Legal Law

10 unknown facts about Bobby Jones

Here is a list of facts about Bobby Jones that most golf enthusiasts probably don’t know:

1.) Jones had a very violent temper that sometimes got out of hand early in his golf career. He threw a stick in the 1916 US Amateur and hit a woman in the leg with another mid-air bite at the 1921 event. In fact, the USGA president at the time, George Walker (great-grandfather of George W. Bush ) told Jones that he would never play in a USGA event again unless he could control his temper.

2.) Jones had a lot of problems early on that kept him out of a few majors, 11 to be exact, for which he was eligible. Problems such as family and school, interruptions at work and lack of money. Despite these obstacles, he managed to win 13 of the 21 majors he entered between 1923 and 1930.

3.) “Big Bob” Jones, as his father was known, joined the Atlanta Athletic Club in 1902, the same year Jones was born. In 1908, the six-year-old played his first round of golf and just a few months later he won the first tournament he entered. He served on the club’s board of directors from 1928 to 1947. In 1971, before he died, he successfully petitioned the USGA to allow the club to host the 1976 US Open.

4.) Jones was addicted to education. He earned a degree in mechanical engineering from Georgia Tech in 1922 and an English literature degree from Harvard in 1924. In 1926, he entered law school at Emory University. He passed the Georgia bar exam when he was in the middle of the program, and joined his father’s law firm in 1928. During these years, he earned eight majors.

5.) Jones worked hard to get a varsity letter from Harvard, eventually earning one as assistant manager of the golf team, several months before winning his first US Open. Jones was not eligible to play at Harvard because he had played at Georgia Tech.

6.) He played hard at the Masters. He played it 12 times from 1934 to 1948 and it never broke. He shot a practice round 64 in 1936 and his worst round was a nine over par 81. How ironic to see how he co-designed the course, along with Alister Mackenzie.

7.) Contrary to popular belief, Jones did not have a lot of money. He and his family had to move into his parents’ house for three years in the 1920s. He skipped many British races because he didn’t have money for the trip. In fact, his 1930 Grand Slam was made possible in large part because he was the Walker Cup captain and the USGA paid for his trip to Britain.

8.) He retired from golf in 1930, and at the same time, Warner Brothers paid him $120,000 to make How I Play Golf, a series of movies you’ve probably seen advertised late at night for sale on DVD. He also made some money designing spalding sticks. He spent most of the last two decades of his life battling syringomyelia, the neurological disease that left him paralyzed.

9.) Bobby Jones was not what you would call a very loving father. In fact, in 1959, his son, Bobby III, in his quest to win a US Amateur (and qualify for the Masters), faced 19-year-old Jack Nicklaus, and recalled that his father stayed home because he decided not to It was like that. it’s worth a trip to Colorado just to watch him play a game. Thanks for the support dad. Oh!

10.) In 1942, at the age of 40, Jones volunteered for the Army. He was commissioned as a captain in the Army Air Corps and trained in intelligence surveillance. He went abroad and interrogated German prisoners, despite having virtually no knowledge of the language. Any comments or facts that he would like to add? See you on the blog side.

Legal Law

Top 5 reasons cybercrime is ruining the internet

Following Microsoft’s launch of its new Cyber ​​Crime Center, now would be a good time to discuss the need for such a center and why the future of the Internet looks bleak without it and similar labs.

In a nutshell, the center is a multi-disciplinary task force that has been assigned the unenviable task of providing high-level policing against cybercrime or nipping criminal activity in the bud. Security engineers, digital forensics experts, and lawyers are working together to stop alarming trends including cyber fraud, cyber extortion, and cyber bullying.

Let’s take a look at why this Center was established and the main reasons why, if left unchecked, cybercrime could threaten the foundation of the Internet and the widespread communication it has brought us.

1. Temptation. As the years go by, more and more people are on the Internet. It provides a fast and international way of communication. As more people see that they can “hide” behind your device, the greater the temptation to try something criminal. It’s very easy to lie to someone when you can’t see them. This is a recipe for disaster.

2. Trust. The more people who have been duped through Internet crime, the more likely the average person will start to stay away. This is not what those who are developing viable and up-to-date technologies want to see. However, as is often the case, the few (but increasingly) ruin it for the many.

3. Hack mania. The culture of “hacking” has become a competitive nightmare. The so-called “smart” culture has become a race to be the smartest. This doesn’t seem to be slowing down. Hacking, in many cases, is nothing more than a low-level curiosity.

4. Laws that cannot be updated. The Internet started about 30 years ago. It was the wild west. It’s still the wild west. Technology moved beyond existing laws. Basically, there were no laws for anything like the Internet. Legislators have tried to address this, but when you fall behind, it’s very difficult to catch up in this type of game.

5. No deterrence. For example, it might seem like fun to a 12-year-old to waste time hacking into bank information or stealing money from credit cards. He rides his bike home from school. Get’s on his laptop at home and does his thing. So he steals money from a 6-year-old retired grandmother, who lives thousands of miles away, secretly thinking, “Wow, so easy and who’s going to catch me?” reality of her transgression because she lives in a virtual world. Until something is done to force a return to a world of reality, it is clear that this type of offense may become the norm rather than the exception. These people have not only taken away the livelihood of others, they have made a complete mess of one of the greatest discoveries on this planet.

The Internet is a beautiful tool, when used correctly. Hopefully the Cyber ​​Crime unit can help curb unwanted activity, and we’ll all have a safe Internet experience for a long time to come.

