What is Insider Trading?

Posted by on Jul 25, 2013 in Commodities and Securities, Insider Trading | 0 comments

It is common knowledge that both Martha Stewart and Enron were busted for insider trading. However, many people are unaware of what insider trading actually is, and that there are legal and illegal forms of it. The SEC serves to regulate stock trading within the U.S. and go after those who chose to engage in illegal insider trading. When regulations aren’t followed, it corrupts the market that relies on the fairness of competition and participation in order to run properly.

When an employee buys or sells stock from the company they work for, that is considered legal insider trading. The line between legal and illegal trading is crossed when a person can impact a company’s stock price, and then makes a trade based on that knowledge. For example, an employee who finds out that their company will have higher annual revenue than expected and then buys shares in their company based on that information, has just committed a form of illegal insider trading. If that employee shares their information with friends or family who then buy company shares, then the friends and family are considered to be engaging in illegal insider trading as well.

According to the website of commodities and securities lawyer Peter J. Berman, a person violates the law when they breach their duty to keep certain information confidential. The employee who gave information to his friends and family breached this duty. Even though these people are outsiders, they are liable for securities fraud because they are using inside information to their own advantage. This liability is called the misappropriation theory, and applies to people who receive material information that isn’t public.

Using inside information is illegal because that knowledge is not available to everyone trading, and therefore, gives the person with that knowledge an inside advantage. The United States has some of the strictest laws against illegal insider trading, and the SEC goes to great lengths in order to enforce them.

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Medical Mistakes and Cerebral Palsy

Posted by on Jul 24, 2013 in Birth Injuries, Cerebral Palsy, Medical Malpractice, Personal Injury | 0 comments

Each year, around 10,000 babies develop cerebral palsy, and unfortunately, thousands of these cases are a result of medical malpractice. When proper procedure is not followed, it can have permanent results for your child.

Cerebral Palsy is caused by a brain injury that occurs during brain development. It typically develops by the age of three and can have symptoms such as stiff or weak muscles mainly in the arms or legs, tremors, irregular twisting motions, or fragmented motor movements. Affected babies are often slow to learn to roll over, crawl, walk, or smile. Mistakes such as failure to recognize seizures, leaving the baby in the birth canal too long, or failure to treat the mothers changing conditions are medical mistakes that can cause babies to develop cerebral palsy. A few signs that can indicate your baby may be a victim of medical malpractice leading to cerebral palsy include:

  • Your baby required oxygen after birth
  • Your baby required CPR, a brain scan, or special care after birth
  • Your baby had seizures either immediately after birth or within 3-4 days of life

Brachial Plexus palsy is a common birth injury involving weakness arm, shoulder, or hand muscles. Most infants with brachial plexus palsy make a complete recovery, but some continue to suffer from arm weakness and require physical therapy or surgery. A brachial plexus injury can occur naturally, but according to the website of the brachial plexus attorneys of The Driscoll Firm, there are some medically negligent events can cause this injury during birth. These events include failure to perform an appropriate c-section, excessive stretching or manipulation of the neck or shoulders, or the use of forceps.

Treatment, therapy, and surgery can be draining, so it is important to contact a cerebral palsy lawyer if you believe your child is suffering from cerebral palsy due to medical malpractice.

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Warning Signs of Nursing Home Abuse

Posted by on Jul 23, 2013 in Medical Malpractice, Nursing Home Abuse | 0 comments

If they are not properly cared for, nursing home residents can suffer serious injuries. Sadly, many signs of nursing home malpractice are overlooked because they are thought to be signs of aging. Familiarizing yourself with the warning signs of abuse and neglect can help you prevent a loved one from experiencing unnecessary pain or death.

Slip and falls are the most common injuries among the elderly. Falling is potentially dangerous because of the likelihood of bone breaks or fractures, especially hip injuries. Hip injuries are often the result of a slip and fall, but it is often likely for females that the hip broke first, resulting in a fall. Unfortunately, this can be the result of malnutrition. Regularly monitoring residents can prevent falls from turning into something more severe. When residents are not properly observed, they are likely to experience additional trauma because they were unattended for too long after a fall.

