A software development agreement is essential to give each of the parties what they need and avoid disputes; but if a legal dispute should arise, a software development agreement illustrates what the parties’ terms to the agreement were. A lawyer is not always needed to draft the agreement, but it is a very good idea to seek legal advice (and we recommend you at least have a free legal consultation with our office_ before entering into any formal contract. Organize the agreement into steps or phases of work throughout the project. The agreement should specify the finished product of each step and the amount to be paid once that finished product is delivered. Require the client to sign off on each step upon its completion. Organizing the agreement into project steps will help in several ways, such as (a) Help the parties understand what is expected of the party doing the work, (b) Allow the parties to gauge the process of the work, (c) Enable the parties to resolve any disputes, (d) Give the parties a point at which to terminate the contract if needed, (e) Help to decrease the risk of an unsatisfactory final product, (f) Avoid false claims of nonperformance or unsatisfactory performance after the project is complete, and (g) Allow the parties’ to handle and accommodate the client’s changing needs. Software specifications are like a blueprint, acting as an illustration of what will be created and as a guide to help determine the satisfaction of the end product. Including detailed software specifications in a software development program lessen the likelihood of misunderstandings, which can lead to litigation. Since the client knows in detail what to expect, he or she is less likely to be dissatisfied with the end result or withhold payment. It is important that the developer clearly communicate to the client what he or she is planning, but the developer should then prepare a specific technical specification. Including the method of payment avoids any dispute over payment, later. There are two methods usually used in a software development agreement a time and materials agreement is favored by developers, because the client pays the developer for the time spent and the actual costs of creating the software. You should also have a fixed-price agreement involves the client paying the developer a fixed amount for the whole project. Typically, clients agree to pay more if the software development takes longer than expected. Without this understanding, the developer may deliver a rushed, unsatisfactory product or may end up quitting before completion. Clients favor this agreement, because it gives them the certainty of the cost and leverage to demand timeliness. The debate over who will own the intellectual property rights to the software is often a deal breaker. As the creator of the software, the developer owns the copyright. If the developer is the client’s employee or the software is a smaller pare of a piece of work commission under a written agreement, then the client owns the copyright through his or her agency with the developer. The developer and client can agree on any number of ownership possibilities. Some parties agree to give the client sole ownership, while others agree to give the developer ownership and the client only having license to use the software. There are several options in between these two issues, any of which can suffice according to what the parties agree. “Background technology” refers to the various development tools, data, and materials developers use that may end up in the final product. If the copyright ownership of the software is given to the client, the client will probably end up owning the background technology that was used to develop that software. To avoid this from happening, developers must include a provision in the software development agreement that states that the developer retains all ownership rights of the background technology. In addition to this provision, the developer should grant the client the license to use the background technology. Most software development agreements contain a warranty provision, promising that the developer and the end product will do what it is intended to do for a specific time, and that the developer will fix it if it doesn’t. Since software development agreements involve a lot of bargaining between the parties, warranty provisions vary: Software performance warranties give a promise to the client that the software will work the way the developer promised, and the developer will fix it for free if it doesn’t. These usually specify a time frame of between 90 days to a year after software delivery. Title warranties are a promise by the developer that the client will receive good title to the software. Non-infringement warranties specify that the software does not infringe on anyone’s copyright, trade secrets, patents or any other intellectual property rights. A provision in the agreement explaining how any disputes between the parties will be settled is an absolutely vital term. Settling issues out of court can save a lot of time, money, and often gives the parties a more desirable result than allowing a judge to decide. There are two methods of dispute resolution to choose from: (1) Arbitration involves a third party who decides the issue based on the merits of the case. Depending on what the arbitration agreement specifies, the third party’s decision may or may not be binding. Parties that agree to binding arbitration are waiving their right to allow a court to enforce the contract. (2) Mediation is more affordable and far less formal than arbitration. Unlike arbitration, the decision made during mediation is not binding. Mediation involves a third party who sits down with the parties and helps them try to settle their disputes by providing objective views of the issues or guiding them through talking about tough issues. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Divorce Lawyers Salt Lake City via Michael Anderson https://www.ascentlawfirm.com/software-development-agreement-law/
