Owning a business comes with all sorts of liabilities. If you do own one you are certainly acutely aware of this fact. The term CYA (Cover Your Ass) doesn’t exist for no reason. One little slip up and you could lose hundreds of thousands of dollars. You may even lose your entire business pending the severity of the liability infringement.
Many people, especially business, owners often use a liability disclaimer or email signature when it comes to sending and receiving emails. Then disclaimer is thought to keep you safe from someone reading your email when it’s not intended for them. There is probably sensitive information in at least some of your email correspondence or if you are in some businesses most of your email may contain extremely delicate information.
So, the question is; Do you really need confidential legal notices/disclaimers at the bottom of your emails?
Some laws state that a person cannot open mail which is not addressed to them unless they have permission. If an email is not assigned and or sent to you with your email address on it you should not open it. But, we are trying to figure out if your business really even needs the disclaimer, to begin with.
The Responsibility of the Company
Actions of a company’s employees are of great consequence to employers. When a company expressly states that its employees have been clearly instructed they are not to send harmful or malicious content through email, the company is therefore distanced from the employees’ actions. If a problem does come up the company is much more insulated from the incident and any repercussions.
Protection of one’s confidentiality is important. For instance, when highly personal or private information is sent via email just about anyone may gain access to it. Or, some emails accidentally get sent to the wrong address. In such cases, if the employer has a disclaimer on the email then all the information in it should be protected and cannot be redistributed. It can only be seen by the intended recipient.
If you or your company sends out an email providing false information then you may be liable if any problems occur for the recipient. For instance, maybe you are giving legal or medical advice and the recipient follows said advice, then you could be held accountable if any problems arise in light of your advice if you don’t have the legal disclaimer accompanying the email.
Basically, as long as your email stated that your company is not responsible for any wrongdoing that may occur while using the information provided or following your advice, you should be free of any legal repercussions.
Now, here’s the rub of it all. There has not once been a case in the United States in which having an email involved as far as a disclaimer in said email that actually influenced the litigation. What your disclaimer does is really not much, since both parties would have to consent to the waiver for it to be binding.
This all being said, you should do your own research and CYA before making any decisions.
*This author is not responsible for any liability and or lawsuits stemming from this article. (Tongue in Cheek)
Are you a music lover? Do you have a passion for streaming or downloading the newest bands and old classics? Does music steer you through life’s ups and downs? Perhaps music is your soul and lifeline like it is for me? If so then you should Follow The Music. Either way, if you download or stream digital music, there are some things you should know about what is legal and what is not.
Over the years things in the world of digital music have changed, evolved, and even found different places to call home. Whether you use Pandora, Spotify, iTunes etc. you really should become more educated on what is legal and what is not. Both for your sake and that of the artists you are into.
First, let’s talk about the differences between what is interactive and non-interactive. In accordance with United States laws Web radio stations and online music streaming services fall into these two categories. What is the difference you may ask?
When a person makes their own playlists to be able to access them anytime.
When a service is considered non-interactive then each user has limited control over what songs are able to be played.
Sites like Grooveshark and Spotify offer interactive services. Whereas sites like turntable fm have what are called “listening rooms” and don’t allow the users control over what is being played. So they are non-interactive.
When it comes to Grooveshark, they tend to get sued by artists a great deal. Artists claim copyright infringement because of intellectual property laws. However, Grooveshark says it follows the rules of the Digital Millennium Copyright Act. The problem that Grooveshark runs into is they don’t have the capability to keep proper tabs on who is doing what and with what files. Although Grooveshark does frequently send out cease-and-desist orders following through on them can be complicated.
When it comes to non-interactive sites like Turntable fm, they are supposed to adhere to the SoundExchange Statutory Licensing For Non-Interactive Music Sharing Sites rules SoundExchange is a non-profit entity that allows non-interactive music streaming service providers to pay out royalties if need be. Turntable fm is probably the safest of the music streaming websites since it doesn’t have to worry about royalties to artists. Turntable only allows its users to choose a genre of music and then songs are played based on that.
