Address Threat Management – No Ifs and Buts

Statistics prove beyond doubt that cyber criminals are after the sensitive and confidential information of the enterprises. Hence, in normal circumstances, the greatest concern of any enterprise today should be information security. However, the shocking fact is that majority of enterprises do not monitor security and the reason for such an attitude is the high Total Cost of Ownership (TCO), poor risk management, lack of automation and adequate integrated solutions. Though for enterprises these may be genuine reasons for not monitoring security, but these are not acceptable when taking into account the big picture. Therefore, there can be no ifs and buts when it comes to ensuring threat management.

Information is the lifeblood of any enterprise, its greatest asset, as it is this information that drives businesses. The success of any business enterprise largely depends on the confidentiality, reliability, availability, and security of information. Every enterprise generates and mines huge chunks of data every minute. This data carries potential risks and therefore it should be handled very carefully. According to McAfee’s Unsecured Economies Report, businesses lose more than $1 trillion in intellectual property, due to data theft and cybercrime annually on a global basis. This is one of the reasons why the federal government formulated several regulations such as HIPAA, HITECH, PCI DSS, ISO, COBIT, FISMA, SOX, BASEL II and so on and adopted a carrot and stick approach to ensure that the enterprises comply with these regulations. Therefore, when enterprises fail to monitor security, they are actually taking enormous long-term risks at the expense of any short-term cost advantages.

Depending on point solutions such as firewalls, antivirus, spam filters and so on are not enough to counter new age security threats. Enterprises need a unified security monitoring solution that allows their users to access applications and information where and when it is required, without exposing the organization to security threats, data loss and compliance risks. With automated enterprise compliance management software, enterprises get end-to-end integration of security monitoring with IT governance risk and compliance (IT GRC).

Hence, instead of taking a laid-back attitude and then lamenting about the loss, enterprises need to proactively deploy effective information security and compliance management solutions and be relaxed.

The Overtime For Exempt Employees

According to the Fair Labor Standards Act (FLSA), some employees are exempt from the payment of an enhanced rate of pay for each hour over forty (40) in a work week, also known as ‘overtime’. While employers are not required to compensate otherwise exempt employees, some employers choose to pay additional compensation to exempt employees for additional work. In order to keep the exemption, employers need to provide this compensation carefully and in compliance with applicable laws.

Pursuant to Section 541.604 of the FLSA, an employer may provide an exempt employee with additional compensation beyond the employee’s regular salary without losing the exemption or violating the salary basis requirement, if the employment arrangement also includes a guaranteed salary of at least $455 per week, without any deductions for additional compensation may be in the form of a bonus, flat sum, additional time off, or time and a half or straight time pay for all hours the employee works beyond a normal work week.

The normal work week can be defined by the employer as it determines is appropriate for the salaried employee and does not have to be in accordance with the requirements of the FLSA. Therefore, an employer can determine how many hours it wants to declare constitute a normal work week for salaried employees. For instance an employer can have a policy that it will only pay straight time to employees for all hours worked over 50 hours per week, not the 40 hours as required for non-exempt employees.

The Federal Acquisitions Regulations (FAR) state that the use of uncompensated overtime, “hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees who are exempt from the Fair Labor Standards Act, is not encouraged.

Furthermore, if you are not going to pay overtime to overtime exempt FAR Regulation 37.115-2 states that when professional or technical services are acquired on the basis of the number of hours to be provided, rather than on the task to be performed, the solicitation shall require offerors to identify uncompensated overtime hours and the uncompensated overtime rate for direct charge Fair Labor Standards Act-exempt personnel included in their proposals and subcontractor proposals. This includes uncompensated overtime hours that are in indirect cost pools for personnel whose regular hours are normally charged 37.115-2.

This section suggests that under FAR the payment of overtime for exempt employees is encouraged when the contract is based upon time and materials. The FAR regulations also require that contractors abide by federal wage and hours laws regarding the payment of overtime to non-exempt employees.

Compensating exempt employees as non-exempt by paying customary time-and-a-half pay can lead to a termination of the exemption and legal action against the employer.

