http://www.artwoo.com Returned search results for jurisdiction Copyright 2008 Tue, 02 Dec 2008 03:12:06 +0000 http://www.artwoo.com/rss/jurisdiction http://www.artwoo.com/article/online-business-and-domain-name-disputes http://www.artwoo.com/article/online-business-and-domain-name-disputes#comments Mon, 26 Nov 2007 14:30:00 +0000 consumer protection actdomain namesdomain namerelationshipanticybersquatting consumer protection actpertainingjurisdiction http://www.artwoo.com/article/online-business-and-domain-name-disputes domain names can be a part of online business. When a dispute over a domain name occurs you can always turn to the courts. Although courts have the authority to award control over domain names, don't expect a quick resolution. As usually, courts act slowly. Therefore, many businesses avoid the courts and turned to the name registrars for help.

Companies that do bring a court action must be prepared to spend a significant amount of money on legal fees. Your company is going to have to prove in court why a domain name needs to be transferred to another business.

In reaction to strong lobbying from trademark owners and famous individuals, Congress passed the Anticybersquatting Consumer Protection Act in November of 1999. This act made it easier for individuals and companies to take over domain names that are confusingly similar to their names or valid trademarks. To do so, however, they must establish that the domain name holder acted in bad faith.

Web Site Terms of Use

From a legal standpoint, it is important to have a "Terms of Use" page on every business web site that describes the terms and conditions that govern the relationship between the visitor of the website and its publisher. Properly written "Terms of Use" can be an invaluable tool in protecting your businesses from misunderstanding, frivolous lawsuits, and crippling legal exposure.

Terms of Use pages contain similar content, but there is no one size fits all solution. Each online business has a unique relationship with its customers that must be considered in its "Terms of Use".

Common Elements Of Terms Of Use

Choice of Forum - Choice of Forum provisions permit the parties to a contract to choose, with some limitations, the jurisdiction in which any disputes pertaining to their relationship are resolved. In many cases, a web site's Terms of Use purports to require any legal action pertaining to the web site to be brought in the jurisdiction in which the online business is located that may be very inconvenient for a distant customer.

Choice of Law - Choice of Law provisions permit the parties to a contract to select, with some limitations, which particular jurisdiction's laws will be applicable to their relationship. Usually, a web site's Terms of Use will apply the law of: (1) the jurisdiction whose laws are most favorable to the publisher; (2) the jurisdiction in which the publisher is physically located; or (3) the jurisdiction whose laws are most familiar to the attorney who drafted the contract.

Limitation of Liability - These provisions allow one or both parties to place certain limitations on their liability for breaching the agreement of the parties. Properly drafted, Limitation of Liability provisions can cap a party's legal liability for certain conduct.

Indemnification - Indemnification provisions permit a party to shift the burden associated with an projected loss to the other party. In many cases, a web site's Terms of Use require the visitor of a web site to indemnify the web site's publisher toward any losses associated with the use of the web site's content.

Attorneys' Fees and Costs - In general, a party is required to pay his own legal fees and expenses, win or lose. Nevertheless, parties to a contract may, with some limitations, require that a party who loses in a legal action brought pursuant to the agreement pay the attorneys' fees and costs sustained by the prevailing party.

Your Terms of Use is one of the most important content created for your Web site; therefore, it is advisable to have an attorney look it over prior to posting. A well drafted Terms of Use contract can reduce your legal exposure while a poorly written one can increase your liability. George Meszaros with Webene http://www.webene.com ]]> http://www.artwoo.com/article/is-a-person-who-has-a-services-company-entitled-to-relief-under-s-106-of-the-industrial-relations-act-nsw http://www.artwoo.com/article/is-a-person-who-has-a-services-company-entitled-to-relief-under-s-106-of-the-industrial-relations-act-nsw#comments Sat, 10 Mar 2007 06:27:05 +0000 unfair contractsemployment contractssystem contractsindustrial relations actindustrial relations commissionemployer organisationrelevant parties http://www.artwoo.com/article/is-a-person-who-has-a-services-company-entitled-to-relief-under-s-106-of-the-industrial-relations-act-nsw
Early forms of unfair contracts provisions were aimed at simply protecting the arbitration system. Contracts had to have a distinctive industrial 'flavour' before the courts or commissions would intervene. Over time a more expansive and liberal approach attitude towards the review of unfair contracts developed. Such a broad response acted as a springboard for the Industrial Relations Commission of NSW to intervene in a wider variety of commercial transactions.

Strictly speaking, the scope of s 106 is to be restricted to contracts that lead directly to performance of work in an "industry." However the term "industry" may be broadly interpreted. It appears though that the "industry" component is satisfied by doing the work in an industry.

The section is designed to protect citizens from unfair consequences of employment contracts. However more recently there has been a growing willingness to indirectly allow the jurisdiction to operate as an alternative to actions for a breach of contract.

The question of whether a person who has a services company is entitled to make a claim under s 106 depends greatly upon the width that the Commission is prepared to afford the section.

Who can apply?

Section 108 of the Act contains a list of persons that may apply for relief under s 106. Generally speaking, any person who is party to a contract can apply under s 106. This includes anybody whose status is a:

- Natural person or company - An employer - An employee - Contractor - Licensee - Trade union official - Employer organisations

The general rule that a person must be party to a contract is subject to exceptions. For example, s 108 allows that a union or employer organisation that is not party to a contract arrangement could be an applicant without express requirement for consent by the relevant parties. This is an important operation of the Industrial Relations Act. It gives effect to one of the key policy considerations, that is, broader public interest and industrial concerns. However, an association that employs contractors, drivers and carriers who are registered under Chapter 6 of the Act can apply for relief under s 106 only in the event that a party to the contract is a member of that association.

Width of jurisdiction under s 106

Historical analysis of relevant decisions demonstrates that the jurisdiction of the Commission regarding unfair contracts is sufficiently wide to include agreements between sub-contractors, contractors and principals. The interpretation and application of s 106 has become increasingly liberal and flexible.

The decision of the High Court in Stevenson v Barham confirmed that the Commission's unfair contract jurisdiction is not limited to agreements that subvert industrial relations or contracts of employment.

There is potential for sub-contracting arrangements to be implemented under the pretext of "flexibility" but which in actual fact are intended to disadvantage workers by avoiding obligations that would exist if the relationship were one of employment.

Furthermore, s 106 has been invoked in many other areas and is now regularly used in relation to franchise agreements, partnerships, commercial leases, share farming agreements and copyright agreements. There have also been numerous claims from independent contractors that have provided those workers with some protection in circumstances where they have been excluded from the protection of awards with some protection in circumstances where they have been excluded from the protection of awards and many statutory entitlements that applied to employees.

In the case of the AOS Group Australia Pty Ltd (In Liq) v Arrongate and Ors, the Full Bench of the Commission built upon the notion that the jurisdiction under s 106 enables the Commission to order that damages be paid by parties who were associated with the unfair contract - even if they were not part of the contract.

The result in the case lead to the inevitable conclusion that s 106 empowers new contracts to be created. This decision has great ramifications for not only liquidators and administrators but also participants on labour hire and other forms of indirect labour arrangements.

More recently allegations have been levelled at some applications that appear to be bringing claims under s 106 that are in actual fact more akin to unfair dismissal claims -- found in Division 3, Part VIA of the Industrial Relations Act.

Unfair dismissal claims are designed to address a distinctly different circumstance and type of claim. Considerable claim must be taken in relation to the facts and pleadings if matters are to be brought under the jurisdiction of s 106. This is also the case if a person who has a services company seeks to bring an action. This is particularly important as the Commission will only determine jurisdiction at the end of the trial. Frank Egan is the Chief Executive Officer of LAC Lawyers Sydney http://www.laclawyers.com.au and has over 27 years of experience as a lawyer. ]]> http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-1 http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-1#comments Fri, 21 Dec 2007 01:20:02 +0000 corrupt organizations actracketeer influenced and corrupt organizations actracketeer influenced and corrupt organizationsdue process clausepersonal jurisdictionstate defendantsnationwide service http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-1 Corrupt Organizations Act's (RICO) jurisdictional power over out-of-state defendants. Courts have split on which subsection of 18 U.S.C. Section 1965 to invoke. Depending on which subsection a court chooses, certain restrictions and liberties arise that may run afoul to the Due Process Clause. This is Part I of a two part series.

With the venue provision of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Section 1965, Congress intended to provide an avenue for trying all alleged participants of a conspiracy in one forum - nationwide service of process. Whether and how the statute accomplishes this goal is, of course, the subject of much litigation and confusion. The Supreme Court has never definitively interpreted this section of the statute, leaving the lower courts in a state of disarray.

The key question is which clause of Section 1965 allows for nationwide service of process. Though it might seem academic - what difference does it make which section spells out the rule so long as the statute allows nationwide service of process? - the question is vitally important to determining personal jurisdiction over RICO defendants: read one way, the grant of nationwide service of process also confers nationwide personal jurisdiction, while the other reading places limits on the court's exercise of personal jurisdiction over non-resident RICO defendants. The competing readings also create a split as to whether a defendant served via nationwide process must still have minimum contacts with the forum or if only contacts with the United States as a whole are required.

In an attempt to sort through the issue, this article addresses the following questions: (1) does Section 1965 provide for nationwide service of process, and, if so, which section of the statute authorizes it? (2) If nationwide service of process is permitted, are there any limits placed on it? (3) Assuming nationwide service of process is allowed, does the statute automatically confer personal jurisdiction through minimum contacts with the United States, or must defendants still have minimum contacts with the forum?

Which Part of the Statute Governs?

Courts generally agree that the RICO statute authorizes nationwide service of process in some fashion. Some courts rely on Section 1965 (d) to support that decision, while the others have ruled that subsection (b) authorizes nationwide service. The statute reads as follows:

(a) Any civil action or proceeding under this chapter against any person may be instituted in the district court of the United States for any district in which such person resides, is found, has an agent, or transacts his affairs.