The online world and federal laws have not always meshed well. Although things are getting more clear on all fronts they still aren’t crystal that’s for sure. It’s always best to err on the side of caution when downloading, streaming, or doing just about anything online. Do your research and try to arm yourself with the best knowledge you can get on the subject at hand. If all else fails then call a lawyer and ask them.
Is call recording legal? It is a question that runs through the minds of many people. The truth is that the very act of recording a call or conversation is usually sensitive one. generally, there are both state and federal laws which govern wiretapping.
There are different types of conversations that come into perspective. Think of those conversations that touch on national security; and those that are basically between private individuals.
Again, think of company calls such interviews or lectures. Sales Sling has over 30 of these calls and mentions that these are categorized differently and have laws that guide call recording. Irrespective of the call circumstances, different federal and state laws apply, and legally, it all boils down to consent. Even is it also legal to leave a direct voicemail.
Is call Recording Legal
One-Party vs Two-Party Consent
- One-party Consent: allows you to record a conversation in either in person or over the phone. But you can only do so if you are part of that conversation or call.
- Two-party Consent: every in a conversation that involves two or more people, permission of all participants to the call must be sought for the recording to proceed.
Most states allow one-party consent. It remains legal to record a conversation if you are part of the same conversation, of which you have given consent. This law protects the call from being recorded by another party who is not part of the call.
Recording a Call Without Consent From One of The Parties
|In this case, it does not matter how the state or federal laws govern such a situation, it remains illegal to record a call which you are not part of, without the consent of one of the parties in the conversion. |
For instance, in a private conversation, you must have consent from either one or both of the conversing parties for the recording to be considered legal.
It is also considered illegal for you to place any recording device or a bug onto a phone, or a person, or home for reasons of recording a conversation without their consent.
Professional cloud based call centers are always up to date on federal and state regulations.
What’s the Penalty For Violation?
Whether it’s one party of two-party consent laws, federal and state laws apply, and there are consequences for violation. Some of these include:
- A crime is seen to have been committed.
- A charge of felony or misdemeanor, depending on how serious the crime is.
- You can also be sued.
- If you are found guilty you could either face jail time or heavy fines based on how serious the matter is.
Types of Conversations That Can Be Recorded
Basically, there are some kinds of conversations that can be recorded; what matters most are openness and honesty, as well as a respectable tone. Etiquette is key in such call recording, and it requires that everyone is identified. These include:
- Interviews and conference calls.
- Client meetings, and lectures.
So, is call recording legal? It does not matter in which state you are based, it remains illegal to record a call which you are not part of without the consent of one or both parties. Meanwhile, when it comes to private or company calls including interviews and conference calls, it is good to follow due process and etiquette, in order to be on the safe side of the law.
If you are keen on cutting business costs without compromising on quality, outsourcing is one of the top options to consider. India is one of the most common choices as far as outsourcing various types of services are concerned. While this certainly makes great business sense, there are some issues pertaining offshore outsourcing to India and legal aspects that need to be considered. In this article, we are listing some important points you need to keep in mind before you start outsourcing.
Governance of International Contracts
Whenever there are any business contracts that go across national boundaries, the national laws of the country will not be sufficient to handle situations in case of conflicts and issues. It is important that when deals between Indian and US establishments are signed, the International laws come into play. The best way forward is to choose which country’s government will take care of the legal aspects of overseas deals. This is referred to as the Proper Law of Contract. This is a law that protects the interests of both parties in India and the US.
Intellectual Property Laws in India
The laws in every country always go through changes and modifications, and the same is the case with India. It should be kept in mind that India has ratified the World Trade Organization agreement that went into force from 1st January 1995. India is also a party to the provisions that are applicable under the agreement that is related to Intellectual Property Rights. Further, the country also has brought in many changes to their designs, copyrights, trademarks and patent related laws.
