on self-recognizance at arraignment if charged with misdemeanors but have not already posted bail depending on the social status of the Defendant.

At an arraignment, it may be unnecessary to hire an attorney to represent you based on the fact that a Defendant can always change a plea from not guilty to guilty or "nolo contendere" (no contest). Upon engaging the services of a lawyer, after evaluating the case, the attorney may offer advice on what nature of plea suits the facts of the case.

The Defendant may also demand or request for a jury trial; this is applicable in some states. In such jurisdictions or states, a defendant does not necessarily need to apply for a jury trial but will be assumed to have a request for one excepts you expressly waive your right to request for a jury trial. A Defendant is also entitled to drop a demand for a jury trial along the line.

Legal Options Available To Defendants in DUI or DWI


The most critical step a Defendant may take upon incarceration is the bail process. Upon being released from jail on bail, the service of an experienced lawyer in DUI or DWI will be required to evaluate the case according to facts and available evidence appropriately. The lawyer may consider and advice on the following alternatives available which may include:
• A plea of guilty as charged
• A plea bargain to reduce the charge of reckless driving involving alcohol also known as "wet reckless."
• Request for a jury trial (jury trial is not available in all states)
• Apply for a hearing before a judge, or


Challenging A Charge Of DUI Or DWI or Plea Bargain

The strength or probative value of evidence available to the prosecution usually determines whether or not a charge of DUI should be challenged.

Incontrovertible Evidence of high blood alcohol concentration (BAC) or extreme intoxication may require a Defendant to negotiate a plea deal or bargain to avoid going through the process of trial and gaining a conviction for maximum punishment under law whereas, in a plea bargain, there are possibilities of reducing the sentence.

Generally, in every state of America, a Defendant may be convicted of a "per se" DUI for driving with a BAC of .08% or more, irrespective of whether or not the Defendant was substantially affected by alcohol practically drank.
It may be hard to win the prosecution at trial is a driver has a high BAC of approximately .12% or more, a jury will find it difficult to be convinced that a drunk driver is below the legal limit even if an attorney succeeds in casting doubts on the precision of the BAC measurement.

An attorney may argue favorably for a Defendant in a per se DUI charge at trial where the BAC is a little lower or close to .08% or precisely .08% on the dot or slightly above .08%. The contention of your attorney will be to persuade the jury that the Defendant is either below or within the margin of error due to the testing procedure.

An attorney may also succeed in advancing the argument to convince the jury depending on the facts that the Defendant’s BAC was below limit while driving but had risen at the time of the test. This defense is also known as the "rising blood alcohol defense.

The court will also consider evidence of impairment. Proof that a Defendant was driving while affected by consumed drugs or alcohol can also lead to a DUI conviction. The prosecution doesn't need to have a chemical testing indicating that a Defendant consumed a prohibited quantity of drugs or alcohol in the blood which is known as evidence of a per se DUI, provided there is proof of actual impairment, DUI can be held to be established. This is the second type of DUI; it is based on actual impairment.
Evidence of impairment is usually deduced from dangerous driving, poor field sobriety test (FST) performance, violent reactions or responses, slurred speech, and behavior signifying intoxication.

In some cases, actions considered as evidence of impairment can be invalidated or explained for example a driver can fail to complete an FST accurately due to stress, tiredness or lack of direct coordination.
In other instances, evidence impairment due to behavior signifying intoxication such as a driver swerving all over the freeway and pedestrian way may not be able to refute or explain away the actions.

There different factors that will determine your chances of success in winning a DUI case. It is advisable you seek an audience with an experienced DUI attorney to avoid unnecessary and avoidable risk.

Requesting For A Jury Trial

A Defendant who opts to challenge the charge of DUI during the trial and probably request for a Jury Trial may likely stand a fair chance with a Jury of his/her peers than with a Judge individually deciding the case. This may not necessarily follow in all cases for instance where the Defendant raises a defense that is relatively unusual or with legal technicalities. For example, if the defendant staggered out of a bar and into enters a car and fell asleep but did not drive a judge might be more sympathetic to such defense than a Jury.

Plea Bargain In DUI or DWI And How It Works

Plea bargain also known as "Sentence Bargain" is a judicial process or procedure where the prosecution and the defendant or through the defendant's attorney enters into a compromise for the defendant to enter a plea of guilty or a no contest plea in exchange for a reduced charge, conviction of fine, sentence or jail term without having to go to trial.

In Plea bargaining, the defendant and attorney will have to assess the facts and available evidence and their probative value in line with some of the issues we have earlier discussed in this article above and draw inferences on whether or not to go for trial.
The decision of the Defendant will grossly depend on the weakness or otherwise strength of the case of the prosecution to determine and obtain a better plea bargain.

The bargaining of a defendant will diminish when the evidence of guilt is compelling. In some cases, prosecutors are often unwilling to negotiate or bargain when there are annoying factors like extremely high BAC or injuries.

[b]Get An Attorney
[/b]A Defendant may not arrive at an accurate decision whether to plea bargain or proceed with the case to trial without the help of an attorney. The value of hiring an attorney to help resolve legal issues cannot be overemphasized.

It is almost impossible to evaluate facts along with evidence and attach probative value to same without the help of an attorney.
Trial Judges are empowered by law to appoint attorneys for persons who are unable to afford an attorney if the Defendant brings it to the notice of the Court at arraignment. The Judge will almost certainly ask the Defendant to fill out a financial disclosure form and refer same to the public defender's office. The judge may also appoint a private defense attorney to represent you in most rural areas.

