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Native American Law

Native American law refers to the collection of laws, administrative rules, and other authorities that affect Native American populations as well as their relationship to the US and state governments.

Native American law defines the relationships between Native American tribes and other governments. Additionally, it includes rules pertaining to the self-government of Native American tribes.

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.

Achievements in Native American law

Native American law has several purposes. The law seeks to enable Native Americans to self-govern in a fair and effective manner. Preservation of the Native American culture is an aim of these laws.

Besides, the definition of jurisdictional matters pertaining to Native American tribes promotes access to fairness and justice in civil and criminal proceedings that affect both Native Americans and non-Natives. In addition, these laws promote health services, particularly for Native American populations.

Native American Autonomy and Courts

Native American laws uphold the right of recognized American tribes to create and enforce their own law. Federal law dictates when, where, and how Native American tribes can hear legal disputes. On top of this, the law clarifies when US federal and state courts may hear cases involving Native Americans.

There are laws that reserve specific lands for the exclusive ownership and disposition of tribal members. In general, Native American tribes have their own courts, constitution, and laws.

Jurisdictional Issues and Questions

Many of the matters that arise in the practice of Native American law are jurisdictional issues. Rules exist for when a Native American court can hear a case involving a corporation or a non-native individual.

Additionally, there are rules for when a US or state court may hear a case involving a Native American. Jurisdictional issues usually depend on where the crime or civil dispute took place and whether the victim or perpetrator is a member of a Native American tribe.

Native American law involves, to a great deal, understanding what jurisdictional issues exist in a case and understanding how to raise those claims.

Civil Disputes

In general, the rule is that a Native American court can resolve issues that arise on Native-owned land. Besides, they may also hear a case that is a threat to Native American land.

The US Supreme Court ruled in the 2008 Plains Commerce Bank v Long Family Cattle Company that a tribal court had no jurisdiction over a case if the dispute occurs on property that is not native-owned even if the property is located on a reservation. The only exception is if the dispute is a threat to the well-being of the tribe.

Preserving Native American Culture through the Practice of Law

Native American laws help preserve the culture and encourage the fair origination and application of the law. Lawyers focusing on Native American law play a vital role. They help a client comprehend and assert their rights related to Native American laws and jurisdiction, which is a crucial part of representing to a client and contributing to the intricate US legal system.

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; New Jersey, 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.

Land Zoning Law

Land 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.

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.

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; New Jersey, NJ; and New York, NY.

Labor Law

Labor 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.

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.

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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.

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.

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

Internet Law

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.

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.

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

Insurance Law

Insurance 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.

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.

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Immigration Law

Immigration 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.

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.

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

Gaming Law

Gaming 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.

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.

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Financial Services Regulation Law

Financial 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.

Cyber Law

Cyber 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.

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