posted on June 19, 2015 by

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.

Filed Under: All Postings, Featured, General News, Immigration, Immigration Law, Immigration Reform
posted on June 12, 2015 by

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.

Filed Under: All Postings, Featured, General News, Personal Injury
posted on June 9, 2015 by

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.

Filed Under: All Postings, Featured, General News
posted on May 29, 2015 by

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.

Filed Under: All Postings, Featured, General News, Personal Injury
posted on May 22, 2015 by

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.

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

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.

 

Filed Under: All Postings, Elder Care/Malpractice, Featured, General News
posted on May 8, 2015 by

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.

Filed Under: All Postings, Featured, General News, Immigration
posted on April 30, 2015 by

Automobile Accidents in Atlanta

Unfortunately, car accidents happen every day. A majority of personal injury claims in the U.S. are the result of accidents involving a truck, car, or other motor vehicle. In Atlanta GA, during 2006 alone there were 130,912 injuries related to motor vehicle accidents.

Atlanta Auto InjuryWhen you’ve been involved in a car accident, you may need to hire a personal injury lawyer. Car accident lawyers can help you recover losses that incur from motor vehicle accident. Whether the injury is minor or more serious, you will need a lawyer to fight for the compensation you need to rehabilitate and to reimburse you for medical expenses, lost wages and other financial losses.

Accident lawyers can negotiate the red tape and legal procedures, shoulder the hefty amount of paperwork, and help manage many of the hassles associated with car wreck insurance claims. These problems only get worse if you are injured in a motor vehicle wreck.

Who Should You Hire?

Finding a lawyer to work on your behalf, however, can be a daunting task. Who can you trust, and how do you find them?

When looking for a personal injury accident attorney you should focus on the lawyer’s experience and commitment, as well as location and convenience. For example, your personal injury attorney should be well versed in personal injury law, transportation law, insurance law and dealing with insurance companies, and know how to properly prepare and settle a case like yours. Check each attorney’s background, track record, and references. Referrals from friends and family are a good place to start when looking for a lawyer. Online is another good resource, but make sure to check reviews for each lawyer you are considering. There are also several directories with lawyers that are quality-assured. Look at these and other sources to find a lawyer who can best help if you or your family has been injured in a motor vehicle accident.

The lawyers at Brownstein & Nguyen have an excellent track record, knowledge of the law and the experience to assist with personal injury, automobile accident, and truck wreck cases. We know how difficult it can be if you’ve been injured in a car or truck wreck, and we do everything we can to make the process easier. Use the contact form to the right to schedule a free consultation today.

Filed Under: All Postings, General News, Personal Injury
posted on April 25, 2015 by

Investment Fraud Basics in Atlanta GA

Investing always involves some risk. Unfortunately, the safest investments generally pay the smallest returns, while riskier investments pay the highest returns. Financial professionals will tell you that successful investing requires a full understanding of not just the potential rewards of an investment but all of the risks, as well.

Investment advisors are required to fully spell out the risks involved in a particular investment so you can make an informed and educated decision. They are also required to tailor your investments to your financial situation, and insure that you are investing in suitable investment vehicles. Unscrupulous advisors often will hide or skim over high risk details to take advantage of clients and generate fees for themselves.

Even the most trustworthy investment brokerage and other financial companies can have brokers or advisors who “churn” accounts by excessive buying and selling to run up commissions, or place clients in unsuitable investments. The savviest investor can be treated improperly, even at high end brokerage firms.

In addition to navigating the risks of legitimate investments, investors looking for good returns can also can fall prey to Ponzi schemes and other fraudulent investments. Perpetrators of these schemes often lie about the true nature of the investments, including risks and potential returns. Often, schemes are designed to bring in investor money with no intention of safeguarding or returning it.

Recently, a number of Atlanta investors lost millions of dollars in a fraudulent real estate investment.  These so called “reins,” or real estate investment notes, sounded like legitimate investments, but were in fact entirely fake.

Unfortunately, many financial scams appear valid and lucrative on the surface, enough to fool even educated investors. Creative scammers constantly invent new investment schemes to con unwary investors. Early investors may receive good returns, making it more difficult to uncover the truth before its too late. When a fraud unravels, almost always without warning, victims typically face the total loss of their investments.

If you have been harmed by a fraudulent investment, the experienced business fraud legal team at Brownstein and Nguyen can help you recover your losses. Our attorneys have recovered millions of dollars for drefrauded investors in the Atlanta area.

Brownstein and Nguyen wants to protect investors and can help you recover from improper financial dealings. Fill out our contact form on the right side of this page for more details regarding your possible case.

Filed Under: All Postings, General News
posted on April 10, 2015 by

Distracted Driving in Atlanta

Many people believe that using a hands-free dash mounted device or earpiece while driving is safer than using a traditional hand-held cell phone. In fact, the National Safety Council (NSC) has found that “[e]ighty percent of American drivers believe hands-free devices are safer than using a handheld phone.” However, during April’s Distracted Driving Awareness Month the National Safety Council is undertaking a public education campaign to share research proving the brain is still distracted from driving while engaged in a hands-free conversation.Distracted Driving Accident

This is definitely something that everyone needs to be aware of. In 2013, over 3,100 individuals were killed in distracted driving crashes. In addition to fatalities, numerous critical and serious injuries associated with distracted driving occur each year. Common injuries from such crashes include broken bones, spinal injuries, and back and neck pain as a result of whiplash.

Commit to Safe Driving

The NSC suggests that all drivers commit to stepping beyond making the commitment to drive hands-free, and instead commit to driving cell phone free. The NSC #callskill campaign covers three important points for drivers to keep in mind when committing to refrain from cell phone and device use while driving:

  1. Eyes on the road

  2. Hands on the wheel

  3. Mind on driving

Unfortunately, because distracted driving is the cause of so many fatalities and serious injuries 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. Atlanta personal injury attorneys Brownstein & Nguyen are experienced in representing automobile and truck accident cases in the Atlanta area. With over 20 years of personal injury representation, the reviews and testimonials of Brownstein & Nguyen speak for themselves. Contact the personal injury lawyers at Brownstein & Nguyen at (770) 458-9060 for a free review of your case.

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