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Legal Articles

1: Criminal Defense Practice Specialties
A summary of common criminal defense practice specialties. -DWI and DUI Defense - Issues arising from operation of a vehicle (including cars/trucks, boats, snowmobiles, etc.) while under the influence of alcohol or drugs, or while intoxicated or impaired. DWI and DUI charges carry a wide range of penalties and collateral consequences. If injuries are sustained, charges could include criminal vehicular operation and homicide. DWI and DUI charges can range from a misdemeanor to felony level. -BWI Defense - Issues arising from operation of a boat while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide. -SWI Defense - Issues arising from operation of a snowmobile while under the influence of alcohol or drugs, or while intoxicated or impaired. If injuries are sustained, charges could include criminal vehicular operation and homicide. -Wisconsin OWI cases - Issues arisi

2: IP Protection Strategy for Highly Sensitive, Short Life-Cycle Software Driven Analytical Technologies
This is a plane language outline of a suggested Intellectual Property (IP) protection strategy that is appropriate for a typical financial services company's R&D position, one which provides flexibility to react to future challenges to such a company's proprietary IP assets. In highly competitive fields, especially those driven by "bleeding-edge" technologies, such as the Investment & Financial Analysis field, the question of how to appropriately protect an especially advantageous advancement is a difficult question to answer. This difficulty is compounded if the advancement is software driven or relates to other art fields where the post-release product life-cycle can be relatively short, i.e., five to ten years. Generally, in the US, where software based technologies are routinely protected under existing intellectual property (IP) laws, there are two sets of laws under which a protective strategy can be formulated: Trade Secret law and Patent law [1]. Although these two bodies of

3: Worker’s Compensation Lawyers
Worker’s Compensation is a program that is available, and usually mandatory, for most businesses. It is there to protect the business in the event that an employee is hurt on the job. If an employee is injured at work, it is up to the business to pay all the medical bills. Without Worker’s Compensation insurance, those costs can have an enormous effect, especially on new or small businesses. With this type of insurance, hospital trips, follow up appointments, prescription drugs, and surgeries will be covered. It is available to protect the business from these large bills, as well as from lawsuits. When an employee signs on and agrees to Worker’s Compensation, he or she waives the right to take legal action against the business should an accident occur. If starting a new business, it is important to become familiar with the requirements of Worker’s Compensation, which may differ depending on the district or state that the business is located in. Depending on the nature of the bu

4: Frequently Asked Questions About Federal Crime
1. What is the difference between a federal and state crime? A federal crime is a violation of a statute passed by the United States Congress. A state crime is a violation of a statute or ordinance passed by the state legislature or a local authority. Usually the federal crime addresses criminal activity or a more national concern. Although, in recent decades the federal government has become increasingly involved in prosecuting drug and violent crimes, areas once left almost exclusively to the states. Many crimes are prosecutable in both state and federal courts. 2. Who investigates and Prosecutes federal crimes? For the most part, federal criminal offenses are investigated by agents of federal agencies such as the FBI, DEA, ATF, Secret Service and others. Occasionally, state law enforcement officers work in conjunction with federal agencies. Federal crimes are usually prosecuted by the United States Attorney's Office for the area where the crime occurred. Sometimes a prosecutor fo

5: Workers' Compensation in Minnesota
WHAT IS WORKER'S COMPENSATION? Workers' compensation benefits are laws that are dedicated to providing money and medical benefits to an employee who has an injury as a result of an accident, injury or occupational disease incurred at work. The laws are specifically designed to protect workers and their dependents against the hardships from injury or death arising out of the work environment. The Worker's Compensation laws benefit both the employee and employer. The employee receives money (usually on a weekly or biweekly basis) and medical benefits in exchange for forfeiting the common law right to sue the employer. By contrast, the employer benefits by receiving immunity from court actions against them by the employee in exchange for accepting liability that is limited and determined. WHO PAYS WORKER'S COMPENSATION BENEFITS? All employers are required by Minnesota Statutes, section 176.181, subdivision 2, to either purchase workers' compensation insurance to provide benefits to

