Lawsuits are rampant in this country. Statistics show there is one attorney in this country for every 300 residents; there are an estimated 150,000 people in law school as we speak. On average, 80,000 lawsuits are filed each day. When you are sued, it is too late to protect your assets. You are exposed.
Fortunately, you can act now to protect yourself and family later. In this easy-to-read and comprehensive book, you will learn the simple steps you need to do to protect yourself before there is a problem. The book provides a number of worksheets to help you decide the best plan of action for your financial position and personal needs.
You will learn the ins and outs of protecting yourself and your family through legal methods, such as corporations, family limited partnerships and trusts, family saving trusts, offshore trusts corporations, and limited liability companies (LLCs).
You will learn how to reposition your assets into legal entities that you control, creating bullet-proof security. You will learn about irrevocable living trusts, creating and maintaining LLCs, equity-stripping techniques, privacy plans, durable power of attorney, bankruptcy legislation, and estate planning for high-income individuals, as well as living, testamentary, and pour-over wills. The trick is to own nothing directly but control everything legally.
Once your assets are repositioned and protected, attorneys mostly working on contingency fees are not going to sue you because they have nothing to gain, and since 98 percent of all lawsuits are only about the money, how can they legally take it from you? With the sound guidance in this book, you will be able to protect your hard earned assets.
Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company president's garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.
assess your debt situation
correct errors and improve your credit report and score
choose the best repair strategy for your situation
prioritize your debts
negotiate with creditors to reduce debts
add positive information to your credit report
avoid identity theft and credit scams
build a solid credit history
This edition of Credit Repair is completely updated with the latest legal developments, and includes dozens of forms and letters that will help you spruce up your credit report as easily as possible!
This important book by leading telecommunications policy expert Susan Crawford explores why Americans are now paying much more but getting much less when it comes to high-speed Internet access. Using the 2011 merger between Comcast and NBC Universal as a lens, Crawford examines how we have created the biggest monopoly since the breakup of Standard Oil a century ago. In the clearest terms, this book explores how telecommunications monopolies have affected the daily lives of consumers and America's global economic standing.
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
Signed by President Obama on April 5, 2012, Title IV of the JOBS Act amends the 1930s-era Regulation A, making it far easier for businesses to raise growth capital through public offerings. It is, in effect, a new type of IPO but with much less regulation and cost.
Regulation A+: How the JOBS Act Creates Opportunities for Entrepreneurs and Investors spells out new processes that can and will have a dramatic impact on how companies obtain growth capital to create new jobs and bolster returns for investors. Some financial gurus believe that the new law, dubbed Regulation A+ due to the enhancements, will usher in a revolutionary period of growth and innovation comparable to our largest past economic expansions.
To date, much of the commentary on the JOBS Act has focused on Title III, which allows broader use of crowdfunding to raise up to $1 million per year. However, many entrepreneurs and economists believe that new changes to Regulation A will have a much greater impact on innovation and job creation. The best part? Regulation A+ lifts many constraints on soliciting funds and trading new stock issues. Among other things, readers of this book will learn how to take advantage of these provisions:Regulation A+ permits companies to raise up to $50 million, a tenfold increase over the old limit of $5 million, and much more than the crowdfunding provisions of the JOBS Act ($1 million). Regulation A+ allows companies to market IPOs to more people than just accredited investors and makes it easier to get the word out on offerings. Regulation A+ allows certain companies to avoid the SEC periodic reporting regimen (Form 10-K, Form 10-Q, Form 8-K, and proxy statements), provided that the number of shareholders is kept below revised thresholds. Regulation A+ exempts certain companies from many onerous and costly compliance requirements, including Sarbanes-Oxley.
In short, Regulation A+ greatly simplifies the capital-raising process, making it easier to grow companies, create jobs, and reward investors.
As a small business owner, you can’t afford to farm paperwork and contracts out to a lawyer—you have to deal with them yourself. With Legal Forms for Starting & Running a Small Business, you can act with confidence.
Here you’ll find the forms you need to start and grow your business. Each document comes with thorough, plain-English, line-by-line instructions to help you:
write contracts record minutes of meetings hire employees and consultants borrow or lend money protect your trade secrets buy a business create noncompete agreements lease commercial space prepare corporate bylaws buy real estate, and prepare an LLC operating much more. agreement
The 9th edition has been thoroughly reviewed and updated by Nolo’s experts, and provides the most up-to-date legal information for small businesses.
