What Role Does Litigation Support Play in a Court Case?

Saturday, October 29, 2011

A definitive report of the events that have happened and the proceedings are important for future references. Litigation support concerns the adequate conversion of written reports, diskettes and other file forms to a searchable form, of which readers or users could access from electronic files. Litigation support workers are ordinarily people that are highly trained in certain areas, such as forensics, psychology and other professions that would be able to assist the lawyers win their case.

Litigation support however, is more complex than the simple document preparation that is normally expected. To keep up with ever changing technology, litigation support now converts their documentation in other formats so they are easily obtainable digitally.

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Litigation support services

What Role Does Litigation Support Play in a Court Case?

These include all the essential processes involved in supporting lawyers in their cases. The following are litigation support services:

-Choosing appropriate witnesses by questioning all the witnesses in the case.
-Coordinating paperwork into an easily accessed data.
-Preparation of documents for legal purposes.
-Looking through documents that may be of use throughout the legal proceedings.
-Conversion of documents to another form using a software or IT technology.

Things you should know about litigation support services

Support services may well be employed on a case to cases basis and tasked to perform not only the above-mentioned things but may well also be asked to offer case strategy products or electronic information that would help the lawyer win a case.

They must not only be good in records review and organization, but also proficient in switching important files to different IT enhanced files. Examples of these are conversion of files to digital copies, auto-coding of pertinent papers and files, transcription of data to electronic format and the like.

Law firms make good use of court reporters when it comes to preparing hearings, dispositions and court proceedings, and their services are incredibly crucial.

The success of the support individual or agency relies heavily upon their efficiency, reliability and dependability.

What are litigation experts?

Support staff are particularly educated in both their services and in their IT skills. Being able to convert legal court documents in to digital files that are downloadable is a must for these folks.

Some Law firms have their own court litigation staff but eventually they recognized that using the services of legitimate and reliable litigation consultants was more affordable and more practical. Most Law Companies now employ the services of trusted and established litigation organizations or support consultants. This will eliminate the cost of training their own support staff.

The service they will are given is precisely the same whether or not they employ their own litigation support staff or contract the work to an agency or individual.

In essence, court reporter staff is a special service that is there to provide help to the lawyers by giving all the vital paperwork, documents, files and anything else that is needed for the case. Often the service is more in depth when they even help the lawyers to formulate a winning strategy for the case. Once all the information has been supplied, it is up to the law firm or the lawyers to make the finalized decision on how the case should be handled, and what the litigation support should help them with.

What Role Does Litigation Support Play in a Court Case?

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Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney

Tuesday, October 25, 2011

Finding the right bankruptcy lawyer Ohio can mean the difference between a smooth and a rough ride. And 'possible bankruptcy procedures to my documents, but lawyers familiar with bankruptcy documents, laws and other techniques for getting the best deal possible.

Tips for finding Bankruptcy Lawyers in Ohio

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Start as soon as possible. Referring to the search for a lawyer in Ohio only cheap swipe at the end leave.A race, a decision can leave you with a lawyer that you are not familiar with the long term. Start searching and already you have the time to make a decision that will help you make the best results. Questions. Ask the people who know all the experiences that may have had with lawyers of local failure. Ask the lawyers who speak their past experiences with you. Look on the Internet for complaints or complimentsseveral lawyers who are considering. Visit the bankruptcy court in your area. You can watch the lawyers to work and get a feel for their experience and know-how. Seeing failures can occur even help you understand the process completely. The Northern District has courthouses in Cleveland, Akron, Canton, Toledo and Youngstown. Southern District has court house in Cincinnati, Columbus and Dayton. You have to talk to other professionals with whom you workedin the past. They may have advice on bankruptcy lawyers Ohio. Accountants and lawyers in other specialties may have the right to submit a proposal for your needs. Use the Internet. Take time to browse the various websites law firm, to see where they specialize. You can also use the Internet to do a search on any lawyer or law firm may be interested in doing. Check with agency services. The Ohio State Legal Services Association (OSLSA) can help in the formwith the bankruptcy lawyer that best meets your needs. They also provide legal assistance to Ohioans, income below 125% of the current official federal poverty guidelines have. Meet with other lawyers. Most Chapter 7 or Chapter 13 lawyers offer a free initial consultation. One session was all that is needed to see if it would be in a position with a lawyer or if you continue to look for work. Be sure to write down a list of questions, so askthat you get the same information from all of the lawyers that you visit.The number one thing that you need to work your way through the bankruptcy lawyers and choose the one for your circumstances is to start early. You will want time on your side as you work through the different sources that may offer you guidance in choosing an Ohio bankruptcy lawyer.

Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney
Cheap Ohio Bankruptcy Lawyers - 7 Tips to Find a Low Cost Attorney

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Ohio License Plates Search - How To Perform A Quick Search

Friday, October 21, 2011

Ohio is a relatively fresh, but not free from drunk drivers and drivers from driving their vehicles under the influence. Although DUI records in this state is not as high as they are in states like New York, Texas and California, does not mean that people are not unhappy with drunk drivers every day. You probably get your car destroyed in a crash or cut off from one of these drivers, and you wonder how you can build the driver arrested. You can find all the drunk driver orDUI Drivers visiting the easy capture of the Ohio Department of Public Safety for Ohio license plates.

The Ohio Department office is not only in the amount of riders, number plate and driver's license plate number searches, but it is a great place to start your search. If you do not live very far away, you can simply go to the office, pay the fee and receive the desired information in no time. However, you must beTo obtain a representative body, a lawyer, a law enforcement agency, a lawyer, a court or insurance company, access to the file plaque Ohio. Normally, those who are able to access files, but the Privacy Protection Act of drivers has unauthorized access to issues of identity theft and victimization emerge from access to such information by unauthorized persons prohibited.

