The Court Of Public Opinion

Plaintiffs involved in pharmaceuticals lawsuits like Zyprexa and Fen-phen etc, can now get Lawsuit cash advances. 99% of Plaintiffs involved in Lawsuits Don?t Realize They Can get Cash Advance before Their Case Settles.

Zyprexa (olanzapine) is a second generation or atypical antipsychotic medication produced by Eli Lilly and Company. Zyprexa was FDA approved for the short-term treatment of acute manic episodes in bipolar disorder.

In 2003 the FDA required that the class of drugs known as atypical antipsychotic, including Zyprexa, include warnings about increased risk to patients of development of diabetes and hyperglycemia. In 2004, a federal prosecutor announced an investigation of Eli Lilly, in relation to the techniques it has used to market Zyprexa.

To date, over 16 million people have used this drug. The FDA has identified there have been 384 reports of diabetes Zyprexa side effects, including 23 deaths. There have been many questions regarding the popular drug Zyprexa and its safety. The potentially fatal Zyprexa side effects have resulted in Zyprexa lawsuits.

A relatively new source of financing is now available for plaintiffs involved in Zyprexa or other pharmaceutical lawsuits. It is called lawsuit funding or often referred as Lawsuit Loans, Lawsuit pre-settlement financing, Legal finance or Litigation cash advance, but these are not loans because the money does not have to be paid back unless the case is won or settled. These are Non- Recourse Cash Advances. It carries No Risk because Plaintiffs owe Nothing if they lose the case. The client must be represented by an Attorney, and need money prior to settlement due to financial hardship.

It doesn?t seem fair. Even if you win your Zyprexa litigation, the money you get may come too late. You need money now! Lawsuit cash advance or so called Lawsuit loan can help you buy some time with a cash advance on your pharmaceutical drug litigation settlement.

Pharmaceutical drug litigation can take years to settle, which can be a problem if you?re sick or are unable to work. You can have a solid pharmaceutical drug litigation claim and a strong legal team, but the drug companies have deep pockets. Without a cash advance to pay your bills and other expenses, you may have to take a low settlement offer for your pharmaceutical drug litigation.

The process to receive Zyprexa Lawsuit Loan is Risk Free & simple. Plaintiff may have a bad or no credit. There are no monthly payments. The total process is confidential, prompt and discreet:

1. The first step is to complete an Application Form.

Making an application is free and there is no obligation. Approval is fast.

2. Plaintiff authorizes attorney to release case information to underwriters

3. Quick and thorough underwriting process to qualify client.

4. If approved Plaintiff completes funding agreement

5. Bank check delivered to Plaintiff

6. Plaintiff payback upon successful settlement/verdict of case

They can use the Cash Advance in any way they like. They can use the money for Living Expenses; Pay their Bills, Mortgage/ Rent / Car Payments, Medical Treatment, Education Expenses. As a matter of fact Use it any way they like.

There are very few good internet sites that give good information on various types of Lawsuit cash advances or Lawsuit Loans (Non-recourse).

About The Author:

The author is a Legal Funding Consultant specializing in Pre-settlement Funding and has written authoritative articles on the finance industry. He is engaged in providing free, professional, and independent advice to the residents of United States. He is currently assisting Plaintiffs (Individuals and Business Owners) involved in Lawsuits and Attorneys to get Lawsuit Pre-settlement Funding. For more information please visit http://www.easylawsuitfunding.com. They offer funding on all types of Lawsuits including Zyprexa Lawsuit and their services are nationwide (except Ohio).

You can also email him at Paul@easylawsuitfunding.com

Lemon Laws are not just for automobiles anymore. There are lemon laws that protect consumers from defective computers to puppies. You have rights after a purchase, you just need to know how and where to find the legal representation that best suits your situation.

Lemon Laws were designed to give the unsuspecting public from would-be frauds and sellers of damaged merchandise. Were it not for this respectable constitutional protection under the laws of our great nation, there would be more crime and violence exhibited than you could imagine. The unfortunate side is knowing where to seek the proper specialists that can provide the right counsel for your wronged situation.

