Tag Archive | "legal agreements"

Hurricane Ike: A Killer Storm

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Hurricane season is a scary time and as Ike roughs up everything in its path, it becomes obvious that this particular hurricane may have the last name Turner. While Cuba knew it was in for some bad weather, no one expected Ike to be this brutal. Having killed at least four people and forcing the evacuation of nearly 1.2 million, it is clearly devastating. Next in Ike’s path are Texas and Northern Mexico.

Revolutionary leader Fidel Castro put his country on “combat alert” against the third killer storm to come their way in the past few weeks. And for those folks with personal businesses at stake, please review the force majeure clauses in signed legal agreements to best understand your rights regarding the steps you must take to pick up the pieces.

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RealDealDocs Flying High

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Just when you thought Realdealdocs.com has reached its limit, we’ve expanded our wings by adding over 500,000 filings. In our world, the sky is the limit and anything is possible. Filed with EDGAR at the Securities and Exchange Commission are public company SEC filings. Contained with these filings are exhibits that include millions of legal agreements and clauses.

Merger and acquisition agreements, employment contracts and benefit plans…you name it, we’ve got it and everything has been drafted by top law firms. We, at RealDealDocs, have organized these legal documents into easily searchable categories for professionals like you who want to save both time and money.

Below is the list of all SEC Filings and Exhibits for your perusal.

SEC Forms:

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SEC Filing Exhibits:

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Craigslist: A Scam or Not a Scam? That is the Question

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Craigslist.com is used worldwide and is becoming everyone’s number one source in finding employment, a place to live, and even love of various sorts. Giving traditional jobsites like Monster.com, Rental sites and even Match.com a run for their money, sometimes with the good comes the bad, or at least, the shady. While Craigslist is completely free for visitors to explore hundreds upon hundreds of listings, the popular site doesn’t do the greatest job at preventing not-so-legitimate people from posting ads.

For example, I recently received a call from my sister who was ecstatic over a job offer she got from a man who claims to be overseas. She told me that he emailed saying he liked her resume (she’s an MBA who wants to step away from the daily grind and work freelance), and would like to offer her a too good to be true sounding, HIGH-paying position, tutoring his son in English. ENGLISH!!

Sidenote: Any of you who are math-savvy and business oriented know that grammar isn’t necessarily your strong point. There are always exceptions but…you know what I mean.

Now, the only details my sister could gather from this man’s poorly written emails was that his son was coming with a nanny to Florida (where she lives) to begin his tutoring sessions in September. However, before then, he informed my sister that he would be sending an advanced “cheque” for her future services.

Giving a CHECK to a complete stranger?

I smell a scam. After my sister forwarded me their back-and-forth emails, I noticed she asked specific questions in which he answered vaguely. What school will your son attend? No answer. Where is he going to live? “Cheque man” replies, “Where do YOU live?”

After she answered, he wrote, “My son will live close to you for tutoring purposes.”

Uh, OK.

Being the trusting person that she is, my sister sent him her address for the “cheque” and he replied that although he was having trouble sending it, she’d get it shortly. Sure! I informed my sweet, naïve sister (who would kill me if she knew I just called her that, by the way) that this was probably a new and improved scam after those lengthy b.s. emails promising a better-than-ever job position, which entailed assisting in the transfer of millions and keeping 80% failed miserably. You know the ones…we get a large cut after coughing up a few minor details such as our account number, social security number, and mother’s maiden name.

Down and out over the fact that this fantastic “tutoring position” may be a fraud, when he finally emailed saying the cheque was in the mail, my sister ignored it. Yeah, his cheque’s in the mail just like my tax refund check is in the mail. Please.

Well, guess what?

Today, in the mail, she received his cheque for 3,500.00. It CAME, which is why I’m writing this post. Without any type of employment agreement, this man paid my sister in advance for her tutoring skills without ever having met her.

What’s going on here?

My sister deposited the check into her account today. And that’s all I know so far. Stay tuned for an ongoing report on this story and lawyers, please, keep reading. I may need you down the road.

Could it be that some completely unbelievable fairy-tales DO come true? Or, is my sister in some kind of danger?

Any comments are much appreciated.

Popularity: 8% [?]

Breaking Down the Olympics One State at a Time

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As the Summer Olympics comes to an end, our estimate of each individual who won a Gold, Silver, and/or Bronze medal per state has reached its big finale, as well. And it looks like…ba dum dum…the left-coasters take home the cake!

Congrats California and to all the USA teams!

While Summer games end, winter games will soon begin, which means we will have a new list of state versus state medal winners. And just like the Olympic breakdown, realdealdocs.com breaks down their agreements by state.

Whether you are looking for a merger agreement, agency agreement, employment agreement, in Ohio, New York, Indiana, California or wherever, you can find them not only in the summer and winter but in spring and fall, as well.

On that note, check out the Olympic scores below!

