Posts Tagged ‘Increases’

No Matter the Vehicle, Sending Text Messages While Driving Increases Risk of Accidents, Warns New York Auto Accident Lawyer

New York, NY (PRWEB) June 17, 2009

Stirring the pot in recent headlines lately was the story of the Boston trolley accident that injured 49 people after the driver ran a red light while texting on his cell phone. The very next day the transit authority banned its drivers from even carrying a cell phone or any other electronic device.

New York auto accident lawyers have long known that sending text messages while driving is one of the surest ways to increase the risk of a vehicular accident. Now, as auto accidents increase, businesses are also taking notice and increasingly prohibiting workers from using cell phones to conduct business while driving. Potential risks to corporations include employer liability for accidents involving employees using cell phones, especially in cases where employers encourage or demand cell phone use for work while driving. Under the doctrine of vicarious responsibility, employers may be held legally accountable for the negligent acts of employees committed in the course of their employment.

New York auto accident lawyer Perecman agrees with the ban. “Whatever sensible policies can help keep the roads safe while potentially lowering the cost of insurance for the employers are policies every company with employees who use cars or trucks at work ought to implement.”

For this New York car accident lawyer, using cell phones while driving, also calls into question the understanding of drivers and whether they know that their actions are jeopardizing the safety of vehicle occupants and pedestrians. Surveys indicate that nearly every driver — an impressive 98 percent – considers him or herself a safe driver, but auto accident lawyers know that this is clearly not true in practice.

Increased reliance on cell phones has led to a rise in the number of people who use a cell phone while operating a vehicle. There are two dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialing. Second, conversations demand continuous concentration that impairs the ability to concentrate on the act of driving. In fact, inattentive driving accounted for 6.4 percent of crash fatalities in 2003, according to the U.S. Department of Transportation in a report featuring the latest data available.

“Clearly, using a cell phone while driving is a risk to employees and those they share the road with. Employers who ignore this fact will increase the liability risk they face as a result,” says top New York auto accident lawyer Perecman.

About David Perecman and The Perecman Firm, PLLC:

For the past 25 years, the New York auto accident lawyers, personal injury, construction accident and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for auto accidents. David Perecman, founder of the Firm, is the past Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman’s achievements have brought him recognition as an Honoree in the National Law Journal’s Hall of Fame, in New York Magazine’s “The Best Lawyers in America” and The New York Times Magazine “New York Super Lawyers, Metro Edition”.

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a million verdict* for a construction accident, a .35 million dollar verdict** for an automobile accident, and a million dollar structured settlement for medical malpractice.

*later settled while on appeal for .940 million

** later settled for .5 million

“Lawyer Advertising”

“Prior results do not guarantee a similar outcome.”


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Be the first to comment - What do you think?  Posted by - January 24, 2011 at 9:12 am

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LegalView Reports on Helmets as Traumatic Brain Injury Increases among Soldiers in Iraq

Denver, CO (PRWEB) December 11, 2008

Denver, CO — LegalView, the number one resource for everything and anything legal, recently reported the negative results of a study that found helmets might worsen a traumatic brain injury (TBI) among soldiers in Iraq and even act as a “focusing mechanism” for shockwaves during a blast caused by an improvised explosive device (IED). The results of the study were reported during the 61st Meeting of the American Physical Society’s Division of Fluid Dynamics at the San Antonio Naval Research Laboratory (NRL). The study reported that shockwaves emanating from an IED explosion may “penetrate the gap between the helmet and head” causing an increased number of shockwaves under the helmet and outside of the helmet worsening the traumatic brain injury that can occur, according to the TBI information blog.

Those who have suffered from TBI should consider consulting an experienced brain injury law firm that can provide contact to an array of knowledgeable brain injury lawyers and brain injury attorneys who can provide a free legal consultation as to the development of a TBI lawsuit.

Individuals who are also in need of additional information on other legal topics can find assistance through the LegalView library of information portals, with topics including the latest on Nephrogenic Systemic Fibrosis, Avandia and Byetta.

Nephrogenic Systemic Fibrosis (NSF) is a rare and extremely crippling condition that is commonly attributed to the administration of gadolinium dyes during magnetic resonance imaging and magnetic resonance angiography (MRI/MRA) procedures among kidney disease patients. The condition can cause patients skin to thicken and swell eventually disabling the joints from moving. Those who suffer from the NSF side effects can consult with a personal injury attorney and likely receive a free legal consultation as to the development of a potential NSF lawsuit that may offer a return of monetary compensation to assist in paying for NSF treatments.

