frankgiunta
frankgiunta
Attorney Frank Giunta
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frankgiunta · 3 years ago
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U.S. Supreme Court Reaffirms Americans' Right to Sue for Malicious Prosecution - Legal Reader
https://frankgiunta.com/u-s-supreme-court-reaffirms-americans-right-to-sue-for-malicious-prosecution-legal-reader/
U.S. Supreme Court Reaffirms Americans' Right to Sue for Malicious Prosecution - Legal Reader
While the Supreme Court may have lowered the standard to raise a malicious prosecution case, the split ruling does not make it any easier to sue law enforcement and other public officials. The U.S. Supreme Court has made it easier for Americans to sue police and prosecutors for malicious prosecution. However, the decision does not overturn existing rules that makes it difficult to file such complaints in the first place. According to The New York Times, the justices’ split 6-3 decision only addresses whether plaintiff Larry Thompson demonstrated whether there was a favorable termination of prosecution against him. National Public Radio notes that the case—oddly enough—relates to literal diaper rash. When Thompson was living with his then-fiancée and newborn baby, his sister-in-law—who allegedly suffered from mental illness—called 9-1-1 on the family, claiming that Thompson was abusing his child. When emergency responders arrived to Thompson’s home, they were permitted entry by his sister-in-law. However, Thompson—who was not aware of the 9-1-1 call—told EMTs they had the wrong address. The EMTs left, but returned shortly afterward with four New York City police officers.
Image via Petr Kratochvil/PublicDomainPictures.net. Public domain.Thompson, says N.P.R., told them they could not enter without a search warrant. However, an officer allegedly threw Thompson to the ground and handcuffed him while other law enforcement personnel examined the baby. While the officers’ search yielded nothing other than diaper rash, Thompson was taken to jail, charged with resisting arrest and obstructing governmental administration, and left behind bars for several days. Prosecutors eventually offered Thompson a deal, saying they would clear his record if he admitted to the charges. However, Thompson refused—and the prosecutors eventually dropped the case without explanation. Despite prosecutors’ decision, Thompson decided to file a lawsuit, alleging malicious prosecution. In his complaint, Thompson cited an 1871 federal civil rights law known as Section 1983. Section 1983, notes the New York Times, allows private citizens to sue state officials, including police officers, over suspected violations of their constitutional rights. Thompson, for his part, said that the N.Y.P.D. officers violated his Fourth Amendment rights by executing a search of his residence without first obtaining a warrant or reasonable cause. But a federal appeals court found that Thompson had to first prove, or “affirm,” his innocence before filing a civil complaint. The prosecution’s decision to drop charges, said the court, was not sufficient grounds for Thompson to file a lawsuit. However, Justice Brett Kavanaugh, writing for the majority, said that the plaintiff only needed to show that his prosecution ended without a conviction, rather than a definite finding of innocence. “Requiring the plaintiff to show that his prosecution ended with an affirmative indication of innocence would paradoxically foreclose [his Section 1983 claim],” Kavanaugh wrote, “when the government’s case was weaker and dismissed without explanation before trial, but allow a claim when the government’s evidence was substantial enough to proceed to trial.” However, dissenting Justice Samuel A. Alito, Jr., contended that the majority failed to demonstrate that federal law even allows malicious prosecution claims—let alone Thompson’s. Kavanaugh, wrote Alito, tried to combine “elements taken from two very different claims: a Fourth Amendment unreasonable seizure claim and a common-law malicious-prosecution claim.” “In fact,” Alito wrote, “the Fourth Amendment and malicious prosecution have almost nothing in common.” Sources Supreme Court makes it easier to sue the police for malicious prosecution Supreme Court Rules Against Police in Malicious Prosecution Case
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frankgiunta · 3 years ago
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What Not To Do After a Car Accident
https://frankgiunta.com/what-not-to-do-after-a-car-accident/
What Not To Do After a Car Accident
The steps you take after a car accident will determine how the case will pan out. They affect your chances of proving your case and recovering compensation for the damages you suffered. They are also crucial to how you’ll defend yourself if you are wrongly blamed for causing the accident. More than that, there are things the law expects you to do after you’ve been in a car accident. Failing to do them might make you criminally liable. While nobody plans to be in a car accident, you should know what not to do after a car accident. Car accident cases can be complex, and avoiding these mistakes will lead to a better outcome. 8 Things You Should Not Do After a Car Accident After you’re involved in a car accident, don’t do any of the following things: Flee the Scene In every state in the United States, it is a criminal offense to leave the scene of an accident you were in without stopping. This is commonly known as a “hit and run.” The law mandates you to stop, help those who need aid, and exchange contact information with the other driver. If there is no other driver, for instance, if you hit an object, you must stop and leave your contact information. Fleeing the scene of an accident can lead to misdemeanor or felony charges. The punishment varies state by state. As a misdemeanor, you can face up to 6 months in jail or up to a $500 fine. If the accident caused injury or death, it’s a severe offense, and it’s treated as a felony. In hit and run cases, most states impose a fine of between $5,000 and $20,000 and, possibly, years of incarceration. In addition, if you’re convicted for a hit and run, the state will revoke your driver’s license. The duration of this suspension varies state by state, and ranges from months to a lifetime, based on the circumstances of the accident. Fail To Call 911 You may wonder if it’s important to call the police after an accident, especially if nobody was seriously hurt. The other driver may even beg you not to call 911. But there are various reasons you must not fail to call 911 and report the crash, even if the accident appears minor. In many states, you have a legal obligation to report an accident you were in, even if you didn’t cause it. In Louisiana and Texas, you have an obligation to report an accident that causes injury or death, or property or car damage over $500 and $1,000, respectively. The police may also help to determine who was at fault. That report can help you in proving your case later. For example, a police report showing that the other driver was drunk driving may be all you need to prove your case. A police report is also proof that the accident happened, and most insurance companies ask for it when you file your claim. Neglect Proper Documentation Another thing you must not do after a car accident is fail to document the accident and gather evidence. Don’t just rely on the police report. You can capture lots of details the police may miss that will help your case. Write the name and badge number of the police officer in charge, and get a copy of the police report. Don’t neglect to go to the hospital and get yourself checked out, even if you sustained little or no injury. Ensure you get a medical report of your injury immediately after you are in an accident. Insurance companies may use any failure or delay to do so as proof that you didn’t sustain any injury, or that your injury was minor. Ensure the medical report includes every test, diagnosis, and treatment you received. Other details you should not fail to gather after an accident are: The other driver��s full name and contact information Plate numbers of the vehicles involved The model, make, and color of the vehicles involved Auto insurance information of all the drivers involved Name and contact information of eyewitnesses Eyewitness accounts of the accident A written narrative of the accident as you understand it Picture of the accident scene and vehicle damage Pictures of any physical injury you sustained Picture of the road and weather condition Underestimate Your Injuries Car accidents often cause internal injuries or soft tissue damage, which may take days, weeks, or even months to manifest. What you think is just a minor bruise may be serious. After an accident, you may feel shocked, overwhelmed, and uncomfortable with all the attention you are getting. But you should not downplay any pain or unusual feeling you may have. Always let medical personnel know exactly how you feel. A slight pain you feel in your back may indicate a spinal cord injury. Underestimating your injuries may cause you to delay a proper medical evaluation of your injuries, which may worsen your injuries or affect your ability to receive proper compensation. Never say you are fine if asked how you feel, even if you think you are. Insurance companies may use that admission to claim that you weren’t injured in the accident or that the injury wasn’t serious. When you underestimate your injuries, it can also make you neglect the long-term impact of your injuries, and you may accept a settlement that doesn’t cater for injuries that surface later. Admit Fault Admitting fault is one of the biggest mistakes you can make in a car accident case. Even if you think you are partly or fully responsible for an accident, never admit fault. You don’t have enough facts to do so. You may wrongly assume that you are the one responsible when you are not. No matter how empathetic you feel towards the other driver, never say things like “I’m sorry” or “I tried to slow down,” or any statement that implies you are admitting responsibility. It’s the duty of the police and insurance adjusters to investigate the case and assign blame. Most states, including Louisiana and Texas, apply comparative negligence in accident cases, which means you can still recover damages even if you were partly at fault, as long as you are less at fault than the other parties involved in the accident. If you admitted fault, and the investigation reveals that you played a minor role in the crash, that admission may make it harder to receive the compensation you deserve. Admitting fault can also make you liable for traffic violation citations, even when you are not at fault. Talk to an Insurance Adjuster Insurance adjusters may appear friendly and helpful, but never forget that your interests conflict with theirs. Any car accident advice they give you will only benefit them. Their job is to find what they can use to deny or reduce your compensation. Insurance adjusters know that accidents victims are at a vulnerable point. They may try to win your trust and get you to open up. It might be tempting to talk. You may even feel like talking will help your case. It won’t. The only thing you should divulge to insurance adjusters is your contact information or your lawyer’s contact information. Anything else could be used against you. Sign a “Quick Hit” Release After you have been in a car accident, insurance companies may be quick to offer you a settlement and get you to sign a release or waiver. Don’t sign it without talking to a personal injury lawyer. Accepting the first offer an insurance company gives you is hardly the right thing to do. Most times, they are offering you a lot less than you deserve. It’s often tempting to accept their offer because you need the money to settle your medical bills, and you want to get your life back to normal. Insurance adjusters know this, and they will try to exploit it. They will use lots of tactics to get you to sign a release, including victim-blaming. Signing any release will bar you from pursuing any claim or lawsuit against them later on if you realize that what they offered is not enough to take care of your medical bills. Moreover, medical expenses are only a fraction of what you might recover. You can also claim compensation for: Future medical bills Lost income Future lost earnings Cost of renovating your home to accommodate any disability Pain, suffering, and mental trauma Not Talk to a Lawyer Insurance adjusters will discourage you from hiring a personal injury lawyer, and there are reasons they do that. A report by Nolo shows that when you hire a personal injury attorney, you have a 91 percent chance of receiving a settlement, compared to a 51 percent chance when you don’t. Also, people who hire a personal injury lawyer receive, on average, three times the compensation of people who don’t. Insurance companies want to pay you a lot less than you deserve, but a car accident attorney will fight to get you the maximum compensation possible. If you or a loved one were injured in a car accident because of other people’s negligence, contact a car accident lawyer immediately. The experienced car accident attorneys at Morriss & Dewett Injury Lawyers have represented many car accident victims in Louisiana and Texas. Contact us today to see if you have a case.
