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	<title>All-Lawyers.info Blog</title>
	<link>http://blog.all-lawyers.info</link>
	<description>All-Lawyers.info Legal Blog</description>
	<pubDate>Sun, 29 Jun 2008 12:57:13 +0000</pubDate>
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		<title>NFA Firearms Trust for Purchase of Class III Firearms</title>
		<link>http://blog.all-lawyers.info/nfa-firearms-trust-for-purchase-of-class-iii-firearms/</link>
		<comments>http://blog.all-lawyers.info/nfa-firearms-trust-for-purchase-of-class-iii-firearms/#comments</comments>
		<pubDate>Sun, 29 Jun 2008 12:57:13 +0000</pubDate>
		<dc:creator><a href='/author/david_goldman'>david_goldman</a></dc:creator>
		
		<category><![CDATA[Firearms Law]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/nfa-firearms-trust-for-purchase-of-class-iii-firearms/</guid>
		<description><![CDATA[If you want to purchase a silencer, short barreled riffle, or machine gun the typical process involves filling out a form 4 and submitting the applicaiton to your local Chief Law Enforcement Officer.  They take your finger prints and do a background check to determine if you are a threat to society.  If the sheriff [...]]]></description>
			<content:encoded><![CDATA[<p>If you want to purchase a silencer, short barreled riffle, or machine gun the typical process involves filling out a form 4 and submitting the applicaiton to your local Chief Law Enforcement Officer.  They take your finger prints and do a background check to determine if you are a threat to society.  If the sheriff approves your application it will be submitted to the ATF.</p>
<p>The problems is that most of us live in an area where the local Sheriff will not approve any applications.  There are several ways to bypass the local approval process.  One of these is by the use of a NFA Firemars or Gun Trust. Many people attempt to use Quicken or a generic revocable trust, and although these will allow for the purcahse of the items, the can cause many cival and criminal liabilities for the purchaser and their family.</p>
<p>A typical trust is designed for the distribution and managment of furniture, cash, stocks, or other traditional assets.  These assets do not have the criminal penalties associated with the improper transfer, possession, or use that an item restricted by the National Firearms Act does.</p>
<p>Some of the issues a NFA trust addresses are:</p>
<p>1) Access to the items by your spouse or a friend;</p>
<p>2) Ability for additional people to use or be in possession of the items;</p>
<p>3) Ability for someone to review the transfer to your children, wait until they reach a mature age, and then determine if it is a good idea;</p>
<p>4) Look at the laws in effect at the time of your incapaicty or death prior to making a transfer;</p>
<p>5) Determine if your heir or family lives in the right location prior to giving them the items;</p>
<p>6) Give the successor trustss, who you can name cannot actually determine until your death, instructions on how to transfer, who they can transfer, and the ability to use the items.</p>
<p>To find our more about your state and the issues involved in the purchase of weapon or firearm restricted by the NFA click on your state link on the Gun Trust Lawyer<a href="http://www.guntrustlawyer.com"> </a>website.</p>
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		<title>Florida Asset Protection and Estate Planning</title>
		<link>http://blog.all-lawyers.info/florida-asset-protection-and-estate-planning/</link>
		<comments>http://blog.all-lawyers.info/florida-asset-protection-and-estate-planning/#comments</comments>
		<pubDate>Sun, 29 Jun 2008 12:54:32 +0000</pubDate>
		<dc:creator><a href='/author/david_goldman'>david_goldman</a></dc:creator>
		
