Today in Law

Prolift injuries have led to thousands of women suffering from chronic neuromuscular problems including pudendal and obturator neuralgia.

SANTA BARBARA, CALIFORNIA, UNITED STATES, April 20, 2019 /EINPresswire.com/ — Pelvic organ prolapse was surgically treated in thousands of women with the Prolift device marketed by Ethicon, Inc. despite a lack of long-term follow up studies regarding safety. The results are foreseeable as now there are thousands of women with chronic neuromuscular problems including hip adductor myalgia (groin pain), pudendal neuralgia, obturator neuralgia, and complex regional pain syndrome.

The Prolift device used for anterior compartment repair is different compared to the Pinnacle and Uphold devices produced by Boston Scientific, Inc. used for anterior prolapse in that the four arms of the Prolift that anchor the device are placed through the obturator membrane and pierce the hip adductor muscles and the obturator internis muscle. This will cause chronic hip adductor myalgia, but overtime may cause catastrophic pain syndrome from nerve damage. The Boston Scientific devices Pinnacle and Uphold device implant directly into the sacrospinous ligament which tend to cause acute or direct pudendal nerve injuries because the pudendal nerve runs adjacent to or behind the sacrospinous ligament.

Dr. Greg Vigna, practicing physician, national pharmaceutical injury attorney, and damages expert states, "The clinical outcomes from the Prolift is foreseeable by their design and have played out in the literature in that there may be anatomic success with supporting prolapsed organs. The neuromuscular injuries are numerous."

Dr. Marc Possover, world authority on mesh related neurological complications in Europe, in 2011 published an observational study of 95 patients who presented to him with neurological issues from prolapse surgery. Five patients presented with pudendal neuralgia from pudendal nerve injury from transobturator slings and these patients presented with delayed pain, months to years after implantation. Similarly, complications from the Prolift were related to injuries to the sacral plexus and/or obturator nerve, along with pudendal pain, with 11 out of 13 patients with delayed onset of pain.

Dr. Vigna states, “I have concerns that women with the Prolift and the transobturator sling devices have had severe pain in the hips related to hip adductor myalgia for years from direct muscle damage and when their pain changes as the device contracts pulling on nerves causing injuries such as pudendal neuralgia and/or obturator neuralgia, they are not being diagnosed and treated appropriately. Future care for hip adductor myalgia is oral medications and physical therapy, in contrast to nerve related complications that require complete mesh removal, decompressive nerve surgery, neuromodulation, physical therapy, and Botox."

For more information related to pelvic organ prolapse, visit the following resources:
https://pudendalportal.lifecare123.com
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3862040/
https://www.ncbi.nlm.nih.gov/pubmed/21979388

Greg Vigna
Greg Vigna, M.D., J.D.
+1 800-761-9206
email us here

Source: EIN Presswire

Tokenomica

Tokenomica has launched its new Digital Assets Exchange, which combines the best features of both centralized and decentralized exchanges.

TRIQ TAZ-ZWEJT, SAN GWANN, MALTA, April 19, 2019 /EINPresswire.com/ — Tokenomica has launched its new Digital Assets Exchange, which combines the best features of both centralized and decentralized exchanges, making it the first decentralized trading platform operating in a fully regulated environment. The product includes: decentralized execution and settlement; centralized client acceptance; centralized asset quality assurance and centralized custody of fiat; and hybrid custody of crypto assets.

The Digital Assets Exchange uses the latest advancements based on proven technology, Waves DEX, and centered on Smart Accounts and Smart Assets. Waves DEX has proven itself to be one of the safest exchanges on the market. We have taken the technology and made several important improvements.

“It's ironic that, while one of the key advantages of cryptocurrencies and the blockchain as the underlying technology behind them is decentralization, most of crypto exchanges on the market are completely centralized. Decentralized exchanges solve most of the problems of traditional exchanges. Lack of relevant regulation is the main stumbling block for their emergence ”, said Artem Tolkachev, Tokenomica’s Founder and CEO. “When we first thought about building our own exchange, we wanted to combine the best that both centralized and decentralized exchanges provide. We are very proud to be the first ones to launch a DEX within a regulated environment on the market”.

