Archive for category Legal news and errata

Automated Debt-Collection Lawsuits Engulf Courts


Full story here:

http://www.nytimes.com/2010/07/13/business/13collection.html?_r=2

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BP buys up Gulf scientists for legal defense, roiling academic community


Entire link to story is here:

http://blog.al.com/live/2010/07/bp_buys_up_gulf_scientists_for.html

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New York office (Manhattan) is now open.


We’re pleased to announce that the Law Offices of David L. Leon, PC, have opened our new satellite office in New York City.

The site for the new office is nylegaladvisor.com

The office address:

590 Madison Avenue, Ste. 2100
New York, NY 10022
(315) 505-6559

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FBI releases 2008 Mortgage Fraud statistics


Full story here

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From NYT: From Treasury to Banks, an Ultimatum on Mortgage Relief


By JOE NOCERA
Published: July 11, 2009
The federal government is taking the largest mortgage servicers to the woodshed on their efforts to modify shaky loans.

Click here for the story

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What happens if someone is seriously injured in a DWI?


The person was was intoxicated may be charged with Intoxication Assault, under Sec. 49.07 of the Texas Penal Code. if the intoxicated actor causes “a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ” that person may be charged with Intoxication Assault, a third degree felony.

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What is a life estate?


A life estate is the right to occupy or use a specified parcel of land for the period of a person’s life.

For example:

John owns a farm. John grants a life estate in the farm to Juan. This means that Juan can use or occupy the farm for the rest of Juan’s life. Upon Juan’s death, the property will either revert back to John, or will be passed to a “remainderman” (depending on how John set up the life estate.)

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Dell sues Psion seeking to cancel the “netbook” trademark


Per CNet News, Texas based Dell Computer is suing Canadian based Psion seeking to cancel the trademark “Netbook”

In its complaint, Dell claims that Psion quit using the mark more than six years ago, and has failed to properly defend the mark against infringing uses.

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Language updates to Dallas Business Attorneys . com


Thanks to Google Translate, the main site for our law firm, DallasBusinessAttorneys.com is now available in Spanish and Vietnamese.

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I have a second lien on my house that I haven’t paid, can they foreclose?


Yes. A second lien can foreclose on the house. However, once the second lien holder forecloses, the second lien holder takes the property “subject to” the first lien. This means that the first lien may still foreclose, and wipe out the second lien holder’s position.

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I am behind on my mortgage. What happens next?


This is becoming more and more common. Many people are facing adjustable rate mortgage (ARM) hikes, or their property values have declined to levels below their purchase value. Couple this with lost jobs, sudden illness or just plain bad luck, and you have a mortgage problem. As for what happens next, here is the process, in a very summarized way: If you do not pay your mortgage, you will be in default, per the terms of your mortgage agreement. Usually the first step is a call from the mortgage company asking you what happened. This is a time to ask for any programs that may help you save your home. If you are unable to work something out at this stage, the next step is for the mortgage company to issue you an acceleration notice. This means that the entire amount of the mortgage due immediately. After the acceleration, the mortgage company may file for a foreclosure, in which they can place the house for auction (typically on the first Tuesday of the month). After the house is sold at auction, the new owner may file suit for an eviction. If you are evicted, a constable will be issued to your home, remove the contents, and eject you from the house. As with most legal matters, the longer you wait to speak with someone, the more difficult it becomes to help you. If you are in trouble with your mortgage, then you should consider getting help as quickly as possible.

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I am behind on my mortgage. What happens next?


This is becoming more and more common. Many people are facing adjustable rate mortgage (ARM) hikes, or their property values have declined to levels below their purchase value. Couple this with lost jobs, sudden illness or just plain bad luck, and you have a mortgage problem.

As for what happens next, here is the process, in a very summarized way:

If you do not pay your mortgage, you will be in default, per the terms of your mortgage agreement. Usually the first step is a call from the mortgage company asking you what happened. This is a time to ask for any programs that may help you save your home.