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To save time, you want to spend to the Ohio Department of Public Safety, you can call the local office to see if you qualify for access to files. This is especially necessary if you live far from the office. You can reach the office by phone 614-466-4344. The office is located in Charles D. Shipley Building, 1970 Broad Street, Columbus, Ohio. Making a call in advance helps you to know, whether it's worth, not all the way o

Ohio License Plates Search - How To Perform A Quick Search

An alternative to the use of> Ohio Department of Public Safety is the Internet. There are some private research companies register on-line and have access to public records and can give information about license plates in Ohio. These sites require only that the indicator of the driver that you want to track, and you will get this information as the name of the driver, address, telephone number and other information that may be of interest.Unfortunately, this service is not free. You should be prepared to pay about $ 20 or so, before you can obtain the necessary information.

Paid online searches are cool because they are faster and easier, and eliminates the bottleneck of protocols you have in any case with you when you visit the business office department in Ohio. The information obtained from this source to be the most authentic of what you get when you visit the office personally. Thisoption will be helpful for those who do not meet the requirements to access the Ohio license plates records at the Department of Public Safety.

Ohio License Plates Search - How To Perform A Quick Search

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Have You Been Arrested for Assault?

Tuesday, October 18, 2011

Historically, men have been known to resolve their differences with physical confrontations. From bar fights in the old Wild West of the war, young soldiers fighting for a girl, men and women have fought for what they have done for centuries, really long. Today times have changed and nobody can get into a physical fight, without criminal consequences.

The crime of aggression includes the threat of force with the ability to perform coupled. If a woman tries to beat themThe man in the head with a frying pan and lack even accused of crimes of aggression. If a man by force, another man in the chest in a way that could be interpreted as violent or offensive, can be accused of aggression.

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Assault is often confused with the battery. The main difference between the two is that the attack is not necessary that actual physical contact took place while the battery. Were treated with a conviction battery needs body contactbetween the suspect and the victim.

Have You Been Arrested for Assault?

Assault charges are difficult, because there are always two sides to a story and there are always witnesses. Women and men can be victims of aggression. Some men were raised to never hit a girl, but his angry wife or physically assaults his girlfriend in a violent quarrel.

When the man tired of abuse and beatings of women, could be the prime suspect. The police are more feminine than male assault victims of contrast used. Themale victims may explain a difficult, he acted in self-defense, even if it really is.

Even if you were right, you must have your own representation when he was charged with assault. Since the attack will be prosecuted as a crime or a crime, can not afford to make the mistake of thinking that your innocence is to avoid a conviction.

With many allegations of aggression, it's your word against the other person is, which means you will meet yourLegal defense to prove your innocence. If you have been finally sentenced for assault, he could face heavy fines, imprisonment and victim restitution. And 'your right to have an attorney, and it is your right to defend themselves when someone is physically attacked, but you must act quickly to ensure a qualified criminal defense attorney.

Have You Been Arrested for Assault?

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Five Tips & Five Steps --- To Sell or Not To Sell My Business

Friday, October 14, 2011

They were seriously thinking of selling your company, but I really do not know where to start. You've heard some horror stories about different sales processes, with an advance payment and are less than what you really wanted, but people so far in the process that will not repent. You are not really big enough for one of Wall Street banker and investment is not known mergers and acquisitions of companies hiring reliable.

Does this sound familiar? NotDespair, you are not alone. Most owners of small businesses with revenues of $ 5,000,000 up to $ 100 million the same questions and face the same doubts. Hopefully the following tips to help you calm down and put stages and provide some guidance for the actions that you can not or will not take.

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TIP # 1 - Preliminary Assessment of Business Value

Five Tips & Five Steps --- To Sell or Not To Sell My Business

Preliminary is the key word here. Most owners have an idea of ​​what their job is and whatbe satisfied when they decided to sell. Unfortunately, statistics show that most owners of an opinion of value, which is usually higher than what the market should bear. So, before going to hire discussing New York M & A business or go to this seminar on the sale of your company with your tax advisor, consultant, popular, you know, or have grown our business with the banker well you r or lawyer. Do some networking, and you may find that you do a preliminary assessment for a verysmall fee ($ 1700 to $ 2500). This at least give you a platform, value, and some knowledge to determine the next steps. (E-Mail-rick@ceostrategist.com for more information on a preliminary assessment of the use of industry-standard methodology)

Tip # 2 - Having a strategic review of business Performed

He had made a preliminary assessment, and you are comfortable enough to continue the process to the next level. This means that you need to complete a strategic review. This can be done by you asOwner or any family or household, has been in business. However, it is recommended to perform this evaluation, an outsider. As the owner who work in the field on a daily basis, it is often difficult to see the wide range of organization as a whole. Need to know how your company is ready for the sales process. There are many factors to explore the willingness to sell before the final decision. Failure to comply with this assessment and to correct or go toCompensation for all the problems discovered will cost hundreds of thousands of dollars in sales process can begin. You can lead a strategic review by any number of consultants in bulk. Prices will be $ 5,000 to $ 15,000 for this process. After reading this, we can estimate that the time is not right, choose to maximize shareholder value through the sale of the company. It might make more sense to continue the activities of growthrecommendations outlined in the assessment.

TIP #3 - Who is My Buyer?

You had an assessment, you put lipstick on the pig (fixed any issues uncovered) and now you decided to take your baby to market. Don't jump right into the M&A arena and hire that big mergers and acquisition firm. Chances are very good that you already know who the buyer or buyers might be. Is it your biggest local competitor, one of the national firms, one of your suppliers or customers looking for vertical integration or could it be one of the many investment groups. Do your homework before you commit to paying the type of commission you will end up paying with even a smaller M&A firm. Explore the internet and look at businesses for sale or companies that are looking to buy. Talk to your association. You may end up with several interested parties that can drive up the price without paying high commissions. (Of course, the minute you start discussing a sale with any potential buyer be sure to get your attorney involved)

TIP #4 - I'm Ready to Sell, What Now?

