Tag: United States

Corporate law is the law of business or companies. Business organization’s law is a derivative of England’s common law even though it has evolved during the past century.

Most recognized and addressed forms of common law in most countries are:

Limited company
Corporation
Not for profit corporation
Unlimited company
Limited partnership
Partnership
Sole proprietorship
Limited liability partnership

Among the largest of companies are those which are listed on the stock exchanges throughout the world and even the single individual or sole trader has the ability to incorporate themselves, thus limiting their liability to carry on a business. Each law pertains to the country in which the company conducts its business.
Statutory forms of business, proprietary limited companies are formed in several countries such as Australia. And many countries forms of business are unique to that country and its laws. Limited liability limited partnership or LLLC companies as well as Limited liability partnerships which are also known as LLC are noted to be business conducted in the United States.

Dominant business enterprises go by corporate law in conducting their business. This type of law is intended for the study of how directors, shareholders, employees, creditors, and others who have a stake in the success of that business such as consumers and the community conduct themselves under the rules and guidelines of firms in which business is conducted. This law is part of business associations or company’s law which can include partnerships or even trusts or pension funds.

Among the purposes of laws of the corporation are the creation of laws and bylaws aimed at the purpose of protecting companies and businesses from outside interference as well as protection from themselves. Bylaws of a corporation state how the business is to be conducted and additionally set out the powers and rights of directors, shareholders, and officers of the corporation. And while shareholders don’t own the corporation, they do own shares of it and so have a vote in how that business or corporation is run.

While legally a corporation is owned by the shareholders and under the control of the directors, those directors are obligated to perform in the best interest of those shareholders and their investment in the company. They must concentrate on that business exclusively.

While a corporation is conducted like a dictatorship there is no dictator as neither the directors nor the shareholders have the responsibility or control of the company in regards to its purpose and its actions. Corporate social responsibility is the most commonly used and most popular ideology through which companies claim they’re good for society as well as the environment today.

Corporations have key legal aspects or features and as such are considered separate legal personalities which may otherwise be identified as artificial persons or a personhood, this being established in 1895 in an English law case involving the House of Lords. This separate legal personality allows many corporations or corporate groups to be quite flexible with their relationship to tax plans and additionally, overseas operations conducted for the benefit of the corporation.

The United Kingdom, the United States, and most Commonwealth countries have a single board of directors and corporate law is the rule with shareholders playing a large part in the overall conduct of business.

Alienation of affection is a term used to point to a tort action brought by a deserted spouse against an individual or a group of individuals who are held responsible for the failure of the marriage. A tort is a wrongful act which causes injury or loss to someone. Tort laws deal with such acts where a persons behaviour or act causes an unfair injury or loss to another person. A tort can be intentional or accidental, but not illegal. Tort laws allow victims of tort to recover their losses. Although alienation of affection law is considered outdated and prehistoric by many, there are lawsuits related that can be justified even today. This subject brings numerous legal issues and often brings up questions which cant be answered by the common man that Experts can answer. The top five queries related to alienation of affection are listed below that have been answered by the Experts:

In which states is alienation of affection law recognized?

Each of the United States has their own rules and regulations for this law. However, there are four states in the US, namely, Illinois, Mississippi, Utah and South Carolina that recognize alienation of affection laws.

Is it possible for someone to file a case under alienation of affection law in Maryland?

The state of Maryland has abolished the law, but allows petitions for divorces. Many states have different standards and not every state recognizes this law in general. Experts can answer state specific law questions.

Does the state of Illinois allow someone to sue for alienation of affection after being diagnosed with PTSD (Post Traumatic Stress Disorder) due to an affair?

Although IL recognizes it in some cases, the plaintiff must be able to prove conclusively that the defendants lack of affection was the prime cause of the affair or that PTSD was because of the alienation of affection that was caused by the affair from the spouse.

Can someone from a state which doesnt recognize alienation of affection laws file a case in a different state that recognizes the laws

A person can sue someone for alienation of affection only if the person being sued is a resident of a state that recognizes the laws. Apart from this, a person can also sue someone for any emotional distress caused by the person being sued.

