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What is Health Care Law?

What is Health Care Law?

Health Care Law

What-is-Health-Care-Law-300x200 What is Health Care Law? Lawyer Palm Springs | Orange CountyHealthcare law pertains to who can receive healthcare, and who should pay for it. Given how expensive healthcare can be in the US, this is a surprisingly complicated area of law.

Additionally, the laws pertaining to who medical insurance companies can and must cover are constantly changing as policymakers attempt to identify a way to offer health care to the most number of people at the least cost.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Role of a Healthcare Lawyer

As healthcare is so expensive, there are various government programs to help people in the United States for medical services, such as Medicaid, Medicare, and Social Security Disability Insurance. Attorneys help patients apply for benefits and make sure that they receive the payments that they are entitled to.

Healthcare lawyers also assist families in planning for long-term care and elder care. People are living longer now, and this means that medical care usually becomes more and more costly. Additionally, these elderly patients usually lose their physical or mental abilities to care for themselves.

Families can plan for the future by setting aside funds for medical costs, creating a living will, and choosing the type of long-term care services to use beforehand.

Lastly, healthcare lawyers work with medical care providers and patients to make sure that the rights of the patients are upheld, including the right to informed consent. This right requires physicians to educate patients about their medical options before they make a decision and respect their right to privacy in their medical records.

In addition, healthcare law controls what procedures doctors may or may not undertake, especially controversial procedures such as abortion and assisted suicide.

Terms to Know

  • Estate Plan: This is a collection of documents which establishes what happens to a person’s assets after they pass away and creates a plan if that individual becomes incapacitated in the future.
  • Trust: A trust is a legal arrangement in which a person’s assets are put in another individual’s care for the benefit of a third person. It can be a beneficial approach to plan for future medical costs.
  • Living Will: A legal document that lays out a patient’s medical preferences. This is useful when that patient is not able to manage their own medical care.
  • Power of Attorney: A legal documents which designates an individual to make financial or medical decisions on behalf of another person.
  • HIPPA: The law requires health care providers to keep the patient’s medical information private.
  • The Affordable Care Act: This law requires employers to offer medical insurance for their employees and requires people who are not covered by employers to acquire their own insurance.
  • Managed Care: A Medicare plan which endeavors to coordinate the care of a patient to a single network of providers.

Related Practice Areas

  • Estate Planning: This involves creating trusts, wills, and other estate planning documentation.
  • Elder Law: This practice area pertains to all the legal facets of aging including health care law and estate planning.
  • Insurance Law: Insurance lawyers assist insurance companies in establishing how much to pay their clients as well as advocate for clients to ensure that they receive all benefits.
  • Medical Malpractice: This area of law establishes the standards that health care providers must follow when treating patients.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Health and Safety Law?

Health and Safety Law

Health-and-Safety-Law-palm-springs-300x169 What is Health and Safety Law? Lawyer Palm Springs | Orange CountyHealth and safety laws exist to protect the health, welfare, and safety of the public in general. Certain sections of the population such as employees are protected under health and safety laws.

In general, a civil law system exists that will cover most medical and safety laws.

The Occupational Safety and Health (OSH) Act was put in place to “assure safe and healthful working conditions for working men and women.”

The OSH Act is the basis of the Occupational Safety and Health Administration (OSHA) at the federal level and provided that states operate their own safety and health programs as long as those programs were at least as effective as the federal level programs.

OSHA primarily handles the enforcement and administration of the OSH Act in states under federal jurisdiction. In states under federal jurisdiction, the safety and health standards pertaining to field sanitation are enforced by the US Department of Labor’s Wage and Hour Division (WHD).

