"Fact-Checkers Howl, but Both Sides Cling to False Ads" - NYTimes.com

Maybe THE most important issue for future elections:  How to provide some accountability for truthfulness (or a lack thereof) to the American electorate?


Fact-Checkers Howl, but Both Sides Cling to False Ads - NYTimes.com:

'via Blog this'

"In his very first television advertisement last year, Mitt Romneyhighlighted the nation’s dire unemployment crisis, its record number of home foreclosures and the rising national debt, and showed video of President Obama delivering this arresting remark: “If we keep talking about the economy, we’re going to lose.”  There was one problem: the quotation was taken so wildly out of context that it turned Mr. Obama’s actual meaning upside-down. The truncated clip came from a speech Mr. Obama gave in 2008 talking about his opponent, Senator John McCain of Arizona. The full quotation? “Senator McCain’s campaign actually said, and I quote, ‘If we keep talking about the economy, we’re going to lose.’ ” 

PolitiFact.com, the Pulitzer Prize-winning fact-checking Web site, rated the advertisement “Pants on Fire,” its most deceptive rating possible, but it achieved what the Romney campaign had hoped: people started talking about the sluggish economy and how Mr. Obama’s campaign promises had fallen short. And it set the tone for the campaign that followed, which has often seemed dismissive of fact-checkers.

“We’re not going let our campaign be dictated by fact-checkers,” Neil Newhouse, the Romney campaign’s pollster, said this week during a breakfast discussion at the Republican National Convention in Tampa, Fla., that was sponsored by ABC News and Yahoo News. He said that fact-checkers brought their own sets of thoughts and beliefs to their work, and that the campaign stands behind its ads. 

Every four years there are lies in campaigns, and at times a blurry line between acceptable political argument and outright sophistry. But recent events — from the misleading statements in convention speeches to television advertisements repeating widely debunked claims — have raised new questions about whether the political culture still holds any penalty for falsehood. 

Brooks Jackson, the director of FactCheck.org, a project of the Annenberg Public Policy Center of the University of Pennsylvania, said that at various points this year both sides have blithely gone on repeating statements that were found false. “They don’t care,” he said, “because it gets votes.” The increasingly disaggregated media ecosystem, the diminished trust in traditional news organizations and the rise of social media had made it easier than ever to inject questionable assertions directly into the media bloodstream — and to rebut them.
But while there is arguably more fact-checking now than ever — and, thanks to the Web, more ways to independently check what candidates and campaigns say — verdicts that a campaign has crossed the line are often drowned out by dissent from its supporters, who take it upon themselves to check the checkers...(cont.)"

*A version of this article appeared in print on September 1, 2012, on page A14 of the New York edition with the headline: Fact-Checkers Howl, but Campaigns Seem Attached to Dishonest Ads.

Los Angeles California Estate Planning Blog

Because my practice is a mix of serving small businesses and families, I am separating these two facets of law into separate blogs, so that going forward posts of interest to entrepreneurs and businesses will continue to be posted here, posts concerning estate planning, wills, trusts, etc. will be posted at my new Los Angeles Estate Planning Blog. The first post on trust protectors is up now. For now, past articles on estate planning will remain here, but I may migrate or duplicate these to the new blog at some point.

When to Update Your Estate Plan

A recent Forbes article written by Deborah L. Jacobs serves as a helpful reminder as to when one may want to consider updating an existing estate plan:

These documents, along with the rest of your estate plan, should be reviewed at least every five years–more often if there is a change in the law, your finances or personal circumstances. The following important developments may require action on your part.

Estate Planning: Choosing A Guardian for Your Children

Choosing a guardian for one's children is but one consideration and purpose of estate planning. According to Forbes, Beastie Boy Adam Yauch, who died in 2012, and his wife, struggled with the issue and reached what appears to have been a compromise solution. Because Yauch and his wife used a trust in their estate planning, most of the rest of the details of their estate plan remain private.

"A guardian’s responsibilities range from the mundane to the monumental: everything from tying shoelaces and drying tears to selecting schools and medical care. Like Yauch, you should designate more than one person, so if your top choice is not available, your second preference is clear.

