Category Archives: Lawyers

Joseph Law Corporation Adds Litigation and Employment Law Specialties with Addition of Jonathan M. Cohen

Joseph Law Corporation announced today that it has expanded its complex litigation and employment law expertise through the addition of Jonathan M. Cohen as Of Counsel to the firm.

Joseph Law Corporation Adds Litigation and Employment Law Specialties with Addition of Jonathan M. Cohen

“We are extremely pleased that Jonathan Cohen is teaming up with Joseph Law Corporation. With his extensive state and federal court litigation expertise as well as his experience providing pre-dispute advice in the areas of complex commercial transactions, executive compensation and employment law, we have rounded out our ability to offer complete legal solutions to public companies and private businesses,” said Jonathan Joseph, the firm’s chief executive officer.

Jonathan Cohen brings many years of trial experience to Joseph Law Corporation. He concentrates his practice on complex litigation as well as pre-dispute counseling. His practice includes executive compensation negotiations and employment law, including wrongful termination litigation, harassment, retaliation and discrimination. His trial experience includes class actions, complex commercial disputes, insurance coverage, real estate, product liability, securities, commodities and derivative litigation. He has represented clients in state and federal court in addition to domestic and international arbitrations and mediations. Prior to joining the Joseph Law Corporation, Mr. Cohen was a partner in the San Francisco office of Winston & Strawn LLP. Jon Joseph and Jonathan Cohen initially met eight years ago when they were partners in the San Francisco office of K & L Gates (previously known as Kirkpatrick & Lockhart Nicholson Graham LLP).

Joseph Law Corporation is an AV® rated firm based in California that emphasizes complex banking, corporate, regulatory, securities and transactional matters for financial institutions, entrepreneurs, businesses, investors and venture capital firms. Joseph Law is known for sophisticated expertise, extraordinary commitment to clients, relationship-based services, and a range of specialized capabilities typically found only in the largest American law firms. For additional information, please visit the firm’s website at http://www.josephlawcorp.com.

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Schillings Recommend Key Changes To Privacy And Reputation Protection

Schillings, the leading law firm protecting the privacy and reputations of businesses and high-profile individuals, has released the findings of its recent research entitled – ‘A private life in the public eye’. The research report sets out a ‘Blueprint for change’ to help people protect their privacy and reputation without compromising the vital principle of freedom of expression. The launch of the report coincides with the Government’s DCMS Select Committee’s comprehensive report into Press Standards, Privacy and Libel.

Schillings Recommend Key Changes To Privacy And Reputation Protection

The overarching aim of the research was to discover what it means to be in the public eye today and where the line should be drawn to separate the part of a person’s life that should remain private. The key areas of interest included: Attitudes towards privacy; Importance of legal measures; Due prominence of apologies; The effectiveness of the Press Complaints Commission; Dissatisfaction with press reporting; Prior notification and the future challenges facing reputation protection.

The research provides evidence that people are dissatisfied with the current position regarding reputation and privacy. The opinions of the audience presented in the report do not necessarily represent those of Schillings. An area of common ground is the view showing that whilst it is important to permit publication of matters that are genuinely in the public interest, too often reputations are damaged, and privacy invaded, by the publication of stories that are untrue, or where the main aim is to satisfy salacious curiosity about the lives of the rich and famous irrespective of the distress caused to them, their families and their friends.

Gideon Benaim, Partner at Schillings, who led the research project commented: “Schillings has been at the forefront of developing privacy law in this country and has set legal precedent providing everyone the right of protection in respect of their home life, their children and medical information, as well as other areas considered private. This means their private life should not be reported by the press unless it is truly a matter in the public interest. However, in some areas we find the media don’t make the correct distinction between ‘public interest’ and ‘of interest to the public’ which are quite different concepts.”

Schillings concluded that the aims of existing laws are sound. But in practice, they frequently fail to achieve a satisfactory balance between the public interest, the truth and privacy. The report recommends three key reforms to reputation laws under the proposal called the ‘Blueprint for change’; each of which are supported by the recommendations in the DCMS report.

– The press should have to notify people before publishing stories that will seriously invade their privacy.
– It should be easier to obtain injunctions preventing the publication of untrue allegations.
– Introduce a pre-publication system to resolve disputes.

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How to Negotiate Effectively and Peacefully With the IRS

California Holistic Lawyer Duane Light counsels his clients to have compassion for any authority figure they speak with, and to approach them as a “friend in the making.” Here is an inspiring story from one of Duane’s past clients:

“I am a professional counselor.  In 2002, I had a beautiful and profound outcome with an IRS tax issue, based on an “enlightened” approach suggested to me by my friend and Holistic Attorney Duane Light. When I first spoke to Duane, I was afraid of the IRS. I had a large IRS debt that grew after a serious injury kept me from earning income for two years. I didn’t know what to do and was especially afraid of calling them.

I called Duane, and he gave me guidance to call the IRS with an open heart, honesty and compassion.  He suggested that I “treat the IRS agent as a friend in the making.”   He told me that the average job turnover in the IRS is 9 months, and that many of these individuals don’t enjoy their work. and rarely experience compassion and care from someone on the other end of the phone line.