Whether you do it yourself because you know of numerous prospective buyers or you decide it's too much hassle and look for professional M&A help, the next step is to create a comprehensive document, The Confidential Strategic Business Review Report. This document describes your company in detail. It includes recast financials. (Financials that are adjusted to create a realistic EBITDA taking out owner perks that would not be costs to a new owner) EBITDA is earnings before interest, taxes, depreciation and amortization. Acquisitions are often made as a multiple of EBITDA.

If an M&A firm represents you, preparation of a one-page Confidential Profile which highlights the acquisition opportunity without disclosing the name and location of your company is essential. This profile is used during the initial buyer/Investor contact phase.
At this point, make sure that the firm you pick matches your company and even more important, make sure you are comfortable with them. Factors you should consider when selecting an M&A firm include:

o How many companies have they sold in wholesale distribution

o How many companies match or come close to your company's revenue stream.

o References, and you must check them, are excellent

o What industries do they specialize in

o What is the size of their firm? You don't want to be a little fish in the ocean but you also don't want to be a whale in a pond.

o How many active qualified buyers do they have in their data base? It should be hundreds if not thousands.

o How many private investment funds are they connected to?
.

TIP #5 The Basic Steps in Concluding a Sale.

Things are going to get both exciting and frustrating. Again, the following steps apply regardless of who sells your business but are primarily the steps utilized by an M&A firm taking your business to market.

Step #1. TARGETED BUYER SEARCH

A targeted buyer search is performed from a data base of potential buyers and investment funds. If you are using an M&A firm this data base will more than likely be over 10,000 in number. A list of potential synergistic buyers will be the result of this search. This list is reviewed by ownership to discard any obvious mismatches or personal owner concerns about anyone on the list. A second formal valuation that includes equipment and property appraisals may be a desirable option at this point.

Step #2. INITIAL BUYER CONTACT & DATABASE PLACEMENT

Targeted Buyers & Investment Funds are contacted via mail, which includes the Confidential Profile. Concurrent with the above activity, the client company is listed on the Merger & Acquisition on-line database, presenting the acquisition opportunity to the database's registered buyers. Interested buyers and other M&A intermediaries generally will respond via E-mail. .Personal Follow-up to determine potential buyers' interest in obtaining The Confidential Strategic Business Review Report is conducted to ascertain interest.

Step #3. INTERESTED BUYER CONTACT and FOLLOW UP

Upon receipt of an endorsed Non-Disclosure Agreement, The Confidential Strategic Business Review Report is sent to interested buyers/investors. The M&A firm or your representative follows up with interested buyers and provides additional information as may be required. Buyer's credibility (ability to buy) needs to be verified at this point. A buyer visit is arranged to view the premises and speak with ownership. This visit can be arranged for after hours if ownership is concerned with confidentiality.

At this point discussion and counsel needs to occur to prepare relative to pending buyer visit and preparation of buyer visit agenda with meeting objectives that have been predetermined. (Management presentation, facilities tour, additional documentation required, buyer-client interface & discussion guidelines and other relevant details to ensure a positive image and successful meeting).

Step #4. Getting a Letter of Intent

Confirmation of buyer(s)' interest in pursing a transaction and obtaining of a Letter of Intent is the number one objective. Ideally several offers presented for comparative purposes and obtaining the most favorable price and terms will maximize the value of the sale. Of course you are not obligated to accept any offer presented. A letter of intent is a basic contract that states the buyer will acquire the business at a suggested price assuming all details and financial information submitted is accurate and passes due diligence on the part of the buyer.

Your representative should interface with your professional advisors (CPA, attorney, financial planner etc.) as may be required in providing their assessment of a proposed transaction. Guidance should be provided relative to negotiation of deal points and other issues as may be required.

Step #5. Due Diligence and The Deal Consummation

Assistance should be provided to prepare for the buyers due diligence. Don't try to conceal or hide the dirty underwear. Own up and show what has been done to put it in the wash. Honesty is essential. Generally speaking, the process is predominantly financial. However, employee concerns and other issues may arise. Your representative should be available or on cite throughout the process. A thorough inspection of inventory and accounts receivable are a key part of due diligence. Experience tells us that inventory value is always a bone of contention. What is aged, ailing and dead inventory valued at? Be prepared for further negotiations. Have a heart to heart with your advisers. Make sure they have a comprehensive understanding of your objectives. Keep in mind that although most good attorneys are deal makers, some are deal breakers.

This process sounds more complicated than it really is. The real difficulty lies in the initial decision on whether you should sell your business or not. Although this article indicates that selling your business yourself is possible, and it is, make no mistake it is not recommended that you attempt to sell your own business without proper consultation from professionals that know the mergers and acquisition business.

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Five Tips & Five Steps --- To Sell or Not To Sell My Business

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The Tax Relief Act of 2010 - How Does It Affect You?

Tuesday, October 11, 2011

On December 17, 2010, President Obama signed into law the 2010 Tax Relief Act, which has provisions dealing with income and estate tax and unemployment insurance provisions. What is important about this new law is that it is a temporary measure and, for the most part, only impacts 2011 and 2012 - in other words, it is a band aid. All the Bush-era tax cuts which were scheduled to expire in 2010 will now expire at the end of 2012. That's a pretty scary thought considering that 2012 is a presidential election year and President Obama may be a "lame duck" president without an ability to extend anything past 2012.

Income Tax Provisions

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So what is so important about the 2010 Tax Relief Act? Well, for starters, it will keep our existing personal rate structure in place (10% to 35%). If this had not passed, the old levels would have been put back into place with rates ranging from 15% to 39.6%. The capital gains tax rates will also remain the same with a zero percent and a 15% rate applying to long term gains and a 15% rate applying to qualifying dividends. If the new law had not passed, the rates would have reverted back to 10% and 20% for long term gains and dividends would have been taxed at ordinary rates instead of the 15% rate.

The Tax Relief Act of 2010 - How Does It Affect You?

