breach http://www.artwoo.com Returned search results for breach Copyright 2008 Thu, 04 Dec 2008 20:36:55 +0000 http://www.artwoo.com/rss/breach Real Estate Law: Damages For Breach Of Warranty Covenants By A Seller http://www.artwoo.com/article/real-estate-law-damages-for-breach-of-warranty-covenants-by-a-seller http://www.artwoo.com/article/real-estate-law-damages-for-breach-of-warranty-covenants-by-a-seller#comments Sun, 10 Jun 2007 13:29:51 +0000 breachcovenantgeneral warranty deedown real estateaccidentallyencumbrancesmortgage http://www.artwoo.com/article/real-estate-law-damages-for-breach-of-warranty-covenants-by-a-seller own real estate and sell it to a buyer under a , you can be liable to the buyer years later for some defect in the title that you didn't even know about at the time you sold him the real estate, and you could end up having to pay the buyer up to the amount that he originally paid for the real estate, or in some cases the value of the land if it is more than what the buyer actually paid. Here's how it could happen:

(1) If you the of Seisen or the covenant of the Right to Convey:

You can breach these by not having a freehold estate at the time you sold the real estate (you were only renting the property, for example), or by having a freehold estate that was illegal and didn't give you the right to sell it to anyone. You can't easily breach the first covenant , but it is possible to accidentally breach the second covenant. Damages will amount to the price the buyer paid for the property or whatever portion of it you failed to legally transfer to him. Some courts won't even require to transfer the property back to you when you pay him the purchase price.

(2) If you breach the Covenant Against

You can breach this one if there is a on the property, for example, at the time you sell him the property. It is, then, quite possible to breach this covenant accidentally because you breach it even if the mortgage was taken out by the guy who sold the property to you and even if you didn't know about it. Damages will amount to either the amount of money needed to remove the encumbrance (pay of the mortgage, for example), or the amount by which the market value of the real estate has been diminished on account of the encumbrance. In no case, though, will damages exceed the value of the land

(3) If you breach the Covenants of Warranty, Quiet Enjoyment, and/or Further Assurances

If your buyer ends up getting thrown off his property by someone who comes along with a superior claim to title to the real estate (you'd be surprised how easy it is for that to happen), you may have to pay the buyer back the amount he originally paid for the real estate (or a proportion of that if he's only been thrown off part of the property). "Real Estate Law in Plain English" is located at http://realpropertylaw.blogspot.com. See also http://realpropertylaw.blogspot.com/2007/05/warranty-deeds-six-covenants-th= at.html. ]]> The Importance Of A Vulnerability Management Program http://www.artwoo.com/article/the-importance-of-a-vulnerability-management-program http://www.artwoo.com/article/the-importance-of-a-vulnerability-management-program#comments Tue, 16 Oct 2007 13:20:01 +0000 breachsecurity checksmanagement programrisk management approachvulnerabilityregistration companyevent registration http://www.artwoo.com/article/the-importance-of-a-vulnerability-management-program breached; however, how high the chances are for that breach and how that breach is dealt with if it occurs can be controlled. So, before you choose just any system for your , make sure that you know the website has the most secure .

The intent of a vulnerability management program is to ensure that current security issues within the environment are identified, evaluated using a , and dealt with in a cost-effective and efficient manner. One of the best possible and most important components of a strong vulnerability management program is an independent daily audit for over 3,000 , which exceeds the highest government standards, including the FBI "Top 20 security vulnerabilities" test. Such checks along with secure and redundant web and data base servers allow the system both to run through problems on the main server and to resist any breach. Daily checks also ensure that the security of the system is up-to-date and continually resistant to any security issue.

So, why is it important to check into the security level of your online ? Because you are not just entering your information into their database =96 you are asking all of your registrants to enter their information as well, and most of them will not check the security level of your online registration company. They will trust you send them to a secure site, and you want to know that you deserve their trust. Don't ask your registrants to trust their personal and financial information to a site that you would not trust upon further investigation.

Consider the severe consequences of one or multiple of your registrants' identities being stolen. Such a breach would have devastating effects on the credibility of your company and your event. A secure event registration site is vital to the success of your events, so make it a priority when choosing your online registration software.

Some important credentials to look for in addition to independent daily audits for over 3,000 security checks and secure and redundant web and data base servers are a TRUSTe-approved and =96monitored privacy policy, a Thawte-verified 128 bit RSA encryption Secure Socket Layer, separate hourly, daily, weekly, and monthly backups that are archived for at least two years, and daily virus definition updates and real time virus scanning to ensure that no virus will compromise you registrants'' information. Most importantly, however, make sure that your event registration company is Level 1 PCI compliant so that your system is as secure as major banks and credit card companies.

With all of these security measures upheld, your registrants information should be as safe as possible from any breach, but if a breach occurs, the problem or virus will be identified and fixed as soon as possible on a highly monitored system.

Your registrants' information should be as secure as it would be in any bank so that you don't have to work about anything but planning a spectacular event. Ryan is a member of the marketing team for RegOnline, a producer of easy-to-use http://www.regonline.com/marketing/Products/online-event-registration-softw= are.aspx software, and a company dedicated to making event planners' lives easier. ]]> A Breach In Medicare Data http://www.artwoo.com/article/a-breach-in-medicare-data http://www.artwoo.com/article/a-breach-in-medicare-data#comments Wed, 25 Oct 2006 16:27:07 +0000 medicare servicesmedicare systemmedicaid agenciesdepartment of veteran affairsgovernment accountability officegaocomputer security system http://www.artwoo.com/article/a-breach-in-medicare-data computer security system that holds information of those enrolled in Medicare and Medicaid. The results have shown that personal information could be modified, misused, or even worse deleted. That disruption in information could lead to problems with Medicaid and . Although that breach in security is being fixed, there is still information out there that can be attained my any hacker because the system is used by most of the , private contractors and health care providers.

The however, is stating that maybe there was no breach in security since they cannot find an "audit trail" which would document the use of the computer network. If there was an "audit trail" then the could detect where the intrusion was. But the GAO did state there were some problems. Passwords can very easily be guessed by an outsider so there is potential for an unauthorized user to get access to the system because there is little or not much password control. The second problem is that Medicare information is not encrypted which means a hacker can view all medical information as is. Another major problem is that there is no system in place that keeps records of who uses the network or what they do.

Whether the GAO can find the breach or not, the fact that the information is not safe is scary and needs to be adjusted immediately. This now means that the information for millions of people is just floating around for anyone to see. That is a concern to those people on the because they trust the system to keep their personal information private and secure.

This is not the first time there has been a concern in the safety of computer systems. In May of 2006 a laptop was reported stolen from the home of an employee of the . The laptop had information about millions of veterans across the U.S. That included their social security numbers, dates of birth, name and home addresses. The network also documents financial and medical information which shows a veteran's diagnosis, services and payments.

If this information were to fall into the wrong hands an entire network of institutions could be effected. That means banks, insurance companies, hospitals, health plans, nursing homes, private contractors and federal agencies. It's time for a better and safer system of record keeping. "Your" Money Matters By Carl Hampton From the Author of "From Credit Despair To Credit Millionaire" http://www.CarlHampton.com http://www.fcdtcm.com ]]> Golf - Brief Overview http://www.artwoo.com/article/golf-brief-overview http://www.artwoo.com/article/golf-brief-overview#comments Wed, 06 Dec 2006 02:27:09 +0000 rules of the gamecricket footballmatchshare clubsstroke playroyal and ancient golfroyal and ancient golf club http://www.artwoo.com/article/golf-brief-overview
Like any other game, golf also has lot of rules to be followed in tournaments. By watching a tournament, one cannot understand the . To a certain extent, even a nonprofessional can understand the rules of games like cricket, football etc. However, it is not easy in golf. Let us see some of the rules of the game.