(b) In any action under section 1964 of this chapter in any district court of the United States in which it is shown that the ends of justice require that other parties residing in any other district be brought before the court, the court may cause such parties to be summoned, and process for that purpose may be served in any judicial district of the United States by the marshal thereof.

(c) In any civil or criminal action or proceeding instituted by the United States under this chapter in the district court of the United States for any judicial district, subpoenas issued by such court to compel the attendance of witnesses may be served in any other judicial district, except that in any civil action or proceeding no such subpoena shall be issued for service upon any individual who resides in another district at a place more than one hundred miles from the place at which such court is held without approval given by a judge of such court upon a showing of good cause.

(d) All other process in any action or proceeding under this chapter may be served on any person in any judicial district in which such person resides, is found, has an agent, or transacts his affairs.

The majority of courts have ruled that subsection (b) is the basis for nationwide service of process, while subsection (d) is a venue provision. The Second Circuit, in PT United Can Co., was the first court to do a close reading of the statute and to interpret each of the four subsections in relation to the others. When read "sequentially," the court held, the statute "gives coherent effect to all sections of Section 1965, and effectively provides for all eventualities without rendering any of the sections duplicative, without impeding RICO actions and without unnecessarily burdening parties." The Second Circuit interpreted - and the majority of courts have since agreed - the meaning of the sections as follows:

(a) Section1965(a) sets venue so that "a civil RICO action can only be brought where personal jurisdiction based on minimum contacts is established as to at least one defendant."

(b) for other parties not residing in the district, Section 1965(b) provides for nationwide service and jurisdiction, subject to a showing that "the ends of justice" so require.

(c) subsection (c) governs service of subpoenas on witnesses.

(d) Since (a) and (b) relate to serving a summons on a defendant and (c) concerns subpoena of a witness, the reference in subsection (d) to all "other process" means everything that is neither a summons of a defendant nor a subpoena of a witness.

A recent Tenth Circuit decision, Cory v. Aztec Steel Building, Inc., noted that not only did this reading make sense, but it also was consistent with congressional intent:

In its report on the Organized Crime Control Act of 1970, which gave birth to RICO, the House Judiciary Committee declared that "[s]ubsection (b) provides nationwide service of process ... in actions under section 1964" ... and that "[s]ubsection (d) provides ... all other process in actions under the [entire RICO] chapter."

This "sequential" reading shows that subsection (d) means something other than that already stated in the previous sections.

The subsection (d) theory, on the other hand, is the minority position, supported only by the Fourth and Eleventh Circuits. Neither court offered much analysis to explain this position, but a number of district courts have since clarified: they reason that subsection (b) "is implicated only when venue is proper as to at least one defendant but challenged as improper by another." For all others - any defendants who do not challenge venue - subsection (d) would provide the basis for personal jurisdiction through nationwide service of process.

One of the few commentators to have addressed the issue, and who supports the (d) reading, explains it like this:

(a) the first subsection does not authorize process, but expands venue from rule 4's provisions;

(b) subsection (b) grants national service of process if at least one defendant is within the court's jurisdiction and "ends of justice" allow it;

(c) subsection (c) authorizes subpoenas over witnesses; and

(d) finally, subsection (d) authorizes service of process on defendants generally; "all other process" means service of process on defendants where no other defendant is properly within the court's jurisdiction, but process can only be served in a judicial district where venue could have been appropriate under subsection (a).

Subsection (d) in this reading can only authorize nationwide service of process because proponents believe a RICO action may be brought in a district where no defendant has minimum contacts with the forum. This leaves virtually no limits on service of process.

Limitations on Nationwide Service of Process Under Section 1965(b)

Where subsection (b) is the statutory basis for the exercise of personal jurisdiction, as opposed to subsection (d), there are limitations on the exercise of personal jurisdiction. First, personal jurisdiction over at least one RICO defendant must be established via a typical minimum contacts analysis. Unlike the subsection (d) school, this branch reads subsection (a) and (b) together to limit filing a RICO action to a jurisdiction where at least one defendant is subject to personal jurisdiction. Even once the court has jurisdiction over that initial defendant, nationwide service of process and personal jurisdiction over the others may only be exercised where the ends of justice require. "[M]erely naming person in a RICO complaint does not, in itself, make them subject to section 1965(b)'s nationwide service provisions."

Congress did not define "ends of justice," leaving the courts to determine the contours of this limitation on nationwide service of process. The prevailing test for "ends of justice" has been whether all the defendants are amenable to suit in another forum; if so, the "ends of justice" do not require exercising personal jurisdiction over all the defendants. There is general agreement that it is the plaintiff's burden to show the ends of justice require the exercise of personal jurisdiction. Mr. Taillieu is a partner in the litigation department of Zuber and Taillieu LLP (http://www.zuberlaw.com). He earned his J.D. with highest honors from George Washington University School of Law, where he graduated #1 in the day class and was Managing Editor of the Law Review. ]]> http://www.artwoo.com/article/united-states-bankruptcy-courts http://www.artwoo.com/article/united-states-bankruptcy-courts#comments Fri, 28 Mar 2008 17:40:00 +0000 bankruptcy petitionsfederal judicial districtsbankruptcy petitionunpaid medical billsbankruptcy mattersbankruptcy judgescredit card expenses http://www.artwoo.com/article/united-states-bankruptcy-courts
The paperwork will include required pay stubs which will show the amount of income you gross per month. You'll also be required to prove your monthly expenses, including rent, utilities and grocery costs. Your statements showing credit card expenses, loans, taxes and unpaid medical bills will also be part of your paperwork to gather. The judge will then look over your income. Most often your assets and debts will be compared against your state's median income. Some states have tougher standards for comparison than others. The comparison results will determine what type of bankruptcy you'll qualify for.

Each state has its own list of specific assets that are eligible for exemption. It's best to consult with a bankruptcy attorney when trying to figure out what you own that will qualify for exemption. Taking assistance from a bankruptcy attorney is a good move, so you can ensure you're doing everything you can to conclude your bankruptcy on the most positive note possible.

United States bankruptcy courts are the bankruptcy judges in active and regular service in each district. They hold the power to handle bankruptcy matters. There are ninety four federal judicial districts in the United States and each of them handles bankruptcy petitions. Bankruptcy petition can be described as Debtor's petition or Creditor's petition depending on who files the petition as can be implied.

Bankruptcy petitions cannot be filed in any court. The petition must be filed in a court with jurisdiction. In the United States, bankruptcy cases have to be filed in Bankruptcy courts which are usually the (Federal) courts with jurisdiction to handle such matters. Notwithstanding, district courts also have subject matter jurisdiction over bankruptcy matters and may refer petitions to the bankruptcy court at any point by order.

Bankruptcy laws are designed to protect financially distressed individuals or organizations and also to make provision for liquidation of any non-exempt assets for orderly distribution to creditors.

In the United States, judges who preside over bankruptcy matters, otherwise referred to as "bankruptcy judges" are appointed for a fourteen year term by the US court of appeal. They constitute a unit in the applicable district court in each judicial district.

A United States Bankruptcy Judge is the court official empowered to make decisions on bankruptcy issues in United States bankruptcy courts. He determines the eligibility of the debtor for the form of petition filed and also if the debtor should be discharged of his debt obligations.

Typically, a debtor who files for Chapter 7 bankruptcy has limited or no involvement with the bankruptcy judge and may not see him unless an objection is raised on the petition.

A typical United States Bankruptcy court will administer the federal bankruptcy law in order to meet congress goal for enacting the law which is to give debtors a "fresh start" while also protecting creditors from unfair exploitation.

If you are filing for bankruptcy, your attorney knows the courts with jurisdiction to handle your case. So you need not worry. If however, you are filing your application yourself, endeavor to research the appropriate bankruptcy court in your district before filling your forms. Online database are available for your use in case you are not sure. Legal Helpers is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. We're one of the largest consumer bankruptcy firms. Bankruptcy attorneys answer the phones six days a week and evenings. http://www.legalhelpers.com ]]> http://www.artwoo.com/article/litigation-in-china-for-foreign-investors http://www.artwoo.com/article/litigation-in-china-for-foreign-investors#comments Thu, 30 Nov 2006 14:27:03 +0000 chinajurisdictionchinese courtsstate owned enterpriseslitigationjudicial precedentchinese law http://www.artwoo.com/article/litigation-in-china-for-foreign-investors
Chinese courts rely on a legal system more akin to continental Europe than the common law system of the UK, Canada, or the United States, yet there are distinctively Chinese characteristics. Get a good local lawyer before litigation in China - only Chinese nationals working for mainland Chinese law firms may appear in court.

Local Bias -- Although there are a number of examples of foreign investors prevailing in Chinese courts against state-owned enterprises and other well-connected local parties, results vary drastically with location (big cities being considered among the safest bets for foreigners), and it is often difficult for the foreign party to enforce favorable judgments.

Jurisdiction and Forum Shopping- Lower courts in China operate on a regional basis, and the Supreme People's Court is the court of last resort. Jurisdiction rules must be complied with - a corporate defendant must usually be sued in the jurisdiction where its headquarters are located.

Procedure

Some of the key features of the People's Courts include:

lGreat emphasis on formal documentation over witness testimony

lA lot of attention to the production of powers of attrney, authenticated original documents, notarizations, and seals

lRelatively low-cost, high speed procedures, at least compared with the glacial speed of litigation in the United States

lStrict limits on ability to compel the production of evidence (discovery procedures), probably the greatest disadvantage of litigating in China

lLenient treatment of perjury

lLack of emphasis on precedent -- judicial precedent is not binding in China, although higher courts do issue detailed legal interpretations to guide lower courts

lLower damage awards - damages awards are low by US standards, and it is more difficult to prove the amount of loss than in Western countries

lDifficulty in enforcing injunctions, seizure of assets, and specific performance - large bonds are often required before a temporary restraining order will be issued.