About Tokenomica
Tokenomica is a platform for issuing and trading security tokens and providing investors with the ability to invest in fiat and crypto. It was built with one purpose in mind: to be the new wave of digital finance. Tokenomica combines the best of two worlds: the most advanced technology based on a decentralized exchange and the quality checks on clients and on the assets themselves which is achieved by compliance with regulation. Team’s vision is to build an infrastructural financial platform that would allow users to invest in quality digital assets using both classic and crypto investment tools, combining the best elements of traditional financial markets and technology: protection of the investors and simplified trading mechanisms. The goal is to be the world's first true Ecosystem for Security Token Offerings and trading mechanism, by disrupting the current way digital finance is being conducted. Moreover, we want to make a positive impact on the global financial landscape by providing best in class products and services.

Tokenomica Contact:
Roman Zak
Chief Marketing Officer
rz@tokenomica.com
http://www.tokenomica.com

Roman Zak
Tokenomica
+ +1 7025828333
email us here

Source: EIN Presswire

Lawsuit: Management discriminated against an employee over her disability, religion

SAN DIEGO, CALIFORNIA, USA, April 18, 2019 /EINPresswire.com/ — Hummus maker Sabra Dipping Co. regularly violated wage and hour laws and retaliated against a woman who complained of discrimination based on her age, disability and religion, according to a new lawsuit.

The lawsuit seeks class action status for hundreds of factory employees, accusing Sabra Dipping Co. with failing to correctly pay workers for time worked and overtime; making employees skip, shorten, or be on-call during meal and break periods without paying the state-mandated premium for doing so; and failing to keep accurate records of hours worked and earned vacation hours.

A Sabra manager named in the lawsuit is accused of harassment, discrimination and retaliation in the January 2018 wrongful firing of Laura Ochoa. First hired in July 2014, Ochoa developed respiratory problems in 2016 and 2017, requiring hospitalization. Ochoa’s doctor determined that her illness stemmed from using non-OSHA compliant masks issued by Sabra for the factory workers, according to the lawsuit.

When she alerted manager Sergio Sandoval, he told her she was lucky to have work, then reassigned her to a refrigerated area of the factory, the lawsuit said. This further aggravated her respiratory illness and eventually forced her to go out on disability. She was fired while on disability leave, the lawsuit said.

In addition to the disability discrimination, Ochoa, who is over 40 and a Jehovah’s Witness, “was constantly ridiculed by her supervisors and peers because of her age and religion,” according to the lawsuit. Harassment included being told she was too old to be driving, being told that only “‘crazy people’ belonged to her religion, and asked if she was “trying to recruit more crazy people into her cult…” Sabra managers failed to investigate her complaints about this discriminatory treatment, according to the lawsuit.

“Large corporations such as Sabra should be held accountable for their unfair and unscrupulous employment practices, which aim to take advantage of employees who fear they’ll be fired or be subjected to retaliation for speaking up,” said Attorney Kamran Shahabi, who specializes in employment law as managing partner at Valiant Law of Ontario, Calif. “Sabra and its managers threatened employees with discipline and termination if they resisted their illegal actions, but Ms. Ochoa had the courage to stand against Sabra and fight for justice for not only herself but for the other hardworking and vulnerable laborers at Sabra.”

The lawsuit was filed Jan. 18 in Los Angeles Superior Court but has since been transferred to San Diego County Superior Court for the convenience of all parties involved. Ochoa worked exclusively at Sabra’s Oceanside, California facility, located in San Diego County. The lawsuit names Ochoa as the plaintiff but claims as many as 250 other hourly employees also were subject to the same wage-law violations. Sabra Dipping Co. is based in White Plains, N.Y., with multiple manufacturing plants across the country.

Valiant Law represents various individuals and entities in all aspects of employment claims, including harassment and discrimination, and wage and hour class actions in state and federal courts. With over a decade of legal practice in Southern California, including the Inland Empire, Los Angeles, Orange County, Riverside, San Diego County, as well as Las Vegas.

Robert Frank
Newsroom Public Relations
206-790-6324
email us here

Source: EIN Presswire

Secure Channels Launches Desktop Encryption Utility ZIPcrypt™ featuring XOTIC™ extreme encryption technology and all-new “dialable” cipher-strength

UNITED STATES, April 18, 2019 /EINPresswire.com/ — IRVINE, CALIF. (April 17, 2019) – Secure Channels Inc., a provider of innovative security solutions, announced today the launch of ZIPcrypt™, an easy-to-use desktop utility that encrypts and decrypts files or folders with a simple right-click.

The ZIPcrypt™ application (utility) is designed for simplicity and to be immediately familiar to those who already use WinZip, WinRAR, or other shell-integrated compression utilities. ZIPcrypt™ presents the option to perform encryption using the widely popular AES-256 standard, as well as the more powerful, ground-breaking new encryption technology known as XOTIC™.

