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A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include:

* Business litigation
* Intellectual property litigation
* Copyright, trade secrets, and trademark litigation
* Employment law
* Environmental law
* Professional negligence
* Immigration
* International law
* Real estate litigation
* Boundary line dispute
* Lease dispute
* Landlord tenant
* Contract litigation and negotiation
* Litigation over agreement

The role of law firms can be broadly classified in two categories:
1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients.

2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc.  

These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.

The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.

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Data Theft in Cyber Space – Issues and Laws

The rapid development of Information technology poses new challenges before the law. These challenges are not confined to any single traditional legal category but arise in, for example, Criminal Law, Intellectual Property Law, Contract and Tort. One such challenge is the growing menace of “Data Theft”. It is the term used when any information in the form of data is illegally copied or taken from a business or other individual without his knowledge or consent.

 

Data as a valuable asset

Data is a valuable asset in this modern era of Information Technology (IT).  Data is an important raw-material for Call Centers and I.T. Companies. Data has also become an important tool and weapon for Corporates to capture larger market shares. Due to the importance of Data in this new era, its security has become a major issue with the I.T. industry.  The piracy of data is a threat, faced by the I.T. players, who spend millions to compile or buy data from the market.  Their profits depend upon the security of their Data. 

 

Issues

The major issue regarding Data Theft is its International character, for example Systems may be accessed in USA, the data manipulated in China and the consequences felt in India. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Also, the lack of coordination between different investigating agencies and a not-so-sure extradition process is another head ache. However the biggest of all these issues is the lack of specific laws in the country dealing with this crime, so even if the culprit is caught he can easily get away by picking and choosing any of the of various loopholes in our law.           

 

Does India have sufficient Laws?

The problem of data theft which has emerged as one of the major cyber crimes worldwide has attracted little attention of law makers in India. Unlike U.K which has The Data Protection Act, 1984 there is no specific legislation in India to tackle this problem, though India boasts of its Information Technology Act, 2000 to address the ever growing menace of cyber crimes, including data theft. The truth is that our IT Act, 2000 is not well equipped to tackle such crimes. The various provisions of the IT Act, 2000 which deal with the problem to some extent are briefly discussed below.

Section 43:- This section provides protection against destruction and unauthorized access of the computer system by imposing heavy penalty up to one crore. The unauthorized downloading, extraction and copying of data are also covered under this section. Clause ‘C’ of this section imposes penalty for unauthorized introduction of computer viruses of contaminants. Clause ‘G’ provides penalties for assisting the unauthorized access.

Section 65:- This section provides for computer source code. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. Thus protection has been provided against tampering of computer source documents.

Section 66:- Protection against hacking has been provided under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished. This section imposes the penalty of imprisonment of up to three years or fine up to two lakh rupees or both on the hacker.

Section 70:- This section provides protection to the data stored in the protected system. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Any access or attempt to secure access of that system in contravention of the provision of this section will make the person accessed liable for punishment of imprisonment which may extend to ten years and shall also be liable to fine.

Section 72:- This section provides protection against breach of confidentiality and privacy of the data. As per this, any person upon whom powers have been conferred under IT Act and allied rules to secure access to any electronic record, book, register, correspondence, information document of other material discloses it to any other person, shall be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or both.

 

Can Data Theft be covered under IPC?

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:-

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

 Section 22 of I.P.C., 1860 defines “movable property” as follows:-

            “The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

            Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of “Theft”.  However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property.  But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC. 

 “Data”, in its intangible form, can at best be put at par with electricity.  The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666).  Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC.  However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.  

 

What do we need and why do we need?

It is imperative in today’s world that an emerging IT super power like India has a comprehensive legislation to protect its booming IT and BPO Industries (worst affected industries) against such crimes. Though the IT Act may appear sufficient in this regard but it is not comprehensive enough to tackle the minute technological intricacies involved in such a crime which leaves loopholes in the law and the culprits get away easily. Since this problem is not confined to one nation and has international dimensions, India must look forward to be a signatory to any international convention or treaty in this regard. Also it high time that our national police organizations are trained to deal with such crimes.    