We’ve all purchased an item that hasn’t lived up to it’s claim and we naturally assume the seller was probably aware before the sale that it was defective. Often a bargain is far from it, and once we buy into the bargain price, we see how we were taken. Being on the end of a bad deal doesn’t have to end there.

Lemon Laws actually save us from doing the unthinkable so many times. When we learn we have a defective item, we can follow some very clear cut steps to seek resolution. Legally, you have rights to correct this type of situation and once you’ve applied yourself constructively to get your money refunded, you can see how valuable the lemon laws really are.

Lemon Law Specialists can save you more than just the refund amount due to you. If there was intent to intentionally defraud you, you can seek additional restitution for your loss of time and additional expenses associated with the fraudulent item.

Take the time to read more in the area you feel your item is related and see what your options are. Don’t think you don’t have a voice or say in a bad purchase. Actually, your willingness to speak up and pursue your wrongful purchase can avoid it happening to others. You are exersizing your rights and helping to protect other unsuspecting victims like yourself.

http://wealthsmith.com/lemon-law-articles.htm

Jim is an online writer that covers the topics that you want to know more about. Check out his latest subject, Lemon Laws: http://wealthsmith.com/lemon-law-articles.htm

Contracts are the foundation of all business transactions, the agreements that bind people to their word. So, what constitutes a violation of a contract?

When is a Contract Violated?

A contract is simply an agreement between two or more parties to do something. A simple example might be a situation where I agree to sell you a car. In such an agreement, I am binding myself to deliver the vehicle to you. In turn, you are agreeing to deliver money or some other agreed thing to me in exchange for my act. Ah, but what if things don?t work out?

A violated contract occurs where one or more parties do not live up to the terms of a contract. Using our example above, I would be in violation of the contract if I did not actually sign over title to the car or give you the keys. You, in turn, would be in violation of contract if you did not give me the money or wrote a bad check. Either of these failures would be enforceable in a court of law.

Importantly, not all violation of contract situations carry the same wait. To give grounds to a lawsuit, the violation must be ?material?. What does this mean? Well, it depends on the law of your state. In general, a material violation is a significant failure to meet the contractual terms. For instance, if I forget to sign something on the title transfer for the car in our example above, but then do so when you raise the issue, I am not in material violation of the contract. You were not really harmed in any significant way.

As you might imagine, businesses spend a lot of time in court arguing about these situations. What is material and what is not is often determined by the situation. Assume I order 1,000 toys from you for delivery on November 25, the day after Thanksgiving. Something comes up and you cannot deliver them till the following Monday. Is this small delay a violation of the terms of contract? On one hand, it is only a few days. On the other, those days occur right in the middle of the biggest shopping period for toys each year. There is no absolute answer to the question, but a court is probably going to be receptive to my claim against you.

What is a violation of the terms of a contract? Typically, it is something more than just a minor failure or delay in meeting a contractual obligation.

Gerard Simington is with FindAnAttorneyForMe.com – offering legal information articles.

Need to take legal action or perhaps looking for a career? The answer could be with an attorney, otherwise known as a lawyer. An attorney seeks to represent individuals, groups of people and companies in a court of law on varying matters. An attorney is usually a specialist in one or two fields allowing them to be the expert when it comes to the legalities within their chosen field.

An attorney is by no way a cheap method of getting your point across in a court of law. On the other hand, representation by an attorney, mainly by one who really understands their specified are, helps you in winning your case. Depending on the situation that you find yourself in, you may be fortunate to get a pro-bono offer from an attorney. Pro bono is an agreement to help out a client on a free arrangement. Pro-bono proposals may have terms along with it, that should the case be won, a fixed percentage of the money awarded will be passed on to the representing attorney. Attorneys may give this proposal, in order to attract people, and gain goodwill or there may be another reason for this arrangement.

Hiring services of an attorney is not easy, especially when there is a money consideration such as fees. It is also not easy to become or be an attorney. It requires lots of hard work, years of study, long hours of work and never ending research after the fact.