While you’re at it, you’ll probably want a testamentary trust (one created by your will at your death) to hold any assets you’re leaving minor children. In some states, if you have not made arrangements for both functions, the court will appoint a separate person to deal with the child’s money."

Yauch's will also prohibits the use of his image or music in advertising, but portions of these provisions he handwrote into his will may not be valid.

Misleading Trademark Solicitations (USPTO)

The United States Patent and Trademark Office (USPTO) is now warning trademark applicants and registrants about misleading solicitations sent by private companies based on the publicly available information contained in trademark office filings. Some of these solicitations offer legitimate, albeit possibly unwanted, duplicitative, and confusing commercial offerings, while others seek to profit by deception. The safest course of action for trademark applicants and owners is to refer any communications to your trademark attorney. The text of the warning, which is being provided by the USPTO to all new registrants:

WARNING: Non-USPTO Solicitations That May Resemble Official USPTO Communications

Be aware that private companies not associated with the United States Patent and Trademark Office (USPTO) often use trademark application and registration information from the USPTO’s databases to mail or e-mail trademark-related solicitations. Trademark applicants and registrants continue to submit a significant number of inquiries and complaints to the USPTO about such solicitations, which may include offers: (1) for legal services; (2) for trademark monitoring services; (3) to record trademarks with U.S. Customs and Border Protection; and (4) to “register” trademarks in the company’s own private registry.

These companies may use names that resemble the USPTO name, including, for example, the terms "United States" or “U.S.” Increasingly, some of the more unscrupulous companies attempt to make their solicitations mimic the look of official government documents rather than the look of a typical commercial or legal solicitation by emphasizing official government data like the USPTO application serial number, the registration number, the International Class(es), filing dates, and other information that is publicly available from USPTO records. Many refer to other government agencies and sections of the U.S. Code. Most require “fees” to be paid.

Some applicants and registrants have reported paying fees to these private companies, mistakenly thinking that they were paying required fees to the USPTO. So, be sure to read trademark-related communications carefully before making a decision about whether to respond. All official correspondence will be from the “United States Patent and Trademark Office” in Alexandria, VA, and if by e-mail, specifically from the domain “@uspto.gov.”

If you receive a trademark-related solicitation that you believe is deceptive, you may file an on-line consumer complaint with the Federal Trade Commission (“FTC”), at www.FTC.gov. Although the FTC does not resolve individual consumer complaints, it may institute, as the nation’s consumer protection agency, investigations and prosecutions based on widespread complaints about particular companies or business practices.

The USPTO encourages recipients of misleading communications to contact the USPTO about them by emailing TMFeedback@uspto.gov. When notifying us about a misleading communication, please also:

Include a copy of the misleading communication (including the envelope it came in) if available;
Indicate whether the recipient thought the communication was an official U.S. government communication or had to ask an attorney or the USPTO whether it was legitimate;
Indicate whether fees were mistakenly paid in response to the communication and, if so, provide a copy of the cancelled check. Please also specify what services, if any, were provided in exchange for the payment made.

This document is an example of a private company solicitation about which we have received numerous recent complaints. We contacted the company (which was doing business under the name “United States Trademark Registration Office”) and have received assurance that this company has, as of March 12, 2012, ceased sending solicitations under that name. If you have received a solicitation from this company after March 12, 2012, please let us know at the above-listed email address

Los Angeles Superior Court Filing Fees Increase

Los Angeles Superior Court (LASC) and all other California counties' filing fees are being increased, in accordance with a series of budget bills just signed into law by Governor Jerry Brown. Each court system may implement the new civil case fee schedule at different times; LASC has not made the switch yet, but is expected to shortly.

Of interest to many will be the following:

Unlimited civil case and unlimited unlawful detainer case ($25,000+ demanded) filing fee increases from $395 to $435;

Answer or first responsive pleading filed by defendant in an unlimited civil case filing fee increases from $395 to $435; and

Probate filing fee (letter of administration or letters testamentary) and probate objection/contest filing fee each increase from $395 to $435.

See also Los Angeles Superior Court: Expect Delays

Update 7/8/2012: The new fee schedule is already in effect in Orange and San Bernardino Counties and will go into effect in Riverside County 7/9/2012, Los Angeles County 7/10/2012, and Ventura County 7/16/2012.