Avandia and Byetta are both type 2 diabetes prescription medications, however, each has been making news headlines for very different reasons. Avandia, from GlaxoSmithKline, was introduced to the market in 1999. In 2007, a New England Journal of Medicine article reported that consumption of Avandia allegedly increases the risk of heart disease among patients. Additionally, a Swiss study announced that Avandia also may allegedly increase the risk of bone breaks and fractures during consumption of Avandia. Those consuming Avandia may want to speak with their physician regarding the alleged Avandia side effects.

Also in 2007, approximately 30 patients reported to the FDA that they suffered from pancreatic inflammation while consuming Byetta, the type 2 diabetes medication. In 2008, again, six patients were hospitalized with acute pancreatitis all of whom were consuming Byetta. The FDA is investigating the claims of an alleged link between Byetta and the development of pancreas disorders, but patients are advised to speak with their doctor as well as to an experienced Byetta attorney.

About LegalView: is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation’s most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of’s superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at


Be the first to comment - What do you think?  Posted by - January 12, 2011 at 12:13 pm

Categories: Brain Injury Lawyer   Tags: , , , , , , , , ,

Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

by greg westfall.

Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

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Home Page > Writing > Non-Fiction > Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

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Posted: May 08, 2007 |Comments: 0




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Top Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

By: James Montgomery

About the Author

Mr. Montgomery has been involved in multi-million dollar litigation. His practice now focuses on the structuring of business entities and transactions to reduce potential liability and potential taxation, while maximizing the potential for profit.

(ArticlesBase SC #144559)

Article Source: Trial Lawyer Reveals Critical Mistake Made In Your Business Structure INCREASES Exposure

San Antonio, Texas — In a recent interview, top San Antonio Trial Attorney James Montgomery, was asked about his criticisms that appeared in an article in the American Journal of Business Planning, Critical Error Commonly Made in the Structure of Business Organizations That Increases Lawsuit Liability. Mr. Montgomery , an attorney with thirty years of experience both as a trial attorney and as a business planner, explained that most businesses are organized in a way that increases their lawsuit exposure despite using corporations and partnerships to give limited liability.

Q: How did you get into the field of business planning and what is that? Business planning is a cross between legal and non-legal disciplines in working with businesses to reduce liability, insure for liability exposure, minimize tax liability, and yet posture a company to maximize profit potential and growth. After literally taking apart transactions at the courthouse by analyzing the weak points or strategies, I was approached more and more often to participate in the initial or later structuring of the business.

Q: What are some of the weak points that you would look for? There are a number of areas but quickly, I look at what form was used for the business, what is the relationship between the owners, what is the potential exit strategy, and where are the assets and liabilities located in the overall business structure, among other things.

Q: What do you mean by the form of the business? Business can be sole proprietorships, corporations or limited liability companies, or partnerships that can be general or limited. This is a very complicated area and I have a white paper that compares the various forms.

For what we are talking about though you can think of the sole proprietorship as being an individual doing business with the maximum liability which is almost exactly the same maximum liability as a general partnership. You are as exposed as you can get if you are using those. I would not recommend sticking your neck out like that.

The classic way lawyers limit liability for their clients is to pick a form of structure that the law makes limited exposure. The stockholders of a corporation are not personally liable for corporation debts and acts normally. The members of a limited liability corporation have similar limited liability. The limited partners are not liable normally for limited partnership debts and liabilities but the general partner is fully liable. Thus, the general partner is usually a shell corporation or what I call “an empty basket”. If sued, there are no eggs in the basket for the foxy trial lawyer to get.

Q: Well, if these companies and all have limited liability, how is it that they can actually increase exposure? The classic mistake made in planning by many businessmen, and many lawyers, is not planning for the financial structure of the business. Where are the assets and liabilities in the overall structure of the business?

Let me give you an example that should just scare the devil out of some owners. It is a real example but the names and facts have been changed just a bit to protect confidences.

One morning, an hourly truck driver hooks up his tractor trailer rig and drives out of the truck yard. In the course of driving on the highway, he or she will pass you and me in our cars on the way to work. The truck will also pass school buses, vans, and regular buses in the course of the day. While truck drivers are trained professionals, they are also hourly employees and like all of us, they can have momentary distractions. They are also operating machinery that just flat cannot stop on a dime so even if they are doing everything perfect, someone else’s actions can put the truck in a precarious position.

