Asylum and the Waiting Game

The Wasthington Post shared that Vive La Casa, a temporary shelter for those seeking asylum, was on the verge of closing its doors as it struggled with debt. Fortunately, a local community health center was able to step in and take over services at the converted schoolhouse in Buffalo, NY with the help of a generous grant. While this may not mean much in the day to day life of average citizens, the services and shelter provided mean the world to immigrants seeking asylum or refugee status in Canada and the United States.

Asylum

The shelter acts as a temporary holding place for visitors from Ethiopia, Pakistan, Sri Lanka, Haiti, and other places who pass through the doors and hope for the chance of a better life. They may wait anywhere from a few days to a few weeks while paperwork is processed in their asylum case. Each morning Shelly Schratz, acting director of the shelter, knows the air is heavy with anticipation as those waiting look upon a list and eagerly search for their names.

That list, containing two-10 names, is scrutinized by all temporary residents in the shelter as they wait to see if it will be their day. They know that a name appearing on the list means they are one step closer to their road to freedom.

Of the morning ritual, Schratz shares, “I remember when I was in high school and I tried out for a play and I remember running to see if I had made the list, or the athletes running to see if they made the football team,” she said, “and I think to myself, oh my God, we take life for granted. There’s these people here and all they want is their name on that list, because it’s their life,” she said. “That list means, ‘we have a chance at our life.’”

While the Washington Post article concerns Vive La Casa in Buffalo, NY, the road to freedom is never easy one when seeking asylum anywhere in the United States. If you are in the Atlanta area and are waiting for your journey to begin, or have already started the process of seeking asylum, we encourage you to take the next step. Often, that next step involves having legal expertise and support on your side. Contact the immigration law offices of Brownstein & Nguyen for legal assistance with asylum and refugee situations.

How to Fail-Proof Your Business

Unfortunately, there is no surefire way to entirely fail-proof a business. As referenced in Forbes, the Wall Street Journal, Gallup, and countless other sources, small business failure rates range from 30-80% depending on the industry and length of time considered.

What Causes Businesses to Fail

Prevent Business DisputesWhile the actual percentage of businesses that fail varies according to industry and length of time in business, there are common threads of what causes businesses to close their doors. Gary Brownlee of the Indiana Small Business Development Center reported that the number one cause for a business’ demise was incompetence. Factors contributing to this cause included:

  • Overextending by living beyond the means of the income generated by the business
  • Poor planning
  • Emotional pricing products or services
  • Unpaid taxes
  • Inadequate information regarding financing requirements
  • Record-keeping skills below par for running a business
  • Uninformed decisions involving pricing related to the industry

These factors are preventable by making sound decisions and investments at the start of a business. Researching how to properly manage and maintain these factors is certainly one of the most important investments a small business owner or start-up can make. Specifically, when it comes to planning a business the old saying by Benjamin Franklin, “An ounce of prevention is worth a pound of cure,” is true. Imagine how much pain and heartache can be avoided with a little preventative maintenance up front.

Poor Legal Planning Leads to Business Disputes

As mentioned above, one a major contributor to business failure is poor planning. This includes not just business planning, but also legal planning. We have seen many small businesses fail as a result of disputes or conflicts between shareholders or partners. Hiring a qualified business attorney from the outset is one of the most sound investments that can be made in starting a business. Legal advice, well-conceived and thoughtfully drafted agreements, and proper documentation of the legal structure of a business will help prevent disputes or conflicts in the future.

If you are a small business owner, or considering starting a business, contact the experienced business litigation attorneys at Atlanta based Brownstein & Nguyen.

Retaliation Against Whistleblowing

Whistleblowers are often hesitant to report misconduct witnessed in the workplace.  This hesitancy can be evidenced in a national chamber of commerce report that delineates the percentages of whistleblowers who report being retaliated against.

Whistleblower Protection

WhistleblowingOSHA oversees the administration of many of the U.S. laws established to promote whistleblowing in the workplace and to protect employees who come forward to report criminal conduct, fraud, violations of laws or regulations and other wrongdoing by employers. The standard process in many situations requires a witness to timely file complaint forms with their employer and certain federal agencies.  The complaint process can be long and involved, and unfortunately there have been many instances of retaliation against a work place whistleblower. For more information on starting the process of reporting a claim involving your current employer or company, take a look at whistleblowers.gov. This website provides a lot of helpful information and has links to useful resources to help you better understand the process of filing a whistleblower claim with the government. It is important to remember, however, that an employee should always seek the advice of a qualified whistleblower lawyer before beginning the claim process.

