A home based online business has to legally comply with the same regulations as an offline business from any other location. Below are the basic legal issues with which a real home based Internet business owner must be familiar.

The first one, a real concern for any home Internet business is the age restriction. The U.S. Federal Trade Commission (FTC) follows regulations spelled out in COPPA, the Children Online Privacy Protection Act.

The above act requires that children under the age of 13 cannot disclose their personal information unless a parent consents to it. Children under 18 years of age cannot, under any circumstances, be allowed to view pornographic content on the Internet, nor are they allowed to enter into any contract.

Real time occurrences on the Web, including chats and forums, must be carefully controlled by the home based Internet business owner. Bulletin boards will have the same control issues.

The rules of using each should very clearly solicit and retain the consent of each online user to refrain from posting pornography. Also, in this category are, defamatory or hate material or anything that infringes on the rights of others.

It is probably not a law and may never be so but respecting, truthfulness and fairness to other human beings should be a serious concern also.

Your company should also clearly state, on its site, that you are not liable for other users that commit to following your policies and guidelines but subsequently violate them. I always keep a sharp eye out on my web sites for this anyway and hope others will do the same.

We should all keep an eye out to preserve the integrity of the internet for all of us.

To make your ownership of all property real and keep content rights safe, on your home based business Internet site, you will need a copyright notice on the site footer, maybe on every page. The notice should clearly have the date, your name and the statement, All rights reserved.

A real copy of your business online site should be filed with the U.S. copyright office. This will effectively record ownership of the site contents, as well as its look and its feel. Incidentally, this will instill confidence in your site visitors that you are sincere about having a worthy web site.

Your site domain name is a dramatically important part of the branding and marketing for your Internet business. It is best to tie that domain name as closely as possible to your logo, your brand and your business name. This is so very important.

Carefully choose a domain name that clearly conveys the products or services of your real home based Internet business. It is the beginning of every sale or donation you ever get from your home business.

It is your very valuable headline. Register your domain name as a trademark and you can retain ownership should it be challenged by another business. Sometimes this will happen.

Your site is on the World Wide Web so you must comply with export regulations. If you sell goods over the Internet to these global consumers, which you should want to do, then you are exporting items for sale and entering into international countries and commerce. Your market increases by hundreds of millions of flesh and blood humans.

If your site is encrypted then you are exporting to other countries per U.S. Department of Commerce and Defense technology regulations. There are many U.S. federal agencies that have regulations in force.

Enforcement agencies are expected to enforce them with the intent of the law, for doing business with other countries. This is their job. Times and circumstances require a firm to get an export license to send information, technology or goods abroad.

Regarding other countries, there is now software on the internet that translates into many of the major world languages. If your web site can sell goods world wide you can use this software to major advantage to sell in many more places.

Your Google Ad Sense will be in other languages giving you more action also so many millions more prospects can read and buy from you. Your online pages will increase dramatically giving you far more links and exposure. Your Alexa rating will begin to rise. Understand the immense benefit from this.

There are countries with whom business transactions are limited severely for U.S. firms. These countries are Cuba, Iran, Iraq, North Korea, Syria and Yugoslavia.

Romania and Malaysia are rife with dishonesty on the internet. It is best to risk losing business with these two countries for now because your chances of being cheated are very high and not worth the risk with such poor odds that are not in your favor.

The best decision about the real problems you might encounter for your home based online business doing commerce with these countries and or the residents should be made with your attorney. Better yet, forget all of these until international relations with them get a lot better.

This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

What is Workers’ Compensation?

In Georgia, Workers’ Compensation operates as a “no fault” system for compensating injured workers for time missed from work and for costs of necessary medical treatment. The system presents trade-offs for Georgia workers. While it bars claims against an employer for personal injury, it also bars some of the defenses an employer could use against a workers’ claim such as “assumption of the risk” or that the injury was caused by a fellow employee.

This system means you cannot sue your employer in State/Superior court for your injuries, like you would in other instances. Instead, an injured employee is compensated according to a schedule set out by the Georgia State Board of Workers’ Compensation. Sadly, this means you will not be able to sue your employer for such things as pain and suffering from your injuries.

Exactly who is allowed to make a Georgia Workers’ Comp claim?

The foundation of workers’ compensation law is in defining who is an employer and an employee for workers’ compensation purposes. Unfortunately, it is not always as simple as “I work for Company X, therefore Company X is my employer and I am his employee.”

The basic rule as to whether an employee/employer relationship exists involves two seemingly simple criteria; 1) a person in the service of another, who is 2) under contract of hire.