		<category><![CDATA[Elder Law]]></category>

		<category><![CDATA[Estate planning]]></category>

		<category><![CDATA[Probate]]></category>

		<category><![CDATA[Wills and Trusts]]></category>

		<category><![CDATA[Florida]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/florida-asset-protection-and-estate-planning/</guid>
		<description><![CDATA[Generally Florida Estate Planning Lawyers do not talk to their clients about Florida Asset protection.  I find that Florida Estate Planning  and Florida Probate and Florida Elder Law are often intertwined with asset protection.
Estate Planning tends to be preserving ones assets for your children and family.
Probate is the process where the decedents assets [...]]]></description>
			<content:encoded><![CDATA[<p>Generally Florida Estate Planning Lawyers do not talk to their clients about Florida Asset protection.  I find that Florida Estate Planning  and Florida Probate and Florida Elder Law are often intertwined with asset protection.</p>
<p>Estate Planning tends to be preserving ones assets for your children and family.<br />
Probate is the process where the decedents assets are distributed by the terms of a will, or under the states intestate statutes.  With proper planning the amount of assets that are subject to state and federal death or estate taxes can be limited or eliminated.<br />
Elder law tends to be transferring assets so that they do no disqualify one from government benefits like medicaid.  Often people to much money or income to qualify for nursing home coverage, but not enough to pay for the costs for more than a few months.</p>
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		<title>THE SHOW IS CANCELLED – HOW TO MOVE ON TO THE NEXT DEAL</title>
		<link>http://blog.all-lawyers.info/the-show-is-cancelled-%e2%80%93-how-to-move-on-to-the-next-deal/</link>
		<comments>http://blog.all-lawyers.info/the-show-is-cancelled-%e2%80%93-how-to-move-on-to-the-next-deal/#comments</comments>
		<pubDate>Sun, 29 Jun 2008 12:52:44 +0000</pubDate>
		<dc:creator><a href='/author/hellmuthjohnson'>Hellmuth &#38; Johnson, PLLC</a></dc:creator>
		
		<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/the-show-is-cancelled-%e2%80%93-how-to-move-on-to-the-next-deal/</guid>
		<description><![CDATA[By many accounts, buyers and sellers of residential real estate back out of purchase agreements more easily than they used to – parties care less these days for the sanctity of a purchase agreement.  Most real estate professionals currently practicing have run across at least a deal or two where a party cannot or [...]]]></description>
			<content:encoded><![CDATA[<p>By many accounts, buyers and sellers of residential real estate back out of purchase agreements more easily than they used to – parties care less these days for the sanctity of a purchase agreement.  Most real estate professionals currently practicing have run across at least a deal or two where a party cannot or does not consummate the transaction.  Reasons number high for this decreased regard, but are sure to include circumstances beyond the parties’ control or planning.</p>
<p>Anyone in the real estate industry knows that market conditions have changed in recent years.  Whether due to adjusted property values, lending standards, new construction activity, or simple supply and demand, statistics continue to show that the housing market remains slow compared to the early half of the decade.  Increasingly in this type of market, conditions fail in attempted purchases.</p>
<p>Failed conditions kill a real property sale.  If the parties cannot save the deal, the purchase agreement typically must be cancelled.  If the parties cannot voluntarily cancel the purchase agreement together, then circumstances may require one party to commence a proceeding under one of Minnesota’s Residential Purchase Agreement Cancellation Statutes.</p>
<p>Minnesota permits three different statutory cancellation proceedings.  Minn. §559.21 offers a 30-day cancellation procedure, only available to sellers.  Both sellers and buyers can seek cancellation using the two procedures available under Minn. §559.217, the 15-day Declaratory Cancellation and Cancellation with 15-day right to cure.  Parties most commonly commence cancellation proceedings to authorize the release of earnest money, determine who gets the earnest money, and determine that the purchase agreement no longer binds the parties.  This final determination frees the parties to move on to another transaction.</p>
<p>Not all situations call for statutory cancellation proceedings.  Certain situations may not merit a statutory cancellation proceeding, and in other situations, the circumstances may permit other or additional legal remedies.  Any party considering a statutory cancellation proceeding should consult a legal professional as to whether one of these proceedings is advisable for the party’s particular circumstances.</p>
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		<title>The Modern Family</title>
		<link>http://blog.all-lawyers.info/the-modern-family/</link>
		<comments>http://blog.all-lawyers.info/the-modern-family/#comments</comments>
		<pubDate>Sun, 01 Jun 2008 19:44:06 +0000</pubDate>
		<dc:creator><a href='/author/joseph brophy'>Joseph Brophy &#38; Co.</a></dc:creator>
		
