I think this is a stupid rule, but who am I to judge? After all, what person doesn’t realize that someone who is raving about a product or service is probably getting paid to rave.

Well, here’s a link to a great website that makes using the disclosures easy. They have copy-and-paste links to 6 different disclosures, based on the type of financial gain the reviewer received.

Note: I have not received any compensation for writing this content and I have no material connection to the brands, topics and/or products that are mentioned on this blog. We do not accept payment for reviews, although we accept suggestions of products, services, websites.

Mommy Bloggers Beware is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Here’s a list of the most pervasive ones, and their effect on the legal system, and your ability to address your issues:

Expert Affidavit

Right now, if you’re injured by someone’s "professional negligence," you can sue the doctor, lawyer, or other professional for malpractice. On November 1, anytime you’re wanting to sue for medical or professional negligence, you’ll need to get an affidavit from another professional linking your injuries to the professional negligence. This requirement will hinder a lot of people from seeking compensation for their injuries. There will be some problems finding another professional expert to testify and affirm that the actions of the negligent party caused serious injuries. Certainly clearly negligent cases will meet the threshold, but other cases that depend on additional discovery and testimony won’t.

Cap on Non-Economic Damages

The legislature opted to cap non-economic damages (those damages not related to medical bills, car repairs, or your paycheck) at $400,000.00, unless you can "bust-the-cap" by showing egregious conduct (my words, not the statute’s). This conduct must be so heinous, that would justify making the change.

Jurors evaluating these cases won’t be told about the non-economic damages cap, but rather will answer a series of questions designed to "evaluate" the severity of the plaintiff’s injuries.

Oklahoma’s Lemon Law

I like most of the changes to Oklahoma Lemon Law, minus a few, nit-picky items.

The old law provided some ambiguity about the enforcement and remedies available to consumers who purchased "lemons."

The revised law implements an exclusive time period to sue for the lemon law statute to apply  (1 year – the same as before), but outlines many of the remedies available for consumers (see subsection C).

As for some nit-picks about the revision (which is basically the same statute as before):

Before using the statutory provisions, you must notify the manufacturer (or it’s agent/authorized party) in writing of the manufacturing problem. "Well, duh," you say. "The dealer or manufacturer should know about the problem because they’re fixing it." I know, I agree it’s a stupid provision, and an easy way for the auto maker/dealer to relieve itself of liability. Most people won’t know about the provision, and therefore, they can’t claim the applicable violations.

Secondly, you have basically a 1 year after purchase window (although the statute allows an "express warranty" time period) to notify the dealer or manufacturer that your car is a lemon.

Product Liability

Manufacturers of inherently dangerous products will have a complete defense against claims for injuries where the manufacturer can show:

1. The product is a common consumer product;
2. The product’s utility outweighs the risk created by its use;
3. The risk is known by the consumer and the community;
4. The product wasn’t substantially changed when it reached the consumer; and
5. The product contained adequate warnings.

Fortunately, the new statute does not apply to claims alleging manufacturing defects or breach of warranty.

Joint and Several Liability

The new statute (23 O.S. § 15) removes the current (and plaintiff-friendly) allowance for a fault-free plaintiff.

Joint tortfeasors (defendants) will remain severally liable for torts, unless one defendant is greater than 50% responsible, or a joint tortfeasor acted willfully and wantonly or with reckless disregard.

See this Wikipedia post about joint and several liability.

Thank Your Local Legislature is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

I think lawyers and other professionals make too much money off of simple form documents that they received from their professional association. While it’s an important aspect of the entire process, the creation of the document is the monkey labor, it’s the knowledge of the individual that’s important. Knowing how and why a document has particular provisions is the important thing.

WhichDraft.com gives you the ability to edit and manipulate the document as you see fit. I also like the fact that there’s a collaboration effort that may enable more lawyers and professionals to deliver cost-effective business solutions.

I performed a cursory review (which does not mean anything beyond looking at the site & entering some information) of a couple of the site’s documents, and found them to be pretty good. I’d never recommend submitting the document as final, without an inspection by an attorney, but these documents seem like they’re a great place to get you started, for free.

Hat tip: Law Librarian Blog

Free Legal Document Creation is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

The partnership is the most simple form of business entity. Partnerships were around from the dawn of time. The Kings of England ruled by partnerships (and an awful lot of swords). Partnerships are easy to start, and they’re economical.