There is no requirement that a work contract be written. Actual pay may not be necessary (ex. Volunteer firefighters or police, elected officials). Minors can still benefit from workers’ compensation even if they are working in violation of child labor laws. Also, unlike many states, migrant workers and temporary employees are covered.

However, many types of employment or employers are not subject to workers’ compensation. Types of employment not covered by Georgia Workers’ Compensation include Domestic servants, Farm laborers, Railroad common carriers, Sports officials (umpire, judge, linesman, scorekeeper, timekeeper, etc.), Licensed real estate salespersons with independent contractor agreements, Partners in a business, and Independent Contractors.

Georgia Workers Compensation does NOT apply to employers that do not have at least three employees operating in the same business within Georgia. These minimum three employees must be “regularly in service” within the state. The term “regularly” does not mean constantly or continuously, only that there is a routine practice by the employer to utilize three or more employees, even if that many employees are working on the date of an accident. In most situations your boss will count towards the three employee requirement.

Independent Contractors

Employers often do everything they can to classify their employees as independent contractors to protect themselves from having to pay workers’ compensation to their injured employees. There may be a debate as to whether you are in fact an independent contractor, but if you one, you are not entitled to workers’ compensation. While it can be complicated determining whether you are an employee or an independent contractor, below are some of the factors to look at in determining your status:

CONTRACT - Existence of an independent contractor agreement signed by the worker

PAY - An hourly or salaried worker is likely an employee. When a worker is paid on a per-job basis he may be viewed as an independent contractor.

TAXES - If an employer withholds taxes, the worker is more likely an employee. However, just because your wages are reported on 1099 tax form instead of a W-2, your employer has not automatically made you an independent contractor.

TYPE OF WORK - If the workers’ job is part of the regular business of the employer, rather than some additional service to the business, it would favor the employer/employee relationship.

JOB “TOOLS” - Who supplies the tools, supplies, or materials of the job? If the worker supplies all their own tools and materials it likely indicates an independent contractor relationship.

HOURS - If the employer controls a workers’ hours, it likely indicates an employment relationship.

OVERALL CONTROL - If the employer controls how a worker does their job, as opposed to simply requiring certain results, the worker is likely an employee. These “how” factors focus on the hours, manner, methods, and means of performing the work.

