Palm Springs Life

Women Who Lead

Virtual Event

presented by SBEMP LLP Attorneys

A CONVERSATION WITH THIS YEAR’S
WOMEN WHO LEAD HONOREES

Moderated by Valerie A. Powers Smith, Esq., Partner, SBEMP, LLP

TUESDAY, AUGUST 11, 2020 AT NOON

BENEFITING LOMA LINDA UNIVERSITY CHILDREN’S HOSPITAL

Rising Star:
Lili Rodriguez,
Artistic Director,Palm Springs International Film Festival

Nonprofit Leader:
Jill Golden,
Philanthropist, Advocate, and Owner of Lucky Me Ranch

Business Leader:
Kelly Steward,
General Manager,The Ritz-Carlton,Rancho Mirage

CLICK FOR COMPLIMENTARY REGISTRATION

PRESENTED BY:

SBEMP LLP Attorneys

Litigation Department

With locations in Palm Springs, CA, Princeton, NJ, and Manhattan, NY, SBEMP’S Litigation practice group offers a wide range of specialized litigation services for private sector companies, public agencies and individuals. Our litigators represent clients in an array of civil disputes, including: intellectual property, personal injury, complex business and real estate, trusts and estate, construction defect, owner, contractor/sub-contractor disputes, eminent domain and condemnation, homeowners’ association and hospitality, partnership disputes, tribal, healthcare, first amendment, and defamation.

DISCLAIMER: This newsletter does not constitute legal advice, and no attorney-client relationship is formed by reading it. This newsletter 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 newsletter. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

What Is Emancipation?

Emancipation ends the legal authority that a parent has over a child who is under 18. After emancipation, your parent doesn’t have to take care of you or pay for things that you need. Emancipation changes your life. You will have some new rights and also some new responsibilities.

When Can You Get a Judge to Emancipate You?

You have to be at least 14 and living away from home. Your parents have to agree with your decision. They could also decide not to fight you in court. You have to have a legal income that pays for food, clothes, and rent. The judge has to decide that emancipation is best for you.

How do I get emancipated?

There are three ways a child can become emancipated:

Get married
Join the military
Go to court and have the judge declare you emancipated (“judicial declaration”).

Do I need my parents’ consent (permission) to get emancipated?

If you ask a judge to declare you emancipated, you must give notice to your parents. Your parents can consent to the emancipation or they can go to court to contest the emancipation.

If you are not emancipated, you need your parents’ consent to join the military. If you are not emancipated and you want to get married, you need your parents’ consent and a judge’s consent.

Can any child get a judge to declare him/her emancipated?

No. There are certain requirements:

You must be 14 years old, or older.
You must be willing to live apart from your parents with their consent
You must be managing your own financial affairs.
Your income must be from a legal source.
Emancipation must be in your best interests.
You should be in school. (The emancipation law does not require that you be in school, but compulsory education laws do. The judge usually wants to see that you are either in school, have already graduated, or have earned a GED).

What rights do I get if I become emancipated?

If you are emancipated, you can:

Live where you want to.
Sign contracts.
Keep the money you earn.
Buy, sell, lease, or give away any interest you have in real or personal property.
Get a work permit without parental consent.
Enroll yourself in school.
Sue someone in your own name.
Make a valid Will.
Consent to your own medical, dental, and psychiatric care.
Stay out as late as you want. (Curfew laws do not apply to emancipated minors.)

What responsibilities will I have if I get emancipated?

If you are emancipated, you must:

Support yourself financially.
Get your own medical, dental, and automobile insurance.
Pay your bills.
Make sure your income is from a legal source.

What things won’t change when I get emancipated?

Even after you are emancipated:

You must go to school until you graduate or turn 18.
You cannot work as many hours as you want. You must still obey child labor laws and follow work permit rules.
You can’t have sex unless you are married and have sex with your spouse.
You may be tried as an adult if you commit a crime. A judge will decide if you will be tried in Juvenile Court or tried as an adult. Whether or not you are emancipated has no bearing on being tried as an adult.
You cannot drink alcohol until you turn 21.
You cannot vote until you are 18.

How can I get help to get emancipated?