Are Employees Working From Home Really Working?

What employees do while telecommuting or working from home apparently isn't all work, but that may not matter all that much, according to this recent article reporting on a study of employees who work from home:

What People Really Do When They're 'Working From Home' by Vanessa Wong, BusinessWeek, June 25, 2012

Arti sebuah Logo BURSA FE UNSOED

Deskripsi :

1. GERIGI Perak: melambangkan kekuatan, kerjasama, solidaritas, dan integritas kinerja dan perbaikan secara terus menerus ( kaizen ) secara kualitatif.
   
2. bentuk gerigi (bulat): melambangkan penghargaan atas  waktu, gotong royong, dan partnership yang secara integritas saling terkait satu sama lain.
   
3. Ruang kosong luar dan dalam: mengambarkan hubungan eksternal dan internal yang terjalin secara professional dan saling bersinergi mutualisme.
   
4. Segilima berwarna hijau : melambangkan bursa merupakan suatu wadah kreativitas dan studi praktis individu mahasiswa yang mempunyai satu tujuan, visi, misi, dan cita-cita yang sama dilambangkan secara vertical mengerucut keatas.
   
5. huruf B: melambangkan wadah tersebut adalah Bursa FE yang telah berdiri sejak 6 oktober 1989.
   
6. kata “we want to be entrepreneur”: merupakan satu wawasan luhur keluarga bursa FE akan suatu tujuan dan motivasi untuk menjadi entrepreneur (wirausaha) dan praktisi bisnis yang berangkat dari suatu asas kekeluargaan yang terkandung dalam kata “we”.
   
7. kata Bursa FE Unsoed: menggambarkan bahwa bursa FE adalah salah satu ukm dan bagian dari keluarga besar KMFE yang berada di lingkungan Universitas Jenderal Soedirman khususnya Fakultas Ekonomi.
   

Proker BURSA FE 2012

Profile Pengurus BURSA FE 2012

Tak Pernah terlupakan di Bursa

Incorporation and LLC Formation for Overseas and Foreign National Clients

A new page has been added to the website providing information of interest to potential foreign national incorporation clients regarding LLC and corporate formations, as well as other legal services. The content also links to this 2011 Los Angeles Times article, which features both a firm client and a preferred immigration attorney: E-2 visa helps many non-U.S. citizens start small firms

New Law Helps Combat Corporate Minutes Scams

A 2012 law is helping small businesses (corporations and LLCs) avoid getting scammed by the corporate minutes solicitations that were the subject of one of this blog's earliest, and by far its most popular and commented on, post. The law requires more notices on such mailings, the idea presumably to help these stand out from official mailings from the Secretary of State regarding Statement of Information filings. The jury is still out on effectiveness.

Secretary of State: Stronger Laws to Prevent Fraudulent Solicitations

Advice for Selling or Developing A Film Script

Some advice for screenwriters from Filmmaker magazine: 15 Steps to Take After You Finish Your Script, Scott Macaulay, May 2, 2012.

Profil BURSA FE UNSOED

BURSA FE UNSOED

“WE WANT TO BE ENTREPRENEUR”

Sejarah Singkat

Bursa FE unsoed dibentuk pada tanggal 6 Oktober 1989 yang bertempat di sekretariat bersama FE Unsoed Purwokerto. Bursa FE Unsoed merupakan UKM yang bergerak di bidang kewirausahaan, yang didasari oleh semakin meningkatnya kompetisi dunia kerja sehingga lulusan dari Perguruan Tinggi diharapkan akan mampu menciptakan lapangan kerja baru.

Pengetahuan tidak hanya diperoleh oleh civitas akademika secara formal, tetapi dapat juga diperoleh secara informal yang bertujuan mengoptimalkan potensi para mahasiswa yang nantinya dapat menampung kiprahnya ketika terjun di masyarakat.

Melalui UKM Bursa FE mahasiswa dapat menerapkan ilmu yang diperolehnya dalam bidang keorganisasian dan kewirausahaan.

Fungsi, Visi dan Misi

Fungsi :

Bursa FE Unsoed berfungsi sebagai wahana kegiatan ekstrakurikuler yang bersifat penerapan keilmuan sesuai studi ekonomi.

