Category Archives: Law

Is it Flying Drones Legal?

In the age of technology, the flying drone has become just another consumer electronic that may be purchased for personal and private use.

These devices have the ability to fly over a person’s residence and record activity. With the adoption of these machines in everyday life with the possibility they may be used commercially, privacy is becoming less possible for individuals in the country. Because they are loud with cameras on many of them, these tools often intrude on quiet time and private conversations. The concern of these persons is whether this is an invasion of privacy and if there are laws that prohibit the activity of using a drone over someone else’s property.

Before laws changed, the owner of a property had the right to do anything he or she liked on the land. However, the modern era has changed all this with plumbing and electricity. Unfortunately, the legislation implemented throughout the country has not as of yet caught up with the technology of the drone. These small hovering and flying devices often have cameras or sound equipment to pick up or survey and area. Because there are still laws needed to ensure these machines are used legally, the federal government has no authority over these tools until the legal arena catches up.

Contacting a Neighbor

When a drone passes overhead, it is important to remain calm and not overreact. Reacting with emotional outbursts may cause more problems than the short-term emotional resolution. Destroying the drone may lead to a property damage claim, and the situation may become even more complicated. It is important to contact the neighbor with the device and calmly converse with him or her about the issue. It is important to politely ask the person next door to refrain from flying it over the house. He or she may not even be aware it was so close to or over the property. Most who are contacted in this manner stop these actions quickly.

Private Nuisance Cause of Action and Trespass

When the neighbor does not reasonably react or respond to any inquiry about stopping the device, it is possible to have a cause of action filed in court for private nuisance. The noise of the machine could be argued to be a disturbance that disrupts quiet and enjoyment at home. Additionally, it is possible to file for legal cases of trespass given certain situations. While the drone may not be on the land or in the building, it is in the airspace directly overhead. Because of this, it is possible in many circumstances to file for a cause of action for trespass because the area above the property does belong to the person affected by this situation. Photographs and other evidence may be used to assist in the case.

Invasion of Privacy Cause of Action

Of all the types of drones that may cause irritation and annoyance, it is those with cameras that may cause the most grief and trouble with privacy invasion. These video recorders attached to a drone are capable of capturing the private life of someone that either does not know he or she is being recorded, or no permission has been granted to the individual taping the person’s life. At the very least, this is considered snooping. At the worst, this would be deemed a crime of gross invasion of privacy. Even if legislation has not been updated to ensure drones do not invade the private life of a citizen of the country, there are precedents that provide for litigation due to a basic invasion of privacy. If the neighbor persists in using these machines to record or invade a person’s property, it may be necessary to hire a lawyer and litigate.

Damages and Hiring a Lawyer

When suing the neighbor for an invasion of privacy incident, the damages received are usually limited and small. The primary purpose in these suits is usually to ensure the drones are no longer flying on the property. Additional charges may be added such as destruction of property if the machine destroyed anything while flying in the vicinity. Because other measures may be necessary that require the legal world’s assistance, a lawyer should be consulted about these problems. A legal professional may be hired to work for and protect the rights of the affected person. He or she may ensure all the right motions are filed along with accompanying paperwork. If a lawsuit is necessary, this lawyer may provide the best chance at a successful outcome.

Info A Cautionary Tale: Insurance Adjusters and Personal Injury Cases

After an accident, the victim usually must deal with an insurance agency that sends an adjuster to interview the injured party and gather all the facts and details surrounding the incident to determine how much compensation must be provide to be sufficient and avoid litigation if possible.

However, these adjusters are not friends or on the side of the accident victim. They are attached to the case to ensure the most money allocated to the individual of the incident is just enough to avoid a lawsuit. However, some insurance companies do not concern themselves with a suit and only provide so much money no matter the circumstances. It is important to know what to look for and how to move forward to ensure sufficient funds are received in these situations.

The insurance company attached to the incident is usually the agency of the driver responsible for the accident. This means they have added incentive to ensure less money is provided to the victim. In many instances, there is only so much that may be allocated based on the policy. This means once that maximum amount has been determined as the payout amount, no further funds may be obtained by the victim. However, there may be additional factors involved in these cases. This is why hiring a lawyer for compensation claims is so important. These legal professionals understand how to work these cases and what to do to proceed.

The Motivation of the Insurance Adjuster

Investigating facts and gathering the details of the incident is the job of the insurance adjuster. He or she interviews the victim to understand the point of view of the person driving the vehicle that was hit. To ensure the payouts are as low as possible, these individuals determine an amount that is just enough to cover what is considered for the accident with all factors included. This ensures a higher profit for the insurance company and often the settlements are accepted because the victims are not aware that there are additional options available. Even with these lower offers given, they do have motivations to avoid litigation with civil lawsuits.

