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How can I protect my company’s secret information making sure my employees keep it confidential? This is a question that we are often asked by business owners in Georgia.

You established your business because you have a great product, technology, or service. You want to tell the world about it, but it is also important to protect your idea from competitors, particularly in the development stages of your business.

When you are looking for investors, working with others to develop a product, or otherwise turning your idea into a business, it is important to be careful about sharing information. You do not want to disclose confidential information and have it land in the hands of your competitors or be used against your interests.

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Thumbnail image for Thumbnail image for Question.jpgChoosing a business form is one of the most important decision any small business owner makes when starting a company. In order to protect yourself from personal liability, it is important to create a separate business entity with the Secretary of State. But, which one should you choose? We are going to address briefly the difference between an LLC and S Corporation, so you can get an idea of some vital distinctions.

Subchapter S corporations, also known as S corporations, are very similar to LLCs. There are certain factors in any given business that lends itself better to an S Corporation or an LLC. The factors to keep in mind are: the number of initial owners, the need to attract other investors, how profits will be allocated, and taxation issues.

Both S Corporations and LLCs offer the owners limited liability protection, and are both pass-through tax entities. Pass-through taxation allows the owners of the company to take the gains or losses generated by the company on their personal tax returns. It is a special tax status that eliminates the double taxation that owners of corporations are subject to.

But, S Corporations and LLC are also very different. The ownership of an S Corporation is restricted to no more than 75 shareholders, it cannot be owned by non-US citizens, other corporations, many trusts, LLC, or partnerships. LLCs do not have these ownership restrictions.

S Corporations, however, can exists perpetually, while LLCs usually have limited life spans. The stock of S Corporations is more freely transferable than the membership interests of an LLC. S Corporations are also usually more beneficial for self-employment taxes.

You need a good lawyer to evaluate your needs and help you navigate through the legal quagmire inherent in forming and operating corporations. You must have a firm understanding of basic corporation law in order to protect your personal and professional interest.
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College rape and sexual assault lawyers at our firm advise that college students raped on campus can sue their college for negligence in failing to prevent a foreseeable crime. Most recently, the Department of Justice just came out with a recent study that 25 percent of college women, or 1 out of 4 college women, will be victims of rape or attempted rape before they graduate within a four-year college period, and that women between the ages of 16 to 24 will experience rape at a rate that’s four times higher than the assault rate of all women.

Colleges and universities have a legal duty to warn students of known dangers and to provide reasonable protection. If a crime is foreseeable, then a college can be held liable for not sufficiently protecting against it.

For example, at one highly respected university, a male student admitted to the Office of Student Affairs judicial officer that he had raped a fellow female student on the college campus. The Office of Student Affairs judicial officer showed unbelievable stupidity by failing to expel the student immediately, choosing rather to put him on probation and removing him to a separate dorm. The young woman who had been raped suffered serious psychological trama at the university’s handling of the situation, especially now that she was forced to face her rapist everyday on campus. Her grades quickly plummeted and she withdrew from the university the following semester.

This true story gets much worse however, because the male student rapist felt he had received a carte blanche pass to continue his predatory activities, since the university had chosen to only slap him on the wrist as a punishment for his admitted rape. Consequently, he continued his sexual deviant behavior directed towards other women on campus.

After more and more young female students came forward to report their fears about his stalking and other predatory behaviors, a scandal erupted as a whistleblower came forward to disclose that someone in the student affairs department had knowledge as to his previous misconduct and failed to punish him for actually admitting rape.

The most shocking aspect about this story isn’t only that it is true: rather that it happens all too often on college campuses. Oftentimes, universities and colleges are fearful of turning in their students to the authorities or even responding appropriately to a campus rape. Vice Presidents who are responsible for reporting the numbers of sexual assaults on campus pursuant to the Clery Act can feel pressured by the powers that be to minimize those reports, and often take the brunt of the blame for any unsafe environment occurring on campus. Additionally, judicial officers who are put in charge of handling such disciplinary proceedings are often not properly trained on sexual assault laws or appropriate rape counseling response.

This culture of silence and cover up is also created by university administrators reluctant to report the crime as required by federal law out of fear of the negative publicity and PR problem that may affect their enrollment numbers if the perception is created that their campus is unsafe.

