Category: Law

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.

Though all states have laws prohibiting sexual harassment on the job, California, Connecticut, and Maine take the step from reactive to proactive by mandating sexual harassment training for supervisors to prevent sexual harassment before it begins. While the three states training measures are similar, there are also significant differences in the specifics. Californias mandatory sexual harassment law (AB 1825) provides detailed requirements for harassment training requirements far more stringent than those of Connecticut and Maine. AB 1825 calls us to a new level of accountability that will undoubtedly influence sexual harassment laws across the nation, said Stephen Paskoff, president of Employment Learning Innovations, Inc., a workplace training firm based in Atlanta. It puts education on the front burner and acknowledges it as any companys best defense against sexual harassment claims.

While each of the states laws designates which companies must provide harassment training, Maine requires the training at companies of only 15 employees or more. Both California and Connecticut specify that companies employing 50 or more employees conduct the training. In this instance, Maines law is more stringent than the other two states. Maine is also more stringent is designating which employees must complete the training. Both California and Connecticut require training for employees with supervisory authority only, while Maines law requires sexual harassment training for all employees, regardless of their positions.

In many areas, however, Maines mandatory harassment training is more lenient. For instance, Maine does not specify the qualifications of a trainer; individual companies are at liberty to choose trainers. In contrast, California and Connecticut require qualified trainers. Connecticut allows a great deal of latitude by designating trainers as individuals employed by the company or other persons who agree to provide the training. California law, however, includes stringent details describing trainer qualifications. Qualified personnel include the following only:
Attorney
Human Resources professional
Harassment prevention consultant
Law school or college professor with knowledge and experience in the prevention and/or handling of harassment, discrimination, and retaliation claims

Paskoff said that by raising the bar on trainer qualifications, California sends a clear message to employers: check the box training is no longer acceptable. A paragraph in an employee handbook, a reminder in a newsletter, an obligatory lecture at a department meeting none of these constitute sexual harassment training. Instead, employers must invest their resources in highly trained professionals with both the knowledge and skills to effectively train and assess participants.

In addition to trainer qualifications, Maine is also more lenient in the areas of documentation. Maine requires no documentation of sexual harassment training, while Connecticut simply encourages documentation. In contrast, California requires it. Again California holds its employers and supervisors to a new level of accountability. In addition to basic documentation that includes the names of the participants and trainers, AB 1825 requires an employer to give each supervisor a copy of its anti-harassment policy and to obtain documentation from each supervisor acknowledging receipt of the policy. The company must then maintain the documentation for two years.

One distinguishing element among the three states harassment training laws is Californias requirements regarding teaching methodology. These requirements set a uniquely high standard. The methodology must include the following elements:
Questions that assess learning
Skill-building exercises
Discussion questions that actively engage participants in the learning process
Questions that assess learning success
Hypothetical situations and scenarios that are true-to-life
Memorable strategies for reporting and preventing sexual harassment
Opportunities for participants to ask questions and receive prompt answers

While both California and Connecticut state that the mandated training must be interactive, Californias training law goes to great lengths to describe exactly what constitutes an interactive approach. AB 1825 forces employers to do more than just pass on information to employees and hope they remember it. Instead, Californias training participants have every opportunity to understand the concepts and absorb them into their own professional values. In addition, companies bear the responsibility of choosing materials that fulfill the methodology criteria and using trainers who can effectively administer it.

As for course content, the three laws have the following content in common:
Definition of sexual harassment
State and federal statutory provisions concerning sexual harassment
Types of conduct which constitute sexual harassment
Employers obligation to investigate
Remedies available to victims

AB 1825, however, also mandates the following course content:
Limited confidentiality of the complaint process
What to do if a supervisor is personally accused of harassment
How to use the essentials of an anti-harassment policy if a complaint is filed
Fully detailed anti-harassment policy provided by each employer
Supervisors acknowledgment of receipt of the policy

The additional requirements in the California law focus directly on supervisors. Once supervisors complete the training and acknowledge receipt of an anti-harassment policy, they are fully accountable for knowing and applying the policies correctly. If a sexual harassment complaint arises, they can neither plead ignorance of the law nor accuse the employer of failure to provide policy. These measures empower employees who file sexual harassment lawsuits, thus laying the groundwork for successful prosecution of offenders.

The sexual harassment training measures are positive tools, but their real effectiveness lies in their reinforcement efforts. Paskoff said, Whereas Connecticut and Maine only require supervisors to undergo sexual harassment training once, Californias AB 1825 recognizes that the most effective learning comes from education that is continuously repeated and enforced until it is fully integrated into the day-to-day work life. To that end, Californias sexual harassment training requires supervisors to repeat the training every two years.

