posted on January 19, 2016 by

What is Business Divorce?

When business partnerships have run their course, it might be time for a business divorce. Similar to the end of a marriage, a business divorce involves taking into consideration the assets and debts of a company, determining how to distribute them, and legally severing the relationship between small business owners.

Reasons for Business DivorceBusiness Divorce Atlanta

Many events can trigger the need for a business divorce. Partnerships may dissolve because partners no longer share the same goals and expectations for the business. Small business owners may begin new ventures or start to pull away from the business. A poor business model or financial problems may also lead to a business divorce. When partnerships can no longer be maintained, there may be little choice but to sever the legal relationship between partners and dissolve the business.

Issues Involved in Business Divorce

When a business must be dissolved, there are often several major issues that must be addressed. Business debs, including legal and tax liabilities, must be dealt with. Partners may disagree on the prioritization of certain debts and current obligations to lenders. Underlying problems that contributed to financial difficulty may need to be identified and rectified. Long-term liabilities such as leases must be addressed, as well as contingent or future liabilities such as personal guaranties of the partners. Other common issues include how to deal with the termination of employees and whether owners will be permitted to operate a new or successor business within the same industry.

Legal Rights and Obligations

Well-prepared business owners obtain legal assistance at the start of new business venture, including the preparation and execution of a shareholder, operating or partnership agreement that includes provisions regarding future dissolution of the partnership or company and winding up the affairs of the business. Absent such an agreement, the rights and obligations of small business owners are established by state statutes and applicable case law. In either event, it is important to consult with qualified business counsel as soon as a disagreement or possible event of dissolution occurs.

For legal guidance and assistance when dealing with a business divorce, contact the experienced partnership and shareholder dispute attorneys at the Atlanta law offices of Brownstein & Nguyen.

Filed Under: All Postings, Business Law, General News
posted on January 17, 2016 by

Legal Update on the Journey of Unaccompanied Minors

What is the current status of the legal and humanitarian problem of unaccompanied minors?

The number of unaccompanied minors, or minors entering the United States without adult guardians, seems to have slowed. Some 67,000 unaccompanied children crossed the border in 2014, while in 2015 that number dropped to less than 20,000. Moral questions aside, the United States is legally bound to ensure that it does not deport refugees to any country in which they face persecution. This requires the government to investigate the circumstances for each refugee to determine eligibility for refugee or humanitarian status.

Changing Detention Procedures

Not AloneDuring the height of the unaccompanied minor crisis, children were apprehended and detained in border facilities pending a resolution of their application. However, if a child had family or a legal guardian present in the United States, the child is eligible to be released into their care pending their application for adjustment of status. As of June 1, 2015, Congress urged the Border Patrol to reduce detentions. In response, Border Patrol has been coordinating with state foster and child care agencies and facilities to move children out of detention facilities and into better family-friendly environments.

In-Country Processing Program

In November 2014, the State Department launched the in-country processing program in El Salvador, Guatemala, and Honduras. Through this program, parents may submit refugee applications in their home country. This process allows children of refuges to remain with their parents pending their application status. The idea is to offer safe legal alternatives to the perilous journey north.

The goal of this program, coupled with increased security at the Mexican southern border, is designed to slow the movement of unaccompanied minors into the United States. The journey is expensive and dangerous for the children who attempt it. It is less expensive, both fiscally and morally, for the United States to process refugees in-country and safer for children to remain with their parents while waiting the processing of their application for refugee status.

It is important to be aware of the often complicated and lengthy legal immigration process. If you or a loved one needs support navigating the immigration system in the United States, contact the Atlanta experienced immigration attorneys at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
posted on December 21, 2015 by

4 Tips for Safe Holiday Travel

According to AAA, holiday season travel is expected to break records this year. AAA is forecasting that nearly one in three Americans will take a trip by vehicle. This means that for the first time, the number of holiday travelers expected to travel 50 miles or more from home may top 100 million. With so many individuals and families on the road, we wanted to share a few travel tips from Brownstein & Nguyen.

