Posts Tagged ‘law’

The Wrecker by Clive Cussler

“The Isaac Bell Novels” is a new hit series by “one of the greatest adventure novelists of our time” (imdb), Clive Cussler. The Wrecker is the sequel to the successful first Isaac Bell novel, titled The Chase. (The next release in the series is scheduled for June 1, 2010.)

A detective by the name of Isaac Bell represents the main character in The Wrecker. Bell is as athletic and fearless as James Bond and as intellectually brilliant as Sherlock Holmes.

Conveniently, Isaac Bell is also independently wealthy, heir to a prominent Boston banking family. After disappointing his father by not following in his footsteps, Bell has pursued his detective work with a fervor that spells obsessive passion more than a way to make a living.

Isaac Bell gets hired by the Southern Pacific Railroad Company to find and stop a saboteur known as “The Wrecker,” who has targeted Southern Pacific construction sites throughout the West. If the sabotage continues in the midst of pressing deadlines to finish work on a major new track, it could cost Southern Pacific its good standing with its lenders, and rapidly lead to bankruptcy.

Reminiscent of Sherlock Holmes’ arch-nemesis Professor Moriarty, the villain known as The Wrecker is nearly as brilliant as Isaac Bell himself. Unbeknownst to all, until the end of the book, The Wrecker hides in plain sight, right within the innermost circles of his adversaries.

The Wrecker’s agenda turns out to be the hostile takeover of not only the Southern Pacific Railroad but as a side effect gaining complete control of the entire United States railroad system, at a time in history when the wealthiest men in America were railroad barons such as Vanderbilt, Harriman and others.

Notorious as an avid automobile enthusiast, one reason why Clive Cussler may have picked the early 1900’s as the setting for his new series may well have been to give him an opportunity to write about car chases in classic automobiles from the turn of the last century.

The Wrecker features the 1907 Model 35 Thomas Flyer, winner of the 1908 New York to Paris race, as well as a Packard Grey Wolf, a Bugatti Type 41 Royale, and Isaac Bell’s own Locomobile.

Although Clive Cussler may be best known for his love of diving and sea exploration, both through his fictional stories and non-fictional enterprises, he obviously also cherishes the rugged landscapes of the American West. Why else would he have chosen to live in the mountains of Colorado, as far from the sea as you can get in the United States?

This “second” love of Clive Cussler shines through in his new Isaac Bell series in a way that will likely reinvigorate many old Wild West enthusiasts as well as give birth to a whole new generation of Western lovers. The book is a highly recommended read.

Britt Hellman resides in North Carolina with her husband and three sons, where she works as a professional copywriter. She writes book review as a hobby. Visit her site to order The Wrecker by Clive Cussler, or the most recent Dirk Pitt novel, Arctic Drift, Clive Cussler.

The Benefits of Performing a Preliminary Search Before Incorporating

Before you can incorporate a company in Canada, no matter what province or territory you live in, you will be required to provide some form of name search and as well, you might also be required to provide a name search to register a proprietorship, business name or a partnership.

A preliminary name check is done by someone who wants to register a sole proprietorship, corporation, partnership or business name prior to ordering a Nuans name search or similar report. Performing a preliminary name search prior to ordering a full name search helps to let you know if there is a chance the name is clear. It can save you money having this done.

The full name search is reviewed by the government to determine if there are any names which can be consider a conflict. It does this before it allows you to register your business. The federal government in particular will not accept a proposed name that sounds similar to a company name already registered.

As part of the service of a search house, it is normal practice for the search house to do a preliminary name search as part of the service of ordering the full Nuans name search. It is important that you know in advance of ordering your name search that the preliminary name search is part of the service. If you do not require a name search to register as would be the case in some territories or provinces for partnerships, business names or sole proprietorships then you would need to pay separately for a preliminary name search. I will explain this further below.

Just because you have a name search (Nuans report) is not a 100% guarantee the government is going to accept your name. If the Nuans search house does not perform preliminary name searches prior to ordering a full Nuans report you should look for another one. A Nuans name search report can be ordered without a preliminary name search but an experienced search house will do a preliminary name search first so you have less chance of your name being rejected by the province or territory in which you wish to register your business without charging you extra.