The pressure to quash a rape incident can come up from a Director or Vice President to as high as the Board of Trustees or Board of Regents that oversees the President of the university. Additionally, universities sometimes act more fearful of being sued by the student charged with the rape, rather than the more likely event that the university will be sued by the rape victim because of the university’s own negligence in permitting a foreseeable danger to occur.

The irony of all of this is that in terms of risk management, failure to properly respond to sexual assault is one of the riskiest mistakes a universities can make. By permitting a culture where students are not educated on rape awareness, where sexual assault is silenced and rapes are covered up, and where sex assault is not treated with ‘zero tolerance;’ —universities become “aiders and abettors” and will be held responsible for their negligence in failing to warn or prevent students from a harmful, foreseeable danger.

This not only puts students’ safety at risk but creates the worst kind of public relations nightmare possible—practically insuring that the institution will be found liable for hundreds of thousands of dollars in damages from tort claims and bad publicity because of a failure to do the right thing.

Williams Oinonen LLC represents college students who have been raped or sexually assaulted on campus. Williams Oinonen LLC also offers preventative training on this issue and provides consulting workshops to university staff and faculty on all legal issues within education.
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Toyota lawsuits and Toyota lawyers seem to have been the constant theme of the past year in Toyota news. Unfortunately, it doesn’t seem Toyota consumers can catch a break. After a wave of Toyota acceleration problems leading to injuries and lawsuits, the latest news is that Toyota is having a new recall for engine defects in their Toyota Corolla sedans and Matrix hatchbacks.

Toyota recalled 1.33 million of these vehicles in the U.S. and Canada yesterday because their engines may stall, the latest problems at the Japanese auto manufacturer.The recall covers 2005-2008 years sold in Canada and the U.S. Toyota has now recalled more than 10 million vehicles worldwide for problems that run from floor mats, faulty gas pedals, and more. Separately, General Motors Co. also conducting a recall on 200,000 Pontiac Vibes due to a similar problem.

Fortunately, both automakers will replace the problem parts at no charge and will mail notifications to owners in mid September. This same problem was caused by a possible defect in an engine control module manufactured by Delphi Corp, a auto parts supplier in Michigan.

The National Highway Traffic Safety Administration has been investigating the possibility of engine stalling in the Corolla and Matrix vehicles since last year and now with this latest news of recalls, reported that it has stepped up its investigation. If you or a loved one has been seriously injured due to a Toyota or other auto defect or malfunction, Georgia law entitles you to compensation for your injuries.

In Georgia, Toyota manufacturers would be held strictly liable in products liability torts action. Georgia lawmakers did this in order to protect the consumer by shifting the burden of the loss to the wrongdoer, i.e. the manufacturer of the defective product that caused the injuries. The essential elements of this tort action are: first, the manufacture of the product (Toyota manufactured the cars); second, a defective product (the vehicles are in fact defective hence the recalls); third, an injury to a natural person proximately caused by the defect (multiple Toyota owners suffered injuries due to this defect); fourth, a sale of the product as a new product (Toyota dealers sold these new vehicles off their dealership lots); and fifth, the existence of the defect at the time the product left the manufacturer’s control (the defect was present when Toyota sold the car to consumers.)
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Thumbnail image for Bed_bug,_Cimex_lectularius.jpgBed bug lawyers filing bed bug lawsuits in Georgia are becoming more frequent as terrible bed bug epidemics spread throughout the country infiltrating hotels and other public establishments. Victims of bed bug injuries are often very traumatized due to not only the physical injuries but the psychological fear of the very serious possibility of taking the bed bug infestation back to one’s home.

If you have been a victim of bed bug bites at a hotel or inn, it is important to do the following:

1. Immediately report the incident to management and ask for a copy of the report if possible.

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truck.jpgGood Georgia Truck Accident Lawyers praised the recent U.S. Transportation Secretary’s announcement that 109 commercial truck and bus drivers were removed from public roadways as a result of the Federal Motor Carrier Safety Administration’s annual alcohol and drug sweep this summer.

Said US Transportation Secretary Ray LaHood: “If you are a commercial driver or carrier operating in violation of federal drug and alcohol laws, we will remove you from our roadways.” Additionally, he stated: “Parents deserve to know their children are being driven by bus drivers who are drug and alcohol free, and every motorist deserves to feel confident that the drivers of large trucks and buses are safe and sober.”

