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What is Firearm Law?

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.

What is Financial Services Regulation Law?

shutterstock_138342704-300x200 What is Financial Services Regulation Law? Lawyer Palm Springs | Orange CountyFinancial services regulation law is a body of law and regulations that govern the creation, operation, and insolvency of financial institutions including broker-dealers, banks, investment vehicles, insurance firms, payment systems, securities settlement systems, and trading platforms.

The law and regulations involve federal banking, commodities laws, and corresponding state laws.  These laws promote various purposes such as the soundness and security of financial institutions, financial stability, and investor and consumer protection.

Since the Great Depression which last much longer than it should have, the Dodd-Frank Wall Street and Consumer Protection Act of 2010 is an extensive set of laws. Some of these laws have hurt small banks and many people accuse this law of holding back the economy in 2011 and so on which is why some of these laws have been curtailed. With that said, there are still vital laws that need to be followed by all financial companies.

Competent 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 communities.

 

Types of Practice

Every law firm has different financial regulatory practices. Some law firms restrict themselves to providing advice on financial regulations to specific types of financial institutions such as banks while other offer services related to bank mergers and acquisitions.

A limited number of firms have a full-scale practice comprising financial regulatory and legislative advice; mergers and acquisitions when a financial institution is involved; capital market transactions when the issuer is a financial institution; enforcement and other types of litigation when defending a financial institution; and restructuring and insolvency for insolvent financial institutions.

Financial regulatory and legislative advice comprises advising financial institutions on regulatory matters and compliances pertaining to their operations and strategy, including capital or liquidity requirements, business conduct requirements, chartering and licensing, consumer protection, limitations on activities or investments, privacy, reporting financial violations by customers or counterparties, trading, and hedging.

It includes challenging regulatory or statutory interpretation where there are ambiguous areas in the law, commenting on proposed regulation or legislation, seeking clarity on regulatory changes, and arguing positions in front of regulatory authorities.

Mergers and acquisitions transactions involve strategizing and executing the sale or purchase of a financial institution.

 

Capital Markets

Capital markets transactions involve structuring and executing the offer as well as the sale of equity, debt, or hybrid securities. This includes complying with any special disclosure regulations for financial institutions.

Enforcement and other litigation consist of defending the client against an enforcement action by financial authorities as well as white-collar criminal defense.

Insolvency and restructuring comprise advising a financial institution, its creditors, or a potential buyer when the financial institution has fallen on hard times, and a regulatory body is overseeing its reorganization or liquidation.  

 

Financial Industry Regulatory Authority

In 2007, the Financial Industry Regulatory Authority (FINRA) was developed from its antecedent, the National Association of Securities Dealers (NASD). FINRA monitors all firms that are involved in the securities business with people.

Moreover, it also trains financial services professionals, testing and licensing agents, and monitors the mediation and arbitration processes for conflicts among brokers and customers.

 

Securities and Exchange Commission

The SEC is independent of the US government. It was formed through the Securities Exchange Act of 1934. The SEC is one of the strongest and most powerful bodies to enforce the federal securities laws and regulates most of the securities industry. It regulates the US stock exchanges, options exchanges and markets, and electronic exchanges and securities markets.

 

The judicious 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

What is FDA Law?

FDA-law-300x123 What is FDA Law? Lawyer Palm Springs | Orange CountyFood and Drug Administration (FDA) law regulates the sale and manufacturing of food, cosmetics, and drugs in the US. FDA law aims to ensure food and drugs are safe for consumption by the public and offer consumers accurate info on a product’s contents enabling them to make rational choices.

Moreover, FDA law regulates how food and drugs manufacturers can profit from their products in a manner that is fair to the corporation as well as to the public.

Skilled and knowledgeable 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.

 

What is the FDA?