Look at it this way. A person wants to register a business called Morgan Cement Services Incorporated. The search company tells the person that there is no exact match because they do not have a policy of pre-checking names. There is actually a company registered called Morgan Cement Services Ltd. This person decides to register his business called Morgan Cement Services Incorporated and the owner of Morgan Cement Services Ltd. sees his flyers in the neighbourhood. Mr. Morgan of Morgan Cement Services Ltd. has had his business for many years and has built up a great reputation. Mr. Morgans reputation and longevity in the business gives him the ability to go court and request the court to get this person to change the name of his corporation. If you consider it, it would not be in your best interest either to have a name that is similar to another registered name.

The search house will provide the Nuans name search report or similar name search report to you by email and you should take some time to review the report to ensure for yourself that the name you wish to use is not too similar to another name already registered.

A Name search would be accepted for registering a company in Ontario even if the names are almost 100% identical. Referring back to the two names above, these names only differ because of the last word in the name. The Ontario Ministry of Government Services would accept this even though both names are very close. This would not be the case with the federal government since they are more careful with name acceptances.

In Ontario and Alberta and possibly in other Canadian jurisdictions, you can register a business name, sole proprietorship or partnership without providing a Nuans name search report. This means the government will not be reviewing the name prior to registration and therefore the onus is on you to ensure you have a name different from others. In fact in Alberta and Ontario you can register a business name exactly the same as another business name.

In this instance you would purchase a preliminary name search. To summarize when it is not a government requirement to provide a name search report (or Nuans) upon registering a sole proprietorship, partnership or business name a preliminary name search should be performed in advance of registering. You should also be aware that many search houses will provide you with a free preliminary name search if you purchase the registration of a sole proprietorship, business name or partnership with them in cases where a name search is not needed. If you are not clear on the websites policy, contact them and ask.

Resources for Canadian Business Owners provides information about legal and government services for Canadian businesses as well as further information about Good Company Names.

5 Suggestions For Writing Legal Blog Post Titles

We know that we shouldn’t judge something immediately when we see it. However, we can’t help our human nature and each day we must quickly judge things so that all of our time isn’t wasted. The result of this is that as a blog author, you must learn to write effective titles for your legal blog.

Your best content will remain undiscovered if you don’t make the effort to write effective titles.

Below I’ve listed 5 ways you can increase the responses to your blog post titles:

1. Ask a Question – A provocative question creates curiosity. People want to find out the answer and feel inclined to click through to read more. This is especially true when the question addresses a specific need or concern and promises to answer a problem the reader identifies with. For instance I wrote a popular post a little while back titled: “Lawyer Marketing Definitions: What are RSS Feeds and Why Should I Care?”. People who didn’t know what RSS feeds were clicked through to find out and have the question addressed.

2. Titles on magazines are a great resource – Magazine copywriters are competing with hundreds of other magazines on the rack for your attention. Online articles often work the same way. You can learn from people who have been doing this successfully for a long time. Browse through the titles of articles on magazine covers for ideas.

3. Use lists in your blog titles – Internet users like to consume information is short bullet points. For this reason, lists are great for articles on the web. Take this article for instance. By offering a list of 5 ways to improve your legal blog post titles, I have gotten you to read this far.

4. Solve a problem – The readers of your posts often have a problem or curiosity they are trying to solve. By offering a solution to a problem that a reader identifies with, you will entice them to read your article.

5. Explain to the reader the right way to do something – Offering practical advice about a common situation or event can be a great way to formulate a good title. People are looking for solutions to problems they have. If you promise to offer a solution in your title and follow up on that promise in your article, you will be well on your way to increasing your readership and writing effective titles.

Remember to keep your titles short when possible. A good rule of thumb is 9 words or less. Also, be sure to capitalize the first letter of each important word in your headline.

Download the attorney internet marketing guide library. The library includes: 5 Lawyer Marketing Mistakes, Retaining A attorney search engine optimization Consultant, Getting Found On Google, The Top 7 Google Tools Law Firms Should Be Using, attorney Websites Done Right, and many more.

Certificate of Good Standing for an Ontario Company

Ontario Certificates of Status are issued by the Ontario Ministry of Government Services for Ontario companies. Sometimes these are called Certificates of Good Standing or Certificates of Compliance and all companies registered in all jurisdictions in Canada and for that matter all companies registered in any country can obtain these certificates when needed. They are called Certificates of Status in Ontario.