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Fitzgerald & Company would also like to take this opportunity to inform you of some changes and developments that occurred last year in immigration, and remind you of what actions you may be eligible to take currently in your path towards American citizenship. Please feel free to forward a link to this newsletter to anyone you know who may find immigration information useful. The Importance of Contacting your Representatives and Senators There have been several important events or developments in 2007 that are worthy of comment and should be of interest to anyone who is or who may be affected by immigration laws. In 2007 we had a Comprehensive Immigration Reform bill (proposal) rejected by the Senate, new restrictive Labor Certification regulations enacted, and the US presidential candidates have all stated that immigration policies are an important issue which may result in some imminent changes. Political figures are extremely responsive to public opinion, and for this reason, it is important that we let the representatives, senators and all political candidates and office-holders in our regions know that we need positive changes to ease the difficulties that so many immigrants face in the United States today. The names and telephone numbers of the U.S. Senators can be found at the following internet address: http://www.senate.gov/general/contact_information/ senators_cfm.cfm and the names of the congressman in your area are listed at this address: http://www.house.gov/writerep/ Proposed Immigration Reform Law On June 18, 2007 Senators Kennedy and McCain filed a bill in the US Senate that would have provided some relief to so many of the immigrants living in the US and to many of their family members abroad. The bill was rejected on June 28, 2007 by a vote of 46 (in favor / YES) to 53 (against / NO). Of the 46 senators that supported the bill 13 were Republicans and 33 were Democrats, and of the 53 senators that rejected the law 15 were Democrats and 38 were Republicans. The law would have included among its provisions the following: · A nonimmigrant Z-visa category for illegal aliens (and their families) who have been continuously physically present in the United States since January 1, 2007, and are: (1) employed and seek to continue working or (2) studying · Increased per-country-limits for family-based and employment-based immigrants and increased family-sponsored immigrant visas until backlogs are adjudicated · A merit-based immigrant evaluation system · Made the Conrad J-1 visa (foreign physicians in medically underserved areas) waiver program permanent · Revised student visa provisions respecting: (1) off campus work; (2) distance learning; (3) dual intent; and (4) graduate students in mathematics, engineering, natural sciences, or information technology, and · Revised H-1B visa (specialty occupation) provisions, including: (1) annual admissions cap increases; (2) employer requirements; (3) degree requirements; (4) merit-based extension of stay; and (5) government requirements. In addition to these positive sections there were some provisions of the proposal that would have been negative, such as restrictions on obtaining “green cards” in the US and new limitations on L1A visas for new companies; however, there would likely have been an over all positive result. LCA / PERM Restrictions On May 17, 2007, the Department of Labor (DOL) issued new regulations on the permanent labor certification program which included a “Prohibition on Substitution”, meaning that an LCA cannot be transferred from one potential employee to another. The DOL further stipulated a “Time Limitation” on an LCA’s validity (See 20 CFR part 656; 72 Fed. Reg. 29704 (May 17, 2007), requiring that once approved, an LCA must be “used” or filed in support of an I-140 (immigrant visa petition) within 180 days. Adjustment after EWI (Entry Without Inspection) or Overstay Title 8CFR 245.10 allows the spouse or child (including step children) of an individual who directly qualifies under the section 245(i) law to receive their green card in the U.S., even if they entered after Dec. 21, 2000 and the “relationship” was established after April 30, 2001. This is an important provision that merits a review to determine whether you may be eligible for a green card based upon your existing relationship with a family member who is a direct/primary beneficiary of 245(i). You may be 245 (i) eligible and not know it If you were ever included in an immigration application filed by April 30, 2001, and the application was abandoned or uncompleted for any reason (i.e. employment change, divorce, death of petitioner, etc.), you may still be 245(i) eligible, and as a result be eligible to start another immigration application. Please call our office for a consultation if you think this benefit may apply to you. Take Advantage of Opportunities As so many aspects of immigration are continuing to become more difficult and immigration application fees are dramatically increasing, we encourage you to take advantage of opportunities to file immigration and citizenship petitions promptly. We have prepared a chart to assist you in identifying the earliest filing elegibility date for a personal benefit and for a benefit on behalf of another person in your family. For example, if you are under a non-immigrant visa status you may be eligible to apply for a green card/residency. There are advantages of becoming a legal permanent resident, such as legally living, studying and working in the United States, being able to petition for residency for your spouse and unmarried children under 21, and being able to travel in and out of the U.S. Similarly, if you have been a legal permanent resident for 5 years (3 years in the case of a residency by marriage), you may be able to apply for citizenship. Being a citizen will grant you additional benefits, such as voting in government elections, being able to sponsor all immediate relatives for residency, obtaining a U.S. passport to travel, and remaining outside the U.S. without restrictions. Finally, if you are a citizen you may want to apply for a green card/residency for eligible family members. If you are eligible to apply for any immigration benefits, such as the ones listed on our chart, we advise you to do so as soon as possible in order to obtain or provide your family quicker access to the benefits of residency and citizenship. To find out more about these application processes and the types of documents that you need for filing these applications, please consult our website at: http://www.fitzgeraldlawcompany.com. We also have a very comprehensive frequently asked questions area which you may find very helpful. In our experience processing time for most immigration applications have lengthened overtime, and since it is hard to predict what future changes will happen in the law, we urge you to take immediate action with regard to filing them. You May Sue the USCIS in Certain Situations In the past year more individuals have filed actions in the US District Court to seek a resolution for a decision to a long delayed immigration petition or to have a poor or improper decision by the USCIS reviewed. This has been an effective vehicle to have a case promptly and correctly decided, and our office has been a leader in the development of innovative strategies doing this with much success. Recent congressional proposals have sought to eliminate this possibility, but they have been unsuccessful to date. What can you do? · Challenge USCIS processing delays in the US District Court, by bringing legal actions against them · Apply for immigration benefits for you and your family members as soon as the eligibility requirements are met (see attached chart) · Call and write to political representatives and candidates, and · Encourage others in your community and family to do the same. If you have any questions about how any of the items discussed here may impact you or your family, please do not hesitate to call our office and we will be glad to assist you. We request that you inform us of any changes in your contact information (address, email or telephone numbers—it is a duty to report these to immigration if you are not a U.S. citizen), or any changes to your individual situation (i.e. changes in marital status, employment, the birth of children, etc.), as it may provide for different immigration opportunities. Our immigration law firm, located in Boston, Massachusetts (USA) comprises a team of dedicated and client-oriented multi-lingual attorneys and paralegals.  We focus on immigration, criminal and personal injury matters.