Administrative action (bypassing the couret system) is often available in cases or intellectual property infringement or counterfeiting.

Appeals -- Dissatisfied claimants ar usually entitled to one appeal, whci is usually granted and executed speedily. However, some judgments are effectively unappealable.

Enforcement

Domestic judgments can be difficult to enforce. Local authorities may fail to assist the enforcement a judgment that is seen as damaging to local economic interests. Furthermore, the People's Courts have a reputation of being vulnerable to the "Enron Effect" -- they seldom bother to trace and seize assets deliberately hidden by defndants through the use of complicated corporate structures.

Foreign judgments are enforceable in theory but difficult to execute. Enforcement is generally based on the principle of reciprocity, meaning that China will only enforce judgments originating from jurisdictions that enforce Chinese judgments. However, since China is signatory to a number of relevant bilateral enforcement treaties, the principle of reciprocity is subordinated to treaty requirements. Of course the best way to enforce a foreign judgment is to locate overseas assets of the defendant in a jurisdiction willing to recognize the judgment and seize assets.

Judgments from Taiwan, Hong Kong and Macau - Judgments from Taiwan have long been enforceable on the mainland, and judgments from Macau have been enforceable since April 2006, in both cases subject to certain conditions. Nevertheless, expect difficulties in actual practice. Surprisingly, judgments from Hong Kong are currently unenforceable in the mainland except in cases where the judgment was rendered pursuant to an exclusive jurisdiction clause in a contract, and even this provision is subject to exceptions.

International tribunals

Other alternatives for foreign investors include adjudication by the World Trade Organization (WTO) or the International Centre for Settlement of Investment Disputes (ICSID). Both of these tribunals have serious drawbacks, however -- the WTO because foreign investors cannot sue directly (the plaintiff must be a state), and ICSID because jurisdiction is based on consent and unless you are Dutch, German or Finnish, your country has not entered into a bilateral investment treaty with China that would authorize ICSID jurisdiction (although this situation may be about to change). David Carnes is licensed to practice law in California. He speaks and reads Mandarin Chinese and has several years experience working with Chinese law firms and Sino-American joint ventures. His website, China Legal Bulletin, is at http://www.lunaticwisdom.com/blog1 ]]> http://www.artwoo.com/article/defamation-and-slander-on-the-internet http://www.artwoo.com/article/defamation-and-slander-on-the-internet#comments Thu, 25 Jan 2007 12:27:04 +0000 defamatory statementsdefamation of charactercommunications decency actninth circuit court of appealssocial networking sitescdablogs http://www.artwoo.com/article/defamation-and-slander-on-the-internet social networking sites and internet blogs continue to increase in both popularity and use, the opportunities for defamatory and libelous actions increase proportionally. Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively reflect on a living person's reputation. Slander is generally spoken defamation, while 'libel' is written. Blogs or social networks in which defamatory statements are written or recorded present several potential sources of liability and recovery for the person whose character was defamed. In cases where the defamation is proved, damages are presumed and often enforced with liberality.

Operators of blogs are generally immune from liability for defamatory statements posted on their websites, as long as they did not contribute to the posting. In 2003, the Ninth Circuit Court of Appeals ruled that a listserv moderator and operator of a website which allegedly published defamatory statements provided by a third party was eligible for immunity under the Communications Decency Act (CDA). Batzel v. Smith, 2003 US App.LEXIS 12736 (9th Cir. 2003). However, if the online service provider plays an active role in soliciting information from users that leads to the defamatory act, the operator may not be protected by the safe harbor provisions of the CDA. In Carafano v. Metrosplash.com, Inc., a federal court ruled on the application of the safe harbor of the Communications Decency Act (CDA). The defendant in that case operated a matchmaking website known matchmaker.com. As part of its service, the defendant collected profiles of singles based on an extensive questionnaire. The plaintiff sued Metrosplash because of a false profile of her which an unknown user had posted to the website. The court ruled that by creating the extensive questionnaire, Metrosplash played an active role in developing the information that had been posted. Furthermore, the court ruled that Metrosplash was an information content provider and thus not eligible for the CDA's safe harbor provided to "interactive computer services." Carafano v. Metrosplash.com, Inc., Case No. CV 01-0018 DT (CWx) C.D. Cal. 2002) (subsequently reversed by appeals court). While operators of blogs and services are generally immune from such liability, the more active the service is with its member's, the greater the likelihood of potential liability as a publisher of defamatory materials.

Another potential source of liability is the person who actually posted the defamatory materials. As with more general defamatory statements or materials, a poster can be held personally liable for anything posted which reflects falsely and negatively on a living person's reputation. Posting false and explicit claims regarding a person will generally be held as defamatory for purposes of liability. However, other issues arise concerning the anonymity of the person posting the information, and if known, the jurisdiction in which they are subject.

Jurisdictional issues may arise in situations where the poster had no reason to expect that the effect of the posting would be felt in a certain jurisdiction. However, in defamation cases jurisdictional disputes are liberally ruled upon in favor of the victim. In Griffis v. Luban, the Minnesota court of appeals ruled that Alabama had jurisdiction over a Minnesota defendant who posted defamatory messages on the Internet. The defendant repeatedly posted messages on an Internet newsgroup attacking the plaintiff's professional credentials. The plaintiff initially obtained a $25,000.00 default judgment in Alabama, which she was seeking to enforce in Minnesota. The Minnesota court ruled that the Alabama court had properly exercised jurisdiction because the effects of the messages were felt in Alabama and that the defendant should have expected that she would be sued there. An important factor in the ruling was that she had actual knowledge of the effect of the defamatory statements on the Defendant. Therefore, the Minnesota court enforced the $25,000.00 default judgment. Griffis v. Luban, 633 N.W. 2d 548 (Minn Ct. App. 2001).

However, there are cases where courts have refused to allow the exercise of personal jurisdiction based on defamatory statements. In a Pennsylvania case, the court refused to exercise jurisdiction over a New York defendant who had posted defamatory comments about a defendant on an offshore betting website. The court held that since the comments were not specifically directed at Pennsylvania, the court could not exercise personal jurisdiction over the defendant. English Sports Betting, Inc. v. Tostigan, C.A. No. 01-2202 (E.D. Pa. 2002).

The problems with bringing defamatory actions based on internet postings largely lie in proving that the defendant actually made the posting. If that connection can be made, a much stronger case can be presented and jurisdictional issues can be tackled. An attorney who is experienced in cyberlaw and internet cases can improve your chances in prevailing in any such case. Without the help of an attorney who can find and connect the evidence, most internet defamation cases will fail for lack of evidentiary sources and experience. This article was written by Nick Delaunt, for the Law firm of Goldstein and Clegg, LLC, a law firm representing clients in online defamation actions.http://www.goldsteinandclegglaw.com ]]> http://www.artwoo.com/article/rent-collection-best-practices-and-must-read-tips-for-landlords http://www.artwoo.com/article/rent-collection-best-practices-and-must-read-tips-for-landlords#comments Tue, 30 Jan 2007 18:27:03 +0000 criminal background checkbest betright from the beginninglandlordsowestenant screeninglegal matter http://www.artwoo.com/article/rent-collection-best-practices-and-must-read-tips-for-landlords landlords, collecting rent is not difficult but for others it can be a real struggle.

Step One, Tenant Screening

Through screening is the first step to finding tenants that pay on time. Your best bet is to get a credit report, an eviction history report and perform a criminal background check on your tenants. All of which can be done online. You can also call the current or previous landlord(s) for a reference. Some landlords will also visit the property where the applicant is residing, checking the condition of the property and cleanliness of the tenant. But, do not settle for tenants that don't meet your qualifications, spend more time screening and checking your applicant's background and you will save a lot of time and problems in the future.

Rent collection Best Practices

You really need to be very consistent right from the beginning of the lease. Start out by explaining to your Tenants in detail, the terms of payments in the lease and the consequences of paying their rent late. You must set a precedent right from the beginning as soon as a tenant fails to pay rent on time. Once you start accepting excuses, you will have lost your footing. This will give the tenant the assumption that it is ok to pay the rent late if they have a good reason or excuse. The next time your tenant has a problem paying the rent, they will expect you to be understanding once again. This sets the tone for a frequently of late rent payments or worst an eventual legal matter.

Be sure to keep all communication in writing with your tenant to avoid the "he said, she said" scenario. Send your tenants a late notice as soon as rent becomes late. So, if the rent is due on the first and it is not received by the first, send a notice out on the second. As soon as a tenant owes a late fee, send them another notice and be sure to never wave the late fee. Don't make any special "deals" waving the late fees at anytime. As soon as you negotiate with your tenants, they will tend not to take you very seriously as a landlord and may try to push things even further. It's a good idea to setup a schedule to send out a sequence of late notices. Mark on a calendar when you will be sending these notices out, if need be.

Check with your local jurisdiction to find out the regulations for eviction. Each state, county and/or jurisdiction may institute requirements for how many days may pass before legal proceedings can be brought against the Tenant. There may be certain notices required such as a "Notice to Quit," before you may even file for eviction in a local court. If after several attempts are made to collect the past due rent, follow your jurisdiction rules as soon as possible. Eviction can be a lengthy battle so don't hesitate to file, you can always withdrawal if your tenant pays.

Be clear right from the beginning of the landlord/tenant relationship to set an example in your collection efforts. Do not get emotionally involved or feel sorry for a tenant's situation. Keep it business, after all you invested a lot of time and money in order to make money not lose money. Discover the internets only document system designed for landlords with auto-fill. We offer Lease Agreements, Late Notices, Rental Applications and a complete library of landlord forms. Building a lease is easy with our lease builder wizard. http://www.ezlandlordforms.com ]]> http://www.artwoo.com/article/why-do-you-need-a-massage-certificate http://www.artwoo.com/article/why-do-you-need-a-massage-certificate#comments Tue, 06 Feb 2007 06:27:26 +0000 massage and bodyworkjurisdictionprofessional ethicsncbtmbnational certification examinationsnecessarilycontact http://www.artwoo.com/article/why-do-you-need-a-massage-certificate
But having finished the course doesn't necessarily mean you can go about in the business. One should apply for a certification to prove one's capabilities and receive a license to practice. But is a certificate really that necessary?