The FDA is a government body that oversees the creation, implementation, and enforcement of laws pertaining to the sale and marketing of food and drugs. It monitors a vast range of products such as:

  • Drugs
  • Medical devices
  • Vaccines
  • Blood safety
  • Biological products
  • Food
  • Tobacco
  • Cosmetics
  • Devices that emit radiation
  • Animal and veterinary products

 

Challenging FDA Regulations

The FDA, as well as product manufacturers, can go to the courts to challenge and enforce FDA stipulations. A vital body of work for attorneys who work in the area of FDA law is litigation that defines, challenges, and interprets these laws. In general, courts define FDA regulations narrowly.

 

Policy Making

Attorneys practicing FDA law for the US Department of Agriculture or the Food and Drug Administration will need to grapple with a significant number of policymaking questions. They must create a balance between excessive regulations that can prevent a necessary drug from reaching the market promptly with the task of ensuring that a medication is safe for public use.

For instance, in the 1990s, various policy groups and individuals were concerned that an inordinate number of AIDS patients were losing their lives prematurely as the FDA refused to give approval to potentially lifesaving medications for the treatment of AIDS and AIDS-related complications.

Attorneys working with the government routinely need to make judgment calls on policies and courses of action related to the release of foods or medications for public use.

 

Recent Changes and the Opioid Epidemic

FDA regulations change as companies continually invent and market new drugs. The FDA made a landmark decision in 2017 when it asked Endo Pharmaceuticals to recall an opioid drug from the market due to the issue of drug abuse. This action marked the first instance of the FDA asking a drug manufacturer to remove a drug from the market due to abuse.

 

Conflicts between Federal Law and State Policies

FDA law attorneys frequently need to navigate issues between federal regulations and state policies. A lawyer may help a client to navigate these conflicts.

For instance, many states have regulations and policies on marijuana that are more tolerant than federal law. A state may go to a court to clarify, narrow, or try to negate an FDA regulation or decision.

 

Capable and proven legal counselors 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

What is Family Law?

shutterstock_30753634-226x300 What is Family Law? Lawyer Palm Springs | Orange CountyFamily law is the body of law pertaining to familial relationships. It involves the creation of family relationships and dissolving them through a divorce as well as the termination of parental rights. These laws encompass adoption, child custody issues, and child support obligations.

The team of committed 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, San Diego, New Jersey, New York, and surrounding locations.

 

Divorce

Divorce regulations vary between states. All states allow for a no-fault divorce while some states mandate a separation period. A majority of states have residency requirements to prevent people seeking a divorce by filing in a state with the most conducive law.

Every state has their specific guidelines on the division of the marital assets and debts. However, the rules are similar in all states. Typically, the court seeks to make an equitable division of the assets. But this does not necessarily imply that things can be equally divided.

The court may assess the parties’ contributions to the marriage, duration of the marriage, and the requirements of each party following the divorce. The court will also take into account misconduct such as domestic abuse or infidelity while making a decision.

 

Alimony and Spousal Support

Alimony and spousal support is an often contested area in a divorce case. Certain states employ a formula to decide on the amount of support while others leave it to the discretion of the judge. In cases where the court utilizes a formula, it is still imperative to ensure that the court enters the correct inputs to decide the right amount of support.

 

Child Custody

Child custody is a highly debated area of family law. A majority of states arrive at child custody and parenting time decisions keeping in mind the child’s best interest.

The court assesses facets such as which parent is more bonded with the child, whether each parent has a stable home, and whether either parent has an extensive criminal record or substance abuse problems.

In case parents agree on custody, the court typically follows the agreement. However, if the parents cannot agree on this matter, family law attorneys present the court with evidence on the best interests of the child.

 

Child Support

Children have the right to receive support from both parents. Child support aims to provide children with parents living separately with the same financial resources that they would have access to if both parents lived together. The courts presume that the parent caring for the child provides support to the child in a direct manner.

Child support is mainly determined by a formula, and each state has its own formula for calculating child support.

 

Abuse and Neglect Proceedings

Family law also addresses abuse and neglect. If a state believes that a parent is not providing proper care to a child, they may start abuse and neglect proceedings. They may represent a child or a parent accused of abuse or neglect.

In abuse and neglect proceedings, family lawyers assist clients in either defense against allegations of abuse or neglect or assist their clients to comply with services and other regulations to regain child custody.

