Finding the Right Criminal Defense Attorney to Protect Your Rights

When you have been or are about to be charged with a crime, the first order of business is to hire a criminal defense attorney to protect your rights and seek the best outcome of your case. Here are some areas to consider when finding the attorney practicing criminal law.

Personal Qualities

You have to be able to work with the criminal defense attorney whom you choose. Thus, you should evaluate these key areas:

• Experience
• Confidence
• Credentials
• Directness
• Professionalism

An experienced attorney in criminal law is definitely an asset. They typically possess a broad based skills set many obtained via a high quality Criminal justice masters degree program which will set you in good stead. You want to know if he has dealt with a case similar to yours in the past. Obviously, this will increase his chances of success with your case if he has experience.

You will be able to tell right away if the criminal defense attorney you choose has confidence. This usually becomes apparent after you discuss the charges with the attorney at the initial consultation. Be careful though. If the attorney tells you that he can win the case for you but doesn’t tell you how he plans to approach it, this may be a sign of over-confidence which won’t do you any good.

It’s the same way with an attorney’s directness. Does he ask direct questions and seek definitive answers from you? Does he tell you up-front what you are looking at in terms of a possible case outcome and the fees you may have to pay?.

Many criminal defense attorneys have gimmicky television advertisements and slogans in hopes that these will catch the largest clientele. A lawyer that is worth his weight does not have to resort to these marketing tactics and lets his professionalism do the talking.

Specialty

A criminal defense attorney’s specialty is important as well. One of the most common situations where a criminal defense lawyer is needed is when the charge is driving under the influence (DUI). Take a situation where you have been to a nightclub and had two or three drinks. Knowing well that you are not intoxicated, you drive home and get stopped at a DUI checkpoint.

The officer at the checkpoint is under pressure to make DUI arrests so he asks you if you have been drinking. You, being a law abiding citizen, say yes and tell the officer you had two or three. At this point, the officer can give you a field sobriety test which includes a breathalyzer. You pass the breathalyzer yet he still arrests you for DUI. This is because in the state where you were stopped, the laws prescribe that the officer can arrest you even if he has a suspicion you are intoxicated.

It makes sense that you want to hire a criminal defense attorney who is specialized in DUI cases. This specialty is important because the attorney will know that the fact that you passed a breathalyzer test will put holes in the officer’s testimony.

This is a simple example of why specialty is important. There are other types of crimes such as those in the white collar class that involve things like fraud and securities violations. In these cases, you would want an attorney specializing in these areas.

Price

Price is always a factor when selecting an attorney. However, don’t make the mistake of thinking that just because an attorney is high-priced that he will be any more effective. This is where specialization comes into play as well. An attorney who is specialized and experienced in your type of case will not have to spend so much time on research. This saves you money if the attorney is billing by the hour.

Some attorneys charge a flat-fee retainer and return the unused portion after the trial. This is a good way to keep costs under control.

Also keep in mind that it is unethical for attorneys to represent criminal cases on a contingency fee basis. Contingency fees are based on the successful outcome for a defendant (or plaintiff). They only make sense in civil and not criminal matters.

Recommendations

If you have friends recommending a particular attorney to you then consider yourself fortunate. Word of mouth is one of the best indications that this lawyer may be right for you. This is especially true if the lawyer has all of the other qualifications and is easy to communicate with.

Case Load

You can view an attorney with a heavy case load in one of two ways. Either his case load is heavy because he’s good or he is stretched too thin.

If the attorney is stretched too thin, he may not be able to devote the necessary resources to defending your case. An indication of this is when he doesn’t return your phone calls and doesn’t consult with you for days.

On the other hand, if your attorney returns your phone calls and has some definite status updates then he may have a heavy case load but can manage it well.

Being charged with a crime is a life-changing matter. You don’t want to hastily hire a criminal defense attorney because of the seriousness of what you are under. Do your homework and remember that you can always hire another lawyer if the first one you select doesn’t fit well for you.

