Law and Justice

Posts Tagged ‘Assets’

Divorce cases, no matter how cut-and-dry they may seem, can sometimes take a long time to get through the court systems and finalize.  A number of factors may predetermine the length of the divorce case, but if you and your ex-wife cannot make agreements on anything, you can plan on the case going to trial and being decided by a judge.  But what exactly does the judge make decisions on?

The judge in divorce court will first address the division of property.  This means property, material goods, assets, etcetera will be split in a fair and proper way, and will be determined by a number of issues already pending through your divorce case.

If you have children, the judge will also decide upon who gets custody of the children, develops a vague and basic parenting plan for the parents to abide by, and decides on child support payments, alimony and maintenance that may be involved.  This will typically be based on each of the spouse’s incomes and financial situations.

The judge in a divorce case has a lot to consider, and must look at every aspect of the divorce itself to come up with a plan that works and is agreeable by all parties involved.  Although the judge may not make decisions that you necessarily agree with, he is typically required to make difficult decisions on his own and will try to be as fair and non-judgmental as he can.  Remember, though, that if the judge makes a decision that you do not agree with, you can always appeal the decision in the higher courts.

Children are involved in the marriage, so you know there are going to be custody rights that need to be decided on. Child support will also have to be worked out. Begin your search for the right MN Family Law Firm as soon as possible. The phone book will yield a wealth of names, as well as a search on the Internet. Begin by researching the backgrounds of each attorney listed in the firm’s directory.

You are each going to have to enlist the services of an attorney because it is not customary to have the same lawyer handle the case for both of you when there are certain issues like support and custody involved. The only time it is recommended is if you and your spouse are in complete agreement, have worked out all the terms between yourselves, and just need the services of an attorney associated with a reputable MN Family Law Firm to file the necessary paperwork for you.

This is rarely the case, however. Somewhere along the line one of the parties involved will object to something the other is asking for, and then the fireworks are liable to start. What started out as a friendly, amicable divorce may escalate into a bitter court battle that may tend to drag on for a very long time, or at least until one party or the other is willing to concede to the demands. The attorney you have hired at the MN Family Law Firm will be able to apply his or her expertise to working out an agreement that will eventually make everyone happy, but this can take considerable time, especially if the lawyer your spouse has retained is being overly aggressive in the interest of his or her client.

The two attorneys will meet, with or without you and your spouse, to discuss the options and come up with a plan that will enable both parties to walk away from the marriage with their pride intact, along with any assets that may have been the cause of the difficulties. A good, solid MN Family Law Firm is needed to work with the family to see that all ends well for the involved parties, and the divorce decree is finally granted without having to go to court and putting all your private matters on display. It will be less traumatizing for any children if they can see that their parents are trying to work through the issues instead of constantly battling each other for control.

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

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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If you’d like to capitalize on your business’ intellectual assets, there’s an old proverb that will fill the bill, if you’ll learn how it applies today: “Finders, keepers; Losers, weepers.” The Playground goes entrepreneurial!

Our biggest corporations have always hovered over their copyrights, their trademarks and their licensing agreements, protecting them through legal means. This can be just as profitable for companies that aren’t that big if you’ll look carefully at your processes and then learn how to promote and protect them like the big boys.

The management of intellectual assets (your companies ‘property’) isn’t only about how many new products you can bring to the market; it’s about new ideas and innovations that improve on existing goods and services. It’s all a matter of “finders, keepers,” which can be just as easy for the smallest firms to play as it is for the largest.

For all the years you’ve been in business, has there been some product or process that’s been improved on for the traditional marketing of your goods? Did your office assistant come up with a new “Eureka!” for keeping track of your client’s habits or abilities? Did you add two new steps to a production process that created more cost-efficiencies?

Look deeper. Is the way your service or product brand worth protecting? Can it become a profit generator by co-branding with another company? Inc. magazine in its May editions cited the case of Starbucks licensing its name to Jim Beam for a new liqueur, and Harley-Davidson partnering with Coca-Cola to reap millions of dollars in royalties from products incorporating both names.

Is what you know innovative (different) and would it be valuable to someone else? If your answer is yes, learn how to protect and profit from these assets or risk joining the ranks of “losers, weepers.”

Four additional tips to keep in mind:

1. Industry reports cite the growing number of Intellectual Property (IP) lawyers courting small firms instead of traditional big business clients. Go to Google.com and type in “IP lawyers” along with your state or city’s name. Some IP law firm Web sites carry free articles on IP trends.

2. Non-Disclosure Agreements (NDA) are mandatory when you’re developing some new product or process and you’re seeking help from outside your company. You’ll protect your asset from the beginning. One smart article on how NDAs work is at About.com, a product of the New York Times Co., at http://management.about.com/cs/ipandpatents/a/NDA062199.htm?p=1.

3. Don’t let your assets loose, even inadvertently, through outgoing emails. Sandhills Publishing Company’s www.processing.com shares safeguards for your outgoing email procedures at www.processor.com/mirapoint-Inc.

4. Consider an outside sleuth to help you find your hidden intellectual assets. Have you ever enlisted the help of a friend to help you find a misplaced item? Invariably, you’ll hear, “Well, there it is, right in front of your nose.” Outside consultants with keen expertise and sharp insights into how to spot potential intellectual assets can prove exponentially more valuable to your bottom line than that sharp-eyed friend.

