Business Divorce

Let’s face it, when most people hear the word divorce they think about ending a marriage. After all, by definition divorce is, “a judicial declaration dissolving a marriage in whole or in part, especially one that releases the marriage partners from all matrimonial obligations.” Another definition is, “Any formal separation of husband and wife according to established custom.” However, a more generic definition is, “Total separation; disunion.”Business Conflict

If you look at that final definition, total separation or disunion, you’ll notice the context does not necessarily refer to marriage of persons. It could refer to a total separation or disunion of a contract or a business.

As an Atlanta business litigation lawyer, Jay Brownstein has years of experience assisting clients with business dissolutions and divorces. While a business divorce does not involve the ending of the marital union of two people, it does involve the separation of a business.

There are numerous scenarios in which a business divorce might become necessary, varying widely from one situation to another. Sometimes when a business is formed between two or more partners, a formal agreement exists that outlines the parties’ rights upon separation. However, many partnerships do not have a written agreement. In those cases, the parties’ rights can be dictated by the circumstances and applicable law.

After a business is formed, a variety of situations can occur in which one or more partners or shareholders realize that a change must occur. Differences in business strategies, goals or financial philosophies can cause serious obstacles to the continued operation of a business. If business partners agree to part ways or dissolve a business, an appropriate agreement for dissolution, transfer in ownership, or partnership buyout can be drafted and signed by the parties. However, where a disagreement can not be resolved amicably, a business divorce may require that legal counsel take certain actions to protect a client’s legal rights (including the possible filing of a court action).

If you are facing a disagreement with your business partners and need to find a resolution that is agreeable and legally sound, contact Atlanta business dispute attorney Jay Brownstein.

Cell Phone Courtesy

Work-life balance means different things for different people depending on their occupation and personal circumstances. With the use of smart phones, many individuals have adopted a work-life integration model in which they are almost constantly available via phone, text, or email. This can be quite distracting, and contrary to common courtesy and etiquette. July happens to be National Cell Phone Courtesy Month, and therefore a great time to brush up on basic rules of thumb for cell phone use in business and for personal matters. Etiquette expert Jacqueline Whitmore offers these useful tips:Safe Driving Tips

1. Be all there.

Simply put, your focus should not be on your cell phone, messages, or emails during an important business meeting or conversation. This applies to situations across the board including legal conversations, courtroom visits, and medical office visits.

2. Keep it private.

If you don’t want others to overhear the conversation you are having on your phone, find a private location or reschedule the conversation for a later time.

3. Follow the rules.

Be respectful of your surroundings, and aware of whether or not phone use is acceptable or appropriate in those situations. Special considerations apply in movie theaters, libraries, hospitals, in educational settings, and of course courtrooms.

4. Excuse yourself.

If you are expecting a phone call, inform those you are with in advance. This will prepare them for the interruption of your meeting, conversation or time together. Keep in mind that face-to-face interactions should take precedence over phone conversations.

5. Focus on driving.

While all of the above tips are important, this one is potentially a matter of life or death. The Virginia Tech Transportation Institute (VTTI) has found that the longest duration of time in which drivers take their eyes off of the road is directly the result of text messaging, browsing, and dialing. VTTI also found that text messaging doubles the risk of a motor vehicle crash. While behind the wheel, it is critical to focus on driving and avoid distraction through the use of a wireless device.

We hope that these cell phone etiquette tips along with other safety guidelines will be useful. With distracted driving as the cause of so many fatalities and serious injuries, we can not emphasize enough how important it is to follow the final tip of focusing on driving. It is possible that you or someone you know may have been involved in a distracted driving accident, or might be at some point in the future.

The attorneys of Brownstein & Nguyen are experienced in representing distracted driving automobile accident cases in the Atlanta area. With over 20 years of representation in personal injury, the reviews and testimonials speak to the skill and integrity with which Brownstein & Nguyen represent their clients. Contact the personal injury lawyers at Brownstein & Nguyen today at (770) 458-9060 for a free consultation and review of your case.

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.

Takata Airbag Recall in Atlanta

Living in the Atlanta metro area means summers of heat and humidity are a fact of life. Atlantans adjust to life with these discomforts, however. After all, modern conveniences including air conditioning in our homes, workplaces and automobiles help make life much more comfortable.

Image via Flickr.com

Image via Flickr.com

Fortunately, in modern day Atlanta most automobile owners bear through the commute and traffic conditions in comfort with air conditioning. However, they may be completely unaware that the humidity and a crucial safety feature in their vehicles – airbags – may be putting them and their passengers in danger.

Recent news stories indicate that the Takata airbag recall has reached historic proportions. In an effort to save lives, since 1998 federal law has required airbags to be installed in all vehicles sold in the United States. Yet, this very safety feature, intended to keep drivers and passengers safe, is putting many people at risk.

Japanese airbag manufacturer Takata is a major supplier of airbags for numerous makes & models of vehicles sold in the United States and around the world. These airbags have been identified as being extremely dangerous because the inflators can explode when the airbag is deployed in a crash, puncturing the bag and preventing it from properly restraining vehicle occupants. In addition, shards of metal from the exploding gas canister may be projected at passengers or drivers, turning the very device that was meant to protect into a potentially lethal threat.

To date, exploding inflators in Takata airbags have been the cause of six deaths and hundreds of injuries. These deaths have all occurred in vehicles manufactured by Honda, and it appears that this extremely dangerous situation is more pronounced in geographic areas with high humidity. Other vehicles affected by the recall including certain models and years manufactured by Ford, GM, Nissan, Toyota, Subaru, Mitsubishi, Mazda, Infiniti, Lexus, Saab, Chrysler, Dodge, Pontiac and BMW.