The gear and equipment for a law enforcement officer varies from state to state. Some items are restricted in some states. These are recommended for different emergency situations and the agency the officer is working in. These are some necessary tools a law enforcement officer should have equipped, on hand, in his vehicle, his office or at home. Clothes are an essential part to keeping a person warm cool and agile on the job. Especially when it comes to different terrain and weather a law enforcement officer is stationed in. It may vary from states to state from warm summers cold wet winters and cool autumns or raining states seasons.
1. Boots – Having a good pair of boots is more than ideal. It’s important to keep in mind that the type of boot you choose will vary from what type of law enforcement job you do. If you are working in security or as a body guard, you may not need steel toe tactical boots – so go with comfortable, long lasting and waterproof Timberland boots. In other law enforcement fields, you have to be agile and quick on your feet. You may even need to kick down doors if you have to make a forced entry, defend yourself or chase down a suspects – so it’s absolutely crucial that you invest in a good fitting comfortable pair of Tactical Boots.
2. Tactical Jackets – On cold winter days and nights, you need to stay warm and without the extra weight to slow you down in case a situation arises. Tactical Jackets work by trapping heat inside the chambers on the fleece or winter jacket. There are multiple internal storage pockets to securely store necessary law enforcement items such as radio, pepper spray, handcuffs, taser, or other non-lethal equipment. 3. Law Enforcement Belt – A traditional brown or black leather belt is just not sufficient for the job when it comes to law enforcement. You want a modular belt that can hold the essential gear for protecting yourself, fellow citizens and your co-officers. These heavy-duty belts have many slots and pouches to keep your gloves, cell phone, keys, pepper spray, radio, walkie-talkie, handcuffs, baton and holsters for your pistol. This is a crucial item to law enforcement gear since it has a quick-release button to retrieve any necessary item required at the time of the emergency. Stay ahead of the crowd and protect yourself so you can protect citizens by getting a law enforcement belt.
4. Tactical Gloves – To get mileage and distance for your hands, you need some protective hand gloves. In a situation where you may need to fire a weapon, having lightweight, flexible and durable gloves to keep your hands cool, dry and light may be a lifesaver to yourself and an innocent victim. This must have item in tactical gear has special built-in material that keeps moisture out of the gloves and outer coating that will give your hands a better grip on your baton or pistol.
5. Tactical Vests – During any part of time on your job, you may need to quickly un-snap a pocket or sleeve to quickly release a magazine to reload your pistol and take out your maglite or flashlight to see better in the dark. A tactical vest is an excellent piece of gear for close quarter operations and has the pouches and straps to quickly draw your holster.
6. Sunglasses – If you are going to patrol the streets on foot, in your patrol car, on horseback or bicycle, you need to have eye protective gear. Oakley sunglasses are made for world-class athletes and law enforcement officers to not limit their sight in any way. These sunglasses have interchangeable lenses, iridium coatings, and plutonite lenses that filter 100% of UV damaging rays from the sun along with high impact resistant lenses. Don’t go for fake sunglasses, your eyes are your camera to see the world – protect them and your fellow citizens at all costs.
7. Digital Camera – What if there’s been a car accident, proof of a domestic violence case where there’s blood on a gun, knife or blunt weapon? You want a small digital camera that can fit in your pocket, tactical belt or tactical vest. A digital photo from your camera or video captured on your device may solve a mystery case, track a serial killer’s next move or side with an automobile accident driver in court.
8. Maglites and Tactical Flashlights – Having a flashlight is like having another set of eyes with you. Especially if you meet scenarios or suspects in the dark, you need a flashout to plan your escape or capture plan. With a tactical flashlight, it is more lightweight and small to easily conceal in your pocket, nodular belt or vest. A maglite has more useful uses such as striking in self-defense with its solid heavy duty, or temporarily blind the person you are trying to arrest with its high intensity and illuminating beam. You’ll have no trouble finding what you are looking for. These flashlights have a world-class built-in self-cleaning technology. What more could you ask for in a flashlight?
9. Baton – Having a baton is a non-lethal self-defense weapon perfect to subdue a person who is out of control or violent. This is the most sought after tool if a riot breaks out and the call in the SWAT unit. Having a collapsible and autolock baton is perfect for any law enforcement officer. The item is small but effective in any self-defense situation.
10. Pepper Spray / Mace – Having your finger on a quick release mace that produces a powerful stream up to 10 feet can protect you and others in dangerous situations. You can easily hide this and quip it when the an emergency arises. You can put this in your key-chain. This is an excellent non-lethal preventive weapon. Keep in mind that having pepper spray or mace ready to release from your tactical belt or vest is a good thing to have.
