Legal Questions

There are some key issues to look out for when drafting a Strategic Alliance Agreement. The most important provision to include, in my opinion, is a “No Partnership” provision. A strategic alliance is different in purpose and form than a partnership, and the agreement should expressly reflect the intentions of the parties not to form a partnership. The legal status of a “partnership” involves a whole series of rights and obligations that neither party to a strategic alliance would like to assume. Therefore, a “No Partnership” provision must be included and must clearly stress that the parties do not intend to create a partnership in this agreement.

A second key area to deal with is a provision addressing confidential information. Parties to a strategic alliance will inevitably share proprietary and confidential information to realize the purpose and goals of the arrangement. Thus, the agreement must include a “Mutual Nondisclosure” provision that defines “Confidential Information” and expressly states the respective parties’ rights and obligations in respect to this confidential information. Most likely, each party will want a promise from the other that they will not disclose confidential or proprietary information to third parties.

In addition, the agreement should address the contributions of each party. In other words: What will each party be bringing to the agreement? Capital contributions of cash, intellectual property (patents, trademarks, copyrights), technology transfers or licenses, distribution network, market access, personnel and other transfers of resources are key components of the alliance agreement.

The alliance agreement should also provide a mechanism for dealing internally with disputes between the parties. This provision may set-up a board, composed of members from both parties, responsible for hearing and resolving disputes. Due to concerns of both time pressure and wanting to maintain internal harmony, partners to an alliance will likely not want to send matters of internal dispute to an outside arbiter. Thus, the agreement should provide a mechanism for dealing with problems or disputes internally.

The sharing of risks and rewards is central to a strategic alliance. This issue is generally the most fiercely negotiated item in any alliance agreement. Profit sharing in proportion to each party’s ownership interest in the alliance is often used. This does align the interests of all parties because each seeks to maximize profit. Losses can be shared in the same manner or limited to the extent of capital contribution. Great care must be taken in defining how net profits will be calculated.

In conclusion, when negotiating strategic alliance agreements, a “no partnership” provision must be prominently included, and the issues of confidentiality of information, party contributions, and allocation of risks and rewards generally require substantial negotiation. If the parties approach that negotiation creatively and work cooperatively to consider a variety of options, provisions can be negotiated that provide acceptable protection to all parties and support a common strategy.

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A leading headmaster has spoke out against the compensation culture and said that children should be allowed to take risks or they would become more likely to hurt themselves. The headmaster, Mr Hughes-DÂ’AethÂ’s, logic is that the rise in compensation claims in this country has lead to an even bigger rise in a health and safety culture.

This health and safety culture stifles the common sense abilities of children, as they are not required to apply any. In his mind health and safety should not be used to the extent that it replaces judgement and personal responsibility. In a speech made at the Independent Schools Council annual conference Mr Hughes-DÂ’Aeth said that children did not have the opportunity to work out what are the dangers around them.

Though it would seem that over time as people have become more aware of their right for compensation for accidents which are not their fault, more and more rules and regulations have been put into place to ensure that people are protected from themselves. Using the example of drowning Mr Hughes-DÂ’Aerth said that it is much better to actually teach children how to swim rather than put up large signs warning them to stay away from the water. It would seem that no matter how signs and warnings are made accidents will still happen and therefore it is important to equip young people with the ability to look after themselves.

However important it might be to encourage children to use their common sense, will it stop the compensation claims if accidents do happen? The director of claims at Norwich Union said that more and more parents were making claims against schools for playground accidents. One such claim was made when the roof of a Wendy house collapsed onto a child. In this situation schools need to do all they can to protect the children from even the slightest bump or knock. Previous generations did not live in such a world, but times have changed with claims being made for the slightest of accidents. It is estimated that compensation claims against state schools cost them around two hundred million pounds a year which is the equivalent of paying for eight thousand teachers. But it is not just state schools that are experiencing an increase in claims, private schools have also reported that they have to handle more claims for personal injury compensation than previously. It doesnÂ’t seem like there is any tolerance of accidents or incidents that may occur when a child is in someone elseÂ’s care regardless of how minor. Compensation claims today are being made for the smallest of injuries which will have few or no repercussions later on in life.

It would seem that there is a conflict between wanting to encourage children to fend for themselves and protecting against compensation claims. There does not seem to be an easy solution because we have now reached a stage whereby people are aware of their rights to make compensation claims. Until this changes, the conundrum will remain.

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Main Category: Medicare / Medicaid / SCHIP Also Included In: Public Health Article Date: 04 Jul 2008 - 4:00 PDT The Centers for Medicare & Medicaid Services issued a proposed rule that will update payment rates …

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NEW YORK (CNNMoney.com) — The waves from a Supreme Court decision that undermines patents on gas pedals could hit Big Pharma like a truck, say some experts.

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Most likely, you’ve heard of Sarbanes-Oxley Act, which requires companies to disclose to investors any business risks facing the company.  Now there’s a new hybrid — Carbox — which refers to a company’s obligation under SOX to disclose a new type of business risk:  the cost of emissions.  As Forbes reports, with climate change legislation likely regardless of which presidential candidate wins, companies may soon be required to comply with limits on carbon emissions.  Companies that exceed these emission caps may face added costs, either in the form of fines for non-compliance or added expenses associated with the purchase of offsets or investment in new technology to reduce emissions. 

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A uncontested divorce is a simple and inexpensive way that most people divorce. It gives you and your spouse the chance to agree upon the terms of the divorce so that you can end your marriage quietly and with dignity.