However, like the monarchies of England, the partnership comes to a tragic end when bad things happen. For this reason, partnerships are the worst forms of business entities, in light of today’s modern business advances.

Most entrepreneurs opt for the limited liability company or corporation when starting their soon-to-be mega-empires. These entities provide financial security and safety, and the enduring stability most people desire when they start their business. The LLC and the corporation offer the business owner limited personal liability for business debts and other devastating business related events. Additionally, the two entities are easy to form, and continue even after an owner leaves the business.

So, is there any reason why you wouldn’t form a LLC or corporation? Not really, unless your business is going to exist for a micro-second. In Oklahoma, forming a LLC costs $100, and requires 1 sheet of paper. $100! That’s a miniscule amount of money to pay for an infinite amount of protection and other benefits.

Moreover, the LLC gives a business owner an ample amount of options to increase revenue streams and increase member profits. Many business owners choose the LLC because of its ease of formation, and taxation benefits. Quite simply, the LLC is almost the perfect business entity. Don’t risk the problems of the partnership, form an LLC or other protected business entity today.

If you’re considering a new business, it’s important to get a variety of facts and opinions. Absolute Legal Services, LLC can help you evaluate your business goals, and determine which business entity will suit your needs. Our low-cost (usually $350) business formation options can help you get moving on your business idea. We offer business planning and organization, outsourced legal counsel, and collections management services, just to name a few. Contact our office at (405) 748-0318, or by email at contact@absolutelawfirm.com, to speak with a business attorney.

Business Structures is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Through the years I’ve met similar people who have developed excellent work habits. I’ve also met several bosses, who despite their employee’s best efforts and excellent caliber, seem to believe they’re not compatible. Many of these good employees seek retribution for their early termination, especially in difficult financial times like we presently face.

Unfortunately for some, the simple fact is that there’s nothing they can do because Oklahoma is an "at-will" employment state (check out this page for information on the "right to work" doctrine). Basically, unless your employer violates an exception to the at-will doctrine, they’re free to release you whenever they choose. In the same sense, you’re also free to leave without notice to your employer, and without fear that you’ll face retaliation. (I’ve discussed one instance you may get fired, which deals with online social networking sites previously.)

The three general exceptions to the at-will doctrine are: public policy, implied contract, and covenant of good faith and fair dealing.

While Oklahoma doesn’t recognize the covenant of good faith and fair dealing, employees may litigation terminations that are against public policy or that breach an implied contract.

Both exceptions are fairly easy to understand. Public policy terminations violate principles that we, as a society, support and promote. For example, someone being terminated because of their military service violates public policy. Similarly, statements or promises from an employer to the employee may create implied contracts (although a physical document was never signed), which can be enforced and litigated over if they’re breached. For instance, if the employer promises you’ll never have to work Sundays, but suddenly you’re working every Sunday, an implied contract might be created. The most common implied contracts come from employee handbooks or other materials.

The difficult thing about creating an implied contract is being able to show its existence. Some courts are reluctant to create implied contracts because of a "flood gates" dilemma (every possible case now gets litigated), which places immense strains on the court systems.

If you’re interested in reading a good, and fairly short discussion of the exceptions, please check out this site (you’ll need Adobe Acrobat Reader).

Finally, the Federal Government has enacted several laws designed to prevent discrimination in the workplace, and protect individuals their employment. The Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the American Disabilities Act offer federal protection to employees. Unfortunately though, these acts are limited in the protections they offer (click here for coverage limitations).

It’s important to know your rights as an employee or as an employer. For employers, quite often, you can prevent simple mistakes by a quick discussion with an attorney. For employees, if you think you’ve been wrongly fired, don’t delay seeking assistance. Time is important, contact an attorney today. To speak with an employment attorney, call (405) 748-0318 or email us at contact@absolutelawfirm.com.

You’re Fired! is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

If you have questions regarding your eligibility, contact our office for assistance. Please call (405) 748-0318 or email us: contact@absolutelawfirm.com.

Remember, we also still handle bankruptcies, consumer issues, personal injuries (auto accidents, worker’s compensation, etc.), litigation, business issues, and employment matters.

