Why Hire a Patents Lawyer El Paso with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Patents Lawyer El Paso appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Patents Lawyer El Paso law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
What is Peritoneal Mesothelioma?QUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
Two Main Elements of Construction Claims
If you are serious about an idea and want to see it turned into a fully fledged invention, it is essential to obtain some form of patent protection, at least to the 'patent pending' status. Without that, it is unwise to advertise or promote the idea, as it is easily stolen. More than that, businesses you approach will not take you seriously - as without the patent pending status your idea is just that - an idea.
1. When does an idea become an invention?
Whenever an idea becomes patentable it is referred to as an invention. In practice, this is not always clear-cut and may require external advice.
2. Do I have to discuss my invention idea with anyone ?
Yes, you do. Here are a few reasons why: first, in order to find out whether your idea is patentable or not, whether there is a similar invention anywhere in the world, whether there is sufficient commercial potential in order to warrant the cost of patenting, finally, in order to prepare the patents themselves.
3. How can I safely discuss my ideas without the risk of losing them ?
This is a point where many would-be inventors stop short following up their idea, as it seems terribly complicated and full of dangers, not counting the cost and trouble. There are two ways out: (i) by directly approaching a reputable patent attorney who, by the nature of his office, will keep your invention confidential. However, this is an expensive option. (ii) by approaching professionals dealing with invention promotion. While most reputable promotion companies/ persons will keep your confidence, it is best to insist on a Confidentiality Agreement, a legally binding document, in which the person solemnly promises to keep your confidence in matters relating to your invention which were not known beforehand. This is a reasonably secure and cheap way out and, for financial reasons, it is the only way open to the majority of new inventors.
4. About the Confidentiality Agreement
The Confidentiality Agreement (or Non-Disclosure Agreement) is a legally binding agreement between two parties, where one party is the inventor or a delegate of the inventor, while the other party is a person or entity (such as a business) to whom the confidential information is imparted. Clearly, this form of agreement has only limited use, as it is not suitable for advertising or publicizing the invention, nor is it designed for that purpose. One other point to realize is that the Confidentiality Agreement has no standard form or content, it is often drafted by the parties in question or acquired from other resources, such as the Internet. In a case of a dispute, the courts will honor such an agreement in most countries, provided they find that the wording and content of the agreement is legally acceptable.
(iv) There are considerable savings, as the Provisional Patent Application costs 10 to 12 times less than other forms of patenting.
When contemplating this form of patenting, it is advisable to turn to agencies experienced in this type of procedure (for instance http://www.newinvent.com)
8. About the Final Patent ('Utility Patent')
This is the final unchangeable form of your invention. Most usually, it will have a formal structure involving such things as background literature, disclosure of invention, claims, embodiments, practical examples for use, detailed figures and drawings, etc. It will protect your invention for 20 years from the date of filing and you will get a formal Patent Document once it has been fully examined and accepted. Usually, it takes from 12 to 18 months to obtain a final patent after application. It is approximately 10 to 12 times as expensive to prepare as a provisional patent and has to be taken out for each country separately, which makes it a very expensive process, as lodgment fees must be paid in each case. It becomes especially expensive if protection is sought. In more then one country. Therefore, a final patent should only be taken out where it is highly warranted, e.g.: when someone wants to develop your invention and would like to buy the patent rights.
9. Following the Patent Procedure
After a patent protection was obtained, whether in the form of a Utility Patent or a Provisional Patent Application, it is advisable to advertise it as widely as possible in order to make it stand out from the large body of currently valid patented inventions (some 50 million at present). The web site "Patent Showcase" as well as other agencies specialize in this and will be able to advise once this matter comes up.
Author: Dr. Stephen G. Szirmai
Need advice: Patents Lawyer El Paso ?
Why You Need a Wills Lawyer
Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.
Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtor's prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtor's prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.
The Bankruptcy Decision
There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,
The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. What's more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the "B" word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.
Consider Chapter 13 bankruptcy
This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.
Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy
Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:
The Filing Process
All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:
· Statement of Financial Affairs.
· Schedule of Current Income and Current Expenditures.
· A schedule describing your debts.
· A schedule describing your property.
· A schedule listing exempt property.
· A summary of the above schedules.
· Statement of Intention in regard to your secured property and what you intend to do with it
· Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.
· Bankruptcy Petition cover sheet.
· Mailing addresses of all creditors.
· Any required local forms.
A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.
After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldn't be a problem.
If the creditors' attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditor's meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you don't have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors' meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.
Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.
Picking Up The Pieces
Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.
Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.
Duties of the Probate Attorney
A slip, fall or trip accident refers to a situation when a person suffers an injury by slipping, tripping and falling due to dangerous conditions in a particular property. This type of accident can occur in different locations under numerous hazardous circumstances.
Hazardous or dangerous circumstances refer to the failure of the landowner or proprietor to provide counter measures to prevent accidents from happening. Usually, a slip and fall or trip and fall accident occur when the location of the accident evidently showed long-term hazards such as poor lighting, broken stairs, slippery floors and the like which the management failed to act upon immediately.
Hence, the landowner or proprietor may be held accountable for the injury if proven that the accident happened due to negligence.
The landowner or proprietor has no obligation to neither inspect nor fix defects but he or she has the responsibility to ensure that the licensee is aware of potential hazards.
A trespasser receives no invitation or permission nor is he or she welcome to enter the establishment. The landowner or proprietor is not liable for possible slip and fall or trip and fall accident when he or she is unaware of a trespasser. Once made known that a trespasser is in his area of responsibility, it should be properly observed that warnings are issued.
If you are involved in a slip and fall or trip and fall accident, it is highly advisable to seek legal advice to determine your eligibility to file for a claim.
Remedies for Breach of Contract in Business
A lawyer taking a pro bono case means that they are providing legal services voluntarily. They are representing a criminal defendant without requiring any payment for the job. This is their way of rendering public service as required by the different bar associations if America.
Pro bono criminal defense attorneys are available country-wide. In Texas, pro bono services are widely promoted. Attorneys and paralegals are always invited by the State Bar of Texas to contribute to the society legally.
If you an aspiring attorney or a paralegal moving to Texas and would like to know what you can contribute as part of your pro bono service, here are the different ways how:
- Be a Part of the Texas Lawyers Care. This is the main support project of the State Bar of Texas. This institution offers training, assistance, and resource materials to the staff and all other pro bono volunteers. They are also the backbone of the Texas Access to Justice Commission, the main committee looking after the poor people of Texas to receive proper justice.
- Volunteer Your Criminal Defense Expertise. As a lawyer serving pro bono hours, you can take in a couple of cases in a year to help people who are short of hiring the best lawyers to represent them. You can either provide your services for free or you can charge a very minimal amount.
- Mentor Younger Lawyers. You can also do pro bono services through teaching fresh-out-of-school lawyers know their way around real courtroom scenarios. You can fill them in with the current trends of the judicial system, as well as the proper techniques to win a case, given the judge on the chair. You can also second chair a particular case. That way, you can easily integrate your own expertise along with your apprentice.
- Educating the Youth. Texas State Bar also hosts a lot of educational programs aiming to reach young people who are aspiring to be a lawyer. Classroom curriculums are also developed to for high school and college students so as to expose them to the legal world. Legal information, research materials, and case studies are also made widely available to interested parties.
- Offering Clerical and Administrative Services. As a part of your pro bono service, you can also help by serving as a clerk for the Texas Courts as well. A court clerk serves as a professional adviser to the magistrates. Although court clerks do not take part in the judicial decision making process, the job is still a challenging one for your level of expertise.
These are just some of the things you can do to serve the required pro bono hours in the state of Texas. Practicing law in Texas is quite appealing, as its State Bar aims to promote its people, rich and poor alike, all too effectively.
Signing up for a pro bono service is quite easy as well. All you have to do is to log-on to the State Bar of Texas website and fill out the necessary forms. A lot of information could also be obtained about membership requirements from there.
Texas lawyers are known to go above and beyond to make sure that the people of Texas have complete access to the state's judicial system. As a Texan criminal defense lawyer, for instance, you will be able contribute time, leadership, and commitment to the state's legal system.