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frankgiunta · 3 years ago
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Dentons advises lenders on €673.7 million term and revolving loan facilities for Telekom Srbija
https://frankgiunta.com/dentons-advises-lenders-on-e673-7-million-term-and-revolving-loan-facilities-for-telekom-srbija/
Dentons advises lenders on €673.7 million term and revolving loan facilities for Telekom Srbija
Global law firm Dentons has advised UniCredit S.p.A., UniCredit Bank Serbia JSC Belgrade, Erste Group Bank AG, Erste Bank a.d. Novi Sad and Raiffeisen Bank International AG as mandated lead arrangers of €673.7 million term and revolving loan facilities for Telekom Srbija a.d. Beograd, the state-owned telecoms company and largest fixed-line and mobile telephony operator in Serbia. The facility, which will be used for refinancing, working capital and capex, featured a new structure for the Serbian market in the form of a revolving credit facility that combined both local and international liquidity that can be accessed either jointly or separately as the borrower requires. Syndication closed with a healthy oversubscription with a further eight banks joining the deal, allowing the facility amount to ultimately be upsized. Partner Mark Segall led the Dentons team on the deal in collaboration with senior associates Stefi Ionescu and Lawrence Florescu. Mark Segall commented on the deal, “This is a fantastic deal for all parties, supporting the very positive trajectory of Telekom Srbija’s business as demonstrated by the strong appetite of the loan market. This deal illustrates Dentons’ capabilities to support our clients in structuring and implementing innovative financing solutions.”
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frankgiunta · 3 years ago
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The Importance of Continuous Learning for Your Career (and Your Health) - Legal Reader
https://frankgiunta.com/the-importance-of-continuous-learning-for-your-career-and-your-health-legal-reader/
The Importance of Continuous Learning for Your Career (and Your Health) - Legal Reader
Continuously learning through reading can lower stress levels. Continuous learning entails a commitment to expanding our knowledge and learning new skills on a regular basis. And it’s a crucial concept in our fast-paced, continuously evolving world – especially in relation to the modern workplace. According to a Pew Research Center survey, 54% of employees believe it is critical for them to obtain training and gain new skills during their careers in order to keep up with workplace developments.  Continuous learning requires that you be self-motivated and consciously and voluntarily choose to gain new skills or expand your knowledge in a certain field. Here’s why it’s great and how it can influence not only your career but your health as well.  Maintain your relevance It doesn’t take long to fall behind career-wise, considering the rapid introduction of new technologies. You simply have to keep up with the current, adapt, and hone new skills to maintain your value at any job.  Moreover, it’s not only about keeping up with change. By mastering the most trending skills, you can become a leader in your industry. Employers seek qualified candidates for leadership positions who are capable of promptly adapting to new changes and understanding them. You could even be the first person to present new technologies to your company if you can stay “in the know” about emerging innovations.  Become multi-functional You may become an even more valuable addition to your organization with some cross-training. You’ll have a better grasp of the business and will be able to collaborate more effectively with employees in related roles. Also, you’ll gain a greater understanding of the entire business as well as the industry. Lastly, expanding your knowledge will help expand your imagination as well, so you’ll be better able to contribute to solving complex challenges at work.  Discover new perspectives and ideas If you keep learning throughout your life, you’ll continuously be exposed to different perspectives. It might help you think more rationally and embrace diverse points of view. The more you learn, the better you’ll be at recognizing different perspectives on the same problem, allowing you to get a firmer grasp on issues. New ideas go hand-in-hand with new perspectives. You will eventually be able to connect multiple ideas or tools and develop your own innovative solutions that have been inspired by everything you learned. This will also enable you to come up with creative answers to challenges that are presented to you. And with all those creative problem-solving experiences, who knows – you might even come up with a fantastic new business idea.  Improve your CV You can add more items to your CV as you expand your skills through continuous learning. Even if you’re not adding another “formal” degree, you can add a “skills” section to your resume and highlight the skills and abilities you’ve learned on your own. You can also help your career development by learning a new language on the business level. This will look great on your resume and it will be incredibly beneficial when dealing with overseas clients. Have more self-confidence Continuous learning will give you a sense of success, help you develop independent thinking, and increase your self-confidence. It gets you ready to take on new tasks and venture into unfamiliar territory. With improved critical thinking and problem-solving skills, you will be more confident in various scenarios.  If you don’t have the experience of continuous learning, you might find yourself often feeling apprehensive. With it, you’ll be ready for the unexpected, and you’ll find it easier to overcome various curveballs that your professional as well as your personal life may throw at you.  Cognitive function Simply put, learning new things is beneficial to the human brain. According to research, learning keeps brain cells functioning at their best, which can help prevent cognitive deterioration as we age. Your brain, like your body, needs exercise and activity to maintain its strength. The best aspect is that education can take many different forms. We maintain our brains healthy as long as we keep learning new things. Live a longer life
Older couple walking in nature; image by PICNIC-Foto-Soest, via Pixabay.com.Continuously learning through reading can lower stress levels. This includes reading books, documents, and blogs on a variety of topics that interest you. According to a study conducted by the University of Sussex, reading for just six minutes can reduce stress by 68%. In addition, it lowers heart rate and relieves muscle stress. Conclusion There’s no doubt about it – continuous learning will help you grow both personally and professionally. We hope you recognize the importance and how it could significantly impact your career and health. “Anyone who stops learning is old, whether at twenty or eighty. Anyone who keeps learning stays young. The greatest thing in life is to keep your mind young.” – Henry Ford
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frankgiunta · 3 years ago
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What to Do After a Car Accident: First Steps to Take
https://frankgiunta.com/what-to-do-after-a-car-accident-first-steps-to-take/
What to Do After a Car Accident: First Steps to Take
Once you have met with an accident, the initial few minutes will rob you of your sensibilities. You won’t be able to think and decide on anything. But you know that it is your alacrity and decision-making abilities that might allay further complexities post-meeting with an accident. The following article, written in a  didactic mode, will discuss what needs to be done after an accident. Accident And Causes Car Accidents are nothing but a collision between vehicles or losing over speed and harming themselves. It culminates with massive losses inside the car (driver and other passengers)  as well outside the car (death of Pedestrians on the street). There are different ways by which an accident can occur on the Street. Post meeting with an accident would be needing personal injury lawyers.