		<category><![CDATA[News]]></category>

		<category><![CDATA[]]></category>

		<category><![CDATA[Access]]></category>

		<category><![CDATA[Adoption]]></category>

		<category><![CDATA[Agreements]]></category>

		<category><![CDATA[Birth Certificates]]></category>

		<category><![CDATA[Custody]]></category>

		<category><![CDATA[Divorce]]></category>

		<category><![CDATA[Family Law]]></category>

		<category><![CDATA[Guardianship]]></category>

		<category><![CDATA[Maintenance]]></category>

		<category><![CDATA[Name Changes]]></category>

		<category><![CDATA[Pensions]]></category>

		<category><![CDATA[Seperation]]></category>

		<category><![CDATA[Single Parents]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/the-modern-family/</guid>
		<description><![CDATA[I would appreciate any comments in relation to experiences in Ireland in particular with respect to &#8220;the modern family&#8221; types- issues faced within the diverse family units in particular in Ireland or affecting Irish residents. Should there be enough interest, I may debate and discuss the issues? Please contact me directly should you have any [...]]]></description>
			<content:encoded><![CDATA[<p>I would appreciate any comments in relation to experiences in Ireland in particular with respect to &#8220;the modern family&#8221; types- issues faced within the diverse family units in particular in Ireland or affecting Irish residents. Should there be enough interest, I may debate and discuss the issues? Please contact me directly should you have any personal issues as it may be inappropriate to discuss those matters in a blog given the sensitive nature of family law matters.</p>
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		<title>LANDMARK WIN ON ASBESTOS BRAKE PADS</title>
		<link>http://blog.all-lawyers.info/landmark-win-on-asbestos-brake-pads/</link>
		<comments>http://blog.all-lawyers.info/landmark-win-on-asbestos-brake-pads/#comments</comments>
		<pubDate>Wed, 26 Mar 2008 09:01:19 +0000</pubDate>
		<dc:creator><a href='/author/nondas'>nondas</a></dc:creator>
		
		<category><![CDATA[Workers Compensation]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/landmark-win-on-asbestos-brake-pads/</guid>
		<description><![CDATA[LANDMARK WIN ON ASBESTOS BRAKE PADS A former Perth brake mechanic is the first Australian to win a successful verdict against the Ford Motor Company for exposure to asbestos through brake pads.
Antonino Lo Presti, 58, worked as a brake mechanic at Ford dealerships from 1970 to 1987.  He was diagnosed in July 2001 with [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://blog.all-lawyers.info/wp-content/uploads/2008/03/landmark-win-on-asbestos-brake-pads-08-02-19.pdf" title="LANDMARK WIN ON ASBESTOS BRAKE PADS">LANDMARK WIN ON ASBESTOS BRAKE PADS</a> A former Perth brake mechanic is the first Australian to win a successful verdict against the Ford Motor Company for exposure to asbestos through brake pads.</p>
<p>Antonino Lo Presti, 58, worked as a brake mechanic at Ford dealerships from 1970 to 1987.  He was diagnosed in July 2001 with asbestosis and pleural disease, due to asbestos exposure.</p>
<p>The Supreme Court of WA today ruled in favor of Mr Lo Presti, ordering Ford to pay him $840,000 in damages in addition to his legal costs.</p>
<p>Earlier he had told the Court that he inhaled asbestos when he used compressed air to blow out brake drums when brakes were serviced or changed.  The brakes were usually Australian-made Ford brakes.  During the entire period he worked in workshops without mechanical ventilation. No masks or warnings were given to staff. Even at workshops Ford held for mechanics, no warnings were provided. <a href="http://blog.all-lawyers.info/landmark-win-on-asbestos-brake-pads/#more-42" class="more-link">(more&#8230;)</a></p>
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		<title>Bulgarian NGOs fear for future</title>
		<link>http://blog.all-lawyers.info/bulgarian-ngos-fear-for-future/</link>
		<comments>http://blog.all-lawyers.info/bulgarian-ngos-fear-for-future/#comments</comments>
		<pubDate>Mon, 24 Mar 2008 09:16:58 +0000</pubDate>
		<dc:creator><a href='/author/alena'>Alena</a></dc:creator>
		