The responsibility for the administration and enforcement of the laws instated to protect the safety and health of workers in the US lies with three Department of Labor (DOL) agencies.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Occupational Safety and Health Administration

  • OSHA implements the Occupational Safety and Health (OSH) Act.
  • In most private industries, safety and health conditions are governed by OSHA or OSHA-approved state plans.
  • Almost every employee in the country comes under the jurisdiction of OSHA. Some exceptions are transportation workers, miners, the self-employed, and many public employees.
  • Employers who are subject to the OSH Act also have a general duty to provide their employees with work and a workplace that is free of serious, recognized hazards.
  • Additionally, OSHA administers the Whistleblower Protection program that ensures that an employer cannot retaliate by taking “adverse action” against employees who report safety concerns, injuries, or other protected activities.

Mine Safety and Health Administration

  • DOL’s MSHA holds the responsibility for the administration and enforcement of the Mine Safety and Health Act of 1977. This Act protects the safety and health of workers engaged in the country’s mines.
  • The Act is applicable to all mineral processing and mining operations in the US, irrespective of size, method of extraction, or number of employees.

The Fair Labor Standards Act

  • FLSA comprises rulers pertaining to the employment of young workers (below the age of 18 years) and is enforced and administered by DOL’s Wage and Hour Division. This Act intends to protect the health and safety of youth in the US. The FLSA contains minimum age requirements for employment, limitations on the times of the day young employees may work, and the jobs that they may undertake.

Other Resources

  • Office of Worker’s Compensation Programs: This agency administers four significant disability compensation programs which offer medical treatment, wage replacement benefits, vocational rehabilitation, and other benefits to some workers or their dependents who experience work-related injury or occupation-related health conditions.
  • Office of the Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD) and the SHARE initiative also play a part in the administration of DOL workplace and health programs.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Insurance Law?

Insurance Law

Insurance-Law-California-240x300 What is Insurance Law? Lawyer Palm Springs | Orange CountyInsurance law is the collection of laws and regulations pertaining to insurance. Insurance refers to a contract between two parties. It transfers the risk of loss to other party to the contract for a fee, known as a premium.

Insurance laws and regulations govern and manage how insurance contracts are developed and enforced. Insurance laws control the offering, purchasing, selling, and claims processes for insurance in the US. Insurance is a trillion dollar industry in the US alone.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What does insurance cover?

There are various types of insurance that cover multiple areas. There may be different insurance policies for an individual’s home and car.

They may also have a medical insurance policy through their employer, or they may buy a health insurance policy independently. Insurance policies offer coverage for life, personal property, disability, and even identity theft.

Insurance defense

If a person is in a motor accident and they are sued as a result of it, their insurer may send a lawyer to defend them against the claim. Insurance attorneys work on behalf of insurance providers to defend these claims for insurance companies.

An insurance lawyer may work as in-house counsel for an insurance firm, or they might work in private practice. Most attorneys who work for an insurance company work as in-house counsel, or they work in a mid-size or large law firm.

Insurance defense work pertains to trial practice. Attorneys in this area can expect to spend a significant amount of time appearing in court, conducting discovery and filing and defending legal motions.

Bringing insurance claims on behalf of litigants

 

Insurance companies require attorneys to defend claims against their insured. In a similar manner, individuals who have insurance policies rely on attorneys to bring claims if they believe that the insurer is not paying fairly.

Insurance attorneys who work on behalf of insured parties to bring claims for lack of payment usually work in both personal injury law and insurance law. Working for insured parties involves litigation law and contract law. Insurance attorneys at private organizations work for law firms of all sizes. They may work all over the US.

Compliance

Insurance companies rely on attorneys to assist them in implementing new state laws. This implementation process is known as compliance.

Insurance attorneys work on behalf of companies to enable them to comprehend and follow insurance laws in the best possible manner. Compliance attorneys usually work as in-house counsel. However, they may also contract with the insurance firm from a mid-size or large law firm.

Lobbying

Insurance companies rely on lobbyists to work towards favorable insurance regulations. Insurers depend on lobbyists when legislators on the federal and state level consider making changes to insurance laws.