On this particular morning, while going 60 miles an hour which was actually below the speed limit, a car swerves in and out of traffic from behind the truck. When the swerver reaches the truck, he cuts in front of the truck which slams on its breaks. The swerver keeps on merrily down the road but the truck is caught in its own circumstances. The driver fights the vehicle but loses control. The van swerves into a bus which leaves the roadway. In the crash that follows, four other cars are involved including a small compact which is carrying the owner of a business to work. To keep the story short, there are two deaths, including the business owner, and two people who are critically injured.

Fast forward two years later. The trucking company has been sued along with the driver. The driver of course has no assets of his own. The trucking company, which technically not “at fault” is not likely to fare well if the case is tried at the courthouse. The trial lawyer representing the business owner is demanding over a million dollars alone just for the death of the business owner and there are other people who have large claims. The trucking company is owned by a responsible family that had purchased not only the minimum insurance required by law but also increased limits. Nevertheless, the severity of this accident is resulting in damages that will exceed the limits of their insurance policy.

Let’s talk about what that means for a second. If the total damages are ,000,000 as claimed and the insurance policy allows ,000,000 in total coverage for the accident, then there is potentially ,000,000 for which the trucking company owners do not have insurance.

Well, the owners themselves do not have to worry because they have limited liability. They normally cannot be held personally liable for more money. Their investment in the company is totally at risk but not their other assets.

The company itself though is fully liable for the whole ,000,000 that is uninsured. To make matters worse, the insurance company provides the defense to the lawsuit. In this situation, the insurance company does its duty but decides that it is best to pay or tender the policy limits of ,000,000 into the registry of the court. The issue then is not whether it is owed but which plaintiff gets how much.

But that action can be devastating for the trucking company because when the money is tendered, the duty to defend is over. The trucking company then has to hire its own lawyer to defend against the amount that is uninsured. Furthermore, the trucking company may end up having to write a check for the damages over the ,000,000 already “paid” by the insurance company. Not a good situation for the trucking company or its stockholder owners.

So the trucking company owner turns to his corporate lawyer and says, I thought we had limited liability?. The lawyer replies you do but the company is fully liable for the acts of the truck and the driver. Pressing further, the owner says but we can’t write a check for that, we’ll be out of business. The lawyer just shrugs.

Q: Is this where you tell us where they went wrong? Sure, the company has a full basket. Its eggs are all in one basket. The company is not a shell. It owns real estate. It has cash in the bank. It owns other businesses. The operating company had all the eggs. Your operating company should never own anything. Bad planning.

Q: How about for profit and taxation? A structure like that is probably also structured to maximize its tax liability. It is the hardest structure to be able to lower tax brackets because there is only one level. Further, getting profits out of the company to the shareholders can be difficult. Perhaps just as critical, a lender would not offer the largest available loans or the best rates because of exactly what we described above, maximum liability.

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(ArticlesBase SC #144559)

James Montgomery
About the Author:

Mr. Montgomery has been involved in multi-million dollar litigation. His practice now focuses on the structuring of business entities and transactions to reduce potential liability and potential taxation, while maximizing the potential for profit.


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Mr. Montgomery has been involved in multi-million dollar litigation. His practice now focuses on the structuring of business entities and transactions to reduce potential liability and potential taxation, while maximizing the potential for profit.

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Be the first to comment - What do you think?  Posted by - November 15, 2010 at 10:12 am

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Shustak & Partners Increases Staff

San Diego CA (PRWEB) September 27, 2006

Shustak & Partners (, a specialty law firm, has widened their already dynamic team of securities and business lawyers with the addition of three very successful lawyers: John Cleary, Michelle L. Jacko and Geoffrey Parnass. Each of these fine lawyers brings their own very special talent and skill to their already established reputation of providing quality results. The new additions bring together more than 30 years of combined experience in securities and corporate law.

John Cleary has 12 years of experience handling issues that focus on the financial service industry. He specializes in securities, franchise and real estate law. His success in these areas has been displayed in his freelance writing, which has been published in various newspapers, journals and coursebooks. Mr. Cleary will be continuing these efforts in their San Diego office.