With Downloadable Forms Download and customize more than 65 forms to help you start and run your small business at Nolo.com (details inside).
Facing wage garnishment, car repossession, foreclosure, lawsuits, or collection calls? Solve Your Money Troubles provides you with the legal and practical information you need, plus sample letters and budgeting worksheets, so that you can get out of debt and make a fresh start. Learn how to:
prioritize debts and create a budget
understand your options
negotiate with creditors
stop harassment by debt collectors
deal with wage garnishment, car repossession, and foreclosure
reduce student loan payments
know what to expect if a creditor sues you
decide if bankruptcy is right for you
The new edition of Solve Your Money Troubles is updated with changes to federal student loan repayment programs, new foreclosure protections, legal information specific to your state, and the latest legal developments in the world of debt, credit, and bankruptcy.
A hidden circulatory system flows beneath the surface of global finance, carrying trillions of dollars from drug trafficking, tax evasion, bribery, and other illegal enterprises. This network masks the identities of the individuals who benefit from these activities, aided by bankers, lawyers, and auditors who get paid to look the other way.
In Secrecy World, the Pulitzer Prize winning investigative reporter Jake Bernstein explores this shadow economy and how it evolved, drawing on millions of leaked documents from the files of the Panamanian law firm Mossack Fonseca—a trove now known as the Panama Papers—as well as other journalistic and government investigations. Bernstein shows how shell companies operate, how they allow the superwealthy and celebrities to escape taxes, and how they provide cover for illicit activities on a massive scale by crime bosses and corrupt politicians across the globe.
Bernstein traveled to the Caribbean, Latin America, Europe, and within the United States to uncover how these strands fit together—who is involved, how they operate, and the real-world impact. He recounts how Mossack Fonseca was exposed and what lies ahead for the corporations, banks, law firms, individuals, and governments that are implicated.
Secrecy World offers a disturbing and sobering view of how the world really works and raises critical questions about financial and legal institutions we may once have trusted.
In one of the first studies critically to examine the Basel Accords, Engineering the Financial Crisis reveals the crucial role that bank capital requirements and other government regulations played in the recent financial crisis. Jeffrey Friedman and Wladimir Kraus argue that by encouraging banks to invest in highly rated mortgage-backed bonds, the Basel Accords created an overconcentration of risk in the banking industry. In addition, accounting regulations required banks to reduce lending if the temporary market value of these bonds declined, as they did in 2007 and 2008 during the panic over subprime mortgage defaults.
The book begins by assessing leading theories about the crisis—deregulation, bank compensation practices, excessive leverage, "too big to fail," and Fannie Mae and Freddie Mac—and, through careful evidentiary scrutiny, debunks much of the conventional wisdom about what went wrong. It then discusses the Basel Accords and how they contributed to systemic risk. Finally, it presents an analysis of social-science expertise and the fallibility of economists and regulators. Engagingly written, theoretically inventive, yet empirically grounded, Engineering the Financial Crisis is a timely examination of the unintended—and sometimes disastrous—effects of regulation on complex economies.
Fortunately, you have a better alternative. "Legal Guide for Starting & Running a Small Business" clearly explains the practical and legal information you need to:
raise start-up money
choose between a sole proprietorship, partnership or LLC
get licenses and permits
buy or sell a business or franchise
negotiate a favorable lease
insure your business
hire independent contractors safely
understand small business tax rules
pick and protect a good name
resolve legal disputes
adopt the best customer policies
enter into strong contracts
cope with financial problems
The new edition updates relevant legal and tax information, such as state drug and alcohol testing laws, environmental regulations, and restrictions on home businesses, as well as provides practical advice on topics such as current trends in raising start-up money, purchasing insurance, and extending credit.
The contributors cover the practical issues on the topic on a transnational level, both in terms of the crimes and the steps taken to control them. They place an emphasis on the prevention, disruption and control of financial crime. They discuss, in eight parts, the nature and characteristics of economic and financial crime, The enterprise of crime, business crime, the financial sector at risk, fraud, corruption, The proceeds of financial and economic crime, and enforcement and control.