New Service – Social Security is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Recently, an individual telephoned to discuss a possible lawsuit for wrongful termination. The individual explained that his employer fired him because of some comments made on his Facebook page. The individual felt angry because the comments were "harmless" and private. The individual questioned the legality of the firing. The individual asked me whether an employer could legally fire someone for comments on their Facebook page. Unfortunately for this newly unemployed individual, the simple answer is that an employer may fire someone for their online content.

The problem with social networking sites is their seemingly "private" nature. The privateness lures many people, and young people especially, into believing the information displayed will remain private, or at least protected from unwanted viewers. Quite simply, the answer is that the information, regardless of the private nature, is available to anyone.

There was a recent swirl in "blog-land" about a person interviewing with Cisco Systems who commented on his Twitter page about a recent job offer. The comments were in particular bad taste, and when Cisco discovered them, they promptly rescinded the lucrative job offer.

Your online presence is as important as your public persona. Employers can, and will, terminate your employment because of your comments. It’s important to remember that your comments could be a liability to your employer.

Here’s some tips for outstanding behavior online:

1. Never post comments that you wouldn’t want your mother reading (if your mom wouldn’t mind, then think of the most holy, innocent and pure individual you’ve met).
2. Pictures of tour late-night toga parties and binge drinking sessions are never good. Note: we like to use these in our lawsuits against people for car accidents and other events.
3. Keep comments about your last and current employers to yourself. Unless you’re prepared to start your own business, or you’ve already secured a new job with your boss’s arch enemy, it’s best to not tell the world how much you hate your job. As a rule of thumb, it’s better to build bridges than to burn them, you’ll never know when you need them again.
4. Never display too much private information, like your social security number, birthday, street address, etc. These details are a neon sign for identity theft.

It’s important to realize that you’re expendable as an employee, especially in this tight job market. If you’re successful in creating a liability for your employer, you’re going to find yourself writing many resumes and doing job interviews.

Protect Your Online Self is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

At this time we are handling immigration issues dealing with naturalization & citizenship, businesses, students, asylum/protection, and families. As we add more resources to our firm, we’ll also add more coverage.

If you’re seeking assistance dealing with any immigration issue, contact our office:

New Service – Immigration is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

The first individual, an employee at a small business called me to discuss some of his concerns about his employer’s new video security system. The employee told me that his boss had installed the cameras over the weekend, and now he wondered about the privacy of the matter. His basic question was, "can he do this?"

The simple answer is yes! Anyone can install security systems to monitor their homes or businesses, as long as those systems conform with local and state privacy laws. However, in order to record anything, the business must notify employees or patrons that the business is recording. There is no "opt out" provision, merely a notice requirements. Be aware that a business or homeowner cannot install the system in places where you would expect privacy, like bathrooms, dressing rooms, or bedrooms. Finally, note that if you try and disable the security cameras, Oklahoma provides some harsh criminal penalties (21 O.S. § 1993).

The second individual queried whether he could use his child’s social security number to get a loan. Apart from the fact that his minor child probably has little to no credit history, using someone else’s social security number is identity theft. Federal and state laws also provide harsh penalities for misuse of someone’s social security information. If you decide to commit this kind of fraud, you’ll have more to worry about than your poor credit history.

(In)frequently Asked (but interesting) Questions is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

His initial question, and the fodder for this post, was about a "friend" who could give him "an evaluation copy "of a software package, which would spare him from having to purchase the real one, "at least until he could afford to." Obviously, or it should be, this is software piracy. If you’re using a "licensed" or "cracked" product without legitimately purchasing the product, you’re participating in software piracy.

The good news is that software companies are unlikely to enforce or prosecute these types of cases, because arguably, the moment your purchase the software, you’re no longer violating the copyright law. There may be some consequential penalities for your violation, but these are usually small and not worth the time, effort, or money to prosecute.

Apparently now, what you must be wary of is misuse among your employees of the internet services. With this week’s recent verdict in the RIAA case against a woman for $1.6 million, you should take active measures to eliminate any potential liability. This same advice holds true for personal internet use on work computers, especially pornographic or other misuse.

What makes this even more concerning is that many small business owners potentially expose themselves to personal liability by personally guaranteeing their business internet accounts.

It will be interesting to see the results in the RIAA case, and to see whether they pursue other individuals. Hopefully the other individuals are you and your business.

Software (and Music) Piracy and Your Business is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.