If the Defendant does not qualify for free legal representation due to tight finances, you might hire an attorney for the restricted purposes such as fully explaining the available legal options to the Defendant or work out a plea bargain with the prosecutor.
You may read our article on Top 20 Law Firms in America; you may also hire lawyers through UpCounsel. UpCounsel is an online souk for legal services. It allows users to find and hire attorneys via their site. UpCounsel was founded in 2012; it is based in San Francisco, California, USA, and initially provided its service to users in California and New York. Source: Better Days

Traffic laws make provisions for various traffic offenses that a driver can violate. An offending driver reserves the right to decide how he wishes to handle his situation. On a daily basis, drivers are cited for different violations which may be for reasons such as speeding, driving against traffic, running a red light, or some other traffic disobedience. The penalty for traffic tickets may not be harmful since traffic offenses are generally regarded as simple offenses which in most cases can only attract the punishment of a fine.

The hassles attached to traffic tickets usually require an offender to invest time, energy and payment of huge fines and increased insurance rates. The purpose of this article is to converse some of the legal options available to motorists on how to handle their situation.
Traffic Disobedience compared To Other Offenses

In nearly every state, the law considers minor traffic offenses such as speeding, running a red light or driving against traffic as minor offenses and they are usually cited and heard in Traffic Courts. This is different from other traffic violations viewed as more serious offenses such as Driving Under the Influence (DUI), and Reckless Driving charge are heard in the Criminal Court.

[b][/b]Legal Options Available To Offenders

Options legal options available to individual offenders would always depend on the particular situation regarding the facts of each case such as the State of residence of the person and the extant laws applicable therein. However, usually, an offender will be faced with deciding on any of the following options:
• Sign up or register for traffic school
• Challenge the traffic ticket, and
• Engage an attorney.

In making any or all of the above-listed choices, it pertinent that you take note of the following:

[b][/b]Traffic School

The traffic school is also known as “defensive driving” or “driving safety” class. It is applicable in some states. The traffic school enables the relevant authority to keep records of the violations of the individual motorists and circumvent the connected insurance rate hike.

A good number States that have traffic school permits drivers to participate only once every twelve or eighteen months. In many other situations, the traffic school is not available for specific categories of more serious traffic violations.

It is noteworthy that the driver usually must bear the costs of traffic school which may be between $10 and $100. Some other States makes it mandatory for the offender to pay the citation fine or traffic tickets in addition to attending the traffic school.

[b][/b]The Option of Challenging The Traffic Ticket

Most offenders who do not want to go through the troubles of challenging traffic tickets would usually pay the citation fees and move on with their lives. The law provides the option of challenging or contesting traffic tickets where a driver does not want to attend traffic school; then he will have to decide to fight the ticket before a court.

More often than not, the offender would have to hire an attorney (where he may not be available personally) to raise defenses in law before a traffic court; or where the driver considers the issuance of the traffic ticket as unjustly done, or that the drivers believe he is innocent and would demand a review of the facts leading to the issuance of the traffic tickets.

Paying a ticket is absolutely the easiest way of resolving traffic citations; however, it is not suggesting in any way that drivers who believe they have been unjustly treated should not fight for their rights. The right choice on the option to take will always depend on the circumstance and uniqueness of each case.

A driver can avoid having to go to court by paying the ticket online or through the mail, but there are disadvantages to it as the driver will be made to pay the maximum possible fine and the insurance rates will probably be hiked.

A driver may also decide to plead guilty before a court, and he may have the opportunity to have the judge reduce your fine.
Disputing traffic tickets usually requires an investment of time and money, especially where you opt to hire an attorney though, on the other hand, it gives you a chance of thrashing the ticket and becoming exculpated entirely from the penalty.

There are two ways a driver can win his case: the judge may upon evaluation of facts and based on the preponderance of evidence find the driver not guilty after trial; secondly, the officer who cited the driver might not show up to court and thereby giving the driver a technical victory.

The other part of disputing a citation means the driver will have to appear in court at least once. Traffic court sits during business hours, which means that the driver will be absent from work or school. Some States, such as California and Oregon allows the driver to challenge a traffic ticket in writing where the matter will be heard based on affidavit evidence. The procedure is called trial by “declaration” or “affidavit.”

[b][/b]The Option Of Hiring an Attorney

Hiring an attorney is another option in dealing with traffic issues. It may not be necessary for drivers who opt to plead guilty or go to traffic school to hire an attorney. This is based on the fact that an attorney is needed in traffic matters only for two reasons:

where the driver has decided not to pay the fine or sign up for a traffic school and have chosen to dispute the ticket but would not be available to conduct his case personally or cannot handle the legal complications of the case.
For persons who have decided to contest their citation, hiring a lawyer offers so many benefits such as the driver would not have to be in court personally, the experience, professional expertise and legal knowledge of the traffic attorney might have a better shot of thrashing the case at trial. Source: BetterDays

No. 20: Williams & Connolly LLP
Williams & Connolly LLP is a law firm based in Washington, D.C., United States. It is the most selective law firm in the United States regarding recruitment. It is known for hiring distinguished students from the top law schools. Williams & Connolly is generally recognized as one of the nation's leading litigation firms. Their attorneys regularly handle major complex civil and criminal matters in courts in courts around. It has over 270 employees. It is ranked among the Top 20 Law Firms in America.

No. 19: Jones Day
Jones Day was established in 1986. It is ranked among the world's most integrated law firms and best in client service; Jones Day has offices in centers of business and finance throughout the world. It is rated as number 19 in our Top 20 Law Firms in America. Jones Day more than 2,500 lawyers on five continents. It is established on a set of core principles the most significant of which is a unwavering focus on client service that transcends individual interests. Jones Day is an international law firm with 43 offices in major business and finance centers all over the world precisely in 18 countries on five continents. Her headquarters is situated in Washington, D.C.