Emancipation is a big decision. Take time to think about it and plan it carefully. If you want to talk about your options, then contact us today.

Have any legal questions? Contact SBEMP Law Firm:

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, Indian Wells), 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.

Divorce Legal Help

Divorce is an emotionally challenging time for both parties. At this time, you should have a skilled and experienced divorce attorney by your side who can provide the right advice and formulate the best possible strategy to protect your legal rights. The lawyer should have a proven track record and reputation, and should have the capability and the resources to ensure you can obtain a satisfactory outcome.

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.

Identify a Reputable Law Firm

Your best bet could be a law firm that is handling a significant number of cases in different areas, and has the experience and domain expertise in divorce law as well as other areas of law. If the law firm has a full team of attorneys working together, they can consult and collaborate on any complex aspects of your case while determining the legal strategy.

Once you have short-listed one or more law firms for your divorce case, you should visit their website before you schedule an initial consultation with them. This will give you some idea about the background of the attorneys, the scale of their operations and services, and about their philosophy and goals.

You may also look for some client testimonials, online reviews and comments related to the law firm on their website, social media, Google Reviews, and third party lawyer rating and review websites such as Avvo.

Freely Ask Questions during the Consultation

Once you have scheduled an initial meeting with the divorce lawyer, you should feel free to ask any questions you have in mind, and clarify all doubts and concerns. To save time, you may list down your questions in advance and carry them with you for your meeting.

Once the lawyer understands the facts and circumstances of your divorce case, they would be able to suggest whether it may be worthwhile to reach out to your ex-spouse to explore the possibility of out-of-court agreement on critical issues such as child custody, visitation, alimony, and property division.

Their legal advice may depend on the nature of your divorce issues. For example, if your ex has a history of domestic violence, it may not be an astute idea to pursue an amicable agreement because chances of failure are high in such negotiations.

Make Sure the Attorney is Resourceful

Similarly, if your divorce involves a large number of complex and valuable marital assets, and you worry that your former spouse may try to hide some of the assets, you will need a resourceful law firm to protect your interests. They should have the ability to conduct forensic accounting investigations or hire other experts as needed to support your case.

Issues related to child custody can be most sensitive and critically important for you. If you anticipate a custody battle, you need the backing of a strong law firm that can use the maximum resources at their disposal to present compelling arguments and evidence in your favor.

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.

Separation Attorney Palm Springs

A legal separation can be described as a court-ordered arrangement that allows a married couple to live separately. If you are uncertain about the future of your marriage, but do not want a divorce, you may consider legal separation as a valid alternative.

Legal separation will allow you to set financial boundaries as well as establish responsibilities, such as property division, child custody, separation maintenance and child support. Sometimes a legal separation may be required by the court before it grants a divorce.

How does Legal Separation Work?

A legal separation can provide you with most of the legal benefits of a divorce, while still leaving a door open for the possibility of a future reconciliation. Divorce may sometimes be prohibited by religious beliefs, which could make legal separation as a viable option without breaking the religious tenets.

If you believe that for the sake of your children, divorce may not be the best choice, you may find legal separation to be a more ideal way out. In this case, while you and the other parent will function as separate individuals, you could still be together as a family, and manage to maintain order and stability for the sake of your children.

In some cases, the opportunity to retain retirement and healthcare benefits may be a sufficient reason to choose legal separation instead of a divorce. When the legal separation is finalized, it will end the ability of a spouse to freely make payments using a joint bank account or joint credit cards. It will also impose limits on the use and control of assets such as property and automobiles.

You should understand that legal separation is as much of a legally binding agreement as a divorce because both are court orders. Legal separation will entail certain obligations and duties that you and your spouse will have to legally uphold. In the future event of a divorce, the judge may look at the separation agreement to determine their divorce ruling.

Advantages of Legal Separation

In some situations, a legal separation may let you retain the benefit entitlements. For instance, if you are a military spouse and have been married for at least 10 years (while being legally separated), you will be eligible for the benefits provided by the Uniformed Services Former Spouse Protection Act.

