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iPhone Surpasses the Blackberry in the Battle for Users

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  The ever popular iPhone has officially outranked Blackberry in the battle of the smartphones. However, Apple is still in 2nd place as smartphones utilizing Google's Android OS account for over 36 percent of the U.S. market share. In a twist of irony, Palm, the company responsible for launching the smartphone movement, has continued to lose users in recent years.  https://askcompetentlawyer.com/  In fact, Palm's current market share is last among all other smartphones.

“New Rules” for the Florida Durable Family Power of Attorney

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  In June 2011, Governor Scott signed into law key changes to Florida Statute 709 covering the form and use of Florida ‘s Durable Family Power of Attorney. The Durable Power of Attorney has long been an important tool in the war chest of investment and estate planning professionals for clients seeking to protect their assets in the eventuality of the client’s own long-term incapacity. In fact, that’s where the phrase “durable” comes from.  https://askcompetentlawyer.com/  A standard Power of Attorney ceases to be enforceable upon the incapacity of the grantor of the Power. As a result, it ceases to function just when it is needed most. A properly executed “Durable” Power of Attorney, however, survives the physical or mental incapacity of the grantor – providing the grantor’s “Agent” the authority to act on their behalf. Florida’s “new rules” as to the Durable Family Power of Attorney go into effect October 1, 2011.

Trial for Damages in Privacy Suit Against Hustler Set to Begin Monday, June 13th

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  After years of litigation and multiple appeals, including a petition to the United States Supreme Court, the case against LFP Publishing Group (d/b/a Hustler magazine) is coming to a close. The case was brought by Maureen Toffoloni on behalf of her daughter's estate. Ms. Toffoloni is the mother of Nancy Benoit, who was murdered in 2007 by her husband, professional wrestler Chris Benoit. In March of 2008, Hustler magazine published nude photos of Nancy Benoit that were made 20 years prior to her death. Nancy Benoit immediately requested that the photographer destroy the film and negatives so the images could never be published.  https://askcompetentlawyer.com/property-damage-litigation/  However, the photographer kept a videotape of the images, which were later lifted from the video and released by Hustler. Initially, a federal district court dismissed the right-of-publicity suit filed by Ms. Toffoloni, finding that the images related to a legitimate matter of public concern. This

New York, New York – Court Rules that Dispute with Casino Must be Handled by Tribal Court

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  Joe Frazier, the former heavyweight boxing champion, tried unsuccessfully to sue the Oneida Indian tribe in Federal Court for using his picture without permission. The picture was used to promote a boxing match between Frazier's daughter and Muhammad Ali's daughter at the Oneida-owned Turning Stone Casino. The former heavyweight champion objected to the use of his picture in a way that promoted commercial gambling. The 2nd US Court of Appeals in Manhattan ruled that it had no jurisdiction in the case because of the tribe's sovereign status. To pursue the matter further, Frazier will have to sue the casino owners in an Oneida run court. Tribal sovereignty is a complex legal issue. While congress recognizes that tribes have an inherent right to govern themselves, congress can limit that sovereignty.  https://askcompetentlawyer.com/fraud/  For example, tribal jurisdiction over their own residents had been well-established, but jurisdiction in matters between tribal and non-t

Marketing should be Considered an Investment, not an Expense

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  Steve McKee, author of  When Growth Stalls: How it Happens, Why You're Stuck and What to do About It , stated that “every business lives or dies by its brand.” Few owners invest the time or money they should into their brand. "Brand neglect" can occur imperceptibly, through weak or non-existent branding strategies, poor articulation or visuals, or inconsistent brand messages. Many business owners do not notice it happening because brand neglect often happens slowly. A business’ brand is its ultimate asset and should not be mismanaged. Brands can increase in value if they are well-managed. For example, the market value of Coca-Cola’s brand is more than $70 billion. Disney’s brand is worth $28 billion and McDonald’s brand is worth more than $33 billion. While your brand may not be worth that amount, it is an asset worth protecting and enhancing. As a business owner, brand management should be as important to you as your fiscal and product management. Set aside time to per

Intellectual Property, What Not to Do: Common Mistakes and Misconceptions (Vol. 1 of 5)

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  Intellectual Property, commonly referred to as IP Law, is the law that regulates the rights that exist in creative works and inventions.  https://askcompetentlawyer.com/intellectual-property-rights/   The four most commonly known rights are trademarks, patents, copyrights and service marks. In this five part series, we will discuss the differences between these four common types of intellectual property, and the common pitfalls/misconceptions on encounters when considering registration of his or her own IP. Finally, and possible most importantly, this blog series will convey how crucial it is to consult an attorney who specializes in intellectual property for advice and guidance.

Employers Advised to Put Plans in Place for Possible H1N1 (Swine Flu) Breakouts

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  In the case of an H1N1, or swine flu, breakout, employers have been urged for many months to become prepared for wide-spread impact on both their own staff and their customers. While we have dodged the bullet for now, this has been a good test case for businesses. Employers have several legal obligations regarding the privacy of employees, and may also be subject to federal laws that come into play if a pandemic hits the US.  https://askcompetentlawyer.com/covid-19-related-employment-litigation/  Employers need to be prepared with a plan in case the worst happens. Here are some tips for being prepared: Consider the legal issues Employers must provide employees and customers a safe working environment, and H1N1 (or some  other  massive breakout) could be considered a hazard. Employers should educate employees about virus, including information about how to control the spread of the disease. Employers may also have to consider how the Americans with Disabilities Act (ADA) and the Famil