Legal Law

A dozen ways to improve your speaking

For years I have enjoyed listening to speakers of all kinds, trying to identify what makes them successful. Many preachers have developed their skills to the level of the fine arts, such as Charles Swindoll or Joyce Meyers. With rare exceptions like President Barack Obama or, depending on the event, Sarah Palin, civic and political leaders often lag far behind religious leaders in polish and presentation. Whoever they are, leaders would do well to always work to improve their communication skills.

Here are some handy nuts and bolts:

Speak. The first law of communication is to communicate, so if you want people to get the message, share the message. And you must speak in as simple a vocabulary as possible, and in a way that others can understand. Don’t do what some teachers try to do, impress the audience with multi-syllable words. doesn’t work. When the crowd goes home, the only thing they remember is your arrogance. Jesus said: “I am the way, the truth and the life. No one comes to the Father except through me” (John 14:6), there is nothing simpler than that.

Don’t apologize for talking. It’s one thing to hear an infrequent speaker offer a flustered apology on the church platform; it’s quite another to hear this from a leader. If talking makes you nervous, get over it or find another job. Your apology for being uncomfortable makes everyone else feel uncomfortable. The more comfortable you feel “in your own skin”, the more comfortable your audience will be with your presentation.

Convey confidence. Take ownership of the opportunity to speak and treat listeners with respect. Say “Thank you,” but don’t say it enthusiastically. Do whatever it takes to build your confidence: prepare properly, practice, use notes, etc. Stand physically relaxed and avoid signaling nerves with awkward gestures or awkward movements.

Connect with the audience. Smile. Look directly at people individually and collectively. Scan the entire audience in a natural, measured way so everyone feels like you’re talking to them. On the road or at the event, keep an eye out for a development unique to the occasion, then mention it at the start of your talk. Former presidential candidate Gary Bauer is a master at this. Each time, in the dingy old high school auditorium or the Waldorf Astoria, he finds something to say that is distinctive and complementary to his listeners and his place. Get to know your audience and engage directly with them, their city or your event today. Make them feel special, which is why comedians walk offstage saying, “You’ve been a great audience.”

Come up with some appropriate one-liners that will work anywhere. The old witty phrases, with which you feel comfortable, are always there for you like a good friend. They reduce your anxiety, help you convey confidence and connect with the audience, and help engage the audience and help them relax. One of my favorites goes something like this: “I always wanted to speak at XYZ. (brief pause) I guess now I can die happy.” He never stops laughing.

Never read your speech. It may be appropriate to read a short formal announcement or a reference to someone else’s statement. But reading your content is the fastest way to lose your audience’s attention, put them to sleep, or literally lose them while voting with their feet going out the back door. I once sat in the gallery of the Michigan Legislature to listen to Governor John Engler deliver his State of the State address. While I appreciated him and most of his ideas, I struggled to stay focused as he plodded through line after line. You can guess what the opposition party was doing. To the governor’s credit, he improved over time, according to some of those close to him, with professional help and practice. Good for him. Good for his constitution.

Be brief. FDR “Be sincere; be brief; sit down” is a good rule of thumb for any speaker. In November 1863, Edward Everett delivered the keynote address at the groundbreaking ceremony for a new military cemetery at Gettysburg, followed by President Abraham Lincoln’s “Gettysburg Address.” Everett later wrote to Lincoln: “I should be glad if I could take pride in having come as near to the thrust of the occasion, in two hours, as you did in two minutes.”

Tell stories. Jesus usually spoke to crowds of followers in parables, which are short stories from everyday life that contain an application of deeper spiritual truths. While over thirty parables are recorded in the Gospels, the book of Mark says that Jesus used many other parables in his public speaking ministry. In fact, he “did not tell them anything without using a parable” (Mk 4, 33-34). People are interested in people and that’s what the best stories of a leader should be about.

List core values ​​and/or set goals clearly. Put your values ​​and goals into every important presentation. Why? Because an important way to motivate people is to make sure they know where they’re going. Values ​​and goals are an integral part of a vision statement. Share them, or better yet, embody them as a leader. Lead by example.

Be positive. “Negative campaigning” has long become a commonplace in American life. But a leader is better off taking the right path. Ronald Reagan gave us a version of this, his 11th Commandment: “Thou shalt not speak ill of any fellow Republican.” Describe who you and your organization are, not who others or your competitor organizations are not. Being quoted in the media with a sound attack on others has more to do with ego or revenge than with advancing your organization’s vision. No one follows a flamethrower for very long. The heat is too intense.

Use props to reinforce, not replace your speech. PowerPoints, short videos, images, audio, and other technologies can be hugely effective tools for engaging your audience. But you’re still the speaker, and for my money, you need to talk. No medium has yet been developed that is as convincing as a passionate person who truly believes what they say. Use accessories wisely, but don’t forget the natural power to “unplug.”

Use your same (best) vision speech repeatedly. Leadership expert Barry Z. Posner’s formula for good visual communication: “Repetition, repetition, repetition!” Richard Nixon put the point more colorfully: “The moment you’re writing a line that you’ve written so often you want to throw up, that’s the moment the American people will hear it.” Communicate the vision persuasively and persistently on every possible occasion. And don’t worry if you share the vision too often. Management consultants Thomas Werner and Robert Lynch recommend that leaders communicate their vision 7 times in 7 different ways. I’d say a lot more often than that.

These articles are suggestions born from experience, not rules. Some will apply all the time. Some will apply sometimes. It’s your idea to call.

You are the leader. Lead with his words.

Legal Law

Nationwide Trucking Shortage…Who Wants to Be a Trucker?

Midwest, United States. – The US unemployment rate is below 4 percent right now. In many states that number is considerably lower. The low unemployment rate is great for the economy, but it’s wreaking havoc on the trucking industry looking for truck drivers and jobs that require a commercial driver’s license (CDL).

