Law and Justice

Archive for June, 2010

You can do an online search, but that can prove to be just as daunting a task. There are many things to consider when you find yourself in a situation that requires the services of a Minnesota Law Firm. First of all, just make the initial phone call to any Minnesota Law Firm and ask for a free consultation. This is the only way you are going to find out if the firm is one that can help you and whatever issues you have. Take into consideration whether the firm is registered in the state of Minnesota. You can find this information online. Ask if the lawyer is a member of the Minnesota Bar. If you don’t want to do it by asking, check online at the state Bar Association.

What type of cases does the Minnesota Law Firm handle or specialize in? If they tell you they are capable of handling any kind of legal matter, don’t take their word for it. Do some checking on your own. Do they want the whole fee upfront at once? Most reputable firms begin work as soon as you pay a retainer, not the whole amount. Are they willing to represent you even if you live somewhere else, but have a case that pertains to the state of Minnesota?

Any Minnesota Law Firm that cannot pass these simple requirements isn’t likely to be the one you want to hire for representation. Continue to look. Perhaps you know a lawyer who can recommend someone reputable to handle your particular case. This might help considerably and save you a lot of time if you happen to need a lawyer quickly, as is often the case.

Even if you are in the wrong, you will have to reveal any information to the lawyer you finally choose. Full disclosure is necessary if the Minnesota Law Firm that is representing you is going to help you. Lawyers are bound by what is called a Code of Ethics, and cannot reveal any private information you tell them. This is what is termed as “client-attorney privilege”. Make sure that you have your entire facts straight, and all the information correct when you first visit your attorney. This will enable them to help you with your case, and they will be able to spend more time on the case, and less time chasing down information.

The more time the attorney has to spend on a fact-finding mission, the more money you are going to have to pay. It will pay you to come prepared to your first consultation. Take notes at the meeting so that everything is clear in your mind, and you won’t have to make repeated phone calls because you can’t remember what you have been told. Once everything is out in the open, your attorney will use all the information you have given him to prepare your case.

Brown Family Law is a Minnesota Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our lawyers represent clients throughout Minneapolis and the Twin Cities area. Call or contact us, or visit our Minnesota Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

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A World War I memorial will be allowed to stay in the Mojave Desert, and though covered since 2002 because it offended some people as a religious symbol is now unveiled again. It was the United States Supreme Court that allowed the Cross, on private land owned by the Veterans of Foreign Wars to stay after a protracted controversy. The Cross has stood for about 75 years in the desert. The question came to, Is the Cross religious symbol for Christians solely, or War Memorial for American dead?

In California and even San Francisco’s Bay Area the subject of a cross in a remote desert spot in the Mojave was a highly controversial matter. What about the cross on public land? Does this not violate separation of Church and State? was hotly asked.
 
A religious symbol cannot be on public land, said Frank Buono who is now retired from the Park Service. He brought the case to The Supreme Court over a ten year period with the help of The American Civil Liberties Union. According to The New York Times, “The white wooden cross, roughly 5 feet tall, stands atop Sunrise Rock in California’s San Bernardino County.” It is actually made of pipe today. The Supreme Court did not say whether this was a simple, dignified, and even popular War Memorial of little note but some popularity among the private individuals who visited it, and those who built it. The Court took on this almost humble case that to some appeared overblown.
 
A PDF of the Supreme Court decision is here.
 
The announcement of the Court’s result was made and reported in major newspapers April 28, 2010. Writing for the Supreme Court in Salazar v. Buono, Justice Anthony M. Kennedy said:
“The District Court concentrated solely on the religious aspects of the cross, divorced from its background and context. But a Latin cross is not merely a reaffirmation of Christian beliefs. It is a symbol often used to honor and respect those whose heroic acts, noble contributions, and patient striving help secure an honored place in history for this Nation and its people. Here, one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles, battles whose tragedies are compounded if the fallen are forgotten.”
 
The Veterans of Foreign Wars agreed. One could easily surmise that’s the real issue, the real case from their vantage point. Many veterans agreed.
 
Gabriel Nelson, writing in his blog in The New York Times, said, “The Supreme Court ruled today that Congress and the Interior Department acted properly when they used a land transfer to solve a dispute over a cross on display in the federal Mojave National Preserve.”
 
There was no big hullaballoo, but a minimal statement with dissent by the Supreme Court. Gabriel Nelson put it well in his low key remark on how the Interior Department had acted properly. This writer has taken some snippets from other newspaper reports that demonstrate all are in accord in their reporting of the facts, and as the Supreme Court noted it was the facts that led them to their conclusions on the decision.
 