Anyone who pays withholding taxes should be happy because the social security tax rates are reduced by 2 percentage points which means that the employee portion of the social security taxes is reduced from 6.2% to a temporary rate of 4.2%. This is effective only for 2011. The employer portion will remain the same. Also, the total 15.3% self-employment tax rate is temporarily reduced for 2011 to 13.3%. Self-employed people will still be able to deduct the full amount of the employer's portion as an adjustment to income.

Finally, alternative minimum tax exemptions have been increased in 2010 and 2011. This will help some middle income earners from being subject to the AMT.

There are several personal tax credits and tax deductions that are also extended through 2012. The tax credits that are extended include the Dependent and Child Care Tax Credit (,000 for one child, ,000 for two or more children), the Adoption Tax Credit, the enhanced Earned Income Credit, the Enhanced Child Tax Credit and the American Opportunity Credit. The tax deductions that are extended include a temporary repeal of the dollar limitation on itemized deductions for higher-income earners, temporary repeal of the phaseout for personal exemptions, deduction for student loan interest, sales tax deduction (which is an optional itemized deduction in lieu of the deduction for state income taxes), and tuition and fees deduction (expires in 2011), classroom expense deduction (through 2011).

Estate Tax Provisions

The 2010 Tax Relief Act affects the rules governing federal estate taxes, gift taxes and generation-skipping transfer taxes for 2010, 2011 and 2012. For those who die in 2011 or 2012, the federal estate tax exemption will be million (it went away for 2010 and was .5 million in 2009 and 2008) with the estate tax rate for estates over million being taxed at 35%. The estate tax is also unified with the federal gift tax and generation-skipping transfer tax meaning that the exemption for each is million and the tax rate for both is also 35%.

Something unique to the 2010 Tax Relief Act that we haven't seen in prior years is the ability "portability" of the federal estate tax exemption between married couples. In 2009 and before, married couples could each pass their federal estate tax exemption (in 2009, that would have been million for a couple) by using a revocable trust that had A/B provisions, also known as credit shelter provisions. The new law allows married couples to add any unused portion of the estate tax exemption for the first spouse to die the surviving spouse's estate tax exemption. In theory, a married couple should be able to transfer up to million to their heirs free from estate tax without having to use a credit shelter trust. However, it is not exactly clear how this is going to work as this has never been done before. Contact the Law Offices of Laurie Ohall for more information.

The Tax Relief Act of 2010 - How Does It Affect You?

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Medical Device Patent Litigation is likely to increase?

Friday, October 7, 2011

Patent litigation in the field of medical technology can be expected? Recent studies suggest that some features of patent applications with a greater likelihood that some patents end up in court tend to correlate. Innovation is the heart of the medical device industry. As with many industries, if you're not constantly working to bring new products and technologies on the market, there's a good chance that you will not survive. Companies that are successful, and continuessurvive to invest millions of dollars a year in research and development to create new products or better. The companies that succeed, to survive and continue to invest millions of dollars a year in research and development to create new products or better. Not only are these companies investing in the development of new technologies, but also investments in the protection of their innovations through the patent system. In fact, for the 2006 fiscal year, the U.S. Patent andTrademark Office (USPTO) presented a record of more than 440,000 patent applications, provided that more than double the number of applications a decade ago.

Provided, of course, with a record number of patent applications and the large number of patents each year would be logical to expect that the number of patent applications related complaints also increase. Recent statistics tend to justify this logic, as more and more patent holders, the courts are intended to protecttheir valuable intellectual property. For example, from 1995 to 2005 the number of patent cases filed in the United States has increased from about 1,700 to more than 2700, an increase of 58% in 10 years.

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However, the possibility of a lawsuit while 'on the basis of probability. While the number of cases of patent applications has increased steadily over the past decade, it is interesting to note that recent studies estimate that on average only 1% of U.S. patentsprocessed. However, these studies also note a number of properties, to predict whether a patent will probably tend to be processed. These features include: (1) the number of claims describing the invention, (2) the number and type of prior art citations, and (3) the "seal" the technology sector. Every feature is less, including as regards the characteristics described in the medical device industry.

Medical Device Patent Litigation is likely to increase?

Number of complaints

A patent must be at leastargued that describes with specificity what the applicant regards as his invention. The claims of the patent are often likened to the description in a deed of property, both to define the limits and scope of the property. Since the demands of the limits of the invention, the applicant is an incentive for the invention is defined by a series of large claims. But in some technical areas where there is a large amount of prior art, the applicant can establishTo avoid the invention through a series of narrow claims, the state of invalid.

And as the number of applications seem to be related to a patent, the probability that the patent will be treated in a day? Empirical studies have found that patents developed a larger number of claims processed as a non-contrast patents. In fact, one study found that about 20 patents developed arguments were, on average, compared to only 13 patent applications are not processed. The researchers quotesome reasons to help explain their findings: the perceived value of the patent and the limited range of patented technology.

The claims are simply the most important part of the patent. Therefore, should not be surprising that purports to design and expensive to be pursued. Paying more money for a greater number of claims suggests that the patent holder believes that a patent with claims worth more probably more. However, some researchers concludethat the basic patents are processed more claims are not treated as patents, the patent holder would be useful to know the patent, provides the prospect of legal proceedings, and to help as a result of multiple complaints, drafted patent.

The field of technology protected by patents, which may also explain why patents should be treated with a rather large number of complaints. In a crowded field of technology, it is probably more competitors that are developing similarProducts. So it makes sense that patents that have a large number of complaints in this crowded areas tend to conflict with competitors.

A general idea of ​​how the number of claims for the medical device industry for the last 50 issued patents have been analyzed for endoscopes. The results show an average of 17 requests per patent. This number is somewhere in the middle of the call numbers for the patents cited treated and untreatedfirst. It seems likely, according to empirical studies, that patents are more likely processed. In addition to a greater chance handled, can these results show that the medical industry crowded values ​​its patents and anticipates litigation, with the result that patents with a higher number of credits.