Attorneys who work as insurance lobbyists present the insurance company’s position to the legislators and explain why they believe that their position is sound public policy.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

The Art of Persuasion

The Art of Persuasion

Ethos, Pathos, and Logos

In every litigation case there comes a point where an attorney’s ability to persuade on the validity of their party’s position becomes paramount. Regardless of the nature or scope of the case, or the arena of persuasion, lawyers must be able to stand and deliver.

The traditional means of persuasion find their historical roots with Aristotle, who’s “Three artistic proofs” were first introduced as the three types of appeal one could make during debates. In classical Greek, the three proofs are known as ethos, pathos and logos, or in our modern nomenclature, credibility, emotion, and logic/reason. Any good advocate knows they must make use of all three to be successful.

Ethos (Greek for ‘character’) refers to how trustworthy or credible the speaker is and how knowledgeable he or she is concerning the subject matter. With respect to ethos, lawyers need to establish two things: 1) They are a credible source of information; and 2) They are worth listening to. By establishing both of these, lawyers make those they seek to persuade more inclined to hear their arguments and trust their analysis and conclusions. Ethos is often developed through the language, tone and style of the argument, as well as, through the way the lawyer refers to differing views.

Pathos (Greek for ‘suffering’ or ‘experience’), refers to emotions, or more broadly an attempt to persuade an audience by appealing to their emotions, sympathies, interests, and/or imagination. With an appeal to pathos, the listener is encouraged to identify with the speaker (and their message) – to feel or experience what the speaker feels. Lawyers seek to connect by invoking sympathy, stirring up anger or leading the listener through a walk in their client’s shoes. Pathos is developed by meaningful language, emotional tone, use of emotion evoking examples, timing and pace.

Logos (Greek for ‘word’) refers to the clarity of the message’s claim, its logic, and the effectiveness of its supporting evidence. Logos is an appeal to logic and describes an effort to convince by use of reason. Arguments founded on logic make use of facts, statistics, analogies, and authorities, in short, the evidence of the case. The advocate should be able to provide a clear understanding of the issues of the case, backed up with appropriate detail through the evidence and leading to a reasonable conclusion.

Whether arguing a case to a judge, jury or opposing counsel, the ability to persuade could mean the difference between success or failure. To be truly effective advocates, lawyers should find better results when they are skilled and experienced in the above key elements of persuasion.

unnamed-200x300 The Art of Persuasion Lawyer Palm Springs | Orange County

Peter Nolan

Peter J. Nolan is Of Counsel with Slovak Baron Empey Murphy & Pinkney LLP, practicing in the area of civil litigation, public agency and municipal law. Prior to joining the firm, Mr. Nolan was a prosecutor with the Riverside County District Attorney’s Office for 19 years, where he served as supervisor of the Homicide and Gang Unit.

Mr. Nolan has extensive litigation experience, having tried over a hundred cases to verdict. His success in trial led to Mr. Nolan receiving many professional accolades for his service. Most notably, being recognized by the California District Attorneys Association as the “Statewide Outstanding Prosecutor of the Year” for 2013. He was also named Riverside County District Attorney “Prosecutor of the Year” in 2008, 2009, and 2013.

Mr. Nolan also serves as Professor of Law at the California Desert Trial Academy, where he teaches Evidence and Trial Advocacy. Mr. Nolan served as the Keynote Speaker at the 2018 CDTA Commencement Ceremony.

Mr. Nolan has always been involved with our community, striving to make a difference in the lives of others. He has volunteered his time with the Family YMCA of the Desert Youth & Government Program, coached high school mock trial teams, managed/coached youth sport teams, and participated in various community improvement projects ranging from food and clothing drives to child abuse prevention, graffiti removal and gang awareness programs.

EDUCATION

  • Loyola Law School, J.D. (1999)
  • California State University, Fresno, B.A. (1992)

ADMITTED TO PRACTICE

  • California
  • Nevada
  • U.S. District Courts, California

PROFESSIONAL AFFILIATIONS

  • The State Bar of California
  • The State Bar of Nevada
  • Desert Bar Association

What is Immigration Law?