After meditating and praying until I became calm, and when I sincerely felt that I could care for the person on the other end of the line, I made the call.  My heart was open toward the IRS agent, and I know he felt that. I was able to be friendly, direct and truthful about my financial situation.  Amazingly, the agent reclassified my debt as uncollectible!  All my dealings with the IRS since that time have been completely benign and full of good will.” S.F., Mill Valley , California

Mr. Light also recommends being organized with numbers, paperwork, and an offer that you can follow through on, so you can help the agent with his or her analysis. And, if you get the rare belligerent agent on the phone, it’s o.k. to say that something came up and that you have to go, disconnect and call back a little later – you’ll get a new agent and can start anew.

Duane Light became a holistic lawyer in 1996, limiting his practice to people who wish to invoke their highest principals and create spiritually fulfilling outcomes. Mr. Light now enjoys higher client satisfaction, and cases generally go more smoothly and more often result in win-win outcomes.

You can learn more about this effective and compassionate approach at www.PeaceInTheLaw.com. Mr. Light can be reached at Ask@PeaceInTheLaw.com or 877-275-5444.

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Divorce Attorney Introduces A Novel Reduced Fee Program For His San Francisco Bay Area Clients Who Pay Their Bills Promptly

People facing a decision to end a marriage are often daunted at the prospect of paying the notoriously very high hourly fees charged by experienced Family Law attorneys. A complicated case can require hundreds of hours of attorney time, and therefore tens of thousands of dollars in expense. Even a simple case requires a significant expenditure to complete financial disclosures, negotiate a complete settlement and prepare and execute the numerous required documents.

Especially in the current economy of depressed home values and decimated investment accounts, paying even a very good professional for services at a typical rate of $350 to $450 per hour, and more, just does not make sense to most potential clients.

When asked why their rates are so high, Divorce attorneys routinely justify the high rates by pointing out that their clients often do not pay their bills in full, leaving the attorney with uncollectible accounts receivable. This low rate of collection therefore justifies charging everyone a higher rate, or so they say.

In response to the current economy, and realizing that the many honest clients who do honor their financial obligations should not be charged extra to cover the unpaid bills of complete strangers, Berkeley attorney David Holcomb has been offering clients a novel reduced hourly fee arrangement. He realized that expecting some clients to not pay, and then overcharging good clients to make up for the others, was itself the problem. So he has turned this around. Mr. Holcomb explains: “If my clients are willing to make a real commitment to paying for my services, then I commit to an hourly rate that is $50 to $150 per hour less than most other experienced attorneys are charging.”

Mr. Holcomb’s attorney/client fee agreement literally puts a line through his standard hourly rate, and instead offers a reduced rate for every minute of services he provides, so long as the client either posts advance payment for services, or pays within 10 days of invoicing. If the client falls behind, they are assessed the full rate.

This has been a true “win/win” that works for both clients and for this “Compassionate Divorce” attorney. “We start out on a foundation of mutual trust, and mutual responsibility, with mutual rewards. In the 8 months since initiating this new policy, I have never had to assert the “standard” rate, because my client’s are very appreciative of the fair value of my services, and make an extra effort to stay ahead of their bills.”

Mr. Holcomb acknowledges that a good lawyer’s service on a divorce are never cheap, but he estimates his comparatively low hourly rate saves each client $5,000 on average, or about a 20% savings.

“My clients are happy to pay less, and I am happy to get paid for my work”, he says. “Too many of my colleagues complain about clients who demand services but refuse to pay for what they have already received, much less for future work. My clients are treated fairly from the outset, and so they treat me fairly. That is our contract from the beginning. We are all much happier.”

Mr. Holcomb is a trained Collaborative Divorce professional, offering “out of court” divorce services. He has 24 years experience as a divorce and civil litigator in all the Northern California courts. He is available for mediation, litigation and pre-marital and post-marital planning.

Mr. Holcomb offers a fixed fee initial consultation at either his main South Berkeley or Walnut Creek office.

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Lawyers To Lawmakers: Reject Anti-Consumer Foreclosure Bill

A group of attorneys who represent foreclosure defendants around the state is calling on lawmakers to reject a proposed new law deceptively titled “Homeowner Relief and Housing Recovery Act” designed to change Florida’s foreclosure process from that is supervised by the courts, to a non-judicial process that would be entirely in the hands of the banks and mortgage companies from start to finish. Lawyers for Homeowners Rights or LHR-FL, a statewide coalition of consumer attorneys, will travel to Tallahassee on April 21 with homeowners to speak out against this anti-consumer legislation. According to Chip Parker, a Jacksonville attorney, “every Florida homeowner should be worried about passage of this bill”.

The two bills, HB 1523 by Rep. Tom Grady, R-Naples, and SB 2270, by Sen. Michael Bennett, R-Bradenton, will be considered this week by legislative committees. These two lawmakers want to allow mortgage companies to obtain foreclosure quickly so the home owned by a borrower who falls behind on their payments can be sold only after two letters sent by mail. If the homeowner does not respond or cannot pay what has been demanded by the bank, the house can be s sold -even if the homeowner is still living in it. There would be no independent review of any amounts claimed to be owed, or whether there has been a default under the mortgage, or even if the mortgage company has the right to foreclose even if there has been a mistake.

“It offends me that bankers can convince our lawmakers to use such blatantly misleading titles to legislation in a concerted effort to fool consumers,” said St Petersburg attorney Matt Weidner, who represents hundreds of homeowners across the state in foreclosure proceedings. “I see first-hand, every single day the profound effect the foreclosure crisis is having on consumers, institutions and our communities. This bill will do nothing to help homeowners.”