Neither the player nor the caddie can influence the position or movement of the ball or the teeing ground. For any breach of rules pertaining to this, the player incurs a penalty. In play for breach of rules, the penalty is loss of a hole as otherwise mentioned. If a competitor does not follow the rules and thereby affecting the rights of another player, will be disqualified. In , usually penalty for breach of rule is two strokes as other wise mentioned.

There are number of rules, which govern the players equipments like the clubs, balls etc. Golfer's clubs as a whole should conform to the standards stipulated by the Club of St.Andrews. Various rules govern the shaft, the grip, the club head, the clubface etc. Alterations cannot be made to any of the above. No modifications can be made which will influence the movement of the ball. Any breach of this can lead to disqualification.

A player can carry fourteen clubs in a tournament. In case, he starts the game with less number of clubs, he can add to it during the course of the play until the total becomes fourteen. Two players cannot , unless they are partners in the game.

Golf ball should also conform to specifications with regard to the size, weight, spherical symmetry, initial velocity etc.. If the ball is cut or cracked, it is declared unfit to play. A player can change his ball if he feels it is not fit to play; he can do so after announcing his intention to change the ball giving valid reason for the change. Each player's ball will bear an identification mark.

A person who records the scores of the competitors is a marker, appointed by the committee.

A player is entitled for only one caddie, and he is bound by the rules of the game. Any breach of rule by the caddie will result in the player-incurring penalty.

Any advice with regard to the nature of stroke or club to be used is not allowed from anybody else other than partners or caddie. Any consultation with regard to the hazards or position of hole or flagstick is not deemed as seeking advice. However, in a team game each team is permitted to appoint a captain or coach who can advice the players on the line of play. Any such appointment should be intimated to the committee before start of play.

After the initial stroke, the ball shall be played as it lies. Player cannot make any alterations either to the ball or to the playing area. In the course of the play if the player finds tree branches or any other immovable material obstructing his way, he cannot break the branches or move anything from his way.

There are rules governing every aspect of the game and any breach of the rules resulting in penalty either by way of losing holes or by way of adding strokes or being disqualified. Lanny Hintz writes about Golf promotion codes, GigaGolf.com promo codes and GolfOutlets USA coupon. http://www.golfgearonsale.com http://www.golfgearonsale.com/Coupons/GigaGolf.com.htmlhttp://www.golfgearonsale.com/Coupons/Golf%20Outlets.html ]]> Clinical Negligence Claims in the UK http://www.artwoo.com/article/clinical-negligence-claims-in-the-uk http://www.artwoo.com/article/clinical-negligence-claims-in-the-uk#comments Tue, 29 Jul 2008 21:15:20 +0000 medical negligence claimmedical negligence doctorspersonal injury specialistgeneral medical councilkeyhole surgeryclinical negligencenervous shock http://www.artwoo.com/article/clinical-negligence-claims-in-the-uk
Doctors, dentists, midwives, nurses, physiotherapists, psychologists and psychiatrists all have "duty of car" to ensure their patients receive the correct treatment in a proper ethical manner. If you or someone feels that they incurred an injury or suffered emotionally because one of these medical professionals not doing their job probably then you maybe able to make a against them or the organization they work for. Maybe the treatment you received went wrong in which case the treating doctor is required by his governing body the "" to inform the patient that the treatment went wrong. At the very least you are entitled to an explanation.

Injuries such as these can arise out of for example, cancer treatment, accident and emergency treatments, anesthetics, cardiothoracic surgery, cardiology, gastroenterology, oncology, , mental health, neurosurgery, obstetrics and gynecology, oncology, ophthalmology, orthopedics, pediatrics, plastic surgery, psychiatry, sterilization, urology, dentistry, vascular surgery and the list goes on. Also if you or a family member suffered brain damage or psychological injuries like or the worst scenario death these are fine examples of medical/.

It is not just patients of the NHS, those who were treated in private hospitals as private patients will also be able to claim for breach of contract if your medical treatment was substandard.

Claiming financial compensation for clinical or medical negligence can be quite a lengthy and complex matter. Because of which it is paramount that you enlist the help of a professional . If this puts you claiming it shouldn't. When someone claims for personal injuries (compensation) for a road traffic accident it is generally easy for your personal in jury lawyer to establish who was at fault and whether the injuries were due to that accident. If the accident wasn't your fault, and your injuries were obviously related to the accident (like whiplash), you will have a strong case. With claims against the medical profession the claimant will need to obtain medical records and get statements to prove that:

• That there were serious errors in your medical treatment which no competent doctor would have made
• The doctor or other healthcare professional owed a duty to take care of the claimant and not cause injury
• There was a breach of that duty to take care
• That breach of duty has caused harm to the claimant
• Damage or other losses have resulted from that harm

Claiming compensation for clinical/medical negligence is your civil and legal right. Without claiming you could be putting someone else at risk. Sadly it take unfortunate situations like a medical error of judgment to occur for people in the medical profession to wake up and make changes to their practice to ensure this type of malpractice doesn't happen again.Carolyn is the webmaster of Accident Consult, specialists in Medical Negligence Claims.]]> Is Your Business Up to Date With the Latest UK Competition Laws? http://www.artwoo.com/article/is-your-business-up-to-date-with-the-latest-uk-competition-laws http://www.artwoo.com/article/is-your-business-up-to-date-with-the-latest-uk-competition-laws#comments Wed, 29 Oct 2008 11:01:27 +0000 uk competition lawlibel actionbid rigginghorizontal price fixinggroup turnoverlaw compliancejail sentences http://www.artwoo.com/article/is-your-business-up-to-date-with-the-latest-uk-competition-laws UK competition law. Emails were seized in what the supermarkets claim is a "fishing expedition", crossing many products and sectors.

The raids follow a separate investigation into pricing arrangements for cigarettes sold in supermarkets and came the same week that the Competition Commission issued its report into the sector. However, the OFT in the same week also had to pay Morrisons £100,000 in a settlement of the company's against the OFT arising from an OFT press release suggesting Morrisons was guilty of competition law breaches (before that is proven) in the on-going investigation into milk pricing.

The OFT appears to be getting tougher. It issued a statement of objections - the equivalent of a writ/claim - against 112 construction companies recently for alleged cover pricing and compensation payments. Many of these companies have already admitted guilt and applied for leniency. Although some parts like the ban on price fixing and cartels are very easy to understand, not all businesses understand what information they can exchange with a supplier or rival about forthcoming price increases, pricing, discounting on retail prices and the like.

The supermarkets have complex arrangements and relationships with their suppliers and it is wise to take legal advice on competition law in relation to many of these practices. Bigger companies often have written competition programmes and training for staff and issue regular warnings to ensure all employees know what the rules allow. Breach of the rules can lead to fines of 10% of worldwide , restrictions in agreements are rendered void and third parties can sue for damages. In addition, negative publicity will result. Where there is or , are possible as is extradition to the US if there is a US element, where prison sentences of 10 years for breach of anti-trust legislation are common.

Investigations by the EU are also possible for breach of EU competition law. Recently, formal charges were sent to a group of multi-national companies allegedly involved in a conspiracy to fix prices of marine equipment supplied to the oil industry. This follows raids on the companies 12 months previously in a case which has led to investigations in the US and UK and the first charges for individuals involved for the criminal cartel offence under the UK 2002 Enterprise Act.