No. 18: Sidley Austin LLP
Sidley Austin LLP, formerly known as Sidley Austin Brown & Wood LLP, is a general practice law firm based Chicago, the United States as headquarters, with an expertise in transactional and litigation matters. They have a total number of 20 branch offices, 1693 employees and 2.036 Billion USD as revenues in 2018. It is ranked as number 18 in our Top 20 Law Firms in America. Read

Trademark application process in the United States is usually stretched and strenuous. Sometimes not up to half of the patent applications have the probability of being approved on a yearly basis. Some approved applications become subject of Appeals by other contesting parties. Based on the preceding, it has become imperative for business owners to keep their trademark protected from cancellation, infringement, and other legal issues considering the challenges faced by applications which seek to register trademarks.

How To Register a Trademark:

The procedure to register a trademark in United States of America is simple but stretched. You may consider the following steps:
• Visit www.uspto.gov the website of the U.S. Patent and Trademark Office.
• Conduct a Trademark Comprehensive Study (TMCS) or search and consider the registration probabilities to ensure that someone else has not registered the mark already by checking the Trademark Electronic Search System database.
• File your trademark application before the Trademark Office.
• Avoid adding a domain extension to your trademark. This is to prevent third parties from registering the same name by adding another extension.
Note: You may engage the service of a Trademark Attorney to help you handle the complications and legal issues that are connected to the process if you are unable to handle it yourself. It is advisable for you to engage a Trademark Protection Service to assist you in monitoring the use of all your trademarked materials and products against violations and infringements.

How To Protect Trademark, Maintain Your brand And Grow in Value:
• Update Your Trademark Registration Paperwork Regularly
The Trademark Office presumes that inaccurate data on a filed paperwork signifies fraud whether or not it is intentional or deliberate. The famous case of Hachette Filipacchi Presse V. Elle Belle is a locus classicus on the subject of Trademark in relation to data filed at the Trademark Office. Elle Belle (the Respondent on record) lost their trademark for not updating the changes on their registration paperwork upon approval of their application but consequent upon an adjustment of business from sales of women’s clothes as an initial business to sales of men and children’s clothing. The failure to update their records cost them their trademark.
It is expected that business owners appreciate the fact that Trademark Office presumes fraud the moment a business owner fails to notify them of a change or an adjustment in the nature, object or circumstance of their business and the consequence of such failure is cancellation of a previously approved trademark or patent rights. Source: Betterdays https://betterdays.us/trademark-legal-protection/

I am working on 2019 Overview of Lagos Tenancy Law. Be expectant

There are many legislation and regulations that control the relationship between a landlord and a tenant which they ought to know, especially the fundamental laws. Knowledge of theses legislation will enable landlords and tenants deal with matters before deciding whether or not to consult an attorney. The most important thing is to know and understand the essentials of the Tenancy Law or the State Law of their place of residence. This article places on New York Tenancy Law and other regulations applicable in the New York State, and the aim is to guide residents on all legal necessaries.

Legally Required Disclosures By Landlord Under The New York Tenancy Law
Pursuant to New York law, landlords are mandated to disclose precise information on deposits to tenants. If a tenant is required to make a deposit, landlords are duty bound to make such disclosure to the tenant prior to the execution of a formal tenancy agreement or before the commencement of the tenancy.

Limit and Return of Security Deposit in New York
There is no legal provision for limits chargeable by a landlord for security deposit under the New York State Law, and there is also no limit as to when it should be returned, provided it is done within “A Reasonable Time” following when a tenant moves or delivers vacant possession to the landlord. Typically, a reasonable time has been defined to mean between not later than 21 or 45 days.

Jurisdictions and Lawsuits for Small Claims in New York

Tenants are at liberty to sue landlords in any courts depending on the area of the state. Tenants in New York cities whose claims are regarded as Small Claims may approach the Civil Court. In Nassau and Suffolk counties, tenants may institute their suit in the district court. The Justice Court in rural areas may exercise jurisdiction in claims or suits initiated for the return of their deposit.
The monetary jurisdictional limit or powers of New York Small Claims Court where a tenant institutes an action may be up to $5,000 (USD) and $3,000 (USD) in town and village Justice Courts. You may consult an attorney for defenses available to a Landlord who seeks to defend a security deposit lawsuit should.

Similar to the New York Tenancy Law, other State laws control a number of rent related questions such as rent control and stabilization, time frame within which a tenant can pay overdue rent or deliver vacant possession to the landlord before which he can file for eviction. For instant in the New York State a landlord may file a suit for eviction where the tenant holds over the apartment for more than three days after the expiration of the term granted.

Rights of Tenant to Withhold Rent Under the New York Tenancy Law
Where a landlord fails, refuses or neglects to take care of or effect essential repairs in the apartment, for instance broken heater, damaged roof, etc especially in cases where the landlord has been put on notice, a tenant may legally withhold rent or exercise the right to “repair and deduct” from rent and same shall be deemed to be lawful.

Determination of Tenancy
Some State laws make provision for statutory ways by which a landlord may determine or terminate a tenancy. For instance, in New York City, where a tenant holds over an apartment of monthly rent, the landlord may give such tenant an unconditional quit notice of ten days to vacate the apartment and deliver vacant possession to the landlord, and where the tenant fails or refuses to quit, the landlord can file for eviction.

