Friday, 28 March 2008

Types and Examples of Larceny

When someone is talking about larceny crimes they are talking about the crimes that are associated with personal property. Property has two different titles, which are personal or real. Personal property is any real property that has been cut from the ground. Personal property can become a real property if it becomes attached to the ground. Real property is any property that is affixed to the ground like an apartment or house. The definition of larceny is liable to definition changes that are determined by severance or attachment. When someone is charged with crimes against property, it means a crime in which the defendant acquires property which belongs to someone else. These can include extortion, receipt of stolen property, larceny, false pretenses, robbery.

If you are charged with larceny it means that you have illegally taken of someone's property, with the intention of permanently dispossessing the owner of their property. It could be goods or money. There are many different forms of larceny, which can include:

• Petty-this is where the property amounting to a smaller prices is being stolen. For a crime to be considered petty larceny the object stolen has to be less than four hundred dollars. If they are convicted of this crime they will have to pay a fine or do jail time. 
• Grand-this is also known as felonious larceny and occurs when the property stolen is more than four hundred dollars. In New York, the amount of the robbery has to be more than one thousand dollars for it to be considered a felony. If you are convicted of this misdemeanor are subjected to time in prison. If the crime committed is a crime of a large magnitude can result in longer prison time. In addition to going to prison, you are also liable for fines related to the crime, court fees, and restitution payments.

Examples of larceny

• Snatching a purse-if the offender uses force to snatch the purse and instills fear in the victim it is known as robbery. If there is no force or fear in the victim then it is larceny. 
• Shoplifting-this crime occurs when an individual shoplifts certain items from a store and does not pay for them. It also happens if you switch price tags so you are paying an lesser amount that what the actual value is. 
• Embezzlement-this crime is when there is misappropriation of funds from an account that belongs to the victim. 
• False check -this is a crime when the person issues bad checks to an owner for acquiring the property.

This article is penned by Lora Davis for Miley Law. Miley Law Firm makes sure to provide optimal assistance in areas like personal injury, corporate, larceny and motor vehicle accidents. If you are someone in need of a competent and professional Las Vegas NV lawyer then do not get a second thought of contacting Miley Law.

Wednesday, 7 March 2007

Strategy for Successful Merger and Acquisition

In order to make a merger work, it is pertinent to have a sound strategic planning so that maximum benefit is taken out from the merger. Before signing on the dotted lines, the company doing the acquisition must evaluate the performance, market position, cash flows, future opportunities, technology, regulatory issues of the target company to fix the right price for the deal. The management of the company doing the acquisition must have a clear and well-defined strategy for their specific business.

It is always advisable to take lessons from the past deals if the company has done in the past, learn from the experience of peers and look into industry benchmarks. This can help in formulating a sound strategy which will pay off in the long run. One must look into the working environment, employees and other cultural issues of the target company so that all misconceptions are sorted out at the initial stage and employees of both the companies know what is in store for them. As the deal has to make sense for both the target and the acquirer, it is important to identify synergy between the two companies.

Most prominently, the strategy must lay out the business drivers of the merger and factor in all the risks associated with the merger. If any major restructuring is required after the buyout, it must be chalked out and shared with the target company. This will surely ensure that all those involved in the merger process like management of the merger companies, stakeholders, board members, investors, employees agree on the defined strategies set by the acquiring company. If the plan gets consent of all these stakeholders, then it will be easy to go ahead with the merger and complete the integration process without much hassle.

At the time of chalking out the merger and acquisition strategies, one must consider the markets of the intended business, market share that the acquiring company is eyeing for in each market, the products and technologies would be required to achieve the target, the geographic locations where the business will operate and the skills and resources that you would require to make the deal a success.

Once the basic strategy is in place, then the acquiring company must look at the finances. Financing the deal can be done from myriad sources like cash, own accruals, debt, public and private equities, minority investments, etc. One must evaluate the cost of the fund depending on the needs and the amount of returns that the deal can fetch in the medium to long-run. Always build a preliminary valuation model by calculating the estimated cost of acquisition and estimated returns from the merger. It will help you in understanding the relative impacts of the acquisitions. Knowing the value drivers of the deal is the most critical element for success of any M&A. The acquiring company must do all due-diligence earnestly and identify the sources of value like intellectual property, people, markets and brand from the deal.

Lastly, one must remember that employee turnover in target company is usually very high in the initial years after the merger. The acquiring company must put in place an effective retention programmes for the key employees who drive growth and value for the company. As a substantial number of M&As fail, one must keep the acquisition strategy ready at the time of signing the deal and reap the benefits later on. It is naive to think of an acquisition as a panacea. The work of integrating an acquired company can take anywhere from 6 months to couple of years, before you begin to realize any benefits. There will always be complications, hurdles and disappointments, but one must keep the focus on the end result.

Friday, 6 October 2006

How to Protect Your Prized Car Under Lemon Law

Have you noticed your car facing the same performance issue multiple number of times, and that too within the warranty period? Even after multiple attempts to repair the defect, roughly three times or more, if your car is still facing same the problem then your car qualifies to be a Lemon and is protected by the law.

Thus, in order to protect your most prized possession, i.e. your car, from any damage, the following six points should be kept in mind.

• During the initial months of purchase of the car, it is very difficult to identify a car as a lemon until the warranty period has expired, or the mileage has exceeded a said limit. Thus, it is very important to maintain a record which lists down all the events of repairs starting from the very beginning, as this will help you protect your consumer rights. Having repair logs can make the entire process of maintaining the number of repair attempts much more user-friendly.

• All the data should be put on paper, which includes the people you communicate with, the date and time details. Do be very particular about taking a printed invoice on collection of your car. Even if the dealer is unwilling to issue any invoice this situation must be noted down. The warranty repair order should be asked for from the dealer. The dealer might disagree to issue an invoice, especially in case of no charges taken for servicing. However, it depends on you to proof that the servicing was done.

• Describing the defect your car is facing is also an important concern. One must make sure that the dealer pens down your complaint in the Repair Order in the same way as you have described it to be.

• Ask for technical bulletins or manufacturer's recalls for your car which explains your problem.

• Make it a point to note the date and time details, as well as the odometer reading on the day the car is given for repair. Also, note the date on which the car is collected from the dealership.

• If you get stranded on a deserted place with no assistance then take note of the time you had to wait for any further assistance and also the hassle faced due to this overall haul. This would give a lot of weightage to your case, in front of a jury.

Although, the Lemon Law is meant for the protection of car owners, one must go through the statues of the state for confirmation on the policies applicable for this law. Only then, should you go forward with your claim as it will give you a clear cut chance of protecting your vehicle.

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