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Congress, the legislative branch of the government, writes the Internal Revenue Code (IRC), also called the tax code. The tax code directs the collection of taxes, the enforcement of the tax rules, and the issuance of tax refunds, rebates, and credits. Remember, credits can be more beneficial than deductions, because with credits, you can actually get money back from the IRS. Money that you didn’t even pay into the system. So you need to keep your eyes out for these. The IRS is the government agency within the U.S. Department of Treasury charged with carrying out these functions. Since everyone must pay taxes of some sort — whether it’s sales tax on a gallon of milk or capital gains tax on a $5 million stock sale — it’s important to get a general understanding of taxation in the United States. Tax Basics: How is the Tax Code Interpreted? The IRS interprets tax provisions through IRS regulations, which provide guidance on the application of tax law. Because not every tax code has a regulation, the IRS also uses revenue rulings, revenue procedures, and letter rulings to offer guidance. Although the IRS can offer its own interpretation of the tax code, when a dispute arises it is the role of the federal court system — a part of the judicial branch of the government — to interpret the tax code and to decide how Congress intended its application. Tax Basics: How Does the Government Use Taxes? The U.S. government collects income taxes, payroll taxes, sales taxes and real estate taxes from individuals and companies. The government disburses the money, according to its budget, to the appropriate agency to use for purposes like national defense, Social Security, education, national parks, and for government services like welfare. Tax Basics: How Does the Government Collect Income Taxes? The government receives most of its revenue for its budget through income taxes. The collection of income taxes occurs throughout the year by withholdings from a person’s paychecks. At the end of the year, every person that earned income must file a tax return to determine whether the government collected enough taxes through withholding or whether the government owes a person a refund for paying too much tax. Tax Basics: What is Taxable Income? There are two types of income subject to taxation: earned income and unearned income. Earned income includes:
Taxable unearned income includes:
It is possible to reduce taxable income by contributing to a retirement account like a 401(k) or an IRA. Tax Basics: What are Allowed Deductions? The government allows the deduction of some types of expenses from a person’s adjusted gross income, or gross income minus adjustments. A person can exclude some income from taxation by using a standard deduction amount determined by the government and a person’s filing status or by itemizing certain types of expenses. Allowable itemized expenses include mortgage interest, state and local taxes, charitable contributions, and medical expenses. Tax Attorney Free ConsultationWhen you need legal help with taxes, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Improper Withdrawal From Funds via Michael Anderson https://www.ascentlawfirm.com/basics-of-taxes/ Utah Code 30-3-35 refers to parent time, also known as visitation in some states and in some chords, this means the time the non-custodial parent spends with a child or the children in either a child custody case or divorce case, depending on the circumstances. Chapter 3 of title 30 in the Utah code contains the very important custody laws of the state of Utah. These have been altered an amended throughout the years however they are currently in place as of the time of this writing. These are the statutes for laws of the state and parents settled custody issues whether the children were born in a marriage or outside of marriage. One of the biggest issues that parents must handle is making a proper parenting plan. This can often be done with mediators or child custody attorneys. Here are some of the guidelines in the Utah code that affect the parenting plan. Separating mothers and fathers should acquaint themselves with the provisions of these laws in the state of Utah so that they can make a custody agreement that will be approved by a court. Section 10 of chapter 3 explains that the primary consideration when determining a custody agreement is what is best for the child. This is often referred to as the best interests of the child test. The state holds firmly to the standard and it means that the mother and father must come up with a plan. What the parent needs. The courts will not