Ancillary Local Ordinances bothering on New York Landlords and Tenants
Apart from State Laws, cities and counties sometimes enact local ordinances, such as rules on rent control, health, and safety standards for rented apartments, noise, sound and nuisance regulations, and anti-discrimination rules to protect rights of citizens and to ensure equity and fairness in the dealings of landlords with tenants. If you need more information on local ordinances regulating landlords and tenants, you may search the internet; for instance, you may search for FAQ in Rochester’s Noise Ordinance. You may also search for State and Local Government on the Net and Municode as they are good resource sites for discovering local governments online. You can also conduct a manual search in public library or office of the mayor, city attorney, or city or county manager for more information on local ordinances that influence landlords and tenants relationship in New York.

Federal Laws That Regulate Landlord/Tenant Relationship
There are Federal Laws that also affect the landlord and Tenant relationship. Most landlords and tenants may be principally concerned with State laws. The US Congress has enacted laws, and enabling statutes. These laws established federal agencies, such as Department of Housing and Urban Development (HUD) which ensures compliance with regulations preventing discrimination and the U.S. Environmental Protection Agency (EPA) to ensure that landlords discharge their responsibilities to disclose environmental health hazards.

If you need more information on Federal Statutory provisions, you may search online or offline for the U.S. Code. It comprises fifty distinct numbered headings, and each covers a precise subject matter. A good number Federal regulations and enactments are published in the Code of Federal Regulations CFR. Betterdays

https://betterdays.us/new-york-tenancy-law/

New York Law School is an American Bar Association accredited private law school. It was established in 1891 in Tribeca, Lower Manhattan, New York City. New York Law School (NYLS) NYLS is characterized by a full-time day program, a part-time evening program, and a two year accelerated Juris Doctor J.D. honors program. J.D. is a law degree which ordinarily takes three years to achieve in a regular institution, and it is a condition precedent required for making the bar exams to become a licensed attorney in most jurisdictions.

Make the Right Choice
The American Bar Association have disclosed that approximately 88.2% of the NYLS class of 2015 had obtained employment ten months following graduation, and 69% of the 2015 class had secured long-term, full-time J.D. essentials or Pro J.D employment. New York Law School has been a principal institution in providing pioneering legal education for over 125 years, and it is administered by a world-class faculty, in one of the world’s most prominent city.

If you are considering attending the NYLS to obtain a legal education, your decision stands as one of the most quality steps you may have taken in your lifetime. For clarity on admission requirements and tuition fees, kindly visit the official website of NYLS: www.nyls.edu.
The nobility of a law degree is unarguably true in recent times as history indicates that it is the most valuable professional degree available to humanity today.

The study of law provides an extraordinary array of knowledge and skills to decipher or translate the ever increasing and evolving complexities of human activities in the 21st Century of diverse commercial activities in business, politics, telecommunication, internet services, and technology.

The legal profession in recent times is becoming accustomed to the adjustments and formations of a revolutionized marketplace; the academic exercise of the NYLS is at the forefront of the twists and challenges it posits; it and offers a clear framework for students to emerge as the new global leaders of the profession... Read More Here

Internet Business also known as Online Business are commercial dealings transacted on the web. In most cases, parties to the business may not know each other or reside in the same country or continent but will discharge their obligations in the deal according to certain rules, norms, and standards. In some cases, payment for goods and service are made using digital currency also known as Crypto-Currency which conventionally is a shift from the generally accepted legal tenders or virtual currency recognized by State authorities.

Internet Business or e-business is any brand of business or commercial transaction that includes giving out information across the internet. Due to the growing acceptance and dynamic approvals received by Internet Business in recent times, it has become imperative for Internet Business owners learn the rules of how to bring a lawsuit against an erring Internet businesses in cases of breach of contract, infringements of copyrights, and all forms of cyber crimes and violations online which is inevitable. Suing an Internet Business can be very complicated due to the unconventional practices and technological intricacies, difference in locations, difficulties faced as a result of how to determine which jurisdictional laws to apply, new legislation, obsolete and inapplicable laws and procedures or none existing laws Some Internet Business commences from the internet and are virtually concluded, this may also pose as a difficulty to attorneys seeking to initiate legal action... Read more here

There are severe legal implications regarding naming the father of a child, especially where the parents are single and unmarried and there is need to establish Paternity. This article is published to enlighten you on some of the legal repercussions of things we take for granted such as Paternity Statement, Acknowledgment and the process of Child naming.

Paternity or Fatherhood refers to “the position of being a father.” It is crucial that at the birth of a child, the paternity of the child ought to be established or ascertain as early as possible especially where the child is born to single or unmarried couple to avoid complications and unnecessary claims and litigation. The relationship between an unmarried couple can be very frosty after a minor disagreement and most times the battle for supremacy and vendetta is usually displayed over the care and custody of the child including ascertaining Paternity if not done early enough. Read More here

Everybody is not Nigerian

Issues arising from Paternity Lawsuit and ascertaining the veracity of same is a significant stride in the direction of fetching child support. The simple question of who the father of a child is can cause a whole lot of controversy.

There are two ways Paternity can be determined which are to wit:
• Agreed Paternity: which is also known as an acknowledged father. An acknowledged father is the organic or biological father of a child born to single parents who are unmarried but by admission or agreement fatherhood has been ascertained and will mandatorily pay child support.
• Presumed father: where the presumption of law deems it established upon the happening of specific circumstances. A man is presumed to be the father of a child where any of the under-listed situations is found provided always that such presumption is rebuttable upon a contrary proof in court by the man or the mother of the child:
o Where the man married the mother after the birth of the child and by the compromise of the man and the mother had the name of the man written on the birth certificate.
o Where the man continues to be married to the mother when the child was conceived or born. Some States do not presume a man to the father of a child where the couple alienated or separated.
o Where the man takes steps to practically marry the mother of the child when the child was conceived or born notwithstanding that the married may be void or voidable by law.
o Where the man takes up care and custody of the child and publicly held out the child as his own.

