Product liability law is a type of injury law that offers victims a legal cause of action when they are hurt due to a dangerous product.
Individuals and corporations who make goods must ensure that the products are safe. Product liability is a body of law that regulates what manufacturers must do to protect public safety and what rights victims have if they are hurt due to a defective product.
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Products liability forms a subset of personal injury law that deals mainly with defective products. Many regulations and standards for product liability law are similar to all other personal injury cases. But in specific ways, there are superior standards to protect victims who are hurt when products are faulty.
There are various ways that a manufacturer can develop a legally defective product:
Breach of express warranty
A manufacturer usually includes warranties along with their product. For instance, if a person purchases a new car, the manufacturer might include a warranty that all of the parts work for three years or another period. In case a part breaks, the manufacturer might promise to fix it for free for the duration covered under warranty. A breach of an express warranty can be considered to be a defective product.
Breach of implied warranty
All products include an implied warranty. When a person purchases a product, it must work for the intended purpose. For instance, if a person buys a skillet, they would expect to be able to cook with it. If it starts on fire, then it is a defective product.
The products that a person buys should work for the primary purpose of the item. It should also work for other realistically foreseeable uses. In case a product does not work as expected, a defective product claim may be the solution.
Manufacturing defect
A manufacturer is liable when there is a fault in the manufacturing process. It is not enough for the manufacturer to take reasonable care at the time of the manufacturing process. Rather, the manufacturer is strictly liable in the event of an error in the production process that leads to harm to a victim.
Design defect
A manufacturer must ensure that the product design is safe for public uses even if a product works as intended. A design defect occurs when a product is designed in a poor manner. In order to win a defective design case, the victim must prove that the manufacturer could have designed the product in a better manner based on other designs that are possible or available at the time.
Similar to other cases of personal injury, the victim of a defective product must prove that the product defect has led to their injuries. The victim must prove all of the components of negligence, including a defect, a duty to develop a careful product, and a connection between the defect and damages and injuries. A victim may have consumer rights if a product is defective. However, there must be an injury for the victim to be able to initiate a product liability claim.
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.
Private funds and hedge funds refer to investments funds that are an element of a diverse market range. In the US, only accredited investors can participate in hedge funds. Financial journalist, Alfred W. Jones, first used the term “hedged fund” in 1949.
The critical start-up mass of asset under management has increased since the initial days of the hedge fund industry. In the 1970s and 1980s, it may have been possible to form a fund with less than $10 million.
But today, the level is at least five to six times that amount. Stemming from this, the client base had moved from mainly primarily high-net-worth individuals and overseas funds to include pension funds and institutional investors.
Over the past two decades, the focus and nature of funds have also changed along with the markets, hedging against challenging and unpredictable markets and maintaining the asset base along with maximizing profits.
Additionally, assets under the management and management fees have increased. Over the period, regulatory scrutiny has also greatly increased, especially in the wake of the controversial 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
The next stage of the industry’s evolution is for large funds to institutionalize, handing over the ownership to the successor management.
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.
The primary changes in the market over the last year were influenced by the anticipated priorities from the US Securities Exchange Commission (SEC) examination for 2018, including the following:
Cybersecurity
The security measures in place must be “reasonably designed” to protect the personal information of the investor. Given its own demonstrated susceptibility to hacking, the SEC may be particularly sensitive about this matter.
Seniors
The SEC has concerns regarding the safety of the retirees and baby-boomers, with savings usually in excess of over US$400,000) or other retirement funds.
Practices
Investment adviser practices concerned with robo-advisors, disclosure of fees, anti-money laundering, advertising, and abusive sales and marketing practices remained a priority in 2017.
Regarding fund investment strategies, some funds follow multiple strategies while others make more concentrated investments, or use only a single strategic approach.
Investment Advisers Act
Hedge funds are governed by the Investment Advisers Act of 1940, as amended (Advisers Act). Hedge funds are usually managed by investment advisers.
Unless exempt (for instance, a private foreign adviser), large investment advisory companies (i.e., firms with Regulatory Assets under Management (RAUM) of $100 million or above) are required to register with the SEC. Smaller investment advisory companies must register with the appropriate state(s).
Similar to other market participants, hedge funds are subject to prohibitions against fraud. Managers (registered or unregistered) have a fiduciary duty to the funds that they operate.