The XOTIC™ encryption format allows for unprecedented direct control over encryption strength using a simple “dial” feature that resembles a stereo volume control knob. XOTIC™ encryption strength ranges from 512 bits of security (known as “post-quantum” strength), all the way up to an eye-popping 131,072 bit, which can only be described as “archive strength”.

ZIPcrypt™ follows the popular “Freemium” model, making it always free to use for basic file and folder ZIP compression with encryption. Users can also opt-in to engage a free-trial of SCIFCOM™. Enabling SCIFCOM™ fully unlocks the potential of ZIPcrypt™, allowing for maximum encryption dial-settings and direct inline integration of the SCIFCOM™ online file-sharing service. The file-sharing feature includes the ability to directly send jumbo sized (extra-large) files securely over the internet via SCIFCOM.

SCIFCOM™ file-sharing utilizes the powerful SCIFCOM™ (as-a-service) website and robust cloud storage options to transmit files anywhere on earth. Recipients of encrypted files receive a link via email whereby encrypted data can be downloaded from the cloud, and encryption keys are handled separately and securely by SCIFCOM.

The minimal and elegant design of ZIPcrypt™ along with robust features for sharing files remotely presents an attractive and powerful alternative to DropBox.com. ZIPcrypt™ combines the ability to securely encrypt, store, and send data with ease.

(For a full list of SCIFCOM features, please visit http://beta.scifcom.com)

"Encryption is difficult and expensive, so it's not utilized by very many organizations," said Richard Blech, Chief Executive Officer of Secure Channels Inc. "With ZIPcrypt™ we built a minimalistic yet powerful utility that's exceedingly simple to use and provides users with important capabilities for their own security. These include local file and folder encryption (with ZIP compression) and send-a-file using the online SCIFCOM encryption as-a-service platform. We're excited to offer our first encryption-as-a-service platform and expect rapid adoption due to our combined ease of use and the benefits of encrypted protection. "

ZIPcrypt™ solves one of the most troublesome problems in the world today; the ability to send files safely while still remaining extremely simple to use. "We wanted to create something weightless that won't impact the user experience," said Michael Feinberg, Chief Information Officer of Secure Channels Inc.

For more information about Secure Channels' solutions, visit www.securechannels.com.

About Secure Channels Inc.
Secure Channels Inc. offers innovative, agile security solutions designed to seamlessly integrate with organizations' existing solutions. Agnostic by nature, solutions customize to user environments without compromising protection. Our mission is to help organizations make the most of their active security tools used for authentication and data protection, while providing a cost and performance effective solution to address the ever-increasing security challenges organizations face today. For more information, visit www.securechannels.com.

Contact
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Source: EIN Presswire

Frank Lauletta, Attorney Profile at solomonlawguild.com

Lauletta Birnbaum presents at Career Days (Frank Lauletta, attorney)

Office of Lauletta Birnbaum in New Jersey (Frank Lauletta, attorney)

Frank Lauletta, Partner at the Law Firm Lauletta Birnbaum

Lauletta Birnbaum, Attorney Frank A. Lauletta

In real estate acquisitions, buyers sometimes buy the property with an existing tenant. Attorney Frank Lauletta discusses a recent appellate case in this regard

Lauletta Birnbaum LLC (N/A:N/A)

SEWELL, NEW JERSEY, UNITED STATES, April 18, 2019 /EINPresswire.com/ — Business Attorney Frank A. Lauletta published a comment of interest to real estate investors acquiring property with existing tenants. While this is an Illinois case, the issue could have implications in other states as well. In 1002 E. 87th Street, LLC v. Midway Broadcasting Corp, a decision from the Appellate Court of Illinois, the Court ruled on whether unpaid rent that accrued prior to the purchase by a new landlord can be collected by the new landlord afterwards. The Midway Court answered in the negative, holding that the new landlord had no standing to sue for rent that accrued before the purchase. The comment will be published in full on the Blog of Mr. Lauletta at https://franklaulettablog.blogspot.com/

As the Court put it, “[t]he facts are relatively simple. Midway operated a radio station at 1002 E. 87th Street, Chicago, leasing the space from Jeff BV Commercial, LLC (Jeff BV). Melody Spann Cooper and Pierre Cooper signed the lease as guarantors. Jeff BV sold the property to Glass Management Services, Inc., which then sold it to 1002 E. 87th Street, LLC. The lease provides that Midway will pay rent ‘without abatement, demand, deduction or offset whatsoever.’ The lease also indicates that the landlord ‘shall include the party named as such in the first paragraph thereof, its representatives, assigns and successors in title to the Premises.’ When an original owner conveys the property, the ‘[t]enant agrees to attorn to such new owner.’ This section further specifies that, when the original landlord conveys the property, all liabilities and obligations ‘accrued thereafter are terminated’ and all liabilities and obligations of the original landlord ‘shall be binding upon the new owner.’”

