Can You Work for a Company After Suing? Legal Considerations to Weigh

Model Penal Code vs Common Law: Understanding the Differences

The Model Penal Code

The Model Penal Code (MPC) and its commentary were promulgated by the American Law Institute in 1962, drafted in the 1950s. The purpose and "dream" of the draft was to clearly state those penal provisions which should be uniform throughout the United States, to adequately deal with those modern situations not adequately covered by the common law and to broadly restate those common law penal provisions which should be uniform throughout the United States.
For those interested in the MPC itself , the American Law Institute provides these links:
The Model Penal Code (Crimes) – Uniform Laws
The Model Penal Code (Crimes) – Criminal Procedure
The Model Penal Code: A Brief History – American Law Institute
The Model Penal Code: An Overview – American Law Institute

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Learning About Common Law Marriage

A common law marriage in the United States is not identical to a ceremonial marriage in that it lacks any sort of official documentation. However, the two types of unions usually share the features of a legal and a physical relationship or partnership between two individuals, along with an intention to marry at some point in time. A couple may enter into a common-law marriage when they live together but do not undergo the legal formalities that mark a ceremonial marriage.
Some of the characteristics of a common law marriage include the following:

A common law marriage may be formed without any witnesses.
There may be no legal filings for a common law marriage.
A common law marriage typically does not have any official certificate.
There may also not be any marital property.

A couple entering into a common law marriage must generally have the intent to actually marry. Additionally , they must cohabit in a way that resembles a traditional marriage, such as by having both parties reside with one another and sharing their lives as if they were a married couple. In many instances, a couple may not have a desire to marry or may be unable to do so initially, such as if they are from different religious or ethnic backgrounds or are currently married.

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All There is to Know About Ownership of Property

When buying a house, options exist for how you can own it, both from a legal and finance perspective. If you are buying together it is important to understand the tax implications and legal ramifications of how you own it. Thinking about how you want to own the house is important on multiple levels. The two most common ways to own a property are joint tenants or tenants in common. Joint tenancy means both owners have an equal share of the property. With tenants in common, ownership interest does not have to be equal, but it usually is . A sole owner or corporation can also own property. While anyone can hold legal title, in a married couple situation, if one person contributed more to purchase price, that person receives credit in a divorce or death situation. For instance, if one party contributed 60% of the down payment, and the other 40%, the property would be owned 60% by the person who contributed 60%. The court will recognize that contribution upon division of property. Making sure the agreement is noted with the Land Titles office legally is another protection for the owner.

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All About Share Repurchase Agreements: An In-Depth Guide

What is a share repurchase agreement?

When a company decides to repurchase its own shares, it enters into what is known as a share repurchase agreement. This legal contract outlines the terms under which the company will buy back its own shares, usually from current shareholders. Share repurchase agreements are often offered to employees and current shareholders, and can be part of a compensation package or presented as an investment opportunity.
These agreements are essentially a simple sale of stock where the price is established in advance. For this reason, the repurchase price is typically adjusted to either increase or match the current market price, such as through a formula relating to the fair value or book value of the stock at the time of repurchase . Share repurchase agreements can be for shareholders that are leaving the company, but the agreement can also be structured in a way that leaves the decision to repurchase the shares to the discretion of the corporation, although in practice they are typically repurchased within a short period after a specific triggering event.
Triggers for share repurchases include deaths, a shareholder’s resignation, general retirement and other circumstances in which an employee or current shareholder is exiting the company. Other types of triggering events include: Many shareholders of closely held companies find shares of stock illiquid and participate in a share repurchase agreement so they can cash out their investment. Repurchase agreements work to prevent outsiders from acquiring shares when a shareholder is dead or moves on from the company. Share repurchase agreements also establish the price that a corporate stockholder can sell his or her stock for, also allowing companies to control when shares are sold.

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Notarized Document Legally Binding or Not?

What is a notarized document?

What is a Notarized Document?
Many people have heard the term "notarized document," but are often not clear on precisely what this means. A notarized document is simply a document which has been notarized by a notary public, a legal practitioner who is authorized by the state to serve as an impartial witness in a legal transaction. Notarization of a document is purely a formality performed to ensure the authenticity of a document or establish facts such as the identity of the signer and the time and date of signing.
As an impartial third party, the notary public defects fraud attempts— either by refusing to notarize the document, or by disclosing the wrongdoing as a deterrent. Once a document is notarized , the notary therefore becomes a witness to the execution of the document.
Thanks mainly to the Uniform Law on Notarial Acts ("ULNA") adopted by the states, the powers afforded to notaries in many states today extend far beyond signing documents and storing them in a safe deposit box. Notary publics are now permitted to: administer oaths and affirmations, take verifications upon oath or affirmation (i.e., depositions), certify copies of recorded documents, and perform marriage counseling, among other things. Only the administration of oaths is not permitted by the ULNA.
Generally, the process of notarization involves the following steps: (1) signing of the document, (2) affixation of the notary seal and/or stamp, and (3) recording the notary facts in the notary journal.

