Legal Issues of Electronic Messaging

Electronic mediums lend themselves to informality. When people forget that electronic messages are actual records of communication that can be used in court, this can lead to serious legal trouble. Whether it’s an email or a Facebook comment, electronic messages can be used in legal disputes in the same way that paper records have been used in court for decades. >

Electronic Messaging at the Office
It’s never a good idea to mix personal uses with company email systems or electronic message boards. Tracking whether an employee is using email for personal use instead of working is harder than, say, tracking whether he’s using the company phone for personal use. But using company electronic messaging systems for informal purposes can make employees careless. Gossiping via email can lead to libel and harassment issues that can escalate to serious legal disputes.

Employer Liability
It’s important for employers to put in place a solid electronic messaging policy. Outlining the proper uses of company electronic messaging systems and drawing a clear line between work and personal uses will save companies a lot of trouble in the future. It’s important for both employees and employers to remember that just because you erase a sent email, it does not mean that that email cannot be retrieved. Any legal liability that can result from a written paper document can also result from an electronic message. Furthermore, third parties can seek legal action against an employer as a result of the electronic messaging activity of the company’s employees. These activities may include libeling a rival company or violating spam laws. Electronic messages can also be used as evidence in sexual harassment suits and cases involving workplace slander and discrimination.

Enforcement of Foreign Judgments in Belize

Executive Summary We advise our clients who have asset protection issues to use a Belize Trust. The assets of a Belize Trust are immune from the decisions of a foreign court. This includes, bankruptcy courts, family courts, civil judgements and fraudulent conveyance allegations. Anything the foreign (Non Belize) court does is irrelevant when it comes to Belize Trust Assets contained in Belize. The catch all that lawyers like to use is the fraudulent conveyance allegation. They sometimes get the home country court to make a ruling that there was a fraudulent conveyance. Any order, decision, ruling, etc. from a foreign court is a big zero when it comes to the Belize Trust in that it has no legal value concerning Belize Trust assets. When one opens a bank account in Belize using a Belize Trust the banks tend to force issues regarding trust paper work to weaken the trust. So we do not have the Belize Trust open the bank account to preserve the privacy and asset protection value of the trust. What we do is use a Belize Corporation or other corporation from another country to open the bank account. The shares of the corporation are then titled to the Belize Trust and this is documented. This makes the corporation and corporate bank account property of the Belize Trust and thus immune from the decisions of a foreign court. Any such judgments from a foreign court cannot be domesticated or enforced in Belize against Belize Trust Assets. This is the only Trust that has this provision. No other trusts have a statutory exemption against fraudulent conveyance allegations. We will review some conditions for collecting a foreign judgement if the assets are not owned by a Belize Trust, just a regular corporation. If the assets are owned by a Belize Trust they are safe so there is nothing further to talk about.
Belize Corporation Bank Accounts One needs to remember that a personal judgment is not a judgment against a corporation. These offshore corporations legally in the eyes of the law have their own separate liabilities and assets. They are separate and distinct judicial persons. Just because you own the stock, it does not mean your debts transfer to the corporation. The ownership of these anonymous bearer share corporations is not recorded in any public registry or database. It is not easy for a creditor or financial enemy to submit evidence to the court to establish ownership. Even if ownership was established there are a number of other obstacles facing your financial enemies.
Foreign Judgment Reciprocity Belize will only recognize the judgments of a country that recognizes their judgments in their own courts on an equal basis with the way Belize treats their judgments. They tend to favor British Colonies in this regard. Other conditions that must be met to enforce a judgment in Belize follow:
Judgment has to be no older than six years.
Judgment must be final. Time for appeals has expired.
Judgment needs to be from a Superior Court of the country. Municipal court judgments may be difficult or impossible to enforce.
The court had correct jurisdiction over the matter.
The matter was not previously and correctly decided in another court.
The debtor was duly served according to the laws of that country and had ample time to respond.
If the plaintiff and defendant had an agreement to settle disputes in a matter differently than using the court that issued judgment, then the judgment may be not admissible in Belize. Thus the two parties may have agreed that proper venue would be country B, yet the plaintiff sued in country A. The agreement may have called for arbitration yet the plaintiff just sued. This sort of thing could cause the denial of the judgment.
If the judgment is for a fine, penalties or taxes it might be disallowed.
Summary It is most difficult to litigate against an offshore corporation where the underlying debt is against a person or another corporation. If you use a Belize Trust you become safe from the decisions of any foreign court including fraudulent conveyance as long as the assets are contained in Belize and thus under Belize law. In any event the conditions required for a judgment to be enforceable in Belize can be onerous and expensive from the perspective of a judgment creditor. Lawyers in Belize and the country of the judgment would be needed and double legal billing gets costly right away. If the debtor realizes there is a pending action he will remove the assets from Belize right away which thwarts the efforts of the creditor and the money he has spent is wasted. This is something not seen very often.