The Facts about Intellectual Property Law

Intellectual property law is designed to protect entities that produce original works and inventions. The idea behind intellectual property law is to foster an environment that inspires economic growth through innovation. Simply put, if someone creates something such as a painting, this person should know that only he will benefit from the sale of that painting. This inspires others to create their own paintings and benefit monetarily from their sale. It is also a very complex area of the law and there are lawyers who specialize in it.

Areas of Intellectual Property

There are three areas of intellectual property:

• Copyrights
• Trademarks
• Patents

Each of these areas is defined and discussed below. However, you can think of the three areas as forms of legal protection to ensure that the creator of a work is the beneficiary of recognition and monetary revenue it generates.

Copyrights

A copyright is a protection by which a creator’s original work is protected from unauthorized copying. It applies to such works as novels, plays, paintings, music, literary works, and performance. Basically, it protects authors and creators in the expressive arts. A copyright gives the creator exclusive rights to his work such as:

• Making copies of it
• Displaying it on the media
• Showcasing it
• Performing it
• Creating derivative works
• Selling and distributing it

An entity who is not the copyright owner cannot do any of the above without written consent by the latter.

It is important to note that copyright laws only protect the way ideas are presented and not the ideas alone. They also do not protect facts, slogans, procedures, and titles. They only protect the original work. In other words, if you have an idea, it is not protected by copyright law until you create something from it.

Trademarks

The trademark protects something that is highly-valued by any business and that is brand recognition. In other words, the trademark is an instrument by which the names and logos of businesses are protected from copying. This way, consumers can recognize a business by way of its unique depictions and other marks.

Trademarks are rather easy to implement and require no formal filing. Once a business starts using its name and logo, it can use the TM symbol to identify the trademark.

Patents

A patent is an instrument for protecting inventions. Patents are complex and protect areas such as:

• Ideas
• Design
• Processes
• Composition of products
• Improvements to products

It should be noted that the patent protects an idea whereas a copyright does not. However, one can get patent if the improvement to an existing patent warrant that it is a true innovation. Basically patents protect inventions that are both novel and have features that would not be obvious to anyone else.

Intellectual Property Lawyers

There are lawyers who practice intellectual property law. They provide assistance to the intellectual property owners in areas such as:

• Applying for patents
• Writing licensing agreements
• Defending your work
• Writing franchising agreements
• Other intellectual property business agreements
• Software licensing

The interpretation of intellectual property law oftentimes has its gray areas between what is protected and what is not. For example, someone has an idea for a book and someone else takes that idea and actually writes the book. The idea person might claim that he has a copyright on the idea when he actually does not but the case may end up in court anyway. This is where the intellectual property lawyer goes to work.

However, in the case of patents, ideas are protected so the legal dealings with this area get much more convoluted. There is the originator of the idea and then there are those who come along and create permutations of that idea. The challenge for the intellectual property lawyer is showing that his client’s idea is in fact unique even if it is adding to existing technology.

If you have a novel idea or have made a one-of-kind work of art, it is in good order to seek the advice of an intellectual property lawyer. Likewise, if you believe that your original work has been infringed upon, seeking an experienced intellectual property lawyer is a w

Employment Background Checks

Employment background checks are becoming increasingly common these days. The reasons for this include the fact that negligent hiring lawsuits that result from the actions of an errant employee can damage a company’s credibility and lead to hefty fines; companies have become more selective in their choice of employees following the threat of terrorist activities; accepting a resume at face value has resulted in many companies wasting time and money due to frequent hire-and-fire situations. Also, more companies are now conducting employee background checks as information from databases all over the world is available online. Employers are not bound to conduct an employment background check in all cases; however, federal and state laws make employment background checks compulsory for jobs that require interacting with children, the infirm, and the aged.