Immigration Law

Immigration-law-Palm-Springs-Palm-Desert-Rancho-Mirage-300x212 What is Immigration Law? Lawyer Palm Springs | Orange CountyImmigration law refers to a combination of laws, rules, and regulations that control entry into a country. Naturalization and immigration are two different areas.

Naturalization governs who can become a citizen while immigration controls who can enter and leave a country. But both these topics are interrelated. Lawyers who practice immigration law typically have a practice that covers both immigration and naturalization.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What Things Does Immigration Law Encompass?

Immigration laws govern what people are required to do to enter and leave the US. That means inspections at common entry points including roads and airports at border crossings.

Immigration laws may establish requirements for travel documents such as passports and visas. Customs officials usually have a right to inspect a person’s belongings and even detain them for questioning upon entering the US.

United States Immigration Law is a vital part of US policy, and 19 percent of the world’s immigrants reside in the US. The 47 million immigrants living in the US make up around 14 percent of the US population. US immigration laws have undergone major changes in recent years.

The Immigration and Nationality Act of 1965 put an end to a system of ethnic quotas in favor of limits for every country. George H.W. Bush’s Immigration Act of 1990 led to a 40 percent increase in legal immigration. Ronald Reagan offered amnesty to nearly three million illegal immigrants. Around one million individuals become US citizens annually.

Practicing Immigration Law

A significant part of immigration law practice involves assisting a client in determining the type of visa that enables them to enter the US legally.

If they are eligible for multiple types of visas, they may require help in choosing among alternatives. An immigration lawyer may work on behalf of a person or on behalf of an employer seeking to bring an employee into the US.

After assisting a client in identifying the right visa, an immigration attorney helps them process their application. They may help them prepare for anything that can cause their application to fail.

For instance, they may need to prepare them for an interview. An immigration lawyer can also help them prepare and submit character and fitness documentation if necessary.

In addition, immigration attorneys also defend people who face deportation proceedings. People facing deportation orders may have a hearing in front of an immigration law judge.

They may need an immigration attorney to help make their case. Immigration lawyers typically practice a combination of litigation and advisory law.

Who Practices Immigration Law?

Immigration attorneys work in public interest, private practice and for the government. An attorney can establish a private practice focusing on immigration cases.

Clients pay a reasonable fee for representation. Additionally, non-profit organizations also exist to assist people with immigration. These organizations hire attorneys to assist clients in completing paperwork and navigating the immigration process.

Lastly, immigration attorneys work on behalf of the United States government and enforce immigration laws. They may review applications, appear in court, or offer assistance in the creation of laws and policies for immigration.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Posted in Law

What is Health Law?

iStock_000006444475Small-300x200 What is Health Law? Lawyer Palm Springs | Orange CountyHealth law is a broad body of law that controls the provision of healthcare services. Health law controls the relationship between healthcare providers and those who receive it.

Various topics and subtopics are involved in the provision of healthcare law such as contracts, provision of services, employment law and fraud.

Health attorneys may focus on a specific area of healthcare law, or they may offer comprehensive legal services to a healthcare provider.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

 

Major health law legislation in the US

Social Security Amendments of 1965

The Social Security Amendments of 1965 instated the Medicare and Medicaid programs. Medicare offers government-funded medical insurance to seniors who qualify for it. Medicare exists to help seniors who may find it challenging to secure medical insurance in the private market.

Medicaid is government-sponsored medical insurance for people in the low-income group. Every state manages its own Medicaid program on the basis of federal guidelines.

Emergency Medical Treatment and Active Labor Act (EMTALA)

According to the Emergency Medical Treatment and Active Labor Act of 1986, healthcare providers must provide medical services to anyone in emergency circumstances.

A medical service provider cannot refuse to offer services based on an individual’s inability to pay. The healthcare provider must stabilize the person or transfer them to a facility that offers suitable services.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act mandates that health care providers cannot disclose personal health information. Providers are required to allow patients access to their own health records.