After the sale of the property to the new landlord, the tenants sent the monthly rent to the new landlord. The new landlord rejected the rent and demanded all the back owed rent that accrued prior to the purchase. The trial court granted the tenant’s motion to dismiss for lack of standing and granted it attorney’s fees. The landlord appealed.
The appellate court noted the respective parties’ arguments. “87th Street contends the lease established its standing. 87th Street claims the lease entitles it to demand strict compliance with the past due rent provision. 87th Street also claims rent accrual is a chose in action and, thus, freely assignable. Midway counters that 87th Street only has standing to sue for rent that comes due after it became the landlord, and not for past due rent that accrued before then. Additionally, Midway counters that rent in arrears is a chose in action that is not assignable to a new property owner.”

The Court explained that “[i]n general, a landlord has standing to sue for unpaid rent. If a landlord conveys property by warranty deed without reserving any rights, he or she also conveys the leases for the property, as well as the right to receive unaccrued rent. If a tenant fails to pay rent that becomes due, the new landlord has standing to sue for it. But the new landlord does not have a right to recover rent due from before it owned the property. The original landlord retains any right to recover past due rent.” (internal citations omitted).

Midway Court noted that “87th Street contends that it has standing to sue under the provision in the lease providing, ‘[n]o failure of landlord to exercise any power *** or to insist upon strict compliance *** and no custom or practice of the parties *** shall constitute a waiver of Landlord’s right to demand exact compliance with the terms.’ 87th Street believes that, as landlord, it can enforce the lease through this nonwaiver clause, regardless of Jeff BV’s action or inaction. 87th Street also asserts that Jeff BV’s inaction does not prevent 87th Street from demanding exact compliance with the lease.” The Court held, however, that “a demand for exact compliance with the lease does not include a nonexistent right to collect rent due before it owned the property. 87th Street cites no cases, and we have found none, stating that a new owner can use a nonwaiver clause to enforce a tenant’s obligations to a previous owner.”
The case highlights the need for prospective real estate buyers to ensure that they understand the implications of the contractual provisions as well as potential tenant rights and claims and to ensure that the contract addresses the desired outcomes. In this case the buyer failed to include a provision that it was buying the accounts receivable (i.e., past due rent) and paying consideration therefor. Furthermore, the buyer was not aware of preexisting tenant claims since it failed to require a tenant estoppel letter prior to closing requiring the tenant to explain any claims or defenses it had or be “estopped” from claiming them later.

The case is 1002 E. 87th Street, LLC v. Midway Broadcasting Corp., Docket No. 1-17-1691, available at http://www.illinoiscourts.gov/Opinions/AppellateCourt/2018/1stDistrict/1171691.pdf

About Frank A. Lauletta, business attorney

Frank Lauletta is an experienced corporate attorney who has many years of “hands on” experience in private and public companies. His practice focuses heavily on representing and counseling a broad array of companies in corporate transactions such as venture capital, corporate finance, and mergers and acquisitions.

Bio on law firm website: http://lauletta.com/our-lawyers/frank-a-lauletta/
Attorney Profile: https://solomonlawguild.com/frank-a-lauletta
Blog of Frank Lauletta: https://franklaulettablog.blogspot.com/
LinkedIn Profile: https://www.linkedin.com/in/frank-lauletta-9143a82/
Law Directory: http://www.legaldirectories.com/Lauletta-Frank-A-III-245514-Atty.aspx
Article about the law firm’s office space: https://www.bizjournals.com/philadelphia/news/2016/10/24/cool-offices-lauletta-birnbaum-law-firm-sewell-nj.html
News: https://hype.news/frank-a-lauletta-attorney-at-law/

Caitlin Mattera
Lauletta Birnbaum
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Fox Business: Should you invest in commercial real estate in 2019?

Source: EIN Presswire

Richard Kranitz, attorney and business coach in Wisconsin

Lawyer Richard A Kranitz, Wisconsin

Lawyer Richard A Kranitz, Grafton, Wisconsin

Attorney Richard A Kranitz, Grafton, Wisconsin

Attorney Richard A Kranitz, Wisconsin

A new article by business attorney & coach Richard A. Kranitz explains the importance of having a written retainer agreement with your lawyer.

