Understanding The Basics of Mergers and Acquisitions

One of the most important processes that a business can undertake is a merger and acquisition. For the companies that will be involved in the process, they can expect a win-win situation. For the business that will be merged and acquired, they can ensure the continuity of their business as a part of another company. For the acquiring company, it is the perfect opportunity to grow their company.

According to the website of Slater Pugh LLP, mergers and acquisitions are important business decisions that should be carefully considered. M & A’s are governed by different areas of law. This is important because it can affect the employees of the company. For both seller and buyer, such transactions would mean change in corporate control. Mergers and acquisitions could affect shareholders, customers, employees, and vendors.

Among the two transactions, the more common is acquisition. This involves a smaller company being bought by a larger one. Depending on the agreement, the cost of acquisition could be in the form of stocks or cash. These transactions are governed by corporate law which provides information on requirements necessary to complete the merger or acquisition. Likewise, mergers and acquisitions identify the different duties that the Board of Directors will have in the new company.

Before the merger and acquisition deal can be implemented, it would require the vote of the different shareholders. In a stock deal, shareholders need not vote because each director will decide if they want to sell their shares to the new owners. The company charter may also have a set voting requirement when the company is up for sale. In some instances, the company may also have the option to solicit proxies from shareholders.

Taxation issues also play a huge factor in mergers and acquisitions. The Internal Revenue Code of the United States discusses all of the taxation issues. Tax lawyers need to be involved in every step of the way of mergers and acquisitions.

An Overview of the SR-22 – What Is It And When Do You Need Them?

If you have committed driving and traffic violations, then perhaps you have encountered the term SR-22. But some people are confused about it. Just what is it really all about? Why do we need it? What is it for? For starters, SR-22 is not an insurance but a certificate that you will need to have your revoked or suspended license reinstated. It is also called Certificate of Financial Responsibility (CFR) issued by the Department of Motor Vehicles (DMV) as proof that you are maintaining liability coverage.

According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., an SR-22 is issued to individuals who committed driving violations resulting to the suspension of their license. If you were apprehended for driving without car insurance, you will be required to get SR-22. You might also need certification for the following situations:

  • DUI or DWI or other violations
  • At-fault driver while driving without insurance
  • Continuous offender or too many tickets in a short period of time
  • Revoked or suspended license

When required, you would need to carry the SR-22 for at least three years. The length would vary from one state to another and depending on the reason. It is usually issued by the state or a judge. While carrying the CFR and if you become free from any violations and incidents, you can become eligible to get a car insurance in the standard market.

Another version of the SR-22 is the FR-44. It performs a similar function as the SR-22 but will require the driver to have a higher level of insurance coverage. A driver will be required to get an FR-44 if they are not able to sustain their SR-22 requirement.

It is worth noting that you cannot file an SR-22 on your own. You need to inform your insurance provider about the SR-22 requirement. By informing your provider about the need for an SR-22, your insurance factor will change to high which could mean that your provider will not file the SR-22 for you as they do not provide coverage for high risk drivers. This means you will need to shop around for a new provider.

If you are carrying an SR-22 and plan to cancel an insurance policy, secure the certificate first before canceling. Insurance companies have the tendency to immediately inform the state about the cancellation so your SR-22 will be rescinded. If they do so, your three year requirement starts from the beginning. Most states will not count the previous years so set up the new policy with an SR-22 first.

Understanding Cerebral Palsy and Medical Negligence

Cerebral palsy results from brain damage that occurred due to lack of oxygen in the baby’s brain, usually during its development inside the uterus or during delivery. This life-long condition is considered non-degenerative, which means it doesn’t worsen as time goes by. Depending on the severity of the brain damage, a person living with cerebral palsy may experience a myriad of different symptoms, ranging from mild seizures to persistent and severe muscle contraction.

According to the United Cerebral Palsy Association, around 764,000 individuals are suffering from cerebral palsy. This staggeringly large number puts too much strain not only to the country’s healthcare system, but most especially to families whose family member have cerebral palsy. Children with cerebral palsy are oftentimes diagnosed with some level of mental retardation, and are also suffering from vision and other sensory problems, as well as learning difficulties.

Several studies are now underway to pinpoint the root cause of cerebral palsy. Many scientists suggest medical negligence could be a contributing factor for the development of this brain condition. According to the website of the Law Offices of Ronald J. Resmini, LTD., untrained staff and reckless medical professionals may contribute towards cerebral palsy risk. A medical professional could be at fault for cerebral palsy if:

  • The doctor fails to perform C-section when needed. A baby born to mother with smaller pelvic bone is at risk of oxygen deprivation in the brain. Also, a baby could be at risk of oxygen deprivation if he stays longer in the vaginal canal. Doctors should be prompt in determining when a C-section is needed to prevent cerebral palsy from developing.
  • The doctor used delivery tools wrongly. Assisted normal delivery can cause cerebral palsy if tools have been used in a wrong way. For instance, forceful use of vacuum cap or forceps might block the circulation of blood to the baby’s brain, depriving it of the oxygen it needs to prevent brain damage
  • The doctor fails to assess the baby’s risk of cerebral palsy while in utero. Infections, such as German measles, toxoplasmosis, and herpes may all contribute to cerebral palsy.

