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Identity Theft Policies For Businesses

The Federal Trade Commission (FTC) has revised and clarified its “Red Flags Rule” to help covered businesses comply with requirements for preventing and responding to identity theft directed at their customers. The Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs (or “red flags”) of identity theft in their day-to-day operations.

The ultimate goal is to make businesses better able to spot suspicious patterns that may arise and to thwart identity theft.

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Hoa Can Regulate Common Area

Kirk owned a home in a residential community that was overseen by a homeowners association. His property abutted one of a handful of lakes in the community. Legally, the lakes were regarded as common areas controlled by the association. When Kirk bought his home many years ago, the only recorded document imposing restrictions on his use of the property was a two-page document with general restrictions for all homeowners in the community. The only mention of the lakes was an irrelevant limit on how far a boat pier could extend into a lake.

The association amended its rules to prohibit the use of pontoon boats having more than two pontoons on the lake next to Kirk’s property.

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Protect Your Plastic

As new technologies change the way we pay for things, criminals are managing to keep pace as they devise ways to separate you from your money. Doing what you can to protect yourself is one part understanding the technology and at least equal portions of vigilance and common sense. Still, we can all benefit from some reminders.

“Phishing” refers to out-of-the-blue e-mails, text messages, or phone calls from superficially legitimate sources, often couched in urgent tones, asking for your credit card or debit card information. The thieves then set up counterfeit cards and run up charges on your accounts. Don’t take the bait.

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Recovering Lost Profits

When a vendor breaches its contract to deliver goods, or a third party wrongfully induces a contracting party to breach a contract of any kind, or in certain other kinds of cases, often the largest part of the resulting damages will be a loss of the profits that the injured party had expected to receive. But how does a party successfully prove its lost profits claim?

The burdens of proof for recovering lost profits are different in different cases.

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Protecting A Valuable Trademark Against Cybersquatters

It is impossible to know the true cost to legitimate businesses of unauthorized imitations of their products or services, and of the efforts made to fool consumers about the true identities of those who seek their patronage. Not only are sales lost, but immeasurable damage can be done to a trademark owner’s reputation by shoddy knock-offs of licensed products. The invention and steady, geometric growth of e-commerce has given counterfeiters an unprecedented tool with which to ply their trade. No sooner is one unauthorized website closed down than another one is likely to pop up to take its place.

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New Hipaa Rule

The U.S. Department of Health and Human Services has adopted a new rule concerning privacy and security for health information, to take into account changes that have occurred in health care since enactment of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Some of the key features in the 563-page final rule are outlined below.

Privacy notices given by covered entities, such as health-care providers and health plans, must now include a statement about a patient’s right to restrict the disclosure of his or her health information when paying out of pocket for the service.

“Downstream” business associates of covered entities are also covered by the new HIPAA rule.

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Private Business And Discrimination Under The Americans With Disabilities Act

The Federal Americans With Disabilities Act (“the ADA”) forbids and seeks to rectify discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Definition of Disability

Not everyone with a medical condition is protected by the law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law. i.e.

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401(K) Loans And Hardship Withdrawals

You won’t find many financial advisors who vigorously advocate dipping into the money in your 401(k) retirement account while you’re still working. It is for retirement, after all. Still, using some of what could be a sizeable amount of money sitting in the account for current financial needs may sometimes be too great a temptation to resist. Taking that step is not always ill-advised, but you should know all the ramifications before doing so.


The first way to access funds in a 401(k) before retirement is by borrowing from the account. Generally you can borrow up to 50% of the vested amount in the account, up to a maximum of $50,000.

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