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litigation Tagged Articles
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Governing your Corporate Website
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| You have just put the finishing touches on your new corporate website. Before you market your web presence and start attracting users to your site, be sure to implement proper governance policies to reduce the risk of expensive litigation. Use Demand Metric’s downloadable Privacy Policy template, and Terms of Use template as a base-line when creating these essential website policies. |
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The Effect of Litigation on the Mobile Home Park Business
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| One of the biggest news stories emerging from the embattled mobile home manufacturing and sales side of the industry is the current and proposed litigation concerning formaldehyde contamination in mobile homes. As you may or may not be aware, formaldehyde is used in the creation of the products that are used to build a mobile home, such as wood products, I believe. Recently, there have been some studies that may suggest the level of formaldehyde in some homes may exceed the safe level. But my question is what the worst-case scenario might be from litigation regarding formaldehyde, as it affects mobile home park ownership and operations. |
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Is Trust Broken?
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| Our trust factor seems to be decreasing every day. |
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Walking on Thin Ice, is Your Career Secure
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| Most people are looking for some form of security through a job, house or other means. This article takes a different look at the security issue. |
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Seven Steps To Downsizing
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| If you're like other companies that are scrambling to stay afloat in this economy, you might be considering downsizing. Letting someone go is always a difficult decision, so make sure you are acting rationally and intelligently when you're forced to downsize. Layoffs create risks for businesses. Employees may view a lawsuit as a way to minimize the impact on their personal finances. The savings you'll generate on your payroll and benefits costs may be negated by legal costs. Follow these guidelines to make sound decisions and avoid the costs of litigation. |
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Tips on Choosing the Right Consultant
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| You are aware of the need to expand your sales online, however, you don't have enough knowledge about web marketing to make informed decisions on potential consultants. At least you think you don't know. Here is a brief tutorial on best practices to prevent future SEO consultant heartache. |
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Defeating a Motion to Dismiss a Franchise Case in Federal Court
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| A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion. |
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Can a Choice of Forum Clause Force a Franchisee to Litigate In the Franchisor’s Home State?
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| A franchisee who has a grievance against his franchisor is not likely to want to pursue litigation in a distant forum, and thus may turn to a state court in his home state. The franchisor typically removes the case to federal court, 1 and then, invoking the forum selection clause in the typical franchise agreement, seeks to transfer the case to the federal court in the franchisor’s home state. |
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Employee Manuals: A Proven Way to Protect Your Business
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| Providing all employees of a company with the written policies included in an Employee Manual can prevent a business from facing unwarranted legal issues later. Learn how an Employee Handbook can prevent litigation and save a company money! |
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Why Human Resourses Protect
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| HR departments are established to protect workers and companies. |
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Franchise Financial Information
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| As dictated by the Federal Trade Commission (FTC), franchisors are required to give prospective franchisees a copy of their Uniform Offering Circular (UFOC) document, which contains financial and material information about the franchisor. |
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Top 10 List to Avoid Litigation
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| Many employers are looking for tips and advice to survive the maze of employment issues that come with having employees. While there are many important factors to consider, the following is my Top 10 List of ways to avoid litigation. |
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Is Your Organization Effectively Deploying the Human Capital It Needs to Compete?
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| Most organizations understand that effective management and deployment of assets can mean the difference between success and failure. But many organizations fail to consider their most critical asset – human capital.
A recent study by McKinsey & Company revealed that “A” performers tend to be 50-100% more productive than “C” performers. Clearly, identifying the “A” performers can enhance an organization’s performance. So, how does an employer identify the “A” performers, and once identified, how does an employer retain them?
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Sales Skills For Service Professionals Part 3
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| The third of three skills everyone who sells a service needs to develop is the ability to relate moving stories and metaphors. |
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10 Things you need to know before entering into a contract
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| While litigation may sometimes be your only recourse, many times it is a result of signing a bad contract or not fully examining the contract you have signed. Here are ten things to know before entering into a contract that can help protect your business and your assets: |
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What is in a Franchise UFOC
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| There are 4 parts to a Uniform Franchise Offering Circular. We list them here, along with some things to keep in mind for each section. |
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About Franchise Lawsuits
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| Always look into a company's background before you decide to invest in a franchise. After all, the last thing you want to do is throw your money into a concept that carries a history of trouble. |
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How Can You Get Out of a Franchise?
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| The law tends to favor the franchisor over the franchisee when it comes to breaking a franchise contract, primarily because franchisors are able to limit their liability via UFOCs and franchise agreements with built-in clauses and disclosures. |
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The rising importance of commercial arbitration in crossborder transactions
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| Cross-border business transactions have augmented the need for competent appropriate arbitration systems |
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Explaining the UFOC
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| The UFOC should be presented at the time the franchisee is asking for information. It sets the guidelines, which the franchisee and the franchisor are supposed to follow. |
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Video Forensic Expert Witness
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| Video forensic expert witnesses can play key roles in litigations. Expert witnesses have enough expertise in an area like forensic evidence that others can legally rely on their opinions. After closely examining the evidence, video forensic expert witnesses help lawyers determine if the case should be dismissed or if the evidence should be removed from the case. They also help law enforcement understand how to use police car video footage and help defendants understand and authenticate footage. |
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Video Forensics: Standard Operating Procedures
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| In video forensics examinations, poor video quality results in the need for video clarification. Mac and PC based forensic processes enhance picture quality and sound. It’s important to use original video recordings in all litigations because they have better quality than copies. |
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Real Trust Isn’t About a Contract
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| Trust can't be mandated and contracts don't rely on it. No contract can contain all the elements and contingencies. Trust is the only thing that can ensure that contract terms are respected and fulfilled. Read why this is so. |
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Four Tips on Hiring a Video Forensic Expert
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| Because video forensics experts are not created equal, there are several things to be aware of when choosing a video forensics expert to help with litigation. Examine your need, the video forensic expert’s experience, the video forensic expert’s communication, and cost. |
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Other litigation Related Articles
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Use The Court of Public Opinion for Litigation Support - Get The Public On Your Side When Stakes Are High
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| Winning or losing in the court of public opinion can be just as important as what happens in the halls of justice. Lawyers and their clients need to develop litigation media relations strategies as part of their overall litigation support weapons. Media is a tool in your bag, you've got to use it. If you don't know how, or don't have the time, contact a public relations professional to help |
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Franchise Your Business Right Away and Only Pay As You Go
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| A successful Franchise System boils down to three things: Structure, Systems and Training. Without these key components the Franchise will either end up in litigation or fail within the first couple of years. |
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Prescription For Attorneys To Use Litigation Public Relations, From “The PR Doctor
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| The use of public relations in litigation is becoming more and more prevalent in today’s world. Litigation PR is defined as the management of the communication process during the course of any legal dispute or adjudicatory processing so as to affect the outcome or its impact on the client’s overall reputation. In today’s world it is more and more common to see law firms being assisted by PR consultants and counselors. “The PR Doctor” has a prescription of ten (10) tips for attorneys to assist them in influencing the outcome of the litigation, protecting their client’s reputation before and after the litigation, making a client’s viewpoint known, ensuring balanced media coverage, helping the media and the public understand complex legal issues, defusing a hostile environment and helping resolve the conflict. Here are the ten tips. |
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What You Should Know About Your Franchisor Before Signing On
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| You are required to choose the right franchisor, if you want to succeed as a franchisee. For that, check out the brand-name of the franchisor as well as the litigation history of the franchise. |
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Winning Outside the Courtroom
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| How A Solid Litigation PR Strategy Can Assure Victory, Regardless of What Happens in the Courtroom |
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Top 10 List to Avoid Litigation
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| Many employers are looking for tips and advice to survive the maze of employment issues that come with having employees. While there are many important factors to consider, the following is my Top 10 List of ways to avoid litigation. |
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Extreme Measures
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| Companies practice CYA because not doing so opens them up to frivolous litigation. What about our personal responsibility? |
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The Effect of Litigation on the Mobile Home Park Business
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| One of the biggest news stories emerging from the embattled mobile home manufacturing and sales side of the industry is the current and proposed litigation concerning formaldehyde contamination in mobile homes. As you may or may not be aware, formaldehyde is used in the creation of the products that are used to build a mobile home, such as wood products, I believe. Recently, there have been some studies that may suggest the level of formaldehyde in some homes may exceed the safe level. But my question is what the worst-case scenario might be from litigation regarding formaldehyde, as it affects mobile home park ownership and operations. |
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Defeating a Motion to Dismiss a Franchise Case in Federal Court
| |
| A motion to dismiss a complaint in federal court is a relatively inexpensive method to terminate litigation against a defendant. It has the advantage of not revealing the strategy of the defendant’s case while putting the plaintiff in the position of losing his case at the very beginning of litigation. If the defendant loses his motion to dismiss the complaint, he has lost virtually nothing, while the loss of the motion by the plaintiff is devastating. While a motion to dismiss the case can be appealed, the better course of action is to prevail at the district court level. Therefore, a plaintiff must make all possible efforts to defeat this motion. |
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Original Footage Vs. Digital Video Copies
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| As a video forensic expert, I want to examine original video when it is submitted as evidence in litigation. When anyone makes a copy, they have the discretion to copy only the video they feel is relevant instead of all the video recorded regarding the events that actually took place. It is crucial to preserve the original footage’s multiple views of the incident in case of necessary forensic examination. If I can prove scientifically that the original footage-needed to view the facts as they originally occurred-has been intentionally deleted, then I have served a purpose in that litigation. |
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