Welcome to Michael's Article Collection

Corporate Records – Shareholder Inspections

You’re conducting business as a corporation and various shareholders have kicked in investment money. Can shareholder inspections of corporate records occur?Emotional AttachmentWith small businesses, emotions can run high. Typically, a person has a great business idea, but need investors to create a pool of cash to get the business going. In such situations, the person has an emotional attachme. . .

Senate Glossary Terms A - C

Adjourn for more than 3 days - Under the Constitution, neither chamber may adjourn for more than three days without the approval of the other. Such approval is obtained in a concurrent resolution approved by both chambers. act - Legislation (a bill or joint resolution, see below) which has passed both chambers of Congress in identical form, been signed into law by the President, or passed over . . .

The Death Penalty, Is it Good Or Bad?

I am and always have been the pro death penalty, however, even though I am pro death penalty, I probably would not be willing to pull the switch or push the button. I do not think that this makes me a hypocrit. Please bear with me while I explain. As I stated, I am pro death penalty. I am not, however, pro death penalty as an act of revenge or retribution. I believe that in certain instances it. . .

Whiplash Compensation Claim - Take These Actions

Even the most cynical of us would agree that occasionally accidents do happen. However, more often than not, an 'accident' isn't really an 'accident' at all and a certain level of fault for the accident has to be placed squarely on the shoulder of the person who caused the accident. The same is certainly true in the case of a car accident. So, how would you go about getting proper whiplash comp. . .

In Divorce, Women No Longer Have All the Power

For many years the process of divorce was a process heavily biased toward women - to balance out the fact that it was a man’s world. Traditionally, women were considered the weaker sex. They were the sex to be protected and protected they were when it came to divorce. But the laws have changed. In divorce, women no longer have all the power. Now, divorce is more even playing field and men don’t. . .

The Green Card Rush Has Started

The U.S. Government has issued 65,000 green cards this year for the purpose of allowing people of foreign birth to live and work in the United States. But what is a green card? How does it work and what is the application process?A green card is usually issued to people who are normally permanently resident in the United States and who wish to become a US citizen. After five years that person i. . .

Cover Your Assets!!!

You’ve worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family’s future.You didn’t do it to become a target of some lawsuit designed to take it all away. But unless you protect your assets, you are just such a target.THE PROBLEM: Litigation Epidemic & Lack of Financial PrivacyLITIGATION EPIDEMIC. T. . .

Mesothelioma - Suing For Compensation

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was neg. . .

Not So Happy Birthday

You Learn Something New Every Day!A bit of advice that I always give myself is to learn something every day. Well today I learned that a well know song, that has been around since 1893 is copy written. That is right folks, “Happy Birthday to You,” is copy written. The melody to "Happy Birthday to You" was written by school teacher Mildred J. Hill in Louisville, Kentucky. The lyrics to the song . . .

Divorce – Lower Cost Alternatives to an Attorney

Many years ago hiring a divorce attorney was financially devastating for many people. Divorce was for the wealthy. The rest of us had no options. We had to beg, borrow, or steal to find the money for an attorney. But now there are more options than ever before for anyone facing a divorce.Do Everything Yourself“Doing everything yourself” has become an option in many states with the advent of app. . .

Traditional Labor Law in a Non-Union Setting

Traditional Labor Law in a Nonunion SettingI. IntroductionEmployers who don’t have union employees amongst their ranks often do not realize a need to even consider the application of the National Labor Relations Act (“NLRA” or “the Act”) on their employment decisions. However, despite the absence of a union, an employer may find itself before the National Labor Relations Board (the “Board”), c. . .

Be All - End All Tax Attorney Blog!!!

Blogs have become a vital source for current information and the exchange of critical thought on many topics. The practice of law is no exception.Therefore, a new Blog has been created to provide educational information on tax attorney topics. This Blog will contain articles, case summaries, tax news and "everything" that is related to tax lawyers. Visitors can post comments on the informati. . .

Disciplining And Firing Employees

Perception is Reality – Discipline with Care!Disciplining and firing employees is one of the most crucial areas for consideration as an Employer. As a former plaintiff’s counsel, I know that the way in which an employee perceives his or her final disciplinary action or termination meeting is the most significant factor in determining whether a lawsuit will be filed. The way these things are d. . .

Wage And Hour Laws – What You Don’t Know May Destroy Your...