These presumptions of law on Paternity issues in some States are considered irrebuttable and conclusive notwithstanding a contradictory blood tests. In the celebrated case of Michael H. V. Gerald D., 491 U.S. 110 (1989), the US Supreme Court upheld California’s presumed father Statute as a logical method of preserving the integrity and uprightness of the family in opposition to confrontations based on the due process rights of father and child.

The question of parentage as to whether a person is the legal parent of a child can arise in any situation under the Uniform Parentage Act which the State of California has adopted by statute due to its the prevalent and sensitive nature.

Payment of Child Support By A Presumed Father
Presumed and acknowledged parents are duty bound under law to pay child support. We will be considering the legal classifications of parents who are required by law to pay child support. Some of which are as follows:
• Alleged father: Also known as an unwed father is a single man who impregnates a woman; he is mandatorily required under law to pay child support. Where a court acknowledges an alleged father, he has the right to visitation and can seek custody of the child.
• Equitable parent: Courts validates the idea of an equitable Parent when a spouse (who ordinarily are not a biological parent) and a child enjoys a close relationship and deems themselves as parent and child or where the biological parent permits a close relationship with a child.
A spouse who is not a legal parent; that is (biological/organic or adoptive) may be granted custody or visitation based on the perception of the equitable parent. Where the court allows an equitable parent custody or visitation of a child, such parent will also be required to pay child support.

Equitable Parent ideology came up due to the dynamics of the law in recent times, and most States have adopted the same especially in cases of the marriage of same-sex couples who wish t parent together.
• Stepfather. The spouse of a legal (biological/adoptive) mother is a stepfather. The Stepfather is not also the biological father of the wife’s children. A stepfather is not bound under law to pay child support to the child or children of his spouse except he adopts them legally.
Paternity Lawsuit:

Lawsuit bothering on Paternity of a child is primarily instituted to have a man pronounced judicially or legally as the father of a child. Such suit can be commenced either the mother or the father of a child depending on the particular facts or circumstances of the case. Paternity Lawsuit proceedings are also referred to as “Paternity Action,” “Parentage Actions,” “Establishment Hearings,” or “Filiations Hearings.”
There are Welfare Officials who provide Temporary Aid To Needy Families and in most cases, they are responsible for initiating most paternity lawsuit on behalf of the mother of a child to help her seek recompense from the father.
Blood and DNA tests can positively resolve Paternity arguments with 99.99% accuracy and conversely can disprove Paternity with 100% accuracy. Where the Paternity of a child is ascertained consequent upon a Paternity Lawsuit, the court will most likely order the father to pay child support and accordingly grant him custody and/or visitation rights.

Source: Better Days

Issues arising from Paternity Challenges and ascertaining the veracity of same is a significant stride in the direction of fetching child support. The simple question of who the father of a child is can cause a whole lot of controversy.

There are two was Paternity can be determined which are to wit:
• Agreed Paternity: which is also known as an acknowledged father. An acknowledged father is the organic or biological father of a child born to single parents who are unmarried but by admission or agreement fatherhood has been ascertained and will mandatorily pay child support.
• Presumed father: where the presumption of law deems it established upon the happening of specific circumstances. A man is presumed to be the father of a child where any of the under-listed situations is found provided always that such presumption is rebuttable upon a contrary proof in court by the man or the mother of the child:
o Where the man married the mother after the birth of the child and by the compromise of the man and the mother had the name of the man written on the birth certificate.
o Where the man continues to be married to the mother when the child was conceived or born. Some States do not presume a man to the father of a child where the couple alienated or separated.
o Where the man takes steps to practically marry the mother of the child when the child was conceived or born notwithstanding that the married may be void or voidable by law.
o Where the man takes up care and custody of the child and publicly held out the child as his own.

These presumptions of law on Paternity issues in some States are considered irrebuttable and conclusive notwithstanding a contradictory blood tests. In the celebrated case of Michael H. V. Gerald D., 491 U.S. 110 (1989), the US Supreme Court upheld California’s presumed father Statute as a logical method of preserving the integrity and uprightness of the family in opposition to confrontations based on the due process rights of father and child.

The question of parentage as to whether a person is the legal parent of a child can arise in any situation under the Uniform Parentage Act which the State of California has adopted by statute due to its the prevalent and sensitive nature.

Payment of Child Support By A Presumed Father
Presumed and acknowledged parents are duty bound under law to pay child support. We will be considering the legal classifications of parents who are required by law to pay child support. Some of which are as follows:
• Alleged father: Also known as an unwed father is a single man who impregnates a woman; he is mandatorily required under law to pay child support. Where a court acknowledges an alleged father, he has the right to visitation and can seek custody of the child.
• Equitable parent: Courts validates the idea of an equitable Parent when a spouse (who ordinarily are not a biological parent) and a child enjoys a close relationship and deems themselves as parent and child or where the biological parent permits a close relationship with a child.
A spouse who is not a legal parent; that is (biological/organic or adoptive) may be granted custody or visitation based on the perception of the equitable parent. Where the court allows an equitable parent custody or visitation of a child, such parent will also be required to pay child support.

