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Why You Should Hire A Patent Lawyer To Protect Your New Business

Posted by on 8:01 pm in Uncategorized | Comments Off on Why You Should Hire A Patent Lawyer To Protect Your New Business

If you are in the process of launching a start up and you have a new idea to introduce into the market, you are obviously going to be very interested in protecting that idea. Thankfully, filing a patent with the United States Patent and Trademark Office (USPTO) can provide the legal protection you seek. That said, the process of filing a patent may be something you are not familiar with. This is where a patent lawyer can come in quite handy. Here are three reasons why you may want to hire a patent lawyer to help protect your new business. It Can Be Less Expensive Than You Think A leading reason why some business owners choose to try and file the paperwork for their patents themselves is because hiring an attorney obviously comes with additional costs and if you are a start up, every single dollar is precious. That said, patent lawyers are adept at dealing with new business owners and understanding that you may be strapped for cash. Many are often willing to work with you on a budget. If you limit the application process to just your most critical ideas, you can potentially limit the amount of time the lawyer spends on the application, saving you money in the process. Stop Yourself From Revealing Too Much Information Patent lawyers excel at helping people decide the precise amount of information about the new invention that needs to go into the patent. A common problem some business owners make when applying for their first patent is being too detailed in their descriptions. You could actually put yourself at a disadvantage by giving away too much info, some of which may be related to other inventions your company is working on and not focused on the main invention for the patent. An attorney can  help you streamline this process and protect key data about your inventions and your company. Help Point Out Key Differences from the Competition In order to get a patent, you must show how your idea works but you also must show that it is new. This means you will often have to demonstrate how it is different in some key way from other inventions already on the market. If the language you use makes your invention sound too similar to something already on the market, the patent application will likely get declined. A patent lawyer can help you review records, some of which may be over your head and help identify what makes your product or idea different from the competition. If you are thinking of taking an idea and turning it into a business, it makes sense to protect your invention with a patent. While a patent application can be filed without the help of an attorney, having a patent lawyer on your side can make a big difference. Patent lawyers can help you set your idea apart from others already on the market, prevent you from disclosing too much information to the competition and may actually be more affordable than you might think. Contact a local patent lawyer, like Kaufhold & Dix Patent Law, for more...

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Serving Divorce Papers: 4 Ways To Get It Done

Posted by on 10:16 pm in Uncategorized | Comments Off on Serving Divorce Papers: 4 Ways To Get It Done

As the person asking for a divorce, you are known as the petitioner. The petitioner needs to inform the court that you want to file a petition for divorce. You must also notify your spouse. Although each state has its own set of requirements when it comes to serving divorce paperwork to a spouse, here are a few process service methods that you can consider and what it entails: 1. Personal Service This is when you have an adult that is (preferably) not related to you or your spouse serve the divorce paperwork to your spouse. Your spouse will then sign and date an acknowledgment document that he or she received the paperwork and accepts it. This document would then be filed with the court. 2. Personal Service with a Professional This is when the above process is performed, except this time it is a professional process server/company. There are people who make a living serving divorce papers and other paperwork to intended parties. This person will deliver the petition and attest that it was delivered and accepted. In some cases, these people can be very clever in delivering the paperwork, which is often necessary when your spouse isn’t wanting to cooperate. In some areas, a sheriff can serve the papers to your spouse. Either way, they’ll provide documentation that can be filed with the court – or may even file it for you.   3. First Class Mail with Reply With an acknowledgement form, your divorce papers can be mailed via First Class to your spouse. It’s easy and inexpensive on your part, but there is the chance that your spouse could say he or she didn’t receive the paperwork or just purposely not respond within the allotted time allowed. This delays the divorce process and requires that you find an alternative way of serving papers to your spouse. 4. Certified Mail with Receipt Although this method of mail service is more expensive, Certified Mail is often the best way to go if you want to try to serve the papers yourself. In order to receive a piece of Certified Mail, it must be signed for by the individual it is meant for. Therefore, your spouse can’t say that he or she didn’t receive the paperwork when he or she actually signed for it. You will have proof of this from the postal service, which can then be filed with the court. Before you can serve divorce papers to your spouse, you need to first understand the laws and regulations of your state and county. Consult with a divorce attorney like one from Eschbacher Law if you haven’t already, as you may find it beneficial to get help with the entire divorce process and not just the serving of the papers. After all, getting divorced can often be tricky...