A license is what is usually required to practice in a particular jurisdiction. Licenses are provided by your local jurisdiction, like in a state or a city. You must contact your local jurisdiction to learn more about licensing requirements. Candidates must first show that they have met the eligibility requirements to sit for one of the National Certification Examinations. Candidates must have completed at least 125 hours of Anatomy and Physiology, 200 hours of massage and/or bodywork theory and application, 40 hours of pathology, 10 hours of business and ethics and at least 125 hours of related coursework.

To keep your NCBTMB status you will need 50 hours of CEU's during the four year certification period -- 2 of those hours must include professional ethics, plus 200 therapeutic sessions of massage and bodywork. And you are not required to pass the National Certification Examination every four years, although that is an option

Here are some good reasons why: Represents the highest professional credential in the field: It denotes the mark of a true professional committed to safe and ethical practice thus giving recognition, visibility, and credibility. It increases your employment opportunities and mobility between states and allows reimbursement by various insurance companies, and also connects you to locator services for employers and consumers. Most importantly, it provides reassurance to the consumer, the profession and the employer, so that you establish rapport and good costumer loyalty.

If a candidate fails the exam, he or she has the opportunity to re-take the exam three times before he or she must re-apply. After the third time there will be a three month waiting period before one can re-apply. A new application and documentation will be required. The candidate must send in a copy of the failed score report and the current examination fee. This information must be received within 60 days of the original examination date. If this information is not received within that time frame a new application and supporting documentation will be required.

Lastly, all practitioners must understand that "massage therapists and body workers shall act in a manner that justifies public trust and competence, enhances the reputation of the profession and safeguards the interests of individual clients." After certification then additional continuing education credits must be earned every couple years to maintain certification status. If you do intend to practice professionally then it is highly encouraged to attend a massage school.

Massages today are not only considered a luxury, but a necessity due to its health benefits. And to fully trust one's health to another person, a certification is very helpful. Emma hardy is an expert on massages, and has written many articles on different types of massage including the benefits, downsides, accessories needed for each one Why not go to http://www.massage-town.net and read more of Emma's articles now. ]]> http://www.artwoo.com/article/charter-schools-in-boston-are-urged-to-join-boston-schools-system http://www.artwoo.com/article/charter-schools-in-boston-are-urged-to-join-boston-schools-system#comments Fri, 29 Sep 2006 14:27:04 +0000 charter school teachersboston schoolsboston teachers unionpilot schoolsjurisdictionfreedomsautonomy http://www.artwoo.com/article/charter-schools-in-boston-are-urged-to-join-boston-schools-system Boston schools launched an initiative to convert all the charter schools within the city over to their school system as pilot schools. The move was in response to the millions of funding dollars lost each year for the children who attend the charter schools. Converting the schools to pilot schools, under the jurisdiction of the Boston schools, would reclaim future dollars, as well as expand the Boston schools' portfolio of experimental schools.

The Boston schools began with a recruitment letter to 550 charter school teachers and principals, signed by Boston Teachers' Union President Richard Stutman, then Boston schools Chief Operating Officer Michael Contompasis (now interim superintendent), and the Pilot Schools Network head Dan French. It was followed up with an open invitation meeting, where Boston schools officials and union members tried to convince the charter school educators of the advantages for making the conversion.

Charter schools were created in 1993 by state law and are under the jurisdiction of the state. There currently are 14 charter schools in the city of Boston that serve approximately 4,300 students. They give parents more choices for schooling their children, while enjoying autonomy and more freedoms than traditional schools. Educators determine what and how students are taught, the length of the school day and year, and how to disburse budgets. Teachers' salaries and benefits, however, are determined by each school with no guarantees or unemployment protections. Additionally, there are no restrictions on how many overtime hours teachers may work without pay.

Pilot schools, under the jurisdiction of the Boston schools, were created in 1995 in response to the competition from the charter schools. Of Boston schools' 58,600 students, about 6,000 attend the 19 pilot schools. They have more autonomy than traditional schools but less than charter schools, with educators having to negotiate their freedoms with the Teachers' Union and the Boston schools. Pilot school educators, however, are guaranteed union pay between $42,355 and $81,702 annually, as well as benefits and protection, including a restriction on how many overtime hours teachers may work without pay. Seven new pilot schools are planned by 2009.

The Boston schools' conversion initiative will be an uphill battle. It has been met with skepticism by many charter school educators, who like the flexibility and autonomy that would be lost. Converting to a pilot school would mean immersing themselves into rigidity, red tape and bureaucracy, as well as inheriting the Teachers' Union.

Some educators were intrigued by the idea but do not give it much hope. Some see it as a bold move that deserves a hearing and discussion, as with any new idea. Some would be interested, if the Boston schools were set up to deal with charter schools like New York City and Indianapolis -- autonomy is embraced rather than restricted.

Spencer Blasdale, executive director of the Academy of the Pacific Rim and president of the Massachusetts Charter School Association, encouraged each charter school to at least find out more details. He stated that his school, which is currently located in an old factory complex, could save $396,000 annually in rent -- if the Boston schools provide permanent facilities. Then Superintendent Thomas W. Payzant noted that the Boston schools already had difficulty finding permanent facilities for their existing pilot schools.

As the Boston schools continue their recruitment of charter schools, the residents of Boston can only wait to see what the outcome may bring. Patricia Hawke is a staff writer for Schools K-12, providing free, in-depth reports on all U.S. public and private K-12 schools. For more information on Boston schools visit http://www.schoolsk-12.com/Massachusetts/Boston/index.html ]]> http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-ii http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-ii#comments Sat, 22 Dec 2007 02:15:01 +0000 personal jurisdictionflexible conceptforum statenational contactss unionkerkhoffflexible approach http://www.artwoo.com/article/jurisdictional-power-of-the-racketeer-influenced-and-corrupt-organizations-act-rico-part-ii
Still, neither the Cory court, nor the court in Brown v. Kerkhoff, which also rejected the test, offered an alternative. In Cory, the court simply determined that the facts of that case did not satisfy the "ends of justice" standard. The court stated that it "need not ... offer a competing definition, as the `ends of justice' is a flexible concept uniquely tailored to the facts of each case. The Brown court examined the facts of the case under both tests - the Butcher's Union standard and the flexible approach advocated by Cory - and determined that neither supported a finding that the ends of justice required it to exercise jurisdiction over non-resident defendants.

Minimum Contacts with the Forum or the United States?

The last issue is whether a defendant must have minimum contacts with the forum or with the United States as a whole. Where subsection (b) is considered the governing section, the courts have performed a minimum contacts with the forum analysis, to determine if there is jurisdiction over at least one defendant. This follows the reading of subsection (a) as requiring at least one defendant to be subject to personal jurisdiction in that forum.

Generally, where courts have used subsection (d) as the basis for finding personal jurisdiction, a "national contacts" test has been considered sufficient. As one court explained it, subsection (d) requires only a "showing that a defendant has contacts with the United States. Minimum contacts with the forum state, as required under the traditional long-arm jurisdictional analysis, is not necessary." Because process may be served anywhere in the nation, the defendant need only have contacts anywhere in the nation for jurisdiction to be appropriate.

The "national contacts' tests, however, has been criticized as being violative of the fairness and liberty requirements of the due process clause. For example, Judge Garza of the Fifth Circuit strongly disagreed with his colleagues, who held that where a federal statute provides for nationwide service of process, the "relevant inquiry is whether the defendant has had minimum contacts with the United States." Judge Garza disagreed, arguing instead that the national contacts test violated the due process clause:

Because the personal jurisdiction requirement is a function of the individual liberty interest, the proper focus for a personal jurisdiction test should be on protecting an individual's liberty interest in avoiding the burdens of litigating in a distant or inconvenient forum. Requiring that the individual defendant in a national service of process case only reside somewhere in the United States does not protect this interest.

Similarly, one commentator has argued that the national contacts test runs counter to the fairness requirement the Supreme Court established in International Shoe. He notes that though the Supreme Court has never specifically ruled on how the minimum contacts test should be applied where a federal statute authorizes national service of process, courts have taken guidance from Justice Stewart's dissent from Stafford v. Briggs, in which he reasoned that though the International Shoe minimum contacts test would apply where a federal statute provides for nationwide service of process, the contacts need only be between the defendant and the "sovereign that has created the court."

The fairness component of the due process analysis is satisfied, according to Justice Stewart's reading, by the fairness "of the exercise of personal jurisdiction by a particular sovereign, rather than the fairness to the defendant of litigating in a distant forum." Whether this actually comports with International Shoe is questionable. "[T]he more persuasive conclusion is that fairness is a necessary due process consideration even where nationwide service of process is statutorily authorized."

Thus, courts are split on precisely which clause gives RICO it's jurisdictional power over defendants. While the majority of courts have relied on subsection (b) and placed limits on the statute's power, other courts have elected to use subsection (d), giving courts more breadth is summoning out-of-state defendants. Although such a liberal reading implicates due process concerns, the Supreme Court has yet to weigh in, leaving the controversy thus far unresolved.

1. Butcher's Union Local No. 498 v. SDC Inv., Inc., 788 F.2d 535 (9th Cir. 1986); Brown v. Kerkhoff, No. 4:06-cv-00342-JEG, 2007 WL 2481422 (S.D. Iowa Aug. 23, 2007); Katulla v. Jade, No. 5:07-CV-52, 2007 WL 1695669 (W.D. Ky. June 8, 2007).