accept an agreement that isn’t in the child’s best interest. Usually parents want to do what is in the child’s best interest but this is not always the case. Even though the court considers joint custody in every situation, does not mean that joint custody is automatically awarded or that it should be awarded in your case. Sometimes parents simply can’t get along to be with one parent over both parents. Anytime the parents are able to agree on a parenting plan, they can submit it to the court and have it accepted. Our office is able to help you with this when you are ready to schedule an appointment, please contact our office so we can talk to you about parenting plans and now they work. When the parents aren’t able to cooperate on a custody agreement, the judge or Court commissioner determines what the custody order will say and what the parent plan will be. When making a ruling on the issues of a parenting plan, the judge will consider the moral character both parents, which parent is most likely to act in the best interest of the child, which parent wants to have a relationship with the other parent, and the extent of bonding between each parent and the child. Child Custody Lawyer Free ConsultationWhen you need legal help with a child custody matter, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Don’t Leave a Dog or Child in the Car via Michael Anderson https://www.ascentlawfirm.com/utah-code-30-3-35/ The Securities and Exchange Commission has announced that it obtained an emergency court order freezing brokerage accounts holding more than $29 million in illegal profits from insider trading in advance of the April 2016 acquisition of DreamWorks Animation SKG, Inc. by Comcast Corp. In a complaint filed in U.S. District Court in the Southern District of Utah, the SEC alleged the five accounts reaped $29 million from the DreamWorks trades. The complaint also alleges the accounts profited from other suspicious trading in another U.S.-based company and three China-based companies ahead of market-moving news. Yin, a partner at Summitview Capital Management Ltd., a Hong Kong-based private equity firm, allegedly did not trade in DreamWorks stock through his own account but instead traded through five accounts from addresses in Beijing and Palo Alto and on a computer that also accessed Yin’s email accounts. “Despite the defendant’s alleged attempts to hide his control over these accounts, the SEC’s data analytic investigative tools enabled us to determine who was behind the suspicious trading,” said Michele Wein Layne. “Our action today shows that the SEC will not hesitate to freeze the assets of foreign traders when they use our markets to conduct illegal activity.” The SEC’s complaint charges Michael Yin with securities fraud and names the holders of the five brokerage accounts – Lizhao Su, Zhiqing Yin, Jun Qin, Yan Zhou and Bei Xie – as relief defendants. The SEC is seeking a permanent injunction, return of allegedly ill-gotten profits, civil money penalties, and other relief. FINRA DISPUTE RESOLUTION AND ARBITRATION TASK FORCE RECOMMENDATIONSThe Financial Industry Regulatory Authority (FINRA) today released a status report on the recommendations made in the FINRA Dispute Resolution Task Force’s Final Report issued in December 2015. In July 2014, FINRA had formed a 13-member task force composed of individuals representing a broad range of interests in securities dispute resolution to consider possible enhancements to its arbitration and mediation forum. FINRA released an interim status report in October 2016 and today’s report sets forth further progress made to date. FINRA has discussed all of the task force recommendations with the National Arbitration and Mediation Committee (NAMC). FINRA has taken action on 35 of the 51 recommendations; 16 are pending. Robert Cook, FINRA’s President and CEO, said, “We are very pleased to report that we have already implemented many of the task force’s recommendations, and we are diligently responding to the remaining recommendations. Many of the recommendations we are putting in place are meaningful changes that will position the forum to better serve all parties involved. The NAMC and FINRA staff are doing an effective job of comprehensively reviewing and promptly taking action on the recommendations.” Many of the recommendations, particularly those involving forum transparency, arbitrator recruitment and training, and case administration processes did not require rulemaking and were implemented in 2016. Among those, the report notes that FINRA received 945 arbitrator applications in 2016, far exceeding its goal to recruit 750 new arbitrators. FINRA’s latest arbitrator demographic survey, which was conducted by an external consulting firm, showed particular progress in adding women and African-Americans to the roster. In 2016, 33 percent of the arbitrators added were women (compared to 26 percent in 2015) and 14 percent were African-American (compared to 4 percent in 2015). FINRA commenced the rulemaking process on six of the recommendations. Of those, the SEC has already approved two proposals related to the number of public arbitrators on lists and motions to dismiss; there are four proposals in various stages in the rulemaking process, including a proposal addressing the task force recommendation to develop an intermediate form of