1: Over Speeding If you Overspeed and lose control over your driving you could meet with a fatal accident. 2: Drunken Driving  If you consumed some addictive substances and drove into the highway, May God Forgive this blunder of yours! This is because alcoholic substances and stimulants take away lots of your sensibilities and workings of the brain. This invites fatal consequences on the highways mind you!! 3: Red Light Jumping Suppose you ignored red signals in the highway and accelerated, fully negating the signal, you are sure to end up with a collision with another vehicle. Unfortunately, in that case, that vehicle pays the price of your silliness. Therefore, know and educate yourself on traffic rules!! 4: Not Maintaining The Lane While Driving If you are not following the basics of car driving, the lessons that you came across during your driving school, you know what is kept for you. Your tremulous disposition will lead your vehicle to shift the usual trajectory. Your car might get knocked from the back. You Have Met With An Accident: What To Do Now !!! You have already met with a collision. This might or might not be attributed to you. But you have already caused heavy damage to you. By this time, emotions and trauma will grip you completely. Your basic intelligence might not be functioning at that time. But it is you who needs to control yourself and make certain key steps. So learn here, what you got to do Mate !!! Step 1: Ensuring Everyone Is Safe  You need to exit from the gate by turning on your emergency flashers. This is a symbol of you in danger. You first need to call the Emergency or Non-Emergency hotline number of the Police Station to give an account of the mishap to the police. Make sure that you’re staying near your Car in case the accident is not that severe. But in case you are badly injured,  or your companion is injured, call the helpline number of the nearest hospital. Step 2: Procuring Information You need to make sure that you need to share the contact details as well as information pertaining to insurance with that the involved third party. If some other vehicles caused an accident, you will need to note down the registration number of the car and the license and vehicle-related data of the driver. Step 3: Taking Snapshots Of Your Vehicle And Filing An Fir You need to make sure that you are taking pictures of your damaged vehicle. These would help you get back money from the Insurance company. File a complaint (FIR) at the local police and be transparent with providing each and every detail of the accident to them. Step 4: Determining Insurance Coverage When you see that accident occurring at the highway is attributed to some other driver, in that  case, the driver’s insurance will cover: Your Damaged Property as well as the other driver’s Insurance-related policy limits. This might help ascertain how much the Insurance company is to pay for your losses of yours. Your insurance policy will provide  you with: Adequate protection to you regardless of whose fault it had been. This bears medical Exchanges, loss of wages, funeral expenses. Step 5: Call Your Insurance Agent Now what you need is to call your insurance agent and provide each and every piece of information to them. Do not conceal vital information. The ultimate objective of you is to ensure the protection of your health as well as your vehicle. Step 6: Call Your Attorney  Now you will need to call an attorney and ask conformations to some extremely important Questions. Post providing each and every detail you need to ask : What is your take on my case? How much do you think I can get from settlement or judgment? Do you feel that we need to go For a Trial? What factors are working for us at this juncture and what not? These are the general steps that you must take. Other than this you need to ensure that: You seek medical Information Completely avoid any Quick Settlement Understand the potential pitfalls and learn from the mishap.
Final Thoughts In order to conclude it could be mentioned that protection is better than cure. You need to ensure that your fault is negligible. If you want to attain this, you need to make yourself aware of all traffic-related rules and regulations. Your skills need to be optimum while you hit the highways. Make sure that you are adept enough psychologically and physically to react post meeting with an accident.
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frankgiunta · 3 years ago
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Application Period Opens for PACER User Group
https://frankgiunta.com/application-period-opens-for-pacer-user-group/
Application Period Opens for PACER User Group
The federal Judiciary has opened the application period for membership in its public user group that provides advice and feedback on ways to improve electronic public access (EPA) services. The EPA Public User Group consists of up to 12 members representing a cross section of people who use  the Public Access to Court Electronic Records (PACER) system to access federal court records, including representatives of the legal sector, commercial enterprises, the media, academia, government agencies, and the public. The application period is open until April 30, 2022. Interested individuals should fill out an application form and submit it to the Administrative Office of the U.S. Courts (AO). The two-year terms begin on July 1. The EPA Public User Group holds an annual, in-person meeting in Washington, D.C. (COVID-19 pandemic conditions permitting) and additional meetings are held as needed via phone conference. Meeting agendas and summaries are made available on USCourts.gov. Members will be selected by the AO based on user type, experience accessing court electronic records via PACER, frequency of usage, an account status in good standing, and a commitment to collecting additional feedback from peers. Current members of the group may reapply for a second term. Members serve no more than two consecutive terms. The group, first formed in 2020, has contributed to a variety of improvements to the Judiciary’s electronic public access services. Recommendations from the group were instrumental in the creation of a pro se user page on the PACER website, improvements in the PACER Case Locator, and raising awareness among courts of the importance of RSS (Really Simple Syndication) feeds. The newly appointed EPA Public User Group will be serving during a time that the Judiciary has undertaken a project to modernize its Case Management and Electronic Case Files system (CM/ECF) and PACER, the portal used by the public to access court records in that system.  As part of the modernization effort, the Judiciary has requested input from industry on a potential unified search capability for documents within the CM/ECF.  More information can be found on SAM.gov. PACER allows instantaneous access to virtually all documents filed by judges and the parties in all U.S. courts of appeals, district courts, and bankruptcy courts. It provides a single point of access to more than 1 billion documents housed at more than 200 federal courts. In operation for more than 30 years, PACER today has about 3 million user accounts. The legal sector is the largest group of PACER users, at 63 percent of the total. Next are litigants, who make up 10 percent, followed by commercial businesses, 7 percent, and creditors, 3 percent. Non-profit organizations and the media each account for 2 percent of PACER users. Seeking input to improve PACER services, the Judiciary conducted a survey of users in 2021. Eighty-four percent of users reported being satisfied with the service in the survey conducted for the AO by Deloitte. Overall satisfaction was highest among creditors, commercial businesses, and private investigators who use PACER and lowest among non-profit organizations and the media. The 2021 overall satisfaction rate was lower than the rate in a similar survey in 2012, when 90 percent of users reported being satisfied with the service. The decrease was attributed to a decline in satisfaction with PACER’s search functionality, which is one of the areas the Judiciary is focusing on in the modernization effort. In the 2021 survey, users were generally satisfied with new and improved services put in place in recent years. Of nine new or improved services, users said they most appreciated a central sign-on feature, making it possible to access records at multiple courts, and increased fee waivers. In 2019, the Judiciary raised the quarterly fee waiver from $15 to $30, resulting in 75 percent of users paying no fee in a given quarter. Access to case information via PACER costs 10 cents per page and the cost to access a single document is capped at $3, the equivalent of 30 pages. Litigants receive a free electronic copy of each document filed in their case, the public has free electronic access to case information at the courthouse, and judges’ opinions are available online for free. In addition, courts may exempt individuals or groups, such as indigents, pro bono attorneys, academic researchers, and not-for-profit organizations from paying the fee­­.   
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frankgiunta · 3 years ago
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Dentons advises Pyrum Innovations on dual listing on the German Stock Exchange
https://frankgiunta.com/dentons-advises-pyrum-innovations-on-dual-listing-on-the-german-stock-exchange/
Dentons advises Pyrum Innovations on dual listing on the German Stock Exchange
Global law firm Dentons has advised Pyrum Innovations AG on its dual listing on the Frankfurt Stock Exchange. Pyrum is now listed in the stock exchange’s “Scale” segment, which offers small and midsized companies access to investors and equity financing. Today’s German listing follows Pyrum’s listing in the Euronext Growth segment of the Oslo Stock Exchange in September 2021. The dual listing was accompanied by ICF Bank. Founded in 2007, Pyrum quickly developed into a pioneering company in the GreenTech sector. It is based in Dillingen, Saarland, Germany and sustainably recycles old tires with its innovative pyrolysis technology. The company develops, builds, and operates plants that recover high-quality raw materials such as oil, gas and coke from used tires, rubber and plastic waste, which are then fed back into the materials cycle. The process is energy-autonomous and saves a large proportion of the CO2 emissions normally produced during the disposal of used tires. In addition, the GreenTech company is researching on new input materials as well as on new raw materials to be produced. BASF has held a stake in Pyrum Innovations AG since September 2020 and guarantees the purchase of the thermolysis oil produced by Pyrum and its contractors. “We are proud to have had the opportunity to accompany Pyrum in this important step in its growth strategy.  Following its private placement on Euronext Growth in Oslo last year, its listing on the Deutsche Börse will expand the company’s access to the international capital markets. Pyrum’s business model exemplifies innovation in ESG, and the company is a pioneer in forming partnerships with leading manufacturers in the automotive industry,” commented Robert Michels, lead partner. A Dentons team from Frankfurt provided full legal advice to Pyrum on the dual listing and accompanying stock corporation law issues. The team also supported the company, together with Norwegian law firm Advokatfirmaet Selmer AS, in its private placement of shares in the Euronext Growth segment of the Oslo Stock Exchange (OSE) back in September 2021. Advisors to Pyrum Innovations AG: Dentons (Frankfurt): Robert Michels (Partner, lead, Capital Markets), Dr. Robert Weber (Partner, Corporate), Valeria Hoffmann (Counsel), Nadja Reiß (Associate, both Capital Markets), Greta Gauch (Associate, Corporate), Cedine Benson (Trainee).
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frankgiunta · 3 years ago
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Republican Attorneys General Sue to End Mask Mandate on Planes, Trains, and Buses - Legal Reader
https://frankgiunta.com/republican-attorneys-general-sue-to-end-mask-mandate-on-planes-trains-and-buses-legal-reader/
Republican Attorneys General Sue to End Mask Mandate on Planes, Trains, and Buses - Legal Reader
The lawsuit has garnered support from one pilots’ union, which observed that mask mandates have largely disappeared across the country. A group of twenty-one Republican attorneys general have filed a lawsuit against the Biden administration, demanding that the federal government rescind mask mandates for air travel, trains, ferries, and other public transportation. According to ABC News, the lawsuit was announced Tuesday by Florida Gov. Ron DeSantis and state Attorney General Ashley Moody. Filed in a Tampa, Florida, federal court, the complaint claims that the existing mask mandate exceeds the authority of the U.S. Centers for Disease Control and Prevention. ABC News notes that the masking rule, in its current form, is set to expire on April 18th. The rule requires “the wearing of masks by people on public transportation conveyances or on the premises of transportation hubs.” While the Biden administration has extended the rule several times, the C.D.C. has indicated that it may scale back guidance. Despite the uncertainty, Florida and other conservative-led states insist that the mask mandate must be rescinded immediately—if not by the White House then a federal court. “It is well past time to get rid of this unnecessary mandate and get back to normal life,” Gov. DeSantis said in a statement.
