News | O'Keeffe O'Brien Lyson Attorneys - Part 11

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November 23, 2018

Economic Damages for Personal Injuries

Money cannot buy happiness, but it can make a big difference in how much medical treatment you can afford. After an accident, if you receive prompt care by a plastic surgeon, followed by months of physical therapy, you may be able to avoid a permanent disability. In some cases, getting […]
November 14, 2018

Tips on What to Do When Arrested on an Open Warrant

What is an open warrant? An open warrant means a judge has authorized law enforcement to arrest an individual at any time.  Essentially, if you have an open warrant for your arrest, your next interaction with law enforcement may end in your arrest and detainer.  For example, you never showed […]
November 12, 2018

Medical Records and Personal Injury

Reliance on evidence is what separates a fair justice system from one based on arbitrariness and tyranny. In civil lawsuits, the judge must decide whether the available evidence supports or refutes the plaintiff’s claim. In personal injury lawsuits, medical records are an essential piece of evidence. Why are Medical Records […]
November 6, 2018

No-Fault Laws and Personal Injury Claims

More than half of Americans cannot afford an unexpected $400 expense without resorting to borrowing money from friends or family. While appliance repairs and emergency travel are common causes of unexpected expenses, medical bills are among the most unavoidable. Beyond a certain point, you cannot put off medical care when […]
October 31, 2018

Police Body Cams in the Future

Many law enforcement agencies are now utilizing body cameras for their officers.  Although now commonly used, body cameras are still a somewhat controversial topic.  Body cameras can serve as effective tools for both law enforcement and individuals by providing an accurate recording of interactions between the public and the police.  […]
October 25, 2018

Guidelines for Protecting Proprietary Information

Intellectual property is a crucial part of many businesses.  Protecting this proprietary information is essential.  Proprietary information includes trade secrets, client lists, development plans, marketing plans, and other confidential information.  Although non-competition agreements are almost always void in North Dakota, that is not the only way to protect your business’ […]
October 19, 2018

Beware of Offering Stock to Friends and Family

One of the most important parts of business is raising capital.  When raising capital, regulation by the Securities and Exchange Commission (SEC) or your state securities department may become involved.  Some might assume that business contributions by friends and family are not subject to securities laws. Offering friends and family […]
October 6, 2018

Contract Tips for Avoiding Litigation

Generally, it is in everyone’s best interest to avoid litigation.  Litigation is expensive and time consuming for all parties.  One way to avoid litigation is to draft a contract with the possibility of future litigation in mind.  Even if you think your contract will never be the basis of a […]
September 27, 2018

When is a Warrant Required to Search Your Home?

“When it comes to the Fourth Amendment, the home is first among equals.”  Your right to privacy without unreasonable government intrusion is at its strongest in your home.  Police officers almost always need a warrant to search a home.  There are few exceptions to this requirement, like consent or emergency, […]
September 25, 2018

What You Should Know About Judgments from Litigation Settlements

What is a settlement? A litigation settlement is a decision between the parties to end a dispute before trial.  A settlement may be reached after only a few conversations between attorneys, or it may happen a few hours before trial ends.  Oftentimes, a settlement is a preferable outcome to litigation […]
September 19, 2018

Choosing a Business Name in North Dakota

Selecting a name for your business is an important part of business formation.  There are some rules about naming your business in North Dakota, depending on the type of business structure you are planning.  Generally, a business name cannot include any words that indicate it is involved in anything other […]
September 13, 2018

Mediation and Arbitration – What’s the Difference?

There are several different ways to resolve a case before proceeding with extended litigation.  In general, this is referred to as alternative dispute resolution. Both mediation and arbitration may be used to resolve a dispute without going through extensive litigation or trial.  Arbitration tends to refer to a legally-binding process, […]
September 5, 2018

What is a Disclosure Statement?

A disclosure statement in a real estate sale is a document completed prior the closing which requires the seller to disclose known material defects of the home.  The disclosure statement is an opportunity for the buyer to learn about all potential defects of a home.  The disclosure statement is also […]
September 3, 2018

Drug Possession Versus Intent to Distribute

If you are found with drugs, there are several crimes with which you may be charged.  The crimes of drug possession and intent to distribute are two different crimes with different levels of punishment.  Depending on the drug, the level of offense and punishment can vary significantly.  Generally, the crime […]
August 13, 2018

All About Buy-Sell Agreements for Businesses

When the ownership of a business changes hands, it can be a dream come true for both the buyer and the seller. Founding and cultivating a business to the point where someone wants to buy it is a mark of successful entrepreneurship. After the sale, the sellers can establish a […]
August 9, 2018

The Importance of Writing Corporate Minutes

Operating a business successfully always requires a certain amount of record keeping, even if it is a small business run by someone with a very good memory. At the very least, you need to keep accounting records to show to your tax accountant. If your business is large enough to […]
August 7, 2018

Contract Tips to Avoid Litigation

Contracts protect you in the event of a lawsuit, since they are the best evidence of the terms to which two parties agreed before getting into a dispute. A lesser-known but equally important advantage of contracts is that they can stop lawsuits from happening in the first place. It is […]
August 2, 2018

North Dakota “At Will” Employment and Wrongful Termination

The phrase “gig economy” sounds thrilling, unless you have actual financial responsibilities.  What is not to love about turning your talents and determination into financial gain and not having to answer to a boss?  Of course, making your living through freelance gigs means no job stability and no employer-sponsored retirement […]
July 27, 2018

How to Handle Probation Violations

When a court finds you guilty of criminal charges, it is often a relief to hear that your sentence includes only probation instead of jail time. People who have been sentenced to probation are often unpleasantly surprised, however, when they realize how many restrictions they must actually endure. Of course, […]