Overseas Parties Have Flexible Laws
|When it comes to offshore outsourcing to India, the stakeholders are at liberty to specify their terms of contract. They also can mention the law under which the particular outsourcing software contract should be governed. There are many sections of the Indian Civil Procedures Codes that govern the enforceability of foreign judgments when it happens in the US and other countries.|
The Courts Also Uphold the Law That is Chosen
When the outsourcing to India is finalized and contracted under a specific law, the Indian courts have always recognized the selection of the law. The specific law may be something that is not practiced in India, but the courts have always taken a lenient view on this and judge based on the originally contracted law even if it belongs to the US.
When it comes to offshore outsourcing to India and legal aspects, know that there is a well-defined and efficient legal and judicial system. It is important for U.S business owners to understand the various legal aspects associated with outsourcing to India. Remember to follow the Proper Law of Contract, by defining what country’s laws will be followed in the original contract.
There are few to-do lists that we need to tick off the moment we have a stable career! Other than opening a savings account and making the necessary investments, it is also essential to opt-in for your life insurance. Selecting the correct policy is essential. Additionally, you also need to know the process of life insurance claims, so that you can claim it later.
According to the standard procedure, all life insurance claims are paid within a maximum of 30 days after submission of a formal claim to the concerned insurance organization. When the claim surpasses the 30-day time, the insurance company considers it as delayed. A delay of any kind will strain the survivors. Furthermore, a delay can happen due to multiple reasons.
Majority of the time, when insurance company denies claims and the reasons supporting the same are unfavorable! From missing important data to technical errors, the reasons are varied. To put some order and promise of receiving the claim, it is essential for people to reach out to expert life insurance lawyers. Delay in obtaining the insurance claim doesn’t necessarily mean that the claim will get denied altogether. But if you are facing a delay over a month or two, you need to look into the matter seriously.
Reasons for delayed life insurance claims
Addressing a delayed insurance claim is essential. Also, you need to know the possible reasons that cause a delay. Discussed below are some of the essential reasons that postpone your claims.
- The beneficiary could be a minor
Is the beneficiary a minor child? If yes, then the life insurance claims will get delayed till such time the insurance organization receives the necessary details about the minor’s guardians. It is important to add the minor’s guardian in the claim.
- Not naming a spouse
There are times when a spouse doesn’t get added as a beneficiary for a community-property state. In such cases, it is possible for the spouses to claim a certain amount of the proceeds from the insurance policy.
- Not updating the beneficiaries
Sometimes there can be significant life changes occurring in people’s lives! You might have a major setback as well, such as a divorce. There are instances, when people get married, have children, or change locations and many more. In such situations, the names of the beneficiaries get changed in their life insurance policies. When these changes aren’t updated, the claim will get delayed.
- Unnamed beneficiaries
When an insurance claim doesn’t carry the name of a beneficiary, the concerned insurance company will either pay the proceeds based on the state law rules. And this can delay the insurance claim as well.
How to avoid any life insurance claim delays?
One of the intelligent ways to avert all kinds of denials and delays in your life insurance claim is to consult a life insurance lawyer. This attorney will ensure that all the correct data gets added with the claim. Going forward, the lawyers will let the insurance companies know that they want a clear claims policy in place. The moment an insurance company is aware that you have a lawyer to guide you; they will stop delaying the claim because you didn’t add any unnecessary details.
Do you want to know how to stay away from claim delays? If yes, you can refer to the pointers listed below:
- Make sure that you are adding in precise data
Right from the start to the end, it is essential to add in only the correct data in your insurance claim. A missing or wrong data will lead to a delay.
- Make sure to have a beneficiary
It is essential to appoint a beneficiary and ensure that you name the correct beneficiaries. You must also make the necessary updates if there has been any significant life change.
- Make sure to pay all your premiums on time
It is a smart call not to let your policy lapse because of any non-payment issues. Ensure that you have made the necessary arrangements for another person to receive the relevant invoices so that the premiums are paid on time, even when you are not present.
- Add in all the essential documentation
Every insurance company has its process for a claim. The company will inform you about all the details that it requires before they start to pay the benefits. You need to ensure that all the details and correct get submitted in time.