So no matter what industry you are in, as a business owner, you must be aware of the guidelines and laws you are trading under. As new rulings are made, it is important to seek advice to keep yourself up to date and maintain the operational safety of your business. If the "big fish" in the market place are being monitored and enduring the Office of Fair Trading prosecutions chances are you will be too.

This article is free to republish provided the authors resource box below remains intact.Ian Robinson is the managing partner of Law Firm Churchers - who are experienced in Company Law and have expert Hampshire based Personal Injury Solicitors as well as specialist Litigation Solicitors in Hampshire.]]> Bowling Lane Etiquette Is Important http://www.artwoo.com/article/bowling-lane-etiquette-is-important http://www.artwoo.com/article/bowling-lane-etiquette-is-important#comments Sun, 01 Jul 2007 04:15:01 +0000 bowling lanebowling alleystreet shoesproper shoesbreachbowlersslick surface http://www.artwoo.com/article/bowling-lane-etiquette-is-important bowling lane etiquette.

Bowling itself dates back thousands of years into the history of man. It is believed that bowling pre-dates written history. As the years marched forward, so did the game and along with it the rules of the road. From ancient man and the courts of English kings to local alleys in cities all over the world, etiquette has evolved into what players of today expect.

Learning how to behave on the lanes is as much an important part of the game as figuring out how to score correctly. There are some major dos and don'ts when it comes to bowling lane etiquette. They include:

Do's * Get the proper gear. It is considered a major of bowling lane etiquette to wear on the lanes. Make sure to have on the . Get rentals if you don't have your own. Street shoes can damage the lanes and disrupt the oil pattern on them (not to mention the fact many are not designed to handle the ).

* Observe right of way. This is perhaps the number one rule of bowling lane etiquette. The general rule of play is to allow the bowler to the right of your lane to go first if you both arrive at the same time. This helps ensure that concentration isn't interrupted by two people trying to bowl simultaneously.

* Use common courtesy. Bowling is a game that many people take very seriously. Keep common courtesy and politeness in the front of your mind.

Don'ts * Interrupt . It is considered a serious breach of bowling lane etiquette to talk to bowlers when they are trying to make a shot. Let the person who has the lane concentrate.

* Heckle. While it might be fun to pick on a friend who has bowled a bad frame, it is considered very rude to do so, especially in league play. Remember common courtesy and this bowling lane rule will make perfect sense.

* Cheat. This is a serious breach of bowling lane etiquette and something that just shouldn't be done. Keep the game clean and fun and let the pins and the score fall where they may. While it is nearly impossible to cheat with computerized scoring, some manual set ups still exist.

* Talk too loud or yell. Rowdy groups on the lanes can cause problems for everyone in the vicinity. Have fun, but try to keep the ruckus to a minimum.

Bowling is an ancient sport that has evolved through the years. From ancient man and stone objects to modern man and computerized scoring, the game might have changed a bit, but the basic rules of the road remain. The game is meant to be fun and it does carry with it a need for good sporting conduct. Get all the latest in bowling know how from the one and only true source at http://www.bowlingquestions.com

Be sure to check our our bowling lane page. ]]> How to Find a Lemon Law Lawyer When Threatened With Car Repossession http://www.artwoo.com/article/how-to-find-a-lemon-law-lawyer-when-threatened-with-car-repossession http://www.artwoo.com/article/how-to-find-a-lemon-law-lawyer-when-threatened-with-car-repossession#comments Fri, 21 Nov 2008 19:01:26 +0000 lemon law lawyercalifornia lemon lawlemon law attorneybreach of contractslemon law firmspecified time periodrepair attempts http://www.artwoo.com/article/how-to-find-a-lemon-law-lawyer-when-threatened-with-car-repossession
Don't be threatened by car repossession. Find a Lemon Law specialist. You may want to consider a who is able to help you win a substantial settlement for your lemon. A will always be ready and willing to help you out.

Lemon Laws are basically laws that provide protection to car owners. They are legislations passed by the 50 states to provide consumer protection against auto and other vehicle manufacturers for or warranties. These laws differ from one state to another.

If the vehicle you have bought failed to meet the manufacturer's quality standards and specifications, the said manufacturer is bound by law to repair the defects within a as stated in the warranty.

If the same problem persists after the repair, it will be construed as a breach of contract and the manufacturer is obliged to give you a refund, either partially or in full, or replace your car with one of the same value, depending on what state you live in.

The generally provides a reasonable (usually four) number of on a vehicle or usually about 30 days that the vehicle remains unusable because of serious defects before its owner is eligible for a refund or replacement. First consult a lemon law lawyer to see if your vehicle qualifies as a lemon.

It should not be too hard to find an excellent , known for their excellent customer care and service. Some have a success rate of nearly 100% of Lemon Laws cases they handle. There are lemon layers in every state and a simple search or inquiry with your state bar assosciation should put you in contact with some of the best.

Depending on your area, you can still avail of Lemon Laws protection even if you bought a used vehicle provided it is covered by its original warranty. This also applies for leased vehicles. Other types of vehicles like trucks, vans, sports utility vehicles (SUV's), recreational vehicles (RV's), motorcycles and even boats are usually under Lemon Laws protection, too, provided they are covered by original company warranty. Protection is restricted only to vehicles used for personal or household purposes. In many states, a Lemon Law also protects consumers against illegal odometer tampering, agent or company misrepresentation and breach of warranty.

If you think that you have been handed a lemon, here are some things to keep in mind before approaching a manufacturer for settlement:

Take your car (or other vehicles covered by Lemon Laws) to the dealer each time it needs repair! This is a necessary inconvenience and a lemon law lawyer uses this information to create a record of the minimum amount of repair or days out of service needed under law.

Ask for a repair receipt for each repair trip to a dealer. Keep your receipts and other information on file to provide lawyers with usable information. If your dealer refuses to issues receipts, your lawyer can send them a subpoena.



For your best interest and protection, your lawyer may advise you against discussing your case with anybody outside the law office.

It is wise to consult with an experienced lemon law lawyer before trading in a vehicle or speaking with a manufacturer to settle a claim.Thom Kretig has worked as a paralegal for six years. You are entitled to your money back so you have nothing to lose except your lemon. If you think you own a defective lemon contact the Law Offices of Delsack and Associates, a California Lemon Law attorney firm - today! You are also encouraged to check out our Lemon Law FAQ for answers to common questions.]]> Disclosures On Software Discounts http://www.artwoo.com/article/disclosures-on-software-discounts http://www.artwoo.com/article/disclosures-on-software-discounts#comments Mon, 30 Jul 2007 09:15:00 +0000 software discountshome computer systemdisclosurescomputer software programbreachconsumer protection actsystem crashes http://www.artwoo.com/article/disclosures-on-software-discounts home computer system, they will be exposed to many on throughout the store. These disclosures on software discounts might be identified by then manufacturers item description that states the program is discounted because the warranty has run out on the item.

When a consumer sees this type of disclosures on software discounts, they might not think that it is such a bargain. The software discounts might cost them more money in the near future because an upgrade is generally required to maintain the computer system warranty. Some disclosures on software discounts are required by Law under the .

Other retailers might offer disclosures on software discounts in the signs that are posted in resale shops, that state there is no guarantee on any type of computer software that is sold by their company. These software discounts look very attractive to the budget minded consumer.