HIPPA has stringent rules on when providers can share the treatment information of a patient. This law endeavors to assist people in receiving better care in the knowledge that their information will remain confidential.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

The Consolidated Omnibus Budget Reconciliation Act enables people and families to keep group medical insurance in place for a specific duration after a change in employment for covered reasons.

As private medical insurance is commonly provided by an employer, an individual who loses their job may find themselves and their family suddenly without medical insurance.

COBRA laws make it necessary for the employer to continue to keep the employee on the group plan for a specific duration after their employment ends.

The coverage provision is at the employee’s own expense. While people electing COBRA may have to bear the premium costs, this law enables them to keep their medical insurance in place as they undergo a personal change or seek new arrangements.

Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act of 2010, also known as the Affordable Care Act, expands the eligibility for Medicaid eligibility and is funded by increased taxation for high-income earners. Insurers must accept all applicants under this act.

On the other hand, all citizens must buy insurance. Healthcare insurers cannot discriminate based on pre-existing conditions, and they must charge uniform prices irrespective of an individual’s health history. Consumers may be eligible for premium subsidies based on income.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Gaming Law?

shutterstock_205932199-1-300x200 What is Gaming Law? Lawyer Palm Springs | Orange CountyGaming law refers to a collection of laws and regulations that control wagers and betting in the US. Gaming laws govern who can offer games of chance or wagers and under what conditions. These laws regulate gaming directly.

Also, there are laws that affect the gaming industry indirectly such as employment law, tort law, and contract law. Laws that control gaming can change rapidly. Attorneys in this field will work with gaming laws and other legal aspects that affect the gaming industry.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

 

Gaming laws include federal, state, and tribal laws

The US federal government, state laws, and tribal governments all control gaming. The U.S. federal government governs the gaming activities of private entities as well as tribal governments.

States can decide to allow or prohibit different types of gaming activities. Additionally, tribal governments have the right to decide if they want to offer gaming activities on their land.

 

Types of gaming in the US

The City of Las Vegas may be synonymous with gaming. However, it is only one type of gaming in the US.

State lotteries and state-sponsored scratch-off tickets are legally controlled gaming activities in the country. State lotteries may operate for the purpose of raising funds for general operations, or they may direct funds towards a particular government venture such as education.

States may decide whether to offer a lottery. Not all states have lotteries. States that run lotteries may work with each other to operate interstate lotteries such as Powerball. States that permit gaming activities usually have a commission to monitor gaming and enforce state laws.

Another type of gaming is sports betting. Bingo is also a type of betting if players pay to engage in it. Gaming law includes various laws that control all games of chance or betting activity.

 

Internet Gaming

The gaming law in the US has changed with the advent of modern technology. Federal law mandated that internet gaming was illegal at the time of the inception of the internet. The Federal Wire Act of 1961 makes it illegal to transfer or wire money in order to place a wager.

People in offence of this law may face up to two years in prison for violating the Federal Wire Act. In addition, the US strengthened the federal prohibition on Internet gaming with the Unlawful Internet Gaming Enforcement Act of 2006. This act places a direct prohibition on most forms of internet gambling.  

 

Gaming law may involve multiple areas of law

In their practice, gaming lawyers may encounter any of the below mentioned types of law:

  • Tax law
  • Real estate law
  • Criminal law
  • Jurisdictional questions and issues
  • Zoning law
  • Business law
  • Employment law
  • Contract law
  • Administrative law
  • Litigation

 

Being a professional gaming attorney

Gaming attorneys work to offer advice to gaming operators or enforce gaming laws. They may work for public or private entities work throughout the US. There exist federal, state and tribal laws that may affect gaming activities. Other areas of law may affect gaming operations as well.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Franchise Law?

iStock_000010649746Medium-300x192 What is Franchise Law? Lawyer Palm Springs | Orange CountyFranchise law refers to the body of law that governs the creation, operation and ending of franchise relationships.