The solution for the delay in life insurance claims
There are times when a delayed life insurance claim becomes a denied one. In such a situation, it’s pointless to follow up the life insurance company all by yourself. You need to know the correct legalities supporting this process. For this, it is essential that you get in touch with an ace life insurance lawyer who has the necessary expertise to address this issue and resolve it successfully, at the earliest.
Each lawyer has their way of working! There are expert life insurance lawyers who can make you receive a claim, from a claim that the insurance company denied before. Some ace lawyers proceed with the case at hand by meeting the claims representative of the life insurance company. The lawyer attempts to convince the representative to clear the payment in within two weeks. Just in case a claim gets denied, the lawyers will have to get down to serious work. They will have to submit a legal brief, that’s anything between 100 and 200 pages, to the company’s legal section directly. After this, both you and your lawyer will have to allow some time, preferably a month for the company to share their decision. Usually, this is the process that most lawyers follow. However, every case of a life insurance claim delay or denial has its challenges. Hence, the solution provided by the lawyers is case specific and subjective.
It is always a smart call to go ahead under the guidance of an expert lawyer! If you try to resolve this complex issue yourself, you might fall into more trouble. You can ask for recommendations from your friends and family for a life insurance lawyer. Close references prove useful most of the time. That aside, you can always research online and gather the names of the law firms and get connected.
Have peace of mind when facing traffic violation charges by appointing an attorney to fight your case
Traffic violations that attract traffic tickets are not civil lawsuits because such offense is a criminal offense and treated in a manner just like other criminal matters. So, if you are facing traffic ticket in Virginia, to wriggle out from the legal tangle in court you must appoint a Virginia speeding ticket attorney. Even if the attorney is from some other state, he or she must be familiar with the laws of the state because every state has its own traffic laws that are different from laws of other states. The reckless driving laws are among the harshest in the country which makes it more necessary to seek professional help from legal experts.
In Virginia, reckless driving is a Class I misdemeanor offense and the consequences can be quite serious if you are unable to represent your case in the court in a proper manner. Although the offense might appear to be minor, the fallout could be quite damaging because the punishments can range from a jail term to penalties and fines and can even result in suspension of your driving license. However, you should never take traffic ticket lightly and never pay for a reckless driving ticket unless you go through the court proceedings and get a chance to present your case. This has some benefits as discussed under.
Leave it to the experts
To fight your case in the court by yourself, you must have good knowledge about traffic laws that generally people do not have. The traffic laws are complicated, and when you are in trouble, it is not the time trying to learn the law, which even at other time is not easy. Since the lawyer is well conversant with traffic laws and traffic codes and has years of professional experience in handling judges, he or she can represent your case in a way that helps to avoid penalty or any punishment, provided there is no injury happening due to crossing the speed limit. They will understand the case and the circumstances of the incident, identify the legal loopholes and try their best to dilute the charges so that it does not amount to any penal offense.
Gathering information and evidence
Fighting a case in the court involves collecting lots of information and lining up evidence to build a favorable case and make light the charges. This something that only trained lawyers can handle. The lawyer knows about the resources to tap for gathering information and evidence that helps to build up the case in a favorable manner. The lawyer will then use his or her legal expertise to prove conclusively that although there might have been some violation, it does not amount to any serious offense that should attract major punishment. In such circumstances, there are high chances that you might escape with some light punishment and a reduced sentence.
Appointing a lawyer
Traffic violations are of many kinds, and the extent of punishment depends on the damages that have resulted from it or the damages to life and property that could happen from it. How to present the case in the court needs special legal acumen that only traffic lawyers possess because they only can interpret the situation and circumstances of traffic violation from a legal perspective. Criminal lawyers know the best ways of dealing even with the most critical cases so that they can provide relief to their clients which are also a way of building their reputation.
All lawyers are not the same, and you need to appoint someone who is best for you. To locate a competent lawyer to represent your case you can make a short list by browsing the internet and referring to reviews besides gathering references from dependable sources. Remember that appointing a lawyer is a critical decision in your life and you must do it very diligently because you cannot afford to make a mistake.