 

When Can We Talk About Accidents?

It is never easy to deal with the aftermaths of accidents – especially when they happen to you. Fatality rates are only just statistics until you can recognize a name on the list and you never expect it. You never wake up into the day and think that maybe the absolute worst has happened.

Well, sometimes – that is exactly the case. And “too soon” can only be used so many times when it happens literally every single day.

Unfortunately, that is exactly the case when it comes to accidents. The entire concept of something as being “too soon” can be another ploy in order to distract you from taking action immediately – which really should be the priority. In terms of accidents, some companies will do next to anything in order to avoid causing a scandal or a case in order to preserve their brand identity. Allowing for them to get away with it by not taking immediate action can be dangerous.

According to the website of personal injury lawyers of the Seegmiller Law Firm, it is often recommended to seek help immediately due to the fact that people who work in this field must be well networked and resourced with professionals who can help the victim into recovery. Medical professionals, for one thing, who can provide the most effective treatments and procedures – and this allows for the victim to relax and simply be taken care of. After all, it isn’t the fault of the victim so why should they take the brunt of the accident’s burden?

It is important to seek justice and help in times like these – especially if they are ones that require sufficient and immediate evidence in order to further strengthen your case.

The Wisconsin State Capitol

At the heart of downtown Madison, perched in between the vast waters of Lake Mendota and Lake Manona, stands Wisconsin’s majestic State Capitol building. Built there between 1906 until 1917, the Wisconsin State Capitol is an integral part of Madison’s breathtaking skyline and is the only Capitol building standing on an isthmus. The building towers up to 284 feet high and is just a few feet shorter than the Washington State Capitol building. In fact, the Wisconsin Capitol was patterned from the Nation’s Capital in Washington D.C. with a huge dome and four sprawling wings facing its surrounding streets diagonally.

The entire building has been styled to reflect the rich history and ethnic heritage of Wisconsin. From its architecture to the pieces of art and furniture adorning its interiors, the Wisconsin State Capitol is heavily influenced by Italian, French, and German aesthetics. The Senate Chamber, for example, is designed with French and Italian marble, as well as a circular skylight. It is also adorned with a mural by Kenyon Cox called “The Marriage of the Atlantic and the Pacific”.

Perhaps the centerpiece of the Wisconsin State Capitol is the towering 200-feet dome that is topped by the gilded bronze “Wisconsin” statue created by prolific American sculptor Daniel Chester French. From inside, this majestic dome serves as the building’s rotunda. Visitors shouldn’t forget to check out the mural by Edwin Blashfield called “Resources of Wisconsin” decorating the rotunda’s ceiling. Up above, the dome also has an observation deck called Lantern Balcony. From there, visitors can take in the breathtaking view of the Madison isthmus and the two near-by lakes.

How Much Are My Mineral Rights Worth?

The world is filled with plentiful patches of land that are bursting with natural resources like oil and gas, which are called minerals. Perhaps you find yourself in a situation wherein you crave a new pursuit that entails something else than this path but are unaware of how to go about this business with regard to mineral rights.

Harvesting minerals entails a lot of paperwork, duty, and risk that the common individual may not want to deal with – but there are industries all over the country that are experts with these kinds of scenario. Selling can often alleviate you of the responsibility that these kinds of rights can present but at the same time, you don’t want to be cheated out of something that is rightfully yours.

If you don’t know how to sell mineral rights, it can be a problem for you to then determine how much your mineral rights are actually worth. This is no different from any industry as there are always going to be sharks in the water, attempting to get your rights for a much lower price than they are actually worth. That is why, when it comes to matters like these, it really is the best option to contact expert, professional help who know their way around the tides and can land you the best possible ball park deal for your mineral rights.

In the end, the market value of your mineral rights rest in the current flow of the market. It is impossible to determine the exact net value from a chart, or even an estimate. Just like any market, it can fluctuate without warning and is often a difficult task to go in to if you don’t know how to wade the waters. In order to know how much your mineral rights could be worth, it would be most logical and recommended move to consult with an expert on the manner in order to get the best deal that can be granted to you.

Robbery in Texas

Robbery is a second degree felony under Texas criminal law regardless of the amount involved. As described on the website of Mark T. Lassiter, criminal penalties for theft depend on the value of the item stolen. Petty theft, for example, of an item or items valued at a total of less than $50 is a Class C misdemeanor, which has a maximum fine of 500% and no jail time involved if convicted.

While it is one type of theft, robbery is a much more serious offense than simple theft because of the element of violence. Under the Texas Penal Code, you can be charged with robbery if you are suspected of the following while committing theft:

  • Intentional, reckless, or knowing infliction of bodily injury to another person
  • Intentional or knowing infliction of fear of bodily injury or death to another person

If convicted of robbery, you could be facing up to 20 years in prison and a fine up to $10,000 because it is a second degree felony. If you are convicted of aggravated robbery, which is theft with the

  • use of a deadly weapon
  • infliction of serious bodily injury to another, or
  • threatening infliction of bodily harm to a disabled or elderly (over 65 years old) individual

then you could be in prison for up to 99 years and made to pay a fine of up to $10,000 because that is a first degree felony.

