Firm Overview

Areas of Practice


-Personal Injury

-Construction Law

-Criminal
Law

-Speeding
& Moving Violations

-Entertainment
Law

-Health
Care

-Nursing
Home Litigation

-Trademarks

-Investments

-Securities
Fraud

-Toxic
Torts

-Wrongful
Death

-Automobile
Accidents

-Sexual
Harassment

-Wrongful Termination

-Medical
Malpractice

-Slip
and Fall

-Products
Liability

-Estate
Planning

-Asset
Protection

-Workers
Compensation


Personal injury
Personal injury
falls under the category of tort law.
Torts are civil wrongs recognized by law as
grounds for a lawsuit.  These wrongs
result in an injury or harm constituting the
basis for a claim by the injured party.
While some torts are also crimes punishable
with imprisonment, the primary aim of tort
law is to provide relief for the damages incurred
and deter others from committing the same
harm. The types of damages the injured party
may recover include: loss of earnings capacity,
pain and suffering, and reasonable medical
expenses.  They include both present
and future expected losses.
Liability is based upon the defendant’s failure
to exercise reasonable care, which failure
could foreseeably result in the harm which
actually occurred to the plaintiff. Some of
the common situations which give rise to personal
injury claims involve motor vehicle accidents
and slip and fall cases on icy sidewalks or
spills in a place of business open to the
public.
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Construction
Law
Construction, involving
any improvement or alteration to real property
(“real estate”), including demolition
work to clear a site, is subject to all of
the principles and doctrines of law, under
the broad, general classification of Construction
Law. The basic principles of law and equity
affecting real property have evolved from
a broad body of basic laws, regulations, standards,
practices, custom, usage, codes and technology.

Construction law may embody improvements of
all sizes and complexity from basic, residential
work, to enormous, complex projects of hydroelectric
impoundment and generation, city planning,
and mass transportation. While construction
law cuts across a broad spectrum of laws,
it is still closely interrelated with many
of the traditionally recognized principals
and doctrines of the law, including: real
property, contracts, torts, business organizations,
labor, tax, and (possible) conflicts of laws.

Contract terms and definitions in construction
contracts are very important, because they
eliminate ambiguity and misunderstanding;
they also govern the specific understanding
and agreement of the parties to the contract,
and provide the framework for interpretation
and resolution of construct contract claims
under the laws of each state.

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Criminal Law
The American
criminal system is an adversarial and accusatorial
model. Criminal procedure must balance the
defendant’s rights and the state’s interests
in a speedy and efficient trial with the desire
for justice. Therefore, the rules of criminal
procedure are designed to ensure that a defendant’s
rights are protected.

The
rules of criminal procedure are different
from those of civil procedure, because the
two areas (criminal and civil) have different
objectives and results. In criminal cases,
the state brings the suit and must show
guilt beyond a reasonable doubt, while in
civil cases the plaintiff brings the suit
and must only show the defendant is liable
by a preponderance of the evidence.

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Speeding &
Moving Violations
An offense of traveling
at a speed greater than that specified by
the posted limit. A “Serious Traffic
Violations” include unlawful speed (15
MPH or more over the posted speed), careless
or reckless driving, fleeing or attempting
to elude a police officer, other traffic offenses
committed in a commercial motor vehicle resulting
in the death or personal injury of any person,
and commercial motor vehicles not properly
insured.
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Entertainment
Law
Entertainment law
encompasses legal areas such as copyright,
trademark, contract, multimedia law, intellectual
property, and book publishing. Related areas
of law include first amendment law, telecommunications
law, sports law, and all areas of intellectual
property law. The personal service agreement
is a primary legal instrument in the entertainment
industry. This agreement is negotiated between
an artist and a company that manufactures,
promotes, and distributes the artist’s goods
or services. The agreement often binds the
artist to produce for one company for a certain
period of time. Personal service agreements
are often governed by statutes, and are often
the subject of litigation because they restrict
the rights of artists to perform or create
for any entity except the company with whom
they have contracted.
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Health Care
The federal and
state governments are the largest payors of
health care services in the United States.
The largest federal programs are Medicare
and Medicaid. It has often been said that
Medicare is the second largest segment of
the federal budget, second only to Social
Security payments. Federal payment policies
often determine how and what health care services
are provided. Preserving public health is
a primary duty of the state. Health regulations
and laws are therefore almost all state based.
Many states delegate authority to subordinate
govermental agencies such as boards of health.
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Nursing Home
Litigation
The practice of
nursing as a registered professional nurse
is defined as diagnosing and treating human
responses to actual or potential physical
and emotional health problems, through such
services as casefinding, health teaching,
health counseling, and provision of care supportive
to or restorative of life and wellbeing, and
executing medical regimens as prescribed by
a licensed or otherwise legally authorized
physician or dentist.