Franchise law cover laws and regulations at all levels of government that control how businesses and individuals may enter into franchise relationships.

Franchise law attorneys help clients to comprehend and comply with these laws. The practice of franchise law may also include the enforcement of these laws or advocating for changes to the existing law.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

 

What is a franchise?

A franchise involves the legal use of another company’s business secrets, copyrights, and other business identifiers. A franchiser allows the use of these items for a fee.

The franchisee uses these items to establish and operate a business. While the consumer may see franchise locations as very similar, every location is owned and managed by a local business owner.

The three defining characteristics of a franchise are as follows:

  1. The franchisee is eligible to use the trademarks, name, logos, and products of the franchise.
  2. The franchiser receives payment from the franchisee. Usually, the franchisee pays a percentage of their total income to the franchise as royalties.
  3. The franchiser has a significant level of control over the manner in which the franchisee runs their business.

 

Where does franchise law originate from?

Franchise law is an amalgamation of federal laws and regulations, state law and common law. As many franchises operate in more than a single state, there are robust federal laws that control franchising in the US.

A few states augment federal laws and regulations by adding state law.

The federal and state laws that control franchising do not override common laws that may be applicable to franchise businesses. Common law that encompasses fraud, contracts, employment, and other business-related topics are still applicable to franchise businesses.

Franchise lawyers must navigate a multitude of laws, regulations, and common laws that prevail at all levels.

Lawyers that work on behalf of the franchise may need to be knowledgeable about the laws of many states to conduct business. In addition, certain franchise business provides franchises in various countries.

Franchise lawyers may need to understand the laws of these nations and work effectively with attorneys in these nations to help the franchise expand into new regions.

 

Federal Franchise Law

Federal franchise law originates from 16 CFR parts 436 and 437. This law requires franchisers to provide franchisees with information that they require to determine if the franchise is a viable business investment. Franchisers must offer prospective franchisees details on various topics including:

  • The owner of the franchise, their parent company, and affiliates
  • Information on bankruptcy
  • Start-up cost estimates
  • Limitations on the business
  • Obligations of the independent business owner
  • Assistance given to owners
  • Advertising provided
  • Territorial rights and restrictions
  • Names of celebrity endorsers
  • Procedures for dispute resolution
  • Optional financial performance representations

What kinds of legal issues occur in franchise law?

Franchise law may encompass various topics. The topics that may arise in franchise law are as follows:

  • Securities
  • Contracts
  • Fraud
  • Copyright
  • Trademark
  • Litigation
  • Employment
  • Advertising
  • Torts
  • Dispute resolution

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Food Law?

shutterstock_31722304-300x199 What is Food Law? Lawyer Palm Springs | Orange CountyFood law refers to the collection of laws and stipulations governing food production, distribution, and consumption. The objective of food laws is to protect consumers and create efficient growth and use of food in the US.

Food lawyers are focused on assisting clients in complying with food laws and regulations. Additionally, they may work with government agencies to make and enforce food laws and policies.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

 

Food Laws Cover Various Topics

A majority of individuals understand that food laws govern tariffs on agricultural imports, pesticide use, and restaurant cleanliness.

However, food law also encompasses other topics that some consumers may not have considered. For instance, the Food and Drug Administration controls the manufacturing of bottled water.

Food laws control what supplement producers can claim regarding the effectiveness of their produces. The U.S. food stamp program comes under food law and is managed by the U.S. Department of Agriculture. Food laws can also cover areas of constitutional law such as whether the federal government can legally control local farm production.

 

Where do food laws come from?

Food laws exist at the federal, state, and local levels. The federal government creates laws such as the Food and Drug Administration Revitalization Act.

The Food and Drug Administration (FDA) is a body through which the federal government develops further regulations and takes steps to enforce federal food law. Additionally, extensive state laws also exist. These laws govern areas such as distribution, packaging, adulteration, and fraud in the food industry.