Office of Richard A. Kranitz (N/A:N/A)

GRAFTON, WISCONSIN, UNITED STATES, April 18, 2019 /EINPresswire.com/ — Whether you are facing a lawsuit in the court, going through a divorce, starting a new business or partnering with someone, writing a will, or buying a new property; anything that involves preparing legal documents or defending yourself in the court requires you to hire a lawyer. Hiring an attorney ensures that you do not fall prey to any scam, do something wrong or illegal, and your interests are best represented. Hiring a lawyer, however, is a little different from hiring any other service provider. In many cases, clients are asked to pay retainer fee by the lawyers before they start working with them.

Business Attorney Richard A. Kranitz explains in a newly published article. The full article will be published on the Blog of Mr. Kranitz at https://richardkranitzblog.blogspot.com/

What Is a Retainer Fee?

A retainer fee, or simply retainer, is the amount of money paid in advance to lawyers by their clients (people who need legal help from them). Lawyers usually ask for a retainer to be paid before they start working with a client to ensure that the person is serious about hiring them and would not disappear once the lawyer starts working on that particular case. On the other hand, it also assures the client that the lawyer would not withdraw from a case, while it is in process. In simple words, it is an agreement that ensures commitment from both the client and the lawyer for the specific period of the case.

Retainers are usually non-refundable, which means you cannot ask the lawyer to pay back your money even if you lose a case or decide to hire a different lawyer after some time. While some freelance professionals have now started asking for retainers, the concept is only prevalent in the legal system.

Why You Should Sign a Written Retainer Agreement With Your Lawyer

As mentioned earlier, the retainer is basically an agreement between a client and their lawyer. Both parties agree to work with each other and accept each other’s conditions or requirements. Many people do not deem it necessary to have written contracts with their lawyers because the decision to hire a lawyer itself is an indication of the person’s trust. But, just like any other contract, it is only wise to have the retainer agreement in the written form.

Signing a legal agreement with the person you are hiring to get legal help – perplexing, right? Here are a few reasons why it is important:

* To Set Clear Terms of Agreements
Just because you are working with a lawyer doesn’t mean there cannot be any disagreement, confusion, misunderstanding, or disputes. A written retainer ensures that all the terms of the agreement, like the purpose you are hiring the lawyer for, the amount of money you are required to pay, how you will be charged for the services, and what services the lawyer will provide, are clear, understood and agreed upon by both the parties. Verbal agreements are unreliable and have no legal value. You cannot hold someone accountable for violating the terms of an agreement unless you have a written legal document as proof. Signing a written retainer agreement with your lawyer helps to avoid all these problems.

* To Prevent Violation
Verbal or non-written retainer agreements can be violated in many ways. Some of the possible scenarios that can arise are:
* In most cases, a lawyer is bound to place the retainer fee in a separate account and cannot withdraw it at once. Failure of the lawyer to comply with this condition is considered a violation of the retainer agreement, but you may not be able to do anything about it in the absence of a written agreement.
* Using the money that is reserved for legal tasks throughout the case for personal purposes by the lawyer is also a violation of the contract.

* Problems or disagreements over the amount or terms of payment.
A written retainer agreement empowers both the lawyer and the client to hold each other accountable for any violation. For example, if the client suffers from a loss due to the misuse of retainer fee by the lawyer, having a written agreement will ensure that the lawyer will be subjected to pay a damages award to the client.

No matter what you are hiring an attorney for, make sure to sign a written retainer agreement, advises Richard Kranitz.

About Richard A. Kranitz

Richard Kranitz is an experienced attorney and business consultant in the areas of corporate, securities and tax planning for corporations, partnerships, joint ventures, limited liability companies, multi-unit enterprises, and a variety of different non-profit entities. In addition, he has counseled their owners and executives in compensation planning, estate plans, and asset protection.

Website: https://advicoach.com/rkranitz/
LinkedIn Profile: https://www.linkedin.com/in/richard-kranitz-63684b
Facebook: https://www.facebook.com/richard.kranitz.50
Attorney Profile: https://solomonlawguild.com/richard-a-kranitz-esq
Blog: https://richardkranitzblog.blogspot.com/
News at: https://hype.news/attorney-richard-a-kranitz/n-16281b97-6a6a-4de2-be3e-796f2da08677/stories

Richard A. Kranitz, Esq.
Richard A. Kranitz, Esq.
+1 262-375-0625
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How Smart Contracts Will Change the World | Olga Mack | TEDxSanFrancisco

Source: EIN Presswire

Janie Got Her Gun! At 18, She Couldn't Buy a Beer in Denver, But Her Tender Age Was Okay For Buying the Shotgun She Fatally Turned On Herself!