Registered investment advisors (RIAs) are required to file Form ADV with the SEC, detailing, among other things, their fees, business, the kinds of securities they invest in, the types of clients, and the funds and assets that they manage.
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.
Private equity law encompasses private equity companies that pool investments of pension funds and other large investors to buy assets and other firms.
A private equity attorney will assist in forming the funds and negotiating the terms of the contracts. In the US, the private equity industry began in 1946 when two venture capital companies were founded.
In terms of finance, private equity refers to a category of assets comprising equity securities and debt in operating companies that are not publicly traded on stock exchanges. Private equity firms, venture capital firms, or angel investors typically make private equity investments.
Each type of investor offers private equity funding for distinct reasons. However, all offer working capital to a business for the purposes of expansion, development of a new product, or a restructuring of the firm’s operations, management, and/or ownership.
Leveraged buyouts, venture or growth capital, and mezzanine capital are among the most common investment approaches in private equity investing.
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An average leveraged buyout transaction involves a private equity company purchasing majority control for an existing or mature firm. The companies that are involved in these transactions are usually mature and produce operating cash flows.
Investors invest in young, evolving, or growing firms, rarely seeking to acquire majority control.
While venture and growth capital are similar, the companies that seek growth capital are usually more mature in comparison to venture capital-funded companies, able to produce revenue and operating profits but not able to produce adequate cash to fund significant expansions, acquisitions, or other investments.
Mezzanine capital is preferred equity securities or subordinated debt that are typically the most junior portion of a company’s capital structure, but still superior compared to the common equity of the company.
In general, mezzanine capital is typically used by smaller firms to enable them to borrow additional capital beyond the amounts that traditional lenders would be willing to offer through bank loans.
The Committee on Private Equity and Venture Capital focus on matters affecting the United States and international attorneys who form and represent private equity and venture capital funds and those who advise business owners and firms seeking financing from those sources.
The Committee concerns itself with securities, corporate, tax, intellectual property, regulatory, and other issues of private equity and venture capital communities, pertaining to both investments by funds and the formation of funds.
A bill to require investment advisors to private funds, including private equity funds, hedge funds, venture capital funds, and others to register with the Securities and Exchange Commission, and for other purposes.
The US Securities and Exchange Commission aims to protect investors, maintain efficient, orderly, and fair markets, and encourage capital formation. Today, an increasing number of first-time investors are turning to the markets to help secure their futures, send children to college, and pay for homes, and this makes the SEC’s mission more compelling than ever before.
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.
The privacy laws of the US relate to various legal concepts. Invasion of privacy is one of these legal concepts.
It is a tort, based in common law, enabling an aggrieved party to file a lawsuit against a person who illegally intrudes into their private affairs, reveals their private information, publicizes them in a false light, or appropriates their name for personal gain.
People in the public eye have less privacy. This area of law is evolving as it pertains to the media. The core of the law is based on a right to privacy, which is broadly defined as “the right to be let alone.”
It typically excludes personal issues or activities which may reasonably be of interest to the public, such as those of celebrities or participants in newsworthy events.
The invasion of the right to privacy can form the basis of a lawsuit for damages against an individual or entity in violation of the right. These rights include the following:
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Today, in the US, “invasion of privacy” is a common cause for action in legal pleadings. Four categories of invasion of privacy are included in modern tort law, as first categorized by William Prosser:
Public disclosure of private facts happens when one individual discloses information which is not of public concern, and the divulgence of which would be offensive to a reasonable person.
While privacy is usually a common-law tort, a majority of states have enacted statutes that disallow the use of an individual’s name or image if used without permission for the commercial benefit of another person.
Appropriation of name or likeness arises when an individual uses the name or likeness of another individual for personal gain or commercial benefit.
Action for misappropriation of right of publicity protects an individual against loss due to the appropriation of personal likeness for commercial gain.
The exclusive right of an individual to control their name and likeness to prevent others from using without consent is protected in a similar way as a trademark action with the individual’s likeness, rather than the trademark, being the subject of protection.
In terms of invasion of privacy, appropriation is the oldest recognized form that involves the use of a person’s name, likeness, or identity without permission for purposes such as advertisements, products, or fictional works.
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.
Poverty law refers to the practice of law as it pertains to the less privileged in society. The practice of poverty law ensures that poor people and the disadvantaged are treated in a fair manner under the law.