Visi : Menjadi organisasi yang mampu menghasilkan entrepreneur yang berkualitas.

Misi :

1.     Menyelenggarakan usaha sebagai upaya untuk mencapai kesejahteraan anggota pada khususnya dan mahasiswa pada umumnya

2.    Menyelenggarakan usaha untuk mengembangkan jiwa kewirausahaan dan kemampuan berorganisasi

3.    Menyiapkan kader-kader sebagai upaya kaderisasi

Usaha

Sampai saat ini, Bursa FE telah memiliki tiga macam usaha, yaitu Mini Market, Fotocopy, dan selular (isi ulang pulsa).

Keanggotaan

Anggota Bursa FE Unsoed adalah mahasiswa FE Unsoed yang memenuhi persyaratan keanggotaan. Syarat  utamanya adalah membayar simpanan Pokok sebesar Rp5000 dan mengikuti makrab serta Pelantikan. 

Struktur Pengurus

v  Sekretaris Eksekutif

Sekretaris Eksekutif: melakukan fungsi administrasi secara keseluruhan baik intern maupun ekstern. Sekretaris Eksekutif dibantu oleh dua staf, yaitu kesekretariatan dan kerumahtanggaan.

v  Keuangan

sebagai pencatat keuangan, mengontrol dan mengawasi keluar masuknya uang yang digunakan untuk kegiatan non usaha. Selain itu, bidang keuangan juga mengelola simpanan anggota.

v  Personalia

mengurusi kegiatan-kegiatan untuk anggota. Terdiri dari tiga bidang, yaitu  Hubungan Internal & Eksternal (Hubineks),Bursa Event Organizer (BEO),Pengembangan Sumber Daya Manusia (PSDM)

                                        

v  Operasional

Bagian ini merupakan simbol kewirausahaan dari Bursa FE. Karena berhubungan langsung dengan kegiatan usaha yang dimiliki Bursa FE Unsoed. Ada empat bagian dari bidang operasional yaitu : Mini Market, Fotocopy, Seluler, dan Expansi Usaha.

Apa keuntungan jadi anggota Bursa FE?

• Mengembangkan jiwa kewirausahaan & organisasi
• Mengaplikasikan ilmu yang didapat di kelas
• Bisa praktik bisnis
• Dapat link
• Bisa dapat uang saku tambahan
• Dapat teman dan keluarga baru, dll

REALITA DI LAPANGAN :

- lapangan pekerjaan semakin sempit

-tingkat pengangguran semakin tinggi

-orang-orang terkaya di dunia ini adalah    Entrepreneur

Los Angeles County Superior Court: Expect Delays

The Los Angeles County Superior Court ("LASC"), the largest unified trial court in the United States, has announced it will cut staff and close courtrooms. This is sure to exacerbate the situation at an already crowded local court system, and perhaps will also encourage attorneys and litigants to make heavier use of alternative dispute resolution methods such as mediation and arbitration, or in some cases pressure them into settlements versus going to trial. The Secretary of State's staff cuts which took place several years ago are still being felt in slower processing times, and presumably staff cuts at LASC will have a similar slowing effect. LASC's press release follows:

The Los Angeles Superior Court today announces plans for the most significant reduction of services in its history. By June 30, 2012, the Court will reduce its staff by nearly 350 workers, close 56 courtrooms, reduce its use of court reporters and eliminate the Informal Juvenile Traffic Courts.

According to Presiding Judge Lee Smalley Edmon, “Staffing reductions due to budget cuts over the past 10 years have forced our court to reduce staffing by 24%, while case filings continue to increase. This has created incredible pressures on our court to keep up with our work. We cannot endure these pressures for much longer.”
In the current year, additional staffing reductions are required to deal with the fact that the state’s budget crisis has resulted in a reduction to the California judicial branch of $652 million. The Court has managed its share of these cuts by spending down year-end fund balances, freezing wages, furloughing court staff, and eliminating staff positions, achieving $70 million in ongoing savings as of last fiscal year.