Number One: Vehicle Check UpBrownstein & Nguyen (1)

It is always a good idea to follow the dealer recommended maintenance schedule for your vehicle. However, if you are traveling farther than usual, spend a little extra time checking your vehicle before the trip. This includes making sure the tires are properly inflated and that all fluids have been topped off. Additionally, it is a good opportunity to make sure there are not any current recalls on your vehicle.

Number Two: Plan Enough Time for Travel

If you are traveling by air or over the roads, make sure that you give yourself plenty of time. Living in metro Atlanta often means dealing with traffic slow downs and delays.

Number Three: Use Navigation Apps

Using your vehicle’s GPS system is helpful when traveling by car. You’ll be able to avoid congested areas and alternate routes are often suggested by in car systems. Additionally, take a look at the following apps for getting you to your destination in a safe and timely manner:

Waze

The Waze app is available on android and Apple devices. This is a community based app in which other drivers update accident and traffic alerts in real time.

Google Maps

If you do not have an in-car navigation system, Google Maps will do the job for you. Plug your phone into the audio system of your vehicle and you’ll be as good as any other driver on the road with GPS.

Number Four: Prepare for An Emergency

You never know what type of weather you’ll run into, or if your car will have a failure. It is a great idea to make sure that you have an emergency kit in your car. This should include safety flares or reflective devices to alert other drivers on the road. It should also include water to prevent dehydration should you be waiting for a long period of time. A warm blanket is ideal to keep in the vehicle as is a first aid kit.

At Brownstein & Nguyen we wish you safe travels as you spend time on the roads this holiday season. 

Filed Under: All Postings, Personal Injury
posted on December 18, 2015 by

EB-5 Debate Continues

With concerns over fraud and poor oversight, the debate over EB-5 visas has prompted Congress to respond with a draft to renew current EB-5 legislation that is set to expire on December 11, 2015. This concern is related to the many high-end real estate projects in larger cities that have benefited with job creation from the program for the past several years. Meanwhile, smaller projects in more rural areas or impoverished areas may have been crowded out of the program because of the limited number of green cards available each year to foreign investors.Construction

Proposed Changes

With this draft, which is co-sponsored by Senators Charles Grassley and Patrick Leahy, proposed changes to EB-5 program seek to prevent future program abuses from occurring. It’s expected that these changes will increase opportunities for investors with smaller projects to qualify for EB-5 visas.

Included in the draft legislation:

  • The number of green cards for lower level projects would increase from 3,000 to 4,000 out of the 10,000 EB-5 visas available.
  • Projects, including government infrastructure or manufacturing would be placed in their own categories that will qualify them for a lower fundraising level, along with those in designated federal economic development zones.
  • Fundraising levels would rise from $500k to $800k for lower level projects and from $1 million to $1.2 million for larger projects.
  • To qualify for high unemployment area benefits, the location of the project would need to take place or next to a census tract that has an unemployment rate of that is equal or more than 150% of the national average.
  • Projects located in areas where the poverty rate is 20% or higher will qualify for additional consideration with other federal economic development programs.

Don’t struggle with the EB-5 process alone. Contact the immigration law experts at Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law, Immigration Reform
posted on December 7, 2015 by

Common Myths Associated with Alzheimer’s Disease

DisagreementWhile National Alzheimer’s Awareness Month has come and gone, it is important to consider that Alzheimer’s affects almost 1 person per every 2 families. Even though the disease is so widespread, most people don’t know the facts about Alzheimer’s and how it can affect you and your elderly family members.

Myth 1: Memory Loss is Part of a Normal Aging Process

One of the myths that most people hold is that memory loss is part of a normal aging process. This is factually and medically wrong. Alzheimer’s follows a 14 year progression from the onset of initial signs until death. However, most people are diagnosed with the disease at a very late stage. This is because many elderly are afraid of being stigmatized and choose to keep quiet until memory loss severely affects their daily lives.

Myth 2: Alzheimer’s Cannot be Treated

Another common myth is that Alzheimer’s cannot be treated. While it is true that there is no known cure for Alzheimer’s, that does not mean there is no treatment available. There are modern and conventional medical treatments that can be effective in combating the disease. Generally, early treatment is necessary to prevent further brain damage and deterioration. Most people believe that any treatment short of cure is not an effective method. However, many suffering from this condition can lead a quality life with early diagnosis and proper treatment.