When an item is sold "As Is", the consumer is simply buying a with no guarantee that it will work when they get it home. Many shoppers will inspect the package very thoroughly and read statements of disclosures on software discounts very carefully to make sure it will meet all of their expectations.



There may be stipulation included in these disclosures on software discounts that prohibit them from being loaded on more than one computer system for the life of the product or the computer system. If your computer , you must purchase another software program to replace it.

Some of the disclosures on software discounts might be made to make a consumer feel safe when buying computer software that might have a security access in the particular version you are considering to purchase. These disclosures identify specifically that hackers have found an access route that might allow them to break into your home computer system and cause malicious mischief.

Anti-virus software is one type of computer software that is vulnerable to this type of security breach. The disclosure on software discounts might offer you a great price, and a thorough explanation of the threat, but that does not mean that the computer program you want to purchase is safe to use if you want to use your computer at home to shop on the Internet, or indulge in some home banking investment strategies.

Some computer software requires full-disclosures on software discounts before a consumer can install the program on their computer system. This regulation is enforced by the Federal Trade Commission, and applies to all vendors that sell computer software packages. The consumer must report problems directly to the vendor who would be responsible for issuing a product recall.

This type of problem is typical in the automobile industry. Some purchase and install guidance systems that are filled with disclosures on software discounts that were included in the purchase price of the vehicle. Before the car leaves the lot, a consumer must acknowledge that they are aware that updates will routinely need to be purchased to keep their computer software module up-to-date. Daniel Smith writes about http://www.softwaredealsdiscounts.com/ ]]> Fort Lauderdale Attorneys Tell All: How To Win In A Medical Malpractice Case http://www.artwoo.com/article/fort-lauderdale-attorneys-tell-all-how-to-win-in-a-medical-malpractice-case http://www.artwoo.com/article/fort-lauderdale-attorneys-tell-all-how-to-win-in-a-medical-malpractice-case#comments Sat, 07 Jul 2007 09:25:01 +0000 medical malpractice casesmedical malpractice casemost frequently asked questionsbreach of dutynegligent actfort lauderdaleconcur http://www.artwoo.com/article/fort-lauderdale-attorneys-tell-all-how-to-win-in-a-medical-malpractice-case Fort Lauderdale Attorney about Medical Malpractice

Did he ever score a win? He smiled, with the knowing smile of Mona Lisa.

s have seen days in court and most of the victims have been rewarded relief, however no amount of financial reward can ever compensate for the loss of a future, atop an operating table. Joshua, 19, lost not just a limb, but a life-long career; Daniel, the chance to see his son's smile again.

Medical malpractice cases have gripped the headlines in the past years; most recently, a plaintiff who was a promising football player, went to see a surgeon for his chronic back pain. When he woke up he can no longer play, nor walk ever again. $11.7 million was huge payback, when an Atlanta Circuit Court Judge ruled in his favor, but to be confined in a wheelchair for life was never a happy bargain. Nevertheless, Joshua was thankful that he now has money to bankroll a future, whatever is left of it, for him.

How difficult it is to win, or lose in a medical malpractice case? A Fort Lauderdale Attorney, who has built an expertise on medical malpractice, came forth with some answers to most frequently-asked questions:

Q: What qualifies an act as a medical malpractice?

A: When a , which causes injury to a patient receiving medical care is caused by a medical professional, such as a doctor, nurse, therapist, hospital technician, hospital worker, dentist or by anybody else in similar category, there is medical malpractice.

For more details about medical malpractice, Fort Lauderdale Lawyers have the expertise.

Q: Is every negligent act committed by a medical practitioner, a medical malpractice?

A: For a negligent act to be considered a medical malpractice, three (3) requisites must : 1.) the medical professional has a duty to provide medical care to someone 2.) the negligent act caused the 3.) an injury directly resulted from such breach.

Fort Lauderdale Attorneys encourage those harmed by a medical malpractice to seek immediate legal intervention; filing of the case has specific time period, which varies from state to state.

Q: What is "standard care"?

A: "Standard care" is the yardstick used to determine if the negligent act committed by a medical professional is actionable or not. The negligent act should be established as a willful deviation from "standard care" that a prudent and reasonable medical professional would give to patients in his care, under similar circumstances.

Q: Define a "patient"?

A patient is one who receives medical attention, or under medical care.

Q: What is the first step that a plaintiff should undertake when filing legal action for medical malpractice?

A: Through his counsel, the plaintiff should file a "Certificate of Merit". This is a document, which describes that before a medical malpractice case is pursued in court by the plaintiff, all his relevant records and information about the case underwent close scrutiny and evaluation by a medical expert; when evidence purports merit to file an action in court, lawyer for the plaintiff should file first a "certificate of merit".

Florida Malpractice Lawyers explain that "Certificate of Merit" is a pre-requisite to filing a medical malpractice case in court.

Q: Is there a prescribed period for filing a medical malpractice case?

A: When in Florida, Florida Injury Lawyers take on medical malpractice cases with sense of urgency. More than the financial reward that they could win in favor of their client, they also believe that a speedy dispensation of justice, appease the tragedy that falls upon every victim of medical malpractice.

You should talk to your lawyer immediately, detailing to him relevant information regarding your association with the defendant before, during and after the incident. Specific periods for filing, varies from state to state.

Q: In a nose job, if the patient does not get the " perfect" nose she wanted, can it give rise to a medical malpractice case?

A: No. For a medical malpractice case to prosper in court, there should be a deviation or breach of duty to render standard care upon the patient, and such breach caused an injury to the patient. A less-than-perfect nose job does not merit an actionable negligent act.

Q: Doctors make their patients sign a "consent form" before they perform a clinical procedure. In the event of medical malpractice, does the consent form affect the outcome of the legal action?

A : No, it does not prevent the aggrieved party from seeking relief for damages, provided the requisites for a medical malpractice case are met.

Q: Is medical malpractice a "winnable" case?

Again, that knowing smile. Don't pay until you win your case. http://www.booneanddavis.com Florida Lawyers guaratnee offering for over 25 years. More http://www.networklawyers.net Florida Attorneys advice and tips for your case. ]]> Securing Your Home Against Burglaries Is Easier Then You Think http://www.artwoo.com/article/securing-your-home-against-burglaries-is-easier-then-you-think http://www.artwoo.com/article/securing-your-home-against-burglaries-is-easier-then-you-think#comments Sat, 26 Jan 2008 19:14:58 +0000 security camera systemssecurity camera systemhome security camera systemshome security camera systemblack and white cameralong periods of timeoutdoor cameras http://www.artwoo.com/article/securing-your-home-against-burglaries-is-easier-then-you-think long periods of time, the installation of a home can give peace of mind that the home will be protected while you are away.

The more popular that the systems have become over time has meant that there has been an ever increasing number available on the market. With the increase in choice comes the added problem of knowing which would best meet your demands and how much security do you need to protect your home and belongings. It is possible to pickup a system that has just one camera or you can buy ones that have up to sixty four cameras, you may be requiring just a system or full colour, night vision or infra red illuminators. The choice is out there and understanding all of the technical specification can be confusing, the best way to combat this is to do some research.

Think carefully about why you are looking to protect your property and what the aims are of having the system. If you are simply installing it to act as a deterrent for the small time burglar then one or two high profile could be enough to do what you want. However if you are requiring the system to protect the outside and inside of your home and the access points then you will be needing more cameras depending on the size of your property. The higher number of cameras that you attach to the system the more that you will need to spend in order to make the security effective. Remember that your security is only as good as the weakest point of the system; any loop holes can be attacked to breach the defenses.