If you are unable to work something out at this stage, the next step is for the mortgage company to issue you an acceleration notice. This means that the entire amount of the mortgage due immediately.

After the acceleration, the mortgage company may file for a foreclosure, in which they can place the house for auction (typically on the first Tuesday of the month). After the house is sold at auction, the new owner may file suit for an eviction.

If you are evicted, a constable will be issued to your home, remove the contents, and eject you from the house.

As with most legal matters, the longer you wait to speak with someone, the more difficult it becomes to help you. If you are in trouble with your mortgage, then you should consider getting help as quickly as possible. If you would like to discuss your problem with us, please call us at (214) 696-0021

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Attorney Caught in Internet Sex Sting Suspended From Practice for 3 Years


From law.com, the New York state Appellate Division agreed in a split decision to sanction a New York lawyer for allegedly

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Dallas law office holiday hours


Please note that the Law Offices of David L. Leon, PC will be modified for the remainder of the year.December 23, 2008 – regular hours December 24, 2008 – 8:30 -12:30 December 25 – 26 – closedDecember 29 – 30 regular hoursDecember 31st – 8:30-12:30Jan. 1 – 2, 2009, closed 

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L’Oreal complains of eBay’s allowing the sale of counterfeit goods


Associated Press is reporting that French company L’Oreal has complained about eBay’s lax attitude regarding the sale of counterfeit goods. Counterfeit goods are fake goods that contain a legitimate trademark. This complaint seeks to go after the merchant providing a forum for the sale of goods (eBay) in addition to going after the purveyor of the goods (the individual sellers of the goods.) For more information, please click http://www.mercurynews.com/business/ci_11190785?nclick_check=1

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Testing new site’s look and feel


One of our web sites, leonlaw.com, has received a major update. The new site features include an online web form, and a live chat function. Please let us know what you think!

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(editorial) Insurance companies versus injured plaintiffs. Insurance companies won.


 Insurance companies have been inserting subrogation language in their policies. This language states that if you are injured by a third party, and that third party pays insurance benefits, the insurance company gets its money back…even if there’s not enough to go around. http://www.statesman.com/opinion/content/editorial/stories/04/16/0417kostura_edit.html 

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Received a federal subpoena in an email? It may be a scam.


An email purporting to be a a federal subpoena is circulating. In the email, a copy of what appears to be a federal subpoena (complete with official looking decal) asks the user to download Adobe software in order to view the subpoena. The email includes several bits of real information about the user’s company. The software instead downloads software to steal a computer users identity, or take control of the user’s computer.http://www.nytimes.com/2008/04/16/technology/16whale.html?_r=1&oref=slogin 

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We’ve moved!


David L. Leon, PC has moved offices. We are now located at 3500 Oak Lawn Ave., Ste. 205, Dallas, Texas 75219.  We now offer services including wealth preservation, asset protection, and, through our association with Pearce Ferguson and Davis law firm, securities and private placement services.

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Texas Attorney General Sues Web Site Owners


Texas Attorney General Greg Abbott sued the owners of several web sites, claiming that the proprietors illegally collected personal information from minors under the age of 13. http://www.law.com/jsp/article.jsp?id=1196935472235 

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Companies register domain names to protect their trademark


Protecting a company’s name is big business. Many companies are registering domain names to protect themselves from future problems.  Read more: http://www.washingtonpost.com/wp-dyn/content/article/2007/11/30/AR2007113002188.html 

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Trademark news: Spam Arrest vs. Spam (Hormel Foods)…Spam Arrest wins!


Hormel foods sued Spam Arrest, LLC for trademark dilution. After a five year court battle, Spam Arrest won the right to continue using its name. For more information:http://www.reuters.com/article/companyNewsAndPR/idUSN2856002320071128 

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What is probate?


Probate is a process by which an estate is handled. Remember, an estate is just the property of a person.  In many cases, probate consists of going to court, proving that a person is deceased and asking a court to appoint a personal representative of the estate to process the estate (collect estate assets, pay estate debts, and distribute property to heirs.) Probate avoidance is a technique to reduce the amount of work a personal representative of an estate will have to do. 