Equitable Parent ideology came up due to the dynamics of the law in recent times, and most States have adopted the same especially in cases of the marriage of same-sex couples who wish t parent together.
• Stepfather. The spouse of a legal (biological/adoptive) mother is a stepfather. The Stepfather is not also the biological father of the wife’s children. A stepfather is not bound under law to pay child support to the child or children of his spouse except he adopts them legally.
Paternity Lawsuit:

Lawsuit bothering on Paternity of a child is primarily instituted to have a man pronounced judicially or legally as the father of a child. Such suit can be commenced either the mother or the father of a child depending on the particular facts or circumstances of the case. Paternity Lawsuit proceedings are also referred to as “Paternity Action,” “Parentage Actions,” “Establishment Hearings,” or “Filiations Hearings.”
There are Welfare Officials who provide Temporary Aid To Needy Families and in most cases, they are responsible for initiating most paternity lawsuit on behalf of the mother of a child to help her seek recompense from the father.
Blood and DNA tests can positively resolve Paternity arguments with 99.99% accuracy and conversely can disprove Paternity with 100% accuracy. Where the Paternity of a child is ascertained consequent upon a Paternity Lawsuit, the court will most likely order the father to pay child support and accordingly grant him custody and/or visitation rights.

Source: Better Days

How To Commence A Lawsuit Against An Internet Business
Internet Business also known as Online Business are commercial dealings transacted on the web. In most cases, parties to the business may not know each other or reside in the same country or continent but will discharge their obligations in the deal according to certain rules, norms, and standards. In some cases, payment for goods and service are made using digital currency also known as crypto-currency which conventionally is a shift from the generally accepted legal tenders or virtual currency recognized by State authorities.
Internet Business or e-business is any brand of business or commercial transaction that includes giving out information across the internet.

Due to the growing acceptance and dynamic approvals received by Internet Business in recent times, it has become imperative for Internet Business owners learn the rules of how to bring a lawsuit against an erring Internet businesses in cases of breach of contract, infringements of copyrights, and all forms of cyber crimes and violations online which is inevitable. Suing an Internet Business can be very complicated due to the unconventional practices and technological intricacies, difference in locations, difficulties faced as a result of how to determine which jurisdictional laws to apply, new legislation, obsolete and inapplicable laws and procedures or none existing laws Some Internet Business commences from the internet and are virtually concluded, this may also pose as a difficulty to attorneys seeking to initiate legal action.

Most virtual businesses are currently under threat; shopping is done at home and packages are delivered at your doorstep. Websites have overtaken the place of an office, and real estate is losing, most people create websites for their families or small businesses and do not need to have a physical office. Some persons do their work over the Internet and do not need to step out of the home. Some trade in crypto-currency and have avoided the stock exchange market completely. Books and magazines are sold online as hard copies are no longer convenient. There are various freelancing platforms where almost all services are rendered, and business owners do not need to place employees on the permanent pay role. Technology has made things a lot smoother and convenient.

It is essential you bear in mind that from all the scenarios painted above it is possible for something to go wrong. Some of the things that can go wrong may be due to situations deliberately created by fraudulent parties while others may be negligence or force majeure.
An example is where you try to exchange your crypto-currency using the blockchain technology bearing in mind that it is a hazardous anonymous transaction. What happens where you transfer your currency to a person who refuses to credit you with a value of the virtual currency as agreed?

Another scenario can occur where you make payment for a product expecting it to arrive as advertised but upon delivery, it becomes completely different from your expectation. Another example may arise where you met a client on a freelancing platform who gives you a job order to develop a simple website or write a white paper for a prospective project and agreed to pay a certain amount but after you have done your best to improve the site or write the white paper then the client refused to make payment on the basis of none satisfaction with job quality or lack of following precise instruction and details, while deep in you, you had put your best to deliver the job within time.
Most of the disputes arising from Internet Business are not different from the face-to-face conflicts that may have been experienced by business owners. However, that of the Internet is emanating from or connected to the net.

Small Claims Court Jurisdiction Over Internet Business
As with face to face dispute, depending on the location or place of residence of the person(s) or Business you intend to sue, you may approach the Small Claims Court to get compensation from an erring person or business you have dealt with only over the Internet
Your ability to sue someone in a Small Claims Court when you have suffered an economic loss is not automatic. The court must have jurisdictional powers over that particular person or business, which is grossly depending on where the party resides works or has a physical office or address.

It will be a lot easier if your Internet-related dispute is against a person or business that is located in your State of domicile. The issue of geographical jurisdiction is fundamental to all forms of adjudication before any court. While it is correct to state that you may sue a person or business in a Small Claims Court for Internet-related disputes, nevertheless, it is only in specific circumstances that you can sue a non-resident of your State in a small claims court.

It is noteworthy that a person who does not do business regularly with his State residents over the internet will not be able to sue in a Small Claims Court within his State, the rationale is based on the fact that the Rules of Court and practice procedure will not allow a person who does not reside, live, work, or frequently do business in a State to be sued therein and it will be therefore inconceivable in law to ask the person or firm to travel or relocate to your State just to defend himself from a lawsuit.
It is not sufficient to hold that a person or business does business frequently in a State just because he had a one-time transaction or event in the State. Conversely, if the person or business habitually transacts with Internet customers in your state, then, your local small claims court should be able to entertain your lawsuit.