Can a lawsuit be filed by someone in the state of Mississippi for alienation of affection after the divorce has been finalized?

It is possible for someone to be sued for even after the divorce. However, in the state of Mississippi, any lawsuit has to be filed within a time period of 3 years starting from the day on which the divorce was finalized.

Divorce attorneys mostly believe that the laws formed around alienation of affection should be abolished. However, there are certain trial lawyers who support such cases. Alienation of affection can range from employer/employee, parental alienation etc., to the biggest and most common form which is divorce-related. If you have any questions concerning alienation of affection laws www.justanswer.com/family-law.

Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster.

Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption.

Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters.

Now is the time to think about updating your labor law posters to avoid fines and prevent lawsuits. Don’t wait until you get fined get your mandatory labor law posters compliant today. One less thing you have to “get a round too”. Dont mess with the law, Osha compliance, and state and federal labor law poster posting requirements are Mandatory, get your Labor law posters updated today. Keep in mind that your state may require additional labor law poster postings.

Daniel Gaffney
Chief Executive Officer
Director
Dan uses his considerable experience in managing technological innovation and complex international operations to drive Brightleafs strategy and growth. Before starting Brightleaf, Dan was President and Chief Operating Officer of Corporate Fundamentals, Inc., a leading business process automation and data structuring solutions provider that he led through international mergers to its purchase by Hemscott Plc and Veronis Schuler. Dan has held executive leadership positions where he has overseen market development efforts for biometric technology firms and has managed strategic operations across fifteen countries on four continents for Compaq. He holds a Masters of Science Administration – Technology and Innovation from Boston University, and a Bachelors of Science degree in Industrial Engineering from the University of Massachusetts. Dan is a competitive cyclist and sits on the Board of Directors of several charitable organizations.

Venkat Srinivasan, Ph.D.
Chairman
Dr. Venkat Srinivasan guides Brightleaf with diverse experience from his string of entrepreneurial successes and his rich academic background in credit, finance and knowledge-based technology architectures. He is currently the founding CEO of Rage Frameworks, Inc., which is enabling the creation of process and capital efficient, technology-based businesses and business process automation centers with its patented business process automation technology. Venkat has founded and is currently actively involved in Creditpointe, Inc., and EnglishHelper. Prior to these ventures, Venkat founded Corporate Fundamentals and eCredit, both of which he led as CEO and guided successfully until their sale.
Venkat holds a Ph.D. in Finance from the University of Cincinnati, Ohio, and was an Associate Professor at Northeastern Universitys Graduate School of Business in Boston, MA

Jason Mendelson, Esq.
Director
Jason is a co-founder and Managing Director for Foundry Group. He currently serves as a director to Brightleaf, Oblong, and Pie Digital. He also sits on the boards of the National Venture Capital Association and Silicon Flatirons Entrepreneurship Board. Jason has written extensively about the venture capital and business law industries, specifically around what he calls Law Firm 2.0 and the future of the law firm practice. Previously, Jason was Managing Director and General Counsel for Mobius Venture Capital, and, before that, practiced corporate and securities law at Cooley Godward Kronish, LLP. As an attorney, Jason consummated over $2 billion of venture capital investments, $5 billion in mergers, and acquired extensive experience in fund formation, employment law and general litigation. He began his professional career as a software engineer and consultant at Accenture.
Jason holds a Bachelor of Arts degree in Economics, with distinction, and a Juris Doctorate, cum laude, from the University of Michigan. Jasons writings appear at Mendelson’s Musings and www.askthevc.com.