2. E.g., Cory v. Aztec Steel Bldg., Inc., 468 F.3d 1226, 1231 (10th Cir. 2006) ("Where a civil RICO action is brought in a district court where personal jurisdiction can be established over at least one defendant, summonses can be served nationwide on other defendants if required by the ends of justice."); PT United Can Co. LTD. v. Crown Cork and Seal Co., Inc., 138 F.3d 65, 71 (2d Cir. 1998) (nationwide service of process over "other parties" where "ends of justice" require); Butcher's Union., 788 F.2d at 538-39 (same).

3. 18 U.S.C. Section 1965.

4. E.g., Multi-Media Int'l, LLC v. Promag Retail Serv., LLC, 343 F. Supp. 2d 1024, 1030 (D. Kan. 2004) (citing numerous other cases to have followed majority position); Hawkins v. Upjohn Co., 890 F. Supp. 601, 606 and n. 8 (E.D. Tex. 1994) (relying on (b) because other reading is "contrary to the plain meaning of the words used")

5. PT United Can Co. v. Crown Cork and Seal Co., Inc., 138 F.3d 65 (2d Cir. 1998).

6. Id. at 72.

7. PT United, 138 F.3d at 72.

8. Id. at 71.

9. Id.

10. Id

11. 468 F.3d 1226 (10th Cir. 2006).

12. Id. at 1231 (quoting H.R. Rep.. No. 91-1549, reprinted in 1970 U.S.C.C.A.N. 4007, 4034).

13. Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935, 942 (11th Cir. 1997); ESAB Group, Inc. v. Centricut, Inc., 126 F.3d 617, 627 (4th Cir. 1997).

14. Brown v. Kerkhoff, No. 4:06-cv-00342-JEG, 2007 WL 2481422, *16 (S.D. Iowa Aug. 23, 2007) (reviewing other cases and choosing (b) as support for limited nationwide service of process)

15. Id. (discussing BankAtlantic v. Coast to Coast Contractors, Inc., 947 F. Supp. 480, 485 (S.D. Fla. 1996)).

16. Benjamin Rolf, The "Ends of Justice" Revised: How to Interpret RICO's Procedural Provision, 18 U.S.C. Section 1965, 80 Notre Dame L. Rev. 1225, 1231-32 (2005).

17. Butcher's Union, 788 F.2d at 539.

18. E.g., Kattula v. Jade, No. 5:07-CV-52, 2007 WL 1695669 at *3 (W.D. Ky. June 8, 2007) ("Plaintiffs bear the burden of showing that the ends of justice require the exercise of nationwide service of process for personal jurisdiction purposes.")

19. Brown, 2007 WL 2481422 at *20-21.

20. Cory, 468 F.3d at 1232.

21. Brown, 2007 WL 2481422 at *21 (relying instead on plaintiff's failure to show any way ends of justice would be served).

22. E.g., Hawkins, 890 F. Supp. at 606-07 (must determine whether Texas long-arm statute reaches one of the RICO defendants).

23. E.g., Gatz v. Ponsoldt, 271 F. Supp. 2d 1143, 1153 (D. Neb. 2003) ("It is clear that each of these defendants has sufficient contacts with the United States to support this court's exercise of personal jurisdiction over them."); Herbstein v. Bruetman, 768 F. Supp. 79, 81 (S.D.N.Y. 1991) ("[T]he jurisdictional inquiry focuses on the defendant's contacts with the United States, not just the forum state.")

24. Dooley v. United Tech. Corp., 786 F. Supp. 65, 70-71 (D.D.C. 1992).

25. Busch v. Buchman, Buchman and O'Brien, Law Firm, 11 F.3d 1255, 1258 (5th Cir. 1994) (addressing Securities Exchange Act of 1934, not RICO)

26. Id at 1259-60 (Garza, J., dissenting) (internal footnotes omitted).

27. Jon Heller, Pendent Personal Jurisdiction and Nationwide Service of Process, 64 N.Y.U. L. Rev. 113, 126-28 (1989).

28. 444 U.S. 527, 553 (1980) (Stewart, J., dissenting).

29. Heller, Pendent Personal Jurisdiction, 64 N.Y.U. L. Rev. at 127.

30. Id. at 128. Mr. Taillieu is a partner in the litigation department of Zuber and Taillieu LLP (http://www.zuberlaw.com). He earned his J.D. with highest honors from George Washington University School of Law, where he graduated #1 in the day class and was Managing Editor of the Law Review. ]]> http://www.artwoo.com/article/contract-boilerplate-sample-provisions-part-ii http://www.artwoo.com/article/contract-boilerplate-sample-provisions-part-ii#comments Wed, 11 Jul 2007 00:35:01 +0000 arbitration clausesprivilegebusiness agreementsthis ensures thatconstruedcompetent jurisdictionwaiver http://www.artwoo.com/article/contract-boilerplate-sample-provisions-part-ii
Disclaimer: This article is intended for reference only, not as legal advice, and that the author accepts no liability for the use of the same.

Dispute Resolution

In case of any dispute arising out of or in connection with this Contract, the parties hereto shall attempt to resolve the same through friendly consultations. In the event that such dispute cannot be thereby resolved, either party may submit such dispute to a court of competent jurisdiction.

Many business agreements contain arbitration clauses instead.

Further Endeavors

Each party to this Contract shall, at any time upon the request of another party, execute or cause to be executed such agreements, documents, deeds, or contracts, and shall do or cause to be done all such acts and things as are reasonably necessary to give full effect to the provisions of this Contract.

This ensures that the parties cannot work against each other by refusing to cooperate regarding legal and regulatory matters.

Costs

Except as otherwise expressly provided in this Contract, each party to this Contract shall bear its own expenses and costs in relation to its performance under this Contract.

Waiver

The failure or delay by any party to this Contract in exercising any right, power, or privilege under this Contract shall not be construed as a waiver thereof, and any single or partial exercise of any right, power or privilege shall not preclude the full exercise of any other right, power or privilege.

This prevents a party from being able to float something like "You let me pay 10 days late the first 8 months of the year and didn't complain, so you have no right to demand that I pay on time in September."

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of _____________, excluding its conflict of laws rules.

In the United States, most contracts will be governed by the law of the state in which the performance occurs. However, if performance occurs in more than one jurisdiction, then specify the governing law. Keep in mind, however, that governing law can't be chosen arbitrarily (you can't specify Mexican law for the sale of goods from Vermont to Colorado, for example, even if both parties agree to it). If in doubt as to governing law, consult an attorney.

Execution

This Agreement is executed in ____ originals; each party to retain ____ originals thereof.

Be careful here - if the document contains an original signature it is not a copy, it is an original. This could become important at a trial in order to admit the contract into evidence. "Contracts" at http://contractsguide.blogspot.com/2007/03/contract-boilerplate-examples-an= d_30.html offers readers information about all types of contracts, especially how to write a contract. See also http://contractsguide.blogspot.com/2007/03/contract-boilerplate-examples-an= d_30.html. ]]> http://www.artwoo.com/article/how-to-subdivide-land http://www.artwoo.com/article/how-to-subdivide-land#comments Fri, 15 Jun 2007 21:34:50 +0000 very time consuminggovernmental agenciesgovernmental requirementsgovernment jurisdictionstate and local governmentsvariationsgovernment departments http://www.artwoo.com/article/how-to-subdivide-land very time consuming and challenging process. Regulations can vary by government jurisdiction and the process can take months (or even years) to complete.

I would define land subdivision as "any parcel of land that is divided into parcels or lots that exceed a pre-described amount." However, this definition is often insufficient. There are many locational variations between cities, counties and states in the requirements for land subdivision that must be considered. Accordingly, knowledge of local practices and relevant governmental requirements are essential to the correct understanding of land subdivision.

The following discussion of the land subdivision process is meant only as a guide. Not only are there variations in rules and regulations depending on the government jurisdiction, there are often many exceptions that can be very complicated, so make sure that you verify the requirements with your state and local governments.

Preparation

Careful consideration is required during the preparation process. The developer prepares a plat map and any other documentation that may be required by the various governmental agencies involved. These requirements are often included in an application for a subdivision public report.

These documents are then submitted to a variety of agencies for their approval. Often these governmental agencies establish specific requirements for the entire subdivision, and may also specify certain requirements for all (or any given number) of the individual lots within a subdivision.

Depending on the project and the legal and regulatory environment surrounding the land subdivision, a developer will need approval from many different government departments and agencies.

In addition, there are a substantial number of independent professionals that must be involved in the land subdivision process. Because of the time constraints and costs involved, the developer needs to carefully monitor the project and hire the required professionals.

Approval Process

Upon agency and department approval, the plat map is usually recorded with the County Recorder. The Tax Assessor is then provided with the necessary legal authority to demand maps, drawings and workpapers pertinent to the property.

When sufficient information is submitted, the Assessor prepares a map to accurately reflect the new land subdivision, assigns each parcel a parcel number, and establishes a county subdivision file.

Often the State Department of Real Estate reviews the submitted data and performs an inspection of the land subdivision. If the application submitted is complete and acceptable, a public report on the subdivision will be issued and the developer may proceed with any sales activities associated with the subdivided parcels.

Summary

The land subdivision process can be very complex and time consuming. It is often very risky and usually requires a significant financial investment. The process can be as short as several months but can be as lengthy as several years in some of the difficult regulatory markets.

I would recommend educating yourself on the process as early as possible. In addition, always plan for surprises as they are almost sure to take place. Paul Sunndin is a writer and real estate investor. He is the author of the book "Land Splits: The Next Real Estate Boom". To discover how you can make money in land visit his site at http://www.subdivisionprofits.com. ]]> http://www.artwoo.com/article/offshore-accounts-safeguard-your-money http://www.artwoo.com/article/offshore-accounts-safeguard-your-money#comments Fri, 12 Sep 2008 07:43:29 +0000 anonymous bank accountsworldwide investmentstax havenscurrency transactionstax evasionoffshore accountoffshore banks http://www.artwoo.com/article/offshore-accounts-safeguard-your-money offshore account' is when we're watching a movie involving gangsters and conmen. So what exactly is an offshore account and why do people choose them over a regular bank?