An important thing to remember is that a healthy heart and body is equal to a healthy brain. Many physicians have agreed that the brain is closely related to the heart. This explains why individuals with high blood pressure, cholesterol and obesity risk experiencing cognitive decline.

It is important to be aware of the legal rights of the elderly when it comes to elder care. If you or a loved one are dealing with issues due to memory or other long-term care associated with Alzheimer’s Disease and long-term care, contact Brownstein & Nguyen for legal support.

Filed Under: All Postings, Elder Care/Malpractice, General News
posted on December 3, 2015 by

Immigration and Holiday Traditions

With the arrival of the holiday season, many people are gathering with family and friends to celebrate the holidays. One thing about living in the United States – there is no one single way to celebrate a holiday. Many families integrate different customs that have roots in their native countries as they celebrate the holidays. Since the pilgrims first arrived and countless others emigrated to this country from around the world, there has always been a connection between immigration and holiday traditions.

Origins of Thanksgiving

To celebrate their first successful corn harvest, the Pilgrims held a feast to celebrate with their Native American friends. This feast became known as the first Thanksgiving in America. However, the origin of celebrating a successful harvest has roots in ancient civilizations, such as those of the Romans, Greeks, and Egyptians who often paid tribute to their deities. The concept of Thanksgiving also bears a striking resemblance to the Jewish harvest festival known as Sukkot.

Origins of Christmas TraditionsImmigration

Up until the 19th century, Christmas was not really celebrated in the United States because the holiday had been outlawed by the pilgrims. However, the holiday’s popularity grew with an influx of German immigrants during the 1800s. While Christmas is known as a Christian holiday, many of the customs celebrated today come from pagan roots that originated in Germany. The holiday was originally intended to celebrate the winter solstice. Customs such as Christmas trees, caroling, exchanging gifts, gingerbread houses and good old Saint Nick are a result of German influence.

When it comes to family immigration, contact the Atlanta immigration law offices of Brownstein & Nguyen for assistance. While celebrating the holidays this year, think about how immigration and holiday traditions have an impact on how you celebrate. It is a great way to honor your heritage.

Filed Under: All Postings, General News, Immigration, Immigration Law
posted on October 30, 2015 by

Prescription Drug Costs – how much is too much?

There has a been a lot of talk in the news lately about the inflated costs of prescription drugs. It is now becoming increasingly common to see prescription drugs that have been on the market for over 50 years to suddenly quadruple in price or in one case, increase 5,000% percent. For many people, taking these prescriptions is a matter of life and death. Being suddenly hit with outrageous out-of-pocket costs to the tune of thousands of dollars are causing these individuals extreme financial and personal hardship. Some are forced to choose between eating and paying for needed medication to stave off debilitating, life-threatening medical conditions.

When prescription drugs first arrive on the market, it is expected to have to pay a higher price. This is because drug makers are seeking to earn a return on their investment for research, development, and drug trials that are required before the drug is released to the public. If a drug is commercially successful, though, the pharmaceutical company can make back its initial investment in a few short years. After that, the rest if pure profit. Real savings to consumers usually do not trickle down until after drug goes off-patent, typically between 7 and 12 years after a drug is approved for sale. However, to suddenly increase prices of drugs (even generic ones) to exorbitant levels is a form of medical extortion.

Rising Healthcare Prescription CostsWhat many people realize is that spiraling healthcare costs are nothing new. Hospitals have been getting away with it for years with overcharging patients for routine services such as diagnostic tests and X-rays, pain medication or medical supplies. Depending upon a patient’s coverage, their prices may be higher or lower with those with less coverage often being charged higher prices. Being charged $10.00 or more for one Tylenol is no longer a joke; it is a stark reality for many.

Some states have attempted to address the prescription drug crisis through legislation limiting patient co-payments or requiring cost transparency. So far, those efforts have failed largely due to the overwhelming money and influence of large pharmaceutical companies. On the federal level, there have been legislative efforts to allow Medicare to negotiate drug prices, price limits for seniors (under Medicare Part D), and cost transparency. Check out these and other proposals (including allowing easier access to Canadian drugs) supported by Democratic presidential candidate and U.S. Senator Bernie Sanders of Vermont.