Trucking industry expert James Walker says low unemployment opens up more job opportunities for job seekers. Unfortunately, it also detracts from the number of CDL drivers on the road.

“All the Baby Boomers are retiring or lifting pallets. Since this industry requires a lot of travel, it keeps a lot of people from wanting to become truckers,” Walker said.

In the Midwest, the city recently caught a waste management company for falling behind on garbage collection. The company said it needed more drivers to fill its routes and began offering hiring bonuses. As the global economy has strengthened, the demand for trucks to transport goods has outstripped the supply of drivers, leading carriers to charge higher rates and companies to raise product prices, in some cases up to 20%.

Other companies nationwide are dealing with late deliveries. The driver shortage has been building for some time, younger generations have shown less interest in the industry and wages were not comparable for hours away from home. Driver burnout is also a problem faced by large fleets; turnover increased at an annual percentage rate of 95 percent last year, according to the latest figures.

According to the American Trucking Associations, the country is facing a record shortage that needs 50,000 drivers to meet current demand.

Many companies now offer great login bonuses as an incentive. However, instead of solving the shortage, most drivers simply jump from one company to another.

Darren Hawkins, CEO of one of the nation’s largest freight carriers, YRC Trucking, said the severity of the shortage means we need to make it easier for women, youth and minorities to get to CDLs. “There is an industry problem, and that is we have to do a better job of attracting new people to the driving occupation, previous audiences that we haven’t reached,” Hawkins said. “Right now, the American Trucking Associations say we’re short on tens of thousands of drivers, and those numbers are going to continue to grow. So we have to open up other pieces.”

Facing a record shortage of drivers, trucking companies “are adjusting because they have to,” said Kevin Reid, founder of the National Minority Trucking Association. “The industry hasn’t focused on recruiting and retaining the next generation,” Reid said. “Trucking is an industry that needs a rebrand. There was a cool factor for trucking in the 1970s and 1980s. We don’t have that now, so the question is, how are we going to get there? next generation of truckers?

Kristina Jackson, a 22-year-old African-American truck driver living in Raleigh, NC, is exactly the kind of person the trucking industry wants to attract. After graduating from college, she wanted a job that would allow her to travel and be financially independent. She never considered trucking until her boyfriend’s father, a truck driver, encouraged her to try it.

A year into driving, he is constantly reminded that he is an outlier in the industry.

“When people found out I was on trucking, they were shocked at my gender and age,” she said. “The first thing you think of is an old white man. People say to me, ‘You don’t look like a trucker. I say, ‘What’s a trucker like?'”

Ms. Jackson believes more young people could be easily persuaded to join the industry, adding that she personally recruited 10 of her friends in their twenties. But she thinks recruiters have so far done a poor job of showcasing young truckers in the industry.

“When people think of truckers, they don’t see our faces,” Jackson said of young drivers.

Women and minorities make up only fractions of the overall trucking population: 94 percent of drivers are men and two-thirds of all drivers are white, according to a 2017 report released by the American Trucking Associations.

There are solutions to the CDL shortage.

One of the solutions to help with the shortage would be to allow drivers between the ages of 18 and 21 to cross state lines. Currently, drivers ages 18-21 are not allowed to cross state lines under CDL law. The US Department of Transportation has started a military driver program that allows military personnel between the ages of 18 and 21 to drive from one state to another.

The Trump administration and the industry are also trying to ease the problem by relaxing federal rules and enticing non-traditional drivers like women, teens and minorities to operate large trucks. By passing your CDL test and driving commercial vehicles and trucks that require a CDL, you’ll end up with a great paying job with benefits. The first step is to pass your CDL test that allows you to obtain your CDL permit (CLP) using this CDL Test Questions resource.

Even for jobs in your city that do not require travel. You can start at $50,000.00 with benefits and go up to $100,00.00.

The local opportunities are endless and include: dump trucks, dump trucks, concrete mixer trucks, side dumps, and even a job as a school bus driver.

The current CDL trial application and software offer all the necessary endorsements to obtain any class of commercial driver’s license. This CDL Prep has a 98.5% pass rate over the last 10 years. Tests included are: General Knowledge, Air Brakes, Combination, Hazardous Materials. Tanker, Doubles/Triples, Passengers and School Bus

Check it out: https://cdltest.info

Legal Law

Is SBA 8a certification the answer to building my business?

I was under the impression that once my business achieved SBA 8a certification, it would be my ticket to success. Guess what? Reality dicks.

Remember when you were a kid and the emphasis was on getting your high school diploma? And then when you graduated, you were suddenly told that you needed to go to college to do something with your life. Ok, so you put in the mandatory 4-5 years to get your degree. Hoping that manna will fall from the sky and give you a high-paying job, you graduate to learn… oh yeah, you actually have to compete with other college graduates to land your dream job. Ok, this was a long way of saying…just because your company gets certified, it doesn’t mean you’ll suddenly get a million dollar federal contract.

Ok, let’s do a reality check. Of the millions of small businesses competing in your space, lowering the odds is one way to increase your chances of landing contracts. So yes, SBA 8a certification is worth pursuing.

But here are some proven tips to ensure your company’s success in federal contracting once you’re certified.

1. Establish relationships with purchasing agents and prime contractors now. – The companies that show the most success in federal contracting are the ones that take the time to build relationships with decision makers and potential customers.

Take the time to meet in person, talk on the phone, or email the purchasing agents at the federal agencies you want to compete for contracts with. Learn about their buying habits and special hiring vehicles. Find out if they use or plan to use (and what percentage) small businesses to meet your agency’s annual small business participation goals.