LHR-FL opposes the legislation saying that these institutions cannot be trusted with the foreclosure process pointing to a federal probe, recently reported in the Wall Street Journal, that is now underway and looking into alleged fraud by a Jacksonville, Florida company known as Lender Processing Services and its subsidiary Docx, LLC. These companies regularly prepare thousands of documents for banks and mortgage companies to be used in foreclosures all over the U.S., including at least one document that was prepared and filed in a Florida county showing that “bogus assignee” owned the mortgage. “Our lawmakers should not vote to trust the same people involved in that kind of activity. That is not good judgment in our view”, says Weidner.

Dominick Salfi, a former Circuit Court Judge in Seminole County, says “passage of this law would only worsen the abuse by mortgage companies”. He continues, “mortgage companies, banks and their lawyers are taking advantage of our overworked judges and their support staff who do not have sufficient hours in a day to thoroughly review each file.” LHR-FL argues that lawmakers who vote to put the foreclosure process in the hands of an industry that has shown little regard for the law, our courts and homeowner rights themselves risk being someday at the mercy of these institutions if mortgage payments are missed. “It’s a sobering thought. Even if you have faithfully paid for years into your mortgage, if something unexpected happens to you and cannot pay, or if the mortgage company mistakes you for someone else, it’s two notices and you’re out. That could happen to anyone, and it’s just not safe at all.” says Parker.

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Quigal.com Is Celebrating Its National Launch With A Sweepstakes Campaign

Quigal.com is celebrating its national launch with a sweepstakes campaign, which will award the winner an Amazon Kindle.

Quigal.com offers users the ability to search online for top-tier attorneys in their local market. “We felt that giving away a Kindle was the perfect way to launch our product nationally,” said Founder and CEO, Renate Harrison. “The Kindle is an innovative new device that is changing the way people read books and, similarly, Quigal is innovative and new and changing the way the people search for attorneys.”

The sweepstakes will run for a period of two months and participants can enter several ways: (i) by leaving feedback on Quigal’s website – Quigal employees are looking forward to reading the feedback and will consider any added features or changes visitors suggest; (ii) by becoming fans of Quigal on Facebook; and finally, (iii) by becoming followers of Quigal on Twitter.

Quigal.com is one of the first attorney search websites to make extensive use of social networking. Moreover, Quigal.com allows its attorneys to link to their own social networking sites. This is a feature that many other attorney search sites have not yet exploited. Harrison noted that, “At Quigal, we strive to run our site in a way that matches how visitors and businesses use the internet. Many businesses and professionals make use of social networking sites to promote their trade and it just seemed natural that Quigal would allow its attorneys to link to them as well.”

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Online Attorney Search Website To Offer Nationwide Service

Quigal, LLC, a leading provider of online attorney search services in Massachusetts , announced today that it will be offering nationwide service. Quigal.com is an attorney search engine that allows users to easily search for and quickly contact top quality legal professionals located in their area. Quigal first launched its initial beta website in Massachusetts in October of last year.

Online Attorney Search Website To Offer Nationwide Service

“Quigal.com has continued to grow as expected and we are excited to bring this service to users nationwide,” commented Renate Harrison, founder and CEO. “The entire country can now have access to quality attorneys anytime.”

Since first launching its site, Quigal.com has been steadily changing the way the public searches for attorneys online. Its attorney search service allows a user to simultaneously contact up to ten distinguished attorneys by geographical location and practice area.

In preparation for launching nationwide, Quigal.com made sure its database infrastructure was ready to handle the challenges of going national. “We took the time we needed to make sure that our national launch would go smoothly and seamlessly, we know our users expect nothing less,” explained Harrison .

In conjunction with its national launch, Quigal.com has also announced that it will be running a sweepstakes campaign. More information regarding that campaign can be found by visiting www.Quigal.com.

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A Solution to Streamline Chapter 7 and 13 Bankruptcy Law Firm Operations

When a consumer is interested in filing bankruptcy, they will normally contact a bankruptcy attorney in their area or simply walk into their office with no prior appointment. The average consumer will also want to know how much it will cost to file bankruptcy, at which time the attorney must gather enough information about their financial situation to provide a reasonable quote for services. The majority of attorneys do this by providing a free initial consultation.

A Solution to Streamline Chapter 7 and 13 Bankruptcy Law Firm Operations

Unfortunately, this method is proving to be extremely unsuccessful for many Chapter 7 and Chapter 13 bankruptcy attorneys. For example, a small law practice in Denver, Colorado recently said that she often only coverts 2 out of 10 free consultations to actual bankruptcy clients who retain her services. This is a great loss of time and money; in fact, about 80% of it.

Another attorney in Los Angeles, California said that he spends about 25 hours of free consultations per week to average 3 new clients who pay a retainer. And still, another attorney in Phoenix, Arizona said that he is spending so much of his time with free client consultations that end up resulting in a total loss of income, that he has little time to dedicate to clients who have retained him. He is considering hiring an in-house attorney or law student but is afraid he cannot afford it right now.

Problems like these, and thousands more like them are not uncommon in the average Chapter 7 and 13 bankruptcy office today. However, attorneys are finding the necessity to streamline operations just to keep up with the increased workload within the bankruptcy industry itself. They no longer can afford to spend 3, 4 or more hours per day interviewing clients, only to find out they either are ineligible to file bankruptcy; or even worse, to discover there are potential problems that may cost more time for the attorney or paralegal that were not anticipated during the initial client meeting.

A Proposed Solution
The Initial Intake Form, a tool recently developed by Colorado Bankruptcy Training, is designed to enable law firms to meet these time saving goals as well as accomplish much more.

