posted on September 18, 2015 by

Contract Disputes

Starting a new business can be an exciting time for all involved, especially business partners. It is important not to neglect certain legal matter that might seem like non-issues in the beginning. Failure to protect each party during the life of the business in the event of a dispute or serious disagreement can result in a major legal headache later.Disagreement

Keeping it Professional

There is no such thing as “we don’t need to be formal – it’s just friends and family.” When it comes to business, everything should be done by the book. That is why business partners need to work with an experienced business attorney to craft a partnership agreement that covers common issues including:

  • Fiduciary responsibilities of partners
  • Financial issues, including stock ownership, compensation and debt
  • How disagreements will be resolved
  • Recourse for breach of contract
  • Exit plan if a partner decides to leave

Having a solid partnership agreement will help prevent some contract disputes from occurring. However, even with the best intentions and planning by the parties, there is a chance that a dispute might arise that threatens the ongoing survival of a business.

Business and Contract Disputes are Always Possible

In business, disputes between partners and owners can result in lengthy legal battles. This can happen even where the partners took necessary precautions at the outset and crafted an exit plan detailing how to resolve disagreements later on.

As an example, consider the recent Georgia Court of Appeals’ decision in the case of Krieger v. Bonds. In that case, two partners in a closely-held corporation entered into what is commonly known as a buy-sell agreement when they formed the business. The agreement provided for the re-purchase of a withdrawing partner’s stock by the remaining partner in the event the partners decided to part ways. The parties followed the agreement, but communication broke down before the stock sale closed, leading one partner to sue the other to enforce the agreement. Due to numerous disputed facts about exactly what occurred, the court held that the case should be decided by a jury.

Legal cases like Krieger highlight the need for effective legal counsel, both when forming a business and later on when a disagreement occurs. While careful planning and a written partnership or shareholder agreement are a must, they can not prevent disputes from occurring. When problems surface, it is important to consult with a business litigation attorney as early as possible.

Brownstein & Nguyen founding partner Jay Brownstein has the experience, legal knowledge and business acumen necessary to provide trusted guidance and skilled representation in a variety of cases including breach of contract, partnership disputes, investor fraud, employment agreements and similar matters.

If you are involved in a shareholder, partnership or contract dispute, contact the experienced Atlanta business litigation attorneys of Brownstein & Nguyen.

Filed Under: All Postings, Business Law
posted on September 11, 2015 by

Studying in the United States

At Brownstein & Nguyen, we assist families and individuals pursuing their dreams by meeting their various immigration law needs. In some cases this may mean working with clients to obtain work visas, and in other cases it may mean assisting them in obtaining student visas.

Student Visa Facts

When it comes to entering the United States as a student, there are two types of student visas that may be obtained. The F-1 student visa is for those wishing to pursue academic study, while the M-1 vocational student visa is for those wishing to pursue vocational or recreational study.

Visa Renewal and Terms

Visa Limits

Each year, about 500,000 individuals take advantage of the opportunity to study in the United States with an F-1 student visa. There is no limit to the number of F-1 visas that may be issued each year. It is important to keep in mind that applying and being accepted into an academic program of study makes the process of obtaining an F-1 student visa easier.

Similarly, for individuals wishing to take on vocational or recreational studies there is no limit to the number of M-1 vocational student visas issued each year. However, it is recommended that acceptance into a vocational program or institution is obtained prior to pursuing an M-1 vocational student visa.

Navigating the requirements and legal process involved in gaining a student visa can be difficult at times. Experienced Atlanta immigration attorney Tien Nguyen is familiar with the law and procedures, and confidently assists those wishing to pursue an academic course of study or vocational course of study in the United States. If you or a loved one are in need of assistance in obtaining an M-1 vocational student visa or an F-1 student visa, do not hesitate to reach out to the Atlanta immigration law offices of Brownstein & Nguyen.

Filed Under: All Postings, Immigration, Immigration Law
posted on August 28, 2015 by

Have you Experienced Whiplash from a Car Wreck or Accident?

It is not uncommon to experience back or neck pain after being involved in a motor vehicle wreck, or car accident. Often, the unexpected impact that takes place in a vehicle collision can cause pain in the form of whiplash. The American Chiropractic Association states that whiplash is most commonly seen injury among people involved in motor vehicle accidents. Whiplash injuries involve the sudden acceleration and deceleration of the head in a car crash or other accident. The whip-like movement places tremendous force on the bony structures, tissues and nerves of the cervical spine, often creating micro-tears and other damage. For more information about these injuries, check out this research article.   

Signs of WhiplashAir Bag Deployment

Whiplash most commonly involves pain and stiffness in the neck. However, WebMD identifies the following symptoms:

  • Headache
  • Dizziness
  • Nausea
  • Difficulty swallowing
  • Blurred vision
  • Vertigo
  • Ringing in the ears

Experiencing a headache is the most common side effect of whiplash. The resulting headache is often felt at the base of the skull after experiencing the whip-like motion from a sudden impact, typically from a rear-end collision. It is common for individuals to first experience whiplash symptoms hours or even a few days after an incident, rather than immediately after the injury. Depending on an individual’s health and other circumstances, symptoms may not be felt for up to 2 to 48 hours after the injury. This delay in symptoms is not always understood, but may be compared to the delay in feeling sore muscles after working out or other physical exertion.

