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What is Medical Malpractice Law?

What is Medical Malpractice Law?

Medical Malpractice Law

shutterstock_142567096-300x217 What is Medical Malpractice Law? Lawyer Palm Springs | Orange CountyMedical malpractice law is an area of civil law that offers compensation to the victims of sub-optimal medical treatment. 

It is an area of law that provides financial compensation when an individual seeks healthcare and receives care that is below professional, reasonable standards. 

Medical malpractice law enables victims of sub-optimal medical care to receive financial compensation for their increased medical expenses, and their pain and suffering. 

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 medical malpractice?

Medical malpractice refers to a doctor’s recklessness, negligence, or international conduct which creates a poor medical outcome for a patient. All medical practitioners must take care when offering treatment to patients. 

They must provide care that is optimal and of reasonable, professional standards. It is presumed that medical professionals are competent and perform their jobs in a reasonable manner. 

When they do not perform their job in a professional manner, and the patient gets hurt; consequently, they are a victim of medical malpractice.

How to understand if medical malpractice has occurred?

Medical malpractice standards are based on the care that is reasonable given the normal standards in the local area. It depends on the level of care that an individual should receive in comparison to what is customary.  

Medical malpractice requires that the patient has been harmed in some way. There are no grounds for legal action if a medical professional does not do their work cautiously, but no one gets hurt.

What are the standards for medical malpractice?

A majority of medical malpractice cases come from state negligence laws. Negligence refers to a standard that warrants that each individual involved in medical care uses reasonable care and caution on the basis of their professional training and the professional training an individual should have in the same situation. 

In order to prove negligence, a person must show that a medical practitioner breaches their duty in a manner that causes them harm. Any healthcare professional can commit malpractice, including physicians, specialists, consultants, and nurses. 

State limits for specific types of medical malpractice damages

A limit on pain and suffering damages is one major limitation that may exist in state medical malpractice law. 

Pain and suffering damages provide the victim with compensation for the physical pain and emotional trauma occurring due to a medical malpractice injury. Certain states impose arbitrary ceilings on the amount of pain and suffering damages that a victim can claim. 

A key area of practicing medical malpractice law is challenging the law when necessary. For instance, Florida courts recently adjudged that their medical malpractice non-economic damage caps are not constitutional. 

Medical malpractice attorneys must assist their clients in understanding how the law is applicable to them and what they can expect from their case as it goes through the legal system.

Upholding professional standards with medical malpractice law

Medical malpractice laws provide compensation to deserving victims while enabling medical practitioners to remember to work in a professional manner. 

Lawyers specializing in medical malpractice are civil lawyers who prove the various aspects of recklessness, negligence, and intentional misconduct in a professional environment. 

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; Indian Wells, 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 Media Law?

Media Law

shutterstock_27794854-300x200 What is Media Law? Lawyer Palm Springs | Orange CountyMedia law is the law that controls media production and use. This area of law encompasses various types of media such as internet, broadcast television, and print media. 

The practice of media law involves all types of legal matters that may surface during the production or consumption of different types of media. 

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.

All types of media are not created the same

The government treatment for different types of media varies when in terms of regulations and oversight. The greatest level of regulation is placed on broadcast media. 

Broadcast media is intended for mass consumption by general audiences, such as basic TV and radio. In comparison, the internet and subscription radio have fewer regulations. 

A media attorney who works in film might assist their clients with distribution contracts, option agreements, and issues with talent. Multimedia attorneys may need to work on sale regulations or software licensing. 

Lawyers practicing media law must understand the business of their client to offer legal advice that is relevant to the type of media involved. 

Media law usually intersects with other types of law

Along with laws that regulate media use in a direct manner, media law also involves other areas of law. Intellectual property law is an area that is often an issue in the use of media. 

Today, piracy and image replication is commonplace. Therefore, media producers and other organizations experience a struggle to protect their copyrights and trademarks. Additionally, media law may involve the following types of law:

  • Contract laws
  • Employment issues
  • Insurance regulations
  • Tax laws
  • Immigration
  • Crime
  • Torts
  • Labor issues
  • Bankruptcy

Federal Communications Commission regulations and Free Speech

A primary question in media law pertains to federal regulations and the constitutional limits of free speech. The First Amendment to the US Constitution guarantees every individual the right to free speech. However, there are restrictions on broadcast speech that the Federal Communications Commission deems obscene. 

Regulations in print media

Media law involves regulations in newspapers and books. In the 1991 case of Simon and Schuster Inc v. Members of the New York State Crime Victims Board, the US Supreme Court governed that a law that allowed the state to confiscate income from a book written by an individual convicted of a crime was invalid. 