Robbery or aggravated robbery charges are very serious matters, and should be treated as such. Even if you believe you were wrongly charged because you just happened to be in the wrong place at the wrong time or that you did not have the requisite knowledge or intention to use violence, you will have to provide evidence of this to the jury. It is not a simple matter of explaining your side of the story.

If you are facing robbery or aggravated robbery charges, get a competent criminal defense lawyer to handle your case as soon as possible. There is a very real possibility that it could change your life forever.

Protecting the Innocent

A lot of people have only the vaguest idea of how criminal law works, and in general that’s a good thing because it means they have never run into trouble. The bad thing is that because of that ignorance, they could be unwittingly tricked into waiving their rights or even convicted of a crime they did not commit.

“Innocent until proven guilty” does not mean that the innocent can always prove innocence. If that were true, there would not be organizations such as the Innocence Project which takes on cases of what they are convinced are the wrongfully convicted. Technically, the burden of proof is on the prosecutor, but the innocent defendant should know that not everything is as it appears to be, and enough circumstantial evidence can convict an innocent person.

Many cases are based on circumstantial evidence that can be construed to mean one thing or the other, and can lead to a false construction of a crime. There are instances when an eye witness or an expert makes a mistake; they are human after all. As pointed out by Ian Inglis on his website, it can be struggle for a defendant to challenge these aspects of the case. Simply maintaining their innocence is not enough to convince a jury to acquit if the circumstantial evidence is compelling enough, and reasonable doubt is not introduced into the trial.

The innocent defendant also has a tendency to believe that cooperating with law enforcement shows that they have “nothing to hide” but the fact is police interrogators will do anything short of physical harm to get a confession. They work hard to break down a person’s normal defenses if they strongly believe that they have a viable suspect in custody. While this may work with a guilty person, it unfortunately works against an innocent person just as well.

The criminal defense lawyer is not there to get the guilty off the hook; they are there to protect the rights of the defendant and to ensure that they aren’t bullied into a conviction. Guilty or innocent, when faced with a criminal charge, it is important to retain an experienced criminal defense lawyer before one word comes out of your mouth.

An Overview of Asbestos in the United States

Asbestos is one of the many minerals used in industrial products, mainly because of it is resistant to fire, heat, and chemicals and provides good insulation from electricity. Because of these characteristics, asbestos has been used commercially since the early 1800’s, with its popularity hitting its highest during World War II. The ban for asbestos use, however, started at 1970’s when US Consumer Product Safety Commission decided to stop the use as it posed health dangers: it gets released to the surroundings when used.

Asbestos is a well-known health hazard, and because of this OSHA (Occupational Safety and Health Administration) and the EPA (Environmental Protection Agency) have been monitoring and regulating its use and manufacturing. Asbestos fibers are very small to be seen by the naked eye, making it more difficult to know if you are being exposed or not. Heavy and long exposure to asbestos has been linked lung cancer and other diseases such as mesothlioma, asbestosis, and other forms of cancer in the gastrointestinal and colorectal areas.

Classified as a carcinogen (a cause of cancer), OSHA has made some safety rules in order to lower the risks of health complications for workers. Employers and workers are both required to follow and adhere to the necessities such as having regulated areas, strict work practices, providing proper personal equipment and regular medical check-ups. This is to limit worker’s exposure and ensure their health and safety while working with asbestos.

What are Premarital Agreements?

Premarital agreements, also popularly called prenuptial agreements or prenups, is an agreement between two people before marriage. According to the Law Office of Daniel Jensen, P.C. website, premarital agreements are a necessary evil in some cases where finances may be a sensitive area. In California, premarital agreements are “enforceable without consideration” subject to the rules set in Family Code Section 1610-1617.

Under California law, a premarital agreement has to be in writing, signed by both parties and has an effective date the same as the official date of marriage. The agreement may include the rights and obligations of each party regarding:

  • Real property, including disposition in the event of a divorce or death
  • Other property and assets, including disposition in the event of a divorce or death
  • Life insurance policies
  • Child and spousal support

A premarital agreement may be revoked or amended through a written agreement by both spouses and is likewise “enforceable without consideration.” A premarital agreement may become unenforceable if:

  • The signature of one spouse was obtained under duress, undue influence or fraud
  • Reasonable and full disclosure of property and financial obligations were not supplied by one party
  • Independent legal counsel was not sought regarding the terms of the agreement because the time period between the presentation of the agreement and signing was less than 7 days
  • One party did not fully understand the terms and consequences of the agreement

A premarital agreement is an invaluable legal instrument that will protect the rights and properties of both spouses if it is executed fairly, reasonably and with full disclosure. Like with any other legally binding contract, however, it is advisable to have a lawyer go over a premarital agreement prior to signing to ensure there is full understanding of its consequences for both parties. A lawyer would also be able to make any changes to the agreement which will make it a more acceptable legal protective instrument.