Personal Injury – Injuries Abroad

If you are involved in an accident abroad you may be able to claim something back for the injuries caused. If you are claiming for a personal injury compensation claim, the accident that occurs abroad must not have been your fault. Therefore it is important that a expert solicitor is hired to ensure that all the evidence is brought together to prove that you were not at fault, after this you will be able to claim for compensation.

If you are working abroad and an accident has occurred whilst in the course of business, your employer would be liable and it will be possible for you to claim a personal injury compensation claim. You should hire a UK based solicitor based, so long as you are employed by a company that is also based in the UK at the time of the accident, or your employer’s registered office or place of business is located in the United Kingdom. This would mean that your claim would be treated as if you were claiming for damages had the accident occurred at work. If your situation is that you are working for an employer who is foreign or a foreign organisation, it will be vital to seek specialist legal advice in order to understand the best possible options available to you for pursuing compensation.

If the accident occurs whilst you are on holiday abroad, it would be best to hire a personal injury solicitor from the UK. They will be able to claim against the holiday company if the holiday was booked as a package deal through travel agents in the UK. Therefore the accident would need to be the fault of the travel agent or their representatives, such as hotel staff.

China’s Legal Environment For Foreign-owned Enterprises– On The Perspective Of Foreign-owned Enterp

As we know, legal environment plays an important role for investment environment, and is also a necessary factor of attracting potential foreign investors. In this case, it has become an essential indicator for improving investment environment in China. Since reform and opening up of China, a series of foreign investment law was published during 1980s to build a legal system of foreign investments. “Law of the people’s republic of China on foreign-owned enterprise”1 and “the law of foreign-owned enterprise implementation regulations”2are parts of them. As a mount of foreign-owned company established in China in last century and China joined in WTO in 2001,”Law of the people’s republic of China on foreign-owned enterprise”and its implementation regulations have been amended in 2000 and 2001 respectively to adapt to the new changes in economic circumstances. Thus a free and open legal environment for foreign enterprises has been improved initially. For example: the enterprise’s obligations of exporting3 and reporting the production plan4 were canceled, which was stipulated in the old foreign-owned enterprise law. Moreover article of “the priority to buying Chinese raw materials and fuel under the same conditions5” was removed either, in order to esteem business autonomy; articles contrary to the provisions of the stipulation of WTO were deleted as well, including “balancing own foreign exchange”6, “requirement for local materials” , “requirements for exporting implementation” etc.