		<category><![CDATA[Not For Profit Law]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/bulgarian-ngos-fear-for-future/</guid>
		<description><![CDATA[Bulgaria&#8217;s non-government organisations, already under-financed, could experience severe financial difficulties after the withdrawal of foreign donors from the country, Bulgarian Centre for Not-for-Profit Law (BCNL) said on February 25 2008, as quoted by mediapool.bg.
Foreign donors provide more than 40 per cent of total financing to Bulgarian NGOs, a survey by pollster MBMD, commissioned by BCNL, [...]]]></description>
			<content:encoded><![CDATA[<p>Bulgaria&#8217;s non-government organisations, already under-financed, could experience severe financial difficulties after the withdrawal of foreign donors from the country, Bulgarian Centre for Not-for-Profit Law (BCNL) said on February 25 2008, as quoted by mediapool.bg.</p>
<p>Foreign donors provide more than 40 per cent of total financing to Bulgarian NGOs, a survey by pollster MBMD, commissioned by BCNL, showed. Although dependence on foreign funding has halved since 2000, it remained high.</p>
<p>The rest of the funding comes from NGO&#8217;s own activities (17 per cent), state subsidies (eight per cent), corporate grants (eight per cent), donations from individuals (six per cent) Bulgarian organisations (six per cent) and municipalities (two per cent). <a href="http://blog.all-lawyers.info/bulgarian-ngos-fear-for-future/#more-40" class="more-link">(more&#8230;)</a></p>
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		<title>Law seeks to facilitate loans on Native American reservations</title>
		<link>http://blog.all-lawyers.info/law-seeks-to-facilitate-loans-on-native-american-reservations/</link>
		<comments>http://blog.all-lawyers.info/law-seeks-to-facilitate-loans-on-native-american-reservations/#comments</comments>
		<pubDate>Sun, 23 Mar 2008 16:09:25 +0000</pubDate>
		<dc:creator><a href='/author/alena'>Alena</a></dc:creator>
		
		<category><![CDATA[Native American Law]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/law-seeks-to-facilitate-loans-on-native-american-reservations/</guid>
		<description><![CDATA[BROOMFIELD, Colo. (AP) - A new tribal law aims to make it easier to get loans on Native American reservations. Representatives from about a dozen Native American tribes around the country will attend a 2-day seminar Friday and Saturday in Broomfield to learn about how it works. Banks have previously been reluctant to loan money [...]]]></description>
			<content:encoded><![CDATA[<p>BROOMFIELD, Colo. (AP) - A new tribal law aims to make it easier to get loans on Native American reservations. Representatives from about a dozen Native American tribes around the country will attend a 2-day seminar Friday and Saturday in Broomfield to learn about how it works. Banks have previously been reluctant to loan money to people on reservations because of the difficulty of going through tribal courts if the loan defaults.</p>
<p>The Crow Tribe in Montana was the first to enact the law in country. The Model Tribal Secured Transaction Act was authored by the Uniform Law Commission, which works to make some areas of law consistent from state to state.</p>
<p>About 30 tribes have either enacted the law or are considering it.</p>
<p>Source: <a href="http://www.krdo.com" title="www.krdo.com" target="_blank">www.krdo.com</a></p>
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		<title>Dozens of real estate professionals face state tax evasion charges</title>
		<link>http://blog.all-lawyers.info/dozens-of-real-estate-professionals-face-state-tax-evasion-charges/</link>
		<comments>http://blog.all-lawyers.info/dozens-of-real-estate-professionals-face-state-tax-evasion-charges/#comments</comments>
		<pubDate>Sun, 23 Mar 2008 16:05:08 +0000</pubDate>
		<dc:creator><a href='/author/alena'>Alena</a></dc:creator>
		
		<category><![CDATA[Real Estate]]></category>

		<category><![CDATA[Tax]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/dozens-of-real-estate-professionals-face-state-tax-evasion-charges/</guid>
		<description><![CDATA[ALBANY – Five individuals were arraigned for failing to file New York State personal income tax returns, and the remaining 26 will be arraigned on April 4, 2008. The 31 individuals are believed to owe over $650,000 in tax liability.
The charges are the result of an initiative undertaken by the New York State Department of [...]]]></description>
			<content:encoded><![CDATA[<p>ALBANY – Five individuals were arraigned for failing to file New York State personal income tax returns, and the remaining 26 will be arraigned on April 4, 2008. The 31 individuals are believed to owe over $650,000 in tax liability.</p>
<p>The charges are the result of an initiative undertaken by the New York State Department of Taxation &amp; Finance’s Office of Tax Enforcement to identify professionals who have failed to file and remit personal income taxes to the State. The 31 people are all real estate professionals who received 1099 income in tax years 2000 through 2006. Twenty-nine of those accused face violations of §1802(a) of the New York State Tax Law, an “E” Felony, for failing to file returns for three or more consecutive tax years, having a tax liability in each of those years, and, if found guilty, may be sentenced to a maximum of 1 1/3 to 4 years in state prison. The remaining 2 defendants are facing misdemeanor charges, for failing to file in a given tax year or non-consecutive years, in violation of §1801(a)of the New York State Tax Law, exposing them, upon conviction, to up to a year in jail. <a href="http://blog.all-lawyers.info/dozens-of-real-estate-professionals-face-state-tax-evasion-charges/#more-38" class="more-link">(more&#8230;)</a></p>
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		<title>Guatemala probe finds fraud; U.S. adoptions at risk</title>
		<link>http://blog.all-lawyers.info/guatemala-probe-finds-fraud-us-adoptions-at-risk/</link>
		<comments>http://blog.all-lawyers.info/guatemala-probe-finds-fraud-us-adoptions-at-risk/#comments</comments>
		<pubDate>Sun, 23 Mar 2008 15:57:03 +0000</pubDate>
		<dc:creator><a href='/author/alena'>Alena</a></dc:creator>
		