Because the judge or jury panel is what determines if additional monies should be provided, the insurance agency attempts to avoid these circumstances if at all possible. Additionally, legal fees and other financial obligations tend to become expensive for the insurance company. With persuasive details, the adjuster attempts to convince the victim to accept the lowest settlement offer possible. This could be as much as half of what may be obtained due to the factors of the case. However, there may be some negotiating that could be completed to ensure more monies are allocated to the settlement.

Calculations Adjusters Use to Decide an Offer

In most personal injury cases, the insurance adjuster uses several factors to determine how much should be offered. Of these, the medical and therapy bills associated with recovery play a major role. These may be the current and the future possible needs for the victim. Other criteria usually include the loss of income or wages through a lack of work due to recovery processes, pain and suffering, distress from the accident and additional treatments such as medication and physical therapy. Some of these are subjective to the specific incident while others are determined as a base with the particular factor. A pain multiplier is used to understand how much for the pain and suffering should be allocated. This tends to run from 1.5 to five on a scale the adjuster uses. However, other agencies may use some other type of calculating these.

Dealing with the Insurance Company with a Claim

Knowing how insurance companies work, there is the possibility of negotiating the settlement before one is accepted. This provides a means of upping the amount allocated to the victim. This is usually accomplished by ensuring the case backing the claim is strong with plenty of documentation for medical issues and photographic proof that the responsible party is the other driver or someone else involved in the claim. Ensuring there is plenty of recorded details and evidence to back the claim, the insurance company knows that a greater amount of compensation is needed to ensure avoiding a lawsuit.

One of the best manners of dealing with an insurance agency is to hire a lawyer. This legal professional knows the laws and how best to apply them. He or she then becomes the advocate of the victim and may negotiate a greater compensation settlement or seek litigation when no further funds are offered to ensure a sufficient resolution.

Photographing of the Scene of an Accident Can Preserve Evidence

When the victim of a car accident has initiated a case for compensation, he or she may be advised that it is best to ensure there is photographic evidence to strengthen the claim.

This may come from family, friends or a legal professional. Images of the scene, the vehicles involved, the road conditions and any other factors surrounding the incident are important to assist in proving that the responsible party is not the victim of the accident. The legal representative that has been hired may have this person provide this evidence, or he or she may travel to the impounded vehicles to obtain the proof after the cars have been taken away.

Supporting the position of the victim is often accomplished through providing physical evidence of the incident through photographs. When the accident is caused through the reckless or careless actions of another, this proof usually ensures a stronger case may be made to seek compensation. Because circumstances often change swiftly, it is vital to obtain these photographs as soon as possible. This is because the scene of the accident may be altered, the memory of the incident could become unreliable or cloudy and possible evidence may be misplaced or overlooked when others are at the scene.

What to Keep

While not everything is needed for the case, every piece of evidence collected should be preserved to ensure it is useful for the claim. This could be the clothing worn, any equipment that is broken, documents considered important and similar items. Al aspects of the scene should be photographed to include injuries sustained, damage to property and destructions at the location. All medical records should be copied and stored until provided to the lawyer. This means treatment information, medications, procedures, therapy and other processes. Police reports of the law enforcement officer at the area should be obtained as a copy when available.

For defects, any faulty product that may have caused the accident should be retained and analyzed. This could be electrical equipment or a piece of the car. If there is something installed that came with instructions, these should be kept to ensure the appropriate party is held liable in these circumstances. The original receipt should be filed away for later use. If additional issues arise such as medical malpractice that causes added or further injuries, this should be recorded and provided to the hired lawyer for another claim if necessary.

The Importance of Pictures

Unfortunately, it is not always possible to preserve the physical evidence involved in the accident. However, when the picture of the scene is possible, this is usually enough to bolster the case so that the judge or jury understands who is responsible. The photos may show how the vehicle was hit from a certain angle that only the other driver could have done that led to the injury. Or, images may explain how a defect in a certain part of the car caused the initial accident. These pieces of evidence may also show the lighting, time of day or night and weather conditions so that any other factors may be taken into account.

The Traumatic Experience

Because ensuring there is enough evidence for a case in the future is not always possible due to trauma, it is important to go back to the scene or obtain additional resources when possible. However, the victim of the incident may not be capable of obtaining these items. In these circumstances, a loved one may be the proxy and gather these photos and details so that the injured party may focus on recovering. Someone that is close to the victim may take pictures of all the area to provide to the hired legal representative. He or she may explain to the loved one exactly what is needed and what angles to capture.

An Experienced Personal Injury Lawyer and Why Photos are Necessary

When the victim first contacts a lawyer about the personal injury case, he or she may not have gathered any evidence initially. The free consultation the legal representative provides should be taken advantage of so that the injured party understands what processes are important he or she completes. The first stage usually requires gathering data and proof of the claim. Photographs of all angles and areas of the accident may explain how the victim is owed compensation payouts by the other driver. After this has been obtained, the lawyer then explains what is needed next, and he or she will ensure all paperwork is filed correctly.

