Construction Work Potentially Deadly

One of the most dangerous industries that reports high personal injury statistics is the construction industry.

Many construction sites have their fair share of minor accidents, as that seems to be the nature of the job. Unfortunately for the workers on site, deadlier accidents also take place like the collapse of scaffolding, electrocution, burns, amputations and crush injuries. The fact of the matter is that the construction industry ranks as number one when it comes to the number of on the job injuries sustained each year.

Across the United States there are approximately 250,000 construction sites at any one given time, with close to 6 million construction workers plying their trade. For every 100,000 construction workers on the job, at least 23 will die in a work-related accident. On many, if not all of the sites, there is scaffolding that poses a real hazard to people’s safety and lives in more than one way.

Not only can the scaffolding collapse, tip or disintegrate, there is the very real danger of falling material and tools striking people on the ground. Workers who are dealing with laying electrical wire and other potentially dangerous utilities, such as running gas lines, also face significant personal injury risks on the job site.

The US Department of Labor is predicting that over 1,000 workers will die this year as a result of sustaining a construction site injury. Those who do not die from their wounds may be permanently disabled and unable to work again. Interestingly enough, the second leading industry in terms of high numbers of personal injuries and deaths was the trucking business, reporting over 500 deaths. Some of those deaths involved crane accidents, something that has been in the news quite frequently as of late.

Turning to the Occupational Safety and Health Administration for further statistics in this area, they show there were ten top factors in construction worker injuries and death. These factors included the number one spot going to scaffolding, hazard communication, fall protection, respiratory protection, lockout/tagout (LOTO), powered industrial trucks, electrical wiring, machine guarding, general electrical maintenance and ladders. Lockout/tagout refers to a safety procedure of shutting down dangerous machinery and not starting it again until maintenance and servicing has been completed.

Workers that have survived a workplace injury or those that are grieving a wrongful death need to consult with a highly skilled personal injury attorney in order to ensure justice is done. The attorney will be able to guide claimants through the difficult process of securing damages for severe injuries or to obtain just damages for a negligent wrongful death.

To learn more, visit Lawbarron.com.

Entertainment Law

Entertainment law is a highly volatile area that is constantly changing. If you’re in this industry, be smart and have entertainment savvy legal representation.

Entertainment law is an area that is a mystery to many folks and they don’t understand what this kind of attorney actually does. Given the nature of the specialized knowledge these attorneys deal with, it goes without saying that their expertise will protect your rights. Entertainment attorneys handle all the legal aspects of film and TV productions, set up music and film production companies, deal with talent agreements (including modeling, singers, actors and musicians) and ride herd on the details for film financing and production issues.

Along with all those issues, entertainment attorneys also draft producer agreements for both film and music, put together music licensing agreements and writer option agreements plus tend to copywrite law and all appropriate registrations. Mixed in with all these tasks, the attorney will also take care of trademark applications, distribution matters, draft solid non-disclosure agreements and confidentiality agreements and take care of prepping releases.

Hiring a lawyer like this is a guarantee that your legal rights will be protected in an industry known for its particularly fierce competition. Unfortunately there are also stories of abuse of power and control when it comes to the various agreements needed to make it in the entertainment business. Having an expert entertainment lawyer on board will also ensure your co-production agreements are handled correctly, that artist/management agreements protect the artist and management equally, that artist recording agreements reflect the needs of the artist and that director agreements accurately spell out what the director is required to do and receive in return for his or her services.

Generally speaking a great deal of the work an entertainment lawyer does is transactional in nature – meaning they draft a lot of contracts. However this isn’t to say that they don’t handle cases that need litigation or arbitration. Entertainment law is an eclectic mix of subcategories and is also referred to as media law. It has a great deal in common with the field of intellectual property law.

If you were to ask an entertainment lawyer what they do, their answer would likely be that they deal with such diverse areas of law as immigration, securities law, agency, bankruptcy law, labor law, international law, insurance law and employment law. Even these particular categories have further areas within them that have their own unique trade unions, rules, case law, production techniques and negotiation strategies.
For example if you hire an entertainment lawyer to deal with agreements, contracts and options, etc. in film, they would also need to be well aware of chain of title, finance; and what screen writers, film directors, composers, designers and actors do. This would also include post production, trade union issues and distribution issues, and motion picture industry negotiations distribution. As you can see, having a highly skilled entertainment lawyer on board will make all the difference in the world to how smoothly your operation runs.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Musically Inclined? Get a Lawyer.

While the music industry may be exciting and fulfilling, for fledgling entrepreneurs there are pitfalls you need a lawyer to handle.

Making music may be fun, getting recognized isn’t always easy, but when that happens, it’s definitely time to bring a lawyer onboard to make sure you are protected as your career takes shape. It doesn’t matter if you’re a band or solo, the fact is if you are the new kid on the block, you are fresh fodder to be taken advantage of in the entertainment business.