To become an attorney, candidate must have a bachelor degree of approximately three to four years duration in any field. Even postgraduate students have to study and attend law school for three years, in order to become an attorney. There are several options of fields at law school, most of the students choose the most popular general law degree and not specialize in anything. That leads to broadening their option for a wide range of case load. They can also take suggestions from your mentors.

In today’s society, being an attorney is rated as being one of the busiest and wealthiest occupations around. With society’s incessant need to sue people for the smallest of things, the attorney quite obviously is reaping the benefits. But for how long will this go on? For how long can an attorney be given super hero status at the expense of eliminating everything life has to offer us for fear of a lawsuit is the question.

The author, has learned that having access to an Attorney is a necessity. Lawrence X. Young is founder of Fair Attorney, an excellent resource site dedicated to information about Attornies and the law.

Very few people sit around, trying to think of ways to pay their lawyer MORE money. Actually, they are probably sitting around, thinking that THEIR lawyer is sitting around, thinking about ways to CHARGE more money. This isn’t true – lawyers can charge plenty of money ethically, because litigation is complex, and usually involves hours of preparation. Lawyers usually charge by the hour. Hours of preparation. Hourly rate. Hours hours hours…

So how do you keep the lawyer fees down? REDUCE the hours the lawyer charges for preparation! In other words, there are things you can gather or prepare for your case, that could be done by your lawyer. If they are done by you, the cost to you is time.

For example, let’s take a divorce, with a modest estate, with custody at dispute. Since the divorce involves property, give your lawyer the last 4 or 5 bank statements, portfolio statements, 401(k) or pension statements, and other such investment and financial statements. Own a house? Provide the last appraisal. No appraisal? In that case, it’s actually cheaper to just order one right now, because it’s going to come in eventually. Oh, and all the same documents for your spouse (don’t break any laws getting the documents, however. It’s not necessary). Make a list of all your deductions fromyour paycheck, utility bills, monthly payments (like car payments, insurance, etc.), other regular payments (like quarterly tax payments, real estate taxes, etc.). Your locality may have a form for this, but do it now on your own.

INVENTORY YOUR HOUSE! There is NOTHING more important than to have an accurate list of the items in your house. If anything is declared on insurance riders, like jewelry or musical instruments, include that also. Take pictures of every room, with the furniture in its usual place. If you have receipts for items you purchased, get them! Make a note of any item you think is not or should not be marital property. You may be wrong on everything, but having such a list makes it easier to review and develop strategy with your lawyer.

Income is usually looked at, so bring your last 4 or 5 Federal and state income tax returns and attachments, 6 months of pay stubs and bonuses, and statements showing investment income. If you run your own business, your books! Profit and loss statements, balance sheets, and checking account statements. Same information for your spouse, if you can get it easily. Bring any documents showing the existence of loans.

Where custody is involved, get school records, medical records, pickup and dropoff logs at the daycare, diaries, letters from the children to you, counseling records, and the like. Go through your check book (if it’s your name or is a joint account) and make a list of checks you wrote for ANYTHING involving the children. If it’s a joint account, then list EVERY check involving the children, whether you or your spouse actually wrote the check, because a joint account means it is your money, regardless of who wrote the check.

Finally, SUMMARIZE! First, ask your lawyer to ASK you to summarize. That way it’s work product and can’t be discovered by the other side. Summaries are excellent tools to save you money on lawyer fees by focusing the lawyer on the important facts. At the same time, summaries help you remember key points, and develop the story of your case.

The suggestions in this article will save you money, by saving your lawyer the time to gather these documents. It might annoy you,to do what you hired a lawyer to do … until you remember that you hired your lawyer to PRESENT the case. Take yourself out to dinner on the money you save!

Erik Carter is an experienced family law litigator. He has created a website to help non-custodial fathers at http://onestop.easystorecreator.net He has also written two books: Aggressive Pleadings For The Non-Custodial Father http://dadspleadings.easystorecreator.net and Six Temptations Of Jesus Christ http://www.knowledge-download.com/SixTemptations

While dogs may be our best friends, some dogs can become aggressive and bite someone. A dog bite falls under the law in the personal injury category. Each state has various laws regarding the liability of the dog?s owner. Following are things you should do if you are bitten by a dog.