Poverty law is not always about representing clients in court. It might involve analysis of problems that affect the poor. It might include advocacy for changes in policies and law as well.
In effect, poverty law is a broad term that encompasses various government bodies, private enterprises, and groups and subjects. Attorneys who focus on poverty law work on multiple subjects in various forums.
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The aim of poverty law is to ensure that the disadvantaged have fair access to government assistance programs. Attorneys advocate for legal changes that help the poor receive the benefits that they need. In addition, they aim to help people to ensure that they receive the benefits that they are due under existing law.
Clients may require help to ensure that they have fair access to cash assistance programs, Medicaid, food assistance such as the Supplemental Nutrition Insurance Program (SNAP), and access to housing.
People who request public assistance may need to attend hearings to establish their eligibility. They may need to defend themselves against allegations of inappropriate access to these benefits.
Poverty law attorneys may help clients fill out routine application forms, or may offer assistance with complex issues at contested hearings.
Poverty attorneys protect the civil rights of the less privileged. They ensure that law enforcement does not target people on the basis of their socioeconomic status or race.
The right to assistance of counsel in a criminal case, the right to a fair trial, and the right to vote are a part of civil rights. Poverty attorneys do the vital work of making sure that low-income people can exercise their civil rights, and that their rights are protected under the law.
There is often an overlap between criminal law and poverty law. At times, people facing allegations of receiving government benefits that they do not deserve have to respond to criminal charges. Poverty attorneys may assist clients in defending against charges of health insurance fraud or welfare fraud.
The manner in which society should manage medical care services and access to health care and insurance is an on-going discussion. Poverty attorneys typically work to assist their clients in attaining access to medical care that they need while working for sweeping changes in the healthcare system. On top of this, they may also work on sensitive issues, such as priorities for organ transplants.
When low income and a lack of access to resources prevent parents from providing for their children, poverty lawyers can help them in applying for public services. They can also assist parents in defending their interest and advocating for their children in abuse and neglect cases.
Poverty attorneys ensure that the state complies with their obligations to offer rehabilitative services to parents. In addition, they hold the state to their very high burden of proof to seek to terminate parental rights to a child.
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.
Oil and gas law is the body of law that controls oil and gas production. Oil and gas laws establish who owns the right to mine for oil and gas. It determine the conditions that mines have to follow when they extract oil and gas.
The area of oil and gas law is a combination of common law, statutory law, and administrative regulations that controls the mining and harvesting of these natural resources in the US.
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Oil and gas rights are an element of the wider topic of mineral rights. A segment of real property may be rich in natural resources, such as precious metals or water. Energy-producing substances such as oil and gas can be lucrative for those who capture them for consumption.
A majority of oil and gas laws are state laws. The federal government has relatively little control over oil and gas law. However, it is involved in leasing and permitting on federal lands. In addition, the federal government also controls offshore drilling.
Oil and gas laws establish who may mine for oil and gas, how they may mine, and what occurs when a dispute happens.
Oil and gas rights can be owned by any entity that can own property in the US. An individual may own oil and gas rights. Stemming from this, federal, state, and local can be owners as well. A significant amount of oil and gas mining is undertaken through lease agreements to third-party oil and gas production firms.
Oil and gas lawyers represent people and entities who are involved in various aspects of oil and gas production. As many oil and gas corporations have significant legal needs, they are likely to hire lawyers as in-house counsel to manage all of their legal work.
Similar to the companies that drill, landowners require lawyers to help them negotiate and draft agreements.
While oil and gas law is mainly transactional law, oil and gas disputes may also involve litigation. In case of disputes, litigation may be necessary to resolve these issues. Attorneys may draft pleadings, conduct discovery and present cases in contested hearings. Oil and gas attorneys may be both litigators and transactional lawyers, depending on their client’s needs.
Oil and gas law is a form of energy law. Oil and gas lawyers represent energy-producing companies and landowners. The body of law provides attorneys with the opportunity to work in various settings.
A majority of oil and gas law is state law. However, federal law may apply. Oil and gas attorneys must understand various regulations, permitting needs, contract laws, and property laws that may be in their client’s case.
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.
Nationality law is an agency of law that regulates how an individual gains or loses citizenship.
It is also known as citizenship law and is the law that governs how a person becomes a citizen of a country or forfeits the citizenship of a nation. This area of law encompasses the rights and obligations of a citizen.
