Posts

Married small business owners often overlook a common reason why some businesses fail: divorce. In most states, one spouse’s small business can be considered a marital asset or marital property. When a couple divorces, assets need to be divided, and that small business can be a couple’s largest asset. That’s why it’s important to make sure your business is divorce proof from the outset. Fortunately, there are ways to protect a small business after a divorce has been filed....

The ACLU has filed a federal lawsuit challenging a Louisiana sex offender law on the grounds that it is vague and overburdens the First Amendment rights of sex offender registrants. The law, which went into effect on Monday, limits the ability of sex offenders with juvenile victims to use social networking sites, chat rooms, and peer-to-peer networks. Arguably, the law also bars usage of traditional news sites, job boards, and e-mail....

A new rule allowing partial DNA matches now provides NY law enforcement with some extra help tracking down criminals. According to the New York Times, a controversial new state rule now allows investigators to take DNA from a crime scene that does not exactly match someone in the state’s DNA database and pursue suspects whose DNA that closely resembles that of someone on file. This sophisticated means to track down criminals is called a partial DNA match....

Your Uber experience is getting a little safer. In a nod to the old adage that injured customers and cranky employees – I mean, independent contractors – are bad for business, the ride-sharing company is rolling out a feature forcing Uber drivers to take 6 hours off after driving for 12 hours. It’s a move aimed at keeping people safe, behind the wheel, in the backseat, or while crossing the street in a downtown area....

As the holidays draw nigh, many business owners are choosing to forgo parties and holiday bonuses, worried about a slowly recovering economy. While it may seem Scrooge-y, it might make financial sense to cut back on extra spending when profits are slim to nil. An Office Depot survey found that 57 percent of businesses had “no plans to buy holiday gifts for clients or staff,” reports the Pittsburgh Post-Gazette. Should your small business ditch the festivities and bonuses this year?...

The Los Angeles School District has agreed to pay $5 million to settle claims that it failed to supervise a former teacher who molested a student. The settlement comes on the eve of a re-trial, ordered after a change in California’s sexual assault laws. Here’s a look. In 2010, math teacher Elkis Hermida, teaching at a southeast Los Angeles middle school, initiated a six-month sexual relationship with a 13-year-old student. After finding out, the girl’s parents sued the Los Angeles School District in 2011, claiming the district was guilty of negligent supervision....

Following a district court ruling saying two Texas immigrant detention facilities were unsuitable for housing children and families, the state released over 400 women and children from custody, essentially dumping them at their attorneys’ door in the middle of the night. Busloads of detainees, most of whom migrated from Central American countries and are seeking asylum, were delivered to the Refugee and Immigrant Center for Education and Legal Services (RAICES) in San Antonio over the weekend, after a judge ruled that the license under which the two facilities operated “runs counter to the general objectives of the Texas Human Resources Code and is, therefore, invalid....

Do you know what to ask your home inspector? Getting a home inspection before you buy a house is important, as it may reveal hidden problems about the property that you were not aware of. And, asking the home inspector questions can help further increase your knowledge and help you determine if your dream home really is your dream home. Knowing that home inspections are important is one thing. Knowing what to ask your home inspector is a whole other issue....

You’ve done your best to create a friendly workplace, and you were confident that there was no discrimination or harassment in your office. Still, you received a complaint from the Equal Employment Opportunity Commission (EEOC), and now you have to figure out how to respond. Here a few things to keep in mind if you receive and EEOC complaint. It’s Not Too Late Just because you’ve received a notice from the EEOC, that doesn’t mean the process is over – in fact, the charge handling process has just begun....

You are divorced and receive alimony … normally. But now your ex is not paying and you are in a financial bind. What can you do? You can turn to the courts to get your alimony order enforced. Failure to pay court-mandated spousal support can subject the violator to contempt charges. But unlike child support, failure to pay alimony will not result in wage garnishment, liens, or some of the more extreme enforcement tactics....