Sometimes a Certificate of Status is requested by an institution in order to confirm that a corporation has met its legal requirements and considered in good standing by the government.

The Certificate of Status for an Ontario company will provide the name of the company, the Ontario corporation number issued by the Ministry of Government Services and its status whether it is or is not in good standing.

All Ontario companies have to file a federal tax return within six months of the financial year end of the company in each year. If returns are not filed the tax department will request the Ontario Companies Branch to dissolve the company. If a Certificate of Status is ordered for a dissolved company it will not be clear.

Your Ontario corporation will be dissolved by the Ministry of Government Services if the annual returns are not filed. If you wish to order a Certificate of Status then you must ensure the annual returns are up-to-date or you will not receive a Certificate indicating the corporation is in good standing.

When you order an Ontario Certificate of Status it will be issued whether it is clear or not and you cannot get your money back if it is not clear. The Certificate will show the company is not in good standing. Before you will be able to obtain a clear Certificate of Status you will need to update your filings. Any document that is being certified by the Ontario government has a high cost to it. Therefore you will want to ensure that you know in advance whether your company is in good standing so you do not have to order the certificate more than once. If you have outstanding tax returns you can still get a favourable Certificate of Status as long as you have not been dissolved for this reason but you will not receive a favourable certificate if Ontario annual returns are outstanding

A Certificate of Status is not an Ontario corporate search. If you are trying to determine information about an Ontario company you should have an Ontario Corporate Profile search done rather than ordering a Certificate of Status.

When do you need to obtain a Certificate of Status? Well, if the company is entering into an agreement with another company or individual that company or individual might want to know if the company is in good standing. Sometimes banks or law firms might wish to order a Certificate of Status on a company in cases where property is being sold or for many other reasons. Any company might be asked to provide confirmation to someone or some institution that it is in good standing and a Certificate of Status will be requested.

Resources for Canadian Business Owners provides information about an Ontario Certificate of Good Standing and other legal products including Ontario Company Searches.

What is a Nuans Name Search and How is it Used

A Nuans name search is a paper document produced from the Canadian Nuans name search system which checks a proposed company or business name against all other registered company and business names across Canada including trade-marks.

The Nuans name search system is a computerized search system which contains a list of all of the company names, sole proprietorships, partnerships, business names and trade-marks registered in federal, provincial and territorial jurisdictions in Canada. The purpose of the system is to keep track of all names registered across Canada.

When you are in receipt of a Nuans name search report for a proposed name you have suggested, you will be able to compare all the names on the 7 page report with your proposed name to ensure your name is distinct and different than others registered.

A Nuans name search report is required when incorporating in many of the provinces and/or territories in Canada.

Name search reports are required by all provinces and territories including the federal jurisdiction, when incorporating companies in Canada. However the Nuans is only accepted in six jurisdictions. It is still advisable to do a preliminary name search through the Nuans system because it keeps a listing of all names registered throughout Canada.

In Canada certain jurisdictions only will review a Nuans prior to registering a company and they are shown below:

Ontario

Ontario

Ontario

Yukon

Prince Edward Island

Yukon

Periodically the Nuans name search system will request the provinces and territories to provide a list of all new names registered in each of those provinces or territories where the Nuans report is not accepted and the list is added to the Nuans system.

By reviewing a name search report the government ensures that no companies are incorporated anywhere in Canada with the same name.

The Nuans name search report is also your way of determining whether there are additional conflicts to your name. The onus will be on you to look over the entire report and make sure you are not proposing to use a name that is even close to another corporate name or trade-mark since the owner of the name could still have a claim against you if your name is too similar and his or her company name has had a large presence in the marketplace for many years.

If you are incorporating a company in Alberta you will be required to provide an Alberta biased Nuans name search report and if you are registering a business federally you will be required to provide a Canada biased Nuans name search report. These reports are biased to the jurisdiction they represent but the report still covers all names registered across Canada.

There is no protection for business names in Alberta and Ontario so you can register a name exactly the same as any other business name that has been registered without obtaining a Nuans name search report.

This does not mean that you should just go ahead and register and name you wish. A preliminary name search should be done to ensure that you do not register an exact same name.