Information to Be Aware of

Filing a formal complaint against your employer is not something to be taken lightly. Once the official complaint process has begun, it is permanently filed and cannot be retracted. Because of this, one should consider the following facts before initiating any whistleblowing complaint:

  • Forty-five percent of U.S. workers have observed some form of fraud or misconduct in the workplace. Most whistleblower cases involve a type of fraud that has been observed or witnessed first-hand.
  • Sixty-five percent of individuals who witnessed wrongdoing in the workplace reported the misconduct. OSHA’s protection program mentioned earlier in this article is usually the starting point for most whistleblowers who wish to start the process of filing a work place complaint.
  • Most employees who failed to report wrongdoing at work indicated they did so out of fear of retaliation. Reports indicate that retaliation against whistleblowers is more prevalent today than ever before. That is why numerous federal laws affording whistleblower protection exist to enable employees who learn of misconduct or possible fraud to come forward and report.

Today’s commerce statistics indicate that management-level employees are more likely to be the subject of whistleblower retaliation than non-management employees. This could be due to management’s higher level of access and knowledge about a company’s financial and legal affairs.

Legal avenues are in place to prevent and combat retaliation against whistleblowers, including the OSHA complaint process. Brownstein & Nguyen are Atlanta attorneys experienced in whistleblowing and employment law situations. Contact the law offices of Brownstein & Nguyen to learn more about reporting fraud and wrongdoing in the workplace and how to protect yourself from retaliation in whistleblowing situations.

National Drunk and Drugged Driving Month

A personal injury attorney is often asked for help with injury claims after a traffic stop involving drunk or drugged driving. National statistics indicate that this type of impairment results in car crashes more often at night than during the day. On weekends, fatal crashes are more often related to drunk or drugged driving than other types of traffic accidents.  Statistics on this subject indicate that more than thirty percent of drivers involved in serious traffic incidents are alcohol impaired.

Personal Injury Claims

Emergency LightsA personal injury case is managed by a personal injury attorney, who investigates the matter, handles insurance claims, and, if necessary, files and prosecutes a lawsuit in court to recover just compensation for an injury victim. The following information is important for potential legal claims following any traffic accident:

  • Sadly, drunk driving is a national epidemic. A motor vehicle crash involving an impaired driver and injuries typically leads to a personal injury claim handled by a personal injury lawyer.
  • A personal injury lawyer can help determine liability in a motor vehicle accident or wreck case, based on available information and evidence. Sometimes the attorney will use the services of an accident reconstructionist. Who is at fault needs to be quickly assessed in order to meet specific statute of limitations rules that apply in each jurisdiction.
  • The proper and full amount of damages incurred by an injured party must be determined as part of any insurance claim filed with the at-fault driver’s liability insurance carrier or in any lawsuit filed in court. An experienced personal injury attorney is trained to build and document a case for damages.
  • The amount of compensation paid to the victim of motor vehicle negligence varies with the unique circumstances of each situation. Remember, just as no two people are exactly alike no two cases are either.

Fault in Personal Injury Claims

In most vehicle wreck cases, there will be an accident or incident report prepared by a police officer, indicating who the officer believes to be at fault and if that person has been charged with a traffic offense. However, in most cases the criminal charge is not admissible in a personal injury lawsuit, which is a civil matter. Some jurisdictions, such as Georgia, have modified comparative negligence laws that may be applied. This means that each party to a motor vehicle incident may be assessed a percentage of fault. The amount of fault assessed by an automobile insurance carrier or jury is adjusted according to the evidence, and determines the amount of damages each party might be responsible for.

Atlanta personal injury attorneys Brownstein & Nguyen are experienced in handling serious personal injury claims following impaired driving crashes. Driving while intoxicated or impaired is illegal, and drunk and drugged driving can carry severe consequences including felony criminal charges depending on the injuries caused. At Brownstein & Nguyen, we hope that all drivers (and passengers) drive and ride safe this holiday season!