The court stated that the law focused on income from a convicted individual’s behavior. They further elaborated that they did not want to restrict speech that helps society. The court said that important books that have been contributors to public dialogue might not have been written if this law existed.

Developing laws

Media law is dynamic and continues to grow and evolve. Media attorneys are a part of the developments in the legal arena. Net neutrality is a modern media law debate. 

The proponents of the policy state that providing content-based preference is comparable to censorship. 

The opponents of net neutrality say that certain consumers, such as Internet-based media company Netflix, take up an unfairly large amount of bandwidth that can slow down other users. Media attorneys advocate for their clients on this matter that affects almost every person in the US.

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 Land Zoning Law?

Land Zoning Law

shutterstock_152024891-e1561949535431-300x245 What is Land Zoning Law? Lawyer Palm Springs | Orange CountyLand use and zoning law refer to the area of law that establishes how a landowner can use their land. Land use and zoning law pertain to the creation, application, and challenges involved in land use laws. 

Government agencies create laws that limit what landowners can do with their real property.  

The laws may govern how landowners can undertake property development, what kinds of activities they can do with their property or both. 

Land use and zoning law is the limitation on a private landowner’s property use presumably for the benefit of the public. 

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.

Zoning laws determine how property use is divided into commercial, residential, and industrial uses

Land use and zoning laws use restrictions to tell property owners what they may do with their real property. In general, they divide the land into commercial, residential, and industrial uses. 

Usually, there are several mixed categories or subdivisions within these three primary categories. 

For instance, a residential category may include a subdivision for high-density housing. Another category for houses may require large lots and setbacks from the road. Low-density residential zones may place restrictions on property rental terms or home businesses.  

Residential zones and commercial zones may combine for mixed use including residential units and storefronts. There may be different categories for transient lodging such as dormitories or hotels. Each government body can determine how to restrict land use and categorize zoning.

Many land use and zoning laws occur at the local level

The power to create land use restrictions and zoning law comes from the police powers of every state. The federal government has been given only limited powers by the US Constitution. 

The powers that are not given to the federal government fall under the purview of the states. Every state has the power to create and enforce laws as they see fit.In turn, most states delegate zoning and land use powers to local governments. They consider that local governments are best placed to manage their own issues. Therefore, most zoning and land use laws are created at a municipal level. 

Land use and zoning lawyers usually become quite familiar with local laws and regulations. As the laws are local, there is usually not a significant level of case law interpreting any given regulation. Lawyers must rely on the straightforward language of the zoning law or published interpretation of similar laws to develop arguments for their clients.

Modern zoning challenges and home share laws

A modern and controversial issue surrounding land use restrictions is online home-rental services such as HomeAway and Airbnb. These sites make online promotion easier, and millions of property owners around the work have started to rent out their properties.

Some property owners offer a room or space in the home that they occupy for rent. Other owners rent out a complete property to a short-term renter. Many rentals violate local zoning restrictions that disallow short-term rentals. 

Due to the fact that online home-rental sites make it more convenient to market short-term rentals than ever before, many individuals believe that ordinances prohibiting the behavior are obsolete. 

Others consider that zoning ordinances restricting short-term rentals are as important as ever and that they should be enforced vigorously. 

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

Slovak Baron Empey Murphy & Pinkney Llp Congratulates Lena Wade & Vee Sotelo On Becoming Partners Of The Firm

DE8_5248_low-res-200x300 Slovak Baron Empey Murphy & Pinkney Llp Congratulates Lena Wade & Vee Sotelo On Becoming Partners Of The Firm Lawyer Palm Springs | Orange CountySlovak Baron Empey Murphy & Pinkney LLP (SBEMP), the largest law firm based in the Coachella Valley, has formally announced attorneys Lena Wade and Vee Sotelo as new partners.

Ms. Wade is a Coachella Valley native who returned to practice law in the Valley after graduating from Duke University Law School. She serves as general counsel, special counsel and litigation counsel to several public agencies in the Coachella Valley and the Inland Empire.  She has represented counties, cities, public housing authorities and various quasi-public and private entities.    In addition to representing public agencies in day to day matters, Ms. Wade also represents public agencies in labor negotiations as well as private businesses in connection with ADA compliance and litigation.  Ms. Wade will be based out of SBEMP’s soon to be opened Indian Wells office and will continue representing clients throughout Southern California.

