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Cyber Theft| Consumer Protection
Written By: Louie Talacy
What do Target, JP Morgan and Home Depot have in common? These are all large corporations that have experienced serious security breaches. The security breaches compromised the identity of millions of consumers and shook their confidence. How do such big corporations get hacked? Aren’t there firewalls and identity protection procedures in place to prevent such breaches? Surely such huge corporations can afford the best and most secure anti-hacking products.
The truth of the matter is that, technology has evolved to a magnitude that is nearly incomprehensible. Nearly everything we do is integrated to some sort of machinery. The dawn of the internet laid the foundations for a worldwide integrated information super highway and now, more than ever, people who are tech savvy are finding ways to get ahead.
Unfortunately, some of those people are hackers who are willing to take advantage of other people’s hardships for their own monetary gains. As a result, the continuous struggle between hackers and security programmers has escalated into an intense cold war. Just like viruses and antibodies adapting to each other’s defenses, hackers and programmers are consistently evolving their tactics to keep ahead of each other.
The thought of having your information stolen is terrifying. With the advent of Black Friday and the winter holidays consumers must be more careful now than ever to protect their information. Fortunately for Floridians, new legislation has taken effect to protect consumers from cyber fraud.
Implemented July 2014, the Florida Information Protection Act imposed new regulations for protecting the consumer. Essentially the act states that companies must do more to ensure that consumer information is protected and safeguarded from hackers. The expected level of protection is based on the size of each company; obviously, the larger the company the greater the need for more advanced consumer protection.
So now that you know about these changes, you can shop a little easier for your holiday gifts. Remember there are things you can do to help protect your information such as…
1. Check banks statements and report anything that seems suspicious.
2. Keep cards in a protected wallet
3. Perform regular credit checks
If you become a victim of identity fraud please seek counsel with an attorney at…
Auto Accidents| What to Do| Negligence and Insurance
Written By: Louie Talacay
Remember in grade school when you used to play point the finger and say “it’s their fault!”? Auto-accidents can have you playing the same exact game. Everyone is pointing fingers and refusing to accept blame. You’ve seen the auto accident commercials. They are always insisting that you call this or you call that leaving many people confused. To make things more confusing, every state has their own procedure and protocols for auto accident. For example, did you know that Florida is a no-fault state? This means that you may need to go to your insurance for coverage of damage even if the accident was of no fault of yours. So, what should you actually do if you get into a car accident? Below is a comprehensive recommended step by step procedure for anyone who gets involved in an auto accident.
1. The very first step every driver should do is check for safety. Is everyone “ok” and assess if anyone may be injured or severely hurt.
2. The second step is to call 911. Calling 911 will take care of two issues. One, anyone who is seriously injured can get medical treatment and an ambulance. Secondly, an officer can be dispatched and document the scene. Many insurance claims will not be considered without a documented police report so it is imperative that this item be furnished.
**Notes**
A. Do not move the car until the officer arrives, unless there is real danger to you or other vehicles on the road.
B. When the officer arrives, take pictures of the scene including the damage sustained on your vehicle, the damage sustained on anyone else’s vehicle and injuries that were sustained in the accident.
C. Stay in the car! There is often no need to speak to the other parties involved, unless someone is injured, until the officer arrives
3. Lastly, it is recommended that you call an auto accident attorney. Accidents can result in a very difficult and tiresome situation. Your insurance may have you running around without a clear resolution. You may be left without a mode of transportation and unable to go to work, which can be a major opportunity cost. Furthermore, if you are injured, you may have piling medical bills that need to be paid by the insurance company. An auto accident attorney can help guide you through the process of receiving the proper compensation from your insurance claim.
To speak with an auto accident attorney go to our website (link found below) and schedule a consultation. Blick Law Firm has represented many people that have been involved in auto accidents. We can assist in expediting the process and ease the inconvenience for auto accident victims.
Posted in Blog, Motorcycle Tips and Tricks, Personal Injury
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Florida Limited Liability Act| iOS 8
Written By: Louie Talacay
Did you know? The Florida limited liability act redefined the concept of a limited liability company (LLC). Enacted January 1st, 2014 the changes “updated” the old delineations to make them more functional for today’s dynamic utilization of commercial LLC’s. Like the newest update of apple’s iOS 8, the new act modernized the essence of an LLC.