Shoes are not just laces; contracts are more than paper

Nike and Adidas are fierce competitors in the world of athletic gear. Like no other companies, they understand design, marketing and strategies needed to gain and keep market share as the top athletic gear providers in the world. For these industry giants, shoes are much more than rubber and laces, and contracts are much more than just paper – they are important business assets. Given the news of the recent lawsuit filed by Nike against three of its former design employees, employment agreements are especially important in the ultra-competitive area of apparel design employment.

Employment AgreementIn a 50 page lawsuit filed in the Circuit Court of the State of Oregon, Nike claims that Denis Dekovic, Marc Dolce, and Mark Miner are in breach of their employment contracts with Nike. After the three designers ended their employment with Nike, they went to work for the apparel brand’s arch-rival Adidas. In addition to breach of contract, Nike alleges that the three are also guilty of breach of duty of good faith and fair dealing, breach of duty of loyalty, misappropriation of trade secrets, tortious interference with current and prospective contractual and economic relations, fraud in the inducement, conversion or replevin, and civil conspiracy. In all, Nike is seeking up to $10 million in damages as a result of the allegations.

While only time will reveal the outcome in this lawsuit, there are two important reminders for employers and employees to take away from the situation. What are those reminders? The first is simple – careful reading. A contract should always be read closely; it should not be simply skimmed, scanned, and signed. The provisions and language in many non-compete agreements that apparel designers, software engineers, doctors, and numerous other professionals are asked to sign are complex. It is best to have an experienced business and employment lawyer read through these agreements to make sure that all the provisions are thoroughly understood and agreed to before signing.

shoes and paperSecond, is careful consideration. An agreement must be fully digested and understood before entering into a contract for employment. When agreeing to work for a company, it is important to remember that no one can predict the future. And while, thinking through the scenarios of “what if” may not be pleasant, it is vitally important to consider multiple scenarios as they may play a role down the road. For example, what if you sign an employment agreement containing a broad non-compete and you later have to relocate due to your spouse’s job. Would the non-compete agreement restrict your ability to work under those circumstances? This is but one example of numerous factors that are worth considering as you seek legal counsel in an effort to fully understand an employment agreement so that you will not find yourself facing a breach of contract lawsuit.

If you are in faced with signing an employment contract and would like the legal expertise necessary to sign your agreement with confidence, contact the experienced Atlanta business lawyers at Brownstein & Nguyen. Likewise, if you are a business owner in the process of recruiting talent to fill positions in your Atlanta start up or small business and want to make sure your company’s non-compete agreement is legally binding, please contact our business law offices today.

What is Whistleblowing?

Type define: whistleblower in a browser’s address bar and Google returns the definition of “a person who informs on a person or organization engaged in an illicit activity.” A graph indicates the increased prevalence of the term, which shows:

Prevalence of use of Whistleblower in the media

Prevalence of use of whistleblower in the media. Graph via Google

Clearly, the use of the term “whistleblower” has grown tremendously in recent years as more individuals have come forward to expose criminal conduct and wrongdoing by their employers. The Whistleblower Protection Act of 1989 has played a role by offering necessary legal protections for those who come forward. There is even a list of known whistleblowers published on Wikipedia. All of this shows that individuals are willing to step forward and speak up when they observe unlawful or improper activities in the workplace.

Whether you work for a private employer or a government agency, there are laws in place to protect you should you decide to blow the whistle on your employer. Visit whistleblowers.gov to read more on the Whistleblower Protection Programs. This OSHA FactSheet is also a helpful resource in identifying your rights as a whistleblower. Additionally, the National Whistleblowers Center offers support as a non-profit, non-partisan organization with the stated mission of promoting “Honesty without fear.”

If you are aware of criminal conduct or fraud by a healthcare provider, employer or government contractor, then it is important that you know your rights as a whistleblower. We encourage you to call our Atlanta law offices for support and guidance in a whistleblowing situation. Jay Brownstein has over 25 years of experience in complex legal, business and employment matters, and is able to expertly guide individuals faced with delicate whistleblowing decisions and serious implications. Call us today at 770-458-9060 for a consultation.

Breach of Contract

With a population of just under 4,000 in the 2010 U.S. Census, the Village of Chester in New York is a quaint historical community. Since 2005 a developer has been trying to bring a new housing development to the Village. According to the developer, BT Holdings, this would mean new jobs, a tax windfall, and more housing for seniors, empty nesters, young couples, and families. But the development has been stalled for nearly ten years due to a zoning battle that has cost the developer $2.6 million pursuing approvals for the project .

