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Should your small business file for bankruptcy? If you find yourself asking this question, you’re not alone. Filing for bankruptcy doesn’t necessarily mean throwing in the towel. On the contrary, it may just mean a fresh start for you and your business. Here are five factors to mull over when deciding if your business should file for bankruptcy: Personal bankruptcies can sometimes be handled by individuals without professional legal help, but the stakes are even higher when it comes to business bankruptcies....

Is it possible to win a blackout lawsuit? Plaintiffs in a just-filed class action suit against Arizona Public Service, the utility company responsible for last week’s 12-hour Southwest blackout, think so. Accusing the company, along with San Diego Gas & Electric, of negligence, the lawsuit seeks an unspecified amount in compensatory, statutory and punitive damages on behalf of affected customers living in California. At this juncture, APS has effectively admitted that the blackout, which included parts of Arizona, California and Mexico, was the result of an employee error and malfunctioning procedures....

Millions of Americans will tune in February 5 to see the Giants and Patriots play in Super Bowl 46. Some might even want to wager a bit of money on the game. Which begs the question – is Super Bowl gambling illegal? The answer may hinge on whether or not your state has social gambling laws. It’s an issue that is important to many sports-loving Americans. After all, an estimated half of all adult Americans bet on the Super Bowl....

You may have heard the term ‘class action lawsuit’ before, especially when it comes to large companies being sued by a bunch of disgruntled customers. While the majority of lawsuits are filed by one party against another single party, a class action allows many parties who are similarly injured or situated to bring one lawsuit, for the sake of consistency and efficiency. For example, one person injured by a defective car could sue the car manufacturer, but if the defect is widespread and causes many injuries, all of those affected could sue the car manufacturer collectively, under a class action claim....

Utah gets the First Mover award again in the DUI race. The state was the first to lower blood alcohol content (BAC) limits from 0.10 to 0.08 back in 1983, and now they are the first in the country to make the next dip, down to 0.05. Will this change things? Some are saying the only thing it will change is Utah’s public image. Utah state Rep. Norm Thurston, a Republican, sponsored the bill to lower the DUI limit to 0....

We’ve said it before and we’ll say it again: “Everything ends badly, otherwise it wouldn’t end.” And while there are exceptions to that rule, when it comes to breakups, the exceptions prove the rule. Jilted exes can take the end of a relationship hard. And although not all exes turn into stalkers after a breakup, it’s far too common for a better half to feel threatened by their former partners. And if your exes unhappiness with the split turns in to stalking, you do have legal options to keep you safe....

Usually the first question green card holders, or immigrants with permanent residence status, ask their divorce lawyer is whether their divorce will have an impact on their immigration status. Although getting divorced does not mean a green card holder will automatically be deported, if your green card was based on marriage and is still in conditional status, a divorce can make it more difficult to lift the conditional status and legally stay in the US....

A victim who was paralyzed by the infamous “affluenza” teen driver is set to receive more than $2 million in a settlement for his life-changing injuries. Sergio E. Molina, 17, was one of 12 people injured when Ethan Couch drunkenly wrecked his pickup and killed a stranded motorist along with three Good Samaritans. According to The Associated Press, Molina has been hospitalized since the accident last June and has only enough movement to smile and blink....

Rodents are to blame for two campers’ Yosemite virus deaths, and as many as 1,700 other Yosemite National Park visitors may have been exposed to the virus, officials said Tuesday. “I know they are actively trying to notify people,” the public health director for the National Park Service told the Associated Press. Still, the park service could face potential claims and lawsuits. The two deceased victims contracted hantavirus pulmonary syndrome, a disease caused by a virus that’s carried in the saliva, urine, and droppings of infected rodents....

The American Recovery and Reinvestment Act of 2009 changed the tax code to increase the period of time over which small businesses may offset 2008 losses with prior year tax refunds. To maximize benefit from the new rules, care should be taken in choosing how to use the carry-back provisions and selecting the period over which to offset 2008 losses. As explained by AICPA’s Tax Insider, under the old rule (IRS Sec....