Former Congressman Ron DeSantis in 2017. Image via Flickr/user:Gage Skidmore (CCA-BY-2.0).Alabama Attorney General Steve Marshall, who is party to the complaint, also issued a lengthy press release explaining his reasons for joining the lawsuit. “Since the COVID-19 pandemic began, the C.D.C. has repeatedly overstepped its legal authority with impunity,” Marshall said. “It has done so based upon its flawed reliance on a limited federal statute authorizing traditional quarantine measures directly related to preventing the interstate spread of the disease.  Despite courts consistently ruling against the CDC’s ‘unprecedented assertion of power,��� including a U.S. Supreme Court ruling against the CDC in a case brought by the Alabama Association of Realtors in 2021, the CDC remains defiant,” he added. “After being called out for illegally prohibiting evictions and shutting down the nation’s cruise industry for over a year, the CDC continues to impose a mask mandate for traveling on non-private conveyances, including aircraft, trains, road vehicles, and ships,” Marshall said. “The CDC’s defiance of the law must be challenged.” Some industry-interest groups have signaled support for the lawsuit. Cpt. Dennis Tajer, a spokesperson for the Allied Pilots Association, said that the group—which represents an estimated 14,000 American Airlines pilots—is ready for the C.D.C.’s restrictive rules to be rolled back. “This is not a time for politics, this is a time for science and the science so far is showing, as we look across our communities, no matter what state you’re in, or city, we see that masks are not required,” Tajer said in a statement. “We’ve seen the CEOs of the airlines talk about this, we’re not in opposition to that and we want to get back to the business of a more normal travel experience, but no matter what the travel conditions, it must be safe, and we feel it’s safe right now.” Sources Alabama joins Florida, 19 other states in suing over federal public transportation mask rules Florida, other states challenge CDC transit mask rule
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frankgiunta · 3 years ago
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The 4 Different Degrees of Burns
https://frankgiunta.com/the-4-different-degrees-of-burns/
The 4 Different Degrees of Burns
Whether you’re at home or work, outside, or riding on a public bus, a burn injury can happen anywhere. Depending on the extent of the burn, these injuries can be debilitating, changing your life in a matter of minutes. The American Burn Association estimates that about 450,000 people are treated for burn injuries in hospital emergency rooms every year — that figure doesn’t include burn injuries treated outside hospital settings, like doctor’s offices or clinics. If you or a loved one has suffered a burn injury, you should contact a personal injury attorney immediately. Burn lawsuits ensure that you receive compensation for your injury, especially if someone else’s negligence caused it. 4 Types of Burn Injuries Burn injuries have different root causes. According to the American Burn Association, most hospital burn patients sustained their injuries: In a fire Through exposure to a very hot liquid or steam Through contact with some form of electricity such as a power outlet By being exposed to chemicals Roughly 73% of burn injuries typically occur at home, according to the ABA, with around 8% occurring at work, 5% on the road, and another 5% during recreational activities. There are four different degrees of burns, and they’re classified by category depending on how severely the skin gets penetrated. The higher the degree, the more severe the burn. 1. First-Degree Burns First-degree burns are the most common, with many people experiencing one at some point in their lives. This type of burn injury is the most superficial burn, affecting only the outer layer of your skin, or the epidermis. Causes of First-Degree Burns The main cause of a first-degree burn is mild sunburn. When you stay outdoors too long without sunscreen protection, the sun’s UV rays can burn your skin. Another example of such burns, especially in children, is scalding. If boiling water touches your skin, the heat will burn it. Imagine opening the lid of a steaming pot on the stove. If you put your hand or face too close, the steam can burn the skin. Extremely hot water during a shower or bath can burn the skin, too. Burns from electrical sockets or cords can also cause first-degree burns as can burns from exposure to flames or touching something hot. Symptoms of First-Degree Burns The symptoms of a first-degree burn include redness, pain, and possible inflammation. Generally, there are no blisters, and any long-term damage to your skin tissue is rare. Treatment for First-Degree Burns First-degree burns can be treated at home most of the time. A cool compress can help with the pain. However, make sure it is not too cold, as this can damage the skin. Also, applying aloe vera can help with pain as can honey, lotion, or antibiotic ointments. A hospital visit is generally not required. But if the burn injury is too painful or you just want some advice on how to treat it, a call or trip to the doctor may be warranted. Outlook for First-Degree Burns It can take a few days to a few weeks for a first-degree burn to heal. It all depends on the area affected. 2. Second-Degree Burns A second-degree burn happens when both the epidermis and a portion of the dermis — the layer of skin beneath the outer one — are injured. Causes of Second-Degree Burns Like first-degree burns, the causes of second-degree burns include scalding, touching a hot object, more severe sunburns, and exposure to a flame, chemicals, or electricity. These burns can be superficial or they can be more dangerous and deeper. Symptoms of Second-Degree Burns A second-degree burn will be red and there will be blisters. It will be painful to the touch and inflamed. The area itself might be white or discolored or may look wet. Treatment for Second-Degree Burns Treatment for second-degree burns can vary. If the burn is not too large or too severe, then treatment can be done at your doctor’s office or a clinic. A trip to the hospital, however, should be considered when the burn is severe, covers a lot of the body, or when there is a high risk of infection. You may need to have the burn injury cleaned and the dressings replaced frequently. Using antibiotic ointment can also prevent bacteria from infecting the wounded area. If there’s a high risk of infection or if the burn is found to have been infected, a doctor may prescribe oral antibiotics or IV antibiotics if you’re admitted to the hospital. If the burn is more severe, a skin graft — transplanting healthy tissue from one area of the body to the injured spot — may be considered. Outlook for Second-Degree Burns Second-degree burns take several days to a few weeks to heal. Deeper burns may take a bit longer. 3. Third-Degree Burns A third-degree burn destroys both the epidermis and the dermis in their entirety. Sometimes, fatty tissue is also destroyed. Causes of Third-Degree Burns The causes of a third-degree burn include scalding and exposure to fire, a dangerous chemical, or electricity. These incidents will have a more severe impact than incidents caused by first- or second-degree burns. Symptoms of Third-Degree Burns The affected area of a third-degree burn will be inflamed and discolored. The color may be white, black, or grey. It can also look charred and have a dry, leathery texture. There will not be any pain because the nerve endings, which send signals of pain to the brain, are most likely destroyed. Treatment for Third-Degree Burns Third-degree burns are more complex, dangerous, and can cause more problems than first- and second-degree burns. If you experience this type of burn injury, you should go to ER right away. The hospital can provide IV antibiotics and replace lost electrolytes. Hospital staff will also remove any dead skin and clean the burn site. Skin grafts are also an option. Outlook for Third-Degree Burns Because the epidermis and dermis are destroyed, no new skin or hair follicles will grow in the damaged area, which is why skin grafts are usually necessary. Also, because third-degree burns are more severe, you’re at a higher risk of fatal complications. 4. Fourth-Degree Burns Fourth-degree burn injuries extend to both the epidermis and dermis as well as the deeper tissues. This type of burn injury can affect your muscles, tendons, and nerves. Causes of Fourth-Degree Burns Touching a hot surface, exposure to an open flame or a building fire, or exposure to a chemical are some causes of fourth-degree burns. These causes may seem similar to the ones that cause the other burn types we’ve discussed, but fourth-degree burns are generally more severe. While unintentionally touching a candle flame can cause a first or second-degree burn, for example, exposure to flames because you were trapped inside a burning building has the potential to cause a third- or fourth-degree burn. Symptoms of Fourth-Degree Burns There’s no pain with fourth-degree burns because all of the nerve endings are destroyed. The burned site is a charred color or white. You may even be able to see bone or tissue muscle. Treatment for Fourth-Degree Burns A fourth-degree burn is a medical emergency. An ambulance should be called immediately so you can be taken to the hospital. You will receive different medications, including IV antibiotics and IV fluids. A skin graft will be needed. Physical therapy may also be needed if movement is affected by the burn. You’re at risk of going into shock from your body’s inflammatory response to the burn so you may need to be monitored. There’s also a risk of amputation with fourth-degree burns so it is important to go to the hospital right away. Outlook for Fourth-Degree Burns Fourth-degree burns are very dangerous as they affect not just the skin. They can have an impact on other parts of the body such as your muscles and other organs. According to the National Institute of General Medical Sciences, a person who has sustained burns to 90% of their body can survive, albeit with other health problems. Other Burn Types It should be noted that there are also fifth- and sixth-degree burns. Fifth-degree burns go into the muscle while sixth-degree burns go into the bone. What To Do if You Experience a Burn Injury What you should do if you experience a burn injury depends on the extent of the damage. Minor burns (the first- and second-degree kind) can be treated at home or by visiting your doctor. With these injuries, you should: Remove any jewelry or coverings near the burn. Run the burn under cool water until the pain subsides. Do not use cold water or ice — this can damage the skin. Apply a lotion to soothe any pain. Take over-the-counter medication for the pain (if you are able). Cover the area with a sterile bandage or gauge. Seek medical help if the burn does not heal or if you get a persistent fever — the latter may be a sign the burn became infected. Major burns (the third- and fourth-degree types) will require a hospital visit. If you experience a major burn, you should call 911 and get to the hospital immediately. While waiting to be treated, you should: Keep the burn area raised so that it is above the heart. Cover the burn injury with a cool bandage (never cold). Do not apply any creams or ointments. If Your Burn Injury Was Caused by Negligence, Contact Morris & Dewett Injury Lawyers Today If you experienced a burn injury through the negligence of others, Morris & Dewett Injury Lawyers can help. We have an extensive background in handling burn lawsuits, winning cases that bring our burn victims the compensation they deserve. One of our experienced personal injury attorneys will be able to assess the facts of what happened and determine whether your burn injury happened as a result of negligence. If that’s the case, you may be entitled to relief, easing the financial stress you’re likely experiencing. Don’t delay in getting the help you need. Contact the Morris & Dewett Injury Lawyers today!