An exempt employee is “exempt” or excused from the overtime pay requirements. Exempt status little to do with the actual job description or title, but rather focuses more on the duties and responsibilities of the employee. Though the definition may vary by jurisdiction, an employee is usually exempt if they have more responsibilities than the average employee, and if they perform tasks that are more managerial in nature.

Exempt employees are not required to punch a clock. The FLSA does not place limits on the amount of time that an employer is allowed to require an exempt employee to work. Again, state laws may have different requirements from the FLSA.

Therefore, such employees are exempt from being paid overtime because it is assumed that the worker is working rather independently and has more discretion in the execution of their tasks. For example, if the person is involved in hiring and firing duties, they will likely be classified as exempt.

Certain categories of workers are automatically listed as exempt, including administrative personnel, executives, highly skilled workers, and licensed professionals such as doctors and engineers. Also, even if an employee is not specifically listed as exempt, they may fit into an overtime pay exemption category based on what their daily responsibilities involve.

Fresno Criminal Attorney Discusses Computer Crimes

“Computer Crimes” is a Broad Term

Computer crime encompasses many different acts having to do with computers and the internet. California Penal Code defines “high tech” crimes in terms of using technology to commit or assist in committing a crime. Extracting or using personal information with the help of a computer can lead to identity theft and fraud. Other computer crimes include:

Piracy cases tend to receive a lot of media coverage, perhaps because it is such a common activity. But the penalties for piracy can be very steep. If you are accused of computer piracy, do not wait before contacting a Fresno computer crimes attorney.

How Widespread is Computer Piracy?

One survey by Business Software Alliance of 15,000 people from 33 countries found that 57% of respondents reported acquiring pirated software (or software that was not properly licensed). While most of these respondents reported only “rarely” pirating software, around 5% reported that they “always” used pirated software. Even if these numbers proved to be inaccurate, it would be safe to say that piracy of software, movies, and music happens all the time. Law enforcement agencies on all levels have cracked down on piracy, often in an attempt to make an example out of someone and discourage others from pirating copyrighted works.

Consequences of Conviction for Computer Crimes

Because computer crimes cover such a broad range of activities, consequences vary. Fraud and / or forgery under California law may get the convicted person a fine of $1,000 and a year in jail. If computers are used for embezzlement, the penalties escalate with the amount of money embezzled. Federal laws on piracy are strict too. Under U.S. law, civil penalties for willfully infringing the copyright of a software owner can be as high as $150,000.

Contact a Fresno Computer Crimes Attorney without Delay

If you are accused of a computer crime, whether it’s phishing, piracy, or any other type of computer-related crime, you need to call a skilled Fresno criminal attorney with experience in computer crime cases as soon as possible. Do not talk to police without your attorney present. Many people find that by talking to police before calling their attorney, they further incriminate themselves and make it that much harder to develop a strong defense.

Protect Your Legal Rights

When you are accused of computer crimes or any other type of crime, you still have legal rights, and it is important that you protect them fully. Protecting your rights does not mean that you will “get away with” a crime, but it does help ensure that if there is a trial, it will be as fair as possible. By contacting your Fresno attorney as soon as possible, and by being absolutely honest with him or her, you maximize your chances of being treated fairly by a prosecutor, a judge, or a jury. And if you are convicted, a skilled defense attorney can work with the court on sentencing to get you the most favorable possible outcome.

Avoiding Internet Crimes And Their Penalties

Be it for classes or social networks, a job or leisure, many people over the worldmake use of the web on a daily basis. Unfortunately, not everyone makes use of it with good intentions. Last year, the amount of money wasted on cyber offenses surpassed $550,000,000, over twice the loss from merely the year before. The following are a few of the most widespread online crimes, and ways you could steer clear of becoming a victim.

The most typical kind of cyber law-breaking is identity theft. This happens when a person sets up a site (or distributes a message directing recipients to the site) with the intention that the victim provides his or her personal information, including bank card numbers or SSN. The individual or group driving the con then uses your credit card for transactions, or with debit cards, deplete your account. This also can occur if you unconsciously saved a computer virus from a site or e-mail attachment. You’ll want to exercise caution prior to getting any kind of file from an unfamiliar website, and get some type of virus protection for the system. Additionally, keep clear of any unwarranted business enterprise proposals from individuals you don’t recognize. These are nearly always a sham, and people found in charge of producing and releasing viruses may face prison time.

