Saturday, 26 January 2013

Criminal Defense Attorney Orange County

I've never been a criminal but I always thought that if I broke the law and committed some heavy crimes, what kind of criminal defense attorney Orange County would I get. Watching T.V gives us a stereotype of Attorneys that handle criminal defense. They always seem to be a little shady of character. I mean lets face it, a criminal defense Attorney, defends criminals. This kind of lawyer defends clients who are sex offenders, those who commit sex crimes. In my mind those are the worse kind of clients to have. Criminal defense Attorney Orange County are also usually big money Attorneys. Orange County is a wealthy area. The county contains lots of people who suffer charges for sex crimes, domestic violence, DUI cases not to mention all the other crimes you can be charged with. Crimes result in money for criminal defense Attorneys. The charges incurred by these clients are astounding. I don't know how they can even come up with the money to pay these Attorneys, although I have heard that in order to pay these exorbitant charges, those being being defended have to sell they homes and everything they own. The way I see it, it's a crime the charge these ridiculous rates. Criminal defense Attorneys understand that they can charge these rates because people will pay them. I guess the best way out of paying these fees is not to commit a crime or search for Criminal defense Attorney Orange County California is a breeding spot for criminal defense Attorneys, especially in Orange County. Besides being a high income area, there is one city in particular, Santa Ana, that is low income. Many crimes of all types are committed there. Domestic violence is high on the list of crimes committed. They also service a lot of DUI cases. I'm not sure about the sex crimes, but in my opinion, most of the county criminal population resides in Santa Ana, Orange County, California. I would have to drive through Santa Ana quite often and every time I did I wondered what crime would be committed on me today. Luckily, I never had to hire an attorney to prosecute any criminal and I hope I never end of needing a criminal defense Attorney Orange County. One time I remember logging onto the internet and checking out how many Attorneys handle criminal defense. There were pages and pages of lawyers defending criminals. When I saw that, I wondered what kind of lawyer would defend a criminal. Who would want to defend clients who blatantly break the law? Now, I can almost understand defending a person with a DUI, but defending a clients who commit sex crimes is beyond me. Do these lawyers not have any moral fortitude? I would have a difficult time with that. My problem is that I've already convicted most of the people charged with these kind of crimes before they are even tried. I'm amazed when I see how many family members of these criminals support them. If one of my family committed a sex crime or domestic violence, I would hope they go to jail for many many years. I would not support them with the charges filed against them. In most criminal cases, if you are associated with the crime, then you are probably somehow connected with the crime. I know that sounds closed minded but if you don't want to be charged with a crime don't associate with criminals and stay away from the possibilities of committing one. by Wendell Demont

Friday, 25 January 2013

What Now for the NLRB? Recess Appointments Invalid

Although undoubtedly not the last word, today's opinion by the D. C. Circuit Court of Appeals limiting the President to make "recess appointments" only between sessions of Congress, is a major break in precedent, not so much with prior court decisions but with prior practice by Presidents of both parties. Obama Labor Board Recess Appointments Are Unconstitutional, Federal Court Rules.

The political science ramifications for the balance of power between the Senate and the President, and how government operates are enormous, and will no doubt now get a lot more attention.  It makes the agreement apparently reached by the Senate Majority and Minority leaders on filibuster even more important.

Since the actual case that makes the decision involves the NLRB, and since the NLRB unlike some agencies has no provision to provide for members once terms expire (such as the current members serving until a replacement is appointed and confirmed), the logical effect of today's opinion is to shut down the Board.

At a minimum, any action that it takes is subject to a challenge. Given that the court deciding it is the jurisdiction where the Board actually sits, seems to me to pose even more problems, that might not be true if the decision were made in another jurisdiction.

While folks may disagree with the results of the decision, and already news media are pointing out that the three judges who sat on the panel are Republican appointees, they should read the opinion first.  Although the concurring judge makes a good point that having decided the initial question, that the recess appointment is limited to the inter-session Recess, at which there are two or three at most in every Congress, they should not have reached the second question, whether the President's argument  that the Senate's current procedural device for avoiding a recess was a sham, it is hard to say as a general rule that this was done by an over reaching court.