A business is an organizational entity which is recognized legally and is intended to provide goods and/or services to the consumers. It’s run in a systematic and an organized manner with an expectation of earning profits for the owner. A Business is completely different from a hobby in a way that while in a business the losses are tax deductible, it is not so in a hobby.
There are several kinds of businesses. It could be a Sole Proprietorship, a Partnership, a Corporation, or a Limited Liability Company (LLC).
There could be several reasons as to why a business should hire a business lawyer. In case if a business is being investigated for securities fraud or if an injury has occurred to a customer on your premises or due to your products then you definitely would need a business lawyer. Otherwise also it is advisable to have a business lawyer associated with your business for reasons that might be not so obvious. For instance if you are planning on forming a particular type of business then a qualified business lawyer can easily assist you in averting a lot of legal issues that might arise due to such formations and can also advise you on the optimum business formation suited to your needs.
The business lawyers can assist with various kinds of business laws like formation and organization, finance and banking, transactional business law, sale and purchase of businesses and assets, debt recovery, intellectual property, information technology and internet and e-commerce laws etc.
The business lawyers are well experienced and work in synergy with the clients to ensure that all the legal matters are resolved quickly and cost effectively while keeping in mind the client’s requirements.

Dumping is, in general, a situation of international price discrimination, where the price of a product when sold to the importing country is less than the price of the same product when sold in the market of the exporting country. Anti- Dumping laws basically comprise the provisions that govern such practices. In the globalized economy, dumping is one of the most controversial issues and so are the anti-dumping laws.

This paper explores the evolution of anti- dumping laws and looks into the investigation procedure for establishing anti-dumping duties critically, in the process of taking a closer look at the debate that surrounds the actual need for such anti-dumping laws.

History
The origin of the anti-dumping legislation can be traced back to the 19th century, when the European sugar industries appealed to their respective governments for protection against sugar being dumped at unfairly low prices. In 1902, there was a formal agreement on anti-dumping. Canada adopted the first anti-dumping law in 1904, followed by the European countries and then the US in 1916. The US law, as modified in 1921, and the Canadian one, formed the basis for the original GATT article (Article VI of GATT) on anti-dumping in 1947. Subsequently, codes on anti dumping were developed during the Kennedy Round (1962-67) and Tokyo Round (1973-79). However, these were not binding on all GATT members; they were open to signature by those countries that wished to do so. They were plurilateral agreements, not multilateral ones. Unlike these, the Uruguay Round, (1986-94) anti-dumping agreement is a multilateral agreement binding on all GATT or WTO members.

GATT’s Take on Anti- Dumping
The GATT/WTO system does not prohibit dumping; for an action to be taken against dumping, in addition to establishing that goods are being exported at lower than its normal value, it is required to establish that there has been an injury to the domestic market. It is only when a causal link between the act of dumping and the act of injury is established, that the anti-dumping duties can be imposed. An anti-dumping investigation can be started only if there is a written complaint on behalf of the domestic industry. This complaint can be considered if a significant share of the domestic producers supports the complaint. Unsubstantiated complaints must be rejected. Investigation will be terminated, if the margin of dumping is de menimis, i.e. less than 2% of the export price. Investigations will also be ceased if the volume of dumped imports from any country accounts for less than 3% market share of imports of the like product in the importing country.

All this has to be done within the rules of multilateral trading system that requires that anti-dumping investigations be conducted with the due cognizance taken of the principles of “due process” i.e. in a transparent, objective and equitable way, with all interested parties given adequate opportunity to defend their interests.

The WTO website has a synopsis of the anti-dumping agreement and highlights its plus points. However, there are plenty of minuses:
1. There is bit of arbitrariness in determining what is “like” product. What when there are no similar products sold in the domestic market?

2. The domestic sales price can be considered only if it is “in the ordinary course of trade”. Thus low prices charged for sales in the domestic market can be ignored on grounds of these not being regular transactions and, therefore, not in the ordinary course of trade. This serves to boost up the domestic sales price and makes it easier to prove dumping.

3. If the normal value is constructed, there are complicated cost calculations and allocations to be made, for instance, between sales in the domestic market and the export market. Arbitrariness steps in especially when there is a conflict between accounting practices in the exporting country and the importing country. This is so because investigating authorities typically follow accounting practices of the importing country.

4. Comparison of the export price and sales price in the domestic market requires exchange rate, conversions, and exchange rate fluctuations can influence such comparison. The agreement stipulates that the exchange rate on the date of sale should be considered. But the date of sale can be the date of contract, purchase order, order conformation or date of invoice, and depending on which is chosen, comparisons may differ.

5. The agreement is unclear about whether the amount of anti-dumping duty should be equal to the margin of dumping or less.

6. Anti-dumping duties are product and source specific. They can, therefore be circumvented by changing the customs tariff classification, by slightly altering the goods or competing a part of production process in the country of import or a third country. The anti-dumping agreement is silent on such circumvention.