The Initial Intake Form is a 4-page form that is basically comprised of yes and no questions. This makes it very simple and fast for potential client(s) to fill out and complete either at the law firm or over the internet by accessing the law firm’s website. The information gathered from these yes and no responses is designed to be simple and fast for the attorney to interpret also. This is accomplished through the extremely detailed, 75-page Operations Manual that comes with the package.

To find out more and watch a product demo VIDEO about the Initial Intake Form Kit, visit: http://www.coloradobankruptcytraining.com/products_intakeform.html.

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US Immigration DVD Lowers Illegal Immigration

US-Immigration-Explained, the first DVD to ever explain US immigration law to the masses in simple language is actually lowering illegal immigration rates. “We have received a number of calls recently”, states immigration lawyer and author Steven Riznyk, “that demonstrate the effect”. He states that people call explaining they had no concept of how the system works and for the first time really understand how their ideas were wrong and would hurt their lives. And people are actually telling me, states Mr Riznyk that they are returning, where others are telling me that they have decided against making the journey.

US Immigration DVD Lowers Illegal Immigration

A lot of people, states Steven Riznyk, have this misconception that they can illegally enter the United States and a year or so later all is forgiven. “I don’t know how these rumors start, but they get misinterpreted along the way and people’s lives are ruined by them”. What we are observing now, states Mr Riznyk, is that people, given the right information, are making rational decisions based on reality, not rumor. If they can decide based on a fact, they are more likely to make a decision that they will honor. And what we are finding, states Steven, is that people are finally understanding that they do have a choice; they don’t just have to run to the United States because it’s there. They can file a case legally as well. Customers are also recognizing that some things have more value than money itself.

People do not realize that there are a number of ways of entering legally. More importantly, they are realizing what the penalties are for entering illegally. As a result, US-Immigration-Explained is making people think twice before risking their lives to enter illegally. One who enters illegally is known by immigration lawyers as an EWI (Entry Without Inspection). This situation has to be distinguished from someone who enters legally and then overstays their visa. Many people in this situation do not realize that there are some options available. Once you leave the United States, a law called IIRIRA kicks in with 3 or 10-year bars for certain people. As a result, many people who had a possible solution did not educate themselves, left the country, and now are stuck separated from their family for 3, or more likely, 10 years.

An EWI puts a lot at risk. The person, usually a male, leaves his wife and children behind, and often puts his life on the line trying to enter the United States. Where before he had a family to come home to every night, he is now alone. Where before he worked a certain number of hours, he is now working every single hour he can. The comfort of a place to live is gone, and he is often sharing with a number of people. Why put all that at risk, states Mr Riznyk, when you have to live like a fugitive? This message has value especially to those who do have a family and some work back home. I don’t think they realize what they stand to lose , states Mr Riznyk, and they really have to ask themselves if they are gaining anything by being here. I have spoken to many, many people over the years who gave up their families and children, and looking back they wish they had never snuck into the US. With all the great things America has to offer, there is more value in remaining with your family than chasing the material dream, especially if you are one of the lucky ones who do have work and a family to come home to.

“There is so much misinformation out there that I felt there was a need for a clear message.” states Mr Riznyk, who has been in the field of immigration law for 22 years. I have dealt with thousands of cases of all types and there was no end to the lack of accurate information, he goes on to say. Sadly, the Internet has a lot of information but it is not organized. And there is so much to explain if you want to be thorough, states Mr Riznyk, that the shortest DVD program we were able to produce turned out to be almost 5 hours long.

And frankly, states Steven, had we not excluded the section on doctors and nurses it would have been substantially longer, and that could have made people stay away. However, the program is conveniently divided into chapters such as visitors, investors, students, relatives, workers, citizenship, miscellaneous visas, Green Cards, and waivers for criminal and health reasons.

The flip side of this, states Mr Riznyk, is that a lot of people don’t realize that they can legally achieve their goals. For example, if someone is unskilled and wants to work in the United states for 1-3 years, they can legally do so under the H-2B visa and save up some money. A Green Card is even possible, states Mr Riznyk, if they are willing to find an appropriate job offer and wait patiently. However, lack of patience often is the theme of the day and destroys future chances. Issues such as stating you are a citizen when you are not, entering illegally a second time, or voting when you are not a citizen can keep you out of this country.

The DVD is available in English, Spanish, and Japanese. It is available at www.US-Immigration-Explained.com. Steven Riznyk’s law firm can be found at www.my-Immigration-Attorney.com. His e-mail address is sr@USAexplained.com. He has also created a web site for people new in the US, tagged “The Owner’s Manual to the United States” and that site can be found at www.USAexplained.com. He is the author of two blogs, one for immigration law, and one for business investors, and the links for both can be found on his attorney web site, www.my-Immigration-Attorney.com.

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Chicago Birth-Injury Attorney Announces $6.5 Million Settlement

The Deratany Firm in Chicago announces the award of a 6.5 million dollar settlement between Jeff and Whitney G and Northwestern Memorial Hospital.

On September 30 – October 1, 1996 Whitney G gave birth to RG. The family contended that during the birth of RG, negligence on the part of Northwestern Memorial Hospital and their staff caused RG to suffer severe and traumatic brain injury.

The Deratany Firm retained over 13 world-renowned expert witnesses to testify on behalf of the family regarding the cause and severity of the infant’s sustained birth trauma injuries. These expert witnesses were specialists in the areas of pediatric brain injury, hypoxic ischemic encephalopathy, and Pitocin related pediatric brain injury.