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While immigration law has significant overall with nationality, they are not quite the same. Immigration law governs who can enter a country and what documentation they need to come to the US Nationality law specifically controls who can become a citizen and under what conditions.
US citizenship comes with significant rights. All citizens have the complete protection of the United States Constitution.
They are eligible to participate in government by voting as well as running for elected office. However, some states restrict the rights of felons to vote. Correlating with this, citizens have the right to receive assistance from US embassies and consulates when traveling overseas. They may reside in US states and territories without meeting further requirements.
While non-citizens present inside the borders of the US have many of the same protections as citizens, they do not have the same rights that citizens enjoy. For instance, in the Matthews v. Diaz case in 1976, the US Supreme Court upheld the authority of Congress to create distinct rules for non-citizens.
Along with rights, citizens also have responsibilities. In the US, citizens must serve on a jury if they are selected. They must pay taxes as well as have a passport for travel. Male citizens must register for the Selective Service System upon attaining the age of 18 years.
Congress instates rules regarding who may become a citizen and how they can become one. The US President also has some control over setting immigration policies and managing the policy of the Department of Homeland Security.
Parties that seek to challenge immigration laws and decisions may bring their case to the Department of Justice’s Executive Office for Immigration Review as well as the US federal courts.
In general, the US Department of Justice hears nationality cases via its Executive Office of Immigration Review (EOIR).
The Department of Homeland Security may begin proceedings and require an individual to appear to answer to allegations. The allegations may be that the individual is inadmissible to the US or otherwise deportable. The EOIR establishes whether an individual should be removed from the US or allowed to stay.
Lawyers who practice nationality law have a deep effect on the lives of their clients and their clients’ families. They prepare essential documents as well as represent their client in hearings and appeals. If they work for the US government or private clients, nationality attorneys undertake the critically vital task of executing nationality laws in the country.
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.
Mutual funds are a type of investment where the shareholders combine money to invest in multiple stocks, money market investments, and bonds compared to investing in stock in only one company. Investment laws govern mutual funds.
Through investing in mutual funds, millions of individuals save for retirement and build their financial funds. The federal government controls securities markets through the United States Securities and Exchange Commission, which encompasses mutual funds.
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Rules governing mutual funds date back decades. Many rules were instated during the administration of President Franklin D. Roosevelt following the Wall Street Crash of 1929, which triggered the Great Depression which lasted all the way until World War II because the free market did not like the regulations and tax hikes imposed on them during that decade.
The Securities Exchange Act of 1934 created the SEC and provided it with regulatory control over the mutual fund industry as well as the stock market and brokerage houses.
Other important mutual fund regulations include The Securities Act of 1933. This act requires that investors receive concise information pertaining to securities offered for public sale. This legislation was called the “Truth in Securities Act.”
The main focus of the Investment Act of 1940 is on mutual fund regulations as well as how investment companies are structured, function, and pursue investment goals. This act requires disclosure of the financial health of a company as well as its investment policies
A majority of states require mutual funds to file annual notices in case shares are sold in the state. In addition, mutual funds must pay annual charges to the state. State securities regulators may ask mutual funds to file periodic reports as well.
The Financial Industry Regulatory Authority monitors securities companies operating in the US. FINRA regulations control the manner in which member firms promote and sell mutual funds.
The Commodity Futures Trading Commission oversees the US options, futures and swaps markets along with the mutual funds investing in these markets. According to the Federal Commodity Exchange Act, mutual fund advisers investing in these markets must become commodity pool operators.
In general, mutual fund shares are marketed to the public through an SEC-registered broker/dealer distributor. Additionally, such distributors are also FINRA members and must follow its regulations. These distributors buy fund shares, and then either sell shares through an intermediary or directly to the public.
As the distributor must follow FINRA regulations, they must consider the suitability of the mutual fund for individual investors. For instance, the broker/dealer should refrain from recommending very high-risk funds for older people seeking safe and secure investments in retirement.
Mutual fund advisors are required to register with the SEC as investment advisers. They must also adopt policies and procedures complying with all SEC rules.
Mutual fund advisors function as fiduciaries, which mean that they must act in the best interest of their customers. These advisors are must file regular reports with the SEC and “seek the best execution” for all portfolio transactions.
Mutual fund advisors are responsible for obtaining shareholder and board approvals of the advisory personnel of the fund.
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.
