Archives for June 2015

Water Safety Tips

June is National Safety Month and coincides with the end of school and the beginning of summer. This makes summer swimming safety particularly important, as kids find welcome relief in pools, ponds, and puddles across the greater Atlanta area. Sadly, they may find themselves in distress and parents must often cope with grief due to a lapse in basic water safety precautions.

water safetyAt Brownstein & Nguyen, we offer these water safety tips in an effort to reduce the number of potential clients in need of legal services by one of Atlanta’s preeminent personal injury lawyers.

Swim in Water; Drink Water

Diane McKinsey, a pool lifeguard certified by the International Lifeguard Trainer Program, works at a water park. She has one piece of water safety advice for parents: please don’t drink alcohol.

Too often, she says, alcohol interferes with adults’ summer water safety awareness. Under the effects of alcohol, parents often lose sight of their children and tragedy can result. Says McKinsey, “If you and your kids are going to swim in water, then drink water — nothing stronger.”

Be Water Wise

The National Safety Council (NSC) points out drowning as the leading cause of death among children 1 to 4 years of age.  NSC recommends parents be extra vigilant around water, including paying attention to boating safety tips as well as general water safety tips.

  • No child is drown-proof
  • Lifeguards are not babysitters
  • Undertows exist in all bodies of water—pool suction fittings and drains can trap a child underwater
  • Even strong swimmers should wear life jackets—The NSC provides many additional boating safety tips at its safety-conscious website
  • As a parent, you are your child’s best protector, so get trained for cardiopulmonary resuscitation (CPR)
  • If your child is out of your sight, first check bodies of water before looking elsewhere.

Teach Your Children Well

From three-year-olds to adults, all swimmers should learn basic summer water safety. The NSC recommends all swimmers learn:

  • Not to swim alone
  • To be prepared for an emergency
  • To avoid diving into unknown bodies of water
  • Never to push others into water or jump on others already in water

If through accident or another’s negligence, you find yourself needing a lawyer because of a water-related mishap, contact the personal injury lawyers at Brownstein & Nguyen.  Protect your rights and those who depend on you.

Executive Action Updates

Executive Action on Immigration

The future looked bright for more than 4 million immigrants and their families when President Obama issued his executive action on immigration in late 2014.Immigration

The action was designed to help immigrant children and their parents who had been in the country for several years without violating laws.

Unfortunately, those opposing the President’s executive immigration action sought and obtained an injunction in federal court putting it on hold.

In May, an appellate court upheld the injunction which means the executive action is indefinitely stalled. President Obama has vowed to continue to work on immigration reform.

To read more about the executive action, visit the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/immigrationaction.

Immigration Laws Are Complex

If you have had any dealings with United States’s immigration laws, you understand there are few areas of US law more difficult to understand and successfully navigate. The rules are extensive and subject to a variety of interpretations that depend on the facts and circumstances of each case, as well as the immigration officer, government officials and administrative judge handling each case.

Because immigration laws are so complex, you need an experienced immigration lawyer who understands the complexities and subtle nuances of the law and how to effectively advocate for you.

Safeguard your right to stay in the United States or your ability to bring your family to the United States by working with the immigration law firm of Brownstein and Nguyen of Atlanta.

Experienced Immigration Attorneys

Brownstein and Nguyen will fight to ensure you are able to stay and work in the United States. For over 20 years, we have successfully handled immigration cases in Georgia and throughout the United States. Brownstein and Nguyen has helped thousands of clients desiring to enter, reside and stay in the United States.

Trust us with your immigration needs

We can help you with any of these immigration issues:

Visas (Fiancee, Spouses, Minor Children)
Family Immigration (Green Cards)
Employment/Investor Visas
Citizenship/Naturalization
Asylum
Removal/Deportation
Immigration from Vietnam

Call us today for a consultation, or fill out the simple contact form at the right. We look forward to helping you.

National Safety Month and Risk Factors for Young Drivers

The National Safety Council seeks to help save lives and prevent injuries at work, at home, and on the road. Each June, the National Safety Council recognizes National Safety Month. This year, the non-profit organization has coordinated a campaign for the month of June centered around the question, “What do you live for?” Take a few moments to reflect and answer the question for yourself.

#ilivefor

Image via nsc.org

What is it that keeps you going? Is it your family? A career? A hobby? Now, think about daily interactions with potential risk factors that could cause injury. These risk factors may come into place at home, in the workplace, in your vehicle, or in your community. There are often simple steps that can be taken to address risk factors and prevent injuries at home, in the workplace, and on the roads.

Let’s say that you chose your family to answer the question of what you live for. If you are the parent of a teenager or even a preteen, this is the perfect time to begin conversations about the risks involved with driving. The National Safety Council gathers research and data regarding risk factors and what causes accidental injury and death while behind the wheel. According to their data, “Half of all teens will be involved in a car crash before graduating from high school. Many of these crashes will be simple fender-benders, but too many others will claim precious young lives. Parental involvement can significantly reduce teens’ crash risk.”

Injury Prevention

Checklist via nsc.org

Simply knowing the facts, taking proactive steps toward accident prevention, and having open conversations with young drivers can help reduce and prevent injuries and deaths. In an effort to help guide conversations with your young driver, take a look at the transportation checklist provided by the National Safety Council.

At Brownstein & Nguyen, we want to help you and your loved ones be safe and avoid injuries. However, should you or a loved one become injured in metro Atlanta, Georgia or elsewhere, we are here to help.

Avoiding Red Flags in Business Law Contracts

Any type of business law contract or arrangement can have red flags and points that should be properly addressed in the contract. In many instances, an experienced business law attorney would advise their client not to sign a contract unless important provisions are carefully worded. It is too easy for a layperson to fall victim to vague or inequitable contract language.Red Flag in Business

Freedom of Operation

Most companies have at least a non-disclosure section within their contracts, which is okay. However, some companies or individuals also attempt put restrictions on the party’s freedom to operate or earn a living. This can include a clause that prohibits the assignment or transfer of the contract, a non-solicitation clause, and non-compete clauses. While these and other types of operational limitation clauses can be acceptable depending on the circumstances, they should be reviewed and tailored with extreme care to avoid becoming overly restrictive. One’s exit strategy from a business relationship can be impeded or even crippled by contractual clauses such as these.

Scope of Liability

There should always be a limit to the liability a party can be held accountable for. If one party breaks a contract, the other may claim direct, consequential and sometimes other damages. Without effectively worded language limiting liability for a breach, a party’s exposure might be unlimited in scope, even if there was a different intent. This could mean the difference between possible bankruptcy for one party and a reasonable resolution where both parties are able to continue on with their respective businesses.

Intellectual Property Transfer

Including a clause in a contract that allows a developing party’s personnel to utilize knowledge gained from a particular engagement or operation is often standard. In turn, this allows a developer to continue providing custom work to other clients without harming a customer’s proprietary information or code or information developed specifically for them. Failing to include appropriate language regarding ownership of developed intellectual property can lead to treacherous legal waters down the road.

Another problem can occur when one party signs an exclusive license for the benefit of another party, which prohibits developing similar proprietary products for other customers. When an artist or creative professional contractually agrees that theirs is work for hire or they sign away all of their intellectual property rights, even an unrelated problem with the company they sold their rights to could create significant financial hardship. Including a residual rights clause is fundamental when it comes to drafting effective intellectual property agreements.

For more questions regarding business law contracts, scope of liability, intellectual property and freedom of operation, contact the business law offices of Brownstein & Nguyen. Attorney Jay Brownstein has years of experience assisting with the drafting of various business agreements and handling a wide range of business disputes.