What Novell Canning v. NLRB (D.C. Cir. 1/25/13) ultimately does is serve as a good reminder of the fact that the Constitution is a governing document. As Chief Judge Sentelle noted in his majority opinion:
In any event, if some administrative inefficiency results from our construction of the original meaning of the Constitution, that does not empower us to change what the
Constitution commands. ...
The power of a written constitution lies in its words. It is those words that were adopted by the people. When those words speak clearly, it is not up to us to depart from their meaning in favor of our own concept of efficiency, convenience, or facilitation of the functions of government.
As I say, this is not the last word, but it is a very, very significant decision far beyond just the world of labor law. However, for the beleagured NLRB, it could be very well the death knell of the agency, at least for the forseeable future.

As always with developments of this type, the thought that comes to mind is the law of unintended consequences.  What makes it such a powerful rule is that by definition, that means no one knows what comes next.

Hang on.

Update: Not too surpringly, the immediate reaction from the Board is that they disagree and will continue to issue decisions. See Statement by Chairman Pearce on recess appointment ruling.

Wednesday, 23 January 2013

The "New Sheriff" Leaves Town

After arriving at the Department of Labor, Hilda Solis famously proclaimed that there was a new sheriff in town. Hilda Solis, new sheriff at the U.S. Labor Department.

Today, she leaves office with a paean to public service. Beginnings and Endings: My Journey of Public Service.

Too often, in the heat of partisan battles, it is easy to forget that although what we do for a living, i.e. representing employers, often puts us in an adversarial position to those who work in the areas that regulate employers, that what motivates those who do public service is the public good. As Secretary Solis says,
We don't do what we do for the money, or the glory; we do it because public service is the very best way to make your own, unique contribution to the world. Leaders may change, circumstances may change, but our service must be constant. It forms an unbreakable bond between ourselves and our communities, our country and the people we care about.
And even though we may disagree not only with how they go about achieving it, but sometimes even what they seek to achieve, we should always acknowledge the importance of those who choose public service.

Sunday, 20 January 2013

It Can Be Stressful Looking for an Accident Attorney

Once you have been in an accident and have injuries it can be stressful looking for an accident attorney. Nobody wants to be involved with the law, but when accidents result in the need of a law firm to get what should legally be yours an accident attorney can be a life saver. When looking for an accident attorney there is many things that need to be addressed. Each injury is different so the case and law is different too. It's important that the accident lawyer is familiar with your case and other personal injury that maybe associated with the accident. It's also important that an accident attorney is open, and you can call the law firm at anytime and talk about your case with an injury lawyer. Another important aspect of personal injury lawyers is their knowledge of the law so they can do what is best for your personal case. You want to be able to trust your lawyer and know that they are concerned about you and your personal care. An accident attorney should be doing all they can to make sure your accident does not have to be a burden on the rest of your life. They should treat each personal case with care and give all the legal advice they can. Everyone at the law firm should be familiar with your case, and trust that they keep your personal information private. Its important that you have a relationship with an accident attorney so you can talk to them about your personal case and your injuries. To benefit your case don't withhold information, be completely honest about your personal case with the law firm. Many people seem to be lost in knowing if their accident needs an accident attorney. Don't be afraid to contact an accident lawyers and talk about your personal case and see if the law is on your side. Accident lawyers deal with many cases, many that accident attorney's have developed cases and are familiar with law and legal practices. With motorcycle accidents it can be hard proving your injuries provide a good case, make sure you have a police report to ensure your case. Medical malpractice should never happen and a injury lawyer should be contacted immediately especially if it results in a wrongful death or extensive injuries. Car accidents are common with accident attorneys, no one gets in their car wanting to be in a car accident. Be sure to call an accident lawyer if you feel as if you're aren't treated fairly or have to pay for someone else's accident or injuries. My own personal experience I was so glad I contacted an accident attorney. His name was Frank DiScala and he did everything to make sure that the injuries resulting from my car accident were taken care of and that the law was on my side. I was so glad that I had an accident attorney to help me with the legal process. I was lost when it came to the law and an accident lawyer will make sure that you are compensated for any accidents that result in injuries. It is worth the call to a law firm to speak with an accident lawyer about your accident. It's important that you trust them with your legal issues, and injuries. by Wendell Demont