Quotes of the first Art

Under U.S. patent law, the inventor and any other person who is involved in the contentin the preparation and prosecution of a request has the duty of all known information material to the patentability of the invention are known. To meet this requirement, patent applications in the control file, and as a statement of disclosure of information, which refers generally known as IDS. In IDS, the applicant lists all U.S. patents, foreign patents and patent literature, who are aware, and that is relevant to the invention. It also performs a patent USPTO examinerSearch for the state of the art and may with the prior art against the applicant, which was not previously known citation in an IDS.

When a patent is granted, the quotes of the art of records during the first charge listed in the patent at the USPTO. The researchers used this quote for information to conclude that the number of citations of art appear in a patent is a good predictor of whether a patent can be processed. One study found that processed an average of 14.2 patents citedPatents in the United States, while only 8.6 unprocessed patents cited U.S. patents. The study also showed that treatment more patents as prior art by other issued patents are cited, and that patents are processed more self-citations, ie citations to patents owned by the applicant.

How to compare patents in the field of medical devices? Even with the small sample of the endoscope cited patents as a proxy for the medical device industry, the average number of U.S.Patents, was quoted as 37 The most significant study is the discovery of 14.2 U.S. patents. This result means that patents for medical devices tend to be treated? Not necessarily. The study found that two specific categories of art earlier citations (citations received and self-citations) as significant predictors of litigation. Although the study did not mention a means of self-citations, he finds that obtaining patents is processed an average of 12.2Citations of other patents, which averages only 4.1 citations for patents were not processed. Were the average number of citations and self-citations received patents for the endoscope only 1.74 and 0.34. However, as the authors of the study suggest that the large number of famous quotations in this set small example can be found to indicate that the applicant is to be expected, the prospect of litigation and has taken measures necessary to ensure that the patent as strong as possible. Alsothe large number of citations can be attempted in the state of the art field crowded and highly competitive medical device to obtain.

The crowded field

Both properties have previously discussed patents developed the idea of ​​crowded technological fields mentioned. It may be obvious, but the term "overcrowded area" refers to an area of ​​technology in which they define many competitors and many issued patents to the technology. Sun patents issued inare crowded area, by definition, more competitive and thus more possibilities that the patent will be processed.

Under current U.S. patent classification, including more than 430 classes, eight classes, apparently, directly linked to the field of medical technology in context. Within these eight classes, there are over 2300 sub-classes, which can be classified as a medical device patent. The large number of classes and subclasses seems to suggest that the medical deviceSector as a whole would, most likely as a crowded field. In addition, most medical device manufacturers are demanding a better understanding of the value of their intellectual property. Since innovation is the lifeblood of the industry, it makes sense that the industry protects more of their inventions, which leads to more medical device patents issued. So, more patents in technology for a greater likelihood of patent litigation in bringing thisField.

At least one study shows that patents on medical devices are much more elaborate than the average of all patents. The study provides an explanation of why patents for medical devices are more likely with the finding that the medical device industry are treated as a whole, view patents as valuable assets.

Completion

Patent litigation is rising. Have conducted empirical studies in recent years, some of the identifiedProperties, strong predictors of whether a patent can be processed. , A large number of lawsuits and increase the state of the art of citations a patent on the ground the possibility of court. A crowded field of technology can also lead to a higher risk of patent litigation.

Through the crowded in a range of products in the medical sector is expected to remain highly controversial. Of course, this race to the courthouse indicator of the value that the industry as a whole placeson its innovations and thus its survival.

© 2007 Gallagher & Dawsey Co., LPA April 2007

DISCLAIMER

Please understand that we do not give accurate legal advice to all inventors in a short article on matters related to intellectual property. Consequently, there is nothing in the above determined as legal advice for any specific person. Legal assistance can be given by a qualified professional, after a careful examination of all circumstances. We ask you to informus or another qualified professional before proceeding.

Medical Device Patent Litigation is likely to increase?

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2009 Complete Guide For Restaurant Real Estate Investments

Tuesday, October 4, 2011

The restaurants are a popular commercial real estate for many investors, because:

Tenants often sign long-term, for example 20 years absolute triple net (NNN) leases. This means, besides the rent, tenants also for real estate taxes, insurance and pay all maintenance costs. The only thing the investor has to pay the mortgage, which in turn provides a very predictable cash flows. There is a responsibility or not, or only a few landowners, because the tenant is responsible for maintenance. This allowsinvestors more time to do important things in life such as retirement. All you have to do is to review the rent to the bank. This is one of the main advantages of investing in a restaurant or single-tenant property. If you are rich or poor, people need to eat. Americans eat more often, because they are too busy to cook and clean the pots and pans on what are often the worst part! According to the National Restaurant Association, the nation's restaurant industry is currently involves937, 000Restaurants and expected to reach $ 537 billion in revenue in 2007, compared to only $ 322 billion in 1997 and $ 200 billion in 1987 (at current prices and exchange rates). In 2006, for every dollar Americans spend on food, 48 cents was spent in restaurants. As long as it is the civilization on earth, there will be restaurants and investors feel comfortable that the property is always in high demand. You know your tenants will take very good care of your property because it is in their interest to do so. Only a few customers, if they ever wanted in a restaurant, a dirty bathroom and / or waste in the parking lot must go.

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However, restaurants are not the same ... from the perspective of investment.

2009 Complete Guide For Restaurant Real Estate Investments

Compared Independent Franchise

We often hear that 9 out of 10 new restaurants not in the first year, but this is just an urban legend, because there are no conclusive studies on this issue. There is only one study of hospitality Associate Professor, Dr. HG Parsa of> Ohio State University, the new restaurants in the city of Columbus, Ohio, is pursued during the period from 1996 to 1999 (Note: it must be concluded that the results are the same everywhere in the United States or other periods). Dr. Parsa found that the fish restaurants are more secure and joint Mexican restaurants you'll experience the highest failure rate in Columbus, OH. His study also found 26% of new restaurantsclosed in the first year in Columbus, OH with a maximum of 1996 to 1999. In addition to economic failure, the reasons for divorce are restaurants nearby, poor health, and the refusal to commit a lot of time on the functioning of society. Based on this study, we can predict with certainty that the more time the restaurant is in the business, the more likely they will be operational next year, so that the landlord continues to rent obtained.