When setting up your home planning is the key to overall success, think about what you want to achieve first of all, draw up some diagrams of your property including the garden and look into any weak points. Once you have decided on where you need to secure then you can start looking into the different camera systems that are available and the features that can be found on them. It is possible to buy good quality cameras at very good prices today and there are many different types that can be found with lots of different features including night vision, outdoor, hidden, infra red, pan zoom functions, tilt, vandal proof, dome cameras and more. The more advanced camera systems will even text you if there is a potential security breach or you can view the camera output on your mobile phone. Steve Strong's is an employee with Sun Security which is an innovative and growth oriented company who uses a fresh and new approach to meet the security needs of millions of consumers throughout North America. Visit us at: http://www.sunsecurity.com ]]> The Incredible Legal Liability Of Real Estate Brokers http://www.artwoo.com/article/the-incredible-legal-liability-of-real-estate-brokers http://www.artwoo.com/article/the-incredible-legal-liability-of-real-estate-brokers#comments Fri, 15 Jun 2007 01:34:52 +0000 real estate brokertort liabilitybest effortsready willing and ablecritical differencenegligencebreach http://www.artwoo.com/article/the-incredible-legal-liability-of-real-estate-brokers real estate broker is that your chances of getting sued are quite high, due to the various forms of legal liability to which you will be exposed. Among these are:

(1) Contract Liability

The listing agreement between a real estate broker and a seller of real estate typically requires the broker to exercise her "" to find a "ready, willing and able" buyer for the seller. However, the term "best efforts" is notoriously ambiguous, and if the seller believes that a busy broker has not actually exercised her "best efforts" to locate a suitable buyer, she may be looking at a lawsuit seeking damages for the delay in selling the real estate that is attributable to her failure to exercise her best efforts. Even if she wins the lawsuit she may end up having to pay legal fees, and the time and worry investment alone could distract her from using her "best efforts" on deals with other clients.

(2) Licensing Regulations

As is the case with attorneys, real estate brokers are subject to certain professional standards of conduct, of which could subject the broker to liability. Many of these standards are imposed by statute (instead of rules made by, say, a real estate broker's association) and thus have the force of law. The between an association rule and a public statute is that if you violate a private rule you are often liable only to have your licensed revoked, while if you violate a statute you can be sued for damages suffered by a seller. Of course most of these standards are common sense obligations such as honesty, fair dealing, etc.

(3) : and Fraud

Anyone can be held liable for negligence in just about anything they do that involves a risk =96 for example, if you drive carelessly and cause an accident you could be sued for committing a "tort". But the critical difference in tort liability between laypersons and professionals is the "standard of care". As an ordinary driver you will be held to an ordinary (not perfect) standard of care, breach of which will subject you to liability for any damages caused by your carelessness. But real estate brokers are held to a particularly high standard of care (ordinary care is not enough) when it comes to their professional activities, and can be sued for malpractice if they fail to meet this standard.

Real estate agents can also be held liable under agency principles, but that is beyond the scope of this article.

DISCLAIMER: The foregoing is intended for reference purposes only and not as legal advice. "Real Estate Law in Plain English" is located at http://realpropertylaw.blogspot.com. See also http://realpropertylaw.blogspot.com/2007/05/real-estate-brokers-listing-agr= eements.html. ]]> Austin Texas Network Security is Tighter Than a Biscuit http://www.artwoo.com/article/austin-texas-network-security-is-tighter-than-a-biscuit http://www.artwoo.com/article/austin-texas-network-security-is-tighter-than-a-biscuit#comments Wed, 26 Nov 2008 04:44:12 +0000 computer network securityspeed internet connectionshigh speed internet connectionscyber crimessecurity breachlocal area networksetting up a network http://www.artwoo.com/article/austin-texas-network-security-is-tighter-than-a-biscuit setting up a network at home or at the office. An unsecured network will result in loss of information and data. Network Security in Austin Texas plays a very important role to the people of Texas as their computers may be given a potential threat from the internet.

More over are increasing tremendously these days which is to be considered as a matter of great importance. Austin Texas Network Security should be strengthened by all the computer users of Texas so that they can be safe about their data and information.

Most people in Texas do not still know what network security is and the dangers that can be caused by the . Any one can get into the computer of an unsecured or unprotected network and can use the data or information that is available in the system.

If the Austin Texas Network Security is too weak then hackers can easily modify the data or even destroy the data present in the computer. Network Security in Austin Texas depends on the protection and the security of the network in which the computer is connected to.

Network security is basically not about updating programs in the system and rather it is removing the malware, spyware and other intruding programs that damage the capability of the system. Network Security in Austin Texas should be made available to all the people in the city and everyone should be aware of the potential dangers of an unsecured network.

Austin Texas Network Security comes into a role where the people of the city are working with an always on internet connection where the chances of getting a security breach are high. With high coming to reality people should be very much aware of the network security.

Every person in the city of Texas who has a system and which is connected to a network which can be a or a wide area network should be very careful about his network.

Austin Texas Network Security is used by the people only when their system is affected by a virus program or there has been a loss of data in their system.

Most companies forget the danger of an unsecured network which can result in a great loss to the company as the company secrets and their information can go destroyed without Network security in Austin Texas.

If one system is affected by a virus which is connected to an unsecured network every person in that network has the chance of getting that virus very easily if Austin Texas Network Security not proper.

A malicious code can cause the whole system to crash without the knowledge of the user of the system if the Network security in Austin Texas is weak.

The damage is very strong that even a bank's network or an airline or any company in the city can be completely shut down due to poor Austin Texas Network Security. The damages due to these are increasing every year and so the people should be careful about their computers and make sure it is secured while it is connected to a network.Ray Clark is the co-founder of Lan-Comm Technologies a San Antonio, Texas based voice, data, wireless, video and security technology company. Rated as one of the top Texas Network Security firms based on their great service, experience and inexpensive prices.]]> What is Giving Birth Really Like? http://www.artwoo.com/article/what-is-giving-birth-really-like http://www.artwoo.com/article/what-is-giving-birth-really-like#comments Tue, 05 Aug 2008 13:09:17 +0000 impending birthnormal birthgreatest joynatural birthcaesarean sectionexpecting a babyintense pain http://www.artwoo.com/article/what-is-giving-birth-really-like expecting a baby in the next weeks? If so then you probably have lots of anxiety and worries regarding the . But try not to worry too much. Women have babies every day all over the world with some women have more than 2 or 3. So giving birth can't be that bad if women are willing to go through it time and time again.

Some women sail through pregnancy without any problems and look and feel blooming marvellous. Other women struggle with just about every stage of pregnancy and hate the whole process. I believe a lot has to do with your frame of mind at the time. If you are happy and content with plenty of support then you should sail through your pregnancy. Obviously there are those who will struggle with morning sickness and back pain but overall it is a small price to pay for what you get at the end of it. Having a baby is the that life bestows upon us humans.

Let me guess, you want to know about labor and the birth? Well I won't mince my words, yes it does hurt and it hurts like nothing you could ever imagine. I have had two children; the first was by and the other naturally. Many women are under the illusion that having a c-section is easier and less painful, well they are wrong. I would opt for a any time. However my c-section was an emergency one because my son was breach. At that time (early 90's) they preferred you have try to have a and you certainly couldn't opt for a c-section. I remember coming round from the operation with which I thought at the time was another contraction. As I opened my eyes and looked around I could see my baby in an incubator sleeping soundly next to me.