The law that impacts the music industry is known as music law. In the US and globally, music is commercially bought and sold. Any law that affects how the music industry conducts business is a part of music law.
Music law includes laws of any type that are applicable to the business of creating, selling, performing, and listening to music. Music law forms a part of entertainment law.
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Music laws affect most individuals in society in one manner or another. This area of law impacts people who write music as well as the distributors who buy the rights to sell and perform music. In addition, music law affects performers who must be legally allowed to perform music.
Business entities that are seemingly unrelated to music law, such as restaurants, must make sure that they are in compliance with these laws when they conduct operations. In fact, even consumers must comply with music laws.
Music law can be federal, state and local. There are various federal laws that affect the music industry. Also, state laws may differ between states.
Even a local authority such as a municipality may make a law that affects the music industry. Music lawyers must meticulously look at all sources of law to advise their clients appropriately.
A crucial area of music law is one that is applicable to broadcasting and live music performances. There are various entities that broadcast music. Television stations, radio stations, restaurants, bars, and even schools broadcast music or perform it live.
There exist music laws that establish what an individual or group must undertake to broadcast or perform music.
The creator of a musical work receives copyright for the work. Therefore, individuals who want to perform it live or broadcast it typically must have a license from the owner.
But there are some exceptions to this rule. Music lawyers may offer their clients advice on whether they require a license for what they do.
Purchasing the sheet music alone does not give a consumer the right to perform a musical work. Rather, the buyer will require a license to perform the work live.
The exceptions to licensing requirements are known as Fair Use. The courts assess fair use exceptions on a case by case basis for establishing if the performer is in violation of licensing laws by performing the musical work without a license.
At the heart of the music business are contracts. Songwriters, artists, distributors, producers, and consumers rely on contracts to create, sell, and listen to musical works. Many event producers and performers are independent contractors.
Music producers depend on distributors to sell their work. Contracts are a vital tool for people in the music industry to ensure that all people involved have clear expectations. In fact, in the music industry, even consumers use contract law.
An individual who purchases a subscription to a music service or buys a concert ticket has some association with music-related contract law.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; 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.
Medical malpractice law is an area of civil law that offers compensation to the victims of sub-optimal medical treatment.
It is an area of law that provides financial compensation when an individual seeks healthcare and receives care that is below professional, reasonable standards.
Medical malpractice law enables victims of sub-optimal medical care to receive financial compensation for their increased medical expenses, and their pain and suffering.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.
Medical malpractice refers to a doctor’s recklessness, negligence, or international conduct which creates a poor medical outcome for a patient. All medical practitioners must take care when offering treatment to patients.
They must provide care that is optimal and of reasonable, professional standards. It is presumed that medical professionals are competent and perform their jobs in a reasonable manner.
When they do not perform their job in a professional manner, and the patient gets hurt; consequently, they are a victim of medical malpractice.
Medical malpractice standards are based on the care that is reasonable given the normal standards in the local area. It depends on the level of care that an individual should receive in comparison to what is customary.
Medical malpractice requires that the patient has been harmed in some way. There are no grounds for legal action if a medical professional does not do their work cautiously, but no one gets hurt.
A majority of medical malpractice cases come from state negligence laws. Negligence refers to a standard that warrants that each individual involved in medical care uses reasonable care and caution on the basis of their professional training and the professional training an individual should have in the same situation.
In order to prove negligence, a person must show that a medical practitioner breaches their duty in a manner that causes them harm. Any healthcare professional can commit malpractice, including physicians, specialists, consultants, and nurses.
A limit on pain and suffering damages is one major limitation that may exist in state medical malpractice law.
Pain and suffering damages provide the victim with compensation for the physical pain and emotional trauma occurring due to a medical malpractice injury. Certain states impose arbitrary ceilings on the amount of pain and suffering damages that a victim can claim.
A key area of practicing medical malpractice law is challenging the law when necessary. For instance, Florida courts recently adjudged that their medical malpractice non-economic damage caps are not constitutional.
Medical malpractice attorneys must assist their clients in understanding how the law is applicable to them and what they can expect from their case as it goes through the legal system.
Medical malpractice laws provide compensation to deserving victims while enabling medical practitioners to remember to work in a professional manner.
Lawyers specializing in medical malpractice are civil lawyers who prove the various aspects of recklessness, negligence, and intentional misconduct in a professional environment.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
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