In its brief on behalf of Interior Secretary Ken Salazar, Solicitor General Elena Kagan said the cross did not imply government sponsorship. The transfer of land to the Veterans of Foreign Wars that required the installation of a plaque dissociating the statue from the federal government, she wrote, satisfied the problem of Church/State religion (Christian).
 
The Christian Post said in its report, “The goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm,” wrote Justice Anthony Kennedy. “This cross,” he wrote, “evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles.”
 
As a taste of the real argument in differences on the United States Supreme Court, it appears to this writer that Justice Anthony Kennedy caught the essence of the issue separating Justices. The Wall Street Journal noted in their report, Justice Stevens’s dissent argued that Congress wasn’t taking action to memorialize veterans, but rather using their memory to justify maintenance of a religious symbol. He noted that the Mojave cross little resembles the prominent and nonsectarian markers erected for those who served in World War II, Korea or Vietnam.
 
JESS BRAVIN Wall Street Journal writer pointed out in his article, The cross—estimated at five to seven feet tall—stands on Sunrise Rock in a remote patch of desert. Veterans, some of whom had moved to the region for health reasons, first erected a cross at the site in 1934 and it was often used for Easter services. The current version was assembled from painted metal pipes in 1998 by Henry Sandoz of Yucca Valley, Calif.
 
Though The Wall Street Journal called the decision one whereby the Cross was determined more war memorial than religious symbol, the grass roots battle in California called for many statements that: Yes, it was significantly and first a war memorial, but it was a religious statement for the war dead. There the Supreme Court did not necessarily agree, but it did not make sweeping decisions. Justice Kennedy wrote, Because of the “highly fact-specific nature” of the case, it is “unsuited for announcing categorical rules.”
 
Justices Ruth Bader Ginsburg and Sonia Sotomayor joined Justice Stevens’s dissent. Justice Stephen Breyer dissented separately.
 
Images:  (1) Mojave Desert Cross, by Associated Press; (2) Mojave Desert Cross, by unknown.

In the world of Internet niche marketing, the greatest asset is often the chosen niche. Many marketers spend a great deal of time, energy and resources selecting a niche which they believe is going to be profitable. There are certainly no guarantees a particular niche will be profitable but there are certain strategies for choosing a niche that has a high probability of success.

One popular strategy for selecting a niche involves employing a principle similar to the concept of supply and demand. Statistical information supplied by search engines is used to determine the popularity of certain search terms. This information is significant because terms which are being searched frequently are terms which have a large audience of Internet users looking for more information on the niche subject. These are terms which are in high demand. From this statistical information you can build a list of potential niches. Once this list is compiled, it is time to begin researching the competition in each of these niches. Ideally the niche you select will be one which has a large audience and not much competition. These are niches which are in low supply.

Choose the Type of Work You Outsource Carefully

One way to protect your niche is to be selective about the type of work you outsource to others. Many Internet niche marketers are comfortable outsourcing their copywriting and their website design. However, they are more protective about outsourcing tasks such as marketing, niche selection and keyword development. This is because although copywriting and website design both involve optimization for keywords the strategies for doing so are readily available on the Internet. However, many marketers have specific methods for marketing and developing a niche and keywords and are not willing to outsource this work because it will likely involve sharing secret strategies.

Share Keywords via Email

Developing related keywords for the niche is a very important part of the success of an Internet niche marketing campaign. Keywords are absolutely critical and conventional wisdom holds that an extensive list of keywords should be developed for a particular niche to be successful. Some in the industry recommend developing approximately 200 keywords for each niche.

There is a great amount of effort put into the process of selecting keywords and those who are savvy do not want to make it possible for others to find their list of keywords on the Internet. Including a list of keywords on an advertisement seeking a copywriter or website designer will be searchable by others in the industry. For this reason it is not wise to post keyword lists where others have free access to the keywords. This may sound overly paranoid but it is commonly known that Internet marketers often make the mistake of posting their keywords on job boards and those who are interested in harvesting these keywords visit these websites frequently to gather information. Transmitting the keywords through a protected email account or via telephone is a better way to protect the work you have put into developing your niche.