What are the changes? Starting Jan. 1st 2014, all limited liabilities will be formed under the new guidelines outlined in the Florida statutes Chapter 605. The only exception will be limited liability companies that have been grandfathered into the new system; they will have up till January 1, 2015 to conform to new guideline standards. The revised act now makes it more consistent with other states who have already taken the leap into the 21st Century. Thus, the revisions will make Florida more competitive in the commercial market.
The changes expand on the previous act and clears up the ambiguity that existed. For example, the court is now unconstrained from appointing a special litigation committee for a derivative action proceeding. The changes addresses a much needed revamp of the old policies which left much room for interpretation. Furthermore, the new act clarifies questions such as, who is allowed to encumber the LLC Florida and what procedures should be applied for dissolution.
What this means? The changes have a significant impact on many different sectors of our lives. First, all new LLC’s and every LLC after January 1 must be compliant with the new regulations. Limited liability companies also have more specific guidelines for conducting business. These guidelines affect the companies operation and formation. Limited Liabilities are now being held to greater standards. They are now required to have forms, such as, the “articles of organization” and “statement of authority”. As a result, there is less confusion on who operates the company and who is allowed to sign certain legal documents. Even the buying and selling of commercial real estate as well as procedures for company mergers will be discrete. Essentially, the new act ensures no excuses for uncertainty.
Get current on Florida Limited Liability standards. Research Florida statutes Chapter 605. Want to be certain you understand the new guidelines? Get counsel from an attorney at…
Posted in Blog, Media Releases, Real Estate
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Ebola Epidemic| Business Legal Issues| Implications & Consequences
Written By: Louie Talacay
Guinea, December 2013 — A curious disease took hold in the heart of West Africa. The strange illness, which was previously documented, found a way to break through the isolation of small villages and make its way to the larger city of Sierra Leon. From there, the epidemic festered and spread it reaches far and wide to the world at large.
Ebola is a very deadly disease that has a mortality rate of 70%. The latest outbreak has infected more than all previous Ebola outbreaks combined and has killed a staggering amount of people including many healthcare workers treating Ebola patients.
Media coverage of the disease and the rampant, seemingly uncontrollable, spread of the disease induce fear and anxiety to the general American public. Some people have suggested drastic measures such as quarantining people who have recently traveled to West Africa for a discrete amount of time.
The seriousness of the situation has caused many people to question the risks and benefits of drastic action. Very recently, Reed Smith, a distinguished international law firm, formed a group dedicated to addressing the legal issues associated with the Ebola outbreak.
What are the legal implications of Ebola in regards to how businesses operate? Is it legal to quarantine people without their consent? Can businesses be held liable for the accidental spread of the disease? These are all questions that the recently formed group is trying to address.
The following scenarios below outline some major questions that are associated with the Ebola outbreak…
1. A shipping company that operates in West Africa ships major goods to the United States. A cargo crate has been infected with fluids from a West African worker unaware of being infected. The disease manages to survive the flight to the United States and infects a worker handling the crate. The worker goes home and infects his family, who, in turn, infects more people. Can the business be held liable for the incident?
2. A businessman recently traveled to West Africa to conduct some key transactions. Upon arrival to the United States, he is quarantined against his will for 2 weeks. He claims to feel completely fine and does not believe he is infected. After, 2 weeks he proves to be completely healthy. The quarantining prevented him from closing the transaction and the company is forced to take the loss.
3. Take the same scenario above but instead of being quarantined, the gentleman says he feels fine and is allowed to conduct his operations. A week later he goes to the hospital and is confirmed with having the disease. CDC is then forced to track his movements and notify anyone he came in contact with, that they could be infected.
These scenarios are obviously just hypotheticals, for the time being, but it’s good to address the issue. It is important to know how we will handle the situation, if we ever come across this dilemma.
What do you think about the above scenarios? Go to https://www.blicklawfirm.com and give us your thoughts and opinion regarding the Ebola outbreak. Should businesses be fined or penalized for the spread of Ebola?