 

Compassionate 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

Rare wage and hour victory for employers

AHMC-Healthcare-Inc-vs-Superior-Court-of-LA-300x138 Rare wage and hour victory for employers Lawyer Palm Springs | Orange CountyIn a rare wage and hour victory for employers, the California Court of Appeal, in AHMC Healthcare, Inc. v. Superior Court (2018), 24 Cal.App.5th 1014, held that an employer’s timekeeping system, which automatically rounds employees’ time entries to the nearest quarter hour, did not violate California’s laws requiring employers to pay employees for all time worked. So long as the rounding policy is neutral both on its face and in its application, it is not unlawful, even if some employees lose compensable time as a result.

In AHMC, the employer used a timekeeping system that automatically rounded employees’ time entries up or down to the nearest quarter hour, instead of using the employees’ exact check-in and check-out times. The policy was applied to all employees equally. Two former hourly employees of AHMC, Inc. challenged the policy, claiming that whenever a rounding policy results in any loss to employees, no matter how minimal, the policy violates California law.

The California Court of Appeal rejected this argument. The Court acknowledged that rounding allows employers to calculate wages efficiently. Therefore, the fact that an employer uses rounding does not automatically invalidate the employer’s wage calculations. Rather, the policy must be reviewed to determine whether it is facially neutral and whether its application primarily benefits the employer or the employees.

If a rounding policy is applied evenly to all employees and rounds employees’ times both up and down so that it does not favor only the employer, it is not presumed to be unlawful on its face. When applied, a rounding policy is “fair and neutral” if it “does not systematically undercompensate employees.” (AHMC Healthcare, Inc. v. Superior Court, supra, 24 Cal.App.5th at p.1026.) A rounding policy does not “systematically undercompensate” employees if rounding results demonstrate that, overall, the practice produces a net benefit to employees as a whole. In other words, the rounding practice sometimes produces a gain of time for employees and, at other times, a loss of time for employees. “[F]luctuations from pay period to pay period are to be expected under a neutral system,” so long as the overall net effect is a benefit to employees as a whole. (Id.)

In the case of the hourly AHMC employees, they were unable to provide any evidence indicating that the employer’s rounding policy singled out any particular group of employees for disparate treatment, and the policy required rounding of employees’ times upward and downward so that it did not favor only the employer. Therefore, it was facially neutral. In application, the policy resulted in most employees getting paid for more time than they actually worked or their time was not affected. Thus, the policy was neutral in application. The fact that a small group of employees actually lost time was not enough for the Court to strike down the policy as unlawful. California law does not require that every employee must “gain or break even over every pay period” in order for a rounding policy to be lawful.

Takeaways: If an employer rounds employees’ times in order to calculate wages, the rounding policy must allow for rounding time upward and downward. Moreover, the policy must apply evenly to all employees. Additionally, employers should review the actual results of its rounding practices to see if the rounding, as a whole, results in employees gaining or losing time or both. If, in practice, an employer’s policy consistently results in the employees losing time, the application of the rounding practice should be examined more carefully to identify potential factors causing the disparate result. The good news is a policy of rounding time will not be considered unlawful and invalid on its face just because rounding will necessarily cause employees to lose some time.

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 Energy Law?

power-plant-energy-law-300x200 What is Energy Law? Lawyer Palm Springs | Orange CountyEnergy law is an area of law that focuses on the creation, enforcement, and discussion on laws that regulate the use of energy. This is vital as America becomes energy self-sufficient and certain parts of the country and states are making billions off of oil shale and so on.

 

Laws are Essential

There are laws for creating and harvesting energy as well as those that regulate energy use taxation. Both the public and energy companies must follow energy laws as they are associated with the sale, use, and conservation of energy resources.

Many people are oblivious to how energy laws affect their routine life. Putting fuel in a vehicle or renewing license plates involves paying taxes and fees to the state.

The power supplied to homes from a power plant involves the energy company following energy regulations to conduct business. Energy laws exist at the federal, state, and local levels and these laws even affect international relations.

Dedicated 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 communities.