Use a Non Disclosure Agreement

Finally, a non disclosure agreement (NDA) is one way for the marketer to protect his niche when he is outsourcing. An NDA is essentially a document specifying the rights of the employer and employee in regard to sensitive materials. The NDA can be drafted to include any terms the client sees fit. Some example of the restrictions the contractor may agree to by signing an NDA are:

- A definition of which materials are sensitive
- Restrictions on how materials can be transmitted
- A stipulation precluding the contractor from competing in the niche during a given time period
- A duration of time for which the contract is binding

In protecting a niche market the above terms can be used when outsourcing. The client may specify the sensitive materials to be the niche and the related keywords as well as any information regarding marketing strategy. The client may limit the methods in which the sensitive materials can be transmitted to secure emails and telephone conversations. The duration of time for which the contract is binding is up to the client. Common timeframes include the duration of the project or a set number of days, weeks, months or years. In niche marketing a timeframe of at least one year after the project is completed is recommended to prevent the contractors from entering the same niche immediately after the project ends.

Unfortunately in today’s business world, it is only a matter of time before your company is sued by someone or investigated by some governmental agency. However, you can lesson the odds by understanding and identifying the most common legal problems that could come your way and protecting your company against them.

1. Criminal Investigation

State and federal law enforcement and governmental agencies proliferate with each passing day. Depending on your industry, you could be regulated by as many as ten agencies, not counting the normal and customary policing departments. The power of government agencies is blinding. Recently, a trend has emerged targeting more and more businesses, executives and owners for investigation and prosecution. It has become so prevalent that all companies should focus considerable effort toward insulating their owners, employees and operations from risk.

Adopting a policy that your company will cooperate in all government inquiries and investigations with the assistance and counsel of an experienced criminal law attorney is the best way to insulate you and your employees from waiving your rights or creating more risk. Educate yourself and your employees on your constitutional rights and what procedures to follow with the advice of a criminal law specialist or attorney familiar with this trend and danger.

2. Employee Lawsuit

Employment law is the new lottery for Plaintiffs’ lawyers who have watched tort reform narrow their playing fields. For every perceived harm – real or imagined, there is a creative lawsuit waiting to be filed. Sexual harassment, age discrimination, pregnancy discrimination, racial discrimination, gender discrimination, disability discrimination, wrongful termination, retaliation, and injuries, are only some of the fertile ground for disgruntled employees.

Clear and thorough employee rules and policies are the first area of defense against this kind of legal threat. Develop an employee manual and document employee files. Treat all employees with respect and with equality and consistency. Engage a business or employment lawyer to review your policies and rules.

3. Cyber Issues

With the move of all businesses toward more and more dependence on technology and the use of internet communications and resources, cyber legal issues grow exponentially every day in ways that are just beginning to be understood and anticipated.

Specific rules and policies regarding employee computer usage, privacy and access are critical in today’s business. Adopt, revise, review or amend your policies and rules as soon as possible. Neglecting this area of legal threat is just asking for trouble.

4. Marital and Divorce Issues

If you are married or if any of your fellow owners or partners are married, significant risk exists in the divorce arena should any marriage fail.

Contractual protections in your entity documents or business agreements should address these risks so that you can continue conducting business regardless of someone’s divorce claims and proceedings. Marital property agreements can also provide additional insulation from this threat.

5. Business Contract Lawsuits

Attorneys’ fees and expenses can wreck your bottom line and distract you and your employees from your core business operations. Your goal should be to utilize contractual provisions to minimize the chance of being sued or having to sue third parties with whom you do business.

With the appropriate contractual clauses, you can avoid being drug into a courtroom by requiring arbitration, choose the state in which you will be sued or in which the arbitration will be conducted, limit damages, and require that the loser pay the costs of dispute resolution. Many more advantages can be built into contracts in order to give you control over the legal process.

All business owners and executives have the obligation and duty to their employees, shareholders, partners and families to insulate and protect their companies and operations from the legal threats that haunt businesses. By understanding the threats and risks, and by taking proactive measures to prevent lawsuits and legal disasters, you can control your own legal destiny and win the advantage in any future legal battles.

Marjorie Jobe is a practicing attorney in El Paso, Texas and is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters.

http://marjoriejobe.com/

http://businesslawbattleplan.com

 

Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.

 

This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.

 

As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles’ employment law firms which specifically handle employment-related disputes.

 

Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.

 

How to Choose the Right Firm

 

Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.

 

In selecting a firm, several considerations must be taken into account. These are some of them:

 

1. Choose a firm that focuses on employment cases.

 

Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm’s concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.

 

2. Consider the firm’s financial and staff resources.

 

Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.

 

A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.

 

3. Select a firm that has top caliber attorneys in its list.

 

Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.

 

4. Check firm’s record of accomplishment.

 

Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.

Choose a firm with exceptional experience, expertise, and ample resources.

 

5. Select a firm that is committed to its clients.

 

Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.

 

A firm should also address its clients’ needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.

 

6. Choose a firm whose lawyer appears regularly before the judge.

 

Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.

 

Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html and have your case evaluated.

 

 

 

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