LOS ANGELES, CA, USA, April 18, 2019 /EINPresswire.com/ — Janie Got Her Gun! Florida Teen Flies To Colorado, Infatuated by the Columbine High School Shootings of 1999, Buys a Shotgun and Fatally Shoots Herself

Dr.James E. Shaw, author of the landmark, media-heralded book, Jack and Jill, Why They Kill: Saving Our Children, Saving Ourselves, says he was stunned to hear of the tragic death of 18-year old Sol Pais, "Who wasn't even born when the unspeakably horrid Columbine shootings occurred in 1999." Shaw was one of the invited keynote speakers at the first Columbine High School commemorative ceremony, in 2000. He says, "School leaders and the communities they serve have, with the nonstop support of law enforcement, made tremendous school safety advances all across the country…and all the time." Shaw shakes his head, frowns and asks, "How is it that enlightenment about selling guns to children has not fully occurred? The Florida teenager, Sol Pais, wasn't even the legal age of 21 for buying beer in Colorado, yet she was able to easily buy a shotgun and ammunition within minutes of her plane's landing in Denver."

"Jack and Jill, Why They Kill," Shaw's book, has been hailed, on CNN, as the "smart answer for today's troubled times." Shaw spent four years inside state youth prisons, interviewing girls and boys incarcerated for having committed murder and homicide. His pioneering in-person research broke ground in an area that school leaders were only then beginning to understand. "Going to school can be hazardous to children's health," Shaw says. He praises the Jefferson County school superintendent for "his sharp instincts that drove the closing of every school in the district and locking out potential student threatners." Shaw adds: "Dr. Jason Glass stopped Jeffco's school yards from being turned–by a gun-wielding, depressed, disoriented, and disillusioned child–into grave yards."

"Jack and Jill, Why They Kill" is the outgrowth of Shaw's research inside state youth prisons that earned him a Ph.D. degree from the Claremont Graduate University, as well as Phi Delta Kappa's "Best Dissertation of the Year" award. Shaw says he is grateful to media organizations for "their constant invitations to me to be a guest expert in TV and radio on-air discussions about school safety, campus threatners, bullying, and the constant need to work cooperatively and collaboratively with local law enforcement to ensure maximum safety for everyone in the school community." Shaw says that Sol Pais "utter failure in the execution" of her purported plans to arrive at Columbine High School with her newly-purchased and loaded shotgun, "Spared the lives of others she might have encountered."

In addition to being on the Panel of Experts of the Los Angeles Superior Court, since 2003, Shaw continues to research and write, and occasionally teaches in the doctoral programs of professional schools of Psychology, such as the Chicago School of Professional Psychology and the California Southern University School of Behavioral Sciences. He is also a public speaker represented by the Jodi Solomon Speakers Bureau, Boston, MA. "Jack and Jill, Why They Kill" is available at Amazon.com, and is used in colleges and universities and police academies nationwide.

James E. Shaw
Litigation Support and Testimony
+1 310-678-6950
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Source: EIN Presswire

Website of Business Consultant Cyrus Batchan, California

Cyrus Batchan, article in VoyageLA about restaurant endeavors

Cyrus Batchan, photograph by VoyageLA

Nightshade Restaurant, Cyrus Batchan (Photo by Eater Los Angeles, Wonho Frank Lee)

Cyrus Batchan in California, Business Consultant Sherman Oaks

The update to the California Equal Pay Act is of importance to the hospitality industry, explains business consultant Cyrus L. Batchan

Cyrus Batchan Business Consulting (N/A:N/A)

SHERMAN OAKS, CALIFORNIA, UNITED STATES, April 17, 2019 /EINPresswire.com/ — In a new article, hospitality consultant Cyrus L. Batchan discusses California requirements for equal pay and other salary issues. The complete article will be available on Mr. Batchan’s blog at https://cyrusbatchan.blogspot.com/

The California Equal Pay Act has been in force since 1949, prohibiting employers from paying employees who perform the same work different wages based on the employee’s gender. Despite the law, however, female workers’ wages continue to stagnate behind their male co-workers, estimated at 80% of the male co-workers’ wages. As such, California legislature has continued to pass legislative initiatives and updates aimed at remedying this disparity.