For franchised restaurants, a franchiseecertain minimal amount of non-borrowed money / capital, including $ 300,000 for McDonald's to qualify. The franchisee has a franchise fee to pay only about $ 30,000 to $ 50,000 and royalties of 4-12% of current sales. In return, the franchisee receives training on how to set up and manage a business and successfully tested in part, without worrying about marketing. As a result, gets a restaurant franchise customers, once set, the open nature. If the franchisee,conduct the activities at the headquarters of the franchise to replace the current series with a new one. The king of franchising restaurants, the fast food chain McDonalds, with more than 32,000 locations in 118 countries (about 14,000 U.S.) from 2010. It has an average of $ 2M of revenue per seat in the United States. McDonalds now cover a market share of 46% of $ 58.88 billion U.S. fast-food market. Distant parts of Burger King behind with 14.3% market share. Success of McDonalds' is obviously not the resulthow his tastes delicious Big Macs, but otherwise much more complex. A survey of 28,000 online subscribers to Consumer Reports magazine ranked McDonald's hamburgers last among the 18 national and regional chains of fast food. He received a score of 5.6 on a scale of 1 to 10, with 10 being the best, behind Jack in the Box (6.3), Burger King (6.3), Wendy (6.6), Sonic Drive In ( 6.6), Carl's Jr. (6.9), Back Yard Burgers (7.6), Five Guys Burgers (7.9) and In-N-Out Burger (7.9).

Fast food chainstend to identify new trends faster. For example, are open until 5.00, as Americans increasingly buy their breakfast earlier. They are also selling more milk, coffee and fruit smoothies compete with Starbucks and Jumba juice. You may also see more salads on the menu. This will give customers more reasons to fast-food restaurants to stop and their appeal to different customers.

With independent restaurants, it often takes a while 'to come to its clients andlook for food. These structures are particularly harsh in the first 12 months of opening, in particular with the owners of little or no proven track record. So, in general, "mom and pop" restaurants risky investment because of weak initial sales. If you want to invest in a non-brand name of the restaurant, make sure that the return is proportional to the risks you take.

Sometimes it is not easy to tell if a restaurant is a trademark or brand. Some restaurant chains onlyoperate, or in a certain region is very popular. For example, Whataburger restaurant chain with over 700 offices in 10 countries and a popular fast-food restaurant chain in Texas and Georgia. It is not known on the West Coast in 2010. Branded chains tend to have a website, where all sites and for more information. So if there is a restaurant by Google or Yahoo, you quickly realize, when an unknown name is a trademark or not. They receive basicConsumer information on almost all chain restaurants in the United States on Wikipedia.

Lease and rental guarantee

Tenants often sign a lease term absolute triple net (NNN). Property taxes, insurance and maintenance: This means that in addition to basic rent, but also to pay all operating expenses. For investors, the risk of maintenance eliminates the uncertainty and cash flow is more predictable. The tenant can also guarantee the rent with his orCorporate values. Therefore, if too close, have a business that will continue to pay rent for the duration of the lease. Here are some things you need to know about the lease agreement:

In general, the more the guarantee is the lower the return on investment. The guarantee of McDonalds Corporation, with a strong "A" by S & P corporate rating of a public company is much better than a small company owned by an affiliate with several restaurants. Consequently, aMcDonalds Restaurant with the leasing company usually offers low-Cap 6-7% (return on investment in the first year after purchase), while McDonald affiliated with a guarantee (over 75% of McDonald's restaurants owned by franchisees) of 6 in able to offer 5 to 7.5% ceiling. How to determine the level of risk you are willing to take because you do not get, is low risk and high yield in a plant. Sometimes a multi-location franchise is forming a parent has for all restaurants. Each restaurant is in turnowned by a single unit of a limited liability company (LLC) to protect the parent company of liability. So the guarantee rent from Budget LLC does not mean much, because there is not much wealth. A good, long warranty is not a lemon, a good car. Similarly, a strong guarantee is not a lousy restaurant a good investment. It simply means that the tenant agrees to pay you rent. So do not judge a property mainly on warranty. The warranty is good untilThe company guarantees that filed for bankruptcy. At that time, the company has reorganized its operations by closing sites with low turnover and retain the documentation (such as those with high turnover). So it's more important for you to choose a property in a good position. If there is a low coverage (for example, from a small, private companies) are the case, you get two benefits: payment of rent on time and with high efficiency. If you happen to invest in a restaurant "Mom & Pop", make sureall customers, for example, both mom and pop to ensure the lease with the property. The guarantee in case of a lawyer, so they are well protected to control.

Location, Location, Location

The worst restaurant could be in a good position to fail, while those with a good menu in a bad place. A good position is strong revenue for the operator and is especially important that you as an investor. It 'was thisFeatures:

High volume of traffic this way to attract more customers to the restaurant and as a result of higher income. So, a restaurant at the entrance of a regional shopping center or Disney World, a large shopping center, or university is always desirable. Good visibility and signage: a high volume of traffic must be accompanied by a good visibility from the street. This minimizes the costs of advertising and on arrival is a constant reminder for the guests SimpleDrop-off: a restaurant on a one-way service road parallel to get away with a lot of highway traffic and good visibility, but not in an ideal location. It 'difficult for potential customers to return in case of no entry. In addition, you can not make a left turn. On the other side is the restaurant directly at the exit of the motorway convenient for customers. Excellent demographics: a restaurant should be good in an area with a large,population growth and high incomes, because it must spend more and more people with money. The company should generate more income to pay for the increase in higher rents. Plenty of parking: Most restaurants are chained to house its own parking for customers during peak hours. If the customer fails to find a parking space in a few minutes, there will be a good chance to jump and / or does not return so often. A typical fast-food restaurant take about 10 to 20 carsSpaces per 1,000 square feet of space. Fast-food restaurants is, for example, need to sit down cars than McDonalds restaurants, like Olive Garden. High turnover: the annual gross income does not say much by itself as the largest - have tended to increase restaurant revenue - in the name of the square footage. Thus, the rent income ratio is a measure of success. Please note that we rent to income ratio in the due diligence for further discussion. HighBarriers to entry: This just means that it is not easy to replicate, this neighborhood for several reasons: the surface is no longer simply be extended to the country or the plan does not allow any further construction of commercial property, or is it more expensive, a similar property to build because of the high cost of land and construction materials. For these reasons, the tenant is likely to renew the lease if the business is profitable.