Breach of ContractIn November 2014, the Village of Chester once again denied zoning for the development. After this last denial, BT Holdings filed a lawsuit against the village claiming a breach of contract. The attorney representing the village maintains that “[n]o breach had occurred because the village had signed no agreement with BT Holdings.”

The key issue in the case will be whether or not an agreement was reached between BT Holdings and the village regarding approval for the development. Although no written agreement was signed, the developer will try to prove there was an oral or implied agreement. While in some cases oral contracts are legally enforceable, they can be difficult to prove. It is highly recommended that anyone entering into a business transaction of any sort should have a written contract drafted and negotiated by a business attorney.

In any case involving a breach of contract that is proven, there are three main legal remedies that might apply: damages, rescission, and specific performance.

Damages

When a breach of contract takes place, it is possible for one party to seek compensation for financial harm or damages that may have occurred as a result of the breach. Damages typically may only be sought for definite losses, as future losses can be speculative and not easily determined. Examples of definite damages that may be claimed include actual out-of-pocket business expenses, legal expenses, and lost wages or revenues related to the breach of contract.

Rescission

When a court determines that rescission is the appropriate remedy for a breach of contract, the original contract is rescinded. If the contract is canceled, the law will serve to return the non-breaching party to their original position as if the contract never existed. This may result in the return of compensation paid by the non-breaching party.

Specific Performance

In some cases, a court will require that certain duties required under the contract be performed by the breaching party. While not applicable in all cases, specific performance may apply where monetary damages for a breach are inadequate to completely restore the party seeking to enforce the contract. One example in which specific performance might be required includes the sale of real property for an agreed-upon price.

When a dispute arises involving a contractual agreement, it is best to seek legal support from an experienced business litigation attorney. The attorneys of Brownstein & Nguyen will meet with you and determine if a breach of contract has occurred, and advise you regarding your legal rights and the best course of action to take. Our Atlanta business lawyers have a proven track record of reaching the best possible results in contract dispute situations. Contact Brownstein & Nguyen for your legal business needs.

Owning a Small Business-Are You Compliant?

HR compliance concerns for small businesses

Small businesses owners often neglect equally important legal affairs when they focus on the main aspects of their business. One of the key neglected areas is Human Resource management and legal compliance. Considering that HR deals with other people’s affairs, there are numerous federal and state laws that impact the employer-employee relationship. Over the years, these business laws have grown to regulate businesses as well as to protect employees. Here are highlights of key compliance areas that deserve attention from business owners.

WLitigationorkplace litigation

Various laws and government agencies focus on workplace discrimination, including discrimination based on race, ethnicity, gender and sexual orientation. A small business owner needs to have in place mechanisms and policies designed to prevent discriminatory practices in the workplace. Doing do is a first step in avoiding potentially costly wrongful termination and discrimination lawsuits. The legal costs and distraction associated with such cases can cripple, or even be fatal, to a small business. In addition, small business owners should provide extensive training for management on employment discrimination and harassment.

Compliance with Benefits Laws

Many federal and state laws and regulations govern employee benefits including health, disability, life and other insurance benefits as well as retirement plans. These laws and regulations are complicated, and can create a serious compliance headache for small business owners. Even managing benefits for a small number of employees requires expert advice and guidance. Business owners who offer benefits to employees must comply with numerous requirements including government filings, test conduction, and provision of required notices and documents to employees.

Expert guidance

One point of distress for small business owners is the combination of managing all of these tasks. Often, the owner, especially during the start-up, is the manager, human resources manager, sales executive, and customer service representative. A small business owner should focus on the main business elements such as sales and management. As a result, human resource issues often take a back seat. However, with HR often requiring expensive training for proper execution, it is important that it does not take a back seat. While the HR generalist may attend to basic human resource responsibilities, full compliance requires a solid understanding of labor relations, information systems, compensation and benefits, training, and staffing. Limited training is not an excuse when the small business owner is facing litigation due to non-compliance.

The Atlanta law offices of Brownstein & Nguyen are experienced in assisting small business owners with their legal responsibilities. Contact business litigation attorney Jay Brownstein for a consultation today regarding your small business concerns.