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How To Ensure A Good Fit Between You And Your Family Law Attorney

Posted by on 12:24 pm in Uncategorized | Comments Off on How To Ensure A Good Fit Between You And Your Family Law Attorney

Your divorce may have come and gone, but if you still have to deal with an angry, vengeful ex, then you need to keep a lawyer in your back pocket. You also need a family law attorney who is a good fit with you, your children and your expectations of what you want or hope to accomplish every time you return to court. If you do not have a lawyer that is passionate about his or her work, you may find that you are frequently frustrated with either a lack of results or the wrong results in your case. Here is how you can ensure the best fit between you and your family lawyer. A Lawyer That Listens If you meet with a new lawyer and you are constantly getting rebuffed, redirected or shut down, that lawyer is not listening to you. A lawyer that does not have the time or patience to listen to you during an initial consultation does not have the time or patience for you in court either. You absolutely need a lawyer that listens, no matter what your complaints or concerns are. When you find a lawyer that listens, you feel better about trials, hearings and even the small wins and gains you make in court. Thankfully, most lawyers are good listeners, and you may only run into a non-listening lawyer once in a while. A Lawyer That Has Complete Objectivity This is a harder one, because to be passionate about one’s work means that one will not always be completely objective. However, you do not want a lawyer that is so subjective that he or she has already made up his or her mind about you as a client. Instead, find a passionate lawyer who is completely objective about the facts in your case, and not any hearsay or false statements. This is a lawyer who can get things done for you. A Lawyer That Is Highly Organized and Efficient You want a lawyer that is always on top of things, and is prepared well in advance to your court date. When things come up that are out of your control, you want your lawyer’s advice or your lawyer’s ability to flex (within reason). Last minute motions need to be filed, preferably, the day before the hearing, so if you work with an organized and efficient lawyer, you will both be happy about what you are trying to accomplish together. To learn more, contact a law firm like Gearing Rackner Engel And McGrath...

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Breaking Up Is Easy To Do…Sometimes: 3 States And Their Weird Divorce Laws

Posted by on 6:59 am in Uncategorized | Comments Off on Breaking Up Is Easy To Do…Sometimes: 3 States And Their Weird Divorce Laws

States have been busy updating their family law rules, passing new legislation designed to make it easier for people to marry in the case of same sex couples, and passing other laws to help estranged spouses move on with life after separation and divorce. While most of these laws won’t affect you unless you live in one of these states, the new laws remind all couples to understand the legal aspects of marriage and divorce. Maryland changes waiting period for divorce. Until recently, couples had to be separated for a year in Maryland in order to be granted a divorce hearing. The calendar started from the moment one party moved out, but reset each time couples lived together, even if only for a short time. Not only did this put a strain on couples’ finances if they budgeted to live together until their divorces were final, but it also forced divorcing partners to testify against each other, since exceptions to the one year rule were only made in cases of adultery or abuse. Couples with children still must wait it out a year, but childless couples in Maryland may now be issued a divorce decree before they’re too old to enjoy it. This shortened waiting period in Maryland reminds all divorcing couples to check out their states’ definition of legal separation. An attorney in your state will know the answer to that question, and they can explain any waiting periods your state may enforce. Same-sex couples in Pennsylvania need plans. First, they need to do some serious estate planning, and they should revise any property deeds so that transferring joint-owned real estate will be easier if one spouse dies before the other. But they must also be prepared for marriages that don’t work out. If you’re in a same-sex marriage, and you’re divorcing in Pennsylvania, the courts may determine when the actual marriage began. The start date may be considered much earlier than your actual wedding date if you lived together as a committed couple prior to your marriage. Because alimony, insurance, and Social Security benefits are all dependent on the length of the marriage, courts and legislators will have to sort out how partnerships are measured. Until then, same sex couples who are divorcing should expect to be confused by the lack of clear and fast rules. A competent divorce attorney should be able to advise you on probable outcomes, however. New York State reformulates how temporary support is calculated. New York has changed its method of determining how much support partners must pay between separation and divorce finalization. The new rules have one calculation track for spouses who must also pay child support, and another set of formulas for spouses who do not pay or will receive child support. The new law also sets income caps and gives judges wide discretion to use the facts of the case to make support amount determinations. No matter where you live, if you plan to divorce your spouse, do some math and figure out how the two of you will handle support awards by the court until your divorce decree is granted. Every state makes up its own divorce laws, so if you have any further questions about marriage or divorce, consult a family law lawyer in your...