One more net crime which could have an effect on several thousand people, even sizeable organizations, is hacking. Hackers use several ways to obtainpasswords and various other data with a purpose to replace a webpage’s information, send messages from other people’s names and gain access to your private data.

Based on the hacker’s intended victim, this may end in substantial and wide-spread trouble. In addition to several other consequences, this tends to result in a sentence of as long as 36 months of prison time; any individual endeavoring to get into a government page or network system can be looking at a full ten years in jail. Updating passwords regularly is a good technique to dissuade would-be online criminals, but every now and then this takes place despite the strength and durability of your attempts to preserve your computer.

Free Online Legal Tools – Are They Really Helpful

How can we get the best from the legal resources online?

Most of us have encountered problems with not knowing what to write or which form to use when faced with a legal issue. And Internet provides us so helpfully with many documents which we can use to solve these issues. Of course, if you are a lawyer or have a solid background with legal issues, most of these online tools might be not very useful for you. However, the majority of people do not have such knowledge and these tools can prove to be very useful. However, having some knowledge about the topic for which you need the legal form is helpful and you have a better chance to cope with your issue with the use of online sources.

In most cases the forms include the bare minimum needed for legal forms. If you need something more sophisticated, it is very likely that you will have to contact a specialist, after all. Also, be aware that not all of the forms are as good as promoted on the websites and the judgment which one to use is yours. You can check forums, of course, but that also takes time. The best way to choose is if you know someone who has used them and they were fine for them. Many companies offer both free and paid documents, that’s whyit is good idea to look through the free ones and if they prove to be good, you can contact the company and ask for a document tailored to suit you needs, but also at a reasonable price.

Another huge problem is formatting and it is often underestimated. You know what to include, but fighting with spaces, columns and tables is time-consuming. Plus, it happens very often that once you think that you have done the whole document perfectly and you have printed it, it turns out that we have missed something trivial, but important. Years ago (when there was no Internet), I had a situation when I forgot to include the date after spending a good amount of time formatting an affirmation. Luckily, I was able to include it manually but I might have not been so lucky. Now, I use Internet templates quite often but always check several types before deciding which one will fit my needs best.

Also, another important thing is that you need to make sure that these documents and forms are for your country and even for your region. It would not make much sense to use US, Canadian or Australian templates if you live in the UK. That is also true for the region in which you live. No matter what kind of online templates you have used, it is a good idea to bookmark the source from where you took it and to save an electronic copy before you submit it anywhere.

Generally, these documents can be very helpful, but do not trust the first legal form you see, make a good research and get the free legal forms you require. Sometimes, of course, it is better to look for personal help and not rely solely on Internet. All these online resources can be a great help but you should know (or learn) how to use them.

Debt Recovery Services Offered in Uk-Practical Aspects

Debt recovery agencies offer such services in association with its network of debt recovery professionals including collectors and lawyers across various industry sectors. The services offered by such companies include commercial, corporate and sovereign debt recovery.

Such debt recovery companies combine a variety of pre-legal recovery and negotiation strategies aimed at amicable settlement while looking to avoid litigation for debt recovery. The aim is to avoid litigation unless it is absolutely necessary as clients may want to continue having a commercial relationship with the debtor in future.

Pre-legal debt collection services include a combination of letter and possibly telephone based requests. Pre-legal debt collection strategies and methods include issuing of a letter before contemplated action and in instances where a client has several debts to be collected, prioritizing such client’s debtors for payment. In deserving cases, pre-legal negotiation strategies also include working on a new repayment plan for debts which would have otherwise been written off.

Communication with the debtor, face to face negotiations with the debtor (where possible), letter before action, collections is the typical pre-legal debt collection services.

On failure of pre-legal debt collection measures, recourse is made to legal action for debt recovery. Debt recovery companies work with and instruct lawyers for this purpose across different jurisdictions. Such companies also coordinate and manage any kind of litigation against the debtors. They aim at not only securing judgments and awards but also at enforcing them.

To seek successful enforcement of judgments and awards, such companies can at client’s instructions also offer other services that help in identifying attachable assets. Such ancillary services include preparing trace reports and making necessary collections, preparing pre-sue reports, asset trace reports, company search report and property related search report.