STATE

GOLD

SILVER

BRONZE

SUBTOTAL

AL

1

2

1

4

AZ

2

2

0

4

CA

9

11

2

 22

CO

1

4

3

8

FL

4

4

3

11

GA

4

1

0

5

IA

1

3

0

4

ID

1

0

0

1

IL

1

0

0

1

IN

0

2

0

2

KY

0

0

1

1

MA

0

3

2

5

MD

9

1

1

11

ME

1

0

0

1

MI

2

0

2

4

MN

0

1

3

4

MO

0

1

0

1

NC

0

0

1

1

NJ

10

2

6

18

NY

2

5

0

7

OH

0

0

3

3

OR

1

0

1

2

PA

0

0

1

1

TN

2

3

0

5

TX

10

6

3

19

VA

3

0

1

4

WA

1

2

0

 3

WI

1

1

0

2

TOTAL

66

54

34

154

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Hurricane Fay, Legally Speaking

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Hurricane Fay is making headlines as it ferociously barreled through the Dominican Republic, killing four people, and roughly seven people were killed by the storm in Haiti. And when a bus overturned while trying to cross a flooded river, reported the Associated Press, 30 people on the bus were feared dead.

Cuba is in the biggest danger as the storm is predicated to bring as much as 12 inches to parts of the islands and as much as 10 inches of rain were forecast for the Keys and south Florida. As it roughs up the Keys, Naples and Tampa Bay are tomorrow’s victims, packing winds of at least 74 miles (119 kilometers) per hour.

“Late tonight or tomorrow, we should see it strengthen to hurricane status,” said Jim Rouiller, a senior energy meteorologist with Planalytics Inc. in Wayne, Pennsylvania.

After Hurricane Katrina, these feisty rain storms are taken very seriously. Hurricanes equal devastation. People lose their homes, personal belongings, businesses, and even their lives. That is why it is important for everyday citizens who have lost something (a home or business) due to the storm to protect their rights and seek legal advice immediately.

Business-wise, agreements such as a merger agreement have stipulations regarding hurricanes. Although natural disasters are tragic, there are proactive things that you can do to better protect yourself. Another huge concern is the damage it causes to homes and other property. Insurance companies have been known to deny or delay claims resulting in this type of destruction, however, attorneys who specialize in fighting insurance companies can help.

Let’s face it, hurricanes are like roller coaster rides that leave you feeling dizzy and sick but by educating yourself, the aftermath won’t be as bad. After all, that old cliché line is true: Knowledge IS power and when it comes to your home or business, there are resources such as legal agreements with force majeure clauses (”greater force”) out there designed to protect you.

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What Defines a Breach of Contract?

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No matter how good both parties’ intentions are when entering into a legal agreement, unforeseen circumstances can throw things off track. If this prevents one of the parties from fulfilling his end of the deal, it may be considered a “breach of contract.” Legal obligations are created in a business contract, and they must be fulfilled by the both parties. Depending on the specific terms of the contract, a breach may occur when one party fails to perform on time, does not perform in accordance with the agreement’s terms, or does not perform at all. Usually, a breach of contract will be categorized as either “material” or “immaterial” in order to decide the appropriate “remedy” or legal solution. Generally, both oral and written contracts are legally enforceable, so caution should be taken in entering into handshake agreements. It’s always wise to make sure your agreements are in writing to ensure that the contract terms and details are not “remembered” differently, or even forgotten.

A breach of contract is defined as a failure to fulfill the duties under the agreed upon terms. A contract can be breached if:

· One party does not perform as promised· One party does something making it impossible for the other one to perform the duties of the contract· One party makes it clear that he or she will not perform the contract’s duties.When one or both parties breach a contract, the other party is entitled to various types of remedies. Here are most common remedies sought: · Consequential damages – The breaching party pays the non-breaching party an amount that brings that party back to the same position they would have been in if the contract was performed.· Punitive damages – The breaching party makes a payment to the other party as punishment for breaching the contract.· Liquidated damages – This type of damages is agreed upon as part of the contract itself, before signing. It stipulates that if one party breaches the contract, that party must pay a specified amount.· Nominal damages – This minimal amount is provided in the event that the non-breaching party wins the case but suffers only minimal financial losses. Other remedies for breach of contract may include:· Specific performance – In some circumstances, a court can require the breaching party to perform their duties as agreed upon in the contract. · Rescission – Neither party is required to perform the contract’s obligations, as if there were no agreement signed. If one party has performed some of his duties, the court tries to bring that party back to the same position he or she was in before the contract. The statute of limitations on filing a breach of contract lawsuit varies by state. If a party does not file within the state’s specified time limit, he or she loses the ability to seek damages through a breach of contract lawsuit. It’s impossible to completely lay out all the circumstances that may arise in the course of doing business. In some cases, it may even be necessary for compelling business reasons to breach a contract – effectively written contracts can provide valuable guidance and predictability to the parties and, if necessary, to the courts in determining where they stand. To see free examples of actual legal documents and clauses click here.

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