Academics interested in criminology, law, as well as business and legal studies students will find this book to be an invaluable resource. Practitioners, including lawyers, compliance and risk managements, law enforcement officers, and policy makers will also find the points raised to be of use.
In Working Knowledge, Catherine Fisk chronicles the legal and social transformations that led to the transfer of ownership of employee innovation from labor to management. This deeply contested development was won at the expense of workers' entrepreneurial independence and ultimately, Fisk argues, economic democracy.
By reviewing judicial decisions and legal scholarship on all aspects of employee-generated intellectual property and combing the archives of major nineteenth-century intellectual property-producing companies--including DuPont, Rand McNally, and the American Tobacco Company--Fisk makes a highly technical area of law accessible to general readers while also addressing scholarly deficiencies in the histories of labor, intellectual property, and the business of technology.
Pulitzer Prize–winning author Steve Coll is renowned for “his ability to take complicated, significant business stories and turn them into quick-reading engaging narratives” (Chicago Tribune). Coll is at the height of his talents in this “riveting” tale of one of the most spectacular—and catastrophic—corporate takeovers of all time (Newsday).
As the head of a sprawling oil empire, J. Paul Getty was once the world’s richest man. But by 1984, eight years after his death, Getty’s legacy was in tatters: His children were locked in a bitter feud over the family trust and the company he founded was riven by boardroom turmoil. Then Pennzoil made an agreement with Getty’s son, Gordon, to purchase Getty Oil. It was a done deal—until Texaco swooped in to claim the $10 billion prize.
What followed was an epic legal battle that pit “good ole boy” J. Hugh Liedtke of Pennzoil against the Wall Street brokers behind Texaco’s offer. The scandalous details of the case would shock the business world and change the landscape of the oil industry forever.
With a large cast of colorful characters and the dramatic pacing of a novel, The Taking of Getty Oil is a “suspenseful” and “always intriguing” chronicle of one of the most fascinating chapters in American corporate history (Publishers Weekly).
If “corporations are people too,” why isn’t anyone in jail?
A serious defect in a GM car causes accidents; Enron scams investors out of their money; banks bet on the housing market crash and win. In the race to maximize profits, corporations can behave in ways that are morally outrageous but technically legal.
In Capital Offenses, Samuel Buell draws on the unique pairing of his expertise as a Duke University law professor and his personal experience leading the investigation into Enron—the biggest white-collar crime case in U.S. history—to present an in-depth examination of business crime today
At the heart of it sits the limited liability corporation, simultaneously the bedrock of American prosperity and the reason that white-collar crime is difficult to prosecute—a brilliant legal innovation that, in its modern form, can seem impossible to regulate or even manage. By shielding employees from legal responsibility, the corporation encourages the risk-taking that drives economic growth. But its special legal status and its ever-expanding scale place daunting barriers in the way of federal and local investigators.
Detailing the complex legal frameworks that govern both corporations and the people who carry out their missions, Buell shows that deciphering business crime is rarely black or white. In lucid, thought-provoking prose, he illuminates the depths of the legal issues at stake—delving into fraudulent practices like Ponzi schemes, bad accounting, insider trading, and the art of “loopholing”—showing how every major case and each problem of law further exposes the ambivalence and instability at the core of America’s relationship with its corporations.
An expert in criminal law, Buell masterfully examines the limits of too permissive or overzealous prosecution of business crimes. Capital Offenses invites us to take a fresh look at our legal framework and learn how it can be used to effectively discipline corporations for wrongdoing, without dismantling the corporation.
A limited liability company can give your small business both tax benefits and protection from personal liability for business debts. But without careful record keeping, regular meetings, and formal minutes, you could lose these advantages.
Your Limited Liability Company provides all the instructions and forms you need to maintain the legal validity of your LLC. Forms include:
• Call of Meeting
• Notice of Meeting
• Certification of Mailing of Notice
• Membership Voting Proxy
• Minutes of LLC Meeting
• Waiver of Notice of Meeting
• Approval of LLC Minutes
• Written Consents for Single-Member LLCs
You’ll also find more than 50 of the most commonly used legal resolutions to insert in your minutes or written consents. Use them to:
• declare distributions of LLC profits to members
• hire employees and contract with outside firms
• approve LLC contracts
• approve salary increases and bonuses
• authorize bank loans
• elect corporate tax treatment for your LLC, and
• amend the articles and operating agreement.