FinancingConsiderations

In general, the interest rate is slightly above average for the hospitality industry due to the fact that they are single-tenant properties. For the lender, there is a perceived risk, because if the restaurant is closed, you could lose 100% of the income from that restaurant. Lenders also prefer national brand restaurants. In addition, some lenders do not loan out-of-state investors, especially if the restaurants are located in smaller towns. So it ismay be a good idea for you to invest in a franchise restaurants in major metropolitan areas, like Atlanta, Dallas. In 2009, there is a big challenge, funding for the sit-down restaurant for acquisitions, especially for the mom and pop restaurants and regional due to the tight credit market. However, things seem to have improved somewhat in 2010. If you want to get the best rate and terms for the loan, you should keep the national franchise restaurants in major metropolitan.

If the maximum rate is higher than theRate of the loan, for example, maximum rate of 7.5%, while the interest rate is 6.5%, should be taken into account then borrow as much as possible. You get the 7.5% return on your deposit plus 1% return for the money to lend. Therefore, the total return (cash bar) will be higher than the cap rate. Furthermore, because inflation in the near future should be higher because of fuel costs, the money borrowed to finance your purchase from a lower value. So it is even moreTo maximize use of time.

Due Diligence

You may want to consider these factors before deciding to go ahead with the purchase:

Tenant financial information: The restaurant is labor intensive. The average employee makes only about $ 55000 in sales annually. Labor costs and operating of 45-50%, about 7-12% of the rental cost of goods should be like the food and supplies to about 30-35% of sales. So you see the profitsand loss (P & L) statements, where appropriate, with your tax advisor. In the income statement, you can view the abbreviation EBITDAR. IB stands for rhyming AND WARNINGS Ncome T axes, epreciation D (device), A mortization (capital improvement) and R ENT. If you do not see royalties to P & L of a franchise or restaurant expenses related to P & L of an independent stateRestaurant, you can understand why. Of course we want to ensure that the restaurant is profitable after paying the rent. Ideally, you want to see a net profit of 10-20% of gross income. In recent years the economy has suffered a defeat. As a result, restaurants have a decline in the gross income of about 3-4% with experience. This seems to have affected most if not all, restaurants all over the world. In addition, there may be a new restaurant for several yearsreach and revenue potential targets. Do not expect to be advantageous positions, now available in a new way for restaurants chains. Credit history tenant if the tenant is a limited liability company, you may be able to get the tenant's credit history, Dun & Bradstreet (D & B). D & B offers guests Paydex, the equivalent of FICO business, or personal credit history score. This score ranges from 1 to 100, with higher scores indicating better payment practices. A PaydexScore of 75 corresponds to the FICO score of 700 Thus, if the lessee has Paydex score of 80, you are likely to gain control rent promptly. Lease income ratio: This ratio is the rent based on gross annual turnover of the store. This is a quick way to determine if the restaurant is profitable, ie, the lower the ratio, the better the situation. As a general rule, you want to keep this ratio less than 10%, meaning that the position of strong revenues. Ifthe ratio of less than 7%, operators will most likely make a lot of money to pay the rent. The rental guarantee is probably not important in this case. However, do not rent to income ratio to determine precisely whether or not the tenant a profit. It does not take into account the property taxes as part of the rental cost. Property taxes - calculated as a percentage of the appraised value - varies from state to state. For example, in California, is about 1.25% of the nominalValue, 3% in Texas, and up to 10% in Illinois. And so a restaurant with a rent income ratio of 8%, in a country still active and lose money in another. Parking: Restaurants tend to have a greater number of parking spaces needed, because most of the guests, who tend to stay within a small time window. You must be at least 8 cars per 1,000 square feet (SF) of restaurant space. Fast-food places have about 15-18 per 1000SF. Termination clause: some of the long-term lease for the tenant can terminate the lease if a fire has destroyed, and a certain percentage of ownership. Of course, this is not desirable, if that percentage is too low, eg 10%. So make sure to read the lease. They also want to ensure that the insurance also covers loss of rental income for 12-24 months for the property by fire or natural disaster damaged. Price per SF:You should pay about $ 200 to $ 500 per SF. In California, you have a premium, for example, $ 1000 per SF for Starbucks restaurants, usually sold to pay a high price for SF. If you pay more than $ 500 per SF for the restaurant, making the justification for it. Rent per SF: Ideally, you should be in a property where the rent is low for SF, for example, invest $ 2 to $ 3 per SF for a month. This will give space to increase the rent in the future. It also provides low-rentactivities of tenants is profitable, he will be there to continue to pay the rent. Starbucks tend to pay a premium of $ 2-4 per month rent for SF, as they are often at a premium location with high traffic and high visibility. If you're in a restaurant where the tenant pays more than $ 4 per month to invest SF, make sure you can justify your decision, because it is difficult to make a profit in the restaurant, if the tenant pays higher rent. Some restaurants may be aPercentage clause. This means, in addition to the basic minimum rent, the owner also pays a percentage of their income when they reach a certain threshold. Rent: The owner of a restaurant is usually either a 2% annual rent increase or an increase of 10% every 5 years. As an investor, you should prefer the 2% annual increase in rent, because 5 years is a long time to wait for a raise. You also get more for rent with 2% annual increase of more than 10% increase every 5 years.Moreover, as the rent increases every year, so does the value of your investment. The value of the restaurant is often based on the rent it generates. If the rent increases, while the market capitalization remains the same, your investment will appreciate in value. So there is no advantage to invest in a restaurant in a particular area, such as California. It 'important to choose a restaurant with a great location. Rental period: usually for long-term investors, such as 20-year leasedo not bother to find new tenants. During a period of low inflation, for example, 1% to 2%, that's fine. However, if inflation is high, such as 4%, which means they are technically less rent if the rent is increased only 2%. Not a complete picture of the property with several years of lease left, there may be strong upside potential. When the lease expires without options, the tenant may have to pay market rents much higher. Risks than investment returns: asInvestors, like you properties that offer very high yields, for example 8% to 9% maximum rate. And then you can sell a new franchise restaurant, a developer offered to be tightened. In this case, the developer creates the restaurant, complete with furniture, lamps and appliances (FFEs) for the franchisee on the franchise requirements. The franchisee signs a 20 years absolute NNN lease to pay rent for SF very generous, for example, $ 4 to $ 5 per month for SF. The new affiliate is willing to dothus does not need to come up with the money to start a business. Investors are enthusiastic about the high returns, but this can be a very risky investment. What is guaranteed to make money is, is the developer. The affiliate may not be willing to keep in tough times, otherwise no equity in the property. If the job of the franchisee fails, it can not be ready to be able to find a tenant to pay high rents, and you may end up with a freeRestaurant. Keep track of the records of the operator: The restaurant is managed by an operator with one or two newly opened restaurant is probably a riskier investment. On the other hand, an operator with 20 years of business and 30 locations may be more likely to be next year, you pay the rent. Commercial lighting: Some restaurants are sold under the trade in lighting, so be sure to document in writing what is for sale. SpecialConsiderations for 2010, while the fast-food restaurants like McDonalds do well during the crisis tend to sit-family restaurants sensitive to higher prices because of the recession. This can eat double-digit decline in sales during the year. As a result, many restaurants sitting to close during the recession. And so in 2009 there was a series of sit-market restaurants for sale with over 10% cap and long-term lease through regional absolute NNNRestaurants like Smokey Bones BBQ. Some of them were super-prime locations in regional centers, which would have been only rarely available in the standard market, removed. It 'was an opportunity for investors, as the glass of water half full rather than half empty view. Those who are still around in 2010, probably the most suitable. And so in 2010, the capitalization rate of approximately 1% decrease compared to 2009.