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Examples of Situations Where You Are Not Restricted to Workers Compensation for Injuries at Work

Posted by on 8:55 am in Uncategorized | Comments Off on Examples of Situations Where You Are Not Restricted to Workers Compensation for Injuries at Work

In the normal state of affairs, injuries at work are compensated by workers compensation benefits. However, there are exceptions to this exclusivity, and you may be allowed to file personal injury claims in addition or instead of a workers’ compensation claim. Here are three examples of such situations: Your Employer Causes You Intentional Injury You may succeed with a personal injury claim or lawsuit if you can prove that your employer intentionally caused your injury. For example, if your employer has anger management issues and stabs you with a sharp tool for arriving late at work, then you can sue him or her. In this case, you instigate an intentional tort against your employer, which covers both intentional physical and emotional injuries. This doesn’t apply in cases where your employer’s indifference leads to your injuries. For example, you cannot sue your employer if he or she accidentally gives you a defective tool to use in your line of work, and it ends injuring you. In normal situations, you can argue that your employer caused your injuries. In a legal context, this is negligence that will be compensated by workers’ compensation. Injuries Caused By Defective Products You can also file a personal injury claim if your work injury is caused by a defective product. For example, if a manufacturer sells defective welding goggles, and you end up with eye injuries while using the eyewear, then you may file a claim against the manufacturer. This may also apply in cases where a supplier of potentially dangerous machines doesn’t provide the relevant warnings for operating his or her products, and the lack of warning causes you injury. Injuries Caused By Third Parties Finally, you may also file a personal injury claim if you are injured at work, but the cause of your injury is not related to your work. This usually happens if your injury is caused by a third party who doesn’t have an employment relationship with your employer. Here are two examples of such cases: A delivery truck knocks you over while working in your company’s warehouse. A plumber, who is repairing your company’s drainage system, handles his or her tools carelessly and harms you. A personal guest to one of your colleagues knocks you down (with his or her car) in your company’s parking bay. Knowing when to file either claim may help you to maximize your benefits. As usual, consulting with a personal injury attorney like Boucher Law Firm may help clarify...

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Take The Breathalyzer Test Or Not? Which Is Better For You?

Posted by on 10:28 am in Uncategorized | Comments Off on Take The Breathalyzer Test Or Not? Which Is Better For You?

If you are ever stopped by a police officer and asked to submit to a field breathalyzer test, you have the right to refuse. You can also refuse to take a field sobriety test. However, there are pros and cons to refusing to abide with the officer’s request. Knowing the following information can help you decide the best course of action if you are ever stopped by a law enforcement officer after you have had a few drinks. Refusing the Breathalyzer Until you have been arrested or there is a warrant issued, you do not have to submit to a field breathalyzer test. Unfortunately, refusing the test will usually result in your license being suspended. Driving on public roads is a privilege, not a right. Any time you are using that privilege you are giving the state implied consent to test your ability to drive safely. In addition, not taking the test looks like you have something to hide. However, by not taking the test in the field, your DUI lawyer can argue there was no valid grounds for an arrest. The officer may say that you appeared to be intoxicated, but without proof, the court will have a hard time proving it. If your last drink was not right before you were pulled over, your blood alcohol level will decrease over time. This means any mandatory test you are given after being taken into the station or after a warrant has been issued, will give a lower result. Hopefully, this lower result will not be high enough to justify keeping you any longer. Taking the Breathalyzer Test in the Field If you know that you will fail the test, or if your last drink was close to the time you were pulled over, taking the test will provide the officer with a reason to arrest you. You will need to have someone post bail to get you released from jail. If, on the other hand, you are positive you will not fail the test, taking it will allow you to continue on your way and will not result in a license suspension. However, even if you do fail the test in the field, your DUI attorney can usually find a way to cast suspicion on the results. Your attorney may be able to show that the machine was not calibrated recently, increasing the odds that the reading was wrong. If the officer did not observe you for 20 minutes before giving you the test, your lawyer can say you did something that increased the reading, such as burping. In addition, if the officer did not observe you, it is hard to prove you were doing anything that warranted giving the test. It can be a tough decision to take or refuse an in-field breathalyzer test. When it comes down to it, cooperating with the police will look better in court. If the test proved you deserve a DUI, let an experienced attorney find a way to interpret the results for your best defense.  For more information, contact a firm like Winstein, Kavensky & Cunningham,...