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frankgiunta · 3 years ago
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U.S. Judicial Conference Celebrates 100th Anniversary
https://frankgiunta.com/u-s-judicial-conference-celebrates-100th-anniversary/
U.S. Judicial Conference Celebrates 100th Anniversary
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Over the last 100 years, the Judicial Conference of the United States has grappled with many issues: rising court caseloads and limited resources, natural disasters, public-health crises, and the safety of the Judiciary and the public. This year marks the centennial of the national policy-making body, which has helped ensure efficient administration of justice in the courts since 1922. “The Judiciary’s power to manage its internal affairs insulates courts from inappropriate political influence and is crucial to preserving public trust in its work as a separate and coequal branch of the government,” Chief Justice John G. Roberts, Jr. said in his 2021 Year-End Report on the Federal Judiciary. By statute, the Chief Justice of the United States serves as the Conference’s presiding officer, and its members are the chief judges of the 13 courts of appeals, a district judge from each of the 12 geographic circuits, and the chief judge of the Court of International Trade. The Conference convenes twice a year to consider administrative and policy issues affecting the federal court system, and to make recommendations to Congress concerning legislation involving the Judicial Branch. Last week, the Conference met in person at the Supreme Court for the first time since September 2019. The last four regularly scheduled Conference sessions took place by teleconference due to the pandemic. At its first session in 1922, also held at the Supreme Court, then Chief Justice William Howard Taft presided, and the Conference discussed court congestion caused by the increase in Prohibition cases, among other timely matters. The reports of the proceedings of all Judicial Conference sessions are available online and serve as an abbreviated history of judicial administration over the past century. “Chief Justice Taft was prescient in recognizing the need for the Judiciary to manage its internal affairs, both to promote informed administration and to ensure independence of the Branch,” Chief Justice Roberts said in his report.  “The centennial of the Judicial Conference this year represents 100 years of progress, and the Judiciary should be proud of its accomplishments. But there is still plenty of work to be done, and it will be done.” Related Topics: Judicial Conference of the United States, Judicial History
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frankgiunta · 3 years ago
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Veteran Real Estate Attorney Jerry Morgan joins Quarles & Brady Phoenix office as Partner
https://frankgiunta.com/veteran-real-estate-attorney-jerry-morgan-joins-quarles-brady-phoenix-office-as-partner/
Veteran Real Estate Attorney Jerry Morgan joins Quarles & Brady Phoenix office as Partner
The national law firm of Quarles & Brady LLP announced that Jerry Morgan, a Real Estate attorney with more than 20 years of experience both as in-house counsel and at law firms, has joined the firm’s Phoenix office as a partner. He also has significant experience providing corporate and insurance counsel to a variety of clients across industries. Morgan is the fifth senior attorney addition in the past four months to the firm’s Real Estate team, which grew 11% in the firm’s last fiscal year. Morgan represents homebuilders, developers, landlords and land bankers in complex commercial real estate transactions, including acquisitions and dispositions, due diligence analysis, and lending documents. His experience in all facets of real estate development, real estate law, commercial negotiation and insurance law enables him to provide counsel on a broad range of legal matters. He also holds an Arizona Department of Real Estate license. “Jerry brings an impressive level of experience that will enable him to quickly contribute as our Real Estate team continues to grow and expand,” said Mary Ann Murray, national chair of the firm’s Real Estate Practice Group. “Whether it’s helping us strengthen relationships with current clients or attracting new clients, his knowledge of land banking and relationships with homebuilders and national developers is a valuable addition to our team.” In addition to his past experience with law firms, Morgan has worked as general counsel for a Lloyd’s-based insurance company, as general counsel and chief financial officer for the largest for-profit hospice in Arizona, and as in-house counsel for a large regional new homebuilder. “I thoroughly enjoy the practice of law and working through complex legal issues to achieve the client’s goals and objectives,” said Morgan. “I am honored and humbled by this opportunity at Quarles & Brady and look forward to working with the team there to help to build on its impressive momentum.” Morgan earned his B.A. from the University of Texas-Austin and his MBA and J.D. from Arizona State University.
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frankgiunta · 3 years ago
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AI Software for Law Firms: Top 12 Productivity Picks - Legal Reader
https://frankgiunta.com/ai-software-for-law-firms-top-12-productivity-picks-legal-reader/
AI Software for Law Firms: Top 12 Productivity Picks - Legal Reader
Being able to sign documents remotely is also extremely useful, and saves a lot of time. What is one AI tool for law firms to increase productivity? To help law firms and professionals increase their productivity using AI software, we asked legal professionals and tech experts this question for their AI software of choice. From Google Assistant to eDiscovery, there are several intuitive softwares that may help you increase your productivity.  Here are 11 AI softwares for law firms to boost their productivity:  Google Assistant Adobe E-sign HyperWrite Luminance PCLaw Semantic Search ROSS Intelligence Alexei AI Memo Generator  Jasper.ai CARA AI eDiscovery Google Assistant An AI assistant such as Google Assistant, can make a positive difference in productivity at your law firm. It’s available on a wide variety of devices, including smartphones and smartwatches. With Google Assistant, you can schedule meetings and depositions faster and without hassle. Not to mention, with its voice typing features, your dictation gets a real boost, helping you stay on top of emails and take notes with ease. It’s all around an easy-to-use productivity tool that’s perfect for law firms. Court Will, Will & Will Adobe E-sign The best choice of tools for speeding up legal activities and avoiding human error are e-signatures. Attorneys and their clients can also avoid using documents, resulting in less paper wastage and ink. Being able to sign documents remotely is also extremely useful, and saves a lot of time. Amit Raj, The Links Guy HyperWrite AI content writers exist that sound like people. For instance, AI content writing tools now use tone. By using AI content writer tools in a law firm, the lawyers are free to spend time on a more desirable task like generating new business and helping clients. An experienced attorney is needed on these activities that increase yearly income. There are many AI content writers you can use. HyperWrite is an AI content writing tool that I can recommend from personal experience.  Janice Wald, Mostly Blogging Luminance Luminance can be a gamechanger for law firms looking for the perfect document review software. It effortlessly highlights important clauses within contracts and even points out words that could be a possible cause of conflict in the future, while suggesting suitable alternatives in its place, speeding up the process quite drastically. Riley Beam, Douglas R. Beam, P.A. Luminance is a fantastic tool that has helped over 300 law firms perform thorough due diligence more quickly than ever, thanks to its AI system that understands language as well as a human. We’ve used the tool to get immediate overviews of companies to spot potential issues that could affect contracts, business mergers, property portfolios, eDiscovery, and more. It’s a massive time saver that works well to give us peace of mind as we navigate deals. David Aylor, David Aylor Law Offices PCLaw Tech-powered solutions are the way forward since the pandemic has resulted in a shift to cut costs. An efficient AI-powered accounting system provides legal practices with a complete money management solution. With features including expense tracking, liability examination, and trust management, there are powerful tools available. For example, PCLaw. Saskia Ketz, Mojomox Semantic Search While in discovery, law firms can use semantic search tools to find similar, but differently worded, data, conversations, and legal codes faster. In doing so, law firms can reduce the time spent on research and produce more consistent results. Matthew Ramirez, Rephrasely ROSS Intelligence
Machine learning; image by Salvatore P, via Pexels, CC0.There are several AI tools for law firms to increase productivity. One popular tool is ROSS, which is an artificially intelligent legal research assistant that can help lawyers find answers to legal questions and research cases. Other AI tools for law firms include contract analysis tools, which can help review and summarize contracts, and predictive analytics tools, which can help predict outcomes in court proceedings. Natalia Brzezinska, PhotoAiD Alexei AI Memo Generator One AI tool for law firms to increase productivity is a legal memo generator such as Alexei. A legal memo generator is a computer program that takes a set of facts and produces a memorandum of law based on those facts. This can be helpful for lawyers because it automates the process of creating a legal memo. It also helps to ensure accuracy and consistency in memos, since the software will follow a set template. Additionally, it can help lawyers to find case law and other authorities more quickly and efficiently. Claire Westbrook, LSAT Prep Hero Jasper.ai Jasper.ai is an AI-powered writing tool that helps greatly with content creation. You can amplify your content marketing efforts and expedite the process of creating various documents by utilizing a subscription to this tool. It works a lot better than you might think and even comes with a built-in plagiarism checker if you’re concerned about the AI’s output. Rest assured—this is truly an innovation for writers. Stewart Guss, Stewart J. Guss CARA AI CARA A.I. (Case Analysis Research Assistant) helps you find the most on-point authorities quickly and efficiently. Using this tool saves hours of research time and finds you tailored results. Based on what it knows about your matter, CARA A.I. searches Casetext’s database for the most relevant results, then recommends relevant cases, statutes, briefs, black letter law, and more. Mark Pierce, Cloud Peak Law Group eDiscovery We’re a law firm that emphasizes diversity, so we have to ask ourselves what role does diversity play when it comes to artificial intelligence? For instance, AI is often used in security technology. A surveillance camera may use AI to analyze people’s movements and that can open the door for racial bias. Many of our clients have been wronged in some fashion by racial discrimination and whatever AI technology we incorporate must not violate our own commitment to diversity and inclusion. As for the benefits of AI in law, the first example that comes to mind is eDiscovery, a software that allows for scads of documents to be scanned, reviewed and submitted in only a fraction of the time compared to the old-fashioned way of having teams of lawyers and paralegals review the hard copies. Filings can be done faster and more accurately through the assistance of AI and that increases lawyer productivity. Alan Ahdoot, Adamson Ahdoot Law Terkel creates community-driven content featuring expert insights. Sign up at terkel.io to answer questions and get published. 