Ms. Michelle Jacko will also be located in the San Diego office. She specializes in broker-dealer and investment advisory counsel on compliance and securities law. She shares her experience and knowledge through corporate training and as a national conference speaker. Her training seminars provide essential information on broker-dealer and investment advisory topics. Through her efforts clients receive the best corporate law advice available. Ms. Jacko recently was named one of the Top Twenty Rising Stars for 2006 in Securities Compliance by Institutional Investor.

Mr. Geoffrey Parnass heads the corporate law and transactions department in the New York office. His extensive background in complex corporate transactions, which include venture capitol and private equity matters, will only add to Shustak & Partners’ already established reputation of being a competent business resource. Mr. Parnass is also a published author; his works include: The Pocket General Counsel and the General Counsel newsletter, which address the legal issues that businesses are faced with.

About Shustak & Partners

Shustak & Partners is a specialty law firm with a national practice focused in the areas of securities and business law. They offer the highest quality investment fraud lawyers and securities fraud lawyers, as well as distinguished corporate finance lawyers and business lawyers. The firm operates from offices in New York and California, and is comprised of experienced, sophisticated attorneys who have earned a solid reputation as strategic problem solvers, ardent negotiators and successful deal makers. For more information please visit


Be the first to comment - What do you think?  Posted by - November 7, 2010 at 4:15 pm

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LegalView Reports Traumatic Brain Injury Study Concluding Spirituality Increases Following Brain Damage

Denver, CO (PRWEB) January 11, 2009

LegalView, the most comprehensive legal resource available on the Internet, recently informed traumatic brain injury information blog readers of a study that found individuals who suffer from brain damage are more likely to have increased feelings of spirituality due to damage or injury of the right parietal lobe, which is the cerebral area within the brain that determines an individuals place in time and space, both emotionally and physically.

The research took place at the University of Missouri-Columbia and followed 26 individuals who were considered to have modest TBI, but were able to function within society as “walking wounded,” according to the blog. The study found that those who suffered from right parietal lobe damage experienced more feelings of being lost or spaced out, which was the equivalent of measuring higher on the standard measure of spirituality test, according to blog reports on the research. This is also known as contralateral neglect, according to research from Rutgers University, also known as The State University of New Jersey. Contralateral Neglect Syndrome can cause brain injury victims to obtain “information from the contralateral side, but patients may not have a conscious awareness” of this side thus leading to feelings of dislocation from the world.

Individuals who have suffered from a traumatic brain injury are encouraged to locate an experienced neurologists who can adequately assess and diagnosis a brain injury condition. It may also be necessary to contact a personal injury law firm that can connect a brain injury victim with a specialized brain injury lawyer. By connecting with a brain injury attorney, a victim will likely receive a free legal consultation as to the development of litigation involving their case. A brain injury lawsuit may result in monetary compensation for a victim and can assist in paying for costly procedures and treatment options.

To learn more about TBI, visit , additionally, LegalView has made available a library of legal resources to facilitate research and help victims obtain information regarding pending legal dilemmas. For example, LegalView offers the latest information on crib recalls as well as rare and debilitating conditions such as mesothelioma and Nephrogenic Systemic Fibrosis (NSF).

Recently, a Chicago Tribune investigation revealed a long history of alleged dangers surrounding the production of Delta Enterprise cribs, which prompted a recall in the fall. The company apparently finally recalled the faulty cribs following the deaths of several babies alleged caused by asphyxiation from the cribs. Individuals who have suffered from the Delta crib failure are encouraged to contact the company as well as an knowledgeable wrongful death attorney.

Both mesothelioma cancer and NSF are rare, yet devastating conditions in which a victim can suffer immensely. Mesothelioma is a cancer caused by the inhalation of asbestos fibers and dust, which develops cancerous cells on the lining of the lungs and organs. The condition remains dormant for several years until symptoms are revealed and treatment is not usually a successful option.

Similarly is a condition known as NSF, which has no known cause or successful treatment, although medical experts have linked NSF to the administration of gadolinium dyes during magnetic resonance image/magnetic resonance angiogram (MRI/MRA) tests among kidney disease patients. The condition can cause the skin to harden and joints to swell, eventually leading to the inability of a victim to move or bend joints without assistance. Individuals who have suffered from either condition should find help through contacting a mesothelioma law firm or NSF attorney, which can better equip a victim of these terrifying conditions with support and aid.

About LegalView: is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation’s most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of’s superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at

# # #

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Be the first to comment - What do you think?  Posted by - October 22, 2010 at 11:20 pm

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