As individuals, we might feel powerless to fight the cost of prescription drugs. However, if you or a loved one has been further victimized by the healthcare system due to medical negligence or mistake, there is something you can do. Contact the medical malpractice attorneys at Brownstein & Nguyen to see if you have a case.

Filed Under: All Postings, Billing Fraud, Healthcare Costs, Healthcare Fraud
posted on October 23, 2015 by

International Infection Prevention Week

Along with the changing colors on the trees, there is a chill in the air in metro Atlanta. Both are sure signs of fall! Another sign of the season can be found at any grocery or department store with pumpkins lining curbs out front and aisles of candy and costumes. Yet, even with the spooky delights of Halloween, a much more serious fright is observed during the third week of October with International Infection Prevention Week.  

Medical Malpractice

Image via APIC

This fright is a hidden one in the everyday world around us, and comes in the form of microbial organisms that cause infection, a major concern when it comes to disease control and prevention. While the healthcare industry is aware of the importance of washing hands, the message does not always get across to the general public or even within the healthcare industry itself. As reported in our Healthcare-Associated Infection information, more than 200 Americans are expected to pass away each day as a result of an infection contracted during a hospital stay.

Obviously, infections can be transmitted through other sources besides unwashed hands. However, this is one of the most basic places to start. For this reason, we support the Association for Professionals in Infection Control and Epidemiology (APIC) as they celebrate and promote awareness during International Infection Prevention Week. Here are a few tried and true pointers:

Infection Prevention at Work

No matter what industry you work in, whether it is healthcare, food preparation or service, education, government or private business, it is important to keep in mind general infection prevention practices. One way to prevent the spread of infection is through staying home from work or school when sick. This is not always practiced, but can easily make all a huge difference in the spread of diseases including common colds and the flu.

Infection Prevention at School

Parents of school-aged children know that colds and stomach bugs can pass through a classroom like wildfire. Encourage your child to make sure they are washing their hands regularly, especially after using the restroom and before eating. Another reminder for kids and adults includes sneezing or coughing into one’s elbow rather than into their hands.

Infection Prevention with Young Children

Young children may be at a higher risk for infection, but are also carriers of germs and bacteria especially on their hands. For this reason, it is important to instill proper handwashing procedures early on. One fun way to do this is to teach children to wash their hands while singing the entire ABC’s to make sure that they take enough time to lather up and scrub.

Lack of hand washing and other preventive measures likely contribute to the spread of infections. In cases involving healthcare facilities or professionals, sometimes infections may fall into the category of medical malpractice. In the state of Georgia, medical malpractice claims in  are not easy to pursue, but the lawyers at Brownstein & Nguyen have years of experience successfully litigating cases like these. Contact our Atlanta malpractice attorneys for a free consultation if you or a loved one have suffered from a Healthcare-Associated Infection.

Filed Under: All Postings, General News, Personal Injury, Preventable Infections
posted on September 25, 2015 by

Avoiding Pedestrian Accidents

Pedestrian and motor vehicle accidents can result in severe personal injury cases, often producing catastrophic injuries to the pedestrian victim or even the loss of a loved one. However, many pedestrian accidents can easily be avoided by taking extra precautions. Whether you are walking on or near city streets, residential neighborhoods, highways or rural roads, follow these tips to reduce the  risk of being struck by a motor vehicle:pedestrian

Be More Visible

Just like cyclists must be vigilant in making themselves more visible to drivers, pedestrians must also strive to make themselves better seen by motorists. This can be accomplished by traveling on foot during daylight hours only or by walking in well-lit areas. Additionally, pedestrians can wear bright or reflective clothing.

Look Both Ways

This tip goes for both motorists and pedestrians. Before entering an intersection or driving through one, it is important that both pedestrians and drivers alike carefully look both ways. This is especially important for motorists who are driving in areas where pedestrians frequent or where children might be dashing into the roadway (such as residential streets).  