Nursing includes professionals in clinical
nursing, nursing management, healthcare quality
assurance and healthcare risk management.
Many legal issues focus on nurses’ professional
negligence, employment, discrimination and
licensing. Nurse Practice Acts (NPAs) are
laws in each state that are overseen by the
state boards of nursing. They are also responsible
for licensing of nurses and determining who
is competent to practice nursing.  Common
Law is derived from principles or social mores
rather than from rules and regulations.
It consists of broad, interpretive principles
based on reason, traditional justice and common
sense.  Together, the NPAs and judge
made case law define nursing practice.
It is a nurse’s responsibility to be informed
on both the NPA and common law of judicial
case law for the state(s) in which they are
licensed to practice.

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Trademarks
Trademarks identify
the goods of one manufacturer from the goods
of others. Trademarks are important business
assets because they allow companies to establish
their products reputation without having to
worry that an inferior product will diminish
their reputation or profit by deceiving the
consumer. Trademarks include words, names,
symbols and logos. The intent of trademark
law is to prevent consumer confusion about
the origin of a product.

In the United States trademarks may be protected
by both Federal statute under the Lanham Act,
15 U.S.C. §§ 1051 – 1127, and states’
statutory and/or common laws. Congress enacted
the Lanham Act under its Constitutional grant
of authority to regulate interstate and foreign
commerce.

Under the Lanham Act, a seller applies to
register a trademark with the Patent and Trademark
Office. The mark can already be in use or
be one that will be used in the future. If
the trademark is initially, approved by an
examiner, it is published in the Official
Gazette of the Trademark Office to notify
other parties of the pending approval so that
it may be opposed. An appeals process is available
for rejected applications.

Under state common law, trademarks are protected
as part of the law of unfair competition.
Registration is not required.  States’
statutory provisions on trademarks differ
but most have adopted a version of the Model
Trademark Bill (MTB) or the Uniform Deceptive
Trade Practices Act (UDTPA). The MTB provides
for registration of trademarks while the UDTPA
does not.

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Securities are
Investments
Securities are
investments whose value depends on the assets
and earnings of the issuer, or the voting
power that accompanies such claims. The value
of securities depends on the issuer’s financial
condition, products and markets, management,
and competitive and regulatory climate. Securities
laws regulate the disclosure to investors
about the value of the entities they seek
to invest in.

The Securities exist in form of notes, stocks,
treasury stocks, bonds, certificates of interest
or participation in profit sharing agreements,
collateral trust certificates, preorganization
certificates or subscriptions, transferable
shares, investment contracts, voting trust
certificates, certificates of deposit for
a security, and a fractional undivided interest
in gas, oil, or other mineral rights. A home
mortgage or a note secured by accounts receivable
or other business assets are not securities.

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Toxic Torts
A toxic tort is
a tort caused by contact with a toxic substance.
Because of the deveolpment in corporate industry,
the number of dangerous, toxic substances
in our environment has grown exponentially.
Some of the toxic tort lawsuits involve lead-based
paint, asbestos, dry cleaning and other solvents,
pesticides such as dioxin and DDT, electro-magnetic
fields from utility wires or major appliances,
toxic landfill waste, breast implants, various
drugs and pharmaceuticals such as DES and
tainted L-tryptophan ,common industrial chemicals
such as benzene and PCBs heavy metals, and
other chemicals such as mercury and arsenic.
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Wrongful Death
Wrongful death
is a civil action which charges another with
being liable for injury resulting in another’s
death by reason of negligent actions or a
failure to act which could foreseeably result
in death. The plaintiff (the executor or administrator
of the estate of the decedent, family member,
or spouse) must prove that the decedent would
not have died but for the negligence of the
defendant.

Damages which may be recovered are medical
expenses, loss of wages and future earnings,
loss of consortium, loss of support, and loss
of companionship. A child might be entitled
to compensation for the personal loss of a
father as well as the amount of financial
support the child would have received from
the deceased parent while a minor, a wife
would recover damages for loss of her husband’s
love and companionship and a lifetime of expected
support, while a parent would be limited to
damages for loss of companionship but not
support.

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Automobile Accidents
Even a minor car
accident can be traumatic, but when there’s
substantial damage to your property or a personal
injury involved, it is best to seek legal
councel.
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Sexual Harassment
Sexual harassment
occurs when a person is subject to unwelcome
sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual
nature to such an extent that it alters the
conditions of the person’s employment and
creates an abusive working environment. Sexual
harassment may include touching, feeling,
groping and/or repeated unpleasant, degrading
and/or sexist remarks directed toward an employee,
implying that employment status, promotion
or favorable treatment depends upon the employee’s
assent. Pornography displayed in the workplace
or emailed to coworkers may also constitute
sexual harassment.