If you’re thinking right about now that it couldn’t possibly be “that” complicated to have a contract written, signed and be on your way, then it’s time to do your homework about what really happens in this business. It’s not unusual to see music contracts that are 30 pages or more, and most of them are so complicated only an entertainment lawyer is able to make heads or tails of them. Unfortunately, most of them are also couched in terms that are so circuitous that many artists take one look at the legal document and beg to see the places where they have to sign.

Obviously signing something without reading it isn’t a good idea, especially in the music industry, as there are a lot of contracts that musicians have to sign. One mistake by signing a contract you didn’t really pay much attention to could mean being stuck with a lousy record company, a bad distribution deal, or a shady manager, agent or promoter. If that happens, your career could be over before it even got started. Like the old saying, “Buyer beware,” make sure you know precisely what is in any contract you sign.

It’s not just dealing with contracts for agents and recording companies it’s also managing issues like copyrighting your music, ensuring you have a trademark for your band name, and having a logo designed. This can be done for an individual as well, and it’s called branding, or brand name recognition. Think Shania Twain or Mariah Carey.

This still isn’t the limit to the issues you will face when it comes to what is contained in the various agreements you need to sign; they may also include licensing contracts, festival and concert contracts, promotion deals and publishing contracts. Each contract you sign has even more convoluted clauses and provisions within it as well. Being a musician isn’t for sissies or total novices when it comes to legal issues. Always consult with experienced legal counsel when it comes to getting a contract that protects your rights.
Your entertainment lawyer will have highly specialized knowledge of things like advertising law, employment law, immigration, negotiation, ring tones, mechanical licenses, peer-to-peer file swapping, synchronization rights, digital rights and a superb knowledge of how music is created from start to finish – the mixing to the mastering. They will also have a good working understanding of the roles of a producer, promoter and manager.

The best advice to give someone just starting out in the music industry is to seek legal representation for everything because it is essential. No one wants to get saddled with a lousy one-sided contract.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Promise Me Not

Breach of contract lawsuits must have a foundation in a legally enforceable promise.

A breach of contract lawsuit isn’t quite as straightforward as many people might think. It isn’t just a matter of someone making a promise and then not following through. There is more to it than that, as not all promises are enforceable in a court of law. The real question becomes just what is a legally enforceable promise as compared to those little promises people make, and then don’t actually follow up on them.
To know what is enforceable is to know what is not enforceable, and that would include things like promises or jokes that a reasonable person wouldn’t take seriously; any undertaking made by someone under the age of 18; assurances made by someone with mental problems; oaths to commit illegal acts and pledges not in writing when they are required to be in writing. There are many other vows that are not legally enforceable as well, but these are best discussed with a skilled Sacramento business lawyer when discussing the possibilities of a breach of contract lawsuit.

There is a fairly strong emphasis on the use of the term “reasonable” in the justice system. This is due to the fact that many cases are decided on the basis of what a “reasonable person under similar circumstances” should have known or done. In other words, that “reasonable person” makes their presence known in the courtroom and to juries trying to arrive at a decision as to whether or not a legally enforceable promise has indeed been shattered. If a contract has been violated, the person who caused the damage (broke the promise) must make it up to the person who lost the benefit of the original promise in the first place.
Suffice it to say that a legally enforceable promise then becomes one made by an adult of sound mind to do or not do something on which another person relies. It’s often not quite that simple, which is why consulting an expert Sacramento business lawyer is a necessity in breach of contract cases. Deciding if a lawsuit is worth it, depending on the facts of the case, may be the first hurdle to surmount, as lawsuits are expensive. There is the option to sue in small claims court, but the limit in California is $7,500.
The best thing to do if faced with a possible breach of contract situation is to discuss all the details of the possible case with a Sacramento business lawyer. Choose battles like this wisely, as much may be riding on the outcome.

To learn more, visit Lawbarron.com.

Tough as the Dickens California DUI Laws

The most frequent violent crime committed in California is driving while under the influence of alcohol. The statistics are appalling.

California has an unenviable record of having the highest number of wrongful deaths caused by drunk drivers. In fact, the statistics show that on average, every year, over 42,000 people are killed in alcohol related crashes nationwide. In California, the yearly number of those killed in crashes is 4,229 with 36% of those being alcohol related deaths or 1,509; a staggering number of needless deaths.

It would then make sense that the laws in the Golden State are as tough as the dickens and that California leads the nation in DUI arrests. Law enforcement is deadly serious about stopping drunk drivers from killing others. Thanks to the state having two statutory offenses for DUI it is easier to make more arrests.

The first offense is called DWI, DUI or OWI meaning driving while intoxicated or impaired, driving under the influence, or operating a vehicle while impaired. No matter what it is called, charges laid for these offenses are based on police observations that include slurring while talking, driving erratically and possibly a roadside sobriety test. Other things will likely happen at the same time and they may include immediate suspension, a field sobriety test and checking ignition interlocking devices installed in the vehicle (if any).
The second offense is referred to as being “illegal per se.” This simply means that a person is driving with a blood alcohol content of 0.08% or higher. This has actually been an offense since 2002 in all 50 states.
The thing to remember about going to court in California is that offenders may find themselves facing a wide variety of penalties depending on the charges, e.g. causing death, personal or property damage and injury. Generally speaking, a first time offender may face jail time and/or probation from three to five years, pay a fine and lose their license for six months. This tends to vary with the specifics of the case and each case is different given the circumstances so “one shoe does not fit all” when it comes to punishment on conviction.