Thursday, 17 January 2013

This Quality Recovery Goes to Incorporate Correct Shredding

There are several cases of corporations having knowledge centres and network quality’s changing into broken or utterly obsolete; it's for that reason why several company house owners square measure yearning for ways in which to certain up their own asset recovery service. This could embody the disposal of all the assets in a very secure and intensely reliable manner. This is often wherever a genuine and reliable quality recovery company comes in, which may offer you the services that you just need in a very skilled and organized manner. One of the explanations why the legislation in several corporations is about to be very involved concerning correct quality recovery is all the way down to the liability problems still as environmental risks that square measure repeatedly arising once it involves an issue of the disposal of IT instrumentality and assets. That’s the explanation why one should check up on the side of responsibility still as correct exercise of this scrapping additionally referred to as escarp- properly. This quality recovery goes to incorporate correct shredding, separation of glass, dismantlement, finding out, correct sale of the commodities then a final report be fabricated from what was disposed and during which manner. That’s the explanation why the correct still as consistently documented disposal of IT assets, that square measure obsolete square measure setting out to reach prime priority levels in several corporations and enterprises these days. A good quality recovery company goes to handle each single side of red-tape within the form of documentation concerned during this organized quality recovery. This usually becomes necessary once an organization goes certain the change of Associate in Nursing already existing electronic network, the transference of necessary knowledge, and also the final disposal of the instrumentality that was in use antecedent. These corporations square measure capable of handling each single side of integration, ranging from the disposal of the out dated instrumentality to its final exercise. They're additionally attending to consider ensuring that the consumer doesn't suffer from any liability risks, after they square measure getting into for a scientific quality recovery activity. Efficient quality Management Corporation’s square measure attending to check up on the main aspects of quality recovery within the style of statistics and provision, erasure of obsolete knowledge, audit and take a look at the fabric, tracking, and then final destruction of the assets that are retired. All this is often attending to be exhausted a particularly secure manner. that's the explanation why sensible corporations have enough of skilled backup to produce each single side of those services so you'll be confident that each single little bit of knowledge is either secured or erased because the case is also. One more side of secure quality recovery is to form certain that not a little of confidential knowledge is unbroken behind within the instrumentality that's being resold, particularly if it happens to be monetary and direction. This is often through ensuring that each one the info is deleted from your drive before finally elimination of your assets. Thus seek for a esteemed quality recovery firm, which may offer you with of these specialised services. Derek Rogers could be a freelance author World Health Organization writes for variety of United Kingdom businesses. For data on quality Recovery, he recommends Network twenty four. by Jupiter Asset Recovery