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frankgiunta · 3 years ago
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Buying A Home? 5 Reasons To Work With A Conveyance Agency
https://frankgiunta.com/buying-a-home-5-reasons-to-work-with-a-conveyance-agency/
Buying A Home? 5 Reasons To Work With A Conveyance Agency
While many experts claim that buying a house is generally straightforward, in reality, it’s not. It involves a complex process called conveyance—the act of transferring a property from one person to another, also known as the owner and buyer. Conveyance is essentially the technical side of real estate transactions, and it often involves a lot of administrative and legal work.  For that reason, you’ll find that many buyers and sellers seek help from a conveyance agency for the entire process. If you want to buy a home, you’ll be in a better position if you work with these agencies, and here’s why.
A conveyancer can be physically present during the final settlement  While it’s true that you can accomplish a huge portion of settlements online, the buyer and seller must still meet up physically at some point, typically during the final steps of the process. That’s when you hand over the paperwork, money, and the keys to the house. (1) When that time comes, the conveyance agency will be responsible for setting up a date and venue for the meeting. They’ll then send someone to accompany you physically. This gesture can go a long way in boosting your confidence if you face any issues during the meeting.
You no longer have to deal with the paperwork If you’ve ever dealt with the conveyance process by yourself in the past, you should know very well how much of a hassle it is to deal with the paperwork involved in every transaction. Not only are there a lot, but you must also fill out and review each document individually. Here’s a look at some examples of the paperwork you’ll be dealing with when buying a home: Letter of Intent: Once you’ve decided on the property you’ll be purchasing, you must create and send a letter of intent to the seller/owner. This document outlines your tentative terms and conditions regarding your pricing and financing details. If the seller agrees with the transaction, they’ll sign the document and send it back to you. Contract of Sale: If the letter of intent contains the tentative terms and conditions, the contract of sale is where you’ll find the final terms and conditions. The seller will only issue this once you’ve provided the down payment you’ve agreed upon during negotiations. Deed of Absolute Sale: The deed of absolute sale is issued to you once you’ve finally settled the transaction. At this point, the seller would have already transferred ownership of the property to you. Tax Declaration: As the name suggests, the Tax Declaration is essentially a document that declares you as the one responsible for the tax obligations on the property you have just bought. (2)  A conveyance agency basically deals with all the paperwork so you don’t have to. Of course, they may require some input from you every now and then, but they should be your point of contact at this stage of buying a home.   A conveyance agency will conduct searches for you In the real estate industry, you’ll find people often use the term ‘search.’ As the name suggests, this refers to the act of finding specific information pertaining to the property. (3)  Below are some examples of searches that buyers often perform: Local authority search (LAS) is when you look for information on nearby planning works, road schemes, contaminations, and other plans that may affect the nearby area.  Drainage and water search aims to find out the location and structure of all drainage systems found near the property.  Environmental search looks for issues such as subsidence risk, flood risk, and the like.  Mining search finds info on old tunnels that may be running beneath the property. (3)  These searches can help buyers determine if the house is indeed up to their standards. But as one might imagine, this takes an awful lot of time to complete. Fortunately, that’s also one responsibility of conveyance agencies—they conduct searches for you. 
You no longer have to register your ownership yourself Once you buy the house, you’ll have to register your ownership on the Land Registry. This can take from four weeks to nine months. Of course, you will spend the majority of this time waiting, but you also have to go to their respective offices yourself. As you may have guessed, a conveyance agency can also do this for you. (1)   They can advise you regarding the Contract of Sale  The Contract of Sale is perhaps the most complex document you’ll have to deal with when buying a home. As stated earlier, it consists of the final terms and conditions by the seller.  One mistake buyers often make is signing the contract of sale immediately upon receipt, but that’s not advisable. This is because sellers can include a clause that can be unfavorable for you. For example, the contract may have a clause stating you’d only be able to seek finance from a specific lender the seller outlines in the contract. Naturally, this will place a restriction on your ability to borrow from the lender of your choosing. This inability to choose lenders can be bad news for most buyers, especially if you already have one in mind. A conveyance agency essentially prevents you from falling into such traps, ensuring all clauses included by the seller in the contract won’t put you into an unfavorable position. 
Wrapping up  A house purchase involves a lot of legal and administrative work for both the buyer and seller. That’s why hiring a conveyance agency is always an excellent idea. But it’s also important to note that some delays or issues may be out of the conveyancer’s control. So as much as you’d like to have a smooth transaction, it’s often not going to happen.
References “10 Steps to Buying a Home”, Source: https://www.discover.com/home-loans/articles/10-steps-to-buying-a-home/ “The Documents You Need to Buy a New Home”, Source: https://www.legalnature.com/guides/documents-you-need-to-purchase-your-new-home “What are ’Searches’ when buying a house?” Source: https://www.coseyhomes.co.uk/news/searches-buying-house
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frankgiunta · 3 years ago
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Reckitt, CPSC Issue Recall for Airborne Gummy Vitamins Over Safety Concerns - Legal Reader
https://frankgiunta.com/reckitt-cpsc-issue-recall-for-airborne-gummy-vitamins-over-safety-concerns-legal-reader/
Reckitt, CPSC Issue Recall for Airborne Gummy Vitamins Over Safety Concerns - Legal Reader
Reckitt and the CPSC recently announced a recall for certain lots of Airborne gummy vitamins that may pose a safety hazard. With allergy season drawing near and the seasons beginning to change, many people are stocking up on allergy meds and immune-boosting vitamins. Unfortunately, one popular vitamin is being recalled. According to the Consumer Product Safety Commission (CPSC), about 4 million bottles of Airborne Gummies are being recalled “because the cap may fly off and injure people when opened for the first time.”