This pain was the after pain from the operation and it was just as bad as the contractions only it didn't get worse but just stayed the same. Once I was given pain relief the pain numbed a bit but it was still quite intense. Then there is the getting about. It is very painful to walk around, and coughing or sneezing was very painful. In comparison when I gave birth naturally to my second son the whole experience was a lot more relaxed. I had just one midwife compared to the 10's of doctors and nurses who attending my breach birth. As soon as the baby was born the pain stopped immediately. There was no after pain except a slight stinging when going to the toilet. I was up and about the same day and felt completely fine, a much nicer experience on the whole. Also this may sound strange, but when you're at the stage when the baby's head moves into the vaginal opening and you are told to push as hard as you can, the actual pain you feel is pleasurable. Yes I said it, pleasurable. It is like scratching a really itchy itch or the feeling you get when pushing out a big poo! But even that doesn't quite describe it. But it is really is pleasurable rather than painful. Then its over, the baby is out and all pain ceases.

These days you can opt for a c-section which I think is wrong. Have a caesarean is a major operation and should only be used when necessary. Women have been giving birth naturally since the beginning of time as this is how we are built. Luckily these days there are many different forms of pain killers, some more effective than others. Gas and oxygen (entonox) is inhaled through a mask or mouth piece. This doesn't remove all the pain but it can make it more bearable. Unless you can predict when the next contraction comes it really is useless.

When a contraction comes you breathe in the gas, then a few seconds or minutes later the effect takes place, which is normally when the contraction has passed. Also it just makes you feel "out of it" in your head, whereas the pain is down below! A much better form of pain relief is Pethidine. Pethidine is injected and can last for up to 4 hours. It is a type of relaxant and doesn't really lessen the pain but just makes you relax which does help with the pain to some extent. The best form of pain relief is an epidural anaesthesia which is a special type of local anaesthetic which numbs the nerves which carry the feelings of pain from the birth canal to the brain. An epidural is normally given by an anaesthetist and is injected into the space between the bones in your spine through a thin tube. It takes around 20 minutes from the moment the anaesthetic is injected for it to work. You can then get it topped up whenever necessary as a thin tube is left in place.

Having had all of these pains relieves myself I can vouch that the best is Pethidine and Epidurals.

Because my first child was born via an emergency s-section due to the baby being in breach position, I was advised to have an epidural for my second birth in case I had trouble and needed another c-section. Once you have an epidural set up it is very easy to pump a lot of anaesthetic into your body in preparation for a c-section.

Having a baby is painful, very painful, but easily forgotten. Giving birth is definitely the best experience you will ever have in your life. Once they are born the joy you get from watching them grow mature is like nothing you will ever experience again. Being a parent is one of the hardest jobs in the world but definitely the most fulfilling.Carolyn is the webmaster for Pregnancy Informer, an online resource for Pregnancy Advice.]]> Is Your Bank Overcharging You For Your Overdraft? http://www.artwoo.com/article/is-your-bank-overcharging-you-for-your-overdraft http://www.artwoo.com/article/is-your-bank-overcharging-you-for-your-overdraft#comments Sun, 17 Sep 2006 14:27:15 +0000 overdraft feesbankscredit cardschargesbbcinterest ratesconsumers http://www.artwoo.com/article/is-your-bank-overcharging-you-for-your-overdraft overdraft fees. These are three words that worry every bank customer. An unauthorised overdraft fee is the fee charged by a bank when customers go over their overdraft limit.

These fees can be very steep, with some charging high premiums for customers who exceed an agreed overdraft limit by as little as a few pence. A recent consumer report suggests that bank customers paid more than £4 billion pounds in unauthorised overdraft fees in 2004.

Scale Of Overdraft Fees

The have reported that the seven major banks charge unauthorised overdraft fees of £25 to £38 pounds. on the unauthorised amount can also be high. While some banks charge under 8% interest, others have interest rates that hover around the 30% level.

The banking industry has been slated for this practice by customers who feel they have been treated unfairly. The Office For Fair Trading has also criticised banks for overcharging customers for unauthorised overdrafts. Late payment fees for have also been criticised. The OFT suggests that late payment fees for credit cards should be no more than £12 and should only cover the administration fee.

Getting A Refund

who feel they have been overcharged by their banks may be able to receive a refund if they go through a time consuming process.

First of all, consumers can use the Data Protection Act to request details of all on their account over the past six years. Next, they need to inform the bank that they intend to sue in County Court to get this money refunded.

Are Unauthorised Overdraft Fees Legal?

There is some question as to the legality of unauthorised overdraft charges. Penalty clauses (such as unauthorised overdraft charges) are illegal under breach of contract law. However, banks do have the right to claim damages from customers who breach their contract with the bank. To avoid going to court every time, most banks write these charges into the contract. They are then able to raise those charges at regular intervals.

The banks see the unauthorised overdraft fee as a fee for services rather than a penalty. This could alter the legal position.

In many cases, it is the people who can least afford it who suffer these overdraft charges. This can become a cycle, with some people having to pay unauthorised overdraft fees month after month.

Help With Your Banking Rights

Consumers who want to find out more about their banking rights should check information from the Bank Action Group, a self-help organisation for banking customers. This organisation can guide consumers through the lengthy process of recovering unauthorised overdraft fees from their bank.

Many organisations say that the banks should make it easier for consumers to see what charges might be applied to their bank accounts. Until they do, consumers should read the fine print as the terms and conditions of each bank account contain information about charge that might apply. Finally, when banks send variations of terms, it is useful to read these to see what new conditions might apply. Joe Kenny writes for the UK personal finance sites http://www.ukpersonalloanstore.co.uk and also http://www.cardguide.co.uk ]]> Mastercard: Can Anyone Get One? http://www.artwoo.com/article/mastercard-can-anyone-get-one http://www.artwoo.com/article/mastercard-can-anyone-get-one#comments Fri, 18 Aug 2006 14:27:33 +0000 credit cardsmastercard cardholderscredit fraudinconveniencespaper moneypersonal accountsinfiltrators http://www.artwoo.com/article/mastercard-can-anyone-get-one paper money'. Later, banks went to checking and then quickly into the newest mode of finances that has become a way of life: credit. Credit companies such as MasterCard have changed the way companies and individuals do business. With , there are none of the problems, and risks associated with using cash in transactions. Credit cards are easy and effective, and this is why so many Americans do most of their shopping with them. MasterCard and the other large merchandisers of credit cards have become powerful and also responsible, and now the limits of their responsibility are being tested.

In past months, hackers have been finding ways to compromise financial information using information technology. Somehow, online 'crept' into a database and discovered the personal information of as many as 13 million . Other attacks have threatened other credit companies as well. MasterCard has claimed that CardSystems, a third-party merchandiser, is responsible for not having guarded the information that was compromised. The database of CardSystems was where the breach occurred.

In answer to consumer concerns, MasterCard has mentioned the ways that cardholders are not liable for problems arising from the event. Cardholders should promptly report any instances of on their as always. The credit companies generally do not hold cardholders accountable for bad charges if they ae notified in time to stop payment or deal with the problem.

Now MasterCard has come out with a number of products that aim to cut down on credit fraud, idenitity theft, and all of the things that consumers are worried about because of the ways that credit cards and credit information have become vulnerable. One such product is Securecode, which deals with the way that credit works over the internet. Using products like SecureCode, a pc user can guard against the common types of theft that happen online.

