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Under Mississippi law, there are 3 methods for obtaining a divorce: Irreconcilable Differences; Irreconcilable Differences with Contested Issues and Fault Grounds.
When considering litigation, a business owner should be aware of his or her options. In addition to the courtroom, there are other forums that might be appropriate, depending on the specific needs of the business. Alternative dispute resolution (ADR), described below, may be a desirable alternative to litigation or, if the cause of action is of an eligible size, small-claims court may be another venue for an owner to consider. Class actions may also be utilized by a business in certain circumsta
While the bankruptcy legally may stay on your credit report for up to ten years, you can start rebuilding your credit immediately after discharge. One of the most important things you can do to rebuild is pay the creditors on time that report to the credit bureaus. Secured debts such as houses and cars as well as utilities typically report your payment history to the three major credit bureaus.
The best way to completely avoid a DUI traffic stop is to avoid attracting the attention of law enforcement by not violating any traffic laws. However, driving under the speed limit or signaling to turn a full mile before turning can also attract attention.
When considering divorce it is always a good idea to find a qualified family law attorney or divorce lawyer to help guide you through the labyrinth of laws and legal requirements. As a Birmingham divorce attorney I look out for the best interests of my clients went representing them in divorce court. Whether you are a husband or wife, this is a stress-filled time for many people, and my approach to compassionate representation during all phases of legal separation, divorce, child custody and oth
Here in California, however, caveat emptor no longer has application to real estate transactions. In the sale of a house or other property in California, the sellers must disclose facts known to a that materially affect the property or desirability of the property cannot be easily discovered by the buyer.
Drunk driving is the most litigated crime in Florida and throughout the United States. Police officers have strict criteria to follow when pulling individuals over and conducting field sobriety tests. They cannot pull someone over randomly unless there is a reasonable suspicion that he or she was driving under the influence.
Violating probation is a crime in the State of Florida. You may have faced serious consequences for the crime that led to probation in the first place. If you subsequently violate probation, you may now be facing a felony charge.
Having a written term sheet prepared before meeting with your attorney will not only help you organize your ideas and outline your goals for a contract, it may reduce the costs of representation by saving your lawyer time.
Most businesses have enough foresight to have their deals in writing, and almost every employer requires its employees to sign a contract, but when was the last time most of these documents were reviewed? If you're not regularly performing audits of your agreements they could be obsolete and unenforceable when you need them most.
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Most contracts are not required by law to be in writing but a written contract preserves the intent of the parties and makes sure that there is no confusion if a dispute arises in the future. Contracts are a safety net, if everyone was completely trustworthy with a perfect memory they would be useless, but we draft contracts in anticipation of a future problem. Unfortunately, contracts are static but the laws and situations they are based on are not. If you take the time, and money, to have your agreements professionally prepared you should periodically pull them out of the drawer and take care of them so that they can take care of you when you need them.
The following are a few examples of reasons to perform an audit of your legal documents.
1. Technology Policies
Most employment agreements do more than just set the salary of an employee and the number of vacation days allowed. These agreements contain employee policies and workplace procedures that must be followed, and the more complicated and high-profile the position, the more restrictive these agreements are of work, and even some personal, activities.
There was a time when having an e-mail or computer policy seemed ridiculous and overly controlling but today these are commonplace clauses in most employee contracts. Now, more and more companies are adding policies for cell phones and even social networking sites. If your employee policies don't include the word "Twitter," chances are they need to be reviewed.
2. "Personal" Online Activities
The Federal Trade Commission (FTC) recently released updated guidelines aimed at protecting consumers from potentially misleading endorsements. Under these new rules, an employer could be liable for statements made on non-employer maintained websites (such as personal blogs, MySpace, Facebook, and Twitter) by employees. Employees are now required to disclose their relationship to an employer when making endorsements even if those endorsements reflect their own thoughts, opinions, and beliefs. A misleading statement by an employee made on one of these social networking sites can expose an employer to expansive liability but I'm guessing most employees won't consider such activities damaging, or even covered by the terms of their employment.
3. Non-transferability Clauses
When parties come together to form a contract they usually only want to deal with the other party and require that the terms of the contract are nontransferable without their written consent. These types of clauses are generally not argued about and present few problems, that is, until a Court decision in September of 2009. In the case of Cincom Sys, Inc. v. Novelis Corp., the 6th Circuit held that a nontransferable software license was violated when a party to the contract merged with another subsidiary of its parent company, thereby changing its corporate structure.
Because this type of language that prevents transfer or assignment of a contract is so common it is highly recommended that an audit be performed in advance of any mergers or sales.
Conclusion
Most businesses realize that there are certain legal services included in the cost of doing business. My firm deals with many individuals who have recently started a business or are contemplating taking their first steps to a new venture. Too often, however, we encounter people who simply want the minimum work possible to allow them to move on to "more important things" and who have no interest in developing an ongoing relationship with an attorney or law firm. In many cases these individuals turn to form contracts and non-attorney legal providers to give them standardized templates and forms that they try to adapt to suit their needs to save money. While these practices may appear to work at the time you never really know the value of your legal documents, or of a relationship with a good law firm, until you are paying to enforce your rights in court.
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