6: Social Security DIsability - Getting the Financial Support you need
Making an Application: The first step in applying for Social Security disability benefits is to complete an interview with the Social Security Administration (”SSA”). You can schedule an interview with SSA by calling them at 1-800-772-1213. You will have the option of completing your interview in person at your local Social Security office or requesting that a telephone interview be conducted by SSA. The process is generally faster and more convenient if you request that a telephone interview be scheduled. If requesting a telephone interview, SSA will schedule a time and date for one of their representatives to contact you at home, via the telephone. Upon completing the interview, SSA will send you a number of forms for your review and signature. Initial Decision: Once you have completed the initial application, it may take SSA up to 120 days to process your claim and make its initial decision. Please note most claims, approximately 75 percent, are denied at the initial level. If your

7: Defense to Drug Offenses
Drug charges come in many different varieties. Regardless of the offense, penalties may be severe. For even a first offense on a possession with intent to sell, state sentencing guidelines often result in up to 12 years in prison. In the federal system, the penalties may be even more severe. Civil penalties may also apply. Police authorities make money by confiscating your property. If you were arrested for drug offenses, property can be seized. This includes cash that the person may have had with them, vehicles they may have been using or even homes where drug offense are alleged to have occurred. The evidence will be held without releasing it so long as there is an ongoing investigation. Often, prosecutors will attempt to forfeit the property permanently. It is often possible to file a lawsuit seeking the return of your property. The collateral consequences of a conviction are also severe. Even a minor drug offense conviction may result in the inability to work in certai

8: Defendeing Against False Allegations of Abuse
October is "Domestic Violence" month. The goal of this declaration is to raise awareness about the high level of violence in families. However, it is also be a time to reflect on our laws, the inequities that they create and how you protect yourself against false allegations of abuse in a flawed legal system. Gender Issues of Domestic abuse Today, a war rages over the issue of domestic abuse. Women’s groups contend that they are the primary victims of domestic abuse and have responded by orchestrating campaigns seeking sympathy for their position. These efforts have been amplified by high profile cases of alleged abuse by celebrities such as Ike Turner, O.J. Simpson, Mike Tyson, James Brown, and Tommy Lee. These cases and the campaigns the spawn are often the focus of media outlets around the United States. This attention over the past few decades has resulted in increased awareness of domestic abuse against women, and new laws to prevent domestic abuse - some that focus on women s

9: Minnesota Assault Offenses
Minnesota law distinguishes between assault and battery in civil lawsuits. However, under its criminal code, battery is included under the heading of assault. An assault is an act done with intent to cause another injury or imminent fear of injury. The act may be direct (hitting someone with a fist) or indirect (putting something in their drink). Minnesota criminal assault comes in various degrees depending on whether injury was inflicted and the severity of the injury. A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. The criminal penalties are severe. However, the collateral consequences of a conviction are, perhaps, even more significant. As a result, it is extemely important to protect your public and criminal record. First, if convicted of an assault, employers who require a background check will not hire you. That is particula

10: DWI: Minnesota's Implied Consent Law
On August 1, 2005, the legal limit of blood alcohol concentration was reduced to .08. from the previous limitation of .10. If you test with a blood alcohol content greater than that amount you will not only be charged with a criminal offense in violation of the state's drunk driving (DWI,DUI ) laws, but in an entirely separate civil proceeding, your driver's license will be revoked under the state's implied consent laws. Minnesota's implied consent law states that if you drive, operate, or are in physical control of a motor vehicle within the state including on any lakes or waters, you consent to a chemical test of your blood, breath, or urine to determine the presence of alcohol, a controlled substance, or a hazardous substance. Under the law, a refusal to submit to testing, either through a blood, breath, or urine sample, will result in the immediate revocation of your driving privileges. In fact, the consequence of a refusal is usually greater than the consequence of taking brea


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