What exactly constitutes such an environment
is determined on a case-by-case basis. Sexual
harassment is a private nuisance, unfair labor
practice or, in some states, a civil wrong
(tort) which may be the basis for a lawsuit
against the individual who made the advances
and against the employer who did not take
steps to halt the harassment. The employer
must have notice of the harassment and failed
to take action against it in order to be held
liable.

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Wrongful Termination
Wrongful termination
is a term that generally refers to a person
being fired illegally. Many terminations that
people think of as “wrongful” aren’t
illegal. In most  states, employment
is “at will”. This means that the
employer can fire the employee for no reason
or any reason. However, there are two main
reasons why a termination may be illegal-
discrimination and contracts.

Employers cannot discriminate against employees
are the basis of age, race, sex, national
origin, disability, and a variety of other
reasons. Employers cannot discriminate against
an employee because he or she has “whistle
blown”, which is reporting illegal activity
of the employer. They also cannot discriminate
against an employee for engaging in other
protected activities, such as filing workers’
compensation claims.

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Medical Malpractice
Medical malpractice
is the failure of a medical professional to
follow the accepted standards of practice
of his or her profession, resulting in harm
to the patient. Usually, proof of failure
to comply with accepted standards of medical
practice requires the testimony of someone
with expertise in the area of medical practice.
Some states have special evidentiary rules
applicable to malpractice claims.
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Slip and Fall
Property owners
are often responsible if someone falls on
their property. Companies and municipalities
are responsible for the maintenance of their
streets and sidewalks. This means that they
have to clean the sidewalk when it snows,
they have to make sure the sidewalks are safe
and ttake measures so that the pedestrian
can safely walk their property. If you fall
on the sidewalk because of ice, fall in a
supermarket because of a wet aisle, or fall
down a set of stairs without a proper handle
or with poor lighting, a personal injury claim
may be filed.

Damages that may be recovered include medical
expenses, compensation for pain and suffering,
loss of consortium, and lost wages. It is
not always necessary to show that the property
owner had actual notice of the slippery or
unsafe condition, ‘constructive notice’ may
create liability when the defendant reasonably
should have been aware of the unsafe condition.

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Products Liability
Products liability
refers to the liability of any or all parties
along the chain of manufacture of any product
for damage caused by that product. This includes
the manufacturer of component parts, an assembling
manufacturer, the wholesaler, and the retail
store owner. Product liabilty suits may be
brought by the consumer or someone to whom
the product was loaned. While products are
generally thought of as tangible personal
property, products liability law has stretched
that definition to include intangibles (gas),
naturals (pets), real estate (house), and
writings (navigational charts).

Products liability claims can be based on
negligence, strict liability, or breach of
warranty of fitness depending on the jurisdiction
within which the claim is based. In a strict
liabilty theory of liability,  the degree
of care exercised by the manufacturer is irrelevant,
as long as the product is proven to be defective,
they will be held liable for the harm resulting
fronm the defect.

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Estate Planning
The term “estate”
has different meanings in legal terminology.
In one usage, estate may mean all the possessions
of one who has died and are subject to probate
administration supervised by the court and
distribution to heirs and beneficiaries. The
Uniform Probate Code has shaped state law
in this field. It includes provisions dealing
with affairs and estates of the deceased and
laws dealing with specified nontestamentary
transfers (transfers not through a will),
like trusts and their administration. Since
its creation, over thirty percent of states
have adopted the Code substantially in whole.

Since many individuals neither set up trusts
nor execute wills, state intestate succesion
laws are an important complement to trust
and estate law. They determine where an individual’s
assets go upon death in the absence of a will.

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Asset Protection
Asset protection
planning involves figuring out and applying
a lawful series of techniques that protect
your assets from claims of future creditors.
The techniques are designed to deter potential
creditors from going after you, and frustrate
them if they do, generally by making it difficult
or impossible for future creditors to grab
hold of your assets or collect judgments against
you.

In cases where
significant sums are involved, asset protection
planning often includes setting up a series
of trusts, partnerships and/or off-shore
entities to hold legal title to your assets.
A future creditor who recognizes how difficult
it would be to collect on any judgment it
may win, might decide it makes little sense
to pursue a claim, or be willing to settle
for pennies on the dollar.

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Workers Compensation

Workers’ Compensation
laws are designed to protect employees who
are hurt on the job. These employees are
provided with fixed monetary awards covered
under workers compensation, thus eliminating
the need for excessive litigation.

Employers with over 4 or so
employees (varies by state) are legally
required to furnish workers compensation
insurance. If an employee is then injured,
the employee files a claim with the workers
compensation insurance company. Most laws
require that you file a claim within 30
days of the accident, or 30 days after you
learn of the injury (if it is a continuous,
latent injury, such as an inability to breath).

In general, workers
compensation provides replacement income,
medical expenses, and vocational rehabilitation
benefits. Usually, workers compensation
will pay you two-thirds of your salary while
you are injured. You may also be eligible
for life-long benefits or a lump sum payment
if you are permanently hurt while on the
job.

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