 

Energy Law and Property Law

Energy laws create a link between property owners and the energy companies willing to harvest resources and supply them to consumers. There is a cross between energy laws and property and contract laws on the terms on which utility companies can enter a property to harvest energy or deliver utilities to clients.

Common law stipulated that property owners had control over the area beneath their land to the center of the earth. They also controlled the space over their land into outer space. But in the United States v Causby case, the US Supreme Court ruled that there are practical limitations to these common-law theories of property law.

Attorneys help their clients with issues related to energy such as energy harvesting, and low-altitude flights as well as other inconvenient activities. They assist their clients in comprehending utility easements and develop the best approaches to deliver energy to consumers.

Regardless of whether they represent a property owner or an energy corporation, lawyers assist their clients in negotiating the conditions for the sale or lease of oil and gas rights on the property.

Energy corporations must be compliant with federal and state laws. Companies require attorneys on site to comprehend their needs, manage negotiations, and undertake the regulatory filings at the federal, state and local levels.

 

An Evolving Area of Law

The policies of the Department of Energy can change rapidly. Energy lawyers assist their clients in the implementation of these changes. This enables a client to remain in compliance with federal and state laws and conduct their business lawfully.

Attorneys also help their clients with formal hearings and litigations in case of disagreements regarding the compliance with laws and agreements pertaining to energy generation and use.

 

Energy Law is Complex and Dynamic

Energy law is more relevant today than ever before. Therefore, energy law attorneys have the opportunity to assist their clients in meeting their business goals while remaining compliant with the law.

They can also impact public policy and international relations. The field of energy law can be enjoyable for lawyers who enjoy practicing in a dynamic and complex landscape.

 

Competent attorneys 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

What is Employment Law?

Employment Law

Employment-Law-palm-springs What is Employment Law? Lawyer Palm Springs | Orange CountyEmployment law refers to a collection of laws and regulations that control the relationship between employers and employees. Employment laws stipulate when an employer can hire employees as well as when the employees can work.

The law encompasses what an employer must pay their employee as remuneration. These laws lay out the minimum requirements for employee working conditions.

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, San Diego, New Jersey, New York, and surrounding communities.

Following Employment Law

An employer has a lot to know when they want to hire an employee. There are minimum wage laws that require the employer to pay a specific amount. There exist laws that prevent the employer from discriminating against employees or applicants on the basis of certain characteristics.

Employers must offer a safe working environment to their employees. They may also need to provide medical insurance options in some cases. The employer must collect and submit payroll taxes on the employee’s behalf.

It is sometimes challenging for employers to keep up with the many regulations of employment law, and they are often left overwhelmed. US labor laws have evolved throughout American history. They are not located in one place, and this makes it important for employers to seek help from lawyers.

On their part, employees want the enforcement of labor laws. They may require help from an employment attorney to comprehend what the laws are and whether their employer is in violation of the law. They may consult an employment attorney to help them enforce the law when their employer is in violation.

Major Employment Laws in the US

Notable employment laws in the US include:

Minimum Wage Laws

The Fair Labor Standards Act of 1938 determines a federal minimum wage. Many states have minimum wage laws as well. States cannot set a lower minimum wage. However, they can set the minimum wage higher than the federal law necessitates.

Overtime Pay

Employees are entitled to overtime pay. According to the Fair Labor Standards Act, an employer must pay time and a half for any hours that an hourly employee works over 40 hours weekly.

There is no maximum number of hours that an employee can work in a week. However, the employer must pay overtime for each hour that an employee works over 40 hours per week.

Family and Medical Leave

The US does not have a requirement for paid medical leave. But according to the Family and Medical Leave Act of 1963, large employers must offer employees up to 12 weeks of unpaid family leave.

Collective Bargaining

Employees are legally entitled to organize collective bargaining with an employer. A company must negotiate in good faith if over 50 percent of a workforce wants to organize.

Safe Working Conditions

Employees are entitled to safe working conditions. The Occupational Safety and Health Act of 1970 (OSHA) offers employees protection from work hazards such as extreme temperatures, noise, chemicals, sanitation issues, and conditions that are likely to lead to injuries. Employers cannot retaliate against an employee if they choose to exercise their rights under OSHA.

