Archive for October, 2009

A real home based Internet business has to comply with the same legal regulations as an Internet business from any other location. Here are the basic legal issues with which a real home based Internet business owner must be familiar.

The first issue, and a real concern for any home based Internet business is the restriction based on age. The U.S. Federal Trade Commission (FTC) follows the regulations spelled out in COPPA, the Children’s Online Privacy Protection Act, and requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under the age of 18 cannot be allowed to view adult content on the Internet, nor can they enter into any contract.

Real time occurrences on the Web, such as chats, must be controlled by the home based Internet business owner. Bulletin boards would have the same control issues. The rules of using each should solicit and retain the consent of each online user to refrain from posting pornography, defamatory material or anything that infringes on others’ rights. Your company should also clearly state on its site that you are not liable for other users that commit to following your policies and guidelines but subsequently violating them.

To make real your ownership of all property and content on your home based business Internet site you’ll need a copyright notice on the site’s footer. The notice should have the date and your name and the statement “All rights reserved.” A real copy of your home based business Internet site should be field with the U.S. copyright office. This will effectively record ownership of the contents of the site, as well as its look and its feel.

Your site’s domain name is an important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. Register your domain name as a trademark and you can retain ownership should it be challenged by another business.

If your site is on the World Wide Web then you must comply with export regulations. If you sell goods over the Internet to these global consumers then you are exporting items for sale and entering into international countries. If your site is encrypted then you are exporting to other countries U.S. Department of Commerce and Defense technology. There are many U.S. federal agencies that have regulations in force for doing business with other countries, and the times and circumstances that require a firm to get an export license to send information, technology or goods abroad.

There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia. The best decision about the real problems you might encounter for your home based Internet business doing business with these countries and/ or its residents should be made with your attorney.

Source: http://www.entrepreneur.com/ebusiness/operations/article60918.html

Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.

An Attorney is somebody legally empowered to represent another person, or act on their behalf.

A Lawyer is somebody who can give legal advice and has been trained in the law.

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney…

Look again at the above definitions, does it now make any sense? Off course it does.

An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King’s (Queen’s) counsel.

A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didn’t argue it.

Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.

Lawyers types:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

The more detailed aspects of a lawyer’s job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients’ interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property, helping to protect clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.

Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or criminal—which may have an impact extending well beyond the individual client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created “specialties” according to business profitability. This is how terms like Vioxx Lawyer, DUI Attorney, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.