You will need the assistance of a qualified search house in order to perform a preliminary name search. An email reply will be given once a preliminary name search is done. A Nuans search house has training in searching names and knows how to determine the most conflicts for a proposed name.

Attend at Resources for Canadian Business Owners for a Free Incorporation Checklist and information about Sole Proprietorships.

Read This Before You Order a New Brunswick Nuans Report

The report that is generated from the Canadian Nuans name search system is called a New Brunswick Nuans name search report. This program’s purpose is to compare a proposed corporation name to all of the names in its database which are the names of all companies registered as of that date in all provinces and territories Canada with a few exceptions.

Before incorporating in New Brunswick you must obtain a New Brunswick Nuans search report. The New Brunswick government compares the proposed company name that you wish to use to the names on the New Brunswick Nuans name search report to be sure that the name you wish to use is available and not in use by another company.

If you wish to register a New Brunswick partnership or a New Brunswick sole proprietorship or a business name on behalf of a New Brunswick company already registered in that province, you will also be required to provide a Nuans name search report. The New Brunswick government is much more stringent at accepting names and it is therefore important that you have the name checked thoroughly before you register to ensure it is available. This can be done by doing a preliminary name search against your proposed name. A preliminary name search can let you know whether the business name you are thinking of registering is available for use before ordering a full New Brunswick Name Search for the proposed name you wish to use. Without first checking to see if the name is available and just ordering a full New Brunswick name search without a preliminary name search, this could result in your obtaining a New Brunswick name search for a name that has too many conflicts to be used. You will then need to pick a new name and order again. The New Brunswick government will look at all names registered in New Brunswick and all names registered right across Canada when making its decision to accept your name.

It is important that a preliminary name search is performed prior to ordering your New Brunswick Nuans report because if you just ordered the report and the name is not checked it may be rejected if there are any conflicts. As part of the service, a search house will normally perform the preliminary name search before ordering your New Brunswick Nuans name search report and this will be included in the basic cost of the Nuans. Preliminary name searches are ordered as a separate cost in cases where you do not need to order a full search otherwise they are normally part of the service for a full search at no extra cost. Ensure that you pick a search house that includes the cost of the preliminary as part of the cost of the full Nuans report when ordering a New Brunswick name search. In New Brunswick all business names including sole proprietorships, partnerships, company names and business names registered against companies must be accompanied by a New Brunswick Nuans report at the time of registering.

It should be noted that when registering an New Brunswick corporation, it is a requirement that there be a legal element to the name (explained below) but for other registrations such as New Brunswick business names, this is not necessary.

Below is an explanation of how to pick a name for a corporation however the principles can be applied to business names with the exception of the legal element.

When picking a name for your corporation, you should consider three elements of the name. In particular: (i) the Distinctive Element (ii) the Descriptive Element, and (iii) the Legal Element of the name. If the name you choose to register is “Peterson Carpentry Inc. , the distinctive element in the name is the word “Peterson”, which is distinctive because it is a, individual’s last name. Another type of a distinctive element in a name might be “Ontario” as in “Ontario Garden Supplies Ltd.” which is distinctive because it describes a location. “Greening Dental Services Inc.” has the distinctive word “Greening” in it to make it stand out from other dental service companies.

The descriptive element describes the type of business. In “Shipview Business Services Inc.”, the descriptive element is “Business Services” which describes the nature of business. In “Swan Pool Supplies Ltd.” the descriptive element is “Pool Supplies” which describes the type of products this business sells. “Dental Services” is the descriptive element for “Union Dental Services Corp.”.

The Legal Element in the name Mining Resources Inc. is the word “Inc.” which is a mandatory ending which recognizes the name as the name of a company. Any company registered in Canada must have one the following endings: “Inc.”, “Incorporated”, “Ltd.”, “Limited”, “Corp.”, “Corporation” and the French equivalents of “Ltee.” “Limitee”, “Inc.” (same in English and French) or “Incorporee”, The Legal Element indicates that the name relates to a company rather than to a business name, partnership or sole proprietorship.