Many hackers take credit card numbers from the net using 'infiltration' technology that goes through an open connection. Wireless systems are particularly vulnerable, although the process of encryption means that the numbers themselves would probably not be directly accessible. In any case, working with merchandisers and also using typical internet tools like firewalls and anti-virus programs means that conumers can decrease the chances of direct theft online. Someday, househols might be able to do online commerce without the fear of an accidental security breach. Until then, caution and discretion are key, and a frequent check of the card's status also helps.

Despite problems, companies like MasterCard continue to evolve and work with their customers to ensure that the credit system will continue to play its vital role. With consumer confidence, the familiar MasterCard name will be with us for many years to come. Robert Michael is a writer for Mastercard TV which is an excellent place to find mastercard links, resources and articles. For more information go to: http://www.mastercardtv.com ]]> Building Construction - Effect Of Lewis V. Threadwell (vcat 2004) http://www.artwoo.com/article/building-construction-effect-of-lewis-v-threadwell-vcat-2004 http://www.artwoo.com/article/building-construction-effect-of-lewis-v-threadwell-vcat-2004#comments Mon, 19 Mar 2007 21:00:02 +0000 vcatbuilding surveyoramprespondentcontractual responsibilitycontractual obligationslock up stage http://www.artwoo.com/article/building-construction-effect-of-lewis-v-threadwell-vcat-2004 amp; Associates for a building permit in 1997. The Applicant engaged the First , Threadwell, as builder to construct the two units in 1997. The building permit was issued in 1997. Also in that year, the three mandatory inspections were performed by the Fourth Respondent (Miller) as a delegate of Newey andamp; Associates. The building reached lock-up stage. Problems then resulted in the Applicant determining Threadwell's building contract. An occupancy certificate was issued by Newey andamp; Associates in September 1997.

The Applicant sued the builder at in 2002 for a large number of building defects in the two units. The case was heard in early 2004. Prior to the case commencing at VCAT, the Applicant settled with the builder, Threadwell.

A lengthy and careful judgment was handed down by Senior Member Robert W. Davis. This decision is an interesting and complete examination of the statutory and common law duties of care owed by s and inspectors in the context of domestic building disputes.

VCAT examined first the allegations against the building surveyor/inspector in contract. VCAT rejected a contention by the Applicant/owner that in the absence of an express contractual condition, the normal contractual standard of care implied from the appointment of a building surveyor/inspector exceeded a requirement that services would be rendered with due care and skill. Wider (more suitable for actions for breaches of a trade practices duty of care or a sale of goods action) that services would be fit for the purposes for which they were being brought, or would be reasonably fit for a particular purpose, or would be such as might be expected to achieve their desired result, did not form part of the owed by Newey andamp; Associates or by Miller in this case.

These wider duties could only form part of the surveying contract by express written inclusion.

VCAT also rejected an allegation that the building surveyor/inspector had engaged in misleading and deceptive conduct. Senior Member David drew a distinction between a contractual promise which subsequently is breached or shown to be false on the one hand with a contractual promise which was demonstrably false from the very moment it was made on the other hand. Only if a building owner could establish the latter could the surveyor or inspector be sued in misrepresentation.

VCAT did conclude that the building owners could sue the surveyor/inspector for negligence at common law. VCAT relied upon Taitapanui in deciding that the duty of care owed by a building surveyor/inspector is to exercise professional skills in examining plans and specifications and in carrying out inspections to ensure that the building work for which they have been appointed as the building surveyor/inspector is in conformity with the requirements of relevant legislation. However, Senior Member Davis seemed to restrict the ambit of the duty of care or responsibility of a surveyor in negligence to a duty to act in conformity with the requirements of the Act and Regulations. That is his/her sole function. Senior Member Davis specifically doubted whether a surveyor or inspector could be held liable in negligence in relation to design, supervision, or workmanship except insofar as those issues relate to the Act and Regulations. That is of course an important qualification.

VCAT also considered whether or not the Applicant could establish a private right to sue for damages (in this case for pure economic loss) if the surveyors or inspectors were in breach of a statutory duty. Senior Member Davis seemed to indicate that such a cause of action was available but not in the circumstances of this case. The Member would have required for three steps to be established:

- The property built does not comply substantially or fully with the plans;

- The failure is one of compliance with the Building Act or Building Regulations;

- It was reasonable for the building surveyor or the inspector to have picked up the failure at an inspection or mandatory stage.

VCAT next considered the question of the standard of care required by the surveyor/inspector in complying with the various contractual or common law duties of care. Interestingly, Senior Member Davis relied upon a Court of Appeal of the Supreme Court of Victoria decision in Linsley v. Petrie (1998) where the Court of Appeal decided that the standard of care required of a surveyor where there has been personal injury is higher than the standard of care required where there has only been pure economic loss. In other words, if the surveyor's breach of duty has led to personal injury as opposed to pure economic loss, a Court is more likely to find the surveyor in breach having regard to the applicable standard of care.

VCAT spent considerable time analyzing each of the alleged instances of breach of duty complained of by Lewis against Newey andamp; Associates and Miller. Each one of the allegations failed. Senior Member Davis was at pains to point out that surveyors and inspectors cannot be held responsible for defects that could not have been readily apparent at the time of the inspection or which occurred after the inspection had taken place. Likewise, if building standards subsequently, after inspections have been carried out, classify various building materials as not being suitable for certain types of construction, applicants will not be able to retrospectively allege breach of duty for inspections which pass those building materials. Otherwise, building inspectors would be forever having to issue retrospective demolition notices requiring substantial rebuilding of construction which was considered appropriate at the time.

As already explained, VCAT was not impressed by a defence by the surveyor/inspector based upon an immunity when issuing the Form 14 Occupancy Certificate. The defence was based upon the certificate issued by Miller (building inspector) to Newey andamp; Associates (building surveyor). Senior Member Davis was critical of the form of the certificate which he found to lack sufficient detail and notices as required by the legislation. However, Senior Member Davis noted that the immunity defence was of little real use. The failure to have a properly completed Form 14 did not create a right of action in itself by a building owner against a building surveyor or against a building inspector. The owner must establish traditional negligence or breach of contract. Michael Pickering is a solicitor employed at LAC Lawyers Melbourne http://www.laclawyers.com.au. He has nearly 20 years experience as a lawyer. ]]> 3 Keys To Securing Your Web Site http://www.artwoo.com/article/3-keys-to-securing-your-web-site http://www.artwoo.com/article/3-keys-to-securing-your-web-site#comments Sat, 24 Feb 2007 06:27:03 +0000 web site securitydigital certificateshackercontact numbersdigital certificatebusiness onlineconstantly http://www.artwoo.com/article/3-keys-to-securing-your-web-site business online for some length of time know all the trouble one can cause. Once a hacker gains access to a Web site they can do a devastating amount of damage to an established business. It is for this reason that most online businesses hire a team of specialists to make sure this never happens. Whether it's people who just accidentally entered a forbidden part of a Web site or those who hack into a system deliberately, the goal is to prevent it before it happens. Here are three steps you can take.

Use s

Any Web site that does business online should use digital certificates. This helps to protect sensitive data when passed using a form. This could include anything from person's social security number, credit card information, to his or her address and . It is important for Web site owners to be able to assure their clients that their Web site is secure. A digital certificate goes a long way towards allowing clients to trust a business is legitimate and entrust sensitive information to it.

It is, however, important to be careful when buying a digital certificate. It is vital to not obtain one that is outdated or which has been sabotaged by a hacker.