Second offenses within seven years of the first offense may face more jail time, fines of up to $10,000 and suspension of driving privileges for not less than three years. Again, the facts of the case will make the difference in how it is handled when or if it does get to court. Interestingly enough, there are two schools of thought on automatically finding drivers guilty. Some attorneys feel a driver then loses their right to have a trial by jury. On the other hand, there are lawyers who argue that legal per se is a preventative measure to stop a drunk driving death every 30 minutes. Suffice it to say that the “jury” is still out on this issue and in the meantime, the DUI justice system carries on.

If the convicted offender chooses to continue to drink and drive, each subsequent offense nets longer jail terms and higher fines. If that person hits their fourth charge, this is considered to be a felony DUI. Felony DUIs definitely require the expertise of a skilled attorney.

To learn more, visit Lawbarron.com.

The Necessity of a Business Litigation Lawyer

Not many people understand the role that a business litigation lawyer plays. Simply put, they handle the lawsuit when there is a judicial contest against a business.

It goes without saying that any business, regardless of size, needs to have a comprehensive general business policy in place. Why? Without having a general business policy in place, the problems would be monumental. Along with the stated company policies there must also be a well written company employee manual and company procedures. In the event of a lawsuit, these documents are paramount.

This is where the services of a Sacramento business lawyer/ litigator come into play. A business litigator is a Sacramento business lawyer who handles actual court cases. This is not to be confused with transactional lawyers who deal with contracts and corporate matters only. In other words, the business litigator has the skill set and experience to handle the demands of business lawsuits in a court setting.

While it’s not always a good idea to go to court, it solely depends on how high the stakes happen to be in the case. Litigation does have some definite advantages and one of those is the potential financial gain. In fact, one of the leading disputes in business lawsuits usually deals with money. In cases like this, it is possible to get punitive and compensatory damages as settlement.

Oftentimes the plaintiff will be applying for injunctive relief to stop a competitor or ex-employee from blabbing a trade secret around town. If it doesn’t make sense to litigate from a strategic point of view, then there are usually other alternatives to be considered and your business lawyer will spell them out for you (alternative dispute resolution). This kind of decision, to sue or not, is often based on whether or not you have the upper hand in the lawsuit. If not, it might not make sense to proceed. After all, you have to think about the future of your business as well.

Taking a business lawsuit to court is by no means an easy task. It involves hundreds of hours of prep time. If you happen to be facing a lawsuit, you will thank your lucky stars that you had the sense to have a set of company policies put in place as a preventive measure for this very type of situation. Never underestimate the value of having a corporate compliance program.

Whether or not you ultimately choose to file a lawsuit or opt for alternative dispute resolution, speak to a highly skilled Sacramento business lawyer to define the lay of the landscape prior to making any decisions.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.

Today’s Definition of Intellectual Property Rights

When you think about intellectual property, “think” is the most descriptive term that suits what it means.
That’s right, when you think something and it is created, it is referred to as intellectual property – a creation of the mind. This would apply to inventions, images, symbols, designs, artistic works, literary works and even names used commercially; say for instance Nike Air Jordan shoes. What kid doesn’t want a pair of those?

To put this another way, think about protecting those conceptions of the mind and you are on the right track if you realize that those mind creations are actually property. Thus intellectual property rights are granted for handiworks of the mind. Those creations “belong” to someone and should not be infringed upon. Aside from the fact that the ideas and works should not be stolen, there is an underlying principle that recognizes people who create ought to be rewarded for their innovations, often financially, so they keep on creating.

Without confusing the issue too much, there are two types of intellectual property: copyright and industrial property. Industrial property lays claim to patents, industrial designs and trademarks. Trademarks are used to differentiate one product from another and that usually means using things like sounds, smells, signs, shapes, symbols, colors and brands.

Patents give the inventor a window of opportunity to stop others from creating, using or selling their inventions or creations without being authorized. On the other side of the coin, copyright applies to artwork like sketches, photos, sculptures and paintings, and literary works such as films, plays, books and poems. There are other areas covered as well, but for a full discussion of this area of law, it’s best to speak with a Sacramento business lawyer who has expertise in this area, as it’s a complex domain and sometimes understanding what is protected and why is a bit difficult to grasp.

Copyrights give authors the exclusive right to their works, but for a defined period of time. Again, discuss this with a Sacramento business lawyer who will also explain that copyrights must be renewed if the original creator wants the chance to promote their creation and derive financial benefit from it.
If you feel that your intellectual property rights have been violated, discuss your potential case with a Sacramento business lawyer to determine if you indeed have a case. Intellectual property rights cases tend to be complex and lengthy, but that is not to say they are cases that can’t be won.

Deborah Barron is a Sacramento business lawyer, Sacramento employment lawyer, and Sacramento winery lawyer in California. To learn more, visit Lawbarron.com.