Negligence - Legal CausationIn previous articles, I have discussed the importance of operating your business with a valid contract, the essential elements every Florida contract must have to be valid, and what happens when a breach of contract occurs. Lets review six common defenses that are often used to defend breach of contract claims. If you've been accused of breaching a contract, you'll want to continue reading this article.1. Statute of LimitationsIn Florida, a breach of contract claim must be brought forward within five years. If not, the claim is permanently barred and will prevent the injured party from recovering damages for their loss.2. DuressWhen one or more parties are pressured, forced or coerced into a contract, this takes away the party's free will and constitutes duress. According to the Florida court in Franklin v. Wallace, the person accused of breaching the contract can use "duress" as a defense to the alleged breach. 3. Implied Covenant of Good Faith and Fair DealingThe implied covenant of good faith and fair dealing, which requires every party of a contract to act in accordance with the contract's purpose, is commonly used as a defense to breach of contract claims. However, in Florida this defense will not negate the express terms of a valid contract.4. Impossibility of PerformanceWhen a party of a contract is unable to perform as per the contract terms due to circumstances beyond their control, this is referred to as "impossibility of performance." In Home Design Center v. County Appliances of Naples, Inc., the court established impossibility of performance as a legitimate defense to some breach of contract claims.5. Unconscionable Contract Terms A contract may be considered unconscionable if the terms are unjust, unfair or outrageous. In these instances, unconscionably may be a reliable defense to breach of contract claims. In the Florida case Kohl v. Bay Colony Club, the court held that when the terms of the contract are unfair and unreasonable at the time the contract was entered into, unconscionability may be used as a defense to breach of contract claims in the Florida courts.6. Unilateral or Mutual MistakesA unilateral mistake occurs when one party was mistaken about the terms of a contract at the time they entered into it. A mutual mistake happens when both or all parties of a contract were mistaken at the time the contract was signed. Under Florida law, if any party of a contract is mistaken about the terms of a contract at the time the contract went into effect, their mistake may be a legitimate defense for not performing as obligated. If you're being sued for breach of contract, it is imperative that you understand how to defend and protect your business and personal interests. Above we discuss a partial list of defenses that are commonly used in breach of contract claims. Depending on the facts and your circumstances, you may find one or more of these defenses applicable to your situation. You may also find additional defenses available to you that have not been covered in this article. So, do not delay. Protect your interests today.
Common Defenses to Florida Breach of Contract Claims
Anthracosis and silicosis are major industrial problems in developing but industrialized nations since a large number of workers are engaged in mining in many states of such countries. Prolonged exposure to cola dust causes anthracosis among miners. These particles give a black color to the lesions.
Coal particles reaching the alveoli are ingested by the alveolar macrophages. The phagocytes are activated by the presence of substances like silica. Fibrosis develops at these regions. The affected lobules undergo centrilobular emphysema. On prolonged exposure, progressive massive fibrosis (PMF) develops and this is the characteristic lesion in complicated pneumoconiosis. In radiological diagnosis, the lesions of progressive massive fibrosis appear as sausage-shaped densities exceeding 1cm in diameter, in the upper and mid-zones of both lung fields. Further complications such as chronic bronchitis, bronchiectasis, ischemic necrosis, thrombosis of pulmonary veins, pulmonary hypertension, cor pulmonale, and lymphatic obstruction may supervene.
Gradual onset of dyspnea and cough with purulent expectoration mark the onset of the disease. Expectoration is more copious when bronchiectasis is also present. Dyspnea worsens when progressive massive fibrosis supervenes. Cavitation of these lesions gives rise to expectoration of large amounts of black sputum. Large nodular lesions develop in the lungs in subjects with rheumatoid disease who develop pneumoconiosis. These lesions are 1-5cm diameter and detectable in radiological diagnosis (Caplan's syndrome).
Prolonged exposure to dust-containing silica (silicon dioxide) gives rise to silicosis. Often this occurs in combination with anthracosis. The lesions produced by silica dust are similar to those produced by coal dust, but the lesions are larger. In addition, silicosis also gives rise to pleural thickening and adhesions. Sometimes silicosis produces acute respiratory manifestations with dyspnea and impairment of gas exchange in the alveoli.
Cotton dust probably contains non-antigenic substances which stimulate histamine release from mast cells in the lung. Pure cotton such as surgical cotton does not provoke the symptoms. The occurrence of dyspena and cough at the beginning of the week is attributed to depletion of the mast cells of their histamine. Radiological findings are nonspecific. Treatment consists of withdrawal of susceptible persons from the environment and symptomatic measures. Numerous other disorders have also been recognized as resulting from occupational exposusre to different materials.
Once established, pneumoconiosis are treated symptomatically since specific therapy is lacking.
Workers who are employed in industry should be recruited only after proper medical examination. Persons with family history of allergic respiratory disorders and those who have features of obstructive airway disease are more likely to develop permanent ill effects. Periodic examination of the persons to facilitate early detection and removal from the harmful environment is required by legislation. Industrial establishments where the risk of penumoconioses is present have to follow specifications intended to reduce the concentration of dust in the environment and also for giving protection to the workers. Many of the penumoconioses attributable to occupational exposure are eligible for compensation from the employers.