Warning Sign; image courtesy of Peter-Lomas via Pixabay, www.pixabay.com The fruit-flavored vitamins were sold nationwide. When commenting on the matter, the manufacturer, Reckitt, noted “pressure can build up inside the bottles, causing the seal to pop off with significant force.” So far the company has received “70 reports of the cap or seal popping off the bottles, including 18 reports of minor injuries and one report of an eye injury that required medical attention.” For now, consumers are being advised not to open the bottles. Instead, they can return the vitamins for a full refund. It’s important to note that already opened bottles are not part of the recall because once opened, “they would have released any pressure buildup and therefore no longer pose a hazard.” The vitamins were sold nationwide at Costco, CVS, BJ’s Wholesale Club, Kroger, Sam’s Club, Walmart, and online at Amazon and www.schiffvitamins between May 2020 and February 2022. At the moment, the recall only includes the “63- and 75-count bottles of gummies sold in blueberry pomegranate, orange, and assorted fruit flavors.” If you have questions or concerns about the recall, contact customer service at (888) 266-8003. Sources: Airborne Gummies recalled because caps may fly off bottles 63-count and 75-count Bottles of AIRBORNE® Gummies
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frankgiunta · 3 years ago
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Judges Tell Congress That Workplace Conduct Strategy Should Continue
https://frankgiunta.com/judges-tell-congress-that-workplace-conduct-strategy-should-continue/
Judges Tell Congress That Workplace Conduct Strategy Should Continue
Testifying to a House subcommittee about workplace conduct, two federal judges said that “the Judiciary’s process for protecting employees is demonstrating its promise and should be given time to build upon the significant strides made to date.” Judges M. Margaret McKeown and Julie A. Robinson testified before the House Judiciary Committee’s Courts, Intellectual Property, and the Internet subcommittee. McKeown, of the Ninth Circuit U.S. Court of Appeals, and Robinson, of the District of Kansas, both are members of the Federal Judiciary Workplace Conduct Working Group. In written and oral testimony (pdf), the judges detailed the Judiciary’s strategy for ensuring a safe and respectful workplace. And they outlined nine new recommendations by the Working Group to build on previous work by the Judiciary. “While many protections and procedures have been improved, the Judiciary’s work is not done,” the judges wrote. “The Working Group has proposed additional recommendations that would strengthen policies and procedures, expand communication and training, and improve our measurement of progress.” The Working Group’s recommendations, unveiled in a report released this week, call for a national climate survey of Judiciary employees to assess the effectiveness of workplace conduct measures. The Working Group also recommends that the Judicial Conference assess incorporating additional monetary remedies for complaints involving workplace conduct. And it recommends that employment complaints filed in one court be overseen by a judge from a different court. The Working Group was formed in January 2018, shortly after news reports identified sexual harassment in a wide array of workplaces. The Judiciary adopted more than 30 recommendations made by the Working Group, and courts across the country have been implementing those changes. Federal courts have created multi-layered channels for reporting workplace misconduct, and the judges testified that Judiciary employees can receive guidance and assistance within their court; from Directors of Workplace Relations, who are workplace-conduct experts at the circuit level; or from the national Office of Judicial Integrity. Employees can seek informal or assisted resolutions while preserving the right to file formal complaints. Judiciary policy and Codes of Conduct also were strengthened. For instance, prohibition of abusive conduct was added to longstanding protections against discrimination and harassment. And confidentiality policies were clarified to remove potential barriers and encourage reporting of workplace misconduct. Workplace training has been greatly increased for all employees and judges.  “These improvements are a result of leadership – a key imperative for creating a safe workplace,” the judges wrote. “Engaged leadership by chief judges and the heads of each court unit sends a powerful signal to our community that everyone must support a safe and civil workplace.” McKeown and Robinson expressed concern about features of the Judiciary Accountability Act, a bill pending in Congress. They said the bill’s reliance on a national commission to oversee workplace issues might impede reporting of possible misconduct. “The JAA removes avenues for reporting misconduct, possibly discouraging reporting,” the judges said. “Some employees might be hesitant to report misconduct to a national, centralized entity, rather than within the familiar ambit of their particular court or circuit.” The judges said the Working Group’s strategy is a better fit for the Judiciary than overseeing all workplace conduct issues through one nationwide office. “We have established a system that empowers employees to seek advice and guidance from experts at the local, regional, or national level, and empowers them to seek resolution through informal advice, assisted resolution or a formal complaint procedure,” the judges wrote. “This is more likely to be used and to be more effective than a single national oversight body.” “Solutions that work must account for the unique needs and governance of a particular workplace, which for the Judiciary includes a dispersed, regionalized structure,” they added. They also said a national commission, accountable to Congress and the Executive Branch, could disrupt the delicate balance between the government’s three branches. “By inserting Congress and the Executive Branch within internal Judiciary governance,” they wrote, “in the form of a Commission with vast reporting and investigative authorities, including subpoena powers, appointed by and in continual communication with the political branches, the JAA creates a risk that it could be used by the political branches or others to influence, intimidate, harass, or punish judges, or could target its investigative resources at judges based on their decisions, perceived political affiliations, or the party of their appointing president.” The Judges concluded their testimony by urging that the Judiciary’s system be allowed to remain in place and continue to take root.  “Making premature or sweeping changes could undo several years of steady improvement,” they testified, “with no assurance that alternatives would lead to an improved workplace, more reporting, greater employee trust, or more effective responses to complaints.”
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frankgiunta · 3 years ago
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Why Tired Drivers Are Just as Dangerous as Drunk Drivers
https://frankgiunta.com/why-tired-drivers-are-just-as-dangerous-as-drunk-drivers/
Why Tired Drivers Are Just as Dangerous as Drunk Drivers
Here’s How Fatigue Impairs Motorists’ Abilities to Safely Operate VehiclesLike alcohol, fatigue can be incredibly impairing and deadly. In fact, on average, about 18 people are killed every day by drowsy drivers (source: NSC). And experts say those numbers are likely way off, with drowsy driving deaths more likely about 350% greater than what authorities report. As scary as that it is, understanding the problem can be the first step to combating it. Why Driver Fatigue Is So Dangerous Drowsiness and fatigue can impair motorists’ abilities on multiple levels, causing: Misperceptions of their surroundings: Fatigued drivers are far more likely than well-rested motorists to overlook or misinterpret critical aspects of their driving environments. That could mean not seeing brake lights or taking cues from the wrong traffic signals, for example.  Riskier decisions: These choices can impact anything from timing and speed to deciding to drive while drunk and drowsy.  Performance errors: Fatigue can cause drivers to mishandle vehicles by overcompensating after making a turn or failing to stay within a lane of traffic.  Delayed response times: Tired drivers are slower to respond to changes in their driving environments. Even delays of just a few seconds can be enough to cause a drowsy driving accident. These impairments are similar to those experienced by drunk drivers. That’s why authorities have pointed out that (sources: FMCSA & Sleep Foundation): Driving after 18 hours with no sleep can cause impairments similar to driving with a blood alcohol concentration (BAC) of 0.05 — that’s over the legal limit of 0.04 for commercial truck drivers.  Driving after 20 hours with no sleep can be like driving with a BAC of 0.08 — that’s double the legal limit for commercial truck drivers.  Driving after 24 hours with no sleep is akin to driving with a BAC of 0.10. Acknowledging and hoping to prevent these dangerous, authorities have established hours-of-service (HOS) rules for truck drivers. Those rules limit driving time, require certain rest periods, and mandate specific documentation to verify compliance. Despite these HOS rules, however, many truckers and motor carriers make the dangerous choice to skirt regulations and allow drowsy driving. Drowsy Driving Facts & Statistics The following driver fatigue statistics paint a clear picture of this issue, revealing how often drowsy drivers are taking risks and crashing (sources: FMCSA, NHTSA, NSC & Sleep Foundation): When you are fatigued, your crash risk triples. In other words, you’re three times more likely to be in a traffic accident when you’re drowsy. Sleeping 6 to 7 hours a night doubles your crash risk. If you’re sleeping less than 5 hours a night, your crash risk doubles again. About 1 in 25 drivers admits to falling asleep at the wheel within the past 30 days. About 13% of truckers are considered “fatigued” when 18-wheelers crash. Each year, drowsy driving causes more than 90,000 traffic collisions and 50,000 injuries. Most drowsy driving accidents happen between midnight and 6 a.m., which is when the body’s circadian rhythms naturally dip. About 50% of drowsy driving crashes involve motorists under the age of 25. Drowsy driving accidents cost Americans about $109 billion annually, and that does not include the costs associated with damaged property. Who Has the Greatest Risk of Driver Fatigue? Professional or commercial drivers, like truckers and bus drivers, typically have the greatest risks of experiencing drowsiness behind the wheel. Other risk factors for drowsy driving and driver fatigue include (and are not limited to): Sleep disorders, like sleep apnea Driving at night Alcohol use Some medications How to Avoid Drowsy Driving Accidents: 5 Tips You can’t control other drivers, but you can take action to protect yourself and remain responsive to your driving environment. Here are some of the best ways to minimize your risk of drowsy driving accidents: Get enough rest: The average adult needs about 7 to 9 hours of sleep every night.  Pay attention to your surroundings: You never know when you’re sharing the road with drowsy drivers, so stay alert and pay attention to the motorists around you. If they seem to be erratic behind the wheel, do your best to move away from them in traffic.  Know the symptoms of driver fatigue: Heavy eyelids, tunnel vision, and head bobbing are all telltale signs of drowsiness in drivers. If you start experiencing these symptoms, it’s probably a good time for you to get off the roads.  Don’t fight fatigue behind the wheel: The only antidote to drowsiness is resting, so if you do feel fatigue coming on, find the nearest rest stop and pull over there. Consider taking a nap if you need to.  See a doctor (if needed): If you’re experiencing driver fatigue even though you’re getting at least 7 hours of sleep a night, you could have a condition like sleep apnea. If you do, treating that condition can be essential both to your health and your ability to get a good night’s rest. It’s up to drivers and the companies that employ them to be proactive about road safety and do their part to reduce the risk of drowsy driving accidents, which are 100% preventable. Who Is Liable for Drowsy Driving Accidents? Tired drivers can be just one party that’s liable for the drowsy driver accidents. Depending on how the crash happened and who was involved, other liable parties could include (and may not be limited to) negligent: Motor carriers: Did trucking companies’ scheduling or policies contribute to driver fatigue? If so, these motor carriers can be liable for 18-wheeler wrecks caused by trucker fatigue.  Vehicle equipment makers: Were defective or faulty components on the truck and/or other vehicles partly to blame? If so, these parties can share liability for a crash. It can be difficult to know if driver fatigue is a factor in a crash and who, aside from the tired driver, may be liable. When it’s time to figure out these and other key issues about a potential drowsy driving accident claim, it’s time to contact an experienced attorney.