One law aimed at addressing wage disparity is the prohibition against employers asking applicants about their salary history. Furthermore, the law also prohibits employers from using salary history in making hiring decisions. It does not, however, restrict employees from volunteering their salary history without prompting from the employer and the employer considering such history in setting the employee’s salary once volunteered. Still, such history cannot be the sole factor in disparity between male and female co-workers.

One of the provisions of the California Equal Pay Act received further clarification with a recent legislative update. The law required employers to provide a pay scale for the position sought to an applicant upon reasonable request. Previously, the key terms such as “applicant” and “reasonable request” were undefined by the statute. A recent update has provided definition for these terms. “Applicant” is defined as “an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position.” “Reasonable request” is defined as a “request made after an applicant has completed an initial interview with the employer.”

There are certain acceptable reasons for disparity in pay. For example, employers may pay similarly situated employees differently based on seniority or merit system. Different pay may also be justified on quantity or quality of work. There is also the broad catch-all of a “bona fide factor other than sex, race, or ethnicity.” Employer relying on such bona fide factor would have to show some reasonable basis for disparity in pay based on business necessity. Also, employers may not prohibit employees from discussing their salary amongst themselves.

With continued focus on pay equality, entrepreneurs will have to ensure their pay structure and hiring practices comply with relevant state and federal requirements, notes Cyrus Batchan.

*** Cyrus Leon Batchan is a business consultant in Sherman Oaks, California. He has significant “hands on” experience with hospitality businesses. Currently, he is involved in the hospitality businesses Lock & Key, Nightshade, Skylight Nha Trang, and East-West Brewery (as Advisor). Mr. Batchan grew up in a restaurant family and worked every job from dishwasher, cook, delivery driver to bartender. Initially, he managed an investment fund developing real estates all throughout the greater Los Angeles Area. In 2013, he opened Lock & Key, an upscale lounge, in Los Angeles. Most recently, he has been involved in Nightshade, the first restaurant for Top Chef winner Mei Lin along with partner Francis Miranda of N°8. The expansive space, which goes into the former Cerveteca, will feature a pan-Asian menu infused with modern touches and California sensibilities, with Lin herself calling the experience “fine food in a casual setting.” Think fine dining touches and plating with flavor influences from Italy, Japan, and China.

https://cyrusbatchan.us
https://cyrusbatchan.blogspot.com/
https://nightshadela.com/
https://la.eater.com/2018/12/17/18145019/los-angeles-restaurant-openings-2019
https://la.eater.com/2018/12/20/18150455/nightshade-mei-lin-arts-district-restaurant-los-angeles-opening-photos
https://www.tastethedram.com/single-post/2017/03/13/lock-and-key/
https://hype.news/cyrus-batchan/
https://solomonlawguild.com/cyrus-batchan
https://www.linkedin.com/in/cyrus-batchan-a53916168 chan-a53916168

Cyrus Leon Batchan
Office of Cyrus Leon Batchan, Business Consulting
+1 424-253-5608
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Lock and Key, Guest Bartender Night

Source: EIN Presswire

Logo of The Avery Law Firm, Michael Avery, Virginia

Michael Avery, attorney in Fairfax, Virginia

Michael L Avery Sr, lawyer in Fairfax, Virginia

Michael L Avery, attorney Fairfax, Virginia

Office of lawyer Michael Avery in Virginia

A recent Virginia case reviewed whether employers have a duty to warn employees about exposing their family members to asbestos carried home from the workplace.

The Avery Law Firm (N/A:N/A)

FAIRFAX, VIRGINIA, UNITED STATES, April 17, 2019 /EINPresswire.com/ — Recently, the Virginia Supreme Court reviewed whether employers have a duty to exercise reasonable care to warn employees against exposing their family members to asbestos carried home from the workplace. Attorney Michael Avery, provides his review of this case in a new article that is available on his blog, https://michaelaveryesq.law.blog

Quisenberry case was a result of a certification of question from the United States District Court for the Eastern District of Virginia for the following question: "Does an employer owe a duty of care to the family member of an employee who alleges exposure to asbestos from the work clothes of the employee, where such exposure takes place off of the employer’s premises and the employer has no relationship with the family member?"

Virginia Supreme Court restated the question as follows: "Does an employer owe a duty of care to an employee’s family member who alleges exposure to asbestos from the work clothes of an employee, where the family member alleges the employer’s negligence allowed asbestos fibers to be regularly transported away from the place of employment to the employee’s home?"