The Definition

An offshore account is simply a bank account you set up in a country outside of where you live. This means the government of the country in which you live has no jurisdiction over your financial transactions. There are advantages to this and disadvantages, depending on which country you choose for your international account.

Advantages

• There can be substantial tax breaks and higher investment opportunities for offshore accounts. Many offshore accounts are tax havens, which translates into savings for the depositor. While you still have to declare all income from worldwide investments in the US, you may gain from gross income interest payments and other tax liability perks. A lot of offshore accounts can also provide higher interest rates than your home country resulting in greater growth of your current portfolio.

• Unknown to many US citizens is the fact that there are high performing funds around the world that residents of the US cannot legally profit from. If you have an offshore account, however, you can gain access legally to these 'hidden' investments.

• For many offshore accounts you can do multi-currency transactions without paying the higher fees of domestic accounts and can write cheques or complete transactions in any country in the world.

• Some offshore banks allow anonymous bank accounts and lower or higher rate loans.

• The government of your home country does not have jurisdiction over your offshore account. This means they cannot freeze your assets or seize the money for any reason. (This is one of the main reasons why illegal activities are generally associated with offshore banking. You can still be charged with and jailed for tax evasion in the US but the government cannot touch your money.)
Asset protection is a major reason for offshore banking.

• Extremely high levels of confidentiality and security exist with offshore accounts. This guarantees privacy in all your financial dealings.

Disadvantages

• US banking insurance policies do not cover offshore accounts and few offshore accounts offer compensation schemes. This means if the country or bank you have invested your money in collapses because of a political or economic crisis your money may disappear with it.

• It is more complicated to set up your offshore bank account as there are many variables depending on the country you choose. The minimum fees and deposits required in some countries for offshore accounts make them financially out of reach for the average citizen.

• Offshore accounts have been tied to money laundering and all types of criminal activities. This can affect your business reputation.

As with all financial dealings there are advantages and disadvantages to moving your money offshore. The most important thing when it comes to offshore banking is to ensure you use a reputable company that has expertise in international banking and tax laws when you first set up your account. These trusted financial companies will look at your portfolio and assess the risk versus profit margin of the varying countries offering you offshore accounts.

Each country comes with its own set of tax laws and levels of security. There are also a myriad of different account types and investments depending on what your financial goals are.

Offshore banking is definitely an area to entrust to the experts.LOM Offshore Financial Services offers tax efficient offshore investments with access to tax free bonds, preferred shares and dividend income through offshore accounts]]> http://www.artwoo.com/article/the-un-headquarters-in-nyc http://www.artwoo.com/article/the-un-headquarters-in-nyc#comments Wed, 11 Jul 2007 11:25:01 +0000 united nations headquartersunited nations plazamailextraterritorialitylake success nysecretariatjurisdiction http://www.artwoo.com/article/the-un-headquarters-in-nyc United Nations Headquarters since 1952. The complex is located on the east side of Midtown Manhattan in the Turtle Bay neighborhood, overlooking the East River. The 18 acre site is an international zone which belongs not to the U.S., but to all member states; this makes for some complicated legal rhetoric. The actual earth underneath the building belongs to the United States, but the United Nations Headquarters site is granted extraterritoriality status, meaning that it is exempt from local jurisdiction. However, this does not grant immunity to those who commit crimes at the Headquarters, as they must remain under the jurisdiction of the United States. The physical address is 760 United Nations Plaza, New York, NY, 10017; all mail received at this address is sterilized.

The land for the United Nations Headquarters was purchased by the Rockefeller family and donated to New York City. Wallace Harrison, the lead architect on an international team, designed the buildings and was also the Rockefellers' personal architectural advisor. Prior to constructing this complex, the United Nations Headquarters was temporarily housed at Lake Success, NY, on Long Island. Because the buildings need to be repaired, some members have suggested that a new temporary location be erected at the Lake Success site or a Brooklyn location; others suggest building a permanent replacement facility where the World Trade Center towers once stood.

Construction of the United Nations Headquarters was financed by an interest-free loan from the United States government. The Headquarters consists of four main buildings=97the General Assembly building, the Conference Building, the Secretariat building, and the Dag Hummarskjold Library. When the Secretariat building was first erected, it was controversial and met with a huge public outcry. In time, the building has become a modernist landmark. The Dag Hummarskjold Library is named after the Swedish United Nations Secretary-General, and is connected to the Secretariat and Conference buildings through ground-level and underground tunnels.

In 1945, after the Second World War, the United Nations was founded to replace the League of Nations. Fifty countries signed the United Nations charter, hoping that it would ultimately help them avoid war and intervene in international conflicts. The UN Security Council consists of five permanent members who have the power to veto any United Nations resolution. The five members are representatives from countries who were victorious in the World War II: Russia, France, China, the United States, and the United Kingdom.

The United Nations has its own emergency services=97security, fire department, and postal administrators. Visitors often send postcards from the UN building, as it is the only place in the world to get the distinctive United Nations stamp. Guided tours of the facility operate daily from the General Assembly Public Lobby. The tour shows the main Council Chambers, the General Assembly Hall, and art of the member states of the United Nations. The United Nations complex is notable for its outdoor sculptures and gardens, including the "Knotted Gun" sculpture, a gift from Luxembourg, and the former USSR's "Let Us Beat Swords Into Plowshares." Johnny Moon is a contributer to the New York City travel guide blog at http://www.NewYorkHotelDeals.us/blog ]]> http://www.artwoo.com/article/london-solicitor-advises-on-the-cost-of-not-having-a-lawyer http://www.artwoo.com/article/london-solicitor-advises-on-the-cost-of-not-having-a-lawyer#comments Sat, 12 Jul 2008 20:36:16 +0000 alternative dispute resolutionlegal proceedingsprudent personclaimantthree waysadrshortfall http://www.artwoo.com/article/london-solicitor-advises-on-the-cost-of-not-having-a-lawyer legal proceedings. If they work they are better for you and your business than pursuing matters through litigation. They are (1) communication between the parties; (2) communication between the lawyers; and (3) alternative dispute resolution or ADR as it is called for short. However, in relation to all three ways, you must adopt the maxim of:

"Hoping for the best and preparing for the worst".

While you hope that your negotiations, your solicitor's letters or ADR will be successful the prudent person also prepares for the possibility that you might have to resort to litigation. While you may not be aware of it, what you do and do not do before legal proceedings are commenced can affect your position in those proceedings should they become necessary. The obvious way in which your pre-action conduct can affect you is in the area of costs and interest rates. While (broadly speaking) the Court has no jurisdiction over parties unless/until they become involved in litigation, it nevertheless seeks to influence their conduct primarily through the threat of financial penalties.

Costs are, of course, an extremely serious issue both for the client and the lawyer. That is something that is recognised by the Court and reflected in the Rules. Thus, while the issue of costs is always within the discretion of the Court, it is usual in this jurisdiction for the unsuccessful party to be ordered by the Court to pay the reasonable costs of the successful party on what is known as the "standard basis". That generally translates into about 70-75% of actual costs leaving a shortfall for which the successful party will be liable to pay. Hence if those parties conduct themselves properly the successful party (let us say the Claimant) will recover 70-75% of actual costs from the Defendant. However, if either of the parties does not behave properly in the Court's eyes, that party is likely to be penalised.

(a) For example, the Court might consider that the successful Claimant has behaved in an inappropriate manner and is therefore not to be allowed any of its costs or as much of its costs as would otherwise have been the case.

(b) Alternatively, the Court may consider that the unsuccessful Defendant has behaved unreasonably and will order it to pay costs on what is known as the "indemnity basis" which entitles the Claimant to a recovery rate of more than the usual 70-75% of actual costs (sometimes -- in rare cases - as much as 100% of actual costs).

(c) Similarly, the Court is able in certain circumstances to penalise the unsuccessful defendant who has behaved in an unreasonable way by ordering it to pay interest on the claim at a higher rate (up to 10% above base!) than would otherwise have been the case.

If the parties can resolve the dispute between themselves and without the involvement of the lawyers then of course they should do so. However, if you have a dispute which you feel able to resolve yourself (and not all will fall into that category) you must be careful in case the dispute is not resolved in spite of your best efforts. What you say, write, or do during this stage of the dispute may prejudice your position should matters escalate to legal proceedings. Thus, for example, do you know when you should write on a "without prejudice" basis or a "without prejudice save as to costs" basis or on an "open" basis? Many people get these things wrong. Do you know what you should and should not be saying in each of those different categories of correspondence? Do you know what the Court considers to be reasonable and unreasonable conduct before litigation is commenced? Do you know whether your dispute is covered by any of the pre-action protocols? Do you know what documents you are obliged to provide at this stage and which documents you do not have to disclose now or ever?

Court is the last resort. Before letting slip the dogs of war explore first what can be achieved through the arts of peace -- negotiation, correspondence, expert advice, mediation and all the techniques of alternative dispute resolution.

This article is free to republish provided the authors resource box below remains intact.Robert Johnson is part of the Commercial Litigation department at Healys Solicitors in London and also aids the Brighton Solicitor office.]]> http://www.artwoo.com/article/business-the-legal-process http://www.artwoo.com/article/business-the-legal-process#comments Sat, 14 Jul 2007 03:20:01 +0000 necessary paperworkinitial paperworkvoir diresummary judgementplaintiffjurisdictionlawyers http://www.artwoo.com/article/business-the-legal-process
At some point in time it is likely that one will end up in a legal dispute of some sort thus I feel it is prudent to devote some time to this.