Sale Leaseback

Sometimes the restaurant, the operator canSection real estate and then lease back the property for a long period of, say, 20 years. A typical investor would wonder if the operator is in financial trouble, so he paid his debt to the propertyto for sale. It may, but need not be the case, but this is a quick and easy way for owners of the restaurant to get money from the stock for good reason: business expansion. Of course, the operator of the property for refinancing with cash, but that can not be the best option because:

Hecan not maximize profit as lenders often provide only 65% ​​of the value of property in a refinance situation. The loan will be a long-term liabilities balance, the show is not often seen in a positive light. Interest rates are perhaps not as favorable when the restaurant operator is not a strong balance sheet. He may not be able to find all lenders due to the limited size of the market in the credit market.

You will often see two different strategies for cash-out, if you paid the rent for the viewRestaurant Operator:

Rental market conservatives: the operator wants to ensure that pays a rent so low the restaurant industry has a good chance of profit. It also provides speed cap for conservative investors, such as the 7% cap. As a result, pay his money is small or moderate. This can only be a low risk investment for an investor, because the tenant is likely to be able to afford the rent. Significantly higher than the market rent: the operator wantsto maximize their budget price the property is significantly higher than the market value, ie $ 2M $ 1M for a property. Investors are sometimes higher maximum rate, for example, offered 10%. The operator can pay the rent $ 5 per square meter in an area where the rent for comparable properties is $ 3 per square meter. As a result, the restaurant in this location suffer a loss because of higher rents. However, operators get as much money as possible. This property could be very dangerous for you. If the tenantAffairs do not, and declare bankruptcy, you must provide a lower rent to another tenant for your right to the surface.

Leasehold

Every time you see a restaurant for sale in a long lease. The ground lease term can be confusing, since it could mean

You buy the building and lease the land from another long-term investor, for example, had 50 years leasehold. You buy the land in which the tenants own the building. This is the most likely scenario.The tenant is building the restaurant with his money and then usually signed a lease to 20 years NNN lease the lot. If the tenant does not renew the lease then the building has returned to the landowner. The maximum rate is often 1% lower, for example, from 6 to 7.25 percent, compared to restaurants where they buy land and buildings.

Since the tenant has a significant amount of money (either equity or borrowed) to be invested for the construction of the building, we must make doubly sure that thisis the right place for their business. In addition, the tenant fails to pay the rent or not to renew the lease, the building with a huge value to you as a landowner is back. Then the tenant will lose a lot more business and build, if not his obligation. So think twice before not to send checks for rent. In this sense it is an investment unsure of a restaurant that you have both the land and improvements. In addition to the lower eyelidRate are the main disadvantages of leasehold

There are no tax write-offs, such as the IRS does not lose their value of the land. So that tax liabilities are higher. The tenant, on the other side can absorb 100% of the value of property and equipment to offset the profits of the business. If the property by fire or natural disasters such as tornadoes damaged, some leases allow tenants to collect insurance benefits and to terminate the lease without modification of theProperties in the last years of the lease. Unfortunately, this author is not aware that the insurance companies to sell fire insurance to you, why would not own the building. So the risk is considerable, as you may end up holding an empty bag very expensive, with no income and a huge property tax bill. Some of the leases of tenants do not allow all structural repairs such as roofing, in recent years of the lease. This may require investors to spend money for deferredMaintenance and consequently will have negative effects on cash flow property.

2009 Complete Guide For Restaurant Real Estate Investments

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