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3 Ways An Auto Accident Attorney Can Help You During The Settlement Process

Posted by on 1:58 pm in Uncategorized | Comments Off on 3 Ways An Auto Accident Attorney Can Help You During The Settlement Process

After an auto accident, your main concern may be getting your compensation as soon as possible. Settling with the at-fault driver’s insurance company is usually the easiest way to do this, though it will take time and effort. Below are three ways an auto accident attorney can help you through the settlement process and how you’ll benefit from their services. Collect the Information Needed Settling an auto accident case isn’t as easy as requesting compensation. Instead, the collection of necessary information (witness statements, police reports, medical records, etc.) can take months of hard work and persistence. When you work with an auto accident attorney, you have their years of expertise on your side. Choosing an attorney who knows the ins and outs of the process will save you money, time, and lots of mental anguish. This information will be vital when it comes to the next part of the settlement process, which is compensation negotiation. Negotiate on Your Behalf When you’re dealing with the consequences of a car accident your attorney will stand as an advocate by your side and ensure you get the compensation you deserve. Negotiating with an insurance agency or individual can be exhausting. Of course the at-fault driver’s insurance company wants to pay out as little as possible which is why a professional and knowledgeable advocate is a must. They will negotiate on your behalf for payment of your medical bills, damages, lost wages, and pain and suffering. Provide Legal Advice When it seems that everyone is against you your auto accident attorney will be on your side and offering you the best legal advice for your situation. This advice comes from years of experience and will benefit you tremendously.   Having been through this process before, your attorney will help you to avoid the pitfalls of too-early settling, such as receiving much less for your case than you would’ve gotten in court. Your attorney will help you to look towards future issues, such as future medical costs, lost wages, and other issues directly related to the auto accident. Once a settlement is closed you can no longer pursue compensation. Hence why receiving the best settlement upfront is vital. To learn more about the possibility of settling your auto accident case, consult with your auto accident attorney. Their knowledge, experience, and advice will guide you on your journey and ensure you get the compensation you deserve. If you’re looking for an auto accident attorney, visit Carl L. Britt,...

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Should You Sue Or Settle Your Auto Accident Personal Injury Claim?

Posted by on 10:42 am in Uncategorized | Comments Off on Should You Sue Or Settle Your Auto Accident Personal Injury Claim?

You may have visions of needing to go to court to settle your auto accident personal injury claim, but there is a chance that you will be able to settle your claim with the other party outside of court. There are different advantages to suing and settling that you must understand before you make a decision about what you want to do. Settlement Less Risk A main reason that many people decide to settle outside of court is that they are afraid of what a jury will decide. There is always a chance that the jury will side with the other party and that you will walk away with nothing. A settlement guarantees you will receive the agreed upon amount, and if a settlement is not reached, a lawsuit is always an option. Quick Payment And Fewer Fees A settlement will also result in receiving your compensation quickly, since you will not need to go through the lengthy trial process to receive it. Not having a trial means that you will not need to pay attorney fees over the length of a trial. You’ll also not need to take time off of work to attend court proceedings, which means more money back in your pocket. Ease of a Demand Letter Most settlements outside of court are as easy as writing a demand letter that the other party responds to. They may respond by giving you exactly what you wanted without any fuss. Suing Receive Due Compensation If the other party responds to your demand letter by not offering enough compensation, you can take them to court for the full amount you feel that you deserve. It could result in a much bigger settlement if you win. Court may be a necessity if the other party never responded to your demand letter, and settling outside of court was not even an option. The Ability To Still Settle Taking your case to court does not mean that a settlement is completely off the table. If at any time you and the other party agree on a settlement amount, you can skip the remaining court proceedings. Righting An Injustice The appeal of going to court could be from your desire to make sure the other party gets what they deserve. Having a judge or a jury rule in your favor could also provide you with an emotional victory as well as a monetary victory. Proving that you were right can sometimes be just as important as receiving compensation. Always consult a personal injury lawyer about the decision that you want to make. They can advise you on the option that is best based on the specifics relating to your...