Take time to meet with prime contractors to determine their interest in contracting with small businesses. In determining your business relationship, avoid being a walk-through company, similar to a “front” where the contract writes on the small company, but the principal does the work. Why? Because this is illegal. Small businesses are expected to complete at least 51% of any contract, so keep this and other legal issues in mind when hiring a prime contractor.

2. Prepare marketing materials that include: a company capability statement (similar to a company resume), a company brochure, and a website that showcases your company’s products and services. Be sure to include audio and video examples if possible. Have a number of meeting and conference marketing materials on hand.

3. Attend hiring fairs – Take advantage of meeting many agencies in one day by attending a conference. Develop a thirty-second “elevator pitch” to quickly convey your company’s mission and benefits. Be prepared to answer the question “how are you different from others?” The answers you give to this question are your differentiators, or what makes your business unique. It could be the price, the variety of products, the special services or the unique processes that make your company different from the rest.

4. Stay up to date on all federal contract opportunities. – I receive a daily email from my local PTAC (Procurement Technical Assistance Center) that lists all the contracts that are in my NAICS codes. Instead of paying hundreds or thousands of dollars for this information, the PTAC offers this service for free. Visit your local PTAC to learn about their bid matching services.

Bottom line: Once you earn SBA 8a certification, contracts don’t just show up, you have to work for them. The important thing to remember is to work smarter, not harder. Use these tips to stay focused on your goal: getting your first federal contract. And finally, don’t expect to be the main contractor on your first contract. It’s best to look for outsourcing opportunities to start with. And that goes back to building relationships with prime contractors to get you there. Good luck getting certified and getting your first federal contract.

Legal Law

Benefits of Hiring a Personal Injury Lawyer

Hiring a Personal Injury Lawyer

A personal injury lawyer in Brooklyn can help you file a claim for damages caused by an accident. This kind of lawsuit can be challenging due to the adversarial nature of the process. Often, the parties who caused the accident will try to blame the victim or push them to accept a lowball offer. You can rely on a Brooklyn injury lawyer to ensure that you get the compensation that you deserve.

A personal injury lawyer can also provide you with peace of mind while recovering from a personal injury. Often, personal injury victims are already dealing with intense pain and emotional trauma, as well as mounting medical bills. The stress of filing a lawsuit can add unnecessary stress to their lives. A Brooklyn injury lawyer can help them get through the legal process, act as their client’s advocate, and handle the details of filing the suit.

If your child has been injured while on a friend’s or school property, you may need the help of an injury lawyer. The law protects children from harm caused by negligence. A person’s caretakers, teachers, or neighbors have a duty to keep their property safe for the children. However, if they fail to do so, their child can suffer an injury as a result of another party’s negligence.

In addition to assisting you in filing your claim, an injury lawyer can also handle any correspondence with the insurance company. In addition, hiring an injury lawyer can save you money. While some insurers prefer to deal with the injured party directly, an attorney can help you convince the insurance company to settle for a fair settlement.

Benefits of Hiring a Personal Injury Lawyer

If you have suffered a serious injury, you should hire a personal injury lawyer to handle your case. This lawyer will help you file a claim for damages and will make sure the negligent party is held accountable. A personal injury lawyer is able to prove fault and maximize the compensation. A personal injury attorney in Brooklyn will make sure all rules and regulations are followed.

Personal injury lawyers are experienced in personal injury law and will fight for you in the courtroom to obtain compensation for your injuries. Contact an injury lawyer in Brooklyn today for free consultations. You can even request a no-obligation case evaluation. They will fight the insurance company to make sure you get the best possible settlement.

Personal injury lawyers in Brooklyn can help you pursue financial compensation for medical bills, lost income, and future medical costs. They will also help you get compensation for pain and suffering. If you have suffered a traumatic injury, an injury lawyer in Brooklyn can help you seek justice for your suffering. You deserve to be compensated for the injuries that you’ve suffered because of someone else’s negligence.

Many accidents are preventable, and are often the result of reckless or aggressive behavior. Regardless of the cause, an accident in New York City is likely to cause physical, emotional, and financial damages for those involved. Injuries can range from a minor bump in the road to long-term disabilities or disfigurement. Property damage can also be significant, and medical bills can pile up quickly.

Legal Law

Recognize marketing deception (fraud?) before becoming a victim

Lately, I’ve been listening to a certain radio ad bombing the New York subway news station that I enjoy listening to. The reason I like this station is simple: It’s smart, it’s interesting, and it carries John Sterling/Susan Waldman Yankee commentary during the games of the season.

However, this particular radio ad strikes me as so full of misleading marketing language that it gives me goosebumps every time it plays. Not only does it give my profession a bad name, but I may be tricking thousands of resourceful consumers into signing up and becoming victims of what I almost consider to be fraud. But, too cleverly manipulative for that, he probably can’t even be found guilty of deceit, since all the statements made are true. But it is definitely misleading unsuspecting listeners to interpret these “true” statements as a good reason to respond to the ad and commit to the advertised service, only to later discover the naivete of their gullible decision to do so.

Let me explain: The ad starts out as an overbearing ad that claims it can save American car owners thousands of dollars in auto repair bills. As long as you have less than 200,000 miles on your car (like most people), you’ll never have to pay a repair bill out of pocket again! The advertiser will pay for you. If you’re sick and tired of spending your hard-earned money on car repairs, call to see if you qualify! (This places the onus on you to prove that you are one of the eligible owners of a car with less than 200,000 miles who can take advantage of this scam to trick you into buying.)