adjudication for small claims. The task force’s recommendations were reviewed by the NAMC, FINRA’s standing Board advisory committee, which recommended items to implement immediately, items that would require further discussion and items that may not be feasible. FINRA’S ACADEMIC CORPORATE BOND TRACE DATE PRODUCTFINRA launched its new Academic Corporate Bond TRACE Data product, an enhanced historical data product available solely to institutions of higher education. The product supports and encourages academic research on corporate bonds by providing academics with access to TRACE historical transaction-level, corporate bond data. The data is available on a 36-month delayed basis and include masked identifying information regarding the dealer reporting each transaction, as academics have requested. In addition, the product includes a security identifier, execution date and time, price, yield, quantity, commission, buy or sell, and principal or agency capacity. FINRA’s existing Historical TRACE Data product, which will continue to be available, provides transaction-level data on an 18-month delayed basis, but does not include any dealer-identifying information. “With interest in the fixed-income markets and market design on the rise, the Academic Corporate Bond TRACE Data provides researchers with broad content to investigate issues of interest to market participants and regulators including liquidity provision, search costs, inventory models, price discovery and the treatment of retail orders,” said Jonathan S. Sokobin, FINRA Chief Economist and Senior Vice President. “We believe the product will lead to research that increases understanding of these important markets.” The cost for the data is $500 per calendar year, plus a one-time set-up fee of $500. In addition, subscribers must sign an agreement specifying that they will not re-distribute the data or attempt to reverse engineer the identity of any market participant, among other requirements. FINRA is dedicated to investor protection and market integrity. It regulates one critical part of the securities industry – brokerage firms doing business with the public in the United States. FINRA writes rules, examines for and enforces compliance with FINRA rules and federal securities laws, registers broker-dealer personnel and offers them education and training, and informs the investing public. In addition, FINRA provides surveillance and other regulatory services for equities and options markets, as well as trade reporting and other industry utilities. FINRA also administers a dispute resolution forum for investors and brokerage firms and their registered employees. FINRA Lawyer Free ConsultationWhen you need legal help with FINRA or a FINRA arbitration, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/finra-lawyer/ There are many different ways that you can go about beginning a home search. For instance, many people like to hire a real estate agent to help them in their search, while others have found classified advertisements to be their greatest tool. Whatever method you choose, you should still commit yourself to getting out into the market to look at open houses and to get a feel for what is happening in the communities you are considering. Today, home buyers have a very powerful tool in the internet that can be of great use when beginning a home search. There are many internet search options that allow you to view homes in your desired area and price range. Some of these searches are even smart enough to suggest other, nearby areas where your money could stretch further. Find Listings of Homes For Sale in Your AreaPeople who are beginning a home search often fall into the trap of thinking that they will never find the right home. However, this could just be because they have not explored all of the available means of finding homes for sale in their desired locations. Here is a short list of ways that you can find homes for sale in the area you desire: Visit the area, and drive around residential neighborhoods — Many people find a home simply by taking a drive or a walk around neighborhoods that they think that they would enjoy. “For Sale” signs are often seen in neighborhoods during the warmer months of the year, and if you go on a weekend, you may even see some homes that are hosing open-house events. Also, people that are listing their homes as “for sale by owner” may not list their homes in conventional places, like classified ads. So, the only way you may ever find these opportunities is by seeing the sign on the front lawn. Newspapers — The classified section of the local newspaper will often have home listings advertised. In addition, many newspapers now put their classified section online, which makes it easier than ever to determine the homes for sale in your desired. The Internet — The internet has become one of the most powerful resources that you can use to find homes in your price range and area of interest. Indeed, a large majority of those looking for a new home will use the internet as their first tool in their searches. There are many websites that allow you to search through homes in a certain area. Most of these sites use the multiple listing service (MLS) to get their data. Because you will likely find the same data on several different sites, it makes sense for you to find the site that works best