Ramana Venkata
Director
Perhaps more than anyone, Ramana Venkata understands how to help law firms and legal departments use technology to collect the massive amounts of flat, unstructured data that flows through their documents and organizations and then make that data intelligible so they can act upon it for profit, compliance, and risk mitigation.
He founded Stratify in 1999, and built it into the leading provider of technology-enabled EDD services to AmLaw 200 law firms and Fortune 500 corporations. When Iron Mountain acquired Stratify in 2007, Ramana became an Iron Mountain Senior Vice-President and General Manager of its Stratify division. He worked at Intel Corporation on Data Mining methodologies and applications. He completed five years of Ph.D. research in Scientific Computing and Computational Mathematics at Stanford University, holds a Master of Science degree in Mechanical Engineering from Stanford University and a Bachelor of Technology degree in Mechanical Engineering from the Indian Institute of Technology, Chennai. Ramana writes and lectures extensively and lectures frequently on the topic of electronic discovery.

Muthu Palaniappan
Vice-President, Technology
Muthu has over 20 years of experience in the software industry, with extensive expertise in building internet-based process automation solutions and in managing development and technology teams both in the United States and Asia.
Muthu comes to Brightleaf from Hemscott/Ipreo, where he led the development of highly scalable, web-based data automation projects for well-known clients in the financial service sector. Before that, he was Director of Software Development at eCredit.com, where he designed complex rules-based process automation methods. He has extensive experience directing technology and development teams in both the United States and India.
Muthu holds a Masters in Computer Science from National Institute of Technology and a Bachelor of Electronics and Communication Engineering from PSG Tech, India.

Luke OBrien, Esq.
Vice-President, Strategy
Senior Corporate Counsel
Luke is a veteran technology entrepreneur and experienced in-house counsel with a consistent record of producing innovative solutions to intractable problems. He believes deeply in the judicious application of technology to resolve process inefficiencies that separate knowledge-based service providers and their clients. Before joining Brightleaf, he founded, built, and sold technology companies in such diverse areas as SaaS-model legal process automation for the health law industry (Secure Record Services), GPS geoinformatic technology (SkyLinks, which he sold to John Deere), and mobile web directory services (Envenue, which he sold to Switchboard-Infospace).
Luke holds a B.A. in Biology from the College of the Holy Cross and a J.D. from Suffolk University Law School. Luke serves as director for LR4J, an organization he helped found that raises millions of dollars to feed the hungry and homeless in Massachusetts poorest cities. Sometimes, he watches his brother host The Tonight Show.

Tom Bolton
Director of Product Design and Management
Tom uses his 13 years of experience with the best practices of product management and design to ensure that Brightleaf’s groundbreaking legal technology products deliver maximum value to its customers. Specializing in disruptive and next-generation technologies, Tom has managed all facets of the product development lifecycle. Before Brightleaf, Tom led design and product management at Sovereign Bank, Fidelity Investments, and OneSource Information Services, as well as two Web 2.0 startups, Blue Egg and Good2Gether.
Tom holds a Bachelor of Arts degree in English from Princeton University.

Anil Nair
Director of Operations
Anil possesses deep experience in technology management, process automation, and the development of large-scale offshore operations. Before Brightleaf, Anil managed strategic operations across three continents for a Hemscott unit that was acquired by Morningstar and ran client relations groups at eCredit.com and at Corporate Fundamentals.
Anil holds a Masters degree in Management from the University of Bombay and a Masters in Information Systems from the University of Texas. Hes a nationally ranked badminton player and a former national champion who has represented India in International Grand Prix events.

Lynne Zagami, Esq.
Director, Client Strategic Processes
Lynne is a strong advocate for the deployment of technology to bring intelligence and efficiency to the practice of law. She brings experience as a corporate associate in two large law firms to her work at Brightleaf. While at Proskauer Rose LLP and Brown Rudnick LLP, Lynne represented both public and private companies. Her work involved venture capital transactions, SEC reporting and compliance, and mergers and acquisitions. Lynne served on the Brown Rudnick Associate Integration and Development Committee, and has been an active speaker on the the recent changes affecting large law. Her insights have been chronicled by The American Lawyer Magazine and Wall Street Journal Radio.
Lynne holds a Bachelor of Arts degree in Womens Studies from Smith College, and a Juris Doctorate from New York Law School. As a member of the New York Law School Moot Court Association, Lynne won numerous awards for her writing and oral advocacy skills. She is a Class Fund Agent for the Smith College Class of 2000, and serves on the Board of Directors of Habitat for Humanity of Greater Plymouth.