“This year, the state cuts are forcing us to reduce our spending by an additional $30 million – on top of the $70 million in reductions we have already made,” notes Edmon. “There will be as many as 350 dedicated, skilled court workers who will no longer be serving the residents of Los Angeles County. When we lose those people, we will no longer be able to shield the core work of the court – the courtroom – from the budget crisis.”

The $30 million reduction plan, which will take effect by June 30, 2012, has four components:

First, the Court is closing 56 courtrooms, a move made necessary by the depth and breadth of the reductions.

The courtrooms being impacted include 24 civil, 24 criminal, 3 family, 1 probate, and 4 juvenile delinquency courts. The caseloads of those courtrooms are being distributed among the remaining courtrooms. Judicial officers whose courtrooms are impacted will be reassigned to fill vacancies, to share staff or to handle settlement conferences to resolve cases without trials.

Second, on May 15, 2012, the Los Angeles Superior Court will no longer provide court reporters for civil trials. In addition, after June 18, 2012, court reporters will be available for civil law-and-motion matters on a limited basis. (No changes are being made to the provision of court reporters in criminal, family, probate, delinquency or dependency matters.)

Third, the Court is again making significant reductions to its non-courtroom staff. Having made 329 layoffs and lost another 229 court staff through attrition over the past two years, the Court anticipates making more than 100 additional non-courtroom staff reductions by June 30, 2012. “Our judges and staff have shown incredible dedication and commitment in keeping the court running during these past two years. But these new reductions will not allow it to be business as usual. There will be longer lines at clerk’s windows across the county and slower responses to the public’s needs across the court,” said Edmon.

Fourth, the Court will eliminate its Informal Juvenile Traffic Court program (IJTC). IJTC is an innovative program in which minors who commit low-level offenses are held to account for their actions by the court and by their parents – but outside of the traditional delinquency system. “These courts have allowed us to address tens of thousands of offenses in a more appropriate forum than delinquency court,” said Assistant Presiding Judge David Wesley. “We are losing a crucial element of the juvenile justice system to lack of funding.”

“It saddens me to have to make these layoffs,” notes Presiding Judge Edmon. “These actions are affecting people who have made a commitment to public service, to justice. We have had incredible cooperation of all our staff and our labor representatives through the past few years of these trying economic times. We should be in a position to reward them, not to have to inflict further pain.”

“These extraordinary actions,” says Presiding Judge Edmon, “cut into the core work of the courts. With risks of more reductions on the horizon, we are already rationing justice. The Judicial Council must find fiscal relief for the trial courts – from any and all sources. The public cannot tolerate any further major service reductions.”

Notices to litigants and to attorneys regarding these changes are proceeding. Pursuant to statute and rule of court, relevant notices to attorneys and the public regarding the moving of case types, and changes to filing locations, can be found through the court’s website: go to www.lasuperiorcourt.org, click on “News and Media”, then click on “Notices to Attorneys.” For relevant judicial orders, click on “Court Rules” and look under the “Special Notices” tab.

No cases are being dismissed because of these actions.

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time." - Abraham Lincoln

California Employers Not Liable for Employees' Work During Meal and Rest Breaks

California employers are hailing a rare labor law victory in California courts. Brinker International, Inc., which operates chain restaurants such as Chili's and Maggiano's Little Italy, successfully defended a claim by employees relating to work performed during meal and rest breaks. The court ruled that employers are obliged to provide meal and rest breaks mandated by California law, but are not required to monitor empoyees to ensure they do not perform any work during these breaks. If employees do voluntarily work during their breaks, the employer is not liable to these employees for such work. Employers continue to be liable for monetary penalties if meal and rest breaks are not provided.

Working Through Lunch? Not the Boss' Problem, Court Rules, Los Angeles Times, April 12, 2012.

New NLRB Workplace Poster Requirement

Effective April 30, 2012, all employers must add one more workplace poster to their existing workplace postings: a National Labor Relations Board (NLRB) poster regarding employees' rights to organize and bargain collectively.

California Commission-Based Employees Must Be Under Written Contract By January 1, 2013

California employers of employees whose compensation includes commissions should be aware that, per Labor Code Section 2751, they need to enter into written agreement with such employees stating how commissions will be computed and paid.