You can even keep your own mechanic or auto repair service and have the advertiser pay the bills for you. This includes all of the most advanced auto tech repairs you could ever need! (Again, they say this to throw you off course, so think about what kinds of repairs your car may need now or in the future and whether you’ll qualify.) So far, everything they’ve said with the possible exception of “saving you thousands of dollars” has been true. That is until you read between the lines.

No, you won’t spend your hard-earned money on your car repair bill. Instead, you will spend your hard-earned money to pay them a fee to represent you and pay your car repair bill for you. And while they claim you can save a lot of money, you may actually be paying more if you make them a middleman. After all, they are in business to make money. They won’t do this for nothing. And how can they be paying for these expensive radio ads on such a powerful New York station? Just through the responses of hundreds of unsuspecting customers signing up en masse.

So what do you get from this? Maybe a lot of trouble if you sign a contract and don’t pay your fee, and who knows what else! They probably make it seem like they’re giving you a great service by guaranteeing they’ll pay for your car repair on your old clunker (with less than 200,000 miles), allowing you to keep driving and hopefully going to work (if you still have a job) while they wait for you to cover the (possibly late) bill with interest.

I’m guessing at all the finer details, but you can see the risks I’m pointing out. I remember hearing about a similar fraudulent attempt by another car payment company in the past few years that was distributed through the mail. I later received a series of telemarketing calls about it. Now, I’m hearing this ad from a different company on the radio. Could it be the same organization operating under a different name? And ironically, as soon as I recognized it, I suddenly don’t listen to it anymore, which may also be part of their formula: run it for a short time to rack up new customers and then disappear into thin air, so to speak. These are the kind of questions I ask, as I’m naturally suspicious of marketing claims that raise these kinds of red flags.

The concept is much like the service a credit card offers: You pay with plastic, then pay the credit card company with interest for their generosity in allowing you to pay over time. But we all know the enormous risk that implies, as a nation and as a world, insoluble economic problems wherever you look at it! If you’re one of the unlucky people who’s lost the privilege of using some or all of your credit cards, this car repair payment service ad might sound pretty appealing, especially if old Bertha is making horrible noises and putting on jeopardize your journey. But I urge you to tread carefully and carry a big stick.

So what exactly are the laws regarding false advertising? According to the Federal Trade Commission (FTC) Bureau of Consumer Protection, there are three attributes that determine whether an ad is false or unfair:

1. If it offends public order;
2. If it is immoral, unethical, oppressive or unscrupulous; Prayed,
3. if it substantially harms consumers.

This last point is considered the most important when weighing whether the advertisement is false or disloyal, and the damage to the customer is usually based on the loss of money as a result of a purchase that would never have been made if the advertisement had not been misleading in the first place. False statements are determined by whether they are false on their face; or if they are implicitly false. In my opinion, the above radio ad may be making a blatantly false claim that it can save you huge sums of money if you use their service. However, with a clever twist of interpretation, that statement could be held true if they attribute their savings to payments made directly to auto repair providers.

If you’re not paying your mechanic directly for your car repairs, you are essentially saving that money. However, you will need to use that “saved” money to pay the auto repair payment company that will pay your mechanic for you, regardless of how misleadingly they are advertising their service. Does this seem ethical to you? Also, I think the ad says “can save you” instead of “will save you”, implying that there may be other conditions involved that you need to meet to ensure your claim can perform as stated.

Based on the complaints the FTC receives, some consistent themes emerge, most often about undisclosed costs and conditions. Responsible radio advertisers avoid legal trouble simply by adding a statement like “Restrictions may apply,” while some overzealous advertisers spend a good percentage of the radio ad’s time explaining in detail a long rant of disclosures delivered at the speed of light, making it virtually impossible to understand what is being said. Depending on the space available, the FTC advises advertisers using visual media to disclose details “clearly and conspicuously.” If space is limited, perhaps the 3-word disclaimer mentioned above might suffice, but the small type and deliberately ambiguous terminology are frowned upon.

What the FTC allows or regulates appears to be a somewhat gray area with decisions depending on whether the ad is national or regional in scope; if you represent an industry regulated by another branch of government (such as airlines, banks, insurance companies, public transportation companies, and companies that sell securities and commodities); or if it can be resolved by some other more local agency like the Better Business Bureau. As stated above, the most important thing for the FTC seems to be issues related to harm to the consumer, whether to “health, safety, or wallet.”

Penalties for non-compliance can be severe and range from a simple “cease and desist” order which, if not properly obeyed, amounts to as much as $16,000 per day for further violations; to fines reaching millions of dollars where applicable, sometimes requiring refunds to consumers affected by the offending ad; to post new ads and contact customers to correct previously misleading information.

If an advertisement has harmed you in any way as a result of deceptive practices, you have the right to file a complaint with the FTC and contact an attorney. If the offending ad is broad enough, your case may be considered suitable for a class action lawsuit, involving many plaintiffs other than yourself. Keep in mind, however, that no matter how noble your attorneys’ representation may seem in such cases, it is generally the attorneys who stand to gain the most in class action lawsuits.

What if you think a competitor’s ad is misleading? You have a few options, some or all of which you can follow:

1. You can contact an attorney to explore whether you should sue for unfair competition by making misleading claims in advertisements.

2. You may file a complaint with the National Advertising Division (NAD) of the Council of Better Business Bureaus, which investigates and resolves such disputes both nationally and regionally.

3. If the ad is local, you can contact your local Better Business Bureau to file a complaint.

4. You may contact the print or broadcast outlet where the advertisement was published to report your suspicion of the misleading nature of the advertisement.

5. You can contact your state Attorney General’s Office or your city, county, or state Office of Consumer Affairs to report the problem.