RG is now 14 years old and a young lady whom the Deratany Firm is proud to represent. She continues to struggle with the consequent difficulties of her birth injury.

Northwestern Memorial Hospital has admitted to no liability in settling this case.

Deratany is a personal injury attorney who specializes in the areas of wrongful death and birth-trauma, and advocates for the rights of birth-injured children and their families.

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The Cap Is Getting Close For H2B Visas

This week the government released the latest count for the H2B, and we are at 58,845. The H-2B, states immigration lawyer Steven Riznyk (www.my-Immigration-Attorney.com) is a wonderful visa that allows employers with peak load, seasonal, and intermittent needs to hire temporary foreign workers to help them through. The H-2B does not have a degree requirement as contrasted to the H1b, so there is no shortage of persons available for the type of work that requires this assistance.

The only drawback to the H-2B, states Steven Riznyk, is that it requires the position to be advertised, which adds to the cost, sometimes substantially. Although this adds to the cost of the case, it is still a less expensive case than the H-1B that has filing fees of $1570 or $2320. In addition, with the H1B, employers often pay the $1000 Premium Processing fee in order to receive a rapid response. There is a blanket petition available as long as the multiple workers (called beneficiaries) conduct the same type of work on the same basis and in the same occupation and locale. Unlike the H1B’s specific rules, the employee can pay for the legal and filing fees of the case. If an employer terminates an employee, though, that employer must provide transportation to return the person to their home country and notify the USCIS. If an employer does not meet the conditions of the H2B or willfully misrepresents a material fact, he or she could face a $10,000 fine per violation, as well as be closed out of the petition process for 1-5 year term.

Workers who typically apply for the H-2B are in construction, health care, hospitality, food service, and farming. The H2B can also be used for performers as well as the technical and support personnel involved with the performance.

The H-2B can be filed up to 6 months before the need for the help arises; with most positions beginning in October and April. The first step is to obtain Labor Certification and that is where the advertising requirement enters into the picture. The DOL (Department of Labor) deals with this aspect before you can even apply for the visa. They do not allow you to obtain certification more than 120 days before you have the need.

An annual allotment of 66,000 visas is available and the SOS (Save our Small and Seasonal Businesses) Act of 2005 split it into two periods, 33,000 visas on October 1st and 33,000 visas on April 1st. The case has to be advertised in a local newspaper for 3 consecutive days (one day must be on a Sunday) and it is placed in an SWA (State Workforce Agency) job bank for 10 days. Renewals of the H2B visa are not counted towards the annual cap, nor are spouses and children. In accordance with the cap, no more than 33,000 can be issued in the first 6 months. The reason for this was in the past, winter employees had an advantage, which then impacted the availability of visas for summer workers.

In order to win an H-2B case, the employer must demonstrate a temporary need to the position. It could be a peak-load, seasonal, one-time, or intermittent need. Normally, the visa is issued for one year, but it can be renewed up to two more times, for a total of three years. However, if a visa is renewed, a new labor certificate is required. The numbers are counting down and if you are seeking an H2B, pay attention to the countdown!

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H1 B Visa Season is in Full Swing

The H1-b season is here. Many foreign workers with 4-year degrees will be filing their H-1 cases April 1st in the hopes of being able to work in the United States come October 1st. This visa is most popular amongst three groups of people: foreign students, medical professionals, and the tech sector. The H1b is fraught with a lot of misinformation. As a result, international lawyer Steven Riznyk has prepared a 9-page handout that people can download free at www.my-Immigration-Attorney.com in order to clarify the many questions immigration lawyers receive this time of year.

There is just so much misinformation out there, states Mr Riznyk, and with filing fees as high as they are, it would be a shame to file a case that would clearly not qualify. Additionally, the Internet if full of misinformation – information that is partial, preventing people from really understanding the issues. A call he received last week is indicative of what he means. A gentleman who drives trucks called me, states Mr Riznyk, and explained he had a job offer as a truck driver. We discussed his options and he had wanted me to call him back in Austria, which I did. He informed me that he did not want to hear from me anymore as he read a web site that informed him that for $247 he could apply for an H-1B visa and he stated “lawyers are too expensive”. The $247 he read in the web site stated it included filing fees. The filing fees for an H1B are $1570 or $2320, depending on the number of employees, and the H1B requires a 4-year degree or equivalent for a position that requires a four-year degree. Unfortunately, that person will not only lose $247, but also the filing date of April 1st. Most importantly he doesn’t qualify for an H1B, but nothing I could say would dissuade him.

Another aspect of the H1 that many people are not aware of is that it can be used for part-time work. The reason this is important is that the wages for an H1B employee are guided by a “prevailing wage” that the person must be paid. Regrettably, many employers seek to hire a foreign person in order to pay them less. When they discover that these candidates have to be paid a regulated wage, they often are unable to afford it. What they can do, states Mr Riznyk, is hire the person under the allowable budget, but on a part-time basis. However, states Mr Riznyk, there is a catch. If that person makes a high salary, that person is able to work part-time and still sustain themselves in the United States. If it is a low-paying position, the person may not make enough to cover expenses and that would lead to difficulties.