		<category><![CDATA[Adoption]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/guatemala-probe-finds-fraud-us-adoptions-at-risk/</guid>
		<description><![CDATA[GUATEMALA CITY — Luciany Ball&#8217;s adoption file says she was born 14 months ago by Caesarean section to a single mother who gave her up so she could be raised by a loving family in a six-bedroom Indiana farmhouse.
But now some of the documents appear to be fraudulent, part of a slew of irregularities at [...]]]></description>
			<content:encoded><![CDATA[<p>GUATEMALA CITY — Luciany Ball&#8217;s adoption file says she was born 14 months ago by Caesarean section to a single mother who gave her up so she could be raised by a loving family in a six-bedroom Indiana farmhouse.</p>
<p>But now some of the documents appear to be fraudulent, part of a slew of irregularities at the agency handling Luciany&#8217;s adoption that have left dozens of babies in danger of being seized from their anguished American adoptive parents. The probe also casts a cloud of uncertainty over some 2,900 pending U.S. adoptions.</p>
<p>Prosecutors describe their probe of Casa Quivira — considered Guatemala&#8217;s best adoption agency — as their first serious attempt to investigate a $100 million industry that has made tiny Guatemala second only to China in sending orphaned infants to the United States.</p>
<p>The system has delivered 29,400 Guatemalan children into U.S. homes since 1990. <a href="http://blog.all-lawyers.info/guatemala-probe-finds-fraud-us-adoptions-at-risk/#more-37" class="more-link">(more&#8230;)</a></p>
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		<title>Sexual Harassment in the Workplace</title>
		<link>http://blog.all-lawyers.info/sexual-harassment-in-the-workplace/</link>
		<comments>http://blog.all-lawyers.info/sexual-harassment-in-the-workplace/#comments</comments>
		<pubDate>Sun, 23 Mar 2008 15:48:37 +0000</pubDate>
		<dc:creator><a href='/author/alena'>Alena</a></dc:creator>
		
		<category><![CDATA[Sexual Harassment]]></category>

		<guid isPermaLink="false">http://blog.all-lawyers.info/sexual-harassment-in-the-workplace/</guid>
		<description><![CDATA[In October 2007, Anucha Browne Sanders won her sexual harassment case against Madison Square Gardens and was awarded $11.6 million. The verdict was the result of a grueling trial where Browne Sanders, a high-profile sports executive for the New York Knicks, recounted witnessing male executives pressure young female interns into sex. When she approached her [...]]]></description>
			<content:encoded><![CDATA[<p>In October 2007, Anucha Browne Sanders won her sexual harassment case against Madison Square Gardens and was awarded $11.6 million. The verdict was the result of a grueling trial where Browne Sanders, a high-profile sports executive for the New York Knicks, recounted witnessing male executives pressure young female interns into sex. When she approached her boss and colleagues about the improprieties, she was met with slander, threats, and was subjected to profanity-laced tirades and sexual slurs at the hands of Isaiah Thomas, the club&#8217;s president and coach. The jury ruled in favor of Browne Sanders, ruling that the actions of Thomas and the other men had turned Madison Square Gardens into a hostile workplace. <a href="http://blog.all-lawyers.info/sexual-harassment-in-the-workplace/#more-36" class="more-link">(more&#8230;)</a></p>
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