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frankgiunta · 3 years ago
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Best Pens For Lawyers: 15 Great Pens to Choose From
https://frankgiunta.com/best-pens-for-lawyers-15-great-pens-to-choose-from/
Best Pens For Lawyers: 15 Great Pens to Choose From
The ideal contract-signing fountain pen, much like legal opinions, tends to vary from one lawyer to another. So, we took the time to sample numerous options and have narrowed them down to 15 stellar pens that suit a broad variety of writing styles and needs.  Let’s look into them, shall we?  These pens can be purchased from Goldspot.com! Pilot Metropolitan The Pilot Metropolitan fountain pen delivers class and efficiency on a budget. It has an impeccable lacquer finish with stainless steel trims that would stand out in any room.  Its brass body is great for durability but also makes this pen a bit heavy. Still, the weight is not uncomfortable as it balances fairly well.  The fine nib would be ideal for clear signature lines but you could always opt for the medium or broad nib options too if you please. The pen comes with a Pilot ink cartridge and converter for refills. Waterman Hemisphere The Waterman Hemisphere could be the pen for you if you are on the hunt for a light writing instrument. Its sleek metal body has a slim barrel and weighs only about 24 grams thereby making it easy to wield. You can also use the pen unposted to make it even lighter. Waterman Hemisphere nibs are available in fine and medium. The ink delivery in both is smooth and does not overflow. So, either choice could serve you well. The pen can be refilled using either an ink cartridge or a converter.  Waterman Expert True to its name, the Waterman Expert may be a great pen choice if you have used fountain pens before. It is slightly heavier and has a thicker barrel. It may, therefore, require just a touch more experience for you to use it with ease.  The comfortable grip section and the firm stainless steel nib make for sturdy penmanship. Even the medium nib that runs a little wet still delivers legible strokes on standard paper.  Matte Black Forest Fountain Pen The Matte Black Forest fountain pen is made of stainless steel. The matte black finish gives it a sophisticated look and a non-slip feel that makes writing (even for long sessions) quite steady and comfortable.  This budget pen glides along well on paper without bleeding or feathering. The 0.5mm nib, in particular, comes highly recommended. The weight and dimensions of the pen are also remarkably balanced. They make it a delight to use for almost any kind of writer.   Beiluner Luxury Fountain Pen The Beiluner Luxury fountain pen may stand out for you if you prefer pens with refined eye-catching finishes. It has a silver stainless steel body accentuated with contrasting trims and an outstanding 24k gold plated nib.  The iridium nib is steady and delivers a consistent flow of ink. It achieves fairly even strokes (despite it being medium size) and is fed by an ink converter. The converters are available in 0.5ml and 0.85ml just in case you plan to use your phone for longer spells.  Notably, this pen’s design is optimized for both right-handed and left-handed writers which is something that not all other pens offer. Sailor Professional Gear The Sailor Professional Gear line of pens offers an abundance of options. It is available in a variety of color choices from black to ivory and more with silver or gold trims. In terms of functionality, you can opt for the king-size, regular, or slim size based on whichever pen dimensions you prefer. The selection of nibs is also more diverse and includes extra-fine, fine, medium, broad, zoom, and music options.  If all the choices seem overwhelming, the regular size with a medium nib is often a winning combination for most people. It is easy to handle and the medium nib delivers definitive writing strokes almost as though you are using a fine nib.  Pilot Namiki Falcon Namiki is a high-end brand of fountain pens that live up to their price. The Pilot Namiki Falcon earns its place on this list because it strikes a great balance between top-notch features and value for money.  It has a medium-size barrel that is neither too light nor too heavy and balances well whether posted or unposted. The 14K gold-plated nibs are available in flex and firm options as well as fine, medium, and broad sizes. Ink flows quite well on all nib designs but the flex and broad nibs are a bit of an acquired taste.  Kaweco Dia 2 The Kaweco Dia 2 is a classic pen that is simple yet suave and dependable at the same time. It has a compact and light acrylic body but its stability and durability are enhanced by its aluminum components. You can fill the Kaweco Dia 2 using a converter or an ink cartridge. Its superior steel nibs provide an easy flow of penmanship with no scratchiness. The nib sizes go as high as a double broad but the fine and medium sizes may allow you to write more freely. Montegrappa Fortuna Silver The Montegrappa Fortuna Silver could be an ideal everyday writing companion. Its stainless steel body is resilient and its finishes are not prone to chipping.  The weight distribution on this pen is even and unlikely to tire you even if you have a mountain of admin paperwork to authorize. The barrel and grip section sizing is also carefully designed to keep your hand comfortably poised.  Montegrappa Fortuna Silver nibs are firm but deliver very measured strokes. A medium nib, for example, may write like fine nibs from other pens. So, where possible, it is advisable to test a few nib sizes before settling for one. Mont Blanc 146 The Mont Blanc 146 a.k.a the Montblanc Meisterstück Le Grand is the kind of pen you gift yourself for making partner or winding up a game-changing matter. It is a pricey but efficient fountain pen.  The barrel is made using resin and has gold-plated trims. Its grip section takes some getting used to but it is much easier to adapt to than that of the much thicker Mont Blanc 149.  The filling system is a piston converter. It feeds a 14K gold-plated nib with a silver-plated in-lay which is offered in extra-fine to oblique broad sizes. Any pick between fine and medium may be a safe bet in terms of helping you achieve legible penmanship. Especially in situations where you may not have control over the quality of paper. Aurora 88 The Aurora 88 is a superbly designed pen with understated elegance.  The grip section of this pen has a raised lip and a streamlined shape that takes to fingers like oars to a boat. You can also order the pen in a matte finish for an enhanced non-slip grip. Aurora 88 nibs are made of solid rose gold and are adorned with signature Aurora markings that gleam as you write. They dispense ink very efficiently and so you could achieve well-defined strokes with a medium nib. To top it all off, the pen has an ink window to help you keep track of when to refill the pen.  Platinum 3766 The Platinum 3766 would be a good compromise if you fancy pens like the Mont Blanc 146 but do not want to splurge. However, it still offers the cigar shape, some heft, and good weight balance Platinum pen caps have a slip and seal feature that keeps nibs from drying. As such, this would be a good writing instrument to keep if you tend to type more than you write.  On nibs, the extra-fine and fine nib options can be a bit scratchy. So, the medium nib may be a better fit if you prefer smoother, slightly wetter penmanship.  Sailor 1911 The Sailor 1911 resembles the Sailor Pro Gear but could be a much better pick if you prefer a slightly longer and weightier pen with the same comfy girth. This pen comes with a cartridge and converter. It has an engraved 14K nib which, like most Sailor pens, has a medium nib that writes like a fine nib. This is not a bad quality rather just something you may need to be aware of as you choose a nib.  Pelikan M400 The M400 is another top contender for an everyday pen that is both dependable and envy-worthy. It is light, compact, and has a beautiful finish with a tortoiseshell pattern.  Posting this pen gives it just the right length and back weight to enhance your writing experience. As expected of Pelikans, the ink flow is superb and the nibs are of great quality. You may also enjoy the freedom to switch the M400 nibs with those of previous Pelikan fountain pens like the M120. Lamy 2000 One of the most common words used to describe the Lamy 2000 is ‘workhorse’ and it certainly fits the bill. It is possibly one of the top fountain pen options that you can keep in your briefcase for day-to-day use. The minimalist design of this pen focuses more on function than pomp. It has a slender-ish girth that handles well and allows you to write with no fuss. The larger ink capacity equally comes in handy if you need to write for long durations. The Lamy 2000 nibs are of good quality but you may want to consider the fine nib as it takes to paper generally better than the medium or the broad.  To Sum It Up The beauty of fountain pens is that no matter what your writing style or budget is, you can certainly find a pen to match your needs. So, take the leap and discover a whole new world of writing experiences. 
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