It is essential that all automobile owners research their specific make and model to determine what type of airbags are in their car. Visit Safecar.gov to input a Vehicle Identification Number (VIN) and determine if your vehicle is included in the recall.

If your vehicle is affected by the Takata airbag recall, time is of the essence. Take the vehicle to a dealership as soon as possible so the airbags can be replaced with safer alternatives.

If there are questions regarding legal rights and the Takata airbag recall, do not hesitate to contact Atlanta personal injury law firm Brownstein & Nguyen.

Memorial Day Weekend Travel in Atlanta

Memorial Day weekend is upon us. With a 3-day weekend knocking at our door, millions of Americans are planning on hitting the road. According to AAA Travel 37.2 million Americans will travel 50 miles or more from home over the holiday weekend. While not all travelers will reach their destinations in the same way, approximately 88% of travelers will be driving from Point A to Point B. By the numbers that boils down to 33 million travelers on the roadways.

Holiday TravelThe AAA data points to the heaviest volume of Memorial Day weekend traffic since 2005. With all of these travelers on the road, there are sure to be traffic incidents. In an effort to proactively avoid an automobile accident, it is important to make sure that your vehicle is ready for travel. In preparation for a road trip, here is checklist for your vehicle:

Check the Tires

Make sure tires are properly inflated and that they are showing signs of even wear. If you notice any dry rotting, lumps, or bare tread it is a good idea to have your tires checked professionally in an effort to avoid a catastrophe on the roads with a flat tire or blowout.

Check the Fluid Levels

A quick check under the hood will allow you to make sure that your fluids are topped off. It is bad enough to be leaking oil or antifreeze and have your car break down, but with so many people on the roadways a broken down car is an increased risk for an accident.

Lights

Make sure that all of your lights are working properly. This includes headlights, tail lights, turning signals, and reverse lights. Properly working lights will allow other drivers to see you and to know which direction you are heading.

No matter how proactive you are in making sure that your vehicle is ready for travel, you can never be fully prepared for the actions of other drivers on the road. Should you be the unfortunate victim of a car or truck accident as a result of someone else’s failure to yield, DUI, improper lane change, or other risky driving behavior, remember that it is okay to protect yourself. Make sure that you contact the local law enforcement agency for a police report, exchange insurance information, and document any hospital or doctor visits. If necessary, contact a personal injury attorney for legal assistance. Our personal injury lawyers are ready to help in your time of need. Contact us by calling 770-458-9060 or by filling out the form on the right hand side of this article.

Lack of Proper Care In Assisted Living Facilities

With many families relying on two incomes, it can be almost impossible to manage the health care needs of an elderly parent living in your household. Having to put a loved one in a nursing home or assisted living care facility can be a heart-wrenching, albeit necessary, decision for many families.Nursing Home Care

Once your loved one is under nursing home care, though, how can you be assured they are receiving the appropriate care and not being neglected or abused?

A Growing Problem

Failure to provide proper long term care or rehabilitation care or to catch health issues before they develop into serious conditions has become a growing problem in the elder care system. Another concern is medical errors — for example, wrongly dispensed medications that go unreported. By the time many of these issues become known, it may already be too late to save your loved one. Irreparable harm may have been done, causing an irreversible decline in physical condition.

Often, these issues can be traced back to a lack of medical training among staff members. Because it’s impossible for family members to monitor care around the clock, problems may go undetected for too long. The elderly, whether from fear of retribution or deteriorating health conditions such as Alzheimer’s disease, are often unable to act on their own behalf and speak out against poor care and/or abuse.

How You Can Help

You can improve your loved one’s outcome by making sure they are being placed in an assisted living facility or nursing home that adheres to proper standards of patient care and employee training requirements. Be sure to watch for signs of neglect or abuse when you visit. If something doesn’t seem right, be an advocate for your loved one and immediately speak to administration about your concerns. Do not hesitate to demand swift action to correct any issue affecting care.

If you have any questions pertaining to medical malpractice or nursing home abuse in Atlanta, reach out to Brownstein & Nguyen. With over 25 years of experience representing patients and fighting for quality care, our medical malpractice lawyers are ready and able to help. Call us at (770) 458-9060 or fill out the contact form on the right hand side of this page for assistance.

 

Employment Visa Sponsorship

The H1B employment visa system is very important for skilled workers. This immigrant visa classification allows a non-U.S. citizen to work in the United States on a temporary basis. Employers wanting to hire highly skilled workers in engineering, computer programming, and other science fields from outside the United States often apply for an H1B visa on behalf of prospective employees. This visa category also applies to workers with non-scientific specialized knowledge and skills.

Spouse Visa AtlantaRequirements of an H1B Visa

There are several requirements identified by the United States Citizenship and Immigration Services (USCIS) agency in order for an H1B employment visa to be obtained. These requirements include a bachelor’s degree (or higher) that is equivalent to the minumum requirements for a specific job, and a Labor Condition Application (LCA) must be provided by the employer.

Application Process for an H1B Visa

The application process for an H1B visa is quite extensive. For quality assurance and assistance through the process, a qualified immigration lawyer is often quite helpful in assisting both the employer and employee. Atlanta immigration attorneys Brownstein & Nguyen have over 25 years of experience representing clients in immigration and visa cases.

Spouses of H1B Visa Holders

Previously, spouses and minor children of an H1B employee were permitted to live in and study in the United States with an H-4 status, but they were not able to work. A recent change will allow some spouses of H1B visas to now seek employment. For further information, clarification, and assistance in obtaining an H1B visa or the changes associated with H-4 work status for spouses of H1B visa holders, contact the law offices of Brownstein & Nguyen in Atlanta by clicking here or by filling out the contact form in the right hand column.