Ms. Wade serves as the Chair of SBEMP’s public agency practice group and has played a vital role in SBEMP’s growing public agency practice. “Lena is one of the most ethical and honest attorneys I know.  We are proud to have her as a partner and we look forward to great things to come from Lena,” said John Pinkney, Managing Partner of SBEMP.  “Her clients value her candid advice, her commitment to their interests and her calm level-headed demeanor as she guides them through even the most challenging situations. She is a true pleasure to work with and to have as part of our growing partnership team.”

Mrs. Sotelo represents employers in a wide array of labor and employment related matters. She regularly advises and represents clients in connection with day to day human resource issues, employment policies, regulatory compliance, class action defense, wage and hour law, wrongful termination and sexual harassment matters.  Mrs. Sotelo is a frequent speaker and presenter at employment law training seminars and sexual harassment seminars.  Although Mrs. Sotelo is based in the Palm Springs office of SBEMP, she regularly represents clients throughout California.

“Mrs. Sotelo serves as the Chair of SBEMP’s labor and employment practice group. She is an outstanding and experienced labor and employment attorney, litigator and trial attorney.  Her clients value her advice, her work ethic, dedication and her proactive approach to the practice of law,” said John Pinkney, Managing Partner of SBEMP.  “Mrs. Sotelo exemplifies qualities and expertise that our small, midsize and large institutional clients have come to rely on from our attorneys.  She is a wonderful addition to our firm’s growing partnership and we welcome her and congratulate her on her continuing success as a fierce advocate for her clients.”

SBEMP is a full service law firm with offices in Palm Springs, Indian Wells, Orange County, San Diego, New Jersey and New York.
Click to congratulate Lena Wade or Vee Sotelo.

Slovak Baron Empey Murphy & Pinkney LLP Announces expansion with Opening of Indian Wells office

1.Firm-Photo-300x200 Slovak Baron Empey Murphy & Pinkney LLP Announces expansion with Opening of Indian Wells office Lawyer Palm Springs | Orange County

Coachella Valley’s Largest Law Firm

Slovak Baron Empey Murphy & Pinkney LLP (“SBEMP”), the Coachella Valley’s largest law firm and one of the largest and fastest growing law firms in the Inland Empire, continues its growth with the opening of a new office in Indian Wells, California.  SBEMP is a full service law firm with a focus in handling complex litigation and transactional matters.   With the addition of the Indian Wells office, SBEMP will now have offices in Palm Springs, Costa Mesa, San Diego, and Indian Wells, California; and in New York and New Jersey .

Employment & Labor Law | Estate Law

SBEMP clients will be served out of the Indian Wells office by SBEMP Partners Renell E. Burch, Lena Wade, Vee Sotelo, and Valerie A. Powers Smith.  Ms. Burch handles transactional, real estate, trusts and estates; as well as, civil litigation matters. Ms. Wade is the Chair of SBEMP’s Public Agency practice group and serves as general counsel to public agencies. Ms. Wade also handles public agency litigation, labor negotiations, and defends clients in ADA litigation.  Mrs. Sotelo is the Chair of SBEMP’s Labor and Employment practice group. Mrs. Sotelo devotes her practice to representing employers and management in labor and employment related matters, including wrongful termination, wage and hour class action defense, sexual harassment defense and other labor and employment related litigation.  Valerie A. Powers Smith is Chair of SBEMP’s Trusts, Estates & Probate and Special Needs & Elder Law practice groups. Ms. Powers Smith focuses her practice on estate planning, special needs trusts, conservatorships, and trusts and estates advisory work; as well as, trust, estate, probate, conservatorship, and elder law litigation.

“SBEMP’s decision to open a new office in Indian Wells is in response to the firm’s growing client base in the central and eastern areas of the Coachella Valley.”  said John Pinkney, SBEMP’s managing partner. “This move will enhance our firm’s ability to service clients throughout the Coachella Valley and is consistent with our strategy of growth.  In addition to opening a new office in Indian Wells, SBEMP has added five new lawyers in the last several months to ensure that we are able to keep up with client demand and provide timely and highly skilled legal services to our clients across a diverse spectrum of practice areas,” said Pinkney.  “Our focus has always been and will continue to be meeting the needs of our clients.”

Slovak Baron Empey Murphy & Pinkney LLP congratulates Renell e. Burch On becoming a partner of the firm!

Renell-Medium-Shot-251x300 Slovak Baron Empey Murphy & Pinkney LLP congratulates Renell e. Burch  On becoming a partner of the firm! Lawyer Palm Springs | Orange CountySlovak Baron Empey Murphy Pinkney, LLP (SBEMP) formally announces Renell E. Burch, Esq. as a new partner of the firm.