Given the present provisions of the anti-dumping agreement and the clauses that allow subjectivity, it is the easiest thing in the world to prove dumping, especially against the developing countries.

The Government of India had proposed in the 1999 newsletter of the Ministry of Commerce that there must be special and different treatment for developing countries. The de-minimis margin must be increased for developing countries and so must the figure for ‘negligible’ from developing countries. If investigations are to be launched against developing countries, the percentage of domestic industries that supports the application must be increased. The lesser duty rule must be followed.

The Debate
Supporters of such laws are in favour of anti- dumping action being initiated against an exporting nation because, according to them, various distortions in foreign markets, namely trade barriers, monopoly or collusion, government subsidies, and certain exit barriers that prevent loss making businesses from reducing capacity or going out of business allow foreign producers to charge lower prices in export markets than would otherwise be possible. Anti dumping provisions help in maintaining a check on such unfair import competition. Secondly, it is further put forward that anti- dumping laws ensure level playing field by offsetting artificial sources of competitive advantage. It is alleged that anti-dumping duties, by making up the difference between dumped prices and “normal value” extinguish the foreign producer’s artificial advantage and put the domestic industry back on an equal footing. It is also contended that such laws benefit the domestic industry.

Anti-dumping laws, contrary to the claims of its supporters, penalize foreign producers for engaging in commercial practices that are perfectly legal and unexceptionable when engaged in by domestic companies. Such discrimination against foreign firms, in reality creates an unlevel playing field for imports. Secondly, economists are finding it difficult to justify any economic benefit as such or a rational behind anti-dumping duties. Even the consumer organizations criticize it on the ground that it deprives the consumers from benefits such as choice of products and cost advantages.

Conclusion
The anti-dumping agreement is violative of basic free trade principles and needs to be scrapped. On balance, developed countries have lost comparative advantage in goods and have become more protectionists. Conversely, developing countries stand to benefit from greater liberalization and opening up. This scrapping should not, however be interpreted as a simple repeal of Article VI. In the absence of Article VI, member countries will have the freedom to adopt whatever rules they desire on anti-dumping and such unilateral action is undesirable. Instead, Article VI needs to be disciplined and linked up to tests for predatory intent through competition policy provisions.

While Indian producers of import substitutes tend to lose if anti-dumping action is waived, welfare gains to users will be more than proportionate. In addition Indian exporters will benefit from removal of non-tariff barriers that anti-dumping investigations amount to. This is the reason why developing countries like India should advocate scrapping of the Anti-Dumping Agreement.

Identity thieves are becoming more sophisticated with every passing day. Don’t wait until it’s too late. Identity theft can happen anywhere to anyone. In line at the store, online at home or when you’re buying your morning coffee. Identity theft is one of the most common problems that people face today. Any of your personal information can be used to commit the crime.

Identity theft-protection company Lifelock is in the news this morning. The company, headed by CEO Todd Davis, is known for its challenge ad (reproduced below) which has been running for a couple of years. Identity theft can happen anytime, anywhere, to anyone. Identity fraud has become a huge concern in today’s new age and even though precautions have been taken to correct the situation there has not been much success. In the US approximately 120 million citizens had their private records exposed in the last three years causing approximately 27 million Americans to become identity theft victims.

Identity theft in the most extreme cases allows people to get insurance in your name, open false bank accounts and even can provide a cover when arrested for other crimes. Ident-A-Kid’s Immediate Response Card systems utilize an extremely fast digital data acquisition system. A complete profile of each child, including fingerprint, photograph, height and weight, is acquired in less than 15 seconds. Identity theft is the most rapidly growing crime in the world. It’s now bringing in more money than drug trafficking.

Credit

Credit card fraud is the most common form of ‘identity theft.’ It threatens no liability and only a little bit of inconvenience to most consumers in the United States - consumers that are prudent, anyway. And I’ve never understood what these services would or could do to prevent or mitigate a true impersonation fraud. Credit card companies still sent actual credit cards in their pre-approval mailings and one was stolen out of my mailbox. A year later, I received a collection notice that over $2000 was charged at a retailer blocks away from my home. Credit card fraud is often confused for identity theft because of those clever commercials with the funny voice-overs but it’s really a walk in the park compared to identity theft. It won’t take just a few phone calls to clear it up either.

Credit monitoring is an afterthought. What credit monitoring is, is selling you your own data.

Credit Fraud

In the long run, credit fraud consistently hurts all of us. No one is totally absorbing these costs by themselves. They continually get passed on to the consumers. There are several fraud alert mechanisms that ensure that creditors notify you and verify your identity before any new line of credit is opened in your name. One of today’s most common mechanisms is the new and famous LifeLock.

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