Employers cannot discriminate against employees on the basis of protected characteristics. Employers must carefully avoid any type of discrimination against employees on the basis of race, age, color, sex, religion, or national origin.

Civil Rights Considerations

Employees have First Amendment rights. But employers have a right to conduct their business without employee interference. Civil rights protect the right to privacy of employee as well.

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.

What is Derivatives and Futures Law?

futures-and-derivatives-law-300x200 What is Derivatives and Futures Law? Lawyer Palm Springs | Orange CountyDerivatives and futures law encompasses the regulation of derivative markets, including futures, and swaps. This body of law focuses primarily on finance, and those interested in this area should evaluate taking finance courses while working towards their law degree.

The derivative business is dynamic, and due to this, the laws dealing with this type of business are ever-changing as well.

Judicious 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.

 

What does this Practice Involve?

A futures and derivatives law practice involves the knowledge of various disciplines pertaining to financial markets, which reflects the wide range of participants and products in this area.

Attorneys practicing in derivatives and futures law work with banks, broker-dealers, insurance firms, commodity advisers, investment advisers, hedge funds and private equity funds, clearing corporations, securities and futures exchanges, pension plans, and any commercial entity that is the “end-user” of these instruments.

Products may be employed to hedge, manage, or speculate a wide array of risks such as equities, energy, interest rates, agricultural, credit, weather, and currency among countless others. These products are usually customized to meet the specific requirements of the end-user.

All of these products and participants are governed by various federal, state, and foreign laws depending on the nature of the business (such as insurance, or banking), nature of the product (such as commodities or equities), and nature of the transaction (such as trading or sales).

 

Focus on All Facets of the Market

Savvy law practice in this area addresses the transactional as well as the regulatory facets of the market. The transactional facets require expertise in the design, documentation, and negotiation of the product to accomplish the desired commercial goals while simultaneously optimizing the applicable regulatory treatment.

The regulatory practice encompasses all aspects ranging from the securities and commodities law, tax, ERISA to bankruptcy treatment.

As a consequent of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the regulatory environment is slated to experience rapid and extensive changes.

Lastly, expertise may also depend on the context in which the matter arises, for instance, the underlying business (such as insurance, energy, municipal finance, etc.) or in business fraud, litigation, corporate mergers & acquisitions, and securitization.

 

Role of a Lawyer in this Area of Law

A lawyer can be on either side (sell-side or buy-side) and work with the client on deal structure and regulatory issues. In this case, a lawyer may need to work on a project to develop a derivatives product and will draft materials on various aspects of the new derivative.

Summarily, regardless of whether the attorney works towards addressing the legal requirements of an insurance firm, commodity adviser, bank, investment adviser, clearing corporation, securities and futures exchange, or a pension plan, these transactions may be complicated and unique.

Futures and derivatives law attorneys must work in a complex and dynamic regulatory environment to accurately advise their clients in the post-Dodd-Frank age.

 

Dedicated attorneys 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

What is Defamation Law?

defamation-law-300x200 What is Defamation Law? Lawyer Palm Springs | Orange CountyDefamation law pertains to communications affecting the reputation of another individual. Defamatory speech is a communication that may adversely affect the reputation of another person.

Defamation law protects people from having their lives or careers devastated or majorly altered due to false statements against them.

But, the law still offers a person protection under the First Amendment right to speak their mind without being liable for making an insulting remark or mistake or disagreeing with another person. Defamation law is a part of law that seeks to safeguard the reputation of a person by preventing unfair speech that might adversely impact an individual’s reputation.

The team of 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, San Diego, New Jersey, New York, and surrounding communities.

 

Defamation Law is Mainly State Law

Defamation laws exist by common law as well as by statute. Many states have defamation laws that are included in state law, and this law is mainly state law. While every state drafts their own defamation laws, some facets of these laws that are common to all states are as follows:

 

Types of Defamation

The two types of defamation are libel and slander. Defamation that is written down is called libel while slander refers to spoken defamation. In general, the law perceives libel as more damaging compared to slander.