for your needs. Figure Out What You Want in Your HouseOnce you have been looking at the realty scene for a while, you may start to discover certain aspects of homes that appeal to you more than others. In addition, you will also probably start to notice things in homes that you strongly dislike. Once you have some ideas of what you are looking for in a home, you should make a list of home attributes, categorized into three areas: Must-Haves — This category should be filled with those things that a home must have in order for you to be interested. For example, a good school district, space for a workshop, a two-car garage, and more. This list should be the most carefully complied, as you do not want to purchase a house that does not have all of your “must-haves.” Using Real Estate AgentsIf you follow the home search steps above and later decide to hire a real estate agent, you will probably find that your preparation will come in handy when working with your agent. If you can direct your agent to homes that you know you are interested in, and also show your agent your home preferences list, the agent should be able to work for you in an efficient manner. Real Estate Lawyer Free ConsultationWhen you need legal help with purchasing your home, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/finding-a-home/ You should never leave a child or dog in a car no matter the season, but especially during these hot summer months because cars heat up much faster. Since 1998, 723 children have died of heatstroke from being left in vehicles as well as an endless number of dogs. Leaving your child in a car may lead to personal injury or even wrongful death. There are many dangers to leaving your child or dog in the car. We recommend that you be sure you keep your entire family is safe, and you don’t have to call your lawyer. If you are caught in a situation involving personal injury or wrongful death, be sure to hire a the right personal injury attorney. Keep something you need in the backseat. Whether it is your cell phone, or even one of your shoes, leave it in the back. This way you have to reach back there to get the item and will remember you have your child or dog in the backseat. Make a habit of always checking in the car before locking it. This way you can be sure everyone is out of the car. Once this becomes a habit, you will feel much more confident you aren’t leaving a child or dog in the car. Once you have parked your car, lock the car. Whether you are at the store or parked in your garage, keep the car locked at all times. This will prevent curious kids getting stuck in cars. These are just a couple of ways to prevent leaving your children and dogs in a hot car, and avoiding having to call anything from a wrongful death to a personal injury lawyer. It is important to understand the temperature inside a car can increase 20 degrees in just 10 minutes. Riding a Motorcycle in Bad WeatherRiding a motorcycle can be dangerous, whether it is in the rain or in bad weather. About 72 out of every 100,000 motorcycles end up in an auto accident. Motorcycle accident cases are 35 times more fatal than those that happen in a passenger car. With the seasons changing, road conditions change as well. When riding through the rain, use these tips to adjust your riding accordingly to avoid an accident. Fall and Spring in Salt Lake City means off and on wet weather. This rain can get rather cold, depending on the time of day that the sky opens up. When you are riding in the rain, be sure you are wearing the proper gear. You need to have gloves, boots, and a waterproof rainsuit. The rainsuit will keep you dry, but if you want extra warmth, you may want to consider wearing extra layers. A helmet is necessary when riding a motorcycle in the rain. You can equip your helmet with an anti-fog visor to help keep clear vision. If you are injured in an accident, a lawyer can help investigate the accident and get you smoothly through the legal process. When riding through rain, it is important to change the way you ride. Instead of switching your throttle adjustment in large increments, do it in small increments. Slow down and use less lean when turning. Start breaking sooner rather than later. Be cautious when driving through the intersections. The oil in the pavement will surface after rain. This will make the roads slick and the perfect situation for motorcycles to slide. Instead of speeding through yellow lights, slow down for them. No one wants an accident. Not you, not anyone else. Be safe out there! Personal Injury Lawyer Free ConsultationWhen you’ve been injured in a motorcycle accident, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/dont-leave-a-dog-or-child-in-the-car/ Many tax filers find themselves in the middle of filling out their tax returns when they realize that they have questions about different tax laws and forms. The vast amounts of information on the IRS’s website are useful, but it can be difficult to know where to start. This section will guide you to the appropriate tax forms to use, as well as to the correct places to look for particular provisions of tax codes. It also has a number of useful resources, including a list of frequently requested IRS forms; and links to tax forms, tax codes and taxpayer assistance for all 50 states. If you call us, we can help you find the correct