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Custody Agreement: Certain Items That Need To Be In Writing

Posted by on 1:29 pm in Uncategorized | Comments Off on Custody Agreement: Certain Items That Need To Be In Writing

Getting a divorce is stressful enough, but when you add in custody of minor children, you then encounter several additional challenges. The idea is to make sure your custody agreement is in the best interest of your children. To do this, a few aspects need to be included in your custody papers. Create a Thorough Visitation Schedule The first aspect to get clear is the visitation schedule. When one parent has physical custody, also known as custodial custody, you need to determine the visitation schedule for the other parents. Even if you both get along, it can be tempting to have a verbal agreement about visitation rights. However, the moment someone gets angry, he or she may decide the other parent cannot have access to the children. To help prevent this from happening, you need the custody arrangement in writing. This helps maintain a balance and your children can get used to a new routine. With that said, you need a separate portion of your custody agreement dedicated to holidays and birthdays. Many custodial parents feel that they should have the children during these times. While it may be practical to handle holidays this way, especially if one parent lives out of state, you still need a plan that allows the other parent access to them on these dates. Some parents choose to alternate holidays every year to keep it fair or plan holidays were everyone is at one location. Determine Childcare Responsibilities The next aspect that needs to be in your custody agreement is the childcare methods both parents will be using. Unless you have teenagers, you will need someone to watch your children when you cannot be with them. It is important to remember that in some states, there are laws for how old a child can be when left alone at home. If your state has a specific age, you need to make sure you have babysitters for children under these ages. In this portion, you also want to determine which caregivers are acceptable such as daycare facilities, family members or professional nannies. This one aspect can help parents talk about childcare options they are uncomfortable with the other person using. Consider Medical and Dental Payments Another thing to consider is which parent is responsible for medical and dental payments. In some states, the courts may assign a parent as being responsible, especially if they already have insurance. You also have the option of splitting the cost between you, but you will need this in writing, so that one parent does not try to avoid paying for the services your children need. To help make sure your custody agreement is practical and reasonable, you will need a family attorney to help you. An experienced family lawyer will be able to create and file your new custody papers with the courts during your divorce...

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Applying For A Fiance Visa? 3 Steps You Need To Take Now To Prove You Have A Real Relationship

Posted by on 7:36 am in Uncategorized | Comments Off on Applying For A Fiance Visa? 3 Steps You Need To Take Now To Prove You Have A Real Relationship

If you intend to marry someone who is from another country and have them come live with you in the United States, you have to apply for a Fiance Visa. However, simply applying for a visa doesn’t mean that you will live happily ever after in the same country. As part of the application process, you have to prove that you have a true and genuine relationship and that you have strong ties to each other. If you can’t prove it, your visa may be denied, which means your fiance will not be able to enter the country until you file an appeal and it is granted.  To avoid problems in the application process, it’s important that you can clearly document and prove your relationship. Unfortunately, many people get rid of evidence, thinking that it’s not important. Following are three steps you need to take now so you can prove you have a real relationship when the time comes. Save All Correspondence Save all written correspondence, or a good portion of it, that occurs between yourself and your fiance. If you communicate mostly online, be sure to save emails that cover a broad range of time. While you don’t have to save all emails, it’s a good idea to have several from different days, months and years, depending on how long you’ve been in a relationship. If you chat mostly through instant messaging or on video chat, be sure to take screen shots of your correspondence. Many instant messaging applications allow you to save all conversations, but you have to have it set to do so.  Keep Adequate Phone Records If you call your fiance using a prepaid phone, it might be difficult to get phone records. To circumvent this problem, think about getting a land line or cell phone so you can get a monthly statement of all the calls you’ve made to each other.  Take Plenty of Pictures In order to get a visa, you must have met your fiance in person. This is best proved with pictures. In fact, pictures of the two of you together are required. Take as many photos together as time allows while you’re together. If you attend multiple functions together, take pictures at each of them. Avoid taking all the pictures you’re going to use on the same day. You want to establish that you spend time together.  When you apply for a visa, you will have to prove that you are in a real relationship. Anything that you save to show officials that you are truly together will be of great benefit to you. If you have specific questions relating to immigration, make sure to contact a lawyer with a firm like David Borts Law...

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