The sweep was done by an investigation into the alcohol and drug safety records of all truck and other commercial drivers employed by bus and truck companies including hazardous material transporters, school bus drivers, interstate passenger carriers and general freight truck drivers.

The goals was to identify those offenders in violation of drug and alcohol testing and remove them from the road. The terrifying fact is that there are truck drivers who move from company to company just to evade the federal drug and alcohol testing and reporting requirements.

The Federal Motor Carrier Safety Administration warned that they are committed to ensuring that only safe truck drivers are allowed to operate. Unfortunately, there are truck drivers all over the country who have violated federal laws wreak havoc on public safety. Families all over Georgia have lost loved ones and been seriously injured due to the terrible negligence and criminal acts of truck drivers who recklessly take to the roads putting Georgians at risk.

If you know of someone who has suffered due to a truck driver’s negligent acts, Williams Oinonen LLC is committed to bringing justice to Georgians who have been injured due to truck driver negligence. Please call us today to discuss how we aggressively fight the trucking companies who break laws and negligently allow dangerous truck drivers on the road risking the lives of our loved ones.
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truckytruck.jpgGeorgia Truck Accident Lawyers help you when your loved one has been injured or killed due to a trucking accident. One of the biggest reasons people die from horrible truck accidents is due to “driver fatigue”—because the truck driver has been driving for hours on little sleep. Unfortunately, truck drivers by law are allowed to drive up to 11 hours per day which for those of us who have driven that long, know that it can be exhausting and very difficult to do it for long periods of time.

Just last month, the Federal Motor Carrier Safety Administration submitted an important proposal for the new proposed truck driver hours of service rule. The details are unknown, but it is believed that the new laws will shorten the number of hours truckers are permitted to drive each day.

The trucking industry of course is concerned about losing money and is urging that the current 11 hour rule per day is allowed but public safety groups and consumer advocates are pushing for an eight hour day requirement.

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Good Georgia truck accident lawyers are essential to protecting your rights in a trucking accident where someone has been seriously injured or killed. In most personal injury trials in Georgia, mentioning the word “insurance” is the quickest way to a mistrial. This is unfortunate, because sometimes the jury doesn’t realize that the injured party is going after a big insurance company that is refusing to pay them and not really going after the negligent driver who may or may not have a lot of money in his bank account. Sadly, this can prejudice the jury into not awarding the injured party the real value of the case.

However, in trucking injury cases this rule changes. The beauty about trucking cases is that it is the one area of law where an injured party is able to not only mention the insurance company but actually sue the insurance company. The Georgia Supreme Court in the case of Grissom v Gleason, 262 Ga. 374 375 (1992), ruled that this Direct Action Statute does not unfairly prejudice the defendants by notifying the jury that insurance is available.

Thus, the Direct Action Statute, which falls under O.C.G.A. §46-7-12, allows injured parties in an accident with a motor carrier (such as a tractor trailer truck carrying passengers or loads) to not only mention the word “insurance” but to actually sue the insurance company as a party to the lawsuit.

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truck.jpgGood Georgia Truck Accident Lawyers can help you during a terrible truck accident. “How can I sue the truck driver and trucking company that killed or injured my loved one?” is question that none of us ever want to be faced with. It you are ever in that terrible predicament, is absolutely essential that you retain the services of a good Georgia lawyer immediately for one main reason: Trucking companies, similar to railroad companies are notorious for underhanded tactics when it comes to hiding the evidence in a trucking collision that has caused fatalities or serious injuries. Thus, it is essential that you have a good, trustworthy, competent attorney working on your side to fight against these tricks .

One of the first things a good Georgia lawyer will do in a situation involving trucking deaths and injuries will be to immediately send out spoiliation letters to preserve the evidence. For example, attorneys need to immediately request data from on-board recording devices, including ECM (electronic control module), any computer on board, or other recording device that was on the day of the accident and prior.

The “black boxes” are essential to help victims in their truck accident cases because the data is often able to provide evidence as to what actually was the causing factor in the collision. For example, “black boxes” often can be compared to the driver’s personal log to see if the truck drivers actual driving time doesn’t match up with what was actually recorded in the computer data.

If an attorney is not promptly hired on the scene, it is often the case that the trucking company will allow both the tractor trailer and the ECM black box to be destroyed.
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