Similarly, staying married for at least a decade (while being legally separated) will make you eligible for certain spousal social security benefits. If your spouse will be drawing a higher social security amount than you at retirement, it will benefit you to stay married for at least 10 years as it will allow you to draw a larger sum (while receiving a part of your spouse’s social security) at the time of retirement.

The Final Word

While any split between couples is painful, sometimes a legal separation may be a more logical choice compared to a divorce. Remember than while a divorce is permanent, a legal separation could be temporary.

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

Legal Help for Marriage Issues

If you do not wish to live with your spouse any longer, but are unsure whether you are ready for a divorce, you have the option of a legal separation.

Just like a divorce, it will involve negotiation on issues such as child custody, child support, visitation, spousal support, and property division. But unlike divorce, your legal status will be of a married person, even though you will live separately from your spouse.

Key Distinctions

The most fundamental difference between a divorce and a separation is that while your marriage gets dissolved in a divorce, a legal separation means that you are still married. Other key distinctions between the two include:

Marrying another Person

In a legal separation, you are not free to marry another person, but in a divorce, once it is final, you have the freedom to remarry.

Healthcare and Other Benefits

Healthcare and other benefits, including some social security benefits will end once your divorce is final. But in a legal separation, you can continue to retain these benefits.

Decision-Making

In a legal separation, you and your spouse are still legally viewed as next of kin, which means either party can make medical or financial decisions on behalf of the other in specific circumstances. This option is non-existent in a divorce because the divorced parties are not next of kin under the law.

Debt Liability

A legal separation may not absolve a spouse of some or all of the debt liabilities that occurred during the marriage. But in a divorce, the division of debts is finalized at the time of dissolution of marriage.

Right to Spousal Property

In a divorce, property rights over each other’s property are extinguished once the divorce is final. In a legal separation, the legal rights of the surviving spouse to the property of the other spouse are preserved in the event of his or her death.

Reconciliation / Remarriage

It is not possible to undo a divorce, and if you want a legal reunification, the only option available is to remarry. In a legal separation, reconciliation is a legal possibility.

Similarities between a Divorce and Legal Separation

If both parties fail to reach an agreement between themselves on certain issues, the court will decide on the following matters – whether in a divorce or a legal separation:

Child custody
Visitation rights of the non-custodial parent

Property division (whether it is a divorce or legal separation, the division of marital assets will depend on several factors, and it may not be an “equal” division.)
Separation maintenance (this is the equivalent of alimony and child support in a legal separation, but it has different effects compared to a divorce, and is usually obtain through a “motion pending litigation.”)

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

Technology Law

Lawyers in the technology law practice area act on behalf of clients in transactions which involve intellectual property and technology, including joint development projects, strategic sourcing agreements, IP licensing, and manufacturing and collaboration arrangements distribution. These matters often relate to semiconductors, information technology, computers, communications, software, the Internet, and e-commerce.

IP Protection and Technology Law

A large number of technology lawyers also undertake active counseling practices regarding IP protection strategies, compatible development, open source licensing, participation in standards bodies, and related areas.

This practice also comprises accomplishing diligence investigations and discussing terms with respect to IP ownership and technology dependencies in relation to internal IP audits, acquisitions and mergers, public offerings, and a host of such strategic transactions.

Sourcing is an area that especially calls for expertise in, for instance, corresponding service levels, creating the appropriate scope of services and variable pricing terms. Technology attorneys also usually act as “outsourced general counsel” for companies related to technology.

Practitioners placed in this area have proven their expertise in intellectual property as well as commercial law. They also have adequate knowledge of industry best practices.

These lawyers should also possess good business acumen because technology lawyers usually help clients in forming the core business terms of the deal, besides giving advice on intellectual property rights allocation, warranties, indemnities, licensing terms and the like. Attorneys practicing technology law are often found keenly assisting clients in creating new models of business.

Some of the main aspects to keep in mind while hiring an attorney for a technology consultation or transaction are background in the relevant segment of the industry, proficiency with the type of intellectual property rights involved, adequate know-how with the implicated technologies and their development, and sufficient experience with party on the other side of the deal.

A technology lawyer can be expected to swiftly comprehend what assets are most valuable to a client, what synergies the client expects to accomplish through the deal, and a sound strategy of negotiation that takes all these factors into account.