Why are Medical Costs so High?

If you have ever found yourself sifting through medical bills that seem overwhelming, you are not alone. This is frequently true when trying to make sense of the costs associated with an emergency room visit. After all, no one plans a visit to an emergency room.

medical billsWhen faced with expenses that seem unreasonable, it is important to consider factors that might offer some sort of explanation as to why medical costs are so high. A blog in the Washington Post discussed a recent Rand Corporation study exploring the purported relationship between healthcare costs and medical malpractice.

Is there a connection between healthcare costs and medical malpractice?

The theory behind medical malpractice or “tort reform,” advanced in recent years by the insurance industry and special interest groups, is that physicians order unnecessary tests to protect themselves from the risks associated with medical malpractice. This is sometimes referred to as “defensive medicine.” The theory begs the question:  are all diagnostic tests ordered in emergency care medically necessary? The question is admittedly complicated, given the urgent nature of medical care provided in emergency rooms. Medical personnel must be able to rule out certain causes of symptoms for patients that they may not have a complete medical history of. Still, the question remains whether all tests are required for care, or if some (or many) tests are performed only to protect doctors from lawsuits.

The New England Journal of Medicine recently published an article regarding the Rand study, titled The Effect of Malpractice Reform on Emergency Department Care. The study compared costs associated with emergency patient care in states that have passed laws making it more difficult for patients to sue their doctors for negligence, compared to states without similar laws. The results of the study show that strict medical malpractice laws have made little difference in the spiraling cost of medical care. The study therefore goes a long way towards debunking the theory that the fear of lawsuits is the driving force behind rising healthcare costs.

While some individuals battle with a sea of bills, others are left sifting through a sea of research and data to determine how care has become so expensive. While defensive medicine may not play a role, perhaps more important is the connection with healthcare billing fraud. More information can be found regarding fraudulent billing of Medicaid and Medicare in the Primer on Whistleblowing in Healthcare , co-authored by Brownstein & Nguyen attorney Jay Brownstein. If you suspect that your medical expenses are unreasonable as a result of billing fraud or overbilling, contact our trusted Atlanta attorneys for a consultation about healthcare whistleblowing. Brownstein & Nguyen’s Georgia lawyers are experienced in handling complex litigation matters and have represented and consulted with clients in whistleblower cases.

The Sound of Music and Real Life Immigration

The Sound of Music is not only considered one of the best musicals of all time – it is also one of the most famous stories of one family’s struggle to leave oppression behind for a chance at freedom and a new life in the United States. The movie hit the silver screen in 1965, and grossed over 280 million dollars. While this beloved family classic leaves many viewers singing and humming the catchy tunes, it may not be an entirely factual account of the Von Trapp family’s story (the move is loosely based on “The Story of the Trapp Family Singers” written by Maria von Trapp, the character played by Julie Andrews).

Family MemoriesFor a deeper look into the facts about the von Trapps, there is an excellent article in the National Archives publication, Prologue Magazine. The article, The Real Story of the von Trapp Family, identifies many of the truths that were not accurately captured for the Hollywood version of the story. Those differences aside, we do know that the von Trapp family left Austria to escape the Nazi regime and made the journey to the United States in search of a better life.

The National Archives holds U.S. court and Immigration and Naturalization Service documents relating to the von Trapp’s family pursuit of citizenship in this country. Those original documents might offer a glimpse into how complex and involved the process of becoming a United States citizen was in the past. But this also remains true today, as citizenship involves a complicated process fraught with the possibility of making costly mistakes. It can be so complicated that, in many cases, having qualified legal assistance at your side is essential to the success or failure of a citizenship application.

While the von Trapp family story is true, the reality of becoming a legal permanent resident or citizen of the United States is not as quaint or care-free as it might appear in the movies. Brownstein & Nguyen has represented thousands of individuals and their families seeking to make the United States their permanent home. Knowledge of complicated immigration laws and how to correctly navigate the maze of paperwork and procedures while avoiding pitfalls in the process of obtaining green cards, temporary visas, citizenship or permanent residence is something our Atlanta immigration attorneys have decades of experience in. Our Atlanta law firm is here to help make your dreams become a reality. Contact our offices at 770-458-9060 or fill out our Case Evaluation form today so that we can help you achieve the American dream.