Posts Tagged ‘Issues’

Starting An Internet Business: Understanding Common Legal Questions

Saturday, November 22nd, 2008


Starting an internet business is much easier now than it was ten years ago. Now it is possible to use open source software, outsource software development overseas, have your website hosted in the cloud, and register a domain for $10. However, there is also more to consider when you’re starting an internet business. Here are answers to many of the most frequently asked legal questions by entrepreneurs getting started online.

Does My Designer Or Agency Own My Website?

When you pay to have your website designed you should double-check with your agency whether or not you will own copyright to the work. This should be outlined in your contract. If you do not discuss this with your designer they are unlikely to claim that they own copyright at a later stage, but they would certainly be entitled to. In the UK the creator of the copyright will own all of the work unless it was completed as a result of a work-for-hire agreement, or you have a contract with the designer that says otherwise. The same also applies if you use the services of a software developer, a writer, or even, potentially, a translator.

In this instance where you may have a dispute with your designer, it’s best that they don’t have the ability to take down your website. That’s why you should control access to where the domain name points and you should also make sure they are not given unregulated access to the server once things are up and running. Try not to become too reliant on one supplier – it’s an easy mistake to make. You are probably best to use a separate provider for domain names, hosting and web design.

What Legal Entity Is Best For Me?

When you’re starting an internet business you’ll be able to decide between starting a limited company and starting out as a sole trader. If you are going into business with a partner, you will have to become a partnership rather than a sole trader. As a partnership or a sole trader you will not have to submit paperwork to Companies House, however you will have full liability for anything that goes on with the business. As a limited company you will have more reporting requirements; however you will not be liable should your business get into debt. In the long run, should your internet business be successful, you will most likely have to incorporate your business and become a limited company.

How Do I Make UK Law Apply In All Of My Contracts?

It is most likely the case that you would like UK law to apply to all transactions, and for any court proceedings to take place in the UK. That’s why you have customers accept terms and conditions, and you should also have terms of use and a privacy policy which say the same thing. It’s important to mention that UK law will be used, and that any legal proceedings will take place in the English courts. It’s possible for UK law to be judged in an international court, or for an international law to be judged in the UK. This is particularly relevant for an internet business.

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Law and Legal

California Environmental and Toxic Tort Law

Saturday, November 22nd, 2008

Environmental and Toxic Tort Law cases in California are often one and the same. In an age when the carelessness of large corporations seems endless and the public has awoken to environmental dangers such as global warming and pollution of groundwater, such cases can not only provide a measure of redress to injured plaintiffs but also assist in the fight against what some entities would do to our planet in the name of profit.

Individuals in their homes, at work, in school and during leisure or recreational activities are exposed to toxic chemicals, drugs, and mercury from the places they live, work, or elsewhere spend time and what they eat and drink and the cosmetics they use.

They can be damaged by exposure to asbestos, lead, mercury, zinc, chromium, TCE, PCBs, arsenic, benzene, beryllium, pesticides, silica, manganese, formaldehyde and other toxins from places and things they would never have expected. Examples include lead-paint covered toys, toxic chemicals not only in the groundwater and the tap water used by companies to fill bottled water.

But pollution can come from the air, from the water, from the soil, and from other sources one often doesn’t consider. Pollution also comes from electro-magnetic fields, cigarette smoke, and mold in the home or at work.

Air pollution includes unhealthy levels in the air quality index, acid rain, indoor air quality, and particulate pollution from construction. Smog and haze aren’t just depressing, they can also be deadly when filled with types of pollution that is of particular risk to the elderly. Carbon monoxide, sulfur dioxide, nitrogen oxides and chlorofluorocarbons are just some of the chemicals one faces in every day life. Too much of any of these can cause severe problems including cancer and even death to most anyone, not to mention other damage to the ecosystem.

Water pollution can come from wastewater, surface runoff, sewage, waterborne diseases, water quality, oil spills, ship pollution, and ocean acidification, just to name a few sources. Soil pollution can come from herbicides, pesticides and even from invasive species. Among those soil contaminants people should be most concerned with, are MTBE, heavy metals, hydrocarbons, and chlorinated hydrocarbons.

Because it happened thirty years ago, many today are unfamiliar with or have forgotten the groundwater pollution case known as Love Canal. In the late 1970s, residents in the Love Canal area of New York were suffering from high rates of cancer and birth defects. The cause was traced to chemicals that had infiltrated into the groundwater and water supply from an industrial landfill. Hundreds of families were reimbursed for their damages but had to move from the area.

Radioactive contamination is becoming more and more of a problem. There is already plutonium in the environment, radium in the environment, uranium in the environment and other environmental radioactivity. Soon we will be hearing more about alpha emitters and actinides.

Recently there has been much publicity about the increase in bed bugs in hotels, schools and homes. When one goes on vacation, one must also worry about lice, ticks and other bugs that can be carried home. When one goes to the hospital or to the doctor, one can return with a more dangerous infection or virus than the problem the patient was originally concerned about.

While not a health risk, there is also visual pollution such as that caused from billboards, to the recent addition of advertising at the gas pump, in elevators and in public restrooms, as well as light pollution.

In the health field, pollution can come in the form of contamination of blood, from the environment of the hospital, the medications, thimerosal (a preservative used to prevent spoiling in vaccines) surgical implants, the beds or from other patients.

If you think a toxic material has caused or contributed to your injury call your toxic tort lawyer today

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