Walter Wright III, Esq.
Senior Strategic Advisor
As a founding investor, Walter Wright provides Brightleaf with pioneering thought leadership on the law of business and the business of law. As managing member of Trinity Law Group LLC (recognized by the Martindale-Hubbell Bar Registry of Preeminent Lawyers among the most distinguished law firms in America), he focuses intensely on the strategic, organizational, operational, capital and transactional requirements of entrepreneurs, start-ups, emerging and mid-sized companies. He also represents well-known venture capital funds and angel groups.
Walt is a magna cum laude graduate of both Boston College Law School (J.D.) and Tufts University (B.A., M.A). He is consistently recognized as a Boston Magazine Super Lawyer In 2008, Walter Wright was named to the Top 100, an exclusive list of attorneys in Massachusetts who received the highest point totals in the Super Lawyers nomination and blue ribbon peer review process. Of the Top 100, he is one of only 3 lawyers selected in the Business/Corporate category. Walt regularly receives Martindale-Hubbells highest Peer Review Rating as an AV attorney for legal ability and ethical standards.

David Curran, Esq.
Senior Strategic Advisor
Dave Curran is chief legal and compliance officer turned business technology leader with a passion for bringing best practices, technology and cost savings to the intersection of law and business. Dave was CEO (and remains an Advisor) of Integrity Interactive Corporation, a technology-powered risk management business in the ethics and compliance space. Before joining Integrity, Dave was President and CEO of DCI, Inc., a SaaS compliance and content and document management subsidiary of Havas.
Dave has held senior business leadership and legal positions with Campbell Soup Company and Readers Digest. He began his career as an attorney with Satterlee Stephens Burke & Burke, a boutique New York firm concentrating in litigation, media law, commercial transactions and intellectual property.
Dave received a B.A. with highest honors from SUNY Stony Brook, and a J.D. from the Boston University School of Law. He is a frequent guest speaker at industry and legal forums and has been an Adjunct Professor at Rutgers University Law School and the New School. He is an advisor and director to several companies, including FMP Media and Wisdom of the World and is a Mentor at MITs Venture Mentoring Service.

In June 2007, the controversial new REACH (Registration, Evaluation and Authorisation of Chemicals) law came into effect in the European Union. Taking seven years and 1,000 pages to pass, REACH is the most complex law in EU history.

Aiming to protect consumers and the environment from harmful and unsafe chemicals, the law requires manufacturers to ensure that over 30,000 chemicals have been tested and reviewed by the newly created European Chemicals Agency (EChA). For 1,500 high risk substances, manufacturers will have to prove “adequate control.” The EChA will ban ingredients posing a significant threat and ensure that cosmetic and other companies use alternatives.

The law also advocates using alternatives to animal testing, so that data on toxicity to humans is obtained using means other than experiments on vertebrate animals. Since the passage of REACH, L’Oreal has announced that it will conduct safety tests on human skin cells and tissue from animals slaughtered for food, rather than live animals, to collect the new information required by the law.

REACH replaces 40 separate chemicals laws in the EU. It also extends prior cosmetics laws that were based upon risk assessment and responds to ongoing calls from the scientific community for bans on confirmed and likely carcinogenic, mutagenic and reprotoxic substances in cosmetic products.

Although there was little existing safety information on 99% of the man thousands of chemicals developed in the EU before 1981, the EU had banned several dangerous chemicals that remain legal in the United States, including phthalates in cosmetics.

REACH is expected to put more pressure on law makers in the United States to impose tougher controls on the usage of toxic chemicals, since under the countrys Toxic Substances Control Act, the Environmental Protection Agency (EPA) has little legal authority to ban or restrict chemicals in use before 1976 because it must first prove they pose “an unreasonable risk.” It should be noted, however, that there are several shortcomings to the new European law. First, manufacturers have 11 years to register product ingredients, leaving more than a decade until all the ingredients in cosmetics products will be fully disclosed. Also, if a product was manufactured outside the EU and imported, it is not regulated under REACH.