6. Finally, you may contact the Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or call: toll-free 1-877-FTC-HELP.

As a piece of advice from a marketing expert, if you are an advertiser using vagueness, or worse, duplicity, to camouflage the full truth of your message, keep this in mind:

“The bitterness of poor quality lingers long after the sweetness of low price is forgotten.” -Benjamin Franklin

Translation: An unsatisfied customer will share their unpleasant experience not only with their friends and family, but will also spread bad words about you on blogs, forums, and chat rooms, giving your business a negative reputation it can never live on . today’s Google-dominated universe. If your publicity mischief was unintentional, it will be far less expensive to try to win back the loyalty of a dissatisfied customer with a valid complaint than it will be to weather the devastating winter of their discontent.

Legal Law

Pre-Prepared Legal Documents: Why “Canned” Documents Can Get You Canned

Watching the commercials on television late at night can be a great education for the estate planning attorney. It seems that every channel has a pre-packaged or “canned” mailer of legal documents to “save you the costs of hiring a high-priced attorney”: “Save thousands of dollars with our easy-to-complete form.” (insert type of document: wills, trusts, powers of attorney, deeds, etc.)!” “Easy to use!” “Avoid paying high prices for something you can do at home!” There are always smiling people and “testimonials” from “customers” who say the forms came with step-by-step instructions and were very easy to use.

To think that the planning, creation and execution of the most important documents in the life of any individual could be so simple!

If only it were so.

This is a classic case of “if it sounds too good to be true, it usually is.” American capitalism is a wonderful thing — and as a small business owner I certainly appreciate the freedom Americans have to make a living — but it’s not so wonderful if it hurts the consumer who spends their hard-earned money on computer programs or training documents that ultimately won’t do the job.

I have had several clients come to me with pre-prepared documents that were either completely invalid, didn’t do what they were supposed to do, or required a lot of legal work afterwards to clean up the mess they got the client into. Some were wills, some were trusts, some were corporate documents, and some were contracts. In each case, the customer ended up paying more, sometimes much more – for me to clean up the mess.

Lawyers don’t spend four years in college and another three years in law school so they can fill out canned forms from an online website or an office supply store. Most legal documents, especially those that people need for their daily lives, require accuracy and formality to be legally valid. And they must carefully follow the laws of the state in which they will be used. Wills must contain very specific language and be executed with extreme precision to be recognized by the courts. One false step and a will is invalid. This is particularly important because you cannot make a will again after you have passed away. And that’s not what you want for your heirs.

The same goes for writes, which must also succeed or they are invalid. Imagine thinking you’ve transferred, or worse yet, He received — property, only to discover that the document is not worth the paper it is written on? Contracts are another type of document that people feel they can write themselves or use “canned” documents without knowing the requirements of the particular area of ​​law or the law of that state. I can’t tell you how many times one of my red-faced client’s previous penny-pinching blunders led to lengthy and expensive litigation.

Is it really worth saving between $750.00 and $1,500.00, depending on the type of document, to have legal documents that may not be valid? While it may be tempting to use pre-prepared legal documents to save a bit, using them is a classic case of being “unintelligent and dumb.” I always tell my clients, “Pay me now or pay me later. If you pay me now it will cost you less than if you have to pay me later to clean up the mess.”

Only a member of the Bar in your state is authorized and competent to prepare these important life documents for you. Seek the right advice and be prepared to pay a reasonable price now for expert advice and labor to avoid a costly problem later.

Legal Law

Bloodborne Pathogens – Prevention of Disease Transmission

Imagine receiving a call that an employee has been injured in a fall down a flight of stairs at your facility. The caller tells him that he has called 911 and that some of his co-workers are treating the victim. As a supervisor, he decides to respond to the scene.

You arrive just as the firefighters and paramedics take over the care of the victim. These rescuers do their job well: they stabilize the victim, wrap them up for transport to the hospital, and gently place them on the stretcher.

As you watch, you can’t help but notice that the firefighters and paramedics wear medical gloves and goggles. As EMS (emergency medical services) personnel leave the area, you reach out to the employees who helped to thank them for their efforts. Almost immediately you notice a very frightening sight: both rescuers have quite large bloodstains on their clothes and, even more annoying, they are both using paper towels to wipe the blood off their hands. It is obvious that these employees did nothing to protect themselves from disease transmission and both have been contaminated with the victim’s blood.

The use of PPE (personal protective equipment) is an important part of the equipment of professional rescuers. They know that protecting themselves from bloodborne pathogens is, in a way, just as important as caring for the victim. But what about his people? Are they aware of the risks associated with not wearing protective equipment?

If your company provides first aid kits for employee use or if your employees must respond to a medical emergency, they should have access to protective equipment and receive training on bloodborne pathogens.

ASSESS THE EXPOSURE RISK OF YOUR OPERATION – I was recently asked to assess the exposure risks for an association of tow truck operators, body shop technicians, and auto mechanics. These individuals lacked training on bloodborne pathogens.

Tow truck operators wear thick leather work gloves and routinely pick up blood-stained windshields or wrap contaminated air pockets around steering columns. Body shop technicians remove contaminated seats from wrecked vehicles and then sit on them during their breaks or at lunch. Mechanics tend to cut their knuckles or their foreheads while repairing vehicles. They also share tools with their co-workers, tools that are contaminated with blood from their latest injury.

I know you’re not in the auto repair business. The above examples are intended to get you thinking about the risks of your own operation’s exposure to potentially hazardous body fluids. Do you have a first aid team or people assigned to respond to an emergency? Are first aid kits available for employees? Do employees share equipment or tools that could become contaminated? Who is responsible for cleaning up bodily fluids after an accident or injury?