References:
2. http://www.cnn.com/2014/04/11/health/ebola-fast-facts/
Posted in Behind The Scenes, Blog, Health, Media, Media Releases, Personal Injury
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DUI | Safe Halloween
“Zombies!!!” you scream.
Parading around with ketchup for blood, pasty white makeup and sipping on your hard apple cider this is the Halloween party of the year! The imbued red and orange leaves make you feel alive and the crisp fall wind excites every bit of your skin. Taking another sip, you feel the blood rushing in your body. That slight feeling of euphoria stirring your senses and you are having a grand time.
**Blackout & Lights Flashing**
“Great costume man” you indicate to a gentleman. Although, this time, something seems different. The loud music is nowhere to be heard and the forays of people are nowhere to be found. All that is left is you, red and blue flashing lights and this gentleman with an astonishingly accurate police uniform.
“Step out of the vehicle” he politely asks. That’s when it hits you; you’ve made one of the worst decisions of your life. As you stumble out of the vehicle euphoria instantly vanishes. A very uncomfortable feeling stirs in the pit of your stomach as you try to walk a straight line that seems to curve in every which way. Finally, he takes out the guillotine and reads 0.1 on the breathalyzer.
Getting a DUI is extremely embarrassing and irresponsible. According to MADD “Mothers Against Drunk Driving” 4,000 people are arrested every day for drunk driving. Having a DUI on record can be a serious blemish preventing you from acquiring jobs and qualifying for certain benefits.
Police are especially aware and scrutinize the road for drunk drivers during the holiday season. They know that, that is when most people are drinking and make the rash decision to get on the road. They step up their patrol to ensure that the roads are safe for everyone during these times.
So what should you do, if you get a DUI? Well, that depends on your scenario. Many states, including Florida, have probationary periods for 1st time offenders. Having a DUI lawyer to represent you can help ensure that your license is not suspended and that other serious consequences do not occur. There is only a small window of time for you to prevent a criminal charge so speaking to an attorney right away is very important. An attorney can negotiate on your behalf and can possibly remove and charges filed against you.
To speak to an attorney about your DUI case, schedule a consultation at…
Posted in Behind The Scenes, Blog, DUI
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Immigration Services| My Personal Account
Written By: Louie Talacay
One of my earliest memories happened when I was 4. My family and I immigrated to the United States from the Philippines. Being 1 of 5 children, the immigration was a long process that lingered and moved at a snail’s pace. My aunt, our sponsor, at the time spent $100k in attorney fees to speed up the process.
I recall the heart wrenching moment when my mother and brother parted ways. Immigrating to the US is a lengthy process and my brother, who was sponsored at the age of 8, was already 19 by the time we were given the “green” light. He was unable to come with us because he was already a seasoned adult. I remembered how torn and grief-stricken my mother was over the entire situation. Being so young, I did not know that things were awry but I could discern that this was not the optimal situation.
Immigration reform has altered greatly over the past decades since I moved here. Changing demographics and the upwelling of illegal immigrants has highlighted the need for such reform. According to the New York Times, illegal children are unable to attend school without being legitimized; this seemingly unfair practice has been mirrored throughout much of the United States.
I know that the only reason that my family and I were able to come to America was because we had a lawyer to represent us and expedite the process. In immigration, time is of the essence. Attorney’s can provide services such as assisting with and gaining citizenship, representation in court, and obtain immediate access to citizenship in emergency situations. They are aware of the intricate details of the immigration process and can help you through the difficulties, setbacks, and waiting that is commonplace in immigration law. Furthermore, they can counsel you on your options and will be the best source of information to assess your unique situation.
The benefits of being a citizen are underscored in our constitution. To have the right to be called an American is something that citizens take for granted and yet so many others pray and struggle over. As a society founded in immigration we need to provide access to those who truly wish to live the American Dream.
Blick Law Firm specializes in Immigration Law. They are aware that families both legal and illegal immigrants may need representation and counsel when it comes to gaining citizenship. To schedule your consultation with an attorney please call:
Posted in Blog, Immigration
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