Monday, 14 January 2013

The Withdrawal and Distribution of Resources in an End Ever to Use Them

The term 'Asset Recovery' has completely different meanings. Any plan to bring back any plus that has been taken or changed illicitly is termed plus recovery. However, the plan to sell any plus that's not required any longer might also be known as investment recovery. Re-using any plus through recycled method is additionally called plus recovery. To be temporary, plus recovery maximizes the worth of a resource. There are unit 3 main components of investment recovery. They're idle resource identification, deployment and divestment. Idle resource identification comes 1st as so much as plus recovery worries. It’s a undeniable fact that nothing will last forever. When a precise amount of your time, perspicacity of associate plus involves associate finish. Keeping such resource doesn't offer the shopper with any positive result. Instead, the shopper starts losing cash by keeping such a resource. Such a resource or associate plus is enclosed within the idle plus identification recovery. It’s knowing deploy or remove such assets. Assets enclosed within the class of idle plus identification is also of any type. as an example, building materials, unused land, electrical instrumentality, producing instrumentality, scrap, surplus physical science, still mill instrumentality etc is also enclosed in idle resource identification class. The withdrawal and distribution of resources in an end ever to use them additional effectively is thought as deployment. Deployment may be a nice manoeuvre if you wish to avoid wasting cash for your company. It’s much better to deploy associate plus than to shop for a replacement plus. As a result of it'll offer you with the posh to not obtain new resource at current market value. Therefore, deployment has been one amongst the foremost fashionable ways of investment recovery by numerous organizations round the world. Divestment is one amongst main components of plus recovery method. Once a resource isn't price of being redeployed it ought to be moved out and replaced with a replacement plus. Such assets ought to be sold-out or given. By merchandising such assets you'll earn further revenues. This can actually offer your organization with further profit. By donating such resources your organization will earn goodwill. During this manner, you'll replace your resource with goodwill that isn't a nasty manoeuvre in the least. However, it's additionally doable to use such resources through use method. There area unit numerous corporations that involve themselves in investment recovery business. They’re called specialists in investment recovery. Their activity varies. Someday they obtain from organizations all the items that aren't required by the organizations any longer. Someday they sell of these things to alternative parties on behalf of the organization. In fact they charge associate quantity for his or her help in merchandising the components to alternative parties. To conclude, the majority the businesses apply plus recovery with a read to obtaining absolute best come from their assets. In today's extremely competitive economic market every and each organization tries their best to extend their revenues or profits the maximum amount as doable. They invariably search for opportunities. The method of investment recovery provides them with such a chance to increase their business. by Jupiter Asset Recovery

Saturday, 12 January 2013

How to Choose a DUI Lawyer Los Angeles

I had a friend come to me one time and ask me how to choose a DUI Lawyer Los Angeles. Immediately, I think, why? Although, I'm smart enough to assume why. Of course, I told him I've never had a DUI and have never needed a defense attorney but we could figure this out together. I Googled, "DUI lawyer Los Angeles" and came up with million defense attorneys in Los Angeles County. Drunk driving is an epidemic in Los Angeles as well as in Orange County. Police Departments in both of the counties are stretched thin trying to deal with all the legal matters that result from drunk driving. The court houses are filled with case after case after case. I think it might be as a result that the average Los Angeles County DUI attorney is too good at what they do. Drunk drivers are getting away with too much. The California DUI Drunk Driving laws need to be revisited. I can't honestly say that it's the the Defense Attorney that's at fault. They are doing what they get paid to do. Criminal defense is what they do. If the laws make it easy to get off, then the laws should be changed. DUI Defense is a specialty in itself. Many law firms focus mainly on drunk driving defense. Is it the laws or is it the abundance of alcohol? There are so many questions to ask and so many roads one can travel in discussing this issue. Everyone wants to put blame on someone else, including me, but something has to be done. Being an Attorney in Los Angeles or Orange County means handling drunk driving cases. It's a matter of supply and demand. There is an overabundant supply of drunk driver's. I had a close friend who upon recently graduating from law school went directly into defending drunk driving cases and this was in Los Angeles County. I asked him why he chose to become a DUI Lawyer. His reply was that drunk drivers made it possible for young attorneys out of law school to find immediate employment. Of all the people that require criminal defense, drunk drivers fill the need. So, returning to my original discussion on finding a DUI Attorney Los Angeles, after reviewing the list from our internet search, we were overwhelmed with the immensity of Attorneys specializing in the criminal defense of drunk drivers. We began by sorting the attorneys out by County, Los Angeles and Orange County since my friend lived close to both counties. That still left us with a zillion law firms to decide upon. We narrowed the defense attorney list down to a half hour driving distance. That narrowed the list even more. Then I got the bright idea of calling the local police department to see if they had any suggestions. We came away with few results there. The best way, we decided to locate a good DUI lawyer Los Angeles was to call a law firm and start interviewing. Most people, when calling a law firm for the first time think the lawyers are interviewing you but in reality you should be interviewing the law firm. It's your legal defense. You should be getting the best legal attorney that fits what you want accomplished. To this day, I can't remember who my friend chose or what happened to his drunk driving case. by Wendell Demont

Saturday, 5 January 2013

The Whole Truth And Nothing But The Truth About MLM!