Follow the Law

There are very specific laws that pedestrians and motorists must follow. Some of these laws are the same for both. Both groups should be aware of right-0f-way laws in the areas where they frequent. In general, pedestrians (including joggers) must follow these rules:

  • walk only in designated areas and utilize crosswalks where provided
  • if there is no sidewalk, stand or walk only the shoulder of a road
  • if there is no sidewalk or shoulder, stand or walk as close as possible to the outside edge of the road
  • if on a two-lane roadway, stand or walk only on the left side of the road
  • yield the right-of-way to all vehicles on the road, except as above

Be Alert

While distracted driving has received much media attention, distracted walking can also pose an additional risk of suffering personal injury. Pedestrians who are distracted by listening to music, talking on a cell phone or texting may not be as alert to potential dangers around them.

Pedestrians who are injured in an accident should promptly discuss their rights with a personal injury lawyer. Contact the experienced, dedicated personal injury and pedestrian accident attorneys at Brownstein & Nguyen.

 

Filed Under: All Postings, Personal Injury
posted on September 24, 2015 by

Dangers and Risks of Semi-Trailer Truck Accidents

Unfortunately, semi or tractor-trailer truck accidents are often much more serious than car accidents. Due to a truck’s increased mass and physics, a large truck is capable of doing heavy damage and can cause serious, sometimes fatal, injuries. Knowing the most dangerous risk factors can help keep you safer on the road. Atlanta personal injury lawyers Brownstein & Nguyen have assisted in truck accident cases, and want you to be aware of the following variables often involved in truck accidents in Georgia.

Wide Turns

Due to their length, semi trucks make extremely wide turns. Drivers of other vehicles may not be consider a truck’s turning radius, so they may not give the truck a wide enough berth at intersections. Novice truck drivers may also underestimate their vehicle’s size, and assume that they have more room to safely turn than they actually do. As a result, truck operators might inadvertently smash the back of side of their vehicle into surrounding objects including curbs, light poles, vehicles, and even buildings or overpasses. Depending upon the mass of the truck and the speed at which it’s taking the turn, the resulting collision could be quite serious.

Increased Stopping Distance

AccidentBasic physics dictates that the more mass an object has, the harder it is to stop moving once it is in motion. This applies to all objects, including semi trucks. Most drivers know instinctively that trucks have more mass than cars do, but they may not have that same intuitive understanding of the required stopping distance of a big truck. Motor vehicle drivers might maneuver around a truck in very dangerous ways, which could be comparatively safe around a car.

Even savvy car drivers don’t necessarily think about the increased mass that the contents of a truck create. Semis in particular have the capacity to store large amounts of cargo, which can add considerably to the truck’s mass, and in some cases increase risk with the transport of hazardous materials. That truck on the road could be empty, or it could be full of goods, which could add greatly to the vehicle’s stopping distance.

Jackknifing

Semis are different from other trucks because their trailers must follow the lead of the tractor or cab that is driving them. This makes tractor-trailers particularly prone to a phenomenon called jackknifing, where the truck cab turns too suddenly or sharply for the trailer to follow, forming the same shape as that of a jackknife. Jackknifing is particularly common in hazardous weather and road conditions where vehicles skid, such as snow, sleet or rain. Additionally, if a semi is poorly loaded the contents may slide around when the vehicle stops. If the semi comes to a sudden stop, that rapid shift may be enough to make the vehicle jackknife.

Increased Risk on Georgia Roads

In 2011 a change in Georgia state law reduced the amount of inspectors checking trucks for safety. With less inspectors came fewer truck inspections, and consequently more unsafe trucks and drivers left on the road. This dangerous combination has resulted in more trucks on the road and less federal regulatory compliance. As a result, Georgia saw a 38% increase in commercial vehicle accidents from 2011-2013.

Whether you’re driving a car or a truck on the road, it’s always a good idea to keep in mind the potential hazards of trucks, for your safety and that of your loved ones. Any of these factors can become incredibly dangerous on the road, and can take other drivers by complete surprise. If you have been involved in a commercial truck accident, you should consult with an experienced personal injury attorney that will confidently assess your case. This is especially important because trucking cases involve complex rules and regulations that are not typically present in automobile injury cases. Our team at Brownstein & Nguyen is able to assist in these types of cases. Please feel free to contact us using the contact form to the right or by calling us at 770-458-9060.

Filed Under: All Postings, Featured, General News, Personal Injury
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