The primary Federal law governing wages, hours and overtime, the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., was originally enacted in 1938. This law is enforced by the Wage and Hour Division of the Department of Labor.Most employers see no reason to even think about this law if the pay their employees more than the widely known minimum wage. In fact, problems involving viol. . .

Does Software Solve Sarbanes Oxley Compliance Issues?

Sarbanes Oxley software has been aptly designed for the corporate world to introduce it to the Sarbanes Oxley act. It also helps the accounting personnel to take an insight into the legislation and document the financial reports as per the act. But is it the solution for Sarbanes Oxley Compliance Issues?Sarbanes Oxley software is available on the internet for a download. It is very helpful soft. . .

Child Custody in a Divorce – What is Best for the Children?

In most states, a court’s decision about child custody during a divorce used to be simple to make. The judge would give custody to the mom. The dad got alternating weekend visitation. Now, custody decisions are drastically more complex. Many states have adopted a standard called “best interests of the child.” Judges are required to weigh a list of factors to determine which parent is the p. . .

Auto Accidents - Protect Yourself

Auto accidents can be very stressful if you don't know what to do. The following are some tips in case you are involved in an auto accident. First of all, make sure everyone is ok. If anyone isn't ok, then immediately call 911. By OK, I mean, needing medical attention. For example a broken bone, concussion, or serious cut.If you aren't hurt, then you want to make sure you do the right thin. . .

Are You Thinking Of Hiring A Personal Injury Lawyer?

If you have been injured and are thinking of hiring a personal injury lawyer there are a few things to keep in mind. First of all, find a lawyer who specializes in your type of case and in the type of law your case falls under. You want a lawyer who specializes in personal injury law, not one who specializes in other areas of law such as criminal law, wills, estates, or divorce. Talk to several. . .

Dog Owners Beware

Man’s best friend can become his visitor’s enemy. So, if you are a dog owner take steps to avoid a very preventable injury to your visitor and very expensive injury lawsuit. If you are a visitor injured by the dog’s behavior, then you have the right to compensation for damages. Recently, a New Jersey Superior Court in Mercer County awarded $100,000 in damages to a UPS driver for injuries he suf. . .

Don’t Get Sued! Protect Clients from Providing Incriminat...

Introduction.In many cases, a taxpayer with an IRS audit may have exposure to potential criminal charges in addition to potential increased tax liability, penalties and interest. Cases that have potential criminal exposure are often referred to as “eggshell” or “sensitive issue” audits.Part One of this article will describes potential tax crimes and why the tax practitioner-client privilege is. . .

Don’t Get Sued! Protect Clients from Providing Incriminat...

Introduction.In many cases, a taxpayer with an IRS audit may have exposure to potential criminal charges in addition to potential increased tax liability, penalties and interest. Cases that have potential criminal exposure are often referred to as “eggshell” or “sensitive issue” audits.Part One of this article will describes potential tax crimes and why the tax practitioner-client privilege is. . .

8 Steps to a Smooth Divorce

1. Become educated on all aspects of Divorce. Reading the various websites available on divorce is an excellent start. Read every document available. Complicated subjects always deserve a second reading. Then, read your State Statutes on divorce. You will find they are written in almost-plain English and are understandable to the average person. State Statutes can be found by entering your. . .

Don’t Get Sued! Protect Clients from Providing Incriminat...

Introduction.In many cases, a taxpayer with an IRS audit may have exposure to potential criminal charges in addition to potential increased tax liability, penalties and interest. Cases that have potential criminal exposure are often referred to as “eggshell” or “sensitive issue” audits.Part One of this article describes potential tax crimes and why the tax practitioner-client privilege is inap. . .

How To Choose The Right Lawyer When You Have Over 66,000 ...

Finding The Right LawyerThis is probably the most important step and should be one of your first priorities if you are serious about buying a house in Spain. Seek the services of a good lawyer, before you start the hunt. Why? Because with Spain currently still experiencing a property boom, and the market favoring the seller, it is important that you are ready to act quickly, to avoid any disapp. . .

Divorce & Health Insurance

Recently, I had a question from someone who was going through a divorce and was concerned about lost health insurance coverage because she was covered under her husband's insurance. She was concerned not just for herself, but for her children as well. This question comes up a lot. See is this answer helps you better understand what to do. If you have additional questions on this topic, feel fre. . .