Lastly, cases should be well-documented. A lot of applicants pay the $1000 fee for Premium Processing so that they can have a rapid reply. However, they may receive an approval, denial, or RFE. An RFE is a Request For Evidence, or another way of stating that the government has more questions. If a case is not well documented, states Mr Riznyk, an RFE will not only slow the case down, but drive up the legal fees as responses to RFEs can take as long as the original case to prepare or longer. A lot of the appeals clients bring us, states Steven Riznyk, are from cases that were poorly prepared. I would urge people to really make certain that the case has all the information required to document all of the material aspects of the case so that it is not returned to you.

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RJW Investigates Reports Of Failures At Staffordshire Hospitals

RJW is currently investigating cases of negligence after a report by Robert Francis QC revealed a catalogue of failures at Mid Staffordshire hospitals. An obsession with hitting targets led to the neglect and unnecessary death of patients. In response, the Prime Minister said that managers would be held to account for failures by the Mid Staffordshire NHS Trust.

RJW Investigates Reports Of Failures At Staffordshire Hospitals

Francis warned that hospitals should understand that their excellence was not guaranteed by their star rating: what matters is the way patients are treated.

“The story of Stafford shows graphically, and sadly, that benchmarks, comparative ratings and foundation trust status do not in themselves bring to light serious and systematic failings,” he said.

Relatives of patients at Mid Staffordshire were unhappy that the report failed to support calls by organisations such as AvMA (Action against Medical Accidents) for a public enquiry.

Paul Sankey, specialist clinical negligence solicitor and partner at Russell Jones & Walker (RJW) said: “What is needed is a patient-centred culture in which pursuing targets does not detract from care. Sadly patients are too often been the victims of errors which should have been avoided.”

Russell Jones & Walker have a specialist team pursuing claims for people who have suffered serious harm as a result of avoidable medical accidents. They have recently recovered a 7-figure award for a brain injury claim on behalf of a man who suffered the injury after doctors failed to carry out a planned investigation and to prevent a stroke. They have also won compensation for the husband of a woman who died of skin cancer and another who died of lung cancer. Other cases concern people whose fractures were not diagnosed where the wrong tests were done or x-rays misinterpreted. They are currently involved in claims against the Mid Staffordshire NHS Trust.

RJW has a specialist medical negligence claims department with experts accredited by the Law Society and AvMA who handle claims for damages arising from clinical negligence. With its network of offices across the country RJW can assist with claims nationwide.

About Russell Jones & Walker
Russell Jones & Walker is a leading national firm of solicitors dedicated to upholding the legal rights of individuals. From the firms foundation in the 1920s the focus has and continues to be, people and those who represent them.

The firm has grown from its trade union roots into a respected national organisation with nine offices across England and Wales, and an associated office in Scotland. The reputation of Russell Jones & Walker is built on the range of expertise offered by its partners and staff and on the scope of their practical experience.

RJW Solicitors represents clients across a range of areas from personal injury claims work to commercial and criminal litigation, defamation, reputation management, clinical negligence, including cancer claims, as well as providing specialties as employment lawyers and fraud lawyers.

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Student Visa Option for the United States

This is the time of year that students are making application to foreign school and deciding on where they would like to go to enjoy their studies. Many are choosing the United States and this article will help the students understand what is involved in obtaining a student visa for the U.S. Immigration attorney Steven Riznyk (www.my-Immigration-Attorney.com) states that most students don’t require an immigration lawyer to prepare their case, but they should really understand the mechanics of the visa and what is allowed. For example, many students who call Mr Riznyk do so because they either work without authorization, overstay their visa, or do not attend classes as required and then unfortunately, they do require an immigration lawyer.

Student Visa Option for the United States

The student visa is a wonderful opportunity for someone to visit another country as well as gain an outlook on a different way of life and diverse business culture. In the United States there are 3 options for students: the F-1, M-1, and J-1 visas.

The F-1 is very popular, states Mr Riznyk, and is used by students seeking to enter the United States to pursue a degree or seek other educational options that are not covered by the M-1. In order to qualify, it has the requirement that the student keep a foreign residence which he or she does not intend on abandoning. In other words, a student cannot enter the United States with the intent of living there permanently. The student must enter with the intent of studying full-time. Family members of the student receive an F-2 but cannot work or study, with the exception of children, who may attend grades 1-12.

In order to obtain a student visa, the applicant must find a school that will accept him or her and then use the form I-20, which can be found on www.USCIS.gov. In addition to being accepted by an approved school, the student must demonstrate academic credentials sufficient to attend the school, states Mr Riznyk. The student must also demonstrate that he or she has enough money to pay for the school as well as living expenses. A proficiency in English is required, unless the student can show that he or she will be taught English at a level that would make him or her proficient. Last but not least, the student must show that he or she intends to depart the US at the end of the studies. Read on, however, as this aspect gets interesting!

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Russell Jones & Walker Wins Claim Against London’s Oldest Gay Pub

Russell Jones & Walker has won a claim (Case number: 609803.1) of adopting ‘an anti-gay policy’ against the new owners of London’s oldest gay pub on behalf of Mr Charles Lisboa, 41, who joined the Coleherne Arms as Assistant Manager shortly before it re-opened as the Pembroke Arms in December 2008.

The pub, regarded as London’s first ‘gay pub’, had attracted an exclusively gay clientele until its acquisition by Realpubs in 2008. The new owners stated that they intended to refurbish the pub and re-package it as a gastro-pub, to attract patrons from a wider section of the community.