Written by knowledge leaders in the legal cryptocurrency space, THE LAW OF BITCOIN addresses such topics as the intersection of cryptocurrencies and criminal law, taxation, anti-money laundering and counter-terrorist financing regulations, securities law, consumer protection, negotiable instruments, currency law, and financial regulation.
THE LAW OF BITCOIN will be a leading resource and go-to text both for those wishing to understand the basics of how the law affects cryptocurrency and for those in the legal community searching for sophisticated answers to more advanced questions.It is unique because the authors concisely and objectively explain how Bitcoin and bitcoin are lawfully viewed. They provide relevant, up-to-date clarity in a space that is often nebulous, confusing and filled with conflicting partisan information. The authors arrive at what will likely be unpopular conclusions that are only possible because they are not seeking to defend special interest groups. This includes issues such as fungibility which is handled in a manner that flips the conventional narrative within the Bitcoin community on its head, yet is important for any entrepreneur, developer, investor and user in the nascent space. THE LAW OF BITCOIN is a helpful guide to novices and veterans alike. Tim Swanson, author of THE ANATOMY OF A MONEY-LIKE INFORMATIONAL COMMODITY and GREAT CHAIN OF NUMBERS
You need a sound business plan to start a business or raise money to expand an existing one. For over 30 years, How to Write a Business Plan has helped fledgling entrepreneurs—from small service businesses and retailers to large manufacturing firms—write winning plans and get needed financing.
This bestselling book contains clear step-by-step instructions and forms to put together a convincing business plan with realistic financial projections, effective marketing strategies, and overall business goals. You’ll learn how to:
figure out if your business idea will make money determine and forecast cash flow create profit and loss forecasts prepare marketing and personnel plans find potential sources of financing, and present your well-organized plan to lenders and other backers.
The 13th edition is updated to reflect best practices for raising money (from SBA loans to equity crowdfunding).
Described by the New York Times Book Review as “worthy of being on the same shelf” as Liar’s Poker, Greed and Glory on Wall Street, and Barbarians at the Gate, this eye-opening business history explains how Washington and Wall Street cut the deals that led to a decade of greed.
For the Securities and Exchange Commission, the 1980s brought sweeping changes. Under the sway of Reaganomics and the leadership of John Shad, the SEC came down hard on insider trading but introduced wide-ranging deregulation to the stock market, which helped to both fuel the legendary bull market and sow the seeds of the 1987 crash.
Shad, a former vice-chairman of the brokerage firm EF Hutton & Company and the first Wall Street executive to lead the SEC since Joseph Kennedy, was a true believer in the free market. His tenure touched all the big headlines and enduring images of this tumultuous decade, from leveraged buyouts to junk bonds, Manhattan skyscrapers to Senate hearing rooms, Michael Milken to T. Boone Pickens.
David A. Vise and Steve Coll won the Pulitzer Prize for the original reporting in the Washington Post that would become Eagle on the Street. In an era when the costs, benefits, and risks of deregulation are under debate once again, their “engrossing account of the struggle for the soul of the SEC” is essential reading (The Washington Post).
More people than ever are committing themselves to serving their communities and changing the world. Whether you’re aiming to protect the environment, support the arts, or help people in need, understanding how to set up a solid nonprofit organization is a great foundation for being as effective as you can be.
With practical advice, legal information, tips, and step-by-step instructions, this essential guide will help you get your nonprofit up and running—and keep it going! It explains how to:
develop a strategic plan and budget recruit and manage board members, volunteers, and staff market your organization to your target audience raise money including traditional methods and crowdfunding build a website and use social media strategically adopt policies that are legally sound and much more
Whether you are dreaming of starting a nonprofit or are already in the trenches, Starting and Building a Nonprofit will help your organization make a real difference in the world. The fully updated seventh edition includes the latest information on building audience and promoting your mission on social media.
