Archive for the ‘Legal and Law’


February 10th, 2008

All About Charging Orders - A Comprehensive Review Of How Llcs And Flps Protect Your Assets

There are relatively few types of assets that are statutorily protected from claims of creditors. Membership interests in limited liability companies (“LLCs”) and partnership interests are afforded a significant level of protection through the charging order mechanism.

The Importance of History

Before the advent of the charging order, a creditor pursuing a partner in a partnership was able to obtain from the court a writ of execution directly against the partnership’s assets, which led to the seizure of such assets by the sheriff. This result was possible because the partnership itself was not treated as a juridical person, but simply as an aggregate of its partners.

February 9th, 2008

Online Home Based Business Legal Matters

Having an online home based business has 95% to do with the business aspect, but there still is 5% legal matters that should be in the back of your head. Things like whether or not you want to incorporate your business or not and whether you should patent or copyright specific content are just a few legal matters you may deal with.

Not to say that you shouldn’t trust yourself when it comes to these things, but for the best of your internet home based business you may want to hire a professional. Hiring a lawyer or accountant is a safe route to go when it comes to the legalities of your business. Certain things like copyrighting an article can most certainly be handled by you. The same goes for patenting the products you sell.

January 30th, 2008

Intellectual Property: Patent Infringement

In the case of Agilent Technologies Deutschland GmbH v Waters Ltd (2005), the claimant, the proprietor of a European patent for a pump and control system, brought proceedings against the defendant for patent infringement. The patent is for a pump for delivering solvent under pressure to high-pressure liquid chromatography columns. In particular, the patent relates to the control of the flow rate of the pump by altering the stroke volume and the frequency of reciprocation of the pistons.

January 28th, 2008

Social Security Number Theft

While no doubt you have heard of different types of identity theft, you may not have heard a great deal about social security number theft. Most of the time when you think of identity theft you think of someone stealing your credit card number or other financial information. Although this can be dangerous and cause a myriad of problems, social security number theft is even worse.

What is Social Security Number Theft?

January 26th, 2008

Plant Patents

This article will give you a breakdown of what a plant patent is.

The first type of patent is called a plant patent. It is usually given to people who have invented a new plant hybrid. It is also given when a new variety of plant has been discovered, and the person has successfully been able to reproduce it. Not every plant can be patented; for example, the Patent Office will not issue a patent for a tuberous plant. A plant patent is usually given for a duration of twenty years.

January 17th, 2008

Issues With Capitalizing Your New Corporation

Once you register a corporation in your state, you must go ahead and capitalize it. This raises a host of questions regarding the best way to do it and potential risks of getting it wrong.

First things first. Any discussion of capitalization needs a disclaimer. Every state sets forth its own rules on capitalization and you should look to your state of incorporation regarding them. These rules may cover issues such as minimum cash contributions that must be made, debt to equity ratios and so on.

December 31st, 2007

Identity Theft - 7 Strategies For Surviving Identity Theft

I am not a lawyer and this is NOT legal advice. I am a victim and a survivor of identify theft.

How did I survive?

I organized my assets, created a system and prepared for a fight. My system which included perseverance, patience, and organization made it possible to battle the businesses, the collectors and the courts. I won every battle I chose to fight and I did not pay one bill that was created by the identity thieves.

Here are 7 strategies I used in my battles.

1. Keep accurate records

December 22nd, 2007

What Is Medical Malpractice?

Medical malpractice occurs when an injury is caused by a doctor’s deviation from the ordinary standard of care. If your doctor fails to treat your injuries or health condition correctly or fails to properly diagnose it in the first place, and that, in turn, causes new or aggravated injuries, you may have a medical malpractice claim.

Your physician or medical practitioner may have committed medical malpractice if he or she:

· Delayed or failed to properly diagnose your health condition or disease
· Failed to give the appropriate applicable treatment for your health condition
· Treated you negligently, causing you harm
· Injured you during a surgical procedure
· Prescribed the wrong medicines or medical devices

December 20th, 2007

Copyright Notice - Not Required But Helpful

You’ll often see a copyright “notice” – the familiar © or the word
“copyright” with a date and name of the copyright owner - posted on
works of authorship. This copyright notice is no longer required for
copyright protection, but it may be a good idea to use it.

Copyright is a legal form of protection granted by the U.S. Constitution
for original works of authorship. Things such as books, plays, music,
photographs and even websites are protected by copyright law.

December 14th, 2007

6 Steps To Enforce A Non-indiana Judgment In Indiana

If you hold a judgment entered in a state other than Indiana, and if you believe the judgment debtor has assets in Indiana that could satisfy the judgment, then keep reading. The hoops through which you must jump to reach those assets are outlined in Indiana Code § 34-54-11 “Enforcement of Foreign Judgments.”

I.C. § 34-54-11. Enacted in 2003, this Indiana statute tells you just about everything you need to know. Here are the six major steps:

  1. Wait at least twenty-one days after the entry of the judgment in the original (non-Indiana) court.

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