An illegal immigrant is a person who has crossed a national border in any manner that violates the laws of immigration. People do this for a variety of reasons. Some feel this is their way out of poverty. They come to the United States to look for work. You may come across someone like this who seems to need your help. Perhaps you are looking for an affordable way to keep your home clean. You may consider the possibility of hiring an illegal immigrant as a maid. In that scenario, it would seem that both parties have something to gain.

Is it Wrong to Hire an Illegal Immigrant Maid?

On one hand, seeing a person in a desperate situation can naturally make a person want to help. The person may be very nice and just in a bad predicament. Your job offer could help feed this person’s family. Another reason people may wish to hire an illegal immigrant as a maid is to possibly get the labor for a lower amount than they would normally pay, because an illegal immigrant will not report them for substandard pay due to having an illegal status.

On the other hand, when considering whether or not to hire an illegal immigrant maid, it is important to remember that there are consequences that can go along with offering that help. Consider the fact that if you do, you could possibly be charged with a felony.

An alternative does exist in encouraging this person to apply for the guest worker program, which, if approved, would allow an illegal immigrant to remain legally employed without the risk of deportation. The guest worker program is a way for illegal immigrants to temporarily remain in the U.S. for employment purposes. Qualifying for the guest worker program will take away the risk of deportation.

Legalities

As mentioned on FairUS.org, knowingly encouraging or harboring an illegal alien, by assisting him or her in finding work or by providing employment, is a violation of federal law. Employment is defined as any service or labor. Is a maid considered an employee? The answer is not simple. Some may consider maid services to be domestic services.

According to The Boston Globe, a border protection chief is facing criminal charges for hiring illegal immigrants as maids. Perhaps a solution for him before hiring these maids could have been to encourage the illegal immigrants to apply for the guest worker program. If they had been approved, they could have been legally employed by him.

United States is through a lawful marriage to a U.S. citizen. As a result, the Immigration Service saw many sham or business marriages. To protect the agency and the country from fraudulent applications and marriages, Congress passed Immigration Marriage Fraud Amendments of 1986.

Marriage Residence status

Marriage now results in conditional residence status unless it is more than two years old at the time of granting the immigrant status. Two year period is measured from the time residency is granted. Conditional residence status may be terminated if before the second anniversary of the grant of conditional residence, the new york Immigration Service determines:

1) marriage was judicially terminated, such as a divorce
2) marriage was entered into to gain an immigration benefit
3) the couple failed to petition (Form I-751)

The Immigration Service to remove conditions within 90 days prior to second anniversary of conditional residence or the couple failed to attend their interview, unless the noncitizen has filed Form I-751 seeking a waiver of the joint filing requirement. Conditional residence becomes permanent residence after second anniversary of status if it is not terminated for any of the above reasons.

Immigration Marriage Fraud Amendments Act covers spouses

If the new york Immigration Service suspects that an alien has entered into a sham marriage, that alien is subject to removal from the United States. For that to happen, the marriage must be fraudulent at its inception or from the very beginning.

To determine whether the marriage was fraudulent at inception, the Immigration Service looks at several factors. The question that becomes relevant is: did the bride and groom intend to establish a life together? The government looks at the subjective state of mind. However objective factors are also considered. The conduct of parties before and after the marriage is relevant. To prove validity of the marriage, the couple must present evidence which may include, but is not limited to, insurance policies, property, leases, income tax, bank accounts, etc. Additionally, the couple must be consistent in its answers to the immigration officer.

The new Federal law passed through healthcare reform legislation is projected to affect over 200,000 restaurants throughout the United States.