11. Tactical Pen – Made out of pure aircraft aluminum, this heavy-duty bad boy can be carried in your pant or shirt pocket. This is a must have alternative to carrying a knife around. Not only does it write smooth but it can apply a substantial amount of force against an out of control person or animal – a tactical pen is your ideal tool.
12. Taser or Stun Gun – Can apply a stun gun or taser up to millions of volts of electricity. These devices really pack a mean punch. The tool creates a ton of electrical force and an intimidating electrical sound. When a taser or a stun gun must be used, it will instantaneously disrupt the message to the brain and causing the person to seize up immediately.
13. Law Enforcement Tool Kit – Cleaning your equipment, especially your sidearm pistol will keep everything clean, neat and working properly. The law enforcement tool kit is a great one to have.
14. First Aid Kit – A complete and comprehensive first aid kit is a must have to prepare for an emergency. The kit has everything you need from cuts, burns, to washing open wounds. This is an important piece of item in case an innocent victim gets hurt in which you can prevent them from getting an infection from using your first aid kit.
15. Law Enforcement Knife – Having a fine quality knife can not only be a life saver to yourself but to others you are trying to help. A law enforcement knife can help open locks, cut down barbed wire, chain fences and fend off intruders or defend yourself. You can easily keep this in your duty belt or vest.
16. Handcuffs – A good pair of secure handcuffs will keep the criminal suspect you just arrested from being able to flee.
17. Tactical Bag – If you need a heavy-duty bag to keep your arsenal and protective gear, get a tactical bag period. These solid built bags have large compartments to keep your personal belongings, shooting supplies, pistols and ammunition. Working in the field, a tactical bag is essential to carry things that are extra which won’t fit into your duty belt or vest. The craftsmanship is world-class to keep you feeling confident in the field.
18. Holster – Holsters can fit most small to medium pistols. With a quick release buckle and snap on straps, you can feel confident that you can reach for your sidearm in time, and feel comfortable in any situation in the field. Holsters are lightweight and effective. There are spare magazine slots that allow you to carry extra ammunition.
19. Law Enforcement Scanners Having a law enforcement scanner can keep you ahead of the news when it comes to the weather, hurricanes, tornadoes, heavy rainstorms or blizzards. Using a law enforcement scanner, you can listen in onto the police and fire channels which also includes the frequency paramedics use for emergency radio contact.
20. Speed Gun – Enforcing the traffic law violations using a speed gun is important in keeping highways and streets safe from speeds, drunk, careless and reckless drivers.
22. GPS – Being a law enforcement officer has high demands and expectations in protecting your community and knowing the layout of your state, city and town. What if you receive a call that there’s been a confrontation that escalated to a violent situation in a corner downtown? Who really knows every crevice of your city? When the time is crunching down and you have to get to an emergency situation fast, having a GPS will get you there that much quicker to save someone’s life.
23. Slapper – Like a billy club or baton, this small-sized personal defense slapper really packs a punch. There’s a leather wrap for you to grip the slapper easily. It has an intimidating and fierce look to it and the blow it can deliver is fearsome.
24. Caution Tape – If there’s been an emergency, criminal scene or to warn local citizens to look out for danger, having a caution tape around the perimeter of the area is an excellent thing to have.
25. Jumpstarter with Air Compressor – One of the worst things to happen is if you forget to turn off your lights and the car dies. Or the tires deflate suddenly. This is when you need a jump starter with a built-in air compressor. No longer will you ever worry about your car battery dying or changing your tires if you have a car jump starter.
26. Ankle Holster – Having a shoulder or belt holster may not be suitable if you are in the field as a FBI, DEA or ATF agent. An ankle holster provides a comfortable fit to hold onto a small sidearm on your leg without risking the firearm being seen. An ankle holster allows you to easily reach for your protective weapon just by bending down and hitting the quick release strap.
27. Laptop – A laptop or net book is something every law enforcement officer should have. It’s important to stay up to date on the news, store photographs or information of a criminal suspect you have followed for months or having the most up to date security to prevent hackers and pedophiles from causing damage on the internet.
28. Tactical Watch – Tactical watches are an excellent time piece to own that is water-resistant and rugged. This is one crime-fighting tool to stay ahead of the crowd.
29. Rainjacket – When your on the force and in the field, you need to stay warm and dry to keep your health optimal.
30. Police Officer’s Bible – It’s not easy being a law enforcement officer. There will be some in the community who will try to bring you down but mostly you will receive great respect from your community. There will be times where you may feel like you are about to break down or call it a day. Having a personal self motivational book can lift up your spirits and mood to keep going and bring a sense of prosperity and safety to your community.