The whole truth and nothing but the truth about MLM! Confucius said: "Sincerity is the highest mark of a man." Be true to yourself and others when you do your MLM business and you will find it is so easy to do because you are doing the right thing. MLM and network marketing is the same, they are just different names and its usage is a matter of preference. I love to use MLM at times because it is a good acronym for Make Life Meaningful, Make Lots of Money and Meet Many Masters! But when you join the wrong company or do it the wrong way it can Make Lives Miserable! MLM is not for everyone. Not everyone wants to be a doctor, pilot or car mechanic. To each his own and certain career requires certain qualifications and characteristics. I watched a documentary show on Warren Buffet and he said the secret to succes is doing what you love. So if you don't love MLM or network marketing, don't do it, do what you love to do! At my training I always emphasized the importance of respecting people's beliefs and not to force MLM on anyone! I cannot go into much depth in this short article so I will get to the gist of it and the facts of this wonderful life-transforming business! MLM like in any other business has its share of black sheep so it is very important to do your due diligence and choose the right company. MLM is a people business and there will be some people who will misrepresent and do the business the wrong way. MLM is a business that requires a fair amount of commitment, time and effort especially in the first two years. If you treat the business like a hobby you will earn "hobby" income but if you treat the business seriously, you will earn serious income. MLM works with many wonderful universal laws such as the law of cause and effect, law of averages, law of multiplication and the law of giving and receiving. To be successful you must look for companies and leaders who embrace these important core values such as Integrity, Great Value, Great Quality, Great Service and Great Relationship! Many people are still ignorant about this wonderful business even after many successful business consultants and marketing gurus highly recommended it. Stephen Covey said: Network marketing has come of age, it's a way to independence for millions. And Robert Kiyosaki said in his book, The Business School for People Who Like Helping People, a revolutionary way to achieve wealth...makes it possible for anyone to acquire open to anyone who has the drive, determination and perseverance. He said "Simply put, a network marketing company, with its low cost of entry and great training program, is an idea whose time has come." MLM to me is a great way to leverage and help people live a better life! It is also a simple, proven and tested system to help ordinary people earn an extraordinary income! It is based on a win-win strategy and many leaders are willing to go that extra mile to help those who really need help to build their business. I am giving away a free ebook on How to Be Successful in Network Marketing to help people learn the basics. I believe training is very important for success and knowing what to say and how to say it is critical to your success. You also need a coach to show you step by step how to do it and to give you advice when you face challenges. There are no major challenges or risks because it is a simple business but for some people they still need help to do the basics right. When you start a business for $100 and get health supplements in return, tell me where is the risk? It is because of ignorance, misrepresentation and abuse of the system that cause people to see MLM in a negative way! I can see nothing wrong with MLM when you join the right company and do the business the right way. It is a simple, profitable, proven and tested home-based business without the headaches and heartaches of a conventional business. The chances of you succeeding is much higher than if you were to start a conventional business. The well known statistics for conventional business: 95% failed in the first five years and the 5% that survived will experience 95% failures in the next five years! The reality of an MLM business is that over 97% are smart consumers and part-timers and less than 3% are serious about earning serious income! I see it as the ultimate simple home-based business because it is able to help millions of people live a better life and most people can do it compared to other options. Here's a great tip for achieving success, be sincere, positive and willing to learn, there are no secrets to MLM success. For more information on online coaching and free ebook, go to: Feel free to share this article at your website or ezine as long as the following information about author and website is included. by Bruce Seah

Friday, 4 January 2013

Veganism Protected As a Religion? Not So Fast

Writing from Austin, where almost every menu offers at least vegan alternatives, I hate to put a damper on what is surely going to be the quick take-away from a recent court decision refusing to dismiss the religious discrimination claim of a hospital employee fired for refusing to take a flu shot because as a Vegan the ingestion of a vaccine created from eggs would violate her ethical and religious beliefs.  Chenzira v. Cincinnati Children's Hospital Medical Center (S.D. Ohio 12/27/12). 