Morgan Walker Legal Services Pvt Ltd under the trade name Debt Recovery Counsel provides such services on a No Success/No Fee Agreement basis. On successful recovery of a debt however, a small commission is charged. Lower the claim amount higher the commission charged. The commission rates also vary depending on other criteria such as individual one off claims, bulk debt recovery requests, international debt recovery etc.

Claims run on Morgan Walker Legal Services Pvt Ltd’s web managed service costs you nothing win or lose. Personal phone calls and personal visits and conversation with representatives and /or solicitors engaged by Morgan Walker Legal Services Pvt Ltd are however additionally charged for.

Whilst best efforts are made to avoid matters progressing to litigation, if matters however do so progress, solicitors who enter into a No Success/No Fee Agreement in relation to their legal costs are appointed. You may in the process be advised to take out a litigation protection insurance policy to protect against any other potential costs. The No Success/No Fee Agreement that you would be required to enter into with us, would further clarify the terms of engagement and percentage of success fee charged on engaging lawyers engaged by Debt Recovery Counsel.

How to Look Out For Business Fraud And Help Your Business?

Whether you are in your own country or in foreign land, you will often hear about corporate frauds happening every now and then. Business world today is far more complicated than before mainly because of the new technologies and government policies and practices that are involved. No wonder people turn out for ways to make easy money and search for effective business sham which they hide such sham plans with various causes. However, it is important that you have a business fraud investigator in your firm if you feel something is not happening the right way. Business isn’t an easy task to handle, an employer has to look and manage several company departments and all this never gives them enough time to scrutinise the business or corporate frauds emerging in your company.

On the other hand, there are many business owners that fear that exposing the business sham in the company can lead to bigger problems in the future as the news might get leaked in the market and get printed in the newspapers and that can ruin the reputation of the firm. However, there are many lawyers and solicitors that handle corporate fraud and business fraud cases privately and the basic structure of the investigation is all about questioning the employees and executives of the company randomly. The questions that these investigators ask are all connected to the company sham and finally their findings help them reach the main culprit involved in the company sham

The investigation also goes on secretly with the help of IT staff that can provide all the data and information that will be used to trace and find where and when the fraud has happened. This way, the culprit is identified and at the same time, the company can formulate better policies so as to plug in the business loopholes thereby helping them prevent such shams from arising in the years to come. No one is spared from the heat of investigation and every person is questioned which causes a stressful atmosphere in the company. A lot of information gathered while the investigation process is kept confidential which is the best thing about corporate fraud investigation and therefore you can be sure that your corporate trade secrets and information are safe and secured .

When you are looking for help on corporate and business fraud you will need to look out for experts that can provide you with better information and expertise. A lawyer who has several years of experience would be your best choice. Though the US corporate frauds are handled by the federal agencies, but when it comes to private companies, they are free to hire private corporate fraud lawyers to solve their case with great attention and care. Corporate and business fraud usually focuses on various issues like money laundering, tax evasion, bribery, bank fraud, commodities fraud and even financial violations. Some of the executives that are involved in corporate and business fraud are also involved in tax violations, inflating revenues and falsification of financial documents and information and misuse of corporate property and conspiracy against the corporate firm.

Protect Your Websites Copyrights Through Commercial Litigation

When it comes to ownership or violation of the infringement act set by the law, firms need to take assistance of commercial litigation services that would provide satisfactory results. Most firms fall apart due to differences between partners and also regarding the ownership right of each partner, this is when proper legal formalities can solve the issues. Online firms have been facing threats from close competitors by using the domain names that are strikingly similar except for a small change in detail which would ultimately give an undue advantage for the competitor.

Taking legal action against the violators should be done in a careful manner so as to safeguard the interests of the firm. Commercial litigation service would ensure the right kind of justice that could help businesses to oversee the threats from close quarters. With the growing importance of online trade, it is important that all the business entities are protected from external factors that hamper the growth prospects.

Internet lawyers can clearly be able to chart out various terms and conditions that can have legal implications in case of any violation by another source. Websites are prone to content duplication, plagiarism, imitation of the design, defamation and also copying the domain name. Most of these factors are crucial to maintain the true identity of a business that is needed to establish astonishing growth rate.