Once the terms of the divorce have been agreed upon then you include them in the uncontested divorce form and sign off on it plus file it. If your having trouble with coming to terms then try using a divorce mediator before you take it to court. Getting a neutral friend or person to help mediate is a lot cheaper than hiring lawyers to argue it out in court. A divorce doesn’t have to be as painful as you might think.

Besides the fact that an uncontested divorce is the least expensive way to divorce there are however also many other advantages. It’s also a private process and helps to keep the level of conflict between you two to a minimum. Of course you will have to put it on public record when you file it but the various proposals and disclosures you made throughout the process doesn’t have to be on public record.

Even if you and your spouse don’t agree on every issue, you two will probably agree that an uncontested divorce is best to help minimize the cost. Sometimes coming to this realization alone will stop the fighting and will prevent a more expensive divorce where you need a lawyer. From there you can then begin to negotiate until you agree upon all the issues and terms of the divorce. It may take some time, but be patient, you can get through it.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.

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Internet private investigators are people that carry out investigation on the Internet. They are expected to have good knowledge of computer and the online world. Any investigator that is not good with the online world will find it difficult to access information or track down fraudsters.

The job of private investigation is a demanding one. Investigators go through lots of risk of get to the root of the case they are being paid for. Some go as far as climbing trees, walking through tunnels, crawling through the forest and racing on foot.

One activity that takes up most private investigator’s time is surveillance. They keep watch on situations for as long as they can make sense out of the situation and come up with a solution. Some people might see consistent vigilance as waste of time but it is not waste of time. It is real business.

Private investigation job could be risky. Sometimes as a private investigator, you might be faced with life threatening situations. This is because some informants could be aggressive and they could go violent. In such cases, it is expedient to know some skills about self-defense.

In spite of the fact that private investigation is lucrative, it is risky. Many private investigators have been faced with terrible situations that they’ll be forced to run, quit the job or avoid certain intimate investigation. Some even lose their lives in the process.

The importance of private investigators cannot be over emphasized. This is because they are asked to work where even security agencies fail. Sometimes private investigators are asked to continue from where the police stopped.

Private investigation is a career that cuts across gender. It doesn’t matter what sex an investigator is. The most important thing is the ability to solve cases no matter how challenging. An investigator that is physically and psychologically fit and has an analytical mind is capable of the job.

Criminology is one field a private investigator must be conversant with. It is simply the study of crime and it teaches an investigator about the nature of crime and how to verify criminal acts. The person is expected to know the psychology of criminals.

If you want to develop your skills in private detective works, reading articles and resources related to this can be a great help to fulfill your dream. If private investigation courses are not available in your locality, worry not, there is an effective alternative to that. Why not try to enroll in online private investigation courses?

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Have you been injured at work?

If you are an employee and have been injured in the State of California, chances are you would be frequently confused and intimidated by the application of the different laws and procedures.

Remember, each case is different. The law or procedure applicable in one case may not be applicable to your case. Hence, it is best to consult a disability compensation attorney.

For better understanding of the benefits available to you, it is advisable to discuss the several benefits an injured worker is entitled to.

WorkersÂ’ Compensation System

Workers’ compensation is the oldest social insurance program. It is a no-fault system, which means that the injured employees need not prove that the injury is caused by someone else’s fault.

Under this system, an injured worker is entitled to benefits depending on the nature, date and severity of the injury:

• Vocational rehabilitation services

Injured workers who are unable to return to their former type of work are entitled to vocational rehabilitation services if these services can reasonably be expected to return the worker to suitable gainful employment.

This includes the development of a suitable plan, the cost of any training, and a maintenance allowance while participating in rehabilitation.

• Supplemental job displacement benefits

This is a nontransferable voucher for the maximum amount of P10,000.00 intended for education-related retraining or skill enhancement, or both, payable to a state approved or accredited school if the worker is injured on or after January 1, 2004.

To qualify, the injury must result in a permanent disability. The injured employee has not worked for 60 days after temporary disability ends and the employer does not offer modified or alternative work.

• Medical Care

Injured workers are entitled to receive all medical care reasonably required to cure or relieve the effects of the injury, with no deductible or co-payments by the injured worker.

For dates of injury on or after Jan. 1, 2004, an injured worker is limited to 24 chiropractic and 24 physical therapy visits.

Generally, the employer controls the medical treatment for the first 30 days after the injury is reported.

However, if the employee has notified the employer in writing prior to the injury that he or she has a “personal physician” then the employee may be treated by that physician from the date of injury unless they agree for a managed care program.

• Temporary disability benefits

Workers who are unable to work within three (3) days are entitled to temporary disability benefits to partly replace wages lost as a result of the injury.

The benefits are generally intended to restore 2/3 of the lost wages, up to a maximum of $728 per week. It is payable every two weeks and until the employee is able to return to work or until the employee’s condition becomes permanent and stationary.

• Permanent disability benefits

A worker with a permanent partial disability gets weekly benefits for a period which increases with the percentage of disability, from four (4) weeks for a one percent permanent disability up to 694.25 weeks for a 99.75 percent disability.

It is payable at 2/3 of the injured worker’s average weekly wages, but are subject to a much lower maximum. As of January 1, 2004, the rates are $220 per week for disabilities less than 69.75 percent and $270 per week for disabilities rated at 70 to 99.75 percent.

Those with a permanent partial disability of 70% or more may also collect a small life pension, which is a maximum of $257.69 per week.

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