Without proper communication policies and training to prevent disease transmission, your employees could be exposed to the same dangers paramedics and firefighters face when they come to your aid.

So what can you do to reduce your risk of exposure? Let’s start with the definition of bloodborne pathogens and the impact exposure to them can have on employees and employers.

CONTAMINATION PREVENTION GUIDELINES: Bloodborne Pathogens are pathogenic microorganisms that are transmitted through human blood and cause disease in humans. They include, but are not limited to, Hepatitis B and Human Immunodeficiency Virus (HIV).

I know that for many people (myself included) words like microorganisms, immunodeficiency, and pathogens bring back memories of high school and health classes, the last places in the world most of us want to revisit. So before I continue, let me put it in my terms: There is a lot of garbage out there that can make us seriously ill or even kill us if we become contaminated.

We need to be constantly on guard and very careful not to contaminate ourselves. I’ve been teaching CPR and first aid for over 25 years, and I’m often asked if I’d do mouth-to-mouth resuscitation without a barrier on someone I don’t know. I answer without hesitation: If I found someone unresponsive and not breathing, I would immediately call for help and start chest compressions on the victim, but there is no way I would give the person mouth-to-mouth without a respiratory barrier.

First responders know the risks associated with contact with bloodborne pathogens and know how to protect themselves. Unfortunately, too many people in the workplace or Good Samaritans on the street do little or nothing to take the necessary precautions. Too often they realize they have been exposed to bodily fluids after the emergency, when it is too late to do anything about it.

EMPLOYEES – Here are some simple rules to follow when faced with the possibility of exposure to bloodborne pathogens or any bodily fluid for that matter. This information is presented as a guide for both employees and employers. The American Heart Association calls it “Make a PACT, know how to act.”

PROTECT YOURSELF: Protect yourself from blood or materials containing blood. This includes the use of protective equipment, such as gloves and goggles, and the use of a respiratory barrier if you are performing CPR. Consider your options if you find yourself without protective gear.

ACT: If you discover that you have come into contact with someone else’s blood or other body fluids, act quickly and safely. Immediately wash area with hot soapy water for one minute before rinsing. If your eyes have become contaminated, flush them with clean water for up to five minutes. If no flushing agent is available at the scene, have someone bring you water. Firefighters or paramedics can help you if they are still on the scene.

CLEAN UP – After an emergency, especially in the shop or office area, clean up any area contaminated with blood or body fluids. Wear protective gear. Clean the area with a solution of one part Clorox and eight parts water. Thoroughly rinse the area and let the solution sit for at least three minutes. Take care when cleaning the area, especially if it involves broken glass or splinters of wood or metal. Put all dirty items, including dirty cleaning materials, in a plastic bag and put it in the dumpster as soon as you’re done. If an injection device (such as a needle) is involved, try to give it to the medics or firefighters before they leave; otherwise, throw it in the dumpster and be very careful when doing so.

SAY IT – Report the incident immediately to your supervisor or the human resources department. Request a dated copy of the report (even if it is handwritten).

RESPONSIBILITIES OF EMPLOYERS – Employers have a responsibility to protect their employees from exposure to bloodborne pathogens. Here are the details of this responsibility.

PERSONAL PROTECTIVE EQUIPMENT – Any employee at risk of being exposed to bloodborne pathogens should have the necessary protective equipment to keep them safe from exposure. This kit includes gloves, goggles, and, if required, breathing masks or CPR barriers.

EDUCATION: Not all professions require bloodborne pathogen prevention education and training.

A call to OSHA (Occupational Safety and Health Administration) may or may not give you the answer you’re looking for. It appears as if OSHA looks at a number of factors when determining whether or not an employer should comply. For example, if you offer voluntary CPR/First Aid training to your employees, they may not be required to take bloodborne pathogens training. If you have designated first aid responders within your organization, you probably meet the training requirements.

Many of you are aware of the occupational exposure risk of your employees. If you have staff who are routinely or even occasionally exposed to blood or body fluids in the course of their duties, you may want to consider offering protective equipment and training to these employees.

ENGINEERING CONTROLS: Engineering controls help protect employees from bloodborne pathogen contamination and prevent the spread of pathogens in the workplace. Here’s an example of engineering controls: An employee wearing his leather work gloves realizes that he has come into contact with bodily fluids and that the gloves are contaminated. Two controls must be in place to protect the employee. First, knowing his exposure risk, the employer should keep a spare set of gloves on hand so the operator can complete his job. Second, the company must have a procedure for disposing of or cleaning dirty gloves.

WORK PRACTICES – Establishing standard practices to prevent the spread of disease is a very important part of an employer’s responsibility to protect employees.

In the case of the body shop mentioned above, good labor practices would include establishing a policy requiring workers to wrap seats removed from a wrecked vehicle in plastic and prohibiting them from sitting on the seats, even with the plastic covering on their seat. place.

Providing employees with their own tool boxes is another good practice. If you share tools, have a policy for cleaning and decontaminating tools, especially after an accident or injury. Also, make sure employees know the importance of disposing of or cleaning contaminated personal protective equipment.

Finally, offer a bloodborne pathogen training course. It’s a great way to communicate the importance of preventing disease transmission and protecting your company from a large workers’ compensation/liability claim.

HAVE A WRITTEN POLICY AND REPORTING PROCEDURES IN PLACE – As I mentioned earlier, implement policies related to bloodborne pathogens in your operation. Start small, then expand policies as new problems arise. Communicate with your people. Make sure they are aware of the notification procedures and the importance of reporting any potential contamination.