Dogs that bite can do it for a number of reasons. Perhaps the dog has always had an aggressive nature and perceives you as an unwanted stranger. Historically, there are certain breeds that have been known to harbor aggression. The Pit Bull breed is a common example.

The dog?s breed is only one factor and doesn?t always mean the dog will be aggressive and prone to biting. You might encounter a dog that has been healthy in the past and free from offensive behavior. However, now the dog has suffered from a health illness such as rabies. Rabies can cause dogs to become disoriented and lash out by biting people. A classic sign of rabies is drooling and foaming of the mouth.

If you are bitten it is imperative that you have your bite checked out at the hospital as soon as possible. Dogs can be a host to several bacterial and viral infections that you can contract such as ring worm. Make sure however, that you remember the type of breed to help a doctor assess the extent of the wound. Write down the contact information of the dog?s owner should you need to file a lawsuit.

Dog bite lawsuits arise when the dog bite is serious enough to cause injury, mental aggravation, and hospital bills. It was beneficial that you wrote down the dog breed and the dog owner?s contact information because you will need it when filing a dog bite lawsuit. Should you choose to file a dog bite lawsuit, you will need to contact an attorney to understand your rights and requirements for filing.

An attorney will explain the specific dog bite lawsuit laws in your state. It is good to know that the majority of states hold the dog?s owner liable for any dog bites. It will also need to be determined if the owner had prior knowledge of the dog?s aggression. This is termed ?dangerous propensities?. Did the owner know in advance that their dog was of a certain breed that is prone to biting? Did they provide the required safeguards to control this unwanted behavior in their dog?

Additionally, some states have enacted legislation that involves ?strict liability?. The owner is liable for their dog?s actions whether they knew the dog was dangerous or not. Anytime their dog bites someone they are held liable no matter the situation or circumstances.

On the flip side of the coin is to view this from the dog owner?s perspective. Let?s say the dog owner had prior knowledge that their dog may be dangerous or may bite someone. The owner then took protective measures to keep his dog in a secure area. He also had placed ?Beware of Dog? signs on his property and has warned others not to approach his dog as the dog may attack. The owner had done all this, but someone didn?t listen or even provoked the dog on purpose.

If the owner has provided these safety precautions they are sometimes not liable due to ?contributory negligence?. ?Contributory negligence? means that the person who was bitten understood the dangerousness of the animal, but proceeded to place themselves in the dog?s environment anyway. This type of dog bite lawsuit often ends in favor of the dog owner.

If you do file a dog bite lawsuit you can sue for compensation regarding medical costs you will incur due to the dog bite, pain and suffering, property damage, and affected wages. A vicious dog bite can leave you unable to work for some time and you need a way to recoup your losses.

You can also be awarded punitive damages in some cases. Whether or not you are awarded punitive damages depends on the behavior of the dog?s owner. Did the owner intentionally provoke their dog and put you in the line of fire? If so, the dog owner?s behavior will be punished by granting you an additional punitive damages settlement.

If you suffer from a dog bite you can rest a little easier knowing that many health insurance plans cover costs associated with dog bites. Hopefully, you won?t ever have to deal with a dog bite and dog bite lawsuit. Understand though that if you are bitten by a dog you do have legal claims. The extent and nature of the legal claims vary from state to state, but the basic guidelines have been discussed in this article. Consult an attorney that has worked on dog bite lawsuits in the past to figure out the best course of action.

Visit the Dog Bite Lawsuits website to research dog breeds & get free tips on dog training, dog books, dog products & how to find dog sitters & dog walkers.

In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald’s coffee, which she had placed between her knees.

The jury’s award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald’s callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000. Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.

(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)

THE FACTS OF THE CASE

Mrs. Liebeck, while a passenger in her grandson’s car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190? Fahrenheit) hot water onto her lap.

She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.

Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald’s for $20,000.

McDonald’s refused to settle and the case went to trial.

FACTS PRESENTED AT TRAIL

The jury heard the following evidence in the case:

? McDonalds’s coffee sales are $1.3 million per day.

? By corporate specifications, McDonald’s sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;

? The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;

? McDonald’s admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years — the risk was brought to its attention through numerous other claims and suits, to no avail;

? From 1982 to 1992, McDonald’s coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;

? Not only men and women, but also children and infants, have been burned by McDonald’s scalding hot coffee, in some instances due to inadvertent spillage by McDonald’s employees;

? At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;

? Witnesses for McDonald’s admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald’s required temperature;

? McDonald’s admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;

? McDonald’s witnesses testified that it did not intend to turn down the heat — As one witness put it: No, there is no current plan to change the procedure that we’re using in that regard right now;

? McDonald’s admitted that its coffee is not fit for consumption when sold because it causes severe scalds if spilled or drunk;

? Liebeck’s treating physician testified that her injury was one of the worst scald burns he had ever seen.

? Moreover, the Shriner’s Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.

In refusing to grant a new trial in the case, Judge Robert Scott called McDonald’s behavior callous. Moreover, the day after the verdict, the news media documented that coffee at the McDonald’s in Albuquerque [where Liebeck was burned is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that, the margin of safety has been increased as a direct consequence of this verdict.

By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services ? www.captran.com.

This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney. ? 2003 CapTran

By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services ? http://www.captran.com.

When you go to the doctor or hospital for injuries you received from an accident or malpractice, in all likelihood your health insurance company will be paying your medical bills. [This does not include car accidents, where your no-fault insurance company will be paying for your medical bills up to a certain dollar limit.

If you continue to receive medical care for your injuries and those bills are paid by your health insurance company, then your health insurance company has a right to recover those monies that they paid for your medical care. Why? Because your injuries were caused by someone else. If you bring a lawsuit claiming pain and suffering and also that you incurred medical bills and you get money for your injuries- your health insurance company wants to be repaid.

Technically, your health insurer ‘steps into your shoes’ and can bring a claim against the insurance company of the person or hospital who caused you harm. They can obtain their money directly from them. Alternatively, the health insurance company can bring a claim against you, the injured victim saying that since you settled your case, you are obligated to repay us for what we already paid out to your doctors. This is the ‘right of subrogation’. It appears in very small fine print in most every health insurance policy in New York.

Some policies are very specific and say, If you bring a lawsuit to recover money for your injuries, and we have paid for your medical bills, we have a contractual right to be repaid. The Courts in New York have consistently permitted health insurance companies to intervene in pending injury lawsuits to allow the health insurer to recover money that they already paid.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

1. Lawsuits seek to compensate you for your injuries.

a. They compensate you for:
i. Your lost wages, and your future lost wages,
ii. Your medical expenses, both past and future, and
iii. Your pain and the suffering it caused in the past, and for the future

2. Lawsuits do not directly seek to harm anyone?s reputation.

3. A doctor who is sued will not lose their medical license if the lawsuit is successful.

4. A lawsuit attempts to compensate the injured victim, and at the same time, try to ensure that the same type of bad treatment is not repeated in another patient.

5. ?A lawsuit is not a lottery.?

a. This phrase is often used by defense attorneys during jury selection to remind jurors that their job is not simply to allow the injured victim to ?hit it big? and award huge amounts of unjustified money.

b. A more realistic approach to a lawsuit is for reasonable, full and fair compensation to allow you to recover all of your past and future expenses, and all of your past and future pain and suffering compensation.

6. You don?t have to pay any money upfront to an attorney to handle your case. There is no ?hourly fee?.

a. Medical Malpractice and injury cases are generally handled on contingency.

b. That means that the attorney fee depends upon you winning your case. If you lose, the attorney loses as well, and receives no fee.

c. The expenses that the attorney pays to prosecute your case are technically supposed to be repaid by the client in the event the case is lost. However, as a personal matter, I have never asked a client to reimburse me for my expenses if I lose a case. It just doesn?t make sense to do so, and in my personal opinion, it?s bad business. However, some attorneys do require this, so make sure you ask first before you make your decision.