This may seem like a daunting task for you to contemplate, but the services provided by the Minneapolis Law Firm you choose will make the process much easier for you. In general, divorce is usually amicable between the two people involved, but there are circumstances where the married couple decides to battle it out and drag the proceedings on and on. The professional people at the Minneapolis Law Firm you have engaged to handle your divorce will work to make sure that your rights are protected.

The Minneapolis Law Firm lawyers take care of any and all of your concerns when you decide to divorce. Custody, spousal or child support, division of assets and so on are all issues that the firm is prepared to handle for you. It is much less stressful for you if you let the lawyers handle anything that may come up. This is the service that you are paying for, and if the divorce becomes difficult you will be glad you have professional legal people on your side.

Don’t be intimidated by the number of lawyers listed in the phone book or online when you first begin your search for a Minneapolis Law Firm attorney to handle your divorce, and don’t hesitate to call and ask for advice about your particular situation. Make appointments to meet with more than one lawyer before you decide which one you feel most comfortable with. Most of the lawyers will offer a free consultation, either by phone or in person.

If you are a victim of some kind of spousal abuse, your lawyer will work to make sure you are protected against this. The whole idea behind hiring an attorney at a Minneapolis Law Firm is to see that your rights are preserved and you are able to safely obtain a divorce decree while maintaining your legal assets. Your spouse will have his or her own legal counsel, and you will never have to speak to him or her if you desire not to. All the work will be done through the attorneys.

If you find that you are in a situation where divorce seems to be the only recourse, seek the services of a good lawyer at any Minneapolis Law Firm. Make an appointment, sit down and explain your situation, discuss your options, and decide from there if this is the person who will handle your case. If the lawyer does not quite meet your expectations, or you don’t feel that he or she will give your case the attention it deserves, there are numerous other law firms you can contact in Minneapolis.

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

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A topic of interest to many of our customers is intellectual property valuation. IP professionals intuitively understand that IP has monetary value and use a number of ways to approximate it, but there is no standardized method for assigning a value to IP. A number of models exist that are useful to internally assess IP that can help professionals make reasonable decisions in disciplines such as licensing and mergers and acquisitions. Externally, though, these methods don’t conform to Generally Accepted Accounting Principles (GAAP).

They don’t contain a way of dealing with critical accounting practices such as the principle of prudence or the concept of depreciation. Without a way to address these principles on a ledger, the valuations can’t assure reliability and accuracy to other businesses in an accepted way.

In my view, the industry could benefit from a universally accepted set of methods for accurately assessing intellectual property patents because it’s a fundamental necessity to fully integrate your IP into your business. While a reliable model does not exist today, I’m confident that a GAAP conformant method will emerge within the next decade.

Looking forward, what would be the tangible benefit of having such a method in place? The answer is the same benefits we currently think of today for having standard accounting practices—those having to do with regulation, risk and P&L.

For example, today you can demonstrate an accepted value for a company you intend to acquire. That value is based on things like existing tangible assets, forecasted revenues and costs. The value is accepted because the ledger that tracks those aspects of the business does so in accordance with accepted practices.

Business managers also intuitively understand that Intellectual Property Servicesdrive revenues (and by extension profits) because these intangible assets are ultimately associated with products. Conversely, they understand that there are expenses, such as patent maintenance fees, that should be considered when trying to determine the real value of the company. What doesn’t happen today is the inclusion of the value and liability of IP as part of the larger P&L exercise—and it ultimately should.

With a standardized model your IP could be just one more ledger entry that investment bankers and business managers would use as part of their analysis when evaluating a merger or acquisition. It would be treated in exactly the same manner as any other asset.

This is also painfully obvious in licensing activities. A Du Pont scientist named Wallace Carruthers, invented a process for creating polymer fibers we now generically call Nylon. We are then left with the indelible impression that Du Pont invented Nylon, which is perceived as extremely valuable in a number of markets. But that understanding doesn’t answer the question: What is the value of a license from Du Pont to produce polymer fibers?

If you want to maximize the success of activities such as licensing and M&A, a standardized method for understanding the quantifiable value of your IP is absolutely critical. The last thing you want to do if you’re a buyer is to pay too much for a license or a company you want to acquire. As a seller you face the opposite problem of not wanting to leave money on the table.

For that reason, a significant amount of effort has been put into trying to understand how to accurately assess the value of IP, and sooner or later a standard will emerge. Until then, existing patent valuation models that will have to suffice. In my next article I’ll cover some of the most sound models, when they should be used and the pros and cons of each.

To understand intellectual property you first need to understand what intellectual property is. If you have created something such as an invention that you have the legal right to this and no one else can copy your creation. If they do you have the right to sue them in a court of law. there are many categories when it comes to this type of law such as patents, trademarks and copyrights. If you have a trademark on a certain name brand then it allows you to use the brand in any way you feel necessary. Nobody is allowed to use that brand name to make a profit from it because it is legally yours.

Find Free: Intellectual Property Advice

In some cases it can be a little confusing because when you are talking about intellectual property it can be an intangible item. When you’re talking about regular property something that you can see and touch it is easier to understand how you can legally own that property. It can also be difficult to value the assets of this type of property because in many cases it can very from brand to brand. As with a house for instance you can get the value of that type of property because there are other similar houses in the area that have sold for a set amount of money.

Free: Valuing Intangible Assets

Remember when you are talking about Intellectual-property rights it allows you to legally own a copyright, patent or trademark. This means if you create something or file for a patent you are safe from somebody stealing your idea and making a profit from it. It is always best if you have a legal issue that you find a good intellectual property rights attorney that can help you out.

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