“Ms. Burch will play a key role in expanding SBEMP’s presence and services here in the Coachella Valley.  She epitomizes the diverse experience and talent SBEMP brings to clients here in the Coachella Valley, in California and throughout the Country. Ms. Burch has been practicing in California for 19 years and has a stellar reputation as a tremendous lawyer who is admired by her colleagues and clients,”  said John Pinkney, Managing Partner of SBEMP.  “Ms. Burch practices in the fields of real estate, transactional and business law, trusts and estates; as well as, civil litigation.  Ms. Burch has outstanding legal skills and has had longstanding trusted relationships with her clients, all of whom will now benefit from the broader range of services Ms. Burch will be offering her clients as a member of SBEMP. The timing could not be more perfect to have Ms. Burch bring her experience and expertise to facilitate the opening of our brand new offices. The Partners of SBEMP are excited to have Ms. Burch on our team and we welcome her to the firm.”

Ms. Burch will be one of several attorneys based in the firm’s newest office located at Wall Street West in Indian Wells, California, expanding its reach and services to rise with the region’s growth and legal needs. SBEMP also maintains offices in Palm Springs, Orange County, San Diego, New Jersey and New York.

Click here to congratulate Renell E. Burch or to make an appointment to meet with her

What is Labor Law?

Labor Law

labor-law-attorney-palm-springs-ca-1024x683 What is Labor Law? Lawyer Palm Springs | Orange CountyLabor laws refer to regulations that control the relationship between employers and employees when employees organize into a union. 

These laws control whether employees can join together to negotiate the terms of employment collectively. Laws that allow collective bargaining establish the obligations and rights of the employer and employees as well.

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.

Labor Law Litigation

Union agreements are enforceable in court, despite the fact that a significant part of labor law involves arbitration and negotiations. 

As the courts have the jurisdiction to enforce and strike down agreements, labor lawyers sometimes litigate the matters in a formal, judicial setting. Labor lawyers also need to draft and file lawsuits and use the rules of the civil procedure to conduct discovery and argue their case in court. 

Lobbying

Over time, labor laws have changed significantly in the US. Early government official displayed mistrust of unions. The first union in the US was formed in 1834 with the aim of negotiating a 10-hour workday. 

Despite the fact that the US now has unions and labor laws, there are smaller and limited in comparison to other industrialized nations. 

There has been a drastic change in the interactions and relationship between the employer and employee due to major legislations throughout the 20th century. Both corporations and unions depend on lobbyists to advocate for changes in the law as the laws that are instated are so significant.

Labor lawyers might work with lawmakers to understand their stand as they draft and consider changes to labor laws on a federal and state level.

Other Employment Laws

Labor law comprises only one area of employment law. Other than labor laws, there are laws that control all employment relationships in the US. These laws disallow any discrimination on the basis of color, race, sex, age, disability, and national origin. 

They lay down the safety standards for employees, and establish compensation programs for employees who are injured while working. Labor attorneys must comprehend and work with these laws along with laws that specifically pertain to unions. 

Who practices Labor Law?

Lawyers who practice labor law work in various types of legal employment. They may work on behalf of the union to negotiate a contract with an employer. 

They might, on the other hand, work for a corporation to negotiate with the union. A labor attorney may be an employee, or they may work in private practice and provide services to an employer or the union on a contract basis. 

Other than lawyers who work in private practice, labor lawyers also work for the National Labor Relations Board (NLRB). Attorneys do their part to conduct the Board’s work when the NLRB steps in to monitor the unionization process.

Attorneys perform these tasks when the Board prosecutes labor law violations. They might work in an adjudicative capacity to establish whether violations have taken place and issue suitable sanctions. 

The Business of Doing Business

Labor laws determine the way that Americans conduct business. Labor lawyers shape, challenge and enforce labor laws. Their work affects almost all Americans in a direct or indirect manner. Attorneys who practice labor law enjoy the demands and rewards of this high-risk and high-profile area of law. 

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 Intellectual Property Law?

iStock_000014193504XSmall-300x269 What is Intellectual Property Law? Lawyer Palm Springs | Orange County

Intellectual Property

Intellectual property law is the area of law that pertains to the legal rights to inventions and creative works. It governs who can use creations including artistic works, new products, and designs. 

Intellectual property law enables individuals who create and invent things to profit from their work. Legislators believe that it is fair for creators to profit from their own work. 

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.

Types of Intellectual Property Law

Intellectual property laws encompass the ideas people have and the things that they create. It involves scientific works as well as creative works. 