There might be several conflicts that may arise from various sectors when it comes to an online firm. Some of them include the web hosting agreements, violation of rules by contributors to the website, website promotion agencies, web designers and also the clients who establish contacts with the online firm. A commercial litigation expert can guide these firms to win legal battles against those who have violated the terms and conditions of the business.

Intellectual property rights of internet related businesses are crucial for long term business prospects. Commercial litigation lawyers help in drafting key rules and regulations in these matters to make the company free from any disputes in the future. Choosing the services of an established lawyer is important to take care of the interest of the online firms. Internet dispute settlement lawyers can deliver quick solutions to the ongoing problems and can successfully draft charges against those who are guilty of violating the terms and conditions.

Through the support of internet lawyers one can successfully sue those who are guilt on charges of infringement of the law. Website protection is important for any business to establish its reputation and also to avoid any large disparities with the competitors. Commercial litigation lawyers will provide services that would address various legal issues that might arise in the future.

With changing trend of legal framework it is important to hire for the services of reputed cyber lawyers who can provide the right kind of protection to the clients. Activities such as cyber squatting and typo squatting can be controlled to a great extent through the support of commercial litigation lawyers.

Why Should Be One Aware of Check Scams And Scammers?

In today’s world, everyone is behind one goal, which is to make quick money. Many people do not have creative ways to make money. They are creative but in a negative sense, they do frauds and all types of swindles that one should not get involved into. People who do these types of frauds are very much aware of the rules hence they play by the law and make their own rules and system, which is unlawful. The people who suffer from these frauds often say that they did not find any type of risk with the dealings, which caused them the fraud. Thus, awareness is very important among people who want to be safe and do not want to be involved in any such scams. There are many types of swindles such as check scams.

Check scams is common nowadays due to the fact that people are not aware about the procedure, which goes on in bank and the type of check which is being issued. The only way to check is with the bank to get the correct information about the account holder and the transaction. People who do such type of swindles are scammers who know every thing about the system and ways to play with it. The important thing to note is that whenever you deal with check, always remember to check with the bank the background of the person and his/her previous transactions. This is not as easy as it looks but when you provide the bank with reasons for the same, the bank will provide you with the correct information and the type of transaction history the person holds.

One has to take care of various things while accepting checks. You should check that the amount is not above the actual cost of the merchandise that you are selling. In addition, always question the reliability of check, which has a huge amount stated on it. Now the important part comes into play, always check whether the account is in the name of the person who is providing the check, because in some cases, the check might be stolen and the signature can turn out to be fraud. Even after the clearing of check, the real owner of the account can stop the payment or after its clearing, the bank can declare the transaction as fraud.

Irvine DUI Lawyer

A majority of people consider DUI charges grave and would rather preferred other types of petty case charges but DUI. Judges and juries tend to have fewer sympathies even for first time offenders. This is because of the cases of auto accident injuries and deaths that rise from drunken driving. It is important to note that despite the gravity of the case that is facing you, having Irvine DUI lawyer will help your course. It is within your rights even if you are guilty to have a lawyer. As such, the prosecuting officer needs not to persuade you to take a plea bargain without your lawyer being present.

First and foremost, you are regarded innocent until proven otherwise by a court of law. Therefore, before then you need a lawyer will help poke as many holes on the charge sheet as possible. There are a number of reputable law firms in Irvine that specialise in DUI cases and have assisted thousands of its clients reduce the charges before them or have the cases thrown out due to legal technicalities.

Unknown to some people is that the burden of proof lies in the effectiveness of the breathalyzer utilised. The Irvine lawyer that you choose to use will be able to assess whether there is proper maintenance carried out on the device. In addition, when the sobriety test was being carried out, he/ she will be able to determine whether the weather conditions and other elements such as oncoming traffic lights played a role on the sobriety test outcome.

Nevertheless, before making a decision on who to represent you, there are several factors you need to keep in mind to ensure that the person your select has what it takes to represent you.

The lawyer needs to have the much needed expertise and experience needed to handle the case. This can only be accomplished if the person handled several other similar cases as yours in the past five years.