 

Food attorneys assist their clients in complying with food law

A food lawyer helps their clients comply with food laws based on a thorough understanding of their client’s business operations. A restaurant has a different set of laws and regulations to follow in comparison to, say, a meat processor and distributor.

Similarly, a farmer will need to follow a different set of regulations in comparison to a store owner who will need to comply with laws pertaining to food assistance. An understanding of what laws are applicable to the client’s industry and activities is important to be able to meet the client’s needs.

 

The Food and Drug Administration

The U.S. Food and Drug Administration is the federal body that has the authority to regulate food safety. The FDA was created in 1938 by the United States Federal Food, Drug, and Cosmetic Act. In response to the death of 100 people from a medication, Congress passed the U.S. Federal Food, Drug and Cosmetic Act.

The Act governs food, dietary supplements, and food additives and creates laws that regulate food-related activities. It instates civil as well as criminal penalties for federal food law violations.

 

Food law and the Legal Profession

Federal, state and local laws control the production, distribution, marketing and consumption of food. Food laws impact around 25 percent of the United States economy.

Food law means understanding what laws exist and developing a plan to comply with them for businesses in the food industry. Food attorneys assist their clients in conducting business in a legal and efficient manner.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas. 

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What is Firearm Law?

firearm-law-300x229 What is Firearm Law? Lawyer Palm Springs | Orange CountyFirearm law combines laws, regulations, and public policy that regulate the production, distribution, and sale of firearms in the US. In general, guns are legal in the US.

However, there are exceptions to the rule and firearm law remains mired in controversy. Firearm law dictates who can manufacture or purchase a gun and under what conditions. These laws exist at the federal as well as state levels in the US.

Experienced lawyers at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.

 

The Second Amendment

American ideology related to the rights of the government and individual make owning and possessing a firearm a fundamental right, and this is stated in the US constitution as well.

According to the Second Amendment to the US Constitution, the right of people to own and possess firearms cannot be violated. Furthermore, the law states that a regulated military is vital to a free society.

While the Second Amendment safeguards an individual’s right to own and possess firearms, this is right is not unquestionable. There are restrictions on who can own a firearm, the types of firearms a person can own, and where they may keep their firearms. In the US, fugitives from the law cannot purchase a firearm.

Furthermore, a convicted felon punished by two or more years of imprisonment cannot own a firearm. Specific domestic violence convictions can make an individual ineligible for firearm possession as well. People who are involuntarily mentally committed are also forbidden from owning or possessing a firearm under the law.

 

US Firearm Laws

National Firearms Act of 1934: This act taxes the production and transfer of firearms and establishes registration requirements for specific firearms.

Federal Firearms Act of 1938: Commercial firearms dealers are required to have a federal license. In addition, the law prohibits sales to felons.

Omnibus Crime Control and Safe Streets Act of 1968: A person must be a minimum of 21 years of age to purchase a handgun.

Gun Control Act of 1968: Bans the interstate sale of guns, other than by licensed dealers.

Gun Free School Zones Act of 1990: Disallows guns in school zones with certain exceptions.

Brady Handgun Violence Protection Act of 1993: Requires a background check to be eligible to purchase most firearms.

Federal Assault Weapons Ban: Prohibits semi-automatic weapons that appear similar to assault weapons. It also bans large-capacity devices.

Protection of Lawful Commerce in Arms Act of 2005: Shields manufactures and sellers from liability in case a crime occurs with firearms produced or sold by them.

 

State Firearm Laws

Typically, state firearm regulations involve concealed carry laws and criminal laws. In a majority of states, there are a very limited number of criminal laws applicable to weapon use. Some crimes may involve displaying a firearm or possessing a firearm as a convicted felon.

States usually implement these laws through a county prosecutor or district attorney who has the power to prosecute contraventions in their jurisdiction. A conviction may include jail or state prison time, probation, fines, restitution, and other penalties.

 

The team of lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.


For more information or to request a consultation please contact the law offices of 
SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeton, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

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