See also New 2012 California Employment Laws

Final Approval by House Sends Jobs Bill to President for Signature - NYTimes.com

This is big deal and a possible sea change for many startup companies.  Kudos to our legislators for getting together and trying to put some real changes in place to support our high growth economy.  Of course there are risks, but I'm betting they prove to be somewhat illusory and the returns are meaningful.

ARTICLE:

Final Approval by House Sends Jobs Bill to President for Signature - NYTimes.com:

'via Blog this'

WASHINGTON — The House gave overwhelming final approval on Tuesday to a package of measures intended to ease access to capital and investments for entrepreneurs, sending the bipartisan legislation to President Obama, who has said he will sign it.
The 380-to-41 House vote added a final exclamation point for the JOBS Act, which passed the House overwhelmingly early this month andeasily passed the Senate last Thursday. Because the Senate amended the House version to add some investor protections, the House had to take it back up for a vote before sending it to the White House.
“The bipartisan JOBS Act represents an increasingly rare legislative victory in Washington where both sides seized the opportunity to work together, improved the bill and passed it with strong bipartisan support,” said Representative Eric Cantor, Republican of Virginia, the House majority leader and the primary architect of the package.
The JOBS Act started as a cluster of minor bills that had bipartisan support and little opposition. Many of them originated at the White House out of the recommendations of Mr. Obama’s jobs council, a group of business and labor leaders whose final report made few waves.
But with the economy still looming large in the 2012 campaign, Republicans and Democrats — Mr. Obama among them — found it advantageous to pump up those modest measures into legislation promoted as a significant effort to hasten the recovery of the labor market.
“As the clock moves relentlessly toward November, people are going to have to show results,” said Senator Ron Wyden, Democrat of Oregon and a supporter of the measure.
The JOBS Act would designate a new category of “emerging growth” companies that could conduct initial public offerings of stock while being exempt from certain financial disclosure and governance requirements for up to five years. It would also provide a new form of financing to small companies. Through crowd-funding, or the sale of small amounts of stock to many individuals, companies could solicit equity investments through the Internet or elsewhere, raising up to $1 million annually without being required to register the shares for public trading with the Securities and Exchange Commission.
Supporters see it as a breakthrough for entrepreneurs who hope to build an enterprise around sometimes offbeat ideas without having to sell them to larger companies.
But a few detractors worry that the measure will bring back the “boiler rooms” of the 1990s Internet stock bubble, where hucksters peddle stock tips to unwitting amateur investors. Pension funds, the lobby for older Americans AARP and the chairwoman of the securities commission had opposed aspects of the bill.
Amy Borrus, a spokeswoman for the Council of Institutional Investors, an investor watchdog group, said small companies — the focus of the new bill’s relaxed regulations — are particularly prone to fraud and accounting scandals. Senators did add some investor protections, but not enough, she said.
“We may rue the day this bill passed,” Ms. Borrus said Tuesday.
Under the JOBS bill, companies with up to $1 billion in annual revenue would be free to ignore — for their first five years as a public company — regulations that were put in place after the end of the dot-com bubble and the collapse of Enron.
Among them are requirements to hire an independent outside auditor to attest to a company’s internal financial controls and restrictions on how financial analysts interact with investment bankers in promoting a company’s stock.
The bill also allows some companies to advertise for investors in almost any medium, a provision that skeptical regulators contend will mainly benefit the sale of worthless securities by brokerage firms.
Senate Democrats did add some investor protections that were ratified Tuesday by the House. Senators added a provision to ensure that any company using crowd-funding methods must still file some basic information with the securities commission, including the names of directors, officers and holders of more than 20 percent of the company’s shares, plus a description of the business and its financial condition.
Companies seeking to raise $100,000 or less must also provide tax returns and a financial statement certified by a company principal; those raising up to $500,000 must provide financial statements that are reviewed by an independent public accountant.
The Senate also inserted requirements that intermediaries seeking to help companies raise money through crowd-funding must register with the commission, make sure investors are advised of the risks they are taking, and take measures to prevent fraud.

A version of this article appeared in print on March 28, 2012, on page A12 of the New York edition with the headline: Final Approval by House Sends Jobs Bill to President for Signature.

Social Media Accounts After Death

As people's online personas become an increasingly important part of their lives, families and friends are encountering confusion and frustration in trying to manage the Facebook, Twitter and email accounts of their deceased loved ones.