OSHA has templates for creating your own bloodborne pathogens policy and/or procedure. Simply download the forms, fill in the blanks with your company name, etc., print them out, and you’re good to go. Additional information can be obtained by calling your OSHA regional office.

TRAINING AND POLICIES ARE WORTHFUL INVESTMENTS. I am a business of one, but if I had employees, I can assure you they would be trained on bloodborne pathogen risks and contamination prevention, and my company would have a policy in place. It is the right thing to do for a company, its employees and the employer. And imagine how good it would feel to know your operation is compliant should OSHA officials decide to visit.

Invest an hour to set up your program, distribute the information to your employees, and host a 30-minute bloodborne pathogen education and prevention class. The investment is small, but the dividends for you and your employees will be huge.

Legal Law

So can I really get a divorce for $399? How to select a profitable matrimonial lawyer

Today advertising proliferates promising a $399 divorce. Is such a thing even remotely possible? Probably not. For starters, in New York State alone, court costs will exceed $300. However, you can obtain the necessary forms to process a mutual consent divorce from your local County Clerk’s Office or even more easily from the New York State Office of Court Administration website. So, if you don’t have controversial issues in your divorce, a helpful spouse, and a willingness to do the paperwork, your total costs probably won’t exceed $400 (including round-trip subway or bus fare).

This article is for those of you who will need to hire a lawyer, either because you have

disputed matters, complex assets or child custody matters that require the expertise of a family law specialist, or you simply want someone to do the legwork for you. And, if this is your situation, it shouldn’t surprise you that you don’t get much in the way of personalized service or representation for $399.

The good news is that if you’re wise and sensible (and have a spouse who will be too), it’s possible to secure a divorce without spending a fortune. By that I mean it could get the job done in the range of $1,500 (in the simplest, most “undisputed”) to $10,000 (in a more complex situation). I can’t stress too much though, keeping your costs in this range will only be possible if neither you nor your spouse is uncompromising or blood seeking.

What follows is a list of pros and cons designed to get you there:

(1) Carefully select your attorney.

Make sure it’s someone whose personality and demeanor match yours, and who has the legal knowledge and insight to tailor their recommendations to your needs. A lawyer may surprise you with his or her personality, legal knowledge, rhetorical skills, or promises in an initial consultation, but if he or she can’t or refuses to listen to you, you’ll likely pay the price later.

(2) Maintain civil, even better, cordial communications with your ex-spouse.

Sometimes the only way to contain legal costs in a multi-issue divorce is to negotiate a deal directly with your spouse and then have the attorneys draft an agreement. In any event, establishing a postmarital civil relationship with your spouse as soon as possible, particularly when children are involved, can help ease commitment, reduce hard feelings, allay anxieties, and most importantly, mitigate legal costs.

(3) Be prepared to compromise.

The parties often lament their spouse’s inability to be reasonable, but just as often they are unprepared to compromise. If you are convinced that your settlement offer is so reasonable that no one could refuse it, you have either made an overly generous first offer or are currently unable to weigh the actions evenly. It’s probably the last.

(4) Be aware of what is most important to your spouse.

This does not mean that you have to grant exactly what he or she wants. But accept the fact that an agreement will only be possible if you are flexible enough to be able to compromise on one or more issues that are critical to your spouse. At the same time, it is equally unrealistic to expect to prevail on all the issues that you feel are critical to you.

(5) Avoid at all costs the practice of contradictory motion.

In certain cases, it may be impossible to resolve a temporary issue that requires immediate attention without filing a motion, for example issues such as temporary child support or a spousal refusal to disclose critical financial information. In that case, you will have no choice but to file a motion with the court. However, if you must take this course, be prepared to incur legal fees that are likely to end up in excess of $10,000 (the cost of filing a single motion can be as much or more). And furthermore, be aware that if you start down this path, you may take your case to such an adversarial pitch that the costs literally multiply.

(6) Never tell yourself that you’d rather pay your lawyer than your spouse.

You may end up paying both. It’s a tactic that only makes sense when your spouse’s expectations are very high and unlikely to come to fruition any time soon. In addition, the court may ultimately see you as the unrealistic party, in which case you may even be ordered to pay your spouse’s legal fees.

(7) Help your attorney do your job for you whenever possible.

Most of today’s legal clients are educated consumers, who need not be told that it is wise to help your attorney work more efficiently for you. But, if you’re someone who’s allergic to paperwork, pathologically disorganized, or just doesn’t want such direct involvement in a painful ordeal, you’ll pay a premium. Virtually all divorce attorneys charge by the hour, and many areas of divorce practice are inherently slow. On the other hand, if you spend hours explaining something to your attorney that he or she could have discerned from the documents, you will accomplish the opposite of your goals.

(8) Evaluate costs realistically with your attorney on an ongoing basis.

To do this effectively, you will need to know both the scope and underlying rationale for the steps your attorney proposes to take. It is not enough to know that your attorney plans to start by preparing a Summons and Complaint. You need to know what that means and whether it will require a few hours or a few days of legal work.

(9) Do not litigate matters related to children.

If you cannot mutually resolve custody and visitation of your child(ren) with your spouse, you will have no chance of avoiding substantial legal costs. This means that, as long as your children are not in danger, if you want or need to control costs, you will have to compromise on scheduling and custody labels. This is not always easy advice to follow. Oftentimes, one or both parties mistakenly view parenting as a battlefield to secure control or financial advantage over their spouse. If this is the case, you will find it very difficult to avoid costly litigation.

conclusion

If you can avoid these nine pitfalls, you’ll have a good chance of avoiding burying yourself in legal costs, even if it doesn’t mean a $399 divorce.