tax form for you in your specific situation. Federal tax law is more complicated than nearly any other set of laws in the country. However, most taxpayers will not need to worry themselves with large sections of the tax code. The federal tax system is largely built around a set of forms. Most taxpayers qualify to use form 1040 or 1040EZ to file their annual taxes. Additional forms termed “schedules” allow for itemized deductions, the calculation of business profits and losses, the reporting of capital gains and losses, requests for Earned Income Credit, and calculation of self-employment tax. Some other commonly-used tax forms include the W-2 Wage and Tax statement, a form employers must provide employees to report the amount of wages paid and taxes withheld within the fiscal year. Other forms can request an offer in compromise, an extension of time to file, the application of the alternative minimum tax, or to report a change of address. State tax laws vary greatly. Some states have no income tax, while others have no sales tax. State taxes pay for state services in all cases, but states are permitted to determine what should be taxed, and how much. This lack of uniformity means that you will need to familiarize yourself with the tax requirements of your state to understand your obligations fully. Our resources can help you learn more about tax in your state and neighboring jurisdictions. There is a bewildering array of tax forms available. Call us and we’ll help you find both federal and state tax forms that will allow you to file taxes on your income, claim deductions and credits, negotiate compromise where there is a dispute, or receive instruction and information on a broad array of topics. These documents can be a helpful resource to learn more about your rights and obligations as a taxpayer. IRS Lawyer Free ConsultationWhen you need legal help with an IRS or tax matter, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can I Change The Interest Rate On My Car Loan in Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/tax-law-forms/ Cybersquatting is generally defined as the registering, sale or use of a domain name containing a trademark that the registrant doesn’t have the rights to with the intent to profit from the goodwill of the mark. Cybersquatters generally depend upon the goodwill associated with someone else’s trademark. By buying up domain names that are closely linked with a pre-existing business or person, cybersquatters hope to profit through an association with well-known trademarks or through sale of the domain to the trademark owner. Cybersquatters also may have more nefarious purposes such as capturing personally identifying data from unsuspecting users mistyping the URL. Thankfully, there are legal options to help you recover from a cybersquatting-related offense, including the Anti-Cybersquatting Consumer Protection Act “ACPA”. There are few ways you can tell if you have been the victim of cybersquatting. Generally, you should first check out the domain name that you want to register to see if it leads to a legitimate website. If the address is of a website that looks to be functional and related to the subject of the domain name, then you have most likely just come to the game too late and will have to offer to buy the domain name unless you can make a case for trademark infringement.
ACPA LawsuitsACPA is designed to allow trademark owners to sue an alleged cybersquatter in federal court. If the trademark owner wins, these lawsuits generally result in a court order requiring the cybersquatter to transfer the domain name to the trademark owner and, in some situations, pay monetary damages as well. For a plaintiff to be successful in such a lawsuit, he or she must be able to prove that the trademark was distinctive at the time the domain name was first registered – that the domain name registrant (the alleged cybersquatter) had a bad faith intent to profit from the trademark – that the registered domain name is identical or similar enough to cause confusion with the real trademark, and that the trademark is protectable under federal trademark law (meaning that the trademark is distinctive and its owner was the first to use the mark in commerce). ICANN ArbitrationThe ICANN started its arbitration system after assuming control of domain name registration. ICANN began using the Uniform Domain Name Dispute Resolution Policy (UDNDRP), an international policy aimed at arbitrating most domain name disputes instead of litigating. Under this policy, an action for arbitration can be brought by anyone that claims that: (1) The domain name owner has no rights or legitimate interest in using the domain name; (2) The domain name in question is identical or similar enough to be confused with a trade or service mark that the claimant has rights to; and (3) The domain name was registered in bad faith. If the trade or service mark owner can establish each of these elements during the arbitration, they will win. When this happens, the domain name will be cancelled and transferred to the claimant. However, there is no possibility of money damages being awarded under UDNDRP. ACPA Lawyer Free ConsultationWhen you need legal help with cybersquatting or ICANN, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/cybersquatting-law/ A self-help eviction occurs when a