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Bailey Legal Group Overview

In an increasingly competitive legal market, boutique firms like Bailey Legal Group thrive by offering specialized expertise and personalized service on a scale that larger legal teams cannot provide. Founded in 2017, Bailey is an absolute powerhouse in the workers’ compensation sphere, and we’re pleased to have them as this week’s featured Firm of the Week.
"The approach we took was to focus exclusively on one area. Workers’ compensation law is the focus of our firm, and that allows us to be experts in this area," founding and managing partner Britany Bailey tells us.
Bailey Legal Group currently consists of 5 attorneys, including 3 equity partners, and support staff who are all trained in the intricacies of workers’ compensation law. As her specialty, Britany maintains focus on workers’ compensation, while her partners also focus on subrogation, general liability, and medical malpractice.
Bailey Legal Group markets to insurance companies and self-insured entities, but they also represent some individuals. The firm’s efforts have led to Bailey Legal Group being recognized as one of the top 10 law firms in volume of accepted cost hearings in 2018 by the California Division of Workers Compensation (DWC).
"There’s not much that keeps us up at night because we work really hard at getting ahead of each case as much as possible. Because we are workers’ compensation lawyers , we’re essentially in the business of denying claims on behalf of our clients," says Britany. "That means that we really strive to get as much information and documentation from our clients as possible, and to give our clients really well-organized and reasonable settlement proposals so that we can resolve the cases at the earliest possible point with a minimum of litigation, time, and expense. The goal for all of us here at Bailey is to be problem solvers and to be strategists based on our clients’ goals."
In their focus on detailed clients services, Bailey Legal Group utilizes Clio and Docketwise to streamline their processes and deliverables. According to Britany, "When our clients ask us for the status of a case or the availability of files or documentation, it’s all at our fingertips. That’s important, because that’s what makes our clients want to work with us."
Bailey Legal Group has built their reputation in the workers’ compensation field by focusing on winning their specific cases, and clients know they can count on the firm for consistent results and quality. In the important words of Britany, "Knowledge and service really are our best assets."

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What is a Separation Agreement in Ontario?

A legal separation is a status not formally recognized in Ontario law, but commonly used in the context of marital relationships. When two spouses claim to be legally separated, it means they are living apart from each other. A married couple may legally separate in various ways, ranging from not taking specific actions to initiating specific, legally-binding steps. As a practical matter, however, separation is the action of one or both spouses terminating their cohabitation.
In Ontario, a couple that separates can choose to do anything they like and as a result, the options for how they may proceed once they have made the decision to separate are vast. They can continue to live under the same roof, splitting household costs and keeping the household running; they can decide to go their separate ways and remain amicable, or they could simply decide it’s best that they no longer talk .
Instead of looking at separation as a defined period of time, it is more useful to see it as any period during which one party or both parties decide to live independently of the other.
It is essential that as part of the legal separation process, you determine the rights and obligations you and your spouse will have in terms of the following:
If your separation is amicable, you can discuss these issues together and arrive at a fair and workable solution that meets both your needs. If your separation is not amicable, you will both likely want to meet separately with your own Ontario family lawyer to ensure you understand your legal rights and obligations. A legal separation agreement is a binding legal contract outlining your decision about the issues you discussed.

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Reciprocal Easement Agreements 101: Key Features and Advantages

What is a Reciprocal Easement Agreement?

A reciprocal easement agreement is a contractual arrangement whereby two or more property owners agree to share certain rights of ingress and egress, or the right to enter and exit an area, in the event that one of the properties is subdivided. In the vast majority of cases a reciprocal easement agreement must be in writing in order to be enforceable under the statute of frauds. A well-written and legally sound reciprocal easement agreement is an effective tool that helps the parties avoid boundary litigation as well as expenses related to subdividing their property in the future.
Reciprocal easement agreements also present the parties with the opportunity to allocate expenses associated with the easement or other easement issues. It is not uncommon for property owner A to construct a road to the property owned by property owner B for the express purpose of allowing property owner B to access his or her property in the event the property is subdivided. Thereafter , if owner A wishes to subdivide his or her property, owner A and owner B can agree that they will split the expenses associated with paving and maintaining the road that has already been constructed.
We help clients negotiate and draft reciprocal easement agreements between many entities, including but not limited to, neighbors between whom a road or walkway must be maintained and landowners who seek to avoid impact fees by constructing and sharing in the expense of a road on the property.

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The Lowdown on New Jersey Cremation Laws

Avenues of Cremation in NJ
Cremations are governed by the New Jersey Board of Mortuary Science and regulated by the New Jersey Department of Law and Public Safety. The Board of Mortuary Science sets forth professional and sanitary standards which must be followed by all crematoriums in the State of New Jersey.
Pursuant to N.J.A.C. 13:36-7.5, the "Operation of crematory or crematory and cemetery in same geographic location; base fees; crediting of payments on account; maintenance of price list; services or supplies from other providers; trust fund deposits for prepaid and non-prepaid contracts; and applicable sales and use tax" (a)(2) "If the crematory is a crematory and a cemetery located at the same site , the crematory shall be owned by the cemetery and shall operate as a crematory in conjunction with the cemetery."
N.J.S.A 45:16-9.1 "Definitions; person who directly controls disposition to include funeral director in charge, funeral director, and funeral home operator" "As used in this act: the term "person who directly controls the disposition" means the person or persons, including the funeral director in charge, the funeral director or the operator of the funeral home, who makes arrangements with the funeral home or crematory for cases received into the funeral home or crematory;"

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Finding The Funds: Grants Covering Legal Fees

Legal Fee Grants Explained

Legal fee grants are a type of financial aid a party in litigation can apply for. Generally they are designed to help those who have limited financial means pay for legal fees associated with their representation in a lawsuit. For example, many grants are available expressly for plaintiffs in cases who lack the resources to bring a lawsuit or defend a lawsuit due to mounting legal fees. These grants are especially popular in class action cases, where a plaintiff may not be able to afford to hire a lawyer on an hourly basis. Some grants are available to organizations , while others are open to individuals in need. These grants can allow a plaintiff to manage legal expenses, help their attorney be paid for their work, and possibly speed up the settlement or trial process. If both sides of a case retain counsel, as often happens, costs associated with discovery can double and lead to expensive appeals (if the case is resolved by either party). Legal fee grants can make it easier for all parties to resolve a case.

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