State probate laws, which govern how a deceased's next of kin or estate executor can access things like property and bank accounts, generally weren't designed with today's online lives in mind. So, lawmakers in several states—including Nebraska and Oklahoma—have tried in recent years to tackle the complex question of who can manage the online presence of the deceased, and what legal authority they should have. ....

But legal experts say that the terms of service users must agree to when they sign up with social-media sites, which typically dictate what happens to an account after the user dies, could take precedent over the state laws. An Oklahoma lawmaker involved in legislation on the topic says the risk is creating laws that are "toothless."

Facebook, for example, has extensive user agreements and privacy policies that cite various state and federal laws, including the federal Electronic Communications Privacy Act, which generally forbids it from "providing access to any person who is not an account owner." ....

Deaths Pose Test for Facebook by Steve Eder, Wall Street Journal, February 11, 2012

Petition to Bring Cuestion Tequila to Your City

Cuestion Tequila, winner of 20 awards in 2011, is only available in a handful of locations in TN, FL and Alabama as of Dec. 31 2011.

Due to the post prohibition three tier system in the United States, Cuestion Spirits Company cannot independently sell without the support of either the State and/or a Distributor.

Please Sign this petition if you want to be able to try one of the best tequilas in the world in your city!

Online Petition by iPetitions.com

Grassroots Marketing | Inc.com

If you are struggling to gain market traction this is for you.

Inc. put together a great list of mini articles with some equally great insight into the creativity it takes to compete in a crowded marketplace as a startup. A must read for almost any consumer focused startup: Grassroots Marketing | Inc.com (Link).

Posted via Blog this'

California Now World's 9th Largest Economy

California is now the world's ninth largest economy. Which is quite something and remains the U.S. state with the largest economy ranked by GDP, but it was until recently, the eight largest, a rank now assumed by Brazil, and was even fifth on the list in the early 2000s:

Stephen Levy, Center for Continuing Study of the California Economy director and senior economist, said the California-Brazil swap is more about Brazil rising than California falling. Brazil’s vast population advantage (190 million to California’s 37 million) and the increasing prices of commodities that Brazil exports are just part of the country’s rise, he said....

Levy said California’s economy could soon surpass Italy’s, because of a recession in Italy and a falling euro.

"Report: California slips to world's 9th largest economy" by Jason Hanna, CNN, January 13, 2012

Governor Brown Proposes Tax Increases for Californians

California Governor Jerry Brown is proposing increased taxes as the solution to the state's budget problems:

Brown, a 73-year-old Democrat, wants to raise income taxes on individuals making at least $250,000 a year to 10.3 percent from 9.3 percent, and would boost sales [tax] levies to 7.75 percent from 7.25 percent.

Brown Seeks 7% California Spending Boost, Michael B. Marois and James Nash, Bloomberg, January 5, 2012

See also current California sales tax rates.

Small Estates Probate Limit Increased

Effective 1/1/2012, Califorina's small estate limit is increased from $100,000 to $150,000, meaning that, where the decedent has a will or died intestate (without a will), and the gross value of the estate is $150,000 or less, and does not include real property (real estate), a simplified affadavit procedure may be utilized instead of a full probate.

The limit for transferring real property withour probate increases to $50,000 - likely making little difference in most instances in Los Angeles County, but possiby of some occasional application with regard to unimproved land and timeshares.

Under the new law, a surviving spouse may also collect up to $15,000 in wages owed to his or her deceased spouse without a formal probate proceeding.

Note that assets held in a living trust avoid the time and expense of probate, and that the value of the estate is calculated without regard to any mortgages or other indebtedness. For example, a $450,000 market value house with a $400,000 mortgage counts as $450,000 of estate value, and therefore would not qualify for the small estate procedure.

2012 New California Employment Laws

Among the new employment laws in California for 2012 are:

• Employers are now generally prohibited from using consumer credit reports to screen candidates for employment. Exceptions exists for employees with access to trade secrets or $10,000+ of cash of the employer, or to confidential information or $10,000+ of cash of others, executive employees, etc.

• Genetric discrimination is now prohibited.

• Upon hire, an employer must now provide the employee with a written notice specifying certain information about the employer and the employee's job, including workers' compensation insurance carrier information.

• Penalties for wilfully misclassifying workers as independent contractors instead of employees are increased (a new civil penalty of $5,000 to $15,000 per violation is added to existing penalties).

• The minimimum salary for exempt computer professionals increases, as does the minimum hourly rate for physicians paid hourly.

• Employers covered by the pregnancy disability leave law must maintain and pay for group health insurance during the leave, up to 4 months in a 12-month period.

• Moving in the opposite direction from much of the nation, California now prohibits state and local governments in most instances from requiring employers to use the federal E-Verify system to ensure candidates are legally permitted to work in the United States. (Effective today, Georgia, Lousiana, Tennessee, and South Carolina joined a minority of other states already mandating the use of E-Verify. While other states were cracking down on illegal immigrants, California has now enacted the Dream Act, allowing in-state tuition to some illegal immigrants.) California employers may voluntarily choose to use E-verify, however, and must do so if it's a condition of federal law or the receipt of federal funds. The new law appeared to be aimed at a number of conservative-leaning Califoria cities who had already, or who were considering passing, local mandatory E-Verify laws.

• San Francisco becomes the first city in the nation mandating a minimum wage greater than $10 per hour. While the wage rate is new, the law was actually passed years ago, but requires adjustements each year to keep pace with inflation. The minimum wage for most California cities without a higher local rate remains at $8.00 per hour for 2012.

• As is common, some required work place posters have been updated.

See other new California laws for 2012.

California Flexible Purpose and Benefit Corporations

Enacted in October 2011 and effective today, January 1, 2012, Corporations Code Section 2500 et seq. and Section 14600 et seq. create two new types of business entities, the flexible purpose corporation and the benefit corporation. Both allow the organization of corporations which are, while not non-profit, encompass both economic profit, as well as social welfare, objectives. In short, these are hybrids between traditional for-profit corporations, and traditional nonprofits. Or, if you prefer, socially conscious stock corporations.

Flexible purpose corporations may pursue social welfare objectives without liability to directors for not maximixing profit; one or more "special purposes" must be specified in the Articles of Incorporation. Benefit corporations must pursue social welfare objectives and have more transparency requirements that traditional stock corporations.

Benefit corporations permit corporate directors to take into consideration and to pursue general or more specific social welfare goals, in addition to the tradtional profit motive, and will not be liable on account of pursuing these objectives for not maximizing shareholder return.

These are new and untested entities in California, and therefore are obviously not right for all incorporations, but benefit corporations are already in existence in other states, and more states still have bills proposed and pending. Neither form will offer tax exemption.

See also Berkley Law: New Corporate Forms
Q&A on Flexible purpose corporations

Update: California businesses seeks new 'benefit corporation' status, Marc Lifsher, Los Angeles Times, January 3, 2012

New California Laws for 2012

Ringing in a new year means news laws, and this year, new California laws include:

• Perhaps most controversial, the Dream Act allows in-state tuition rates for qualifying illegal immigrants.
• Public schools must include lessons about historical achievements of gays/lesbians and the disabled
• Cough syrup and other products containing dextromethorphan, e.g., Robitissin DM and Nyquil, will now require a prescription for purchase by minors.
• Sale and distribution of shark fins is prohibited. This law targeted a Chinese delicacy, shark fin soup.
• Beer with caffeine is also outlawed.
• Parents must keep children in a car seat until the earlier of the age of eight, or the child reaches the height of four feet, nine inches.
• Crossing double white lines on the highway is now illegal.
• Open carry of unloaded firearms is now prohibited.
• Tanning bed use by those under the age of 18 is now prohibited.
• Internet retailers must collect California sales tax on transactions if the retailer has a presence in the state.
• Contractors are now allowed to do business with LLCs instead of only corporations

See also -

New California Employment Laws for 2012;
New Probate Laws for 2012;
Jery Brown Signs California Dream Act, Patrick McGreevy and Anthony York, Los Angeles Times, October 9, 2011;
Dream Act is a nightmare for California tax payers, Jose Gizzardi, Lodi News Sentinel, December 31, 2011;
CHP List of New Traffic Laws