Libel is written, and therefore it can be reread and transmitted again. On the other hand, slander may not have a long-lasting or ripple effect that may occur with libel.

 

What Elements comprise a Defamation Case?

The key elements of defamation laws are:

  • A person issues a statement
  • They publish the statement to a third party
  • Their statement leads to injury
  • It is a false statement
  • There is no privilege offering protection to the statement

 

Defamation Law typically involves New Issues of Law

Defamation law is an evolving area of law, and it continues to change and expand with new ways of communicating using social platforms and the internet. For instance, digital reviews are a more recent area of discussion in defamation law.

Attorneys are continually involved in the debate between free speech and the right to be free of perjured and untrue statements about an individual or an organization.

Defamation attorneys frequently work on unique cases that may involve an issue of first impression. This area of law offers new and challenging cases for lawyers who enjoy engaging in the extraordinary.

 

Defamation Law is Civil Law

Defamation law is civil law as there is no crime for defamation or police involvement. Rather, a victim of defamation must prepare a case and file it in court as the plaintiff in the case. While defamation involves civil law, words can still be tantamount to crimes on occasion.

If a person issues defamatory comments regarding an individual’s reputation repetitively, it may amount to harassment and stalking under state law.

Defamation attorneys are litigation lawyers, and their practice includes sending cease and desist letters. They are experienced in drafting lawsuits, responding to request for discovery, and even presenting the matter in front of a court.

 

Committed attorneys 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

What is Cyber Law?

shutterstock_147128870-300x200 What is Cyber Law? Lawyer Palm Springs | Orange CountyCyber law, also called “internet law,” pertains to law that controls the public use of the Internet. Cyber laws can be criminal as well as civil in nature. Cyber law is essentially any regulation that regulates how people use smartphones, computers, the Internet, and other related technologies.

Accomplished 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.

 

Areas of Cyber Law

Cyber law protects people from being victimized through unethical activities on the web. Cyber laws also regulate how people and companies use computers and the internet. These laws cover extensive areas and activities, and some of the significant areas of cyber law are:

 

Fraud

Consumers depend on cyber laws to protect them from online crimes such as identity theft, credit card theft, and other types of financial fraud. Identity theft involves federal or state criminal charges. Offenders may also experience a civil action brought by a victim. Cyber law attorneys work to prosecute as well as defend against allegations of fraud using the internet.

 

Copyright

The internet has made it easier to violate copyrights, especially during the early days of digital communication. People and organizations require lawyers to bring actions to enforce copyright regulations. Copyright infringement refers to an area of cyber law that protects the rights of persons and businesses to profit from their creative works.

 

Defamation

Many people use the internet to speak their mind. When people use the internet to say things that are untrue, it can cross the line into defamation. Defamation laws are civil laws that protect individuals from untrue public statements that can hurt a business or someone’s personal reputation.

Defamation law is cyber law when people use the internet to make statements that violate civil laws.

 

Harassment and Stalking

At times, digital statements can be in violation of criminal laws that disallow harassment and stalking. When an individual issues repetitive or threatening statements regarding another person online, they may be in violation of civil as well as criminal regulations.

Cyber law attorneys are involved in both the prosecution as well as the defense of people involved in stalking via the internet or other types of digital communication.

 

Freedom of Speech

Freedom of speech is a crucial facet of cyber law. While cyber laws ban specific online behaviors, freedom of speech laws also provides individuals with the right to speak freely.

Cyber law attorneys must inform their clients on the limits of free speech including the prohibition of obscenity. Furthermore, cyber lawyers must defend their clients in case of dissension on what comprises free speech.

 

Trade Secrets

Companies operating online typically depend on cyber law to offer protection to their trade secrets. For instance, Google and other search engines invest significant time and money in developing features such as intelligent assistance, maps, and flight search services among others.

 

Cyber lawyers work with their clients to bring legal action as needed to protect their trade interests. Skilled attorneys 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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