landlord retakes possession of a property without using the eviction process. The use of self-help may amount to landlord harassment. Nearly every state prohibits a landlord from using self-help to evict a tenant. A state’s legal eviction procedures apply regardless of what a tenant has done or how a tenant behaves. Even if the tenant has not paid rent, has destroyed property, or has violated a term in the lease or rental agreement, a landlord may only legally remove the tenant by following state eviction procedures. A landlord should avoid the following self-help methods: Allowing utility companies to cut off service by failing to pay the bill Courts frown on self-help evictions, and may readily award a tenant damages for an illegal removal. If a landlord does illegally evict a tenant, the tenant may sue the landlord for trespass, wrongful eviction, assault, battery, slander, libel and the intentional infliction of emotional distress. A tenant’s behavior will not shield a landlord from liability. Instead, a court may view the landlord’s unlawful actions as landlord harassment. The tenant is entitled to actual money damages for the expenses resulting from the illegal eviction. This may include compensation for temporary housing, for the food that spoiled when the electricity was cutoff, or for property that disappeared when the tenant was locked out by the landlord. Some states may allow a tenant to recover monetary penalties, such as two or three months rent or two to three times the actual damages. A tenant may also be able to remain on the premises, receive free occupancy, or vacate the premises and collect their security deposit from the landlord. Evict a Tenant Lawfully Instead of using landlord harassment and other illegal means to force a tenant to vacate a rental property, a landlord should follow applicable state laws when evicting a tenant. Although it may take longer and cost more money, it will protect a landlord from hefty fines. Because eviction procedures vary in each state, the following are general guidelines for evicting a tenant. Step 1: Serve the Tenant with a Termination Notice Before a landlord can go to court to remove a tenant, the tenancy must be terminated. A landlord may terminate a tenancy with or without a reason. Cause, or a legal reason, may be necessary to terminate a tenancy regulated by rent control ordinances, however. To evict a tenant for cause, three types of termination notices are available: Pay rent or Quit: The tenant must pay rent within a set time (usually three to five days) or vacate the rental unit. Step 2: File an Eviction Lawsuit aka – an “Unlawful Detainer Action” If the tenant fails to cure the violation or refuses to vacate the premises within the specified time, the landlord must file an unlawful detainer action to have the tenant lawfully removed. The landlord must file a “complaint” with the court. A complaint contains the facts that justifies the eviction and may contain a request for back rent and damages. The landlord must serve the tenant with the complaint, along with a summons, which is the document informing the tenant of the lawsuit. Step 3: Wait for the Tenant’s Answer The tenant can respond to the complaint with an “answer” within the time specified on the summons. The tenant may use the answer to deny the allegations or submit a defense. A tenant, for example, may assert that the eviction is retaliation or that the missing rent was used to make necessary repairs that the landlord refused to make. Step 4: Receive an Order of Restitution If the tenant does not respond to the complaint, a default judgment is issued for the landlord. If the tenant does respond with an answer but the court rules in favor of the landlord, that judgment entitles the landlord to possession of the property. Step 5: Remove the Tenant Even though the landlord is entitled to repossess the property, the landlord cannot remove the tenant without the assistance of a law enforcement officer. Once an officer, typically a marshal or a sheriff, receives the judgment and a fee, they will notify the tenant of the lawful eviction and the number of days the tenant has to move. If the tenant fails to vacate the property within the time specified, the law enforcement official may physically remove the tenant. Eviction Lawyer Free ConsultationWhen you need legal help for an eviction, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/illegal-evictions-can-get-you-in-trouble/ The Securities and Exchange Commission charged a Utah-based company and its founder with falsely touting “record” revenue numbers to investors and claiming to be a leader in the marijuana industry while some of its earnings came from sham transactions with a secret affiliate. According to the SEC’s complaint, Medbox provided marijuana consulting services and claimed to sell vending machines known as “Medbox” devices capable of dispensing marijuana on the basis of biometric identification. The SEC alleges that Vincent Mehdizadeh created a shell company called New-Age Investment Consulting to carry out illegal stock sales and used the proceeds from those sales to boost Medbox’s revenue. Medbox allegedly issued press releases headlining the phony revenues as record earnings to legitimize itself as a viable commercial operation when in fact nearly 90 percent of the company’s revenue