According to the website of the Lake Geneva nursing home neglect attorneys Habush Habush & Rottier, nursing home malpractice often happens when facilities fail to train their employees properly, are short staffed, or don’t give proper medical care when it’s needed. Some signs of abuse may be more obvious than others, but all signs deserve medical attention and further investigation. The more obvious signs are unusual bruising, cuts, bed sores, poor hygiene, weight loss, or infections. Some less obvious signs are a sudden change in behavior, withdrawal, or disappearance of personal items or finances. Another red flag to be aware of is if you visit a resident and staff members delay or refuse access, or refuse to leave the room throughout the duration of your visit. If you notice any of these signs, you should begin by notifying the nursing home’s management. If your concerns go unnoticed, then it is important to know that you have legal rights to protect your loved ones and contact a nursing home abuse lawyer.

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The Importance of Labeling

Posted by on Jul 18, 2013 in Personal Injury, Product Liability | 1 comment

It seems silly to put a “may contain nuts” disclaimer on a bag of Peanut M&M’s, or a “may contain eggs” label on a carton of eggs, but product liability cases have everything to do with these painfully obvious labels. When the average product liability award is around $1.9 million, manufacturers go to frivolous lengths to protect both themselves and their customers.

Product liability involves two principles. The first is that companies have a duty of care not to put their customers in unforeseen danger. Secondly, companies have to provide an adequate warning of foreseeable danger. Of course, costumers have to act reasonably when using a service or product. According to the website of the product liability lawyers of Spiros Law, P.C., a product may be safe if used for its intended purpose, but it is potentially dangerous if used in another way. This is why products are required to have a clear and concise warning about these dangers.

Not all labels are as laughable as a chainsaw’s warning not to “hold the wrong end.” For example, all drugs approved by the FDA are extensively reviewed so that the label has the correct information about side effects and dosage. In a case before the Supreme Court, a woman claimed that she lost an arm to gangrene because of the drug Phenergan. The drug was used to relieve nausea, but the label only contained risks about using the drug in one certain way. The argument was that the label should have warned about using the drug in other ways if the risk of danger was so high. It is entirely ridiculous for a consumer to have to risk losing an arm just to cure an upset stomach, which is exactly why proper labeling is so important.

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Poorly Designed, Constructed or Installed Boilers and Furnaces, a Possible Cause of an Explosion Accident

Posted by on Jul 16, 2013 in Explosion Accidents, Personal Injury | 2 comments

Most Americans are unaware that up to 657 billion cubic meters of natural gas are used in the United States every year. Though hazardous due to its high combustibility, natural gas is a daily home use, a necessity for ovens and gas stoves, clothes dryers, boilers, furnace, air conditioners and many other items.

A natural gas leak that is overlooked and uncorrected can be disastrous for it can result in an explosion which can severely injure or kill anyone, as well as destroy or ruin properties. According to the website of Habush Habush & Rottier S.C., the most common causes of residential gas explosions, include wiring problems, defective appliances, boilers and furnaces. As leaked gas spreads inside a room or a house, the smallest spark from a cigarette, candle, or any electronic gadget is enough to cause an explosion and, as a matter of fact, explosions, especially due to boilers and furnaces, have destroyed many houses, condominiums, apartment complexes, mobile homes and even hotels.

Boilers and furnaces keep many American homes warm during the winter and cold months. Using natural gas, these are able to provide heat in all areas of the home. It has been discovered, however, but only after explosion accidents have already occurred, that many boilers and furnaces have been poorly designed and constructed, installed erroneously or not properly maintained, thus causing the accident. The fault definitely lies on the manufacturer that designed and constructed these boilers and furnaces or on the individual who installed these inside your house.

Regardless of who ought to be blamed, though, explosion victims deserve compensation from the liable party – compensation that will help cover all their financial losses due to the injury they have sustained.

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