US Legal, Inc. Newsletter – May 2009

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May Newsletter.

As always, we’re busy creating new content and updating forms to bring you the most relevant and accurate products available. To follow up the release of our updated and revised state-specific construction lien forms, we’ll soon be bringing you value packages containing all construction lien related materials for your state. Our value packages are our best selling products – you can check out our selection of packages here.

At USLegal, customer satisfaction is our greatest asset and goal. If we’ve made your legal life easier, please tell your friends and family about us. If you have a routine legal need, make us your first stop. And now, the news:

Construction Lien Forms: Protecting Contractors AND Property Owners

Whether you’re an owner needing to resist a lien wrongly filed against your property, or an unpaid contractor needing to file a lien, we have the state-specific forms you need for establishing (or objecting to) a construction lien. Thousands of contractors and property owners will benefit from inexpensive access to these forms. As a contractor, protecting your investment in time, money and labor with a valid lien is essential. As a property owner, filing a timely Objection to Lien form, or Notice of Non-responsibility for Payment may be essential to fighting a wrongfully filed lien. Find our construction lien forms for your state here.

Don’t Forget: Group Discounts at USLegalForms.com

Group Registration for U.S. Legal Forms’ Group Discounts have been brisk. An association, company, government agency, church group, or other organization can sign up for a group discount for all group members. Would your group benefit from access to our low cost, high quality, state-specific legal forms? For additional information, or to apply for your organization or company, contact us toll-free at 1-877-389-0141 ext 107 and ask for discount services.

Featured Product of the Month

* Home Sale Package for Residential Real Estate*

The convenience and value of the USLF state-specific Residential Home Sale Package is unmatched. This $39.95 value package for both buyers and sellers contains an Offer to Purchase, Contract of Sale, Disclosure Statements and more for a Residential Home. Definitions, form explanations, and general information about the real estate transaction are also included. Buying or selling a home is the most important transaction most people will ever encounter. This package makes the process much easier to understand and provides the forms and information you need to do it yourself.

Legal News In Brief

We track breaking legal news at the USLegal Reporter. Check in regularly to stay updated on top national legal stories. These are some of the items of interest we’ve spotted in the last month:

Obama to Crack Down on Tax Loopholes

Carrying out one of his campaign promises, President Obama has announced plans for reforms to the U.S. tax code, which are targeted at the tax incentives given to companies who create jobs overseas and overseas tax havens. The new reforms are estimated to add $210 billion in revenue currently lost from taxes currently being avoided under the current practices. Obama’s plan also includes 800 additional federal agents to enforce the tax code. The president’s proposal would eliminate some tax deductions for companies that earn profits in countries with low tax rates, as well as making it a violation of U.S tax laws for U.S. citizens to use tax havens in the Bahamas or Cayman Islands.

Supreme Court Allows Punishment of Networks for “Fleeting Expletives”

The U.S. Supreme Court has ruled that the Federal Communications Commission (FCC) may punish broadcast networks for even a single curse word uttered on live television. In its 5-4 decision, the Court said it did not find the FCC’s policy on so-called fleeting expletives either “arbitrary or capricious.” The case was decided on procedural issues. The broadcasters had argued that the FCC failed to give enough notice of or properly explain the reasons for penalizing fleeting expletives after declining to issue penalties for them in decades past. They claimed the FCC’s policy is unfair, since punishments have been imposed in some cases and not others. The broader constitutional question of the FCC’s right to police the airwaves was sent back to a federal appeals court for another review.

Supreme Court Restricts Warrantless Searches of Vehicles

The U.S. Supreme Court ruled that police may not conduct a warrantless search of a vehicle after an arrest unless the suspect poses a safety threat to the officer, the suspect is able to reach for a weapon or try to destroy evidence, or there is reason to believe evidence of a crime will be found. The court’s 5-4 decision will mean a change in police practices in use since the leading case, New York v. Belton, was decided in 1981. In the dissenting opinion, Justice Alito criticized the majority opinion for creating an unclear standard that the dissent claimed will be confusing for law enforcement officers to follow and endanger their safety. The majority said the earlier Belton case was misinterpreted to mean that officers may search the passenger compartment of a vehicle as part of a lawful arrest of a suspect. The dissent accused the majority of using the misinterpretation explanation as an excuse to change a law it disagreed with.

Check out controversial legal issues of all stripes with us at the USLegal Blog. Register and voice your opinion in the comments section.

Have a Legal Question? Ask a Lawyer

If you want to find out more information about a certain area of law, consider USLegal’s Ask a Lawyer service. The service enables you to submit your question to a lawyer who will provide you with legal information.

The charge for this service is $15.95 per question.

Legal advice is not provided. If your question cannot be answered without providing legal advice, you will not be charged. In the event you desire to retain an attorney, you will be provided with sources for choosing an attorney for you to consider.

Law and Legal Definitions

Limited Liability Company

A limited liability company is a hybrid between a partnership and a corporation. Like limited partnerships and corporations, the limited liability company has a separate legal entity from its “members.”

An LLC does not exist indefinitely. Traditionally, the articles of organization must specify the date on which the Limited Liability Company’s existence will terminate. However, many states now allow an LLC to have a perpetual existence. Unless otherwise provided in the articles of organization or a written operating agreement, an LLC is dissolved at the death, withdrawal, resignation, expulsion, or bankruptcy of a member (unless within 90 days a majority in both the profits and capital interests vote to continue the LLC).

There are two ways to split voting power among LLC members: either each member’s voting power corresponds to his or her percentage interest in the business, or each member gets one vote — called “per capita” voting. Most LLCs agree to allot votes in proportion to the members’ ownership interests.

Read our full entry on Limited Liability Companies.

For more legal definitions, please visit USLegal’s free online legal dictionary.

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