Look for experts in the field
Traffic violations might sound very simple but dealing it legally can be quite complex and challenging especially when interpreting the charges to build a favorable ground for making light of the serious charges. You must only choose lawyers who specialize in traffic laws because they would be most competent for handling the case. The legal processes for traffic violations can even lead to the seizure of driving license and loss of driving privileges which is the last thing that you want. The lawyer must be able to provide maximum relief by ensuring that you escape harsh punishment. For lawyers to perform at their best, they must have good knowledge about motor vehicle laws, traffic laws and everything related to it. Most importantly, the lawyer must be smart to identify the weaknesses in the case and take its advantage to influence the course of the judgment so that it brings relief to clients. The lawyer must have the ability to navigate clients to safe shores.
Court-appointed defense lawyer
Although criminal lawyers are costly, they only can bail you out from crisis even though it is not possible to assure it in advance. However, if you are not able to hire a criminal defense lawyer then also you can avail their services by going for a court-appointed defense lawyer. You can always approach the court to help you out with a criminal defense lawyer to make your legal representation in a traffic violation case. For court-appointed lawyers, you need not pay anything to the lawyer because the government pays for it. However, the court will only appoint a lawyer for you if you can adequately prove your financial inability to hire a layer.
Unless you are a first-time offender, or it is a routine traffic violation, you cannot do without help from defense lawyers who are champions in providing relief to their clients. Traffic violations can have long-term consequences because a criminal conviction stays on your personal record for 11 years.
If you are seeking dismissal of the case or escape with some light punishment, only a traffic lawyer can help to realize your goal.
Do You Need a Permit to Hold a Fundraiser
Registration of Charitable OrganizationsIn several states, these charitable organizations are required by law to possess a license before asking for any donations. These charitable organizations can apply for a license by availing all the details about the organization like its officers, the names of its directors, operating budget and its purpose to the state. Based on the laws of the specific state, there may be exceptions for charities under fundraising for schools, football programs, churches, a certain budget or any other specific organization type. States ordinarily do impose a fee for charity registration.
Licensing of Professional Fundraisers
|A professional fundraiser may be hired by a charitable organization to solicit funds. This professional may get involved in the provision of different services including making direct solicitations for donations, managing donations or planning events. Usually, a licensed professional fundraiser must possess a license granted by the state before getting paid to undertake these services for a charity. Just like the organization, a professional fundraiser is required to make an application to the state with registration fee and the personal information.|
ReportsIn many states, both the registered charities and the licensed professionals are required to file reports with the state on an annual basis. Usually, the report has to include financial information like the recently filed tax returns. Also, a professional fundraiser may be required by the state to reveal how much they collected for a particular charity and the income received from the organization as well.
PenaltiesIn the event that a charitable organization or a fundraising professional fails to register properly before money collection from the public, some penalties that include jail term or even fines may be imposed by the state. Some states base on the number of individuals contacted for donations to assess a penalty fee. The charity may even be ordered by the state to return any donations received. Additionally, if the state discovers that an organization or individual intended to defraud or deceive a charity or individual, longer imprisonment and bigger fines are more likely.
ConclusionSo, do you need a permit to hold a fundraiser? While the rules vary state-by-state, the short answer is yes. It is a requirement that the charitable organization has to be registered, and the professional fundraisers licensed for any solicitation of donations to begin. All these requirements need to be adhered to, or penalties may be imposed by the state.
Federal Laws on Moving
|If a mover is intending to move across states, then he must register with the US Department of Transportation. They should also register with the Federal Motor Carrier Safety Administration. The movers need to obtain a USDOT number, which is used to identify commercial vehicles so that records and regulations can be carried out. Businesses which operate across states also require federal operations numbers. The number gives the movers the authority to operate in the different states.|
State LawsThere are some states such as in New York, where they require the professional movers to have USDOT numbers even if they operate within the state. There are others states which can offer to license the moving companies directly. The requirements for the state licenses vary and they may require the owners to undergo some form of background check. Other requirements include carrying an insurance cover, passing an exam testing that contains the regulatory knowledge of the owners among other requirements.