Information that can be included in an employment background check includes driving records, details of past employments, disability claim denials, criminal records, military records, educational records, character references, and drug test records. However, background check companies that provide information to employers have to abide by the Fair Credit Reporting Act (FCRA) which regulates the type and amount of information that an external agency can provide to an employer. Bankruptcies that are more than 10 years old as well as civil suits and records of arrest more than seven years old cannot be reported. FCRA regulations vary with the state and agencies that carry out a pre-employment background check need to ensure that they comply with the state regulations.

Employment background checks can be conducted by companies in-house or can be outsourced to third parties that may include private investigators, H.R firms that screen applicants, and data brokers who are established online. Outsourcing an employment background check has its advantages but if a third-party is conducting a background check, consent from the applicant is required and under FCRA regulations the applicant should be provided with a copy of the investigations. If the employment background check is conducted in-house, the employer is not bound to obtain the applicant’s consent or apprise him in detail of the reason for rejecting his application.

What Is A Putative Class Action

On a very general level, class action lawsuits involve a group of people in some capacity: A collective class, held together over the issue of a broken product, suing a defendant, or a band of defendants, individual negligent companies, for instance, being sued by or persons. While more class action lawsuits are filed for product liability claims, other types of cases end up in court, too, including groups of shareholders suing for fraud, employees for discrimination, and residents over environmental disasters.

Each case, which may be filed in either federal or state court, class action has its benefits. Because a limited number of witnesses overlap, the trial process understandably moves along faster, while the overall cost of litigation tends to be lower than for individual plaintiffs filing alone.

On the other hand, these types of cases do tend to have drawbacks. Before the lawsuit even progresses, the prosecuting group must be called a class. Federal courts, as well, may conclude class action lawsuits if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

Teriality in a securities class action. While commonality and predominance lately have rightly engendered significant discussion the putative class because these class rep-resentatives have ceded control of the case By Michael R. McDonald and Damian V. Santomauro

A consumer filed a putative class action against Plimus under California law, alleging that Plimus misled customers into thinking that it offered (continued on next page) 5 of 17 • WHERE THE (CLASS) ACTION IS • CONSUMER FRAUD • BANKING

Bank in a putative class action where plaintiff alleged Wachovia breached its fiduciary duties with regard to investments in her accounts. The District Court granted our Motion to Dismiss the class action claims with

putative class action suit for Computer Fraud and Abuse Act and state unfair competition, unjust enrichment and trespass claims based on the alleged use of browser and ash cookies); In re iPhone Application Litig.,

Even inform putative class members that a class action lawsuit is pending.7 In addition, this view constrains class counsel’s communications with putative class members due to the ethical of a putative class action creates a representative

Of the Federal Rules of Civil Procedure states that in a putative class action lawsuit a class may be certified only if certain prerequisites Here, the court certified a class in a putative securities class action lawsuit despite defendants’ argument that the named plaintiffs were

This case involves a putative class action wherein a class of individuals who live near the Chalmette Refinery near New Orleans, Louisiana, Alleged personal injury lawsuit filed by several thousand named plaintiffs who sought class action

2 private monetary damages for real property damage suffered by Plaintiffs and putative class members who have real property around Lake Conway.1

1 SELECTED CLASS ACTION AND COMPLEX CIVIL LITIGATION REPRESENTATIONS OVERVIEW BuckleySandler represents the nation’s leading banks, thrifts, insurance companies, securities firms, and

Class Action Suit Aspen Dental

As a general rule, class action lawsuits involve a band of people in some capacity: A collective class, even bound together over the issue of a broken product, suing a defendant, or a band of defendants, multiple negligent companies, as an example, being sued by a single person. While more class action suits are filed for product liability claims, other case types end up in court, too, including shareholders suing for corporate fraud, workers, and residents over environmental disasters.

With a case, which can be filed in either federal or state court, class action lawsuits has its pluses. Because less witnesses overlap, the trial process understandably moves along faster, while the overall cost of litigation tends to be lower than for one off plaintiffs filing alone.