The case stems from the death of Wanda Quisenberry, who passed away in 2016, three years after being diagnosed with “malignant pleural mesothelioma, caused by exposure to asbestos dust and fibers.” The estate alleged that the exposure occurred from Ms. Quisenberry’s father, who worked at what is now the defendant decades ago and during his work, Mr. Quisenberry carried home the asbestos dust and fibers on his work clothes, which led to the exposure.

Upon removal to federal court, the defendant sought to dismiss the case based on the argument that the plaintiff was relying on “take home” exposure liability, which had not been recognized by the Virginia Supreme Court. Eventually, the district court certified the question to the Virginia Supreme Court.

Virginia Supreme Court began its analysis with the general rule that duty to exercise due care to avoid injuring others “is owed “to those within reach of a defendant’s conduct.” (internal quotation omitted). The court went on to explain that while no such duty exists if there is no relationship, “the existence of a duty does not depend on proving a particular relationship, but arises from that basic and necessary regulation of civilization which forbids any person because of his own convenience, to recklessly, heedlessly or carelessly injure another.” (internal quotation and alteration omitted). Put another way, “[t]he only ‘relationship’ which must exist [for a duty to arise] is a sufficient juxtaposition of the parties in time and space to place the plaintiff in danger from the defendant’s acts.”

“Thus, that harm in the present case occurred at a location removed from the employer’s business and after hours is a distinction without a difference. The artificial hazard created by the Shipyard – asbestos dust – was allegedly released through the Shipyard’s course of conduct and moved to place Wanda in danger. The nature of the hazard allegedly created by the Shipyard’s conduct was that asbestos fibers, the inhalation of which could cause mesothelioma, regularly accumulated on the clothes of workers during the day and were released again when those workers returned home and had their clothes washed, thus placing Wanda and others similarly situated within reach of the Shipyard’s conduct and within the ‘zone of danger.’ This created a ‘recognizable risk of harm’ to those sharing living quarters with the workers, resulting in a duty of ordinary care to that class of persons.” Therefore, the court concluded that the defendant did owe a duty of care to the plaintiff and recognized take-home duty in Virginia. The case is Quisenberry v. Huntington Ingalls Inc., Record No. 171494.

About Michael L. Avery, Sr.

Michael Leon Avery, Sr., personal injury attorney in Fairfax, Virginia. Michael Avery has over 20 years of experience in advocating for clients who have been injured in a wide array of accidents—from car and truck accidents to bicycle crashes to accidents caused by drunk drivers. He became a lawyer after a distinguished career in the U.S. Marine Corps.

Practice Areas include:
* Auto Crashes
* Vehicle Rollovers
* Motor Vehicle Fatal Injuries
* Commercial Vehicle Accidents
* Uninsured / Underinsured Motorist
* Claims
* Distracted Driver Accidents
* Road Rage
* Truck Accidents
* Hit-and-Run Accidents
* DUI Accidents
* Passenger Injuries
* Motorcycle Accidents
* Bicycle Accidents
* Pedestrian Accidents
* Slip and Fall
* Personal Injury

References

Law Firm Website: https://averyassociateslaw.com/
Blog: https://michaelaveryesq.law.blog
News: https://attorneygazette.com/michael-avery%2C-virginia
Attorney Profile: https://solomonlawguild.com/michael-avery%2C-attorney
LinkedIn Profile: https://www.linkedin.com/in/michael-l-avery-sr-6b02012/
News: https://hype.news/michael-avery-esq

Michael Leon Avery, Sr.
The Avery Law Firm
+ +1 703-462-5050
email us here
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PBS News Hour: The stunning truth about asbestos use in the U.S.

Source: EIN Presswire

Legal and Regulatory Review for Private Money Lenders Presented by California Mortgage Association

LOS ANGELES, CALIFORNIA, UNITED STATES, April 17, 2019 /EINPresswire.com/ — The California Mortgage Association’s Legal and Regulatory Review will be presented April 25 and 26 in San Francisco. CMA’s Legal and Regulatory Review is highly regarded as a primary source of updates in the area of hard money. Expert witness and lender Joffrey Long will co-moderate the review, which features prominent attorneys in private money lending, as well as legal and regulatory changes that impact the industry. www.CaliforniaMortgageAssocation.com

Joffrey Long
Southwest Bancorp
818-635-1777
email us here

Source: EIN Presswire