Negotiation is also the key to business success. No organization can survive without contracts that produce profits. At a strategic level, businesses are concerned with value creation and achieving competitive advantage. But the success of high-level business strategies depends on contracts made with suppliers, customers, and other stakeholders. Contracting capability—the ability to negotiate and perform successful contracts—is the most important function in any organization.
This book is designed to help you achieve success in your personal negotiations and in your business transactions. The book is unique in two ways. First, the book not only covers negotiation concepts, but also provides practical actions you can take in future negotiations. This includes a Negotiation Planning Checklist and a completed example of the checklist for your use in future negotiations.
The book also includes (1) a tool you can use to assess your negotiation style; (2) examples of “decision trees,” which are useful in calculating your alternatives if your negotiation is unsuccessful; (3) a three-part strategy for increasing your power during negotiations; (4) a practical plan for analyzing your negotiations based on your reservation price, stretch goal, most-likely target, and zone of potential agreement; (5) clear guidelines on ethical standards that apply to negotiations; (6) factors to consider when deciding whether you should negotiate through an agent; (7) psychological tools you can use in negotiations—and traps to avoid when the other side uses them; (8) key elements of contract law that arise during negotiations; and (9) a checklist of factors to use when you evaluate your performance as a negotiator.
Second, the book is unique in its holistic approach to the negotiation process. Other books often focus narrowly either on negotiation or on contract law. Furthermore, the books on negotiation tend to focus on what happens at the bargaining table without addressing the performance of an agreement. These books make the mistaken assumption that success is determined by evaluating the negotiation rather than evaluating performance of the agreement. Similarly, the books on contract law tend to focus on the legal requirements for a contract to be valid, thus giving short shrift to the negotiation process that precedes the contract and to the performance that follows.
In the real world, the contracting process is not divided into independent phases. What happens during a negotiation has a profound impact on the contract and on the performance that follows. The contract’s legal content should reflect the realities of what happened at the bargaining table and the performance that is to follow. This book, in contrast to others, covers the entire negotiation process in chronological order beginning with your decision to negotiate and continuing through the evaluation of your performance as a negotiator.
A business executive in one of the negotiation seminars the author teaches as a University of Michigan professor summarized negotiation as follows: “Life is negotiation!” No one ever stated it better. As a mother with young children and as a company leader, the executive realized that negotiations are pervasive in our personal and business lives. With its emphasis on practical action, and with its chronological, holistic approach, this book provides a roadmap you can use when navigating through your life as a negotiator.
*The two volumes form a comprehensive and accessible survey of the current state of the field.
*Chapters prepared by leading specialists of the area.
*Summarizes received results as well as new developments.
This book includes primary texts, reader-friendly expository explanations, and sample discussion questions. Prior knowledge of the law is not necessary in order to use and understand this book. The contents are organized into 13 substantive chapters plus two additional chapters with problem sets, making the book especially easy to use for a separate course focused on law. The book leads students through the process of understanding both what the law requires and how to analyze issues for which there is no clear legal answer. It features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. The book also features case studies of high-risk scenarios including pandemic flu, together with charts and text boxes for clarification.
This book will be of interest to graduate and undergraduate students studying the major legal principles underlying emergency management and homeland security policy and operations; professionals in EM and HS; and private-sector risk managers.* Features case studies of high-risk scenarios including pandemic flu
* Offers extensive analysis of legal issues from a distinguished scholar, together with charts and text boxes for clarification
* Teaches readers how to think about issues crucial to the life and liberty of US citizens, including the limits of constitutional authority
Lencsis explains that workers compensation laws were enacted on the federal and state levels in the early part of the century and have endured in the same basic form to the present. They represent a radical departure from common law concepts of negligence and damages in that they provide for statutory medical and wage-loss benefits regardless of who is at fault. Lencsis explores how insurance mechanisms in the public and private sectors are used to fund benefits and to make their delivery as secure and certain as possible. He also notes that workers compensation insurance is a major part of the property-casualty insurance business, and as such has recently become one of its most profitable areas. Lencsis' book helps readers to understand these concepts and to work with them in the day-to-day conduct of their business.
