Law Blog on Lawyers.com

Which State Should I Organize My Limited Liability Company?

Monday, July 28, 2008 by Tamara L. Harper

Organizing an LLC in another jurisdiction may be more costly than doing so in California. There may be additional filing fees and annual maintenance fees, and the expense of maintaining an agent for service of process in the state of organization.... Read More

Posted at 14:39 PM | PERMALINK

Topic: Corporate Law

Choosing From Alternative Forms of Business Entities

Monday, July 28, 2008 by Tamara L. Harper

Most clients wish to avoid personal liability for the obligations of the business (an attribute of corporations) and may also wish to personally deduct the losses of the business and avoid double taxation of the income of and distributions from the business (attributes of partnerships). For businesses with these objectives, the limited liability company may offer the best of both worlds. An LLC is generally treated as a partnership for tax purposes. At the same time, the LLC's... Read More

Posted at 14:36 PM | PERMALINK

Topic: Business Law

Charitable Remainder Trusts

Monday, July 28, 2008 by Tamara L. Harper

A Charitable Remainder Trust provides for a specified distribution, at least annually, to one or more beneficiaries, at least one of which is not a charity, for life or for a term of years, with an irrevocable remainder interest to be held for the benefit of, or paid over to, charity.... Read More

Posted at 14:33 PM | PERMALINK

Topic: Trusts and Estates

Federal Disability Retirement: SSA Approval, Part III

Thursday, July 24, 2008 by Robert R. McGill

What if an SSA decision letter is not immediately forthcoming, or does not address the same medical conditions as that applied for in one's disability retirement application? In such a circumstance, the best argument that can be put forth is to show the Office of Personnel Management that the application submitted to the Social Security Administration is essentially identical with the application for Federal Disability Retirement benefits submitted with OPM; then, to make the... Read More

Posted at 20:42 PM | PERMALINK

Topic: Administrative Law

5 Steps to Winning Military Disability Cases

Wednesday, July 23, 2008 by John B. Gately

5 Easy Steps to Winning Military Disability Cases that you can implement within a few hoours and dramatically increase your chances of obtaining a great outcome in the Physcial Evaluation Board arena.... Read More

Posted at 22:56 PM | PERMALINK

Topic: Military Law

How to Find Cutting Edge Medical Research Trials

Wednesday, July 23, 2008 by John B. Gately

Free summary of the most user-friendly search engines to find cutting edge research projects of clinical trials that may help you or your loved ones. ... Read More

Posted at 22:47 PM | PERMALINK

Topic: Americans with Disabilities Act

Change of Physician Rule Affirmed by First DCA

Tuesday, July 22, 2008 by John F. Sharpless

In Nunez v. Pulte Homes, Inc, (1D07-4340) the First District Court of Appeal recently reversed a Judge of Compensation Claims (JCC) who found that a Claimant was not entitled to a change of physician. In Florida, "upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident.&qu... Read More

Posted at 07:39 AM | PERMALINK

Topic: Workers Compensation

Federal Disability Retirement: SSA Approval, Part II

Monday, July 21, 2008 by Robert R. McGill

In order for an SSA approval to have an impact upon a Federal disability retirement application, the Social Security Administration's decision letter granting benefits must provide a detailed explanation as to the basis for the approval, delineating the medical basis, the medical conditions upon which the decision was made, etc. Thereafter, the applicant can submit the decision letter, but this is where it is important to have an attorney provide the proper... Read More

Posted at 16:52 PM | PERMALINK

Topic: Administrative Law

Federal Disability Retirement: SSA Approval

Friday, July 18, 2008 by Robert R. McGill

Of interest is what to do when a Social Security filing for disability benefits has been approved prior to the FERS/CSRS disability retirement application being approved. This is a rarity, and indeed, it should logically be that way: for Social Security disability requires a higher standard of (essentially) "total disability"; while the criteria for approval under FERS/CSRS is that of an "inability to perform the essential elements"... Read More

Posted at 23:14 PM | PERMALINK

Topic: Administrative Law

Iowa OWI / DUI Field Tests - The Eye Test

Friday, July 18, 2008 by Mark Thompson

This article explains the danger of the Horizontal Gaze Nystagmus test which is often employed by officers in searching for OWI (DUI) violations. This article was drafted by Iowa Criminal Lawyer Mark Thompson. His website is www.thompsonjustice.com. His main blog page is www.thompsonjustice.com/blog... Read More

Posted at 17:33 PM | PERMALINK

Topic: DUI/DWI

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