Information Technology Law

Information technology law offers the legal framework for gathering, storing, and distributing electronic information in the global market. Attorneys practicing in this field of the law act on behalf of businesses and individuals from several different industries.

They assist in giving a structure to the transactions of information technology in a manner that gives maximum economic benefit to the client while safeguarding regulatory compliance. A lot of importance is also placed on foreseeing possible areas of dispute between the parties to a transaction, and making agreements that will address all these concerns, thus eliminating the chances of litigation.

When disputes arise in the area of information technology that cannot be settled outside of the court system, an attorney who specializes in these kinds of cases will always be a strong advocate in comparison to a general legal practitioner. Information technology law firms are interested in hiring attorneys who have practical experience working in the industry before joining the legal profession.

A lawyer who has such a background will always be more effective at explaining technical concepts to the jury or judge, and he or she is more likely to have contacts within the industry that make getting expert witnesses and consultants less difficult.

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

Sports law is a group of several different kinds of law that have an impact on the sports industry. Sports law involves all matters that are associated with Olympic or professional athletes. It is also related to laws that regulate amateur and youth sports.

There is a wide variety of laws that influence the sports industry such as personal injury law, contract law, criminal law trademark and athletic administration. Sports lawyers are available throughout the country.

What is Sports Law?

Although professional sports agent is usually the first thing that comes to mind, sports law is a wide-ranging term for several types of law that affect the way people play sports both recreationally and professionally. For instance, a professional athlete depends on contract law for a playing agreement. Trademark law might give protection to the team that they play for.

If an athlete gets hurt outside or inside the field of play, personal injury law might come to their rescue. Besides safeguarding professional athletes, sports law may also give protection to the younger children who play sports. Rules for safety of equipment and coach training might have an impact on young athletes. Some varieties of sports law are as follows

Contract Law in Sports Law

One of the most famous subjects of sports law is contract law. Contracts made between the teams that hire professional athletes are of vital importance. For star athletes, contracts may comprise millions of dollars. It is important that the contract must cautiously and clearly explain the terms of performance.

Sports lawyers routinely serve as both as agents and legal negotiators. The sport law does not comprise only of athletes. Trainers, coaches, athletic trainers, and managers also require sports contracts. Attorneys who practice sports law are usually both the negotiators as well as contract drafters when millions of dollars are on the line.

Personal Injury Law in Sports law

Personal injuries occur in sports. A personal injury can happen during the game, and it can also happen outside of the field of play. Personal injury law might be pertinent to sports law. Although an athlete may bring a legal claim after a personal injury, the loads of fans that are present in sporting events may also have claims of personal injury.

Any venue that is a host to sporting events must be careful and check negligent behaviors that may lead to the liability of personal injury. A sports venue will have a high duty for the safety of their property for customers who purchase tickets under the legal theory of liability or premises.

In case a fan gets injured during the game, it might become a legal issue if the sports venue is negligent in the maintenance of their property.

Trademark Law in Sports Law

Professional sports teams are dependent on their trademarks. Trademark infringement is a demanding part of sports law for the lawyers who work to carry out trademarks on behalf of professional and college teams of sports.

Merchandising is usually as crucial to the revenue of a college or professional team as the sale of tickets. Sports lawyers execute a vital function implementing the rights trademark of the teams they represent.

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

Social Security disability law includes the rules that are used to decide who will qualify for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) advantages, and the amount of money they will get. These are federal programs therefore the local and state laws are not applicable.

The rules can be found in the Social Security Act as it appears in Title 42 of the United States Code, and in the printed regulations and rulings of the Social Security Administration (SSA).

The benefits of SSDI are meant for adults who become disabled and are not able to work for a period of at least one year. These benefits can be availed only by those who have paid an adequate amount into the system (through payroll taxes), and have not yet attained the age of retirement.

Dependents of people who receive SSDI may also be eligible for benefits. SSI has a different purpose. It is planned for disabled people with insufficient or no income, irrespective of whether they have paid anything into the system.