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Critics report that the Texas Supreme Court favors businesses


For more information: http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-radioshack_19bus.ART.State.Edition1.2a476f0.html

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Dell Computer sues Cybersquatters


Dell is suiing three domain registars for the practice of cybersquatting and typosquatting. Cybersquatting is the practice of registering domain names that are similar to regularly known businesses and profiting by selling ad space. People trying to access the intended site are then thrown to a site with advertising for similar products. Common misspellings of company names are called “typosquatting”

For more information http://www.washingtonpost.com/wp-dyn/content/article/2007/11/28/AR2007112801679.html 

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Microsoft loses patent appeal, ordered to pay $140 million


An east Texas jury ordered Microsoft to pay Z4 $140 million for Microsoft’s infringing use of double password protection software embedded in MS Office 2003. The software allows users to “activate” a purchased copy of the software. Microsoft appealed the verdict to the U.S. Court of Appeals for the Federal Circuit (which hears all patent appeals) and lost.

For more information  http://www.siliconvalley.com/news/ci_7568745?nclick_check=1

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Business Software Alliance pursues companies suspected of software piracy


It seems like a typical scenario. A former employee calls the Business Software Alliance (BSA) and informs them that your company is suspected of using illegal copies of software. The BSA then contacts the company, threatens them with a lawsuit, and asks the company to self-audit their software. After the company admits to wrongdoing, the BSA and the company negotiate a settlement. The question is, does the company have to comply with the self-audit request?

For more information:  http://www.law.com/jsp/article.jsp?id=1196071455725

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Apple settles iPod lawsuit with Burst.com for $10 million


Burst agreed not to sue Apple over current or pending DVR patents, Burst.com said. Burst.com alleged Apple infringed on its patents for transmission of compressed audio and video files in iTunes, iLife, QuickTime, and the ubiquitous iPod.

For more information: http://www.infoworld.com/article/07/11/21/Apple-settles-iPod-lawsuit-for-10-million_1.html 

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Annual Stella Awards–an urban legend


The annual Stella Awards, which lists the most extravagant lawsuits of the year, has been flooding email inboxes for years. However, this year’s top lawsuit was nothing more than popular urban myth, writes Houston Chronicle columnist Rick Casey. Casey cautions the public to take stories like those enumerated in the Stella Awards with a grain of salt and notes that stories about most “frivolous” lawsuits are usually big, fat lies.

 

For more information: http://www.chron.com/disp/story.mpl/metropolitan/casey/5325241.html

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Class action suit against Target for failing to make their website usable by the blind


Class action status was granted in a lawsuit alleging that Target Corp. is breaking California and federal laws by not having its internet site accessible by the blind.

http://www.law.com/jsp/article.jsp?id=1191402188913

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Lawyer sentenced for bribing judges in tobacco cases


Paul Minor, an attorney who handled a large tobacco case, was ordered to serve 11 years in prison. He also was fined $2.7 million and must pay restitution. http://www.law.com/jsp/article.jsp?id=1189155770010 

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Lawyer to plead guilty in kickback scheme


 High profile securities and class action lawyer William S. Lerach agreed to plead guilty today to a criminal conspiracy charge in connection with a class-action scheme involving the Milberg Weiss law firm.http://www.nytimes.com/2007/09/18/business/18lerach.html?_r=1&ex=1190779200&en=f6a6f752f5d4d078&ei=5070&emc=eta1&oref=slogin

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I already have a business in Texas. What can your law firm do for me?


There are several common issues that our firm can assist your business. Most often, people who have incorporated themselves online using forms or internet incorporation sites should have their documents reviewed by our law firm. We can explain the company’s regulations, by laws or operating agreement. We can also assist with annual corporate governance and maintenance. This includes handling the organizational meeting and stock issuance, reviewing corporate meetings and minutes. Our firm can also assist your business with contract drafting and review, collection matters and litigation.

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Hello world!


Welcome to WordPress. This is your first post. Edit or delete it, then start blogging!

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