7. Not every attorney has the same experience.

a. Ask your attorney how many years they?ve been in practice,

b. Ask the attorney what percentage of medical malpractice or accident cases he handles compared to other types of cases,

c. Ask whether he/she tries cases in the Supreme Court (it?s the trial level court for New York,

d. Ask whether he?s ever lost a case;

i. If he tries cases, and claims he?s never lost a case?I?d suggest either that the attorney is not being accurate, or simply only accepts clear-cut cases that he cannot lose- that?s extremely rare.

ii. The majority of trial attorneys will have lost a case from time to time. Unfortunately, it?s the nature of the beast.

e. Ask whether the attorney you meet with will be the one handling your case on a day to day basis. If not, who will be your attorney? Whom will you call with questions? How quickly will the attorney call me back? How often can you expect to receive correspondence from the attorney about the status of your case?

8. A lawsuit takes time to come to a conclusion.

a. The average time is 2-3 years from start to finish.

9. How often do I have to come into the attorney?s office during this time?

a. Once to meet the attorney in an initial meeting,

b. Once to sign documents that start your lawsuit (often this can be done by mail),

c. Once to have your deposition (where you are asked questions by the other side?s attorney),

d. At least once to prepare you for trial, and sometimes two or three additional times to prepare you.

10. As in life, there are no guarantees to winning. However, with good experienced counsel and thorough preparation, you stand a much better chance of being fully informed about your prospects and achieving a good result.

Gerry Oginski is an attorney with over 16 years of experience handling medical malpractice and injury cases involving car accidents, trip and falls, defective products and medication errors. His consultations are always free. He invites injured victims and their family members to call with any legal questions they may have about their injuries or their accident. The consultation is free, and there is never any pressure or obligation at any time. Call Mr. Oginski today and get the information you need to help you through the legal minefield; 516-487-8207.

Regardless of the type of business you conduct, there is a significant risk of being sued in our litigious society. Lawsuits can range from claims of negligence to defective products to disputes with employees. Incorporating is a means of guarding against these potential threats.

Single Incorporation – Protecting Your Personal Assets

Incorporating your business is a method for creating a legal wall between your personal assets and business. Any judgment against your business will not impact your personal assets. While your home, savings, stocks, etc., are protected, what happens to your business? If a judgment is rendered against your business, the business assets are as good as gone. This doesn?t have to be the case.

Double Incorporation Strategy – Protect Your Business Assets

Many businesses can benefit from pursuing a double incorporation strategy. The strategy is designed to address the situation where a business has significant assets that are exposed to litigation risk. If you incorporate your business, it is all well and good that your personal assets are not at risk. But what if your business has a number of high value assets such as manufacturing machinery, office equipment, popular domain name, custom software or other items? Merely incorporating your business will not protect these assets because they are owned by the business entity. Since a successful lawsuit would result in a judgment against the business entity, all assets of the business could be seized as part of the judgment. In short, you lose your machinery, office equipment, intellectual property or any other item of tangible value. The double incorporation strategy prevents this scenario.

As the name suggests, the double incorporation strategy involves the creation of two business entities. The first is your at risk business that interacts with your customers or clients. The second entity, a holding corporation, is then created to own the valuable assets of your business. This holding corporation then leases the relevant business assets to your at risk entity. If the at risk entity is sued, the holding company merely recovers its assets and the plaintiff is forced to settle for pennies on the dollar because the at risk entity has few assets. In essence, the plaintiff wins the battle, but loses the war.

Most people know that a business entity can be used to create a protective shield for their personal assets. If your business has high value assets, now you can use this double incorporation strategy to protect those assets as well.

Richard Chapo is the lead attorney for the law firm http://www.SanDiegoBusinessLawFirm.com – a firm providing legal advice to California businesses. This article is for general education purposes and does not address every facet of the subject matter. Nothing in this article creates an attorney-client relationship