Temecula Immigration Law – What Are Your Chances of Success?

Temecula, CA Immigration Lawyer, John Mansfield, explains:

One of the most common questions that I’m asked is “What Are My Chances of winning my immigration law case?” or, “Will I win My Immigration Case?.” Obviously, the answer to that question depends on several factors.

First, your case must fit within one of the legally recognized categories approved for granting relief. Certainly you will want to go to an immigration attorney who is going to give you an honest evaluation of your immigration case. Be sure that you are honest and forthcoming with your lawyer even at the first consultation, to ensure you get an educated and fully informed legal opinion regarding your chances of success in an immigration case.

A huge factor in the success or failure of an immigration case is selecting the right attorney. You may have a comfortable relationship with your family attorney that perhaps draws up wills and trusts, or maybe someone who handle your divorce or does personal injury, but you’ve got be very careful. You don’t want to use someone who is not familiar with the complex immigration laws. Understand that just because someone may be an attorney, he or she may not necessarily be an expert with immigration law.

Immigration law is unlike any other area except, perhaps, tax law. It’s similar to tax law in that it’s very complex, it’s very technical and it changes almost every day. I would say immigration law changes even faster and more frequently than tax law does. You really want someone who is either a specialist or exclusively practices in the area of immigration and nationality law. It’s that technical, it’s that complex, and if you have been in the system or know someone who has, then you certainly know that to be true.

Whether you are going to win your case or have a good chance of winning, depends greatly on whether you disclose any criminal records, or previous deportations. Perhaps you’ve taken a volunteer departure with the border patrol? Perhaps you have a entered the US illegally? Perhaps you over-stayed your authorized time period? There are a number of things that factor into your chances of a successful immigration case.

Beware of attorney’s that will try to tell you “you have a case” over the phone. They can perhaps give you an idea that you may have a case, but for someone to tell you over the phone or by email that you definitely have a case, and that they can win it for you, should be a red flag to yoube cautious.

The good news is that in most cases my firm has an extremely high success rate. For example, in adjustment of statutes -cases which are generally family based, green card applications, my firm has a 99% success rate. If it’s a court case with deportation, we generally have somewhere between a 75-90 percent success rate. I considered that pretty high and I’m very proud of our record.

I encourage you to get a reasonable and well thought out legal opinion from an immigration attorney BEFORE you commit your time, money and resources and put your life in that persons hand. Please be very careful and deliberate about how you choose your immigration attorney.

Hopefully this is been helpful, and remember: know you rights before you undertake something as important as immigration law.

Do you think you’re a resident of California looking for a competent divorce lawyer to fully handle your case within a divorce, custody, and alimony or property separation case? Go and visit orange county California bar association lawyer referral service. Aside from personally interviewing a quantity of lawyers, referral services work best supply of professional and experienced divorce lawyers in Orange County./p>

Since oc comes second among the most populous counties in California, it is certain to getting one of many many family law attorneys who will suit your legal needs and have a mutual solution. What is important is always to examine legal counsel referral service with a good reputation. While many services will still only find you an attorney, others will ensure you find legal counsel who matches your case.

Fortunately, there are various referral services in Orange County which are reliable. Such as

1. 1. Online referral services

2. 2. Public referral services

3. 3. Private referral services

Each one of these referral services differ in cost, how much information given about lawyers, amount of lawyers, lawyer qualification to get in the service, etc. should you be discovering it rare to find a great lawyer from these sources, there is a myriad other referral services which will be of fine help. An illustration is the Legal Aid Society of Orange County which gives services to low income earners and elderly people.

Benefits of using legal counsel referral service in Orange County

A lot of people facing emotional life events inside their families prefer using referral services to get good family law lawyers to work on their own cases due to the advantages that the service offers. A number of the advantages are

– Offer a way to utilize a divorce lawyer who has been pre-screened for their expertise and experience

– There is a variety of trained and multilingual attorneys who offer a listening ear without notice to dicuss

– Assured that the attorney includes a malpractice insurance

– Get the opportunity to think about reviews with regards to a lawyer’s performance and just what former clients say

– You can be sure that whichever lawyer you select carries a good standing using the California state bar and also American bar association

– The speed of initial consultation is usually reduced in referral services, some are even offered at no cost

– Obtain a second, third and even fourth opinion about your case

Searching through a referral service saves time. For instance, you simply have to mention your case once.

– High level of confidentiality specifically if you are the kind that does not want people to understand is going on with you and your family

Cases which entail the family as a unit usually cause you to be go through trying and emotional moments. In the event the case just isn’t handled well, it may lead stress, depression or even suicide. The achievements of the case starts from the initial steps of deciding on a household law lawyer. There isn’t any better approach to make the best decision about which family lawyer to work with aside from a lawyer referral service in Oc.

See Attorney Julian Fox> at the State Bar of California site at http://members.calbar.ca.gov/fal/Member/Detail/144716.