Yesterday, a Texas court freed Richard Miles, who was serving 40 years for a murder committed in 1994. Prosecutors admitted that Miles’ trial had been tainted by failure to notify Miles or his attorney of another man’s confession, and that Miles is likely innocent. Miles’ attorneys will press on – with the aim of a formal finding of innocence, which would entitle him to compensation for the 15 years he spent behind bars....

The owner of the so-called “Dirtiest Hotel in America” has lost his TripAdvisor lawsuit for defamation. Kenneth Seaton, owner of the Grand Resort Hotel and Convention Center in Pigeon Forge, Tennessee, filed a $10 million lawsuit against the travel website, alleging TripAdvisor used a flawed rating system based on unreliable rumors, Reuters reports. But can a hyperbolic “Dirtiest” list be defamatory? Typically, businesses can bring defamation lawsuits when a reviewer posts false information and lies....

Michigan, Missouri, and Utah all added their names to the list of states that have legalized marijuana, to some degree. While Missouri and Utah approved initiatives to allow medical marijuana, Michigan became the first Midwest state to legalize recreational marijuana use. Not only that, but more local decriminalization measures were successful as well. Here’s a look at 2018’s “Green Wave.” Along with state legalization efforts, several Ohio cities voted to decriminalize marijuana, and cities and counties in Wisconsin approved nonbinding ballot questions calling for weed reform....

The last two major mass shootings, in San Bernardino and Orlando, didn’t happen in public parks or streets – they happened in places of business. This has a lot of employees wondering if they can bring guns to the workplace for self-protection and a lot small business owners wondering if and how they can ban firearms in their businesses. Small businesses of all kinds are intersections of owner prerogatives, employee interests, and customer rights – so how do these balance out when it comes to guns at work?...

Are your business travel expenses deductible? It’s good to know if your travel expenses qualify for deductions, because it can mean more money for you and your business. Business travel expenses are incurred anytime you spend money on a work-related travel cost. This can include expenses like car rental, airfare, lodging, and even dining or entertainment (if you have to take a client out, for example). Some of these may be tax-deductible and can help your business save some money when Tax Day rolls around....

We’ve all heard horror stories about someone hiding or destroying contraceptives, or poking holes in a condom. There’s a term for that: birth control sabotage. But is it illegal? The major concern: Contraceptive sabotage forces one partner into having unprotected sex. That could result in reproductive coercion – a.k.a. a baby that someone thought he or she took steps to prevent. Or even more dangerously, it could lead to a sexually transmitted disease....

Read the third line from the bottom … C, F, D, T. Did you pass the vision test when you got your driver’s license? Do you have 20/20 vision? If you need prescription glasses or contact lenses, you probably have a restricted driver’s license. But unless you wear your glasses everywhere you go, you may forget to wear your glasses every once in a while. Can you get a ticket if you drive without your glasses?...

Nurses play a critical role in medical care and they can be named in a medical malpractice suit. But realistically, your lawyer will look for more defendants, particularly institutions with serious liability insurance whose failure to monitor the nurse might also be blamed for an injury. Negligence in medicine is often not the fault of a single individual, so the institutions that employ medical professionals are included in a lawsuit. Whoever is involved in patient care will be scrutinized and administrators of hospitals and care facilities, such as nursing homes, have to defend policies and practices, training, and more....

Criminal convictions can make nearly every facet of a person’s life miserable. Even minor criminal convictions that people don’t ordinarily even consider criminal, like traffic tickets, can upend a person’s life. Sadly, when it comes to a civil injury case, criminal convictions can matter significantly. While not all convictions will have a significant impact, more recent and more serious convictions are likely to pose more of a challenge. It is important to note, however, that state laws will vary regarding what kinds of convictions can be used in both civil and criminal courts and when....

Syrians have been fleeing their war-torn country in droves over the past few years, sparking a humanitarian crisis in Europe as refugees try to find safe haven in Europe and America. On Friday night, a terrorist group operating in Iraq and Syria conducted a series of attacks in Paris, killing hundreds of civilians. In response, conservative governors have been lining up to announce they won’t allow Syrian refugees into their states....