 

It is never wise to represent yourself. Even lawyers tend to hire other lawyers to represent them in various matters. This is for two reasons. First, all lawyers are not experts in all areas of the law, especially in areas that require specialized knowledge such as family law. Second, when one is dealing with their own personal lawsuit, one is more emotionally attached to the situation. As such, emotions can interfere with effective handling of the case. This is especially so in the case of divorce. Hiring a MN divorce law firm to handle your divorce will ensure that your case is handled professionally, objectively, skillfully, and with your best interests at the forefront.

But how can you keep your costs down if you engage the services of a MN divorce law firm? For some people, it is worthwhile to have a prenuptial agreement drawn up prior to even entering into the marriage. This is typically done when one spouse has significantly more personal wealth and / or assets than the other and wishes to protect that wealth and assets should there be dissolution of the marriage at a later date. If your prenuptial agreement is ironclad, then there should be fewer issues to be addressed at the time of divorce as a settlement of the marital property has already been agreed upon ahead of time. There may end up being some custody, visitation and child support issues, but if the parties work together to come to a mutually agreeable solution and schedule, it should not take a great deal of time to work through. If the parties honor their prenuptial agreement and do not attempt to contest it at the time of divorce, the process should go relatively smoothly without incurring much in the way of attorney’s fees.

The majority of people, however, do not enter into prenuptial agreements. Without having an agreement ahead of time how the marital assets would be divided or a settlement should the marriage end, there tends to be more fighting between the couple on these issues, as well as on custody issues. The best way to minimize costs in a divorce and custody case is to work with the other side to come to a resolution quickly that will satisfy all parties as best as possible. The more couples fight in a divorce, the more it costs. If one or both parties intend to fight over each and every little item, the case will drag on possibly for years, racking up the MN divorce law firm attorney’s fees.

This not only hurts your pocket, but if you have children, it hurts them as well. If you and your spouse can work in a cooperative manner to resolve your case quickly, then your attorney will not need to engage in discovery, which can end up costing a lot of money, especially if it gets to the point of depositions. Discovery is typically needed in a divorce case if one or both parties are attempting to hide information, such as assets. Your MN divorce law firm is certainly capable of conducting discovery if need be, but it is best to avoid getting to that point. Moreover, the longer you drag out your divorce, the more animosity builds up between the parties and it become a vicious cycle that feeds upon itself.

Cooperation is definitely the key to keeping divorce costs down as much as possible. An amicable divorce means an inexpensive divorce, where you will likely only need to spend attorney’s fees and costs on the initial divorce petition and the cost of filing it in court and the drafting of a settlement agreement. If you are truly concerned about being able to afford to hire a divorce attorney to handle your matter, make an appointment with a MN divorce law firm and discuss your concerns. You will likely be presently surprised on how willing they will be to help you find ways to minimize the expense of your divorce and even ways that you can spread out your payments.

Brown Family Law is a MN divorce law Firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorney’s represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Blog – http://www.mnfamilylawblog.com/ – for advice and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

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Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

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Different people choose different types of careers. It is very important to make sure that you choose your career according to your interest. Interests of people vary and this is the reason why the choice of career also varies from one person to the other. There are lots of people who are interested in becoming a judge.

They want to take up a career in law. But you must always remember that becoming a judge is not at all easy. There are certain judges who are appointed while there are others who are elected.

The most important thing that these people should have in their minds is justice. The judge is the actual head of the court and he needs to preside over the proceedings and finally he needs to give the verdict in the case.

He must make sure that he provides equal justice to all. If you are a resident of United States then you must aim to become the judge in the United States. The legal systems practiced in different countries usually vary from each other.

The procedure to become the head of the court depends on the legal system of that particular country. In the United States there is the common law which is followed in the legal system. But before you become the head of court you need to become an attorney.

The attorney needs to go through some more training to become the judge. But the rules are different in places where the legal system follows the civil law. If you really want to become the judicial head then you must be very serious with your studies and training.

Other than this, the judge must also have extensive knowledge. He also needs to be impartial in any case. He must go through the hearing and then provide a verdict which is right for both the sides.

If you are interested in the legal career then you must be ready to sacrifice a lot of time which you could have spent with your family. The professional must always make sure that he does not bring personal feelings and emotions while giving verdict to the case.

These people must also be ready to work for long hours. The judges in the United States are appointed according to the laws present in the articles of the constitution. The judges are appointed on the consent as well as the advice of the president of the United States.

These people can also be removed with the help of the impeachment procedure. There are certain courts present in the United States where these people do not require a particular qualification for the post. Always try to choose you career very carefully.