The New Brunswick government has many examiners and they would have their own personal opinions about conflicting names and internal policies. Even after performing preliminary name searches and clearing the name as best as can be done prior to ordering the full New Brunswick Nuans report, the proposed name could still be rejected. A preliminary name search will not always show all conflicts but if the search house you requested to assist you has checked the name thoroughly and you are aware of this and the name is still rejected, this would not be the fault of the search house. Some examiners are much more difficult to please than others and in New Brunswick the internal policies are to scrutinize the name very closely to ensure it is absolutely different than any other name not only in New Brunswick but right across Canada.

Resources for Canadian Business Owners provides unlimited preliminary name searchs as a free service when purchasing a NB Nuans Name Search Report and can assist with Business Name Registrations.

Personal Injury Lawyer – Can A Lawyer Help Me?

Have you ever been involved in a Personal Injury case? Whether it is a serious injury, or a minor injury, it still affects you in a big way. When it is severe or even unfortunately results in death, you are suffering a devastating level of economic loss and emotional distress beyond the actual injury. There is no way to put a price tag on how much these injuries really cost you. But with all these emotions going through your head at this traumatic moment, you need to think clearly and protect yourself by looking into hiring a good Personal Injury Attorney Los Angeles.

A good Los Angeles Personal Injury Attorney will help you with these key elements:

- Conduct a prompt and thorough investigation of the accident scene

- Get medical advice – your aches and pains may not develop until after a few days and some injuries are not obvious.

- Make sure the evidence is untouched

- Look into seeing the merits of a potential lawsuit before it is too late

So what things do you need to pay attention to if you have an accident?

- If you are injured in an accident – Don’t delay. Seek medical … legal help right away

- Make sure all the potential witnesses have been spoken with. Get their address and phone number from them. It will be nearly impossible to reach them once everyone goes home

- Make sure all the potential witnesses have been spoken with. Get their address and phone number from them. It will be nearly impossible to reach them once everyone goes home

- You need to talk to your legal counsel as soon as possible. Talk to the police, but when doing so make sure the investigating officer understands your description of the accident completely … accurately.

- Don’t ever take an “on the spot” settlement — Your doctor will look at the extent of all your injuries, your need for medical treatment or perhaps surgery. An “on the spot” settlement may limit and restrict any future treatment

If you become involved in an auto accident, a slip and fall injury, or if you have suffered any kind of injuries from any other kind of accident, there are several good reasons why you need to consult with an attorney as soon as possible. You should seek legal representation immediately because any delay can hurt your case in some instances. As time passes, things get forgotten and you will be unable to collect and gather some crucial evidence. People move away and you will find that it will become more difficult to interview witnesses, much less find them! Some of the key details of your case may be forgotten. If you wait, it can be much more difficult to prove your case. I’m not suggesting you go out and sue whenever you get the chance, but just make sure to protect yourself if you are ever put in a situation like that.

Anthony M. Flores specializes in Las Vegas Accident Lawyer and a leader in assisting personal injury Attorney Las Vegas

The Pathetic Ways of the Heene Family

This has been a wacky week in the news world, thanks to the crazy story of the Heenes. It all started with a police report that stated that their youngest son Falcon had been flown away in a flying saucer that the family had built.

What made it all even odder was the fact that this balloon resembled an alien spacecraft, as it was built in the mold of a flying saucer. It quickly rose thousands of feet into the air, and authorities frantically chased it down, trying to save the boy’s life.

When the saucer landed, it was opened up very cautiously, as no one knew the fate of Falcon. Surprisingly, he was nowhere to be found inside the saucer. Minutes later, it was revealed that Falcon had been hiding inside the family’s attic.

Later that night, the Heenes decided to go onto CNN with Wolf Blitzer to tell the nation of their story. Everything seemed rather ordinary until Falcon blurted out, on camera, that he had been instructed by his parents to hide in the attic for the TV show.

From here, it became quite apparent that this family may have actually staged the whole thing, as they were seeking fame and media attention.

Their 15 minutes of fame came at a big cost though, and someone has to pay the price for it.

Having cost authorities boat loads of money, scaring a nation, and playing around with our emergency response system, there are criminal implications that come with this behavior.

The Heenes will likely be charged from here, and they deserve whatever they get for such immature and selfish behavior. I pity the children who have to grow up with such parents. They don’t deserve to endure whatever it is that they’re about to go through.

This author also writes about Joop cologne and Fahrenheit cologne.

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