Commercial Driver’s LicenseFor the drivers who drive large moving trucks, they should possess a commercial driver’s license. The licenses are issued by the state driver’s license bureaus. Some states leave the duty of offering out the driver’s licenses to motor vehicle departments. The drivers should complete both driving and a written exam. To prove that the drivers are medically fit to drive on the roads, they may be subjected to a vision test or even provide a doctors certificate to testify that they are medically fit to drive the commercial vehicles.
CertificationApart from business and vehicle operation licensing, the moving companies and the employees who operate them may earn professional certification which is availed through the American Moving and Storage Association. Employees can end up earning certification for duties they perform such as packers, loaders, salespeople, moving consultants among other officers who specialize in the industrial and the moving offices. The moving companies can end up earning certification if they qualify to become registered international movers. The certification will indicate the company’s experience in moving client’s belongings.
Bottom LineDo movers need a license? The movers need licenses in most cases. It will depend on the state in which you operate in. To confirm whether you need the licenses, it is necessary to check with your state moving regulations prior to actually moving.
How to Determine Customs DutyThe flat duty rates will be applicable for the dutiable articles not included in the personal exemption. For example, if you get $200 worth alcohol from Europe that includes two liters of liquor. Only one liter will be duty-free under the personal exemption. The other bottle will be dutiable at three percent and you need to pay extra if the Internal Revenue Tax is due.
|Some countries are more lenient on items entering the country than others. If you have an online business, for example, double check what countries you can ship to. For example, if you’re on online jeweler and sell necklaces internationally, you will need to ensure that you’re necklaces are okay to ship anywhere before offering international shipping.|
Paying Customs DutyWhen the duty is due, you need to pay it before the conclusion of CBP processing. You can choose any of the following ways to make the payment.
- U.S currency
- Personal check with the amount drawn from the US bank and payable to Border Protection and U.S. Customs
- Travel check, government check, or money order for the small amounts that do not exceed $50
Bottom LineNow you might have an idea about international customs duties and taxes. You should always inquire about the state regulations to avoid any complication. Lastly, check with countries customs laws you wish to ship to, to ensure your items can be imported with no setbacks.
The U.S Product Safety Commission issued rules and regulations in order to protect the lives of children. This is because there are many children who become trapped under the automatic garage doors. Therefore, these regulations were set in place for garage doors so that they can protect your children. Given that garage doors are usually the heaviest and largest part of a house, it also has various potential risks. The safety legislation and the garage door technology are associated with each other, and this article will go into detail about other regulations for garage doors.
Garage Door Regulations
The legislation is there in order to ensure the type of the garage doors. The type of the garage doors that you select will undergo many certifications and testing. The testing operation and garage door height adjustment will ensure that your garage door is safe and secured, and is able to be operated by average users.
|Safety is a crucial aspect for any sort of automatic system. Therefore, you should check the installation of your automated garage. The legislation will confirm that the garage door is safe for all users irrespective of children and average users. The installation should meet all kinds of safety requirements as well. The installer of the garage must ensure all safety measurements and requirements.The garage door should be passed with all certifications and safety requirements before it will be installed in one’s house.|
There are so many safety features that you should look after at the time of installation. You should also check the safety features in mechanism. Your garage door should prevent any sort of personal injury and any kinds of property damage.
This is a main thing that you should notice when it comes to safety features. This pressure sensitivity prevents the door from descending at the time it comes with the contact of any obstacles. This is generally achieved through a movement sensor. There may be an intelligent drive unit that can operate this.
A safety edge is another form of pressure sensitivity. A rubber strip with embedded sensor is fixed at the bottom of the door. If the garage door touches anything, the mechanism will prevent the upcoming damage and any kinds of injury.
Light curtaining is an innovative technology. The beams are interacted with the objects. At that time, the garage door will halt for some time. It prevents any harmful incidents.
Hold to Run the Door
This unique system requires pressing the button by the user. The button is at the side of the door. Users can operate the garage door by pressing this button.
The certification of the garage door has been issued for the benefits of users. It can easily avoid the deaths and other unnecessary harmful circumstances. So, the regulations for garage doors are very necessary in order ensure the safety associated with consumer products.