Keep Security Regularly Updated

Some of the most important security procedures include methods to make sure a Web site's forbidden pages are inaccessible to anyone who lacks authority to view them. This includes tracking that person's IP and recording it. This will help protect Web site owners from people trying to illegally access, download, or alter the Web site's files. As a last resort it will also help authorities track down where an offender lives and, if necessary, whom to charge with a crime.

As criminals devise new ways to circumvent modern security, security procedures are constantly being updated to ensure that the latest version includes protection against these new security threats and risks. It is the Web site owner's duty to make sure that the security is up-to-date. This makes the correction of such problems, if they arise, easier.

A Web site owner should also regularly change the Web site's administrator password, observing all the common sense rules regarding password creation. Although many do not take this step, simply taking precaution can help prevent a costly breach from occurring.

Monitor Online Activities

It is absolutely vital for a Web site owner to monitor all of their online activities. Many Web site owners have unwittingly caught a computer virus by downloading something or clicking on a Web URL link while browsing the Internet. These kinds of mistakes are common and can be avoided by simply taking reasonable measures to provide security for their computers.

Email from unknown people should be treated suspiciously, particularly if an attachment is included. Often these attachments have a Trojan, virus, or other malicious software packaged inside them that will burst free when the attachment is downloaded. Although most new computer security products are aware of these viruses, a brand-new virus can remain undetected until it is discovered by security professionals who then update their protective software to counter the new threat.

For the owner of a Web site, every virus and illegal access that is prevented on their personal computer represents a lot of money saved. Perhaps more than most anyone else, Web site owners get their money's worth when buying security products. A Web site owner can lose their Web site and all their earnings from a single breach by a single hacker, even if that breach is on their home PC if that computer has been used to access restricted areas of their Web site. The peace of mind a few security software purchases can bring are more than worth the cost in dollars. Remember the old adage: penny wise and pound foolish? This can apply to managing a site in today's increasingly fraught environment. Are you being pound foolish? Daniel Davis contributes to several Internet magazines, including http://zylep.com , http://bekad.com , and http://www.drivers.biz ]]> Intellectual Property Agreement http://www.artwoo.com/article/intellectual-property-agreement http://www.artwoo.com/article/intellectual-property-agreement#comments Sat, 13 Sep 2008 20:29:19 +0000 intellectual property transferintellectual property agreementip licensemoral rightsassignorassignment agreementintellectual property rights http://www.artwoo.com/article/intellectual-property-agreement Intellectual Property Agreement ("IP Agreement"), also called an Agreement or Intellectual Property , consummates and formalizes an agreement between two companies for the purchase and sale of . The Intellectual Property being purchased can consist of copyrights, trademarks, , and/or patents. (Moral rights are recognized in Europe, but not the United States. Thus, a transfer of moral rights would only be applicable in an international agreement.) As opposed to an Agreement, the purchaser or assignee in an IP Transfer Agreement takes total and exclusive ownership and control of the IP rights, and is free to use those rights however he or she wishes.

When drafting an IP Agreement, be sure to consider including the following provisions:

1. Assignment and Waiver of Moral Rights. Moral rights, recognized in Europe but not the U.S., involve general rights in respect to the intellectual property. In this provisions, the must irrevocably and in perpetuity waive, in favor of Assignee, all moral rights in and to the transferred intellectual property, including the following:

* a. The right to restrain or claim damages for any distortion, mutilation, or other modification of the transferred IP;
* b. The right to be associate with the transferred IP; and
* c. The right to restrain use or reproduction of the transferred IP
* d. This waiver shall be binding upon the heirs, executors, employees, directors and all successors involved in the creation of the IP.

2. Representations and Warranties. It is important to include a representations and warranties paragraph in the agreement where the assignor promises that it has the full authority to assign the transferred intellectual property, free and clear of any material encumbrances, liens, or claims against the property. The assignor must also promise that it has the full authority to waive all moral rights.

3. Non-disclosure. The assignor should promise, for itself, its officers, directors, shareholders, etc., that it agrees that, except with the assignee's express prior written consent, that it will not disseminate, disclose, or use, or permit to be used, any of the transferred intellectual property, since upon execution of the agreement the IP is property of the assignee.

4. Damages Inadequate. The assignee may want to include a provision whereby the assignee must concede that damages at law by itself may not be an adequate remedy for a breach of the agreement. In the event of a breach, the assignee's rights may be enforceable by specific performance, injunction, or other equitable remedy, as opposed to remedies at law.

5. Assignment of the Agreement. The assignee may wish to require their prior written consent before the assignor is allowed to assign the agreement to a third party.

6. Governing Law. The parties should agree which state will govern the agreement, and if they desire, could include a binding arbitration provision in an effort to seek a speedy resolution to any dispute.

These are the key provisions that must be included in an Intellectual Property Agreement. To read and download actual IP agreements, please visit the agreement section of this website.Mark Warner is an Intellectual Property Agreement Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at Http://www.realdealdocs.com.]]> Tj Maxx's Theft Among The Largest Hack-jobs Ever http://www.artwoo.com/article/tj-maxxs-theft-among-the-largest-hack-jobs-ever http://www.artwoo.com/article/tj-maxxs-theft-among-the-largest-hack-jobs-ever#comments Sat, 28 Jul 2007 17:19:59 +0000 tj maxx storesgift cardsdebit cardscredit cardsmassachusetts bankers associationtjxwal mart http://www.artwoo.com/article/tj-maxxs-theft-among-the-largest-hack-jobs-ever debit cards at TJ Maxx and Marshalls have had their card details stolen from hackers, over a period of 4 or more years. This is believed to be the largest breach of consumer information in history.

The theft was disclosed about two months ago, and the parent company of TJ Maxx and Marshalls (owners of over 2,500 discount stores) have released that figure of 45 million cards being compromised- and has even acknowledged the number could get even higher.

The disclosures made March 28th in a regulatory filing reveal that there were security holes that are common among many organizations that are trusted with private consumer data, such as credit card information. failed to delete data from customer transactions promptly, and failed to guard secrets regarding how the data is protected with encryption.

In details provided by Deepak Taneja, a chief executive of a firm called Aveska, that advices companies about issues pertaining to information security, it was determine that TJX records did not indicate when information was deleted or who had access to what portions of information. There was also some question as to whether or not the information kept in these files was encrypted- so it's hard to predict how large of an issue this case really is.

While it may not be known to the extent of damages this case will result in, it has reached as far as Sweden and Hong Kong, with banks reissuing to customers in the US as well as various other countries. The is tracking the fraud reports that are linked to the parent company of across both North America and the United Kingdom.

As of now, the only arrests that have resulted from this case involve 10 people in Northern Florida who are suspected to have purchased customer data from TJX hackers in order to purchase Wal-Mart . The gift cards were used to buy $1 million in merchandise, including jewelry and electronics at Wal-Mart's Sam's Club stores, as reported by the Gainesville, Florida police.

TJX claims that about three-quarters of the 45 million plus stolen cards had expired when they were stolen, or if not expired- then the stolen information did not contain the security code data from the magnetic stripes on the backs of the credit cards. After the incident, TJX began encrypting the security code data by storing them as asterisks in the computer's database rather than numbers, start in September of 2003.

TJX also claims that approximately 455,000 additional customers had data stolen as a result of the customers returning merchandise without receipts, and include the customer's driver's license numbers. Before the TJX security breach case, the largest case tracked by the Privacy Rights Clearinghouse was through credit card processor, CardSystems in June of 2005- with over 40 million cardholders coming into attack. The TJX case is currently effecting about 46 million consumers. This article has been provided courtesy of Creditor Web, http://www.creditorweb.com . ]]>