The Food Labeling Law is outlined at: http://www.fda.gov/Food/GuidanceComplianceRegulatoryInformation/GuidanceDocuments/FoodLabelingNutrition/ucm223408.htm. The highlights are as follows:

Was signed into law March 23, 2010 and requires nutrition labeling of standard menu items for chain restaurants, retail food establishments and corporate caterers with 20 or more locations, food delivery establishments, convenience stores, movie theaters, bakeries, cafeterias, airlines and trains as well as chain vending machines, food carts, lunch wagons and cookie shops.
Three major requirements are: calorie count must appear on menus and menu boards (includes desserts, beverages, takeout, and website menus); a statement must appear on the menu that puts the calorie information in the context of a total daily caloric intake; and additional nutritional information must be available upon request.
All standard menu items (including meat, poultry and alcoholic beverages) will be required to display the calories count in a type size that matches the name or price of the menu item (whichever is larger) and with the same color or contrasting background as the menu item.
Compliance is required by March 2011.

This new law presents some major challenges that restaurant owners and food services are finding daunting. These include:
Obtaining proper nutritional analysis from suppliers
Regulating specific portion control
Finding aesthetic solutions for displaying nutritional information
Updating these as suppliers change portion sizes and recipes

Restaurant owners are in a flurry trying to figure out how to display the mandated information within the confines of existing menu boards. Printed signage does not allow the flexibility for changes and updates.

But if restaurants take a digital approach to requirements of the law the last two challenges in the above list are easily solves. Now is the time for restaurants to change to digital menu boards. Why?

1.Easy to design and maintain an attractive menu board that meets the requirements of the law and stays true to restaurant brands.
2.When linked to databases, digital menu boards are dynamically updated as nutritional content changes are made and as a bonus, promotions can be scheduled to automatically start and stop at specified times.
3.Hardware and software for digital menu boards is becoming more cost effective and energy efficient.
4.Eateries using digital boards portray a sleek, updated appearance that customers are coming to expect.

Digital menu boards allow restaurants to have the flexibility to create, design and redesign until they find something that works with their particular establishment. This experimentation is missing with printed signage. Also, consider that errors of last minute changes can be fixed in a matter of seconds in one store or over a network of hundreds of stores.

Printed signage does not offer that kind of flexibility. Static menus require a complete remake of the menu board for one small error or change, not to mentions the fees involved in redesign, shipping and the wait for new menus to arrive.

Restaurant owners and franchises are rightfully concerned with the potential consequences of not meeting the requirements of the law by failing to reflect nutritional values correctly or in a timely manner. But digital menu boards free food service providers from fear since information changes are reflected immediately.

It is without question a necessity for restaurants to switch to the use of digital menu boards to meet upcoming regulation deadlines.

Where is the most reliable source for digital menu boards that will change the food service world?

With over 30 years of technology experience, Noventri provides the food service industry with digital menu boards that are at the lowest prices, the easiest to deploy andare the greenest option avai

When a piece of work, may be of art or of science is invented, it is the creators intellectual property that has been instrumental in the creation of the product. In such a case, it is very important that he or she takes care that all rights that are related to this invention are secured in his or her favor.

The reason behind this is that, if there is no copyright on that physical or intellectual product, then your rivals may take advantage of your invention, misuse it and negatively use it for their benefits. In this case, copyright is very important. In case of business ideas, you should get trademarks and to know the trademark law Scottsdale, you should hire a good law firm.

An invention usually takes place after a thorough research and hard-work, and thus the inventor uses his invention to make some profit. In the same manner, a writer would sell his book to a publisher to earn money or a music composer will sell music to another. To make sure that these products or intellectual properties are not misused and manipulated by others, copyright law is important. If you live in Arizona, you need to find copyright law Arizona, so that you are on the safe side.

What are the features that you should look for while choosing a law firm?

When you have your own piece of art in your hands and you do not want others to take advantage of it, you can hire a copyright law Scottsdale firm that have the knowledge and procedure to get a copyright for your piece of art work. As there are many non-lawyer agents as well who can misguide you and take advantage of your product, you should hire a good law firm.

Only a good firm will be able to deliver best settlements with the trademark offices and courts. They would also take care of all your filing procedures so that you do not have to worry about anything. So, if you also have a vulnerable product, hire a good patent law firm today.

Experience is very important because, without experience a trademark law Arizona firm would not be able to offer you best services. Therefore, when you choose a good company, you must find one that has knowledge and understanding of the subject as well as a thorough idea of all laws of the United States of America.