What are the Requirements for Disability Benefits

There are specific requirements for SSDI and SSI. For SSDI, the minimum qualification involves the number of “work credits” the applicant has collected before becoming disabled.

Work credits are founded on the earnings of the applicant. Every time the applicant earns a certain amount of wages or income from, he or she collects one work credit (as of 2013, it takes $1,160 of earnings to get one work credit).

An applicant can earn up to four work credits in any given calendar year. To be eligible for the benefits of SSDI, the applicant must have in all forty credits, and twenty of these must have been secured in the ten year period leading up to the date of application.

To acquire SSDI, the applicant must also be “disabled.” SSA will consider an individual disabled if he or she is unable to work in their field or not able to adjust to another field of employment, because of severe medical deficiency. An individual may qualify on the basis of a single impairment, or a combination. In both the cases, the inability to work must be long-term and complete.

For SSI, eligibility criteria is based on level of income, not work credits. An applicant must have an income level that is below a specific amount known as the federal benefit rate, or “FBR” (as of 2013, the FBR is $710 per month).

It is complicated to calculate the FBR. For instance, only a fraction of income earned by working will be added in the calculation. At the same time, FBR will contain the value of any in-kind services the applicant gets, such as meals or free rent.

How to File a Claim

You can start the disability applications in person, online, or by phone at the nearest social security office. A hefty amount of personal information is needed to complete the process of application, most of which contains the applicant’s work history and medical condition.

Applicants should be able to give a detailed description of their doctors and other care providers, lab results, and medications. SSA will also inquire about previous jobs, and demand copies of the applicant’s W-2s and tax returns.

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

Securities law, also known as capital markets law, consists of a comprehensive set of rules and regulations that govern the issuance of securities. A security refers to a financial instrument typically proposed to raise money for a business from investors in the industry.

Securities law explains the steps a corporation has to take in order to extend their investment offer to the public. This law has been formulated to ensure that public investments are reasonable and nondiscriminatory for everyone who decides to invest in the company.

What is a security?

It is a financial instrument. Typically, a corporation extends a security so as to raise capital for their business. A stock is an example of security. Bonds, loan packages, and mortgages can also be clarified as securities. They are a method of funding a business firm or financing in a business.

Types of Securities Laws

The practice of securities law comprises of several modes. The securities law may be regulatory and transactional, or it may include litigation.

Transactional Securities Law

To put forward a security, a corporation has to prepare the investment for offering. Securities lawyers consist of transactional lawyers who advise their clients regarding how to make a public offering. They make all the necessary documents and then conduct investment negotiations.

Security law is a type of business law. Lawyers dealing in security law negotiate deals on investment and prepare and review documents for their clients as part of the process of proposing a public investment in a business.

Regulatory Securities Law

Regulatory securities law is assisting a client to meet the terms with the numerous state and federal regulations that have to be applied for security offerings. Both before and after a business is offered to the public for investment, the business must comply with regulatory filings and mandatory information disclosures.

They are required to prepare statements both quarterly as well as annually. These lawyers aid their clients in fulfilling the regulatory process by formulating and reviewing mandated disclosures.

Litigation Securities Law

When disagreements arise in buying and selling securities, lawyers who practice securities law become litigators. They get ready filings for court. They take part in the customary activities of litigation comprising discovery, motion practice and trial. A large number of litigation cases go to arbitration, so lawyers who practice securities law need to be skilled in arbitration.

Lawyers working in securities regulation may represent both corporations and investors. When an investor believes that a corporation has acted with dishonesty or has otherwise not complied with securities regulations, they may turn to a securities lawyer to aid them to get a solution. In turn, corporations depend on lawyers to help them guard against fraud allegations.

Administrative Securities Law

Besides, regulations, transactions, and litigation, the practice of securities law may also comprise of an appearance in an administrative hearing. If the Securities and Exchange Commission (SEC) is suspicious of non-compliance or fraud, they may bring a civil action to an administrative law judge within the SEC.

The Securities and Exchange Commission judge is an independent judge who will hear allegations of non-compliance with securities laws. Attorneys work to in two ways. Firstly, they work to take up allegations of violations on behalf of the SEC, and secondly to guard against the allegations on behalf of corporations.

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