If you have experienced or are experiencing a nagging headache after a motor vehicle accident, or any of the other symptoms related to whiplash injuries, it is important to you see a medical professional as soon as possible.

If you have suffered a whiplash or head injury after a car accident, our Atlanta personal injury lawyers may be able to help. Contact Brownstein & Nguyen for a free consultation regarding your legal rights today!

Filed Under: All Postings, General News, Personal Injury
posted on August 21, 2015 by

ACT – Plan Ahead for Elder Care

According to the Alzheimer’s Association, nearly 60% of all nursing home residents suffer from Alzheimer’s or another form of dementia. With these rates, Special Care Units (SCUs) exist within many nursing homes and long-term care facilities to better meet the needs of this specific population.long term care

As families turn to nursing homes or skilled nursing facilities for the care of their loved ones, they are often faced with a myriad of decisions. The National Institute on Aging offers several tips for finding the right type of care facility for your loved one. The most important tips can be broken down to the acronym ACT.

A-Ask

It is okay to ask questions of potential care facilities and staff – a lot of questions. The quality and nature of the answers (or lack of good answers) will help inform your decision. Also, tap into existing networks of friends, relatives, social workers, medical professionals, and even clergy for suggestions. Chances are that someone you know has been through a similar situation with an aging loved one, and may be able to provide useful advice.

C-Call

Use the suggestions from family and loved ones to compile a list of facilities that are recommended. From this list, begin calling each facility. Think of all pertinent questions including location, care options, cost, quality, and available programs. Again, the more questions asked up front the better informed your decision will be. No one can foresee the future; all you can do is make the most informed decision possible.

T-Talk

This one involves face-to-face interaction that must take place with an actual visit to the facility. Ask residents and staff about the care. Chat with them about how well they enjoy working or living in the facility. Carefully observe the interactions between residents and staff while visiting. Does it seem that residents’ well-being is a priority, and that they are made to feel welcome and cared for? Finally, while meeting and greeting staff members, ask how long they have been with the facility. When key staff members such as the director of the facility, head of nursing, or food preparation seem to change often, that may indicate an issue.

Asking, calling, and talking are helpful in determining which options may be best in caring for an elderly loved one. It might also be helpful to consult with a lawyer familiar with cases of nursing home neglect or abuse prior to visiting a facility, and especially before agreeing to admit a family member. Atlanta attorneys Brownstein & Nguyen have years of experience dealing with the difficult situations that arise in cases of nursing home neglect and elder abuse. Contact Brownstein & Nguyen for a free consultation today.

Filed Under: All Postings, Elder Care/Malpractice
posted on August 14, 2015 by

Improper Use of Anesthesia: Past to Present

The medical field has come a long way. For example, if we take a trip through history to the nation’s first hospital in Philadelphia, Pennsylvania, one will find a historic operating theater. From 1804 to 1868, operations were performed there using only sunlight. During this time, before modern anesthesia, patients had one of three choices to reduce pain during surgery. The choices included partaking in opium, whiskey, or being hit over the head by a mallet to mask the pain of the surgical knife.

Fast forward 200 years, and modern medicine and operating standards have advanced significantly. Of course, this includes the practice of anesthesiology. However, even with the advancements in medicine and surgical practices, there are still risks involved.

Anesthesia Errors

When it comes to surgery, mistakes related to anesthesia can be even more dangerous than errors made during surgery. Such mistakes include the anesthesiologist failing to properly investicate the medical history of a patient for potential complications, or not informing a patient of the risks associated with the failure to follow preoperative instructions.

Additional anesthesia errors that occur during surgery may include:

  • Vital signs improperly monitored
  • Overdose of anesthesia
  • Improper placement of breathing tube in trachea
  • Use of defective or non-sterile equipment
  • “Waking anesthesia” (conscious while under anesthesia)

Any of the above errors could lead to a viable medical malpractice case. If you or a loved one have experienced the improper use of anesthesia during surgery, it is critical to consult with an experienced medical malpractice attorney to review your situation and to navigate the complex rules associated with medical malpractice cases. Contact the medical malpractice law offices of Brownstein & Nguyen today for a free consultation.

Filed Under: All Postings, General News, Personal Injury
posted on August 7, 2015 by

Back to School Drivers and the #itcanwait Campaign

Many schools in metro Atlanta opened their doors to students in early August. Among the high school students are those armed with a license to drive! In an effort to help steer students in the right direction, Students Against Destructive Decisions (SADD) is ramping up for September’s “It Can Wait” campaign.

