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After you write a will, what happens if one of your beneficiaries dies before you do? This question pops up from time to time in our FindLaw Answers Wills, Trusts, and Estates forum. In most states, when a beneficiary dies before the will maker, the gift originally left for the beneficiary may go to the beneficiary’s heirs, if the beneficiary is a relative of the will maker. But if the deceased beneficiary isn’t related by blood to the will maker, then the gift could potentially lapse – meaing that the beneficiary’s heirs won’t be able to receive it....

Potential or current business owners often ask: what is debt financing? In order to illustrate the importance of that question, let us offer another one: Besides poor management, what is the top reason why a business fails? Poor concepts? Lack of advertising? Down economy? Actually, none of the above. Inadequate or ill-timed financing, known as cash flow problems, are the second most cited reasons for business failure. If you are considering starting a business, or if your business is already up and running, debt management and cash flow demand your attention....

The legal doctrine of fair use allows you to use copyrighted material for certain purposes without permission from the copyright owner. Stated otherwise, fair use is a defense against a claim of copyright infringement. If your use of copyrighted material qualifies as fair use, it would not be considered illegal infringement. To be considered fair use, your copying must be limited and serve a “transformative” purpose. To determine whether your use of a copyrighted work is fair, the court will typically perform a balancing test by weighing the following four factors:...

Quite a few eyebrows were raised when Travis Reinking, the man who allegedly killed four people in a Nashville area Waffle House, was initially booking on a $2 million bond following his arrest. That meant that, potentially, Reinking could be out of jail if someone was willing to post ten percent of that amount, give or take $200,000. Another judge corrected that error earlier this week, revoking Reinking’s bond, and insuring he will remain in custody until at least May 7....

Working in winter weather is never a picnic, especially in the midst of a “bomb cyclone,” whatever that is. Still, commerce doesn’t take a holiday when it’s cold out, and from postmen to presidents, most of us still have to go to work in cold weather. Here are some of the most common winter work injuries, and what you can do about them: We may not always think of a cold, flu, or other sickness as work-related injuries, but if your job exposes you to conditions or people who get you sick, do you have any recourse?...

In a near-unanimous decision, the Supreme Court found that Abercrombie’s decision not to hire a Muslim woman based on her decision to wear a headscarf could constitute religious discrimination. Justice Anton Scalia, who called the decision “really easy,” wrote: “An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions.” While Samantha Elauf’s case has to go back to the lower courts for a final ruling, there is plenty to glean from the Supreme Court’s ruling....

The holiday shopping season and “Cyber Monday” are almost upon us, so if your small business has an online store, it’s time to take note of some common e-commerce mistakes to avoid. Black Friday is still a big day for sales, but Cyber Monday is now increasingly important. Most people may head back to work on the Monday after Thanksgiving, but many are not quite ready to be doing work. If your website has a user-friendly shopping section and some good deals, it can work wonders for your bottom line....

A workplace shooting at Hartford Distributors, a local beer company in Manchester, Connecticut, has left nine dead and others injured as a disgruntled employee opened fire early Tuesday morning. The shooter has been identified as 34 year-old Omar Thornton, a truck driver for the beer and wine distribution company. Thornton was scheduled to face a company disciplinary hearing the day of the shooting. According to the New York Times, Thornton fatally shot himself with his riffle as the police approached....

Maricopa County officials are set to tackle jail inmate care with a new $10 million electronic medical records system. The electronic medical records system is designed to improve inmate care and is being rolled out after officials failed to properly document and manage medical data for thousands of jail inmates, the Arizona Republic reports. The new system will centralize medical records and will help to reduce the county’s scattered paper files and limited computer records....

Details from a report by the C.I.A.’s Inspector General in 2004 into detention and interrogation practices in the War on Terror are finally seeing the light of day. What’s inside appears to have factored into Attorney General Eric Holder’s decision to appoint a special prosecutor to investigate whether violations of U.S. law occurred. First, if this report is from 2004, why is it just being acted upon now? As described by Human Rights Watch attorney Joanne Mariner, who wrote a breakdown of the report’s contents and importance, the report was classified “Top Secret” in 2004....