A standard legal process has nine steps. :

Jurisdiction =96 If a court is to hear a case it must have jurisdiction to hear the matter and the power to bind the parties.

Pleadings =96 they are the necessary paperwork for the trial to begin. The





plaintiff files the initial paperwork, referred to as a complaint or petition. In this paperwork the plaintiff will assert that the defendant has done a wrong and requests a remedy.

Discovery =96 Lawyers at this point in the process will gather together necessary information and witnesses before a trial. It is important to note that each side is allowed to see the evidence held by the other side. There should be no surprises.

Pre-trial conference =96 these are often held for federal civil cases and at this meeting lawyers and the judge try to organise and narrow the issues of the case to the most important ones to make the trial more efficient. At this point out-of-court settlements will often occur.

Trial =96 the trial is proceedings before the court. If a jury is selected the selection process is often referred to as voir dire. The jury decides the factual disputes and the judge interprets the law and instructs the jury. Should it be that the plaintiff's case carries no merit a summary judgement can be made by the judge, effectively ending the case without further trial.

Jury instruction by the Judge and the Verdict =96 The judge instructs the jury about the issues of law involved in its decision. The jury will then determine the facts and penalty within its authority.

Post-trial motions. This includes asking the court for a retrial and indicating why a new trial is warranted, the main reasons normally being errors of law or procedure, jury misconduct or unusual damage awards.

Appeal =96 Generally, each party of a lawsuit is entitled to one appeal at an appellate court. The paperwork supporting the basis for an appeal is referred to as a brief. It is filled with lengthy arguments and with citations of prior court decisions and applicable statutes to make the case for a new trial.

Secure or Enforce the judgement =96 Basically speaking, this can be as simple as send the person to prison or collect the money.

Parties can of course, settle a business dispute without the courts and bring in a neutral peacemaker who has two main methods at his/her disposal.

Mediation =96 the mediator has a non binding authority to direct the parties to a fair settlement. The parties can, however, back out if they do not like the decision.

Arbitration =96 an arbitrator has the power to bind the parties of a dispute. The decision is final and there are no appeals and the arbitrators are registered trained professionals. Naz Daud is the Founder of the CityLocal Internet Business Franchise Opportunity. http://www.citylocal.co.uk http://www.citylocal.co.uk/frontend/franchiseinfo.php?cityid=79 http://www.citylocal.ie http://www.ecademy.com/account.php?id=120141 ]]> http://www.artwoo.com/article/probate-auctions-on-e-bay http://www.artwoo.com/article/probate-auctions-on-e-bay#comments Mon, 29 Jan 2007 14:27:05 +0000 http://www.artwoo.com/article/probate-auctions-on-e-bay Whenever a person dies and leaves behind debt creditors, the administrator or executor of that person's estate faces certain challenges in quickly selling real and personal property in order to satisfy creditors. The probate process is long and drawn out, and every shortcut available should be sought in order to shorten the amount of time that property is tied up in the process. Recently, with the great success of E-bay, people have discovered a quick and efficient way to unload property in order to satisfy debts. Not only has E-bay made the general premise of auctioning easier, it has also made it more understandable and desirable to the masses.

It is the jurisdiction's Probate Court's responsibility to ensure all probate assets are collected, maintained, and distributed among the decedent's heirs, beneficiaries, and/or creditors in accordance with the will of the decedent as expressed through that person's testamentary will and the laws of that jurisdiction. This process is known as the administration of a decedent's estate, and it can cause great difficulties to even the most experienced executor. Once the person dies, the executor or administrator must first make an accounting to the Probate Court to determine the value of decedent's estate. Second, they must seek to pay any taxes or debts owed. Only after the debts and taxes are paid, do the decedent's heirs or beneficiaries get any of the probate property. As the probate process can often take more than a year, using E-bay, or other comparable online services can assist in satisfying the creditors and debts owed by the estate. However, it should be pointed out that under Massachusetts law, creditors do have one-year to make any claims against the estate.

Even a quick browse through E-bay listed properties presents many real properties for sale which are currently in probate. Utilizing E-bay and other online auction tools can allow a person to achieve the greatest value for the estate, since auctions can be held across the country, creating a true marketplace for the decedent's property. Online auction sites allow for the administrator or executor to realize a more accurate value for what is being sold. This tool can actually demonstrate that the executor has fulfilled his or her fiduciary duties. However, when selling real probate property over an online auction site, the administrator of the estate should first seek court approval. While auctioning off real property from a probate estate will help move the process along, it might not have a substantial effect on the overall speed of the probate process itself, though it can be of assistance in clearing up creditors and determining priority of payment. The true value of sites such as E-bay lies in their ability to allow the seller to achieve the greatest amount for the property as possible. While only hundreds might attend an auction in person, E-bay allows thousands of people to participate in the auction, all the while driving the price up and leaving more money to the estate.

The valuable advocate must have a clear understanding of the best ways in which to assist their clients or their client's estate in obtaining the best value for any property in probate. Utilizing newer technologies in order to gain value or speed the hassles of probate can create substantial good will in the eyes of the client or their estate. The role of the effective attorney is to reduce problems and headaches and to make life easier for clients. If an attorney can also reduce costs, increase value and speed along the probate process, he or she just might have found lifelong clients. Additionally, having a clear understanding of available technologies can help to assist executors of estates in fulfilling their fiduciary duties of successfully executing the intent of the decedent. This article was drafted by Nicholas Delaunt for the Law Firm of Goldstein and Clegg, LLC. This article is not intended as legal advice in any way, and if you wish to liquidate an estate through eBay, you should contact an http://www.goldsteinandclegglaw.com ]]> http://www.artwoo.com/article/how-mass-gen-law-93a-affects-online-businesses http://www.artwoo.com/article/how-mass-gen-law-93a-affects-online-businesses#comments Wed, 10 Jan 2007 14:27:09 +0000 consumer protection statuteelements sectionrequired elementsconsumers protectionmassachusetts general lawmassachusetts consumersection 9 http://www.artwoo.com/article/how-mass-gen-law-93a-affects-online-businesses Massachusetts General Law 93A, titled Regulation of Business Practices for Consumers Protection, is designed to protect those consumers who would otherwise be unaware of their legal rights. Mass. Gen. Law 93A. As it was originally drafted, 93A did not create a private right to sue, an issue which was quickly addressed by the legislature, and now both consumers and businesses can use 93A as a basis for enforcing their rights through private law suit. Unlike some other states, the Massachusetts consumer protection statute provides for an express, rather than an implied, right to sue for businesses who feel they have been victim of a deceptive or unfair act. It is often easy to spot a consumer protection issue with standard businesses, such as: bait and switch advertising, failure to disclose defects, price-fixing, faulty warranty claims and un-bargained for return/refund policies. It becomes much more difficult to determine when a consumer protection claim based upon Mass. Gen. Law 93A exists when the business involved is only involved in electronic commerce, and especially when that business is not located within the state.

When evaluating a potential consumer protection claim, it is necessary to keep in mind that the required elements are different for a business and a consumer. A consumer must follow certain procedural and substantive requirements outlined in section 9 of the act. Among other elements, section 9 requires a 30 day demand letter, a showing that they are in fact a consumer, an unfair or deceptive practice, and a showing of damages.

Businesses, especially online businesses, differ substantially in their required elements. Section 11 sets out the requirements for a business 93A claim, and requires that a business show:

That they are a "business" -- [involved in the conduct of any trade or commerce];

That the defendant engaged in an "unfair method of competition" or the defendant's actions were "unfair" or "deceptive;"

That these actions occurred primarily and substantially within Massachusetts (the burden is on the defendant to disprove this presumption as a defense); and

That these actions resulted in a loss to the business plaintiff of money or property, real or personal, for money damages to issue; or

That these actions "may have the effect of causing such loss of money or property."

Mass. Gen. Law 93A

Because of the openness of the internet, and the anonymity involved, it can be extremely difficult to demonstrate that a certain method was either unfair or deceptive. More difficult, especially in the context of an online business, is demonstrating that a certain act has the effect of causing damages or loss. Since online transactions vary in amount and since the market is continually expanding, it can be extremely difficult to demonstrate actual loss, or even potential for loss. Since each element must be present before filing a claim, the prudent advocate will research the facts of the case prior to initiating a 93A claim. Without the properly pled elements, most judges will discard with the case at the first possible opportunity.

In addition, online businesses present unique jurisdictional issues that may confuse the use of 93A for consumer protection purposes. In order for there to be any hope of applying 93A to an online business, the "unfair or deceptive act" must have primarily or substantially occurred within the Commonwealth of Massachusetts. When neither the deceptive/unfair act, nor the harm takes place in MA, a consumer protection claim will be barred based upon 93A, even if the victim is a Massachusetts resident or business. In the recent Massachusetts Superior Court case of Fillmore v. Leasecomm Corp., the judge dismissed a consumer protection claim brought by a Massachusetts company against a California company because the allegedly deceptive sales tactics and the unfair contracts were all consummated in California. Fillmore v. Leasecomm Corp., 18 Mass. L. Rptr. 560, 2004 WL 3091642 (Mass. Super. Ct. Nov. 15, 2004). In Fillmore, the plaintiff's pleadings failed the 'center of gravity' test applied for jurisdictional purposes, and the claim was therefore dismissed. When deciding whether or not to file a consumer protection claim in Massachusetts, it is best first to look at the act, the harm and the jurisdiction. The more that occurred within Massachusetts jurisdiction, the more likely the claim will be allowed to proceed. However, Massachusetts courts do find in favor of Massachusetts companies when all the elements, including the jurisdictional ones are met. If a contract was to be performed in Massachusetts, and the damages took place in Massachusetts, then the jurisdictional element will be met and the court will find for the claimant, as the Massachusetts appeals court did in Auto Shine Car Wash Sys. v. Nice 'n Clean Car Wash, Inc. In Auto Shine, the parties frequently met in Massachusetts, and the misrepresentation originated in Massachusetts. The court held in favor of the plaintiff for double damages, as there was a willful and knowing violation of Mass. Gen. Laws ch. 93A 58 Mass. App. Ct. 685 (Mass. Appeals Ct. 2003).