As an example of what I anticipate, at babycenter, there's this headline: Exciting News! Veganism qualifies for religious exemption (at least in Ohio)!! Well, we will see.

Before getting too excited, it is important to note that this ruling was based on a Motion to Dismiss on the pleadings, so the standard for survival was quite low: "The Court finds that in the context of a motion to dismiss, it merely needs to determine whether Plaintiff has alleged a plausible claim." A question the Court answered this way:
it is plausible that Plaintiff could subscribe to veganism with a sincerity equating that of traditional religious views.... Accordingly, at this early stage of the litigation, the Court finds it inappropriate to dismiss Plaintiff's claims for religious discrimination based on her adherence to veganism.
Still, this highlights an area where courts would really not like to go. I still go back to the Cloutier v. Costco decision from the 1st Circuit, as an example of just how courts view the murky waters of discerning what will meet the standard for protection under Title VII's protection against religious discrimination.  See A Piercing Problem - 1st Cir. Ducks the Real Question.  There the Court wrote:
Determining whether a belief is religious is "more often than not a difficult and delicate task," one to which the courts are ill-suited. Thomas v. Review Bd. of Indiana Employment Sec. Div., 450 U.S. 707, 714 (1981). Fortunately, as the district court noted, there is no need for us to delve into this thorny question in the present case. Even assuming, arguendo, that Cloutier established her prima facie case, the facts here do not support a finding of impermissible religious discrimination.

The opportunities for raising a claim of "veganism discrimination" are probably limited, but the opportunities for individuals to claim religious discrimination under the EEOC definition are not. 29 CFR §1605.1 provides that:
... the Commission will define religious practices to include moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of religious views. ... The fact that no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not accept such belief will not determine whether the belief is a religious belief of the employee or prospective employee.
The termination of a hospital employee for refusing to take a flu shot is a fascinating area in and of itself. I learned that, when I handled such a case a year ago. It is a classic example where an employer is put in a bind between what is required to comply with a mandate and the impact on its employees.

In order to comply with Joint Commission regulations, many hospitals feel pressured to have mandatory flu shot requirements. A position that seems to be well supported by findings of health organizations. On the other hand, forcing someone to take a vaccine, or have some unpopular accommodation, such as wearing a mask for the entirety of the flu season, is certainly likely to ire a certain set of employees.

Often the law is left to sort it out, and unfortunately the mechanism for doing so is most often a claim of discrimination of some sort with the employer in the middle, paying for it, regardless of how it is ultimately decided.

Thursday, 3 January 2013

Goodbye to the 112th Congress, Hello the the 88th?

It does not seem that many will shed many tears for the now departed 112th Congress, although I am not sure that any one seems hopeful that the newly formed one will perform any differently.

But 50 years ago today, another Congress was sworn in, one that ultimately created the field of employment law. Given that for the last 37 years, I have been engaged primarily in the defense of employment law suits, on a personal level that's a significant development.

But its importance is obviously much broader than how I ultimately chose to make a living.

On January 3, 1963, the 88th Congress that would pass first the Equal Pay Act, and then a year later the Civil Rights Act of 1964, including its employment law provision, Title VII, convened. 

The Democratic party controlled both houses of Congress and John F. Kennedy was President.  John McCormack of Massachusetts was the Speaker of the House. Mike Mansfield, from Montana was the Senate Majority Leader and Everett Dirksen of Illinois was the Senate Minority Leader.

The two year period of this Congress is rich with historical content without even considering its impact on the employment law world. But it is that aspect that will be the subject of postings here over the coming months.