Tips for Using Professional Attorney Answering Services
Posted on October 13, 2008 - Filed Under Law | Leave a Comment
Using a professional attorney answering service can save your firm time, money and resources. However, you should be clear on how a virtual receptionist works before you determine which answering service organization would be a good fit for your firm. Here are some tips on hiring a professional attorney answering service.
Hiring a reputable legal answering service should be a major priority in terms of outsourcing work for your law firm. After all, incoming calls are the crux of an attorney’s business; it’s the main way they get new clients. Therefore, your phone answering services need to be professional, reliable and informed on exactly what you do. Here are a few tips on hiring a reputable remote receptionist service:
Read More..>>Tiffany v. eBay: A trademark owner must police its own marks on the Internet
Posted on October 11, 2008 - Filed Under Law | Leave a Comment
In Tiffany v. eBay, ___ F. Supp. 2d ___, 2008 WL 2755787 (No. 04 Civ. 4607) (S.D.N.Y. , July 14, 2008) the Southern District of New York rejected an effort by renowned jeweler Tiffany to expand the reach of contributory trademark infringement. Tiffany’s theory of secondary liability would have imposed liability for trademark infringement upon web-based intermediaries whose users infringe on trademarks by selling counterfeit goods.
Background
Tiffany & Co., the world-renowned jeweler, has spent 170 years building its famous trademarked brand, synonymous with luxury and high quality. eBay is a well-known online marketplace where people can sell their stuff to eBay buyers.
Read More..>>How a California DUI breath test sample is supposed to estimate a person’s Blood Alcohol Content
Posted on October 7, 2008 - Filed Under Law | Leave a Comment
You were just arrested for a California DUI. A California DUI Attorney asks you what your Blood Alcohol Concentration (BAC) level was.
The understanding of the , these same people - who could be as low as .05 or as high as .15 - would have had the same amount of alcohol to drink. So similar people could drink the same amount of alcohol yet have BAC’s .10 different.
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The Doctrine of Privity of Contract
Posted on October 7, 2008 - Filed Under Law | Leave a Comment
At the heart of contract law is the concept of privity of contract. One of the fundamental tests of whether a contract binds a particular person is whether a relationship of privity exists.
Without privity there is no contractually binding obligation. The issue affects contract more with respect to enforcement than formation; a contract may exist but the crucial questions often overlooked are “who may sue” on the contract and “who is liable” under the contract? The question of privity is also a matter of logic. In a free society there is no obligation to enter into a contract for the most part. Hence, it is only logical, that the common law limits the scope of contractual rights and obligations to a narrow class of persons. Hence there are two parts to the rule:
Read More..>>The Statutory Right Of Publicity For Deceased Celebrities In California And The Impact OF SB 771
Posted on October 6, 2008 - Filed Under Law | Leave a Comment
When Governor Arnold Schwarzenegger signed Senate Bill 771 into law on October 10, 2007, it marked the latest chapter in the continuing saga of publicity rights in California. California’s evolving law on the right of publicity is widely viewed as both the most progressive and the most controversial in the country; SB 771 is no exception. While it expands posthumous publicity rights, this latest amendment, which some contend was rushed through the legislature at the behest of a greedy licensee for its own purposes, will likely spawn its own line of litigation.
Creation of the Right of Publicity in California
Read More..>>Liens In Personal Injury Claims
Posted on October 1, 2008 - Filed Under Law | Leave a Comment
North Carolina personal injury lawyer Brent Adams discusses how to protect against insurance companies, governmental agencies and medical providers who will try to take your personal injury claim away from you.This is part 1 of the discussion.
Years ago, when personal injury lawyers collected money for car wreck victims, their job was complete.
Now, however, when we obtain a good recovery for our clients, there are those who try to take it away.
Now a second battle must be fought by careful attorneys so that the victim may keep as much as possible of the money collected from the careless driver’s insurance company.
Read More..>>Cartoon Network v. CSC Holdings: Remote DVR does not infringe Copyrights
Posted on September 27, 2008 - Filed Under Law | Leave a Comment
In Cartoon Network v. CSC Holdings, 536 F.3d 121 (2nd Cir. 2008), the Second Circuit reversed a district court’s ruling and determined that a remote-storage DVR service does not infringe on the reproduction and public performance rights of copyright holders. This significant holding, which will likely be referenced in numerous future opinions, offers both good news and bad news.
Background
Defendant Cablevision Systems Corporation (”Cablevision?) offers a remote storage digital video recorder (”RS-DVR?) service ? like a cross between set-top DVR devices and video-on-demand services. A customer can program the RS-DVR to record and play back shows just like a regular DVR, except instead of storing the recorded shows on a set-top box, the RS-DVR stores the shows on Cablevision’s remote servers, obviating the need for a set-top box.
Read More..>>Plaintiff’s Personal Injury Attorneys Are Agonizing Over The New Medicare Reimbursement
Posted on September 24, 2008 - Filed Under Law | Leave a Comment
A new Medicare law, effective July 1, 2009, requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits Medicare is holding out both hands to make sure they get 100% reimbursement.
Read More..>>Legal Tips for California Construction Contractors
Posted on September 24, 2008 - Filed Under Law | Leave a Comment
Some Legal Tips for construction contractors to stay protected from contractor issues and problems faced by contractors from problem clients.
California construction contractors are in a profession that constantly remains in high demand. Because of the variety of projects that come their way and the often large scale makeup of many of them, it’s important that contractors have the proper contractor legal representation and are fully apprised of their rights. Here are some legal tips for California construction contractors.
Read More..>>Who Provides For Medical Care and Wage Loss When You’ve Been Hurt In a Car Crash On The Job?
Posted on September 22, 2008 - Filed Under Law | Leave a Comment
Answers a common question of who actually provides for medical care and wage loss after a car accident.
In our practice, we regularly see clients who have been involved in car or truck accidents while occupying their employers’ vehicle. Most people are confused about who is responsible for providing for their medical care and their rights of recovery. In some ways, it is analogous to having two separate claims running on parallel tracks, although the rights of recovery do not overlap. Many times choosing the best way to proceed is determined on a case-by-case basis. I’ll point out some of the issues that must be considered.
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