Employers often have questions about the scope of employee or job applicant background checks, and sometimes a lack of information can lead to legal liability. For business owners who plan to check on an employee or potential employee’s credit history, a company must be very careful not to violate consumer protection laws – specifically the Fair Credit Reporting Act (FCRA). Here are five potential ways to legally protect your business from FCRA suits when checking employee or applicants’ credit:...

U.S. Commerce Secretary John Bryson was cited for felony hit and run in a series of crashes Saturday that his agency blamed on seizures. Bryson, 68, was driving a Lexus in Los Angeles and allegedly rear-ended a Buick that was stopped at a railroad crossing about 5 p.m., the Los Angeles Times reports. Bryson was alone in the vehicle. Bryson spoke briefly with the men in the Buick, but then allegedly left the scene — crashing into the Buick a second time as he drove away, investigators told the Times....

Denver-area refinery Suncor’s benzene problems have some employees worried. The Suncor refinery’s water may have been contaminated with a potentially carcinogenic substance. Small amounts of benzene were detected in two faucets in the facility. The other faucets were determined to be clean. The problem may have spread to areas even outside the refinery. The contaminants may have seeped underground. Tests indicated high benzene levels of 48 times the limit some nearby waterways....

Every startup should have a Nondisclosure Agreement (NDA). NDAs protect the privacy rights of trade secrets. In essence, they keep private information private. If the agreement is a one-way NDA, then it protects the rights of the person that drafted the agreement. If it’s a two-way NDA, both signing parties have protected their private discussion. It is one of the best ways to protect ideas so as to be able to have meaningful conversations with buyers, suppliers, potential employees, and investors....

Opponents of the SB1070, the new Arizona immigration law, are claiming a partial victory after a federal judge issued an injuction blocking the state from allowing police to question people about their immigration status. Under SB1070, signed by Arizona Gov. Jan Brewer in April, police were expected to “make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested” if the if the arresting officer has a “reasonable suspicion” that the person is an illegal immigrant....

The first lawsuits have been filed after a fatal FedEx truck and bus crash in northern California that killed 10 and injured 34. The April 10 accident on Interstate 5 near Orland involved a FedEx big rig crossing the median and slamming head-on into a tour bus filled with Los Angeles-area high school students. The litigation stemming from the collision will likely focus on who was responsible for the deaths and injuries caused by the collision and ensuing fire, which may be a bit more complicated than the facts make it sound....

Happy Arbor Day! Though the day’s goal is to inspire people to plant and celebrate trees, you may also be wondering if it’s legal to cut down trees – especially when it’s a neighbor’s tree that’s somehow interfering with the enjoyment of your property. Many people also wonder if it’s legal to cut down a tree in the forest for personal use, such as for firewood or even to harvest your own Christmas tree....

A gay couple from New Jersey has sued a political group that used their engagement photo in an anti-gay attack ad in Colorado. But so far, the result in the courts has been mixed. A federal judge has dismissed part of the couple’s case against Public Advocate of the United States, a Virginia-based company that created a mailer against a Colorado political candidate using a doctored version of their engagement photo, reports The Denver Post....

An 11-year-old girl was fatally electrocuted in a swimming pool when she was practicing with her team at a local swim club. Authorities are investigating what caused the accident. Lauren Cecil of Lexington, North Carolina, was swimming with two other girls when a power line snapped and fell to the ground at the swim club Tuesday night, sending an electric current into the water, reports WGHP-TV. Lauren was electrocuted just as she tried to get out of the pool....

The California Supreme Court ruled this week that Alzheimer’s patients aren’t liable for injuries inflicted on in-home caregivers. The Court found that the protection against liability that Alzheimer’s patients already have in California against nursing home workers should also apply to suits by home aides. In both instances, according to the Court, the workers assume the risks inherent in their job duties and are thus barred from recovery for any injuries they suffer while performing their duties....