Though the new foreign-owned enterprises law considered more about the new economic situation, there are still some incomplete aspects which restrict the foreign-owned enterprises to go further in China market. Meanwhile, several conflicts are arising between new “company law”, which was published in 2006, and foreign-owned enterprise law. Those problems all affect the development of foreign-owned enterprises in China. From this point of view, this article will analyze the drawbacks of foreign-owned enterprise law and the effect of them on China’s legal environment:

1) Implementing issues of foreign-owned enterprise law.
Firstly, the amendments for “foreign- owned enterprise law” and their implementing regulations in respect of procedure matters were not enough; therefore, the fact that to set up a foreign-owned company would experience eventually a very complex, long and inefficient process, has not been changed fundamentally. Under the current regulations, the basic formation process includes the following steps: (1) Submit the application to the government of county level or above the county level where the foreign-owned enterprise will be established, and deliver relevant documents. (2) Submit the application through the above government to the approval authority for approving the establishment. (3) Registration in the industrial and commercial bureau. (4) And other related registrations. The completed process not only links many departments, but also requests for submitting a variety of written materials. The whole process usually makes potential foreign investors too confused to continue the investment. Finally, the enthusiasm of foreign investors is weakened badly. Fortunately, all levels of government have stood on the front line of attracting investment, and taken various measures to improve the investment environment to promote investment practically. At the same time county, district, development areas have been authorized to approve the project directly through various forms. Above all, it is absolutely significant and possible to simplify the procedures of foreign-owned enterprise establishment.

The Characteristics to Look For in a Divorce Attorney

After all the basic proceedings and other formalities of a marital breakup, a good divorce attorney is needed. Thus, it is vital to start looking for the most excellent San Diego Divorce Lawyers as soon as possible. To find such an expert it is necessary to look for the important characteristics that one should have, in order to achieve optimistic outcome. Below are a few factors that are found in common in some of the best San Diego Divorce Attorneys.

Knowledge, Skills and Practice:

Knowledge, skills and practice, are all the 3 aspects that are always present in an experienced lawyer or attorney as it proves their capability and power of handling different types of cases. Therefore, looking for an attorney that is much more experienced with cases similar to yours will do the trick for you. Because they are much familiar of those cases and there are more chances of better case handling with such lawyers than the others. There are many lawyers who are greatly competent in spousal support cases but the same lawyers are incapable of conducting property division cases. It completely makes sense; therefore, it is vital to search for the right experts.

How Personal Injury Lawyers Toronto Can Help You

Accidents are common these days whether the negligence is on our part or another persons. Even due to small accidents, we had to face huge amount of losses whether in terms of vehicle damage or damage to our body. To combat these huge losses insurers came up with their insurance policies in the forefront. Nevertheless, as time has been passing by these insurers have been cheating upon common people. They fool people and do not reimburse their losses, which is their prime activity and it was their motive.

Our Introduction
Being a boutique law firm, we specialize in plaintiff side personal injury litigation. If you have been injured badly because of the other persons mistake, you can file a case against him. In such a case, the damage may be short-term or long-term (permanent). You need personal injury lawyer Toronto to help you deal with it. The lawyer will guide you through the legal procedure and in getting the benefits in the form of claims.

Costs Involved
You do not have to invest any money while you discuss about your spinal cord injury or any other minor to any major injury and its insurance problems. We understand that our clients are already suffering from a lot of problem due to their car or pedestrian accident so we do not charge anything from them. Our car accident lawyer Toronto looks into the matter and find out the faults of the insurer. If we are successful in recovering money for our clients from the insurers who had cheated them then only we are paid.

The Important Challenges Every Person Have to Know Concerning Internet Movie Resources

Scores of new movies are released each year because movies entertain us in a special way. A man or woman is wants a decent collection of top movie hits. This is a way to sit and relax with friends and family as well as enjoy the pleasure of watching movies. The movie listing will be extensive, because we all like our favorite genres.

DVD disc are flimsy and typically have a short shelf life. People today are looking for movies storage devices to contain their movies and enjoy the movie when they are relaxed. New programs make it easy to download movies. Online movie providers make it as simple as clicking just a few buttons and surfing their database.

Look around on the internet at the various packages before making up your mind. People generally stick with a few leading software packages. Companies have all kinds of packages that will be around to answer any questions you may have. A lot of movie sites include quick burning modules for movies.