It Can Wait

AtlantaThe campaign does not limit itself to students. It Can Wait applies to anyone behind the wheel of a car. With so many distractions in a vehicle, answering texts, emailing, searching the web, dialing numbers, and even using voice-activated capabilities only add to the dangerous mix. The It Can Wait campaign encourage drivers of all ages to remember that the text, call, email, or other task they want to do with their smart phone while driving a car can wait!

Why Is This Campaign Important?

Research shows that drivers engage in so many more activities while driving than just texting. With this data, it is critical to get out the message of stopping texting and other phone-related distractions while driving.

How can you get involved?

You can take the pledge to keep your eyes on the road at itcanwait.com. While there, you can also learn about helpful apps that help keep your eyes and attention on the road while driving to avoid the tragic consequences associated with using a smartphone or other device while driving. We owe it to ourselves, our loved ones and others on the road to stop the dangerous trend of distracted driving.

Filed Under: All Postings, General News, Personal Injury
posted on July 31, 2015 by

How Does the SCOTUS Ruling Impact Immigration Law?

Tattoo_withchildThe SCOTUS ruling marked a historic achievement for equality and same-sex marriage unions. The Supreme Court ruled that same-sex couples should have the same rights as their heterosexual counterparts. This decision applies to all Americans, which means that legal immigrants are also entitled to enjoy the benefits of the ruling.

Under the ruling, same-sex couples’ visa applications should now be handled like comparable heterosexual applicant proceedings. With this new ruling, American citizens can now sponsor their international same-gender partners. The Citizenship and Immigration Services Department can now legally recognize all couples, no matter their sexual orientation. The only limitation is in cases where the individuals involved are unregistered. CIS states that the restriction is eliminated when individuals involved get married and adjust their status. The only recognized marriage is to a legal citizen.

Under US 2013 rules, a citizen can sponsor their same gender foreign spouse with an immigration visa. Green cards are awarded to individuals legally married to American citizens. Visa applications are now blind to sexual orientation, and the SCOTUS ruling opened an opportunity for same-sex couples to apply for citizenship. Spouses will also benefit from green card lotteries and their partners can gain permanent residence status.

The SCOTUS ruling has resulted in several updates in the immigration law that will directly affect homosexual couples who have previously been prevented from applying for visas or green cards. For legal advice on how the SCOTUS ruling might impact your visa or green card application, contact us at Brownstein & Nguyen today.

Img via Wikipedia Commons

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

Construction Site Dangers

The Occupational Safety and Health Administration (OSHA) administers and enforces health and safety regulations in the workplace for most industries. Many of these regulations pertain to standards as they apply to construction, record-keeping, agriculture, and general industry.

Construction is a Dangerous Tradeconstruction work accidents

With construction once again booming in metro Atlanta, it is important for those involved in the construction industry to be aware of certain facts and figures regarding workplace accidents. There are four categories of fatalities that OSHA refers to as the “Fatal Four.” These include falls, being struck by objects, electrocutions, and “caught in between” accidents. The following statistics are a stark reminder of just how dangerous working in construction can be:

  • In 2013 828 or 20.2% of work related fatalities were in construction
  • The “Fatal Four” were responsible for 57.7% of construction related deaths
  • 478 lives would be saved with the elimination of “Fatal Four” hazards

Most Violated OSHA Standards

OSHA has identified 10 workplace safety standards that are most frequently violated. Among the top 3 are fall protection in construction, hazard communication in general industry, and the proper use of scaffolding in construction.

Duty to Have Fall Protection

Safety on the job site should always be priority one. When working on roofing, framing or other building structures, construction workers are commonly 2-4 stories up and sometimes much higher. A fall from this height would most certainly cause severe injury, if not a fatality. Fall protection as required by OSHA often includes the use of a harness and rope. Guardrail systems, safety net systems, and personal fall arrest systems are often used, as well.

Chemical Hazard Communication

The U.S. Secretary of Labor, Hilda Solis, stated: ““Exposure to hazardous chemicals is one of the most serious threats facing American workers today. Revising OSHA’s Hazard Communication standard will improve the quality and consistency of hazard information, making it safer for workers to do their jobs and easier for employers to stay competitive.” These standards have been updated, and there is now a global system in place to label and classify chemicals for more streamlined hazard communication. Images are used to help convey the various hazards associated with hazardous chemicals.

General Requirements for Scaffolding

Scaffolding use in construction has specific guidelines that must be followed. These include the capability of supporting at least 4 times the maximum weight of the intended load, use of counterweights on suspended scaffolds for balance, and direct connections to a floor or roof for non-suspended scaffolding. In meeting each of these requirements, there are additional standards for counterweights, suspension ropes, and other elements involved.

Maintaining compliance with all OSHA construction safety standards may not always be easy or cheap, but it is imperative when lives are on the line. Should you or someone you know be the unfortunate victim of a construction or work related accident as a result of OSHA non-compliance, contact our Atlanta personal injury attorney offices for a free consultation.

Filed Under: All Postings, General News, Personal Injury
posted on July 14, 2015 by

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.

Filed Under: All Postings, Business Law, Featured, General News
posted on July 7, 2015 by

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.

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