On the other hand, these types of cases do tend to have drawbacks. Before the class action even progresses, the collective group must be defined as a class. Federal courts, as well, can stop class actions if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

Excluded competitor anesthesiologist brought suit. Holding: no violation (majority upholds per se rule) Aspen, 688 US 1985, Ski Co Recent class action reform act allows dfts to remove to fed court.

Aspen Tech License Agreement Multiple Agreements Advanced Systems Concepts legal action Pritsker Corp Information Science Associates Mary Marshall, H4/331 CSC Group/Activity adult class/Liberal Studies #1411770 Institute of Mathematical Statistics

And senior dental insurance; b) Final expense and guaranteed final expense; suit, litigation or other proceeding against any Insured which was pending on or existed prior to the inception of the Policy Period, policy and any claim or action arises therefrom,

4110 ASPEN HILL RD STE 301 764.6 273626156 SANTOSH AROZONA MY SMILES 1 PLC in writing, of any actual or threatened action, suit or proceeding to which it claims such indemnity applies. Class IV (Orthodontia

What Is A Lead Plaintiff In Class Action

As a general rule, class action lawsuits involve a large group of people in some capacity: A collective class, even bound together over the issue of a faulty product, suing a defendant, or a group of defendants, individual negligent companies, for instance, being sued by a single person. While most class action suits are filed for product liability claims, other case types also conclude in court, too, including shareholders suing for corporate fraud, employees for discrimination, and residents over environmental disasters.

Each case, which may be filed in either state or federal court, class action lawsuits has its benefits. Because a limited number of witnesses overlap, the trial process inevitably moves along more efficiently, while the cost of litigation tends to be lower than for one off plaintiffs filing alone.

On the other hand, these types of cases do tend to have drawbacks. Before the lawsuit even progresses, the collective group must be defined as a class. Federal courts, as well, may conclude class action lawsuits if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

LEAD PLAINTIFF’S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENTS [PLC-21] Master No: 2:08-md-1919 MJP ii Bernstein Litowitz Berger & Grossmann LLP

Motions for Lead Plaintiff in Securities Class Actions Stephen J. Choi * New York University Draft #3: December 2008 Abstract Using a dataset of securities class actions filed from 2003 to 2005, this paper assesses the

Other contexts to their analyses of class action lead plaintiff du ties.73 Lead plaintiffs‘ obligations include selecting lead counsel74 and determining whether lead counsel and nonlead counsel fee requests are appropriate.75 As fiduciaries

In this consolidated class action, the lead plaintiff alleges that the defendants, NutriSystem Inc. (“NutriSystem” or the “company”), Chief Executive Officer Michael J. Hagan, Chief Financial Officer James D. Brown, Chief Marketing Officer Thomas

Potential lead plaintiff for this action. My firm was approached about the counsel on behalf of plaintiffs in a nationwide class action involving claims of a defective plumbing product installed in thousands of residences throughout the United States.

PLAINTIFFS' SECOND AMENDED CLASS ACTION COMPLAINT VIANALE & VIANALE LLP LITE DEPALMA GREENBERG, A. Plaintiffs 10. Lead Plaintiff Chaitanya Kadiyala resides in the United States and purchased Due to the discovery of the fraudulent accounting over many years lead by top management,

(“Lead Plaintiff”) and Plaintiffs Scott Heiss and Michael Zoitas (collectively, Plaintiffs bring this class action on behalf of all persons and entities that purchased or otherwise acquired common stock issued by A123 Systems (the “Class”) between February 28,

A second inquiry in which members ofthe class have the opportunity to rebut the chosen lead plaintiffs presumptive status." In re Centerline Holding Co. Sec. Litig., 08 civ. 505, 2008 WL This is a class action brought by Plaintiff on behalf ofitself and all others who

Unlike the WorldCom Securities Class Action, many Individual WorldCom Actions do The Underwriter Defendants and the Salomon Defendants take the position that Lead Plaintiff and the Named Plaintiffs cannot adequately represent bondholders and have filed