in the first quarter of 2014 stemmed from sham transactions with New-Age. Mehdizadeh allegedly acknowledged in a text message that “the only thing we are really good at is public company publicity and stock awareness. We get an A+ for creating revenue off sheer will but that won’t continue.” Meanwhile, according to the SEC’s complaint, Mehdizadeh funded the purchase of a luxury home in the Pacific Palisades with proceeds from New-Age’s illicit stock sales. The SEC’s complaint additionally charges Medbox’s then – CEO Bruce Bedrick with being complicit in the scheme and personally profiting. The SEC also charged New-Age and Mehdizadeh’s then-fiancée Yocelin Legaspi with unlawfully selling unregistered securities. Mehdizadeh installed Legaspi as the supposed CEO of New-Age when he created the company. “As alleged in our complaint, investors were misled into believing that Medbox was a leader in the burgeoning marijuana industry when the company was just round-tripping money from illegal stock sales to boost revenue,” said Michele Wein Layne. Mehdizadeh and Medbox, which has since changed its name to Notis Global, have agreed to settle the SEC’s charges. Mehdizadeh agreed to pay more than $12 million in disgorgement and penalties and agreed to be barred from serving as an officer or director of a public company or participating in any penny stock offerings. The settlements are subject to court approval. The SEC’s litigation continues against Bedrick, Legaspi, and New-Age. FINRA EXPELS LAWSON FINANCIAL AND BARS CEO ROBERT LAWSON FOR FRAUDULENT MUNICIPAL BOND SALESThe Financial Industry Regulatory Authority (FINRA) announced today that it has expelled Phoenix-based Lawson Financial Corporation, Inc. (LFC) from FINRA membership, and has barred LFC’s CEO and President Robert Lawson from the securities industry for committing securities fraud when they sold millions of dollars of municipal revenue bonds to LFC customers. FINRA found that Lawson and his wife, Pamela Lawson (LFC’s Chief Operating Officer), who were co-trustees of the trust account, violated FINRA rules by breaching their fiduciary duties as trustees and engaging in self-dealing with the trust account. FINRA also determined that Robert Lawson misused customer funds. In addition to expelling LFC and barring Robert Lawson, FINRA suspended Pamela Lawson from associating with any FINRA member firm for two years and fined her $30,000 to be paid prior to her return to the securities industry. This disciplinary action settles a May 2016 complaint filed against LFC, Robert Lawson, and Pamela Lawson. SEC ANNOUNCES CASES RELATED TO DISCLOSURES DURING BATTLES FOR CORPORATE CONTROLThe Securities and Exchange Commission announced two enforcement actions involving disclosure violations that deprived investors of material information during battles for corporate control of publicly traded companies. In one case, the SEC’s order finds that Texas-based oil refinery company CVR Energy made inadequate disclosures in SEC filings about “success fee” arrangements with two investment banks retained by the company to fend off a hostile takeover bid. Shareholders were consequently unaware of potential conflicts of interest that stemmed from the fee arrangements, namely that the banks could still earn success fees even if the hostile bidder secured control of the company. CVR agreed to settle the case without admitting or denying the findings in the SEC’s order, which notes that the company will not pay a penalty due to its remedial acts and extensive cooperation with the investigation. The SEC’s order in the other case finds that groups of investors failed to properly disclose ownership information during a series of five campaigns to influence or exert control over microcap companies. Jeffrey E. Eberwein and Charles M. Gillman collaborated with mutual fund adviser Heartland Advisors in some of these campaigns, and other campaigns involved a hedge fund adviser headed by Eberwein called Lone Star Value Management and a private fund advised by Gillman called Boston Avenue Capital. In each of these campaigns, the groups collectively owned more than five percent and sometimes even more than 10 percent of the companies’ outstanding common stock, yet the required ownership filings to disclose that information to the investing public were either incomplete, untimely, or altogether absent. Without admitting or denying the findings, they consented to the SEC’s order and agreed to penalties of $90,000 for Eberwein, $30,000 for Gillman, $120,000 for Lone Star Value Management, and $180,000 for Heartland Advisors. “Full, fair, and accurate disclosures from all parties in a battle for corporate influence or control are critically important to investors particularly when they are called upon to make decisions about their investments,” said Gerald Hodgkins, Associate Director of the SEC Division of Enforcement. “Investors in these companies were deprived of key facts needed to make informed investment decisions.” SEC and Marijuana Business Lawyer Free ConsultationWhen you need legal help with the SEC or a Marijuana Business, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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via Michael Anderson https://www.ascentlawfirm.com/sec-and-marijuana-business/ |
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