Filing An Income Tax Return

When the month of April rolls around most of America is preparing their income tax returns. Each year all individuals who made an income are required to report that income to federal and state governments by filing an income tax return. Taxpayers must file two separate income tax returns. One income tax return goes to the federal government and the other goes to the state government that a part. . .

Estate Tax: What It Is And How It Is Filed

According to the Internal Revenue Service (IRS), an Estate Tax is a tax that is imposed on your right to transfer your property and belongings after your death. The individual who is in charge of handing and filing an Estate Tax return is often the estate representative. An estate representative can be a family attorney or a family member who was declared the executor of an estate in a will. Wh. . .

Where to Find the Best Lawyers

If you are looking for names of attorneys, you can look for it from many resources. You can ask the advice of your friends or a health professional or even your family doctor. The Yellow Pages can be a good search or the online lawyer directory. If you still cannot find one that is best for you, you can get in touch with a State Bar lawyer referral service. Finding a personal injury lawyer is n. . .

How The Gift Tax Works

Each year millions of Americans give a gift to other individuals that they know. Gifts can be considered anything from a new vehicle, to a trip, to a piece of land. A gift tax is a tax that is imposed when an individual gives away a certain amount of gifts that are considered valuable. According the Internal Revenue Service (IRS), an individual who gives a gift or a combination of gifts to one . . .

Buying A Home After Bankruptcy

It’s true that most lenders will see you as a credit risk immediately after bankruptcy, but that doesn’t mean you won’t be able to buy a home. Home loans are somewhat less risky for lenders than unsecured loans (like credit cards or personal signature loans) because the lender will have your home as security. Even so, every reputable lender wants to be able to expect that a loan will be repaid . . .

Sour Taste Over Lemon Laws For Non-Traditional Motor Vehi...

Do you have a motor home, all-terrain vehicle, tractor, motorcycle or any other motorized transportation with less than four wheels? Did you buy it brand new only to find out it is a dud, something like a car lemon? Your rights as a consumer when it comes to the lemon law and its interpretation depends on which state you live in. Nope, it is not the state of denial, which is what you would like. . .

Enabling Sarbanes Oxley Compliance

Sarbanes Oxley compliance is not a one-day, a one-month, or even a one-year project; instead, Sarbanes Oxley compliance should be built into your corporate infrastructure as early as possible when you begin making changes. The more quickly you transition your business into long-term strategy change, the better you're going to be able to control Sarbanes Oxley compliance issues.There are a numbe. . .

Divorce and Alimony Formula

In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your di. . .

What will it cost to file bankruptcy?

Thinking about filing for bankruptcy? There aresignificant upfront costs. The purpose of thisarticle is to give you a general idea of what toexpect.Your minimum cost will be around $350 if youprepare your own forms that you downloadfor free from the courts. These forms arecomplicated and will take a long time tocomplete.COST #1 - CREDIT COUNSELING CERTIFICATE & BUDGETBudget: $50-$60One of t. . .

Innovative “No Win…No Pay…No Risk” Attorney Lawsuit Loan ...

Law firms work long and hard to achieve financial success. Today however a team of professional financial consultants have developed innovative tools to assist law firms achieve even greater financial success via a unique program called “No Win…No Pay…No Risk” Attorney Lawsuit Loans. With “No Win…No Pay…No Risk” Lawsuit Loans cases are leveraged TODAY that deliver capital as the program unleash. . .

A Summary Of Recent State & Federal Appellate & Trial Cou...

REPORTING DECISIONS THROUGH FEBRUARY 3, 2006PENNSYLVANIA STATE COURT DECISIONS1. CAUSES OF ACTION1.1. Civil Remedies For Violations of State Constitutional Rights► Commonwealth Court of Pennsylvania♦ Jones v. City of PhiladelphiaNo. 795 C.D. 2004 (January 25, 2006)Holding: A city or other local government is not liable for monetary damages under Article I, Section 8 of the Pennsylva. . .

Attorneys Online

Advertising is a relatively recent development in the legal profession, and not all law firms engage in it today. Nonetheless, it is advisable for every law firm to take note of the important resource the internet has become to consumers seeking products and services. Computers are a household standard, and the internet provides information on every profession, in formats from simple 'yellow pa. . .

What the Credit Industry Doesn't Want You to Know About B...