However, soon after the pub re-opened as the Pembroke Arms, Malcolm Heap, Director at Realpubs, expressed concern to staff that the clientele had not really changed. The Tribunal accepted that Mr Heap, along with Jimmy Sydney, the pub’s General Manager, took various steps to ‘de-gay’ the pub, including putting a sign up outside proclaiming, ‘This is not a gay pub’.

Mr Heap also stressed in an email to one of Realpub’s investors that he was attempting to ban the pub’s ‘over the top’ customers.

Mr Lisboa was uncomfortable with the stance taken by Realpubs’ management regarding their attitude to him and the pub’s gay customers. On one occasion, Mr Lisboa was asked by Mr Heap to reprimand a gay couple for their behaviour, referring to them as ‘queens’. Mr Heap then went on to say that Mr Lisboa was ‘another kind of gay’. On a separate occasion, Mr Heap stated that one of Mr Lisboa’s colleague’s ‘walked too camp’.

Only four weeks after joining the Pembroke Arms Mr Lisboa tendered his resignation due to sex discrimination.

The London Central Employment Tribunal has upheld Mr Lisboa’s claim that he was the victim of discrimination at work and awarded him compensation. However, his claim of constructive dismissal was deemed unsuccessful.

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New York Mother And Gay Teen Son Continue New York Supreme Court Battle

Rhonda Mangus and her 18 year old son Michael have been battling with the legal system since 2005. Their conflict began then, when Michael was 13, and had begun attending North Tonawanda High School. Identified as gay, Michael was mercilessly bullied and finally received a written death threat.

Thus began their saga: Mangus removed the teen from school attendance and with involvement of the Niagara County Department of Social Service and the New York State Office of Family and Child Services found herself placed in the state’s data base of offenders for “educational neglect”.

This past winter, she failed to get the charge remanded by the New York Supreme Court’s Appellate Division.

Professional and legal guidance from Jay Paul Deratany, a high profile attorney in Chicago, who is aiding Mangus on a pro bono basis, has given Mangus renewed determination to keep fighting for justice. “It is a dream come true to have the backing of a man of his caliber.” she says.

Deratany has a strong record of political aspirations (running on the Democratic ticket for Chicago offices), human rights advocacy, philanthropy, power legal settlements – in the multi-millions – for his injury litigation (specializing in children) , and even as a playwright: His play, ‘Haram Iran’, a human rights theater piece, has made it on the Chicago and Los Angeles stages.

Now Mangus is seeking local counsel in Niagara County, NY, who will be able to work in tandem with Deratany and his associate Nathan Polum.

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New Jersey Resident Affected by the January 2010 Toyota Recall for Defects in Gas Pedals Files Suit

Class Action Status Requested To Benefit All Residents of New Jersey Who Own or Lease Toyota Vehicles Subject to the January Recall.

Parker Waichman Alonso LLP, together with Douglas & London, P.C. and the Becnel Law Firm, LLC, announces that it filed suit on behalf of a New Jersey woman who purchased a Toyota vehicle subject to the recall issued in January 2010 for defects in the vehicles’ gas pedals. The lawsuit, which was filed in the U.S. District Court for the District of New Jersey, seeks class action status intended to benefit all residents of New Jersey who purchased or leased a Toyota vehicle of model years 2005-2010 subject to the recall for defective gas pedals.

Parker Waichman Alonso LLP has been contacted by hundreds of Toyota owners with questions about their legal rights in relation to the January 2010 recall. If you or someone you know owns or leases one of the Toyota vehicles involved in this recall, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling Parker Waichman Alonso LLP at 1-800-LAW-INFO (1-800-529-4636).

In August 2009, the National Highway Traffic Safety Administration (NHTSA) and Toyota launched an investigation relating to the unintended acceleration of some of its vehicles. On September 29, 2009, the NHTSA announced that Toyota was recalling floor mats on approximately 4.2 million vehicles, which allegedly caused the accelerator pedals in the vehicles to become stuck in the depressed position, leading to uncontrollable and rapid acceleration of the vehicles. On January 21, 2010, Toyota recalled 2.3 million vehicles produced in the years 2005 through 2010 due to accelerator pedals on those vehicles becoming stuck in a depressed position, causing unexpected and unsafe acceleration. To date, Toyota has recalled a total of 5.3 million vehicles due to defects in accelerator pedals, which can unexpectedly become stuck in place and send the vehicle into rapid, uncontrollable and unsafe acceleration.

According to the class action lawsuit filed by Parker Waichman Alonso LLP, Douglas & London, P.C., and the Becnel Law Firm, LLC, in 2008 Margaret Gonzalez purchased a Toyota Avalon LTD from Brunswick Toyota in Brunswick, New Jersey, which was subject to recall in January 2010. The complaint alleges that because of Toyota’s negligence, Ms. Gonzalez and members of the purported Class lost the use of their vehicles, and sustained, among things, economic losses and severe emotional distress.

The complaint charges Toyota with negligence, breach of express and implied warranty, unjust enrichment and violations of the New Jersey Consumer Fraud Act. The class action lawsuit seeks to recover compensatory, equitable, and actual and punitive damages for the Class, as well as injunctive relief and attorneys fees.

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Parker Waichman Alonso LLP Files Suit Against Toyota Motor Corp. USA, Inc.

Class Action Status Requested To Benefit All Residents of New York State Who Own or Lease Toyota Vehicles Subject to the January Recall

Parker Waichman Alonso LLP, together with the Becnel Law Firm, LLC and Douglas & London, P.C., announces that it filed suit on behalf of a New York man who leased a Toyota vehicle subject to the recall issued in January 2010 for defects in the vehicles’ gas pedals. The lawsuit, which was filed in the U.S. District Court for the Eastern District of New York, seeks class action status intended to benefit all residents of the State of New York who purchased or leased a Toyota vehicle of model years 2005, 2006, 2007, 2008, 2009, and/or 2010 that is subject to the January 2010 recall for defective gas pedals.

Parker Waichman Alonso LLP has been contacted by hundreds of Toyota owners with questions about their legal rights in relation to the January 2010 recall. If you or someone you know owns or leases one of the Toyota vehicles involved in this recall, please contact our office by visiting www.yourlawyer.com. Free case evaluations are also available by calling Parker Waichman Alonso LLP at 1-800-LAW-INFO (1-800-529-4636).

On January 21, 2010, Toyota recalled 2.3 million vehicles produced in the years 2005 through 2010 due to accelerator pedals on those vehicles becoming stuck in a depressed position, causing unexpected and unsafe acceleration. To date, Toyota has recalled a total of 5.3 million vehicles due to defects in accelerator pedals, which can unexpectedly become stuck in place and send the vehicle into rapid, uncontrollable and unsafe acceleration.

According to the class action lawsuit filed by Parker Waichman Alonso LLP, the Becnel Law Firm, LLC and Douglas & London, P.C., Peter Phaneuf leased a Toyota Camry LE in 2009, which was subject to recall by Toyota in January 2010. The complaint alleges that because of Toyota’s negligence, Mr. Phaneuf and members of the purported Class lost the use of their vehicles, and sustained, among things, economic losses and severe emotional distress.

The complaint charges Toyota with negligence, breach of express and implied warranty, unjust enrichment, and violations of the New York State General Business Law. The class action lawsuit seeks to recover compensatory, equitable, and actual and punitive damages for the Class, as well as injunctive relief and attorneys fees.

About Parker Waichman Alonso LLP
Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in New York, New Jersey and Florida. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, drugs and medical devices. For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

About Becnel Law Firm LLC
Becnel Law Firm, LLC has been in existence for over 30 years and is one of the largest personal injury firms in the New Orleans area. The Becnel Law Firm LLC is a full service law firm representing clients both locally and nationally.

About Douglas & London, P.C.
Douglas & London, P.C. is a national personal injury law firm based in New York City. Over the past decade, Douglas & London, P.C. has built a formidable reputation by taking on precedent-setting mass torts and complex cases involving products liability, pharmaceutical companies and medical device manufacturers.

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Online Attorney Search Service To Offer Nationwide Service

Quigal, LLC, a leading provider of online attorney search services in Massachusetts , today announced that it will start offering its search service nationwide beginning April 5, 2010. Currently, the website (www.quigal.com) allows users in Massachusetts to easily search for and quickly contact top quality legal professionals located in their area. Quigal first launched its initial beta web site in Massachusetts in October of last year.

“The steady increase in web traffic we have successfully serviced since our launch has demonstrated that we are ready to offer our service nationwide,” commented Renate Harrison, founder and CEO. “Fortunately, things have gone pretty much as planned and we feel that this is the right time to take this next step.”

Since first launching its site, Quigal.com has been steadily changing the way the public searches for attorneys online. Its attorney search service allows a user to simultaneously contact up to ten top-tier attorneys by geographical location and practice area. This announcement means that, starting April 5 th , the entire country will have access to top-tier attorneys anytime.

To handle the expected influx of new users, Ms. Harrison added: “In the next couple of months, Quigal will be making sure its database infrastructure will be ready for the challenge of going national. We are taking the time we need to make sure we do this right. We know our users expect nothing less.”

Are you interested in registering with Quigal? Please visit Quigal’s website at www.quigal.com. For more information about Quigal, please contact Juliana Gaita-Monjaraz.

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Keith Schilling Appearing At Cambridge Union To Debate Press Freedom

Schillings, the UK law firm dedicated to protecting the reputations of international corporations, brands and high-profile individuals, will be taking part in a Cambridge Union debate on press freedom.

Keith Schilling, one of Britain’s most sought after lawyers for his work in defamation and privacy, joins Max Mosley and James Price QC to complete a line-up of experts in what promises to be a thought provoking debate on the motion – ‘This house believes the British press has too much freedom’.

Opposing the motion will be David Leigh, Investigations Editor at the Guardian, author, Tom Bower, and Alex Thomsom, Channel 4 News Correspondent.

The Cambridge Union Society is the oldest and most prestigious student debating society in the world. Founded in 1815, it has welcomed speakers from across the world and across generations. From Prime Ministers to archbishops, from generals to Presidents, the Society has hosted giants from all walks of life.

The Cambridge Union is well known for its contentious debates with high profile figures who are asked to passionately defend what they believe in. The panel open themselves to discussion with union members on contemporary issues that often reflect what’s going on in the media.

Preparing for the debate Keith Schilling said: “I am really looking forward to debating this important and topical issue, particularly in such auspicious premises. Whilst freedom of expression is fundamental to any democracy, there are insufficient checks on the media’s freedom which can result in significant and often irreparable harm.”

The debate will take place at 8pm on Thursday 21st January at the Union building in Cambridge.

About Schillings:
Schillings is one of Britain’s top media law firms dedicated to reputation protection and safeguarding the rights of international corporations and brands, high-profile business people and those in the public eye. The firm’s 25 year track-record in defamation, privacy law and copyright cases together with family law, matrimonial and commercial dispute resolution is second to none, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

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