The rules for claiming exclusive rights to work and the rules for enforcing these rights differ based on the type of creation. Intellectual property law includes: 

Copyright

Copyrights protect a creator’s right to their own work. Print, music, performances, movies, and choreography are some works covered by copyright. 

Others cannot reproduce a specific work for their own profit if the work has copyright. The work must be unique to receive copyright. There must be a significant amount of creative work that goes into the production of the work.  

Due to international copyright agreements, a person does not formally have to register a copyright to have it. But if a person registers copyright, it is prima facie proof that they have a copyright on the work. 

Formal registration enables a person to claim attorney fees and statutory damages if someone violates their copyright.

Patents

A patent is a lawful right to an original invention. No one can make the product, sell it or distribute it without permission during the term of the patent. The term of a patent is 20 years in the US.

Filing for patent protection warrants meticulous documentation of the novelty of the invention. An individual must show that their idea is new, and be able to cautiously describe the patent in detail to enable both government officials as well as the public to establish what their invention is and what rights they have. 

Trademarks

A trademark refers to a symbol design, works, or lettering that represents a product or company. It is an identifier that distinguishes the product or company from others. 

A trademark can last forever, unlike a patent. When a product or company has a trademark, they have the exclusive rights to manufacture and sell products that use the trademark. 

A design logo of a sports team is an example of a trademark. Trademark plays a vital part in business, and trademark lawyers assist their clients in protecting their brand. 

Industrial Design Rights

At times, inventors do not create products. Rather, they develop new designs to make products. These are known as industrial designs. Industrial design rights protect the creators’ rights to use and profit from their own creations. 

International industrial design rights are governed by the Hague Agreement Concerning the International Deposit of Industrial Designs.

Trade Secrets

A trade secret refers to a formula or plan for doing business. It is a system or an approach to doing things that offers an organization an edge over the competition. For instance, Coca-Cola does not have a patent on their signature Coca-Cola formula. 

But it is protected as a trade secret. In case a competitor acquires the recipe illegally, Coca-Cola can bring action against them for a trade secret violation. 

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 Internet Law?

Internet Law

iStock_000012639594Small-300x254 What is Internet Law? Lawyer Palm Springs | Orange County

Cyberlaw is another term for internet law. Internet law cannot be seen as one solid, stable, and precise area of law, unlike other areas of law practice. 

Instead, it imbibes and applies principles from various traditional areas of law, such as contract law or privacy law, which were in existence before the internet. 

Internet law may include the below mentioned facets:

  • Laws pertaining to website creation
  • Laws controlling Internet Service Providers
  • Laws related to how to link web pages
  • Laws pertaining to domain name conflict resolution
  • Laws controlling how trademarks are used online

As the internet is a relatively new development which is constantly evolving, laws pertaining to its use cannot be informed only by precedent or common law. 

There is a significant level of ambiguity pertaining to what is permitted according to internet law. There is still a lot to discover and to decide. Usually, judges must apply other systems of law as best as possible to resolve cases. 

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. 

Why is Internet Law a Special Case?

Internet low must be malleable enough to encompass countless real and theoretical possibilities, given its extensive and vast nature. 

In addition, the internet is a global interface which means that it cannot be fully governed by the laws of any single geographical authority, such as the government of a specific country. 

There are certainly some laws that communities abide by all over the world. However, some believe that the internet should be managed as if it were an entity in its own right, free from national policy. 

Types of Internet Regulation

The internet is heavily censored in countries such as Saudi Arabia, China, and Iran. Besides such censorship, there are commonly four approaches to how the internet is monitored. These include:

  • Laws: When trying to handle issues pertaining to the internet, most nations depend on legislation to mold behavior and manage policy. In areas such as child pornography, gambling, and fraud, internet law is particularly pertinent. 

The issue is establishing how offenses can or should be handled. How can an internet website created on the other side of the globe be expected to follow the changing and usually confusing regulations of another country?

  • Architecture: The term “architecture” relates to the actual technological restrictions of the internet. It covers everything that affects the transmission of information on the internet, ranging from search engines and filters to encryption and coding. 
  • Norms: Human behavior is dictated by cultural norms, whether on the internet or in real life. These can help fill the void created due to the lack of formal regulations. For example, in deleting offensive comments from an online platform, moderators rely on social norms and go above and beyond legal stipulations.
  • Markets: Fluctuations in digital marketplaces also impact what occurs online. Concepts and behaviors that are unpopular will not be in demand and will fade away eventually. Similarly, if there is demand but excessive supply, the seller will need to provide more unique or diverse options. This can be an incentive for creativity, self-regulation, and ethical behavior. 

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 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.

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