1. The “new” bankruptcy law that went into affect in October, 2005 isn’t very much more restrictive than the “old” law. The law revision got a lot of press that made it sound like it would be much more difficult—perhaps impossible—to file for bankruptcy protection after the new law went into effect. It’s true that there are some additional steps and additional paperwork. Filing bankruptcy is. . .

Dissolution by Affidavit - Personal Appearance Not Required

DISSOLUTION BY AFFIDAVITPersonal Appearance for Hearing Not Required in MissouriThe elimination of the requirement of personal appearance for hearing in Missouri dissolution of marriage actions arose out of, what may be termed in its broadest sense, a prisoner’s civil rights action.In State ex rel. Kittrell v. Carr, 878 S.W.2d 859 (Mo. App. 1994), the Missouri Court of Appeals, Eastern District. . .

Unclaimed Tax Refunds: How To Claim Yours

When a taxpayer owes money on their taxes they need to pay the amount owed before the traditional April 15th deadline. If the amount owed on taxes is not paid before the deadline, then federal and state governments can impose a number of late fees and penalties. While there are penalties for failing to a pay taxes on time, there are no penalties assessed to individuals who are due a refund but . . .

How To Deal With Catastrophic Personal Injury Cases

It is always a good option to ask for specialized legal support in case of catastrophic injury cases. Some of the injuries may be catastrophic but if taken care of properly, chances are that the victim may recover excellently. Significant suffering, permanent disability can significantly shorten an injured person’s life span. Some of the biggest opportunities in life will be a risk and he may s. . .

Choosing A Personal Injury Attorney

Personal injury attorney advertising is rising rapidly. Every time you turn on your TV or radio there are more personal injury attorney advertisements. Ironically, most personal injury attorneys and, in my opinion, most of the better personal injury attorneys, did not want to advertise and resisted for a long time. That is quickly changing. Many of the better personal injury attorneys are now . . .

Going To Court To Beat A Speeding Ticket

So you find yourself with a slip of paper that contains both a dollar amount and a date. It's the dreaded speeding ticket. You look at it and realize that you have two choices. You can pay the fine and subject yourself to the possibility of higher insurance premiums or you can plead "not guilty" and appear in court.Depending on how fast you were going over the legal, posted speed limit, it migh. . .

True Costs of Driving Drunk

The new tag line for drinking and driving is "drive hammered, get nailed." And law enforcement agencies are not kidding.If suspected of driving drunk, you will first be tested using the field sobriety test, which consists of walking a straight line, standing on one leg, and saying the alphabet-backward.You will also be required to take a breathalyzer test, and if you refuse, you will lose your . . .

Top Tricks Dealers Use To Keep You From Getting Rid Of Yo...

Taking back your “LEMON” or compensating you for your inconvenience is the Legal obligation of the car company. Unfortunately, this costs them money and many will go to great lengths to keep you from taking advantage of your rights under the Lemon Laws. Here are five (5) common "tricks" car companies use to avoid their Legal obligations to consumers: • Dealer Trick #1 - Saying you do not have t. . .

Child Support Law Opinions

Child Support LawsChild support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways. First, when the mother/father are struggling and unable to provide 100% for their young ones, . . .

Comercial Plaintiff Wins Now With "No Win...No Pay...No R...

"No one pays much attention to how a person who has been injured is going to live while waiting for a case to settle, the legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry Cohen With these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment . . .

Promote Your Law Practice Online

Offering legal services via the Internet offers Lawyers endless possibilities. While we focus our attention on New Jersey based lawyers, the same is true no matter where your practice is located.The interesting fact however is that out of the 20,000 plus practicing attorneys in New Jersey only just over 600 of them have a web presence. Could it be that this many (otherwise intelligent) attorney. . .

When To Use A Divorce Lawyer And When To Avoid One

The topic of divorce is never pleasant and usually painful, but if you find yourself at the end of a marriage, it may be your only logical options. Individuals choose to enter divorce proceedings for a variety of reasons, but usually the more civil these proceedings the better. A divorce lawyer can be incredibly useful for representing you regarding divisions of assets and property and in the e. . .

Injured Plaintiff’s Win Today With "No Win...No Pay...No ...

"No one pays much attention to how a person who has been injured is going to live while waiting for a case to settle, the legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry Cohen With these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment . . .