Articles By Peter Clarke
- Legitimate Interest in a Covenant Not to Compete
A Covenant Not to Compete, often called a non-compete agreement or clause, is a legally binding contract or provision wherein an employee agrees not to compete with their employer or…
- Violation of Health Information Privacy
HIPAA stands for the Health Insurance Portability and Accountability Act. Enacted in 1996 under President Clinton, the HIPAA has a privacy section that regulates the use and disclosure of patient…
- Dischargeable vs. Nondischargeable Debts in Bankruptcy
There are two types of debt for bankruptcy purposes: dischargeable and non-dischargeable. A debtor is freed of the legal obligation to pay debts that are discharged in bankruptcy. Not all…
- What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of lawsuit that is brought by a family member of a deceased individual against the individual who caused their death. Wrongful death lawsuits…
- What Is Title IX?
Title IX is a federal law that seeks to abolish gender discrimination in any educational program that receives federal funds. Prior to Title IX, males were given access to better…
- Contracts for Construction Projects
Construction laws are the body of laws that govern all aspects of building structures. They encompass everything from the initial bidding process to the negotiation and drafting of construction contracts.…
- Florida PIP (Personal Injury Protection) Law
The State of Florida is one of ten states that require car insurance with personal injury protection, known as PIP or no-fault. Regardless of whether a collision was an individual’s…
- Forming a De Facto Corporation
In general, a corporation is a type of business formation. It occurs when all of the requirements listed within a state incorporation statute have been met and the business is…
- Duty to Act
A legal duty to act is a legal duty that requires a party to take necessary actions to prevent harm to another individual or to the general public. Under personal…
- Slip, Trip, and Fall Disputes
A slip, trip and fall dispute is a type of premises liability claim. These cases usually arise when a person slips and falls or trips and falls and suffers injuries…
- Medical Negligence Defenses
The term “medical negligence” refers to legal claims involving injuries caused by medical professionals. This is a particular form of negligence. To prove medical negligence, it must be shown that…
- Duty to Read a Contract
An adhesion contract is a standardized agreement, which occurs on a “take it or leave it” basis. If you do not agree to the terms of an adhesion contract, you…
- Hip Implant Defects
The hip’s ball and socket joint may deteriorate or become less sturdy with time. Recent operations have been devised to address this specific type of physical condition. These procedures might…
- Unauthorized Access of Medical Health Records
Medical health records are the collection of an individual’s past documents that includes their: Medical treatments; Diagnoses; Surgeries; and Other information. These records are usually kept by the individual’s health…
- Product Liability Lawsuits
A product liability lawsuit typically involves injuries or losses that are caused by a consumer product. In the majority of cases, the injuries or damages are caused by a defect…
- Health Record Privacy Disputes
Health records, or medical records, contain information about a person’s previous medical treatments, their medical conditions, and medical history. While it is necessary for healthcare providers to keep meticulous records…
- Family Immigrant Laws
Family immigrant laws cover situations where a person wishes to assist a relative in relocating permanently from another country to the United States. Family immigration is a common way for…
- Family Immigration Laws
Family immigration refers to a type of immigration permitted under U.S. immigration laws that allows U.S. citizens and lawful permanent residents (Green Card holders) to petition their foreign relatives to…
- Principal-Agent Laws
Agents are individuals who agree to represent other individuals, referred to as the principal. Agents act similarly to employees, with the notable difference that the agent works with the principal…
- Business Property Management
All personal property and fixtures owned, controlled, managed, or in possession of a business are collectively referred to as business property. Businesses involved in manufacturing and distributing goods place a…
- Business Property Tax
Business property tax, a term you might have stumbled upon while setting up or operating a business, is a levy imposed on properties used for business purposes. Think of your…
- Immigration Application
What is an Immigration Application? An “immigration application” refers to the documentation and paperwork that is necessary during the immigration process. It usually refers to applications for permanent residency (i.e.,…
- Suing for Pain and Suffering
Pain and suffering damages are a type of legal remedy that is ordered to be paid to an injured party (i.e., a plaintiff) in connection with a personal injury claim.…
- Immigrant Visa Laws
If a person wants to come to and remain in the United States, they will need to be aware of the fact that there are many responsibilities and obligations associated…
- Home Loan Lawyers
When prospective homeowners are wanting to purchase a home, oftentimes they will require some form of financing to assist them with purchasing the home. In most cases, the homeowner will…
- Support Guidelines
When a couple is divorcing, important questions include how much will the child support award be, and who will pay it? And will there be an alimony (spousal maintenance) award,…
- Professional Liability Laws
When a professional is held liable for any acts of negligence or malpractice committed while working with a client, this is referred to as professional liability. Because they have specific…
- Business Name Lawyers
A business name is a name that a company registers with the county or state. This is the name used for all legal documents, transactions, and business matters. Businesses are…
- Choosing a Corporate Name
Corporations are entities, typically businesses, that have the authority under the law to act as a single entity that is separate and distinct from the shareholders who own it. Only…
- Home Improvement Loan Disputes
A home improvement loan is meant to cover the cost of renovations on your property. A home improvement loan can be a very beneficial tool for you to use when…
- Form I-94 Lawyers
Form I-94 has to do with United States immigration laws, When a nonimmigrant foreigner (that is someone who is not a U.S. citizen or permanent resident) arrives at a U.S.…
- What is Phantom Pain?
Phantom pain is pain that appears to be coming from a body part (say, a leg) even though that body part is no longer there. Most often, this occurs in…
- Offer Termination in Contracts
In a contracts setting, the contract needs to be offered by one party and accepted by the other party to be valid. The party making the offer is called the…
- Boilerplate Language in Contracts
A contract template is a general outline that is used for a contract. It could be a blank form that is filled in by the parties involved or it may…
- Securities Arbitration Lawyers
Under the Securities Act of 1933, anyone who wishes to sell investment contracts to the public must publish certain information regarding the proposed offering, the company making the offering, and…
- Victim’s Rights in a Criminal Case
Most people know that the accused in a criminal case has many rights, like the right to an attorney and the right not to make any incriminating statements. In criminal…
- Trademark Registration Lawyers
A trademark is used to identify products, the source of those products, and the merchant of manufacture of the products. A trademark may come in the form of: Words; Phrases;…
- What Is a Legal Separation?
A legal separation is a court-ordered arrangement after a married couple decides to live separately. A legal separation is an alternative to a divorce when the parties are unsure of…
- Unlawful Presence as Grounds for Removal
Prior to discussing immigration and deportation, it is important to clarify that seeking asylum through immigration into the United States is absolutely a legal activity. There is a legal process…
- Clawback Lawsuits
“Clawback” refers to a provision in a contract that allows money or benefits to be taken back under certain circumstances. If an insurance policy is canceled within a given period…
- Privacy and Living Trusts
A particular kind of trust that is established while the creator is still alive is known as a living trust. The grantor and beneficiary can sidestep the probate process with…
- Social Security Disability
Social security is a program utilizing public funds, in order to provide a degree of economic security for the public as a whole once they have retired. In the United…
- FAQs When a Person Is Accused of a Crime
You will typically be notified that you have been accused of a crime through an arrest, summons, or other formal legal process. This might include charges related to larceny, misdemeanors,…
- Closely-Held Business Laws
A closely-held business is a business entity that is owned by a small group of people. They typically have a common interest in the company. For example, they might be…
- Child Support Services
Child Support Services (CSS) is an organized system designed to ensure that children receive financial support from both their custodial parents and non-custodial parents. After a separation or divorce, one…
- Unclassified Misdemeanor Laws
In criminal law, the categorization of offenses acts as a tool, helping to distinguish between varying degrees of severity and consequence. Two primary categories exist in this system: felony charges…
- Professional Child Custody Evaluator
A custody evaluator is a mental health professional who performs written recommendations to the court regarding the custody-visitation arrangement and how it will serve the best interests of the children…
- New York Tort Law
Although the exact definition varies by state, the legal term “tort” refers to a violation in which one person inflicts damage, injury, or harm to another person. A violation could…
- Tort Law Liability
A tort is a legal word that refers to a violation in which one individual causes damage, hurt, or harm to another. The violation may be the consequence of purposeful…
- Types of CC&R’s
The acronym “CC&Rs” stands for “covenants, conditions and restrictions” (CC&Rs) The term refers to any legally enforceable document, contract, or agreement that restricts the use and enjoyment of real property.…