Meaning Of Regularly Do Business
There are legal factors that determine whether or not a person or business can be considered a resident or whether the person "regularly do business" in the state to clothe a small claims court with jurisdictions in the milieu of Internet transactions. Various courts in different States have made a judicial pronouncement on the meaning, and different judges have expressed different opinions. However, the critical guiding principles are as highlighted below:
• How often does the person or business do significant business with state residents?
• How often does the person or business instruct agents or employees to your state to carry out or perform business transactions?
• Whether the website carries out direct sales on the Internet as against passing on customers to offline suppliers, distributors, or retail stores?
• Whether the person or business sought to be sued know your State of residence at the time of the transaction; for instance, whether you fill a form stating your details or have a package shipped to you.
• Whether the person or business has physical offices or employee(s) in the state, notwithstanding that its primary "location" or place of business is on the Internet?
• Whether the person or business practically advertise or solicit business or customers in your state?
• Whether the person or business has a registered agent where court processes can be served in your state?
• Whether Business have a known subsidiary in your State
The answer to some of these questions may guarantee the possibility or probability of successfully bringing a lawsuit against a person or Business Entity in a local small claims court within your state.

Terms and Conditions Agreement
Another crucial issue that may determine where and how you successfully proceed against and erring party in court is the condition of your transaction. You may have entered into a "Terms and Conditions" agreement with the person or Business Entity or owner/operator of the website that makes provision for the geographical location to institute a lawsuit.
Most internet users seldom read the lengthy "Terms and Conditions" not knowing that it is an enforceable legally binding agreement forming part of the rules of your online transaction; however, whether or not you read it, once you click to conclude your transaction online, it is deemed that you have executed the agreement and bound by the provisions of the agreement.

Once the contract makes provision for a place or location where all disputes will resolve; it automatically makes it impossible for any court or arbitration panel to consider or entertain the disputes. Some agreement also expressly makes provision for parties to first go to an arbitrator and where it fails, then parties can explore legal alternatives. Courts will not allow parties to circumvent the express provisions of an agreement ant Internet Business is not excluded.

Deliberate Injury
Where an Internet business deliberately or purposefully causes injury in a State and a party only because of the requirement of “regularly does business” wants to evade litigation or service of process, the courts in the State can assume jurisdiction on the ground of “purposefully causing injury in the state.” The party causing the damage can be compelled to court in the state where the injury occurred even if he does not do business regularly in State. The Court will compel the party who caused the injury to court if it is satisfied based on available evidence that the injury was deliberate. Evidence that the action was "decisively directed" at the dwellers of the state or that the person who caused the damage had contacts within the state will be sufficient to assume jurisdiction over that person or business entity.
Evidence of “purposefully causing injury in the state” can be deduced from a situation where more than one resident suffers particular harm as a result of use or consumption of same product within the same period.

Legal Technicalities And Objections That Can Be Raised By Nonresidents In An Attempt To Sue Them In A Small Claims Court
The rules of courts are usually strict in relation to commencing a lawsuit against a person who already does not regularly do business in a State or a nonresident. The Court considers a nonresident or a person who does not usually do business in a State as highly disadvantaged due to incredible disturbances of traveling that will be experienced in the process of defending a lawsuit out of the place of residence.

Some Internet Business Entity has also taken advantage of innocent customers to undo or defraud them from outside jurisdictions o place of residence arming themselves with the knowledge of the legal impossibilities and/or exceptions of suing a nonresident party.

The Powers Of Federal Trade Commission To Entertain Consumer Complaints Over Internet Transactions
Internet users are generally advised in addition to filing a lawsuit to consider the option of channeling their consumer complaints officially to the Federal Trade Commission for disputed internet transaction(s) against the person or business.
The Federal Trade Commission is empowered by law to take decisions over disputed internet transaction(s), and such decision(s) will be binding on parties and legally enforceable.

You must note that all that is contained herein is for your general knowledge. It is advisable you contact an attorney knowledgeable in cyber law who understands the intricacies of Internet Business:
Are you are in need of an attorney versed in Online Business or E-Business?
Are your facing any issue related to cyber law or connected to the use of the internet?
Do you need the counsel or an attorney before you start a business on the internet?
Kindly click for your job demand at the UpCounsel marketplace.
UpCounsel has lawyers who are well-versed in the dynamics of internet law. They can figure out cyber law activities into multiple fields of law, such as technology, communications, security, and trademark/copyright, and can help resolve your internet-related legal issues.

Source: [urlhttps://betterdays.us/lawsuit-internet-business/]www.betterdays.us [/url]

Finding a first rate or excellent immigration lawyer is your first step to a successful immigration story and experience. The best immigration lawyers are not readily available as it takes a task to find them in any city.

Many immigrants with high prospects got their cases screwed up before locating an excellent lawyer. It is easier for a good quality lawyer to handle a bad case and succeed at it, than for him/her to be engaged to control damages caused by a poor quality lawyer in a good case.

It is essential you know from the beginning of your relationship with an immigration lawyer that all over the world and in every profession, you will find outstanding or superlative professionals as well as the awful ones and as a result, you must be open-minded.

The outcome of your immigration case will largely depend on the class of lawyer you engage.

In most cases, clients only consider the cost of professional fees to determine whether or not to retain a lawyer this yardstick may not work in your best interest. Retaining an excellent lawyer at very high fees is possible. You may also engage a lousy immigration lawyer who ends up overcharging you and fails to provide the promised professional services and damage your case in a manner you might never recuperate from it even after retaining the best lawyer in the jurisdiction to carry out damage control services.

When seeking to file a petition for a visa or green card, resident permits, adjustment of status, avoiding deportation, or applying for any immigration benefit, ensure that you make a quality decision to engage the services of the right class of lawyer on your side.

There are red flags you must carefully watch that may signify that the lawyer you are about to retain will not serve your interest Bottom of Form. These tips may not be exhaustive of the indications but will guide you to exercise your discretion in making a quality decision:

Use The Search Tool Of The Internet To Conduct A Background Search On Your Preferred Immigration Lawyer
The internet will be your first search tool to probably find out a lot about a lawyer before engaging him/her professionally.

Practicing lawyers are usually listed as members of a State Bar Association which is a significant condition precedent to ascertain whether the person is a lawyer in the first instance. You may visit the Association’s website to conduct this investigation.

You may also visit the American Immigration Lawyers’ Association (AILA) website to make your findings whether or not the person is an expert in immigration matters. AILA is a professional organization for the best American Immigration Attorneys. A person may be a genuine lawyer, but his/her area of practice must match with the services for which he/she is seeking to be engaged.

You may also consider using other conventional internet search engines to ascertain whether the lawyer gets good reviews on his websites or whether the lawyer has written any book on immigration law or other professional articles for publication.

Your investigation may also reveal that the lawyer was recently arrested for fraud, forgery or has been disbarred or that the person was arrested for impersonation as a lawyer.

Ensure that your attorney is a person of good standing and have never been subjected to disciplinary action. There is no cost. Most state bars allow you to search or look up for the attorney by name or bar number online.

Engage A Lawyer That is Able to Read And Speak Your Language
Language can be the barrier in expressions and explanation of your challenges. Find a lawyer that is able to read and speak your language fluently.

Avoid Lawyers Who Make Advance At You in the United States Citizenship and Immigration Services (USCIS) Or Other Immigration Centers.
Ambulance chasing is severe professional misconduct in any jurisdiction of legal practice. It is also the first hint that you are about to retain a quack or incompetent professional. Most poor quality immigration attorneys stalk the lobbies of immigration offices attempting to solicit briefs or business. It is unethical behavior by an immigration lawyer. A first-rate immigration attorney is likely going to be very busy working for his/her clients instead of running after new clients in a dishonorable way.

Ensure That You Are Dealing With A Genuine/Licensed Lawyer, And Not A Visa Consultant Or Petition Preparer
If you wouldn’t retain a janitor as your Doctor or retain cobbler as your Accountant, then it is proper you ensure that only a genuine or licensed practicing lawyer should be trusted to handle your immigration briefs. I heard of a situation where a taxi driver offered to render immigration service to a desperate immigrant; such scenario will end in more difficulty and complication. Many non-lawyers with genuine intentions, who are not acquainted with the intricacies of the area of law, claim to be capable of assisting immigrants who require immigration services. The outcome of services rendered by quacks can be devastation, and the client may never get over it.

Be Doubtful Of Impracticable Promises
The best attorneys all over the world cannot guarantee success. They may make statements on the prospects of your case, but will most likely not guarantee the outcome of your case. It is only an Immigration Judge or the Department of Homeland Defense and/or USCIS that can guarantee a case based on the facts and evidence before them and by virtue of their powers and discretion under law.

An attorney who claims he or she has a 100% success rate or guarantees a specific outcome may need to be more intimately appraised. As it even amounts to professional misconduct to guarantee a client on the outcome of the brief you are handling.


Avoid Lawyers Who Give Unethical Advice Or Suggest Illegal Options Or Make Illegal Offers
An Immigration attorney who gives unethical advice such as suggesting that you lie in an application or to a USCIS officer during an interview or forge any document or that you pay extra money as a bribe to an immigration authority, or that you buy a fake green card from any source should be utterly avoided and disregarded.

Be informed that if you are caught in the process, you are likely to get into much more quandary than the attorney and will lead to a permanent blemish on your immigration record, probably make you disqualified or ineligible for any future visas or green cards.

In some cases, you may be prosecuted and convicted according to law depending on the charge.

Seek Counsel From More Than One Lawyer And Compare The Quality Of Advice
Most good immigration attorneys are pretty full of activity; it is advisable you seek an audience with more than one lawyer and their office or paralegal staff to gather a proper judgment of their dedication to clients and their character and notion of sincerity.

Speaking with a number of attorneys will provide you with the basis for comparison before making a choice of lawyer for your immigration needs.

Look For Experience
Immigration law is one of the most complicated areas of law. It is crucial you locate an excellent lawyer with requisite experience. Be cautious of attorneys that practice law in multiple areas. Look for a licensed attorney that focuses or specializes on immigration law. I recommend that the attorney should have more than five years of practice or post call experience in handling cases analogous to yours. For instance, where you are seeking refugee status, your immigration attorney should have extensive experience with refugee cases. Ensure that your needs match with the lawyer’s expertise.

Based on the preceding, you may have to pay for your time with different or sundry attorney as an initial consultation fee while searching for the person that soothes your need. However, you may also encounter attorneys that provide a free initial consultation. Furthermore, you must note that most first-rate attorneys will charge a reasonable fee to speak to you.

One On One Enquiry
Ask family and friends before engaging the service of an immigration lawyer because you may take their personal experience for granted. They may know good immigration attorney. They can also rescue you from falling prey with a poor quality immigration attorney. You can also inquire from Non-Governmental Organizations, Advocates and rights groups of they can recommend a local attorney. Do not despise lawyers’ reviews. You may also search online for CitizenPath to find a list of organizations and websites that can refer an excellent immigration attorney.

Comfort And Trust
Determine whether or not you are comfortable with the lawyers’ style of answering your question. Choose a lawyer you like and can trust. Be sure that you are confident that the lawyer can fight for you. In some cases, the way the lawyer and their staffs return your calls or answer your question can also give you a hint on how they value you, and this may affect the outcome of your matter. Be confident to ask questions about their level of experience.

Build a Cordial Relationship with your Attorney
Your immigration status is the first step to building a business in the United States. It is essential you build trust with your attorney as this may affect the outcome of your case. You must feel free to discuss all your immigration concerns with him/her.

Source: Betterdays

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