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Posts Tagged ‘Notice’

Why do press releases and other corporate documents have a safe harbour notice?

Question by tynamitom: Why do press releases and other corporate documents have a safe harbour notice?
I was reading Research In Motion’s press release of the Blackberry Playbook, and I saw a safe harbour message at the bottom of it.
http://press.rim.com/release.jsp?id=4577 <-- read for yourself Here's a quote of it === Forward-looking statements in this news release are made pursuant to the "safe harbor" provisions of the U.S. Private Securities Litigation Reform Act of 1995 and applicable Canadian securities laws. When used herein, words such as "expect", "anticipate", "estimate", "may", "will", "should", "intend," "believe", and similar expressions, are intended to identify forward-looking statements. Forward-looking statements are based on estimates and assumptions made by RIM in light of its experience and its perception of historical trends, current conditions and expected future developments, as well as other factors that RIM believes are appropriate in the circumstances. Many factors could cause RIM's actual results, ..................................... These factors should be considered carefully, and readers should not place undue reliance on RIM's forward-looking statements. RIM has no intention and undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law. .................. === And I thought, ARE YOU SERIOUS? People nowadays have to mention that a positive press release doesn't guarantee that the product mentioned will be successful (to shareholders). I searched SAFE HARBOUR on Wikipedia and it said... "A safe harbor is a provision of a statute or a regulation that reduces or eliminates a party's liability under the law, on the condition that the party performed its actions in good faith. Legislators include safe-harbor provisions to protect legitimate or excusable violations." Are you serious? People have to have a liability waiver for press releases do they? Has suing culture in America gone that bad? If I'm a shareholder and I take shares in Research In Motion, and the Playbook gets released and fails like the Microsoft Kin; that article is implying that before the "The United States Private Securities Litigation Reform Act of 1995", I could sue Research In Motion for being misleading to shareholders in their press release, or for misrepresentation. Someone explain that to me? Why was that law made and why are lawyers telling businesses to include it onto their press releases and other material they publish. Why are people doing it? What would happen if businesses don't do it. More references --> http://en.wikipedia.org/wiki/Safe_harbor // http://en.wikipedia.org/wiki/Private_Securities_Litigation_Reform_Act

Best answer:

Answer by TruthB
Prophylactic!
For protection. Not all have the same waiver, user terms, etc.

ARE YOU SERIOUS?! Everything has a protection from litigation statement!
Package of hamburger tells the proper cooking! Look at a Turkey – instructions, proper temp and a toll free number protect from litigation.

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Be the first to comment - What do you think?  Posted by - October 29, 2010 at 11:13 pm

Categories: Product Liability Lawyer   Tags: , , , , , ,

Q&A: I have been served with an eviction notice. Do I need to hire a lawyer?


by TitaniumDreads

Question by Hallie Ray: I have been served with an eviction notice. Do I need to hire a lawyer?
The deadline for my written responce is 5:00 pm April 16th. Is it “do”able without a lawyer or do i need one to write this responce?

Best answer:

Answer by lushpoppy
how would you afford a lawyer if you can’t pay your rents?

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10 comments - What do you think?  Posted by - October 23, 2010 at 1:14 pm

Categories: Hire An Lawyer   Tags: , , , , , ,

Requirements of Serving Your Tenants With a 3 Day Notice

Requirements of Serving Your Tenants With a 3 Day Notice

<p> Serving your tenant with a 3 Day Notice informs them that they have 3 days to pay the overdue rent they owe you, or they have to move out. A three day notice can be delivered as soon as the rent is due, and in most counties is a requirement before evictions proceedings can begin. If you have a lease, you should review it to determine what day of the week the rent is officially due, and to make sure the lease doesn’t specify a different length of notice before initiating an evictions proceeding (i.e. a 30 day notice).</p><p>     Determining the three day period incorrectly when giving the notice or filing the case in court prior to the expiration of the 3-day time period will most likely result in your case being dismissed. Weekends and holidays observed by the court should not be included when calculating the 3-day time period. Example: a three day notice served on Tuesday, July 3 would expire on Monday, July 9, because you would not count holidays (July 4), or weekends (Saturday, and Sunday). So make sure you don’t start your evictions proceeding before the expiration of the three day notice period, or your landlord tenant action will be dismissed.<br>  <br>  You can only claim rent amounts that are overdue in your three day notice. Do not include any amounts that are not “rent”, such as utilities, security deposits, late fees or other costs. If you have a lease in effect with your tenant and any of the preceding items are defined as “additional rent” in the lease, then you may include it in the amount due in the 3-day notice. If you list items other than rent in your three day notice or rent that is not due yet (future rent), your evictions action can be thrown out by the court. <br>  <br>  The 3-day notice should be served personally on the tenant. In some states, oral notification is sufficient (i.e. it is not necessary to give your tenant written notice if you orally tell them they have to pay rent or move out within 3 days). A landlord tenant lawyer in your area such as <a title=”landlord tenant lawyer long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.squidoo.com/landlord_tenant_court_long_island_NY”>landlord tenant lawyer long island</a> can advise you of your state’s laws via e-mail or telephone.  </p><p>     If personal service isn’t an option, you can also mail the 3-day notice to the tenant.  However, please note that you usually must add five days each way for mail time, depending on your court’s requirements.  In other words if you use the mail to deliver an<a title=”eviction notice suffolk county” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com”>eviction notice suffolk county</a>, you have to allow 13 days before commencing an evictions proceeding (3 days + five days + five days). </p><p><br>  There are some circumstances where delivering the notice via the mail is the only choice or where the tenant will always be allowed to use the mail to respond to a three day notice. This typically occurs when the landlord uses a P.O. Box or an out-of-town address for the tenant to pay rent.<br>  <br>  If your tenant pays you the full amount due as per your 3-day notice, you must accept the payment, and you can no longer bring a non-payment proceeding against your tenant to evict them. If the tenant only has some of the rent, you do not have to take it. If you accept partial payment of some of the money due, then the three day notice has been partly complied with, and you can no longer oust the tenant for non-payment of rent. If you accept rent and you would still like to get rid of your tenant, instead of bringing a non-payment eviction proceeding, you can bring what’s called a holdover eviction proceeding. You should consult with a landlord tenant lawyer in your jurisdiction for more information about the steps necessary to bring a holdover proceeding.</p><p><br>  If there are any deficiencies in your three Day Notice, or if you bring the wrong type of evictions proceeding, courts such as the<a title=”landlord tenant court long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>landlord tenant court long island</a> will dismiss your case. If you’re not from Suffolk County or Nassau County, consult with your county’s court for their procedure. The consequence of a dismissal is that a new and correct three day notice must be correctly served, and the case has to be started again from scratch.  This would allow the tenant to remain in the property for up to months longer than necessary. <br>  <br>  Another possible result to bringing a defective eviction proceeding is that you may be held responsible to your tenants for legal fees and costs associated with defending the evictions action. This is why it is almost always better to hire a professional to handle the matter for you as quickly and expeditiously as possible. Good luck!</p>

Teaching <a title=”New York Landlord Tenant” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>New York Landlord Tenant</a> law since 1986.

 

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Be the first to comment - What do you think?  Posted by - October 3, 2010 at 9:20 pm

Categories: Landlord Tenant Lawyer   Tags: , , ,