* "Ice Cube Bonds: Allocating the Price of Process in Chapter 11 Bankruptcy," by Melissa B. Jacoby & Edward J. Janger
* "The Evolution of Shareholder Voting Rights: Separation of Ownership and Consumption," by Henry Hansmann & Mariana Pargendler
* Note, "Vindicating Vindictiveness: Prosecutorial Discretion and Plea Bargaining, Past and Future," by Doug Lieb
* Note, "Why Motives Matter: Reframing the Crowding Out Effect of Legal Incentives," by Emad H. Atiq
Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations--and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.
The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region.
Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions.
This book will be of great interest to scholars of company and comparative law, and business studies in general.
The new edition features increased pedagogical support to outline key points and principles and improve navigation; 'notes' to encourage students to reflect on areas of complexity or controversy; and self-test questions to consolidate learning at the end of each chapter.
New to this edition:
is a detailed examination of The Civil Partnership Act 2004 and the Charities Act 2006 important case law developments such as Stack v Dowden (constructive trusts and family assets), Oxley v Hiscock (quantification of family assets), Barlow Clowes v Eurotrust (review of the test for dishonesty), Abou-Ramah v Abacha (dishonest assistance and change of position defence), AG for Zambia v Meer Care & Desai (review of the test for dishonesty), Horley Town Football Club (gifts to unincorporated association), Re Loftus (defences of limitation, estoppel and laches), Templeton Insurance v Penningtons Solicitors (Quistclose trust and damages) and many more are new chapters on the equitable remedies of specific performance, injunctions, rectification, rescission and account are extracts from the Law Commission’s Reports and consultation papers on ‘Sharing Homes’ and ‘Trustee Exemption Clauses’ as well as key academic literature and debates.
The structure and style of previous editions have been retained, with an emphasis on introductory text and case extracts of sufficient length to allow students to develop analytical and critical skills in reading legal judgments. Substantial author commentary helps the text give the flow, coherence and direction of a textbook whilst providing the reader with a wide range of primary and secondary material from a variety of sources.
A supporting Companion Website provides twice-annual updates to the cases and legislation discussed within the text; answers to the questions contained within the text, and sample essay questions.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further ‘juridification’ process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
Frye introduces the Internet as a social and technological phenomenon by recounting briefly the early days of its predecessor, ARPANet. In the next chapters he fills in the policy background from a legal standpoint, explaining the thrust toward privacy that emerged through Supreme Court and lower court decisions. He then examines Internet economics, and from there turns to Internet-based advertising. He also covers the controversy over cookies and shows what Web users can do to visit Web sites without leaving crumbs. He introduces the infomediary, a type of organization that could allow consumers to maintain anonymity while still granting businesses access to detailed demographic and behavioral information. Frye describes a range of scenarios that could be played out over the next decade and offers specific steps that organizations can take to improve consumer confidence, maintain the flow of information they need, yet still demonstrate their compliance with consumer expectations as well as the law. Two appendices contain the full text of two documents vital to senior managers mapping their own corporate strategies: the European Union Data Directive and an EU Work Paper on the use of contracts to ensure the security of personally identifiable information that is transferred from the EU to other countries, such as the U.S., that lack their own adequate protections.
Sexual harassment is one of the most problematic issues in the American workplace and one that has captured much media attention following a number of high-profile lawsuits and congressional hearings. This increased awareness, along with several landmark developments such as the availability of damages under the Civil Rights Act of 1991, has led to an astronomical rise in sexual harassment lawsuits. Yet, sexual harassment law is often still misunderstood, to the point that some federal appeals courts have characterized it as chaotic, and have asked for Supreme Court direction. This book fills the need for a comprehensive text that is also concise and simple, in contrast to the voluminous texts that cater primarily to litigating attorneys and tend to be unsuitable for other constituents, such as law and business professors and students, human resource managers, and risk management consultants.
Achampong's is the only work that devotes several chapters to landmark developments such as third-party and same-sex sexual harassment and the only one that goes beyond merely discussing workplace harassment prevention to discussing risk management of liability for sexual harassment. It also discusses esoteric rules that apply to federal sector sexual harassment complainants. The appendices provide guidelines on discrimination; excerpts from the Civil Rights Acts of 1964 and 1991; a discussion of landmark Supreme Court cases; excerpts from the EEOC Compliance Manual; and EEOC policy guidelines on current issues of sexual harassment.