Filing a consumer protection claim presents a substantially increased level of evidence and jurisdiction requirements when your client is a business. Beware of the consequences and potential wasted time you may use when filing a claim without having every element met. Simply because Massachusetts provides for an express right for businesses to file claims, doe not mean that judges will be willing to overlook even the smallest discrepancies in the pleading requirements. This article was written by Nicholas J. Deleault, Pierce Law Center '07 and http://www.goldsteinandclegglaw.com/blogn of the law firm Goldstien and Clegg LLC, a http://www.goldsteinandclegglaw.com ]]> http://www.artwoo.com/article/explanation-of-nuans-name-search-reports http://www.artwoo.com/article/explanation-of-nuans-name-search-reports#comments Sun, 09 Nov 2008 16:43:23 +0000 nuans name searchsole proprietorshipsterritorial jurisdictionsincorporating a companyprince edward islandarticles of incorporationsearch reports http://www.artwoo.com/article/explanation-of-nuans-name-search-reports Nuans name search report is a seven-page report which is generated from the Nuans name search system which compares a proposed name or trade-mark with the database of existing names that have been registered anywhere across Canada.

The Nuans name search system is a computerized search system which contains a list of all of the company names, sole proprietorships, partnerships, business names and trade-marks registered in federal, provincial and territorial jurisdictions in Canada. The purpose of the system is to keep track of all names registered across Canada.

By comparing the proposed name against the Nuans name search system, any similarity existing between the proposed name and the names in the database, will show up on the Nuans name search report. This will allow you to determine whether you are planning on using a name for your company that is too similar to another name. It is important for your name to be as distinct as possible.

Nuans name search reports must accompany articles of incorporation when incorporating a company in the federal, Alberta, Ontario, New Brunswick and Prince Edward Island jurisdictions of Canada.

Some provinces and territories have their own secondary system and they do not except the Nuans name search report. However, it is still advisable to do a preliminary nuans name search through the Nuans system to ensure the name is available. There is no fee for a preliminary nuans name search.

The jurisdictions which accept Nuans name search reports are as follows:

Federal
Alberta
Ontario
New Brunswick
Prince Edward Island

The governments which do not accept reports from the Nuans name search system provide a list of any names that have been registered in their province or territory to the Nuans name search system and these names are added to the Nuans system database.

You cannot incorporate a company with a name that is exactly the same as another name already registered. When you go to incorporate a company the government must first know if that name has been taken. In order for the government to ensure that the name is free to use it needs to see a Nuans name search report or similar report depending on the jurisdiction. The report will show the government whether there is an exact name already registered for the proposed name you wish to use.

The Nuans name search report is also your way of determining whether there are additional conflicts to your name. The onus will be on you to look over the entire report and make sure you are not proposing to use a name that is even close to another corporate name or trade-mark since the owner of the name could still have a claim against you if your name is too similar and his or her company name has had a large presence in the marketplace for many years.

Each jurisdiction that accepts the Nuans Name search report will have its own Nuans report. If you are incorporating an Ontario company you will be required to obtain an Ontario Nuans Name Search report. If you are incorporating a federal company you will be required to obtain a federal Nuans name search report. If you are incorporating an Alberta company you will be required to obtain an Alberta Nuans Name Search report. If you are incorporating a New Brunswick or Prince Edward Island company you will be required to obtain an Altantic Nuans Name Search report. Despite the fact that each of these reports is different, all reports will search the Nuans database system for similar names across Canada.

It may seem that if you are registering a company in Ontario and another company in the Northwest Territories has a similar name, that this should not be a problem. With technology as it is today, companies are conducting business across Canada, if not across the World. You will have no idea whether the company with the name that you are proposing may at some time in the future be conducting business in the very province you wish to register in and then there would be a conflict. Further, the Canadian government provides that any company that is registered in any province or territory in Canada can apply to be registered to carry on business in another province or territory. It is therefore very important that your proposed name is distinct and descriptive.

Nuans name search reports are not required in Ontario and some other provinces when registering business names or sole proprietorships. In Ontario anyone can register the exact same business name or sole proprietorship as one registered already. However, it is advisable that you do a preliminary Nuans name search report before you register to ensure no one else is using the name regardless. It is always advisable not to use a name that is too similar to another name since this would be a conflict for your business in the long run. Some business names such as "Bell Canada" have a high standing in the marketplace because of the number of years the name has been registered and the number of people who know the name.

If you purchase a Nuans Name Search Report and the name you wish to use for your incorporation is on the report, you will not be allowed to incorporate with that name. It is therefore important that you do a preliminary Nuans name search first in order to ensure before hand that the name is free. Please note however that preliminary Nuans Name Searches are not fool proof and there is always a chance a conflict will show up on the full Nuans Name Search report that did not come up during the Preliminary Nuans Name Search. You can keep buying full Nuans Name Search reports but it will become costly. It is better that you check the name first with a Preliminary Nuans Name search.
You would need to contact a search house in order to have a preliminary name search performed.

It does not matter what the jurisdiction is where you live, since the search house can send you the report by email.

The names on the report are in order of importance with the first name being the most important. The very first name on the report will be the Proposed Name that you picked. Your Proposed Name is put into the Nuans Name Search System so that anyone else wanting to incorporate a company will know that you have already chosen that name even though you have not yet incorporated your company.

The next group of names will be those company names and business names that match your name to some degree in the order of how close they match your name.

The next section of the Nuans Name Search Report will show a list of the trade-marks that have been registered that are the closest in spelling to your name.

A Proposed Name is a name that is being reserved by the Nuans name Search System. The jurisdictions in Canada that accept Nuans Name Search Reports will not allow a company to be incorporated with a Proposed Name that has been reserved by the Nuans Name Search System. The Nuans name search report is evidence of that reservation.

A Nuans report is reserved for three months. If you have not yet had a chance to incorporate your company you can renew the search after or just before the Nuans Name Search report is to expire. If you are not ready to incorporate but you have a great name picked out you may wish to obtain a Nuans name search report to protect anyone else from using the name and then just renew the Nuans name search every three months until you are ready to incorporated.

Nuans Search Houses are trained on the best method of performing Preliminary Nuans Name Search reports in order to ensure that the most conflicts to your proposed names can be found prior to ordering a Nuans Name Search Report.

If you incorporate a numbered company a Nuans name search report will not be required since the government will provide you with the next number in line. An example of a numbered Ontario company would be a corporation having a name such as "9999999 Ontario Inc.". A numbered federal company might be a corporation with a name called "9999999 Canada Inc.". The numbers are given out consecutively. You cannot choose the number for your company.

For more information on Canadian corporate filings attend at Resources for Canadian Business Owners owned by Corporate Paralegal Services Ltd.Holly Crosgrey is a a paralegal with over 20 years experience in Canadian corporate law. She is the owner of Resources for Canadian Business Owners at http://www.canadianbusinessresources.ca. She also owns http://www.hollyscentsgourmetcandles.ca and http://www.hollyscents.ca and has a section on her website called E-Book Library devoted to internet marketing.She also is an avid internet marketer.]]> http://www.artwoo.com/article/why-a-will-is-not-enough-to-save-anna-nicole-smiths-baby-daughter http://www.artwoo.com/article/why-a-will-is-not-enough-to-save-anna-nicole-smiths-baby-daughter#comments Fri, 09 Mar 2007 22:27:06 +0000 probate courtprobate proceedingsavoid probateanna nicole smithcourt jurisdictionexecutorguardian http://www.artwoo.com/article/why-a-will-is-not-enough-to-save-anna-nicole-smiths-baby-daughter Anna Nicole Smith probate proceedings and much more information than I wanted to know about Anna Nicole's life events. Her reported death is everywhere: on TV, in print, magazines, online and everywhere else you can imagine. The media has made a circus of showing the legal battle going on in open court about the six-year-old will and interpretation thereof.

COULD YOU BE LEAVING THE SAME LEGACY AS ANNA NICOLE SMITH?

Would you want this to happen to you? The legal battles over the Anna Nicole Smith's estate will go on for years. An unintended myriad of problems and a legacy left behind about her life living and beyond the grave.

A will does not avoid probate. A will does not eliminate the estate tax. If you die with a will or without a will your personal and real property has to go to probate. If you have property in more than one state, each states' probate court has jurisdiction to probate the will.



What's probate? Probate is a public process whereby a local court of jurisdiction (probate court) assumes the responsibility of determining who gets what. The court will determine the legitimacy of your will? Was it written with undue influence? Is it the last will? Who is the true executor (i.e. the person who will make the distributions under court jurisdiction)? Did it assign custody for minor children?

The probate court will take inventory of your personal and real property. In addition, the probate court will assign and investigate claims made against your property from potential and real creditors and even assign accountants and lawyers to drag the process.

SO WHY HAVE A WILL? WHAT GOOD IS A WILL?

There are two legitimate reasons for having a will. The will enables:

(1) The assignment of a custodial guardian of minor children. (2) The assignment of an executor.

The assignment of choosing a guardian for your minor children is the most important aspect of having a will. Choose your custodian well, based on the love of your children as if you were going to be there. Traditionally, you would not choose the executor of your will to be the guardian of your minor children.



There's a balance to be had between the Executor and the Guardian of your children. The Executor would have some degree of control if there were to be any uncontemplated issues, later in time. All other aspects of the will can be highly contested by anyone having an interest in the outcome of any distributions. Even a very well drafted will becomes a public document and must go to probate in each state where the decedent had property.

Anna Nicole's will is a public document; even you can get a copy if you're interested. Final disposition and battle over her estate is going to play befor