Despite dealing largely with one of life’s must unchanging truths – that everyone ages and eventually must die – estate planning is a surprisingly ever-changing area of law. Not only do the laws governing estate planning change over time, but so to the techniques used by estate planning attorneys to address their clients’ needs. With the popularity of cremation on the rise, questions regarding the legality and logistics of scattering ashes have become more common....

A 29-year-old man in Tennessee apparently has been really busy … fathering children, and now appearing at the court house, that is. KAKE reports that Desmond Hatchett is claiming to have fathered 20 and just maybe 21 or more kids (he says he knows all their names and ages) by at least 11 different mothers. Desmond Hatchett’s circumstances surfaced after Tennessee authorities took him to court for failing to pay his child support, which considering he reportedly earns minimum wages, might not be too surprising....

With services like Twitter, Facebook and Yelp, every smartphone-carrying customer has the power to shout your business mistakes to the world. While large corporations have the advertising power to influence public opinion, a small company may need to protect themselves if a customer goes too far and defames the business. However, if you sue over a legitimate, non-defamatory comment, you may be using what is known as a SLAPP suit....

Hiring the right employee is an inexact science. After all, a person who seems like your “dream candidate” during an interview may turn out to be a nightmare once he is actually working. As a result, you may need some tips from successful entrepreneurs who’ve successfully found their dream employees. For a small company, hiring the wrong worker can be especially damaging. You not only waste your money paying an employee who is a bad fit, but you also waste your time by training someone who may contribute very little to your company....

The American Civil Liberties Union has had enough of the U.S. Border Patrol’s antics in Washington’s Olympic Peninsula. The ACLU has sued the agency for unjustifiably stopping people based on race . The ACLU is seeking class-action status for their lawsuit, Reuters reports. They claim the “Border Patrol’s actions have created a climate of fear and anxiety.” Among the accusations, two Latino and a black man claimed they were subjected to racial profiling....

Guest post by Jennifer K. Halford, Esq. I was recently asked by a business owner if she should change from a sole proprietorship to an LLC. She had been told that an LLC will shield her personal assets from the debts of her business. That fact is generally true. But liability protection is not the only factor to consider. The answer to her question is much more complex. Changing your business structure has tax and liability consequences that require thoughtful consideration....

When a California billionaire fathers two children out of wedlock, how much should he have to pay in child support? It appears the question is headed to an Orange County jury in a massive child support case. Billionaire land developer and Irvine Company chairman Donald L. Bren is being sued by his former lover, Jennifer McKay Gold (super ironic last name), and two of his children which he fathered with her....

If you’ve seen the recent headlines about Michael Hershey–a car salesman charged with murder for ending a test drive with a flipped car and a dead customer–then you’ve probably been wondering about employer liability for employees with criminal records. Hershey had a long history of reckless driving, DUIs, and harassment, making him ill-suited to conduct test drives, reports The Inquirer. The family is now suing the car dealership for its failure to disclose Hershey’s driving record and for permitting him to get behind the wheel....

Moving out of state with a child in joint custody can subject you to a kidnapping charge. If you want to move out of state and you share custody of your kid, you will need to make a deal. You can come to an agreement with the other custodial parent or with the court. But do not just move without making an official arrangement. Joint Custody Defined Joint legal and physical custody means you share the right to make long-term decisions about the child’s welfare and arrange to share time....

The number of hate crimes reported in 2016 was already the most in the past five years. That trend sadly continued into 2017, with the FBI reporting a surge in hate crimes unseen since the wake of the terrorist attacks on 9/11. Especially troubling was the spike in anti-Semitic hate crimes, coupled with several incidents (like the murder of Heather Heyer during a white supremacist rally) that the FBI failed to classify as hate crimes....