Meaning Of “Assumption of Risk”

There are many circumstances that may result in a loss for a case long before the incident passes through the first stage of legal processes. These situations may include what is referred to as an assumption of risk.

This means the person that has been injured has been informed or is aware that there could be danger enough to become harmed in the process. Typically when this applies to a case the assumption of risk is a legal doctrine and may, in some cases, involve a document signed by the plaintiff in the claim. Because of the doctrine or paperwork, the person suing his or her friend or acquaintance has a much lower chance of succeeding.

Assumption of risk is usually used when the victim has been injured by outside forces such as an animal bite, hazardous circumstances on the grounds of a property and when someone gets on an amusement ride when he or she saw others riding the same item. The person that was injured in the accident assumed that there could be a possibility of harm even if it appeared to be safe. The incident that transpires was already known by the plaintiff, and the person that is being sued informed him or her that there was some danger in the situation. For animal attacks, this could be the notification that if the dog is provoked, he or she may attack. Knowing there are areas where injury could occur and they must be avoided is used as a defensive strategy. When the person gets on the amusement ride, he or she knows that there could be some damage to the body when going upside down, really fast or around obstacles.

Understanding Express Assumption of the Risk

The express assumption of the risk is when the victim of the incident has acknowledged that the situation could have included risk. He or she does so before the injury occurs, but there is an awareness of danger. This is usually detailed through a written contract so that it is legally binding. One such document is a waiver of liability used to ensure the participant of the possible dangerous activity has waived his or her rights of litigation away. Because the express assumption of risk is usually understood long before the injury occurs, these cases may become complicated. However, some of these events may include negligence or intentional harm against the victim. These could lead to litigation.

Another strategy that may be utilized to attempt to get out of the assumption of risk is to explain that the waiver was hidden in a contract so that the victim was not aware of what he or she was signing. This is used to show that the person was not adequately aware of the risk that was involved. Even with the signed waiver explicitly detailing how the victim waives his or her rights to litigation should injury occur, there are many instances where the individual attempt to sue the other party. Additional documentation may be necessary to ensure that the victim was well aware of potential hazards involved.

Understanding Implied Assumption of the Risk

When implied assumption of risk is part of the proceedings, no agreement or contract is involved. The person who may be harmed or was injured knew or knows that there is a risk he or she is exposed to in the activity. The person decides to participate despite the potentially dangerous event. This could be through a sports game, extreme leisure activities or when hunting aggressive game. The court is aware of the implied potential for hazards that could lead to injury to anyone included in the activity. However, when the dangers that the individual is subjected to are not part of the event, the assumption of risk no longer applies.

Liability and Damages

There are many suits where not just one party is responsible for damages. This means that there are multiple persons or entities liable. If the person that was harmed is partially accountable for the actions that lead to the injury, this could affect damages owed. It is important to seek a lawyer to ensure all possible compensation may be received when he injured person is not liable or responsible for anything. Additionally, when the assumption of risk is not included or has been placed in a contract that is intentionally misleading, a lawyer may ensure the documentation is thoroughly analyzed and the victim’s rights are protected.

The Real Estate Lawyer Do in a Purchase or Sale of a Home

Some people who are buying or selling their home may try to minimize the cost associated with the transaction by foregoing using a lawyer’s services.

However, real estate transactions often represent the most expensive transaction that a person makes. Spending the extra funds to ensure that the job is done right is often a prudent choice. Real estate lawyers help in the following ways when you are purchasing or selling a home:

Contract Drafting and Review

Real estate lawyers memorialize the terms of the agreement into a formal contract. They can ensure that certain provisions are contained in the contract that protect their client’s interests as well as to make sure that state laws are complied with. They can also address certain issues that may arise, such as purchasing a lease-back by the seller, handling existing tenants, using the property for certain uses in the future and include contingencies to protect the client.

Many documents will manifest during the course of a purchase and sale of a home. Lawyers will carefully review all of these documents and not simply take the lender’s word for what the document is stating. If there is any troubling wording or legal issue that arises, he or she can address these concerns.

Many home sales are based on a number of important contingencies. A seller may want to secure a new home and make the sale contingent on this ability, or the buyer may want to make the sale of his or her own home contingent on the transaction. There may be other contingencies as well that can be included in the purchase agreement.

Drafting Amendments

There may be changes made in the original agreement based on new information. It may have taken longer than expected for certain stages of the process to be completed. There may be changes based on the home inspection and agreements reached regarding any defects. A natural disaster may strike, causing damage to the property. Real estate lawyers can draft such amendments to keep the purchase agreement intact but to account for this new information.

Reviewing Liens

A real estate lawyer often conducts a title search on a property to determine if there are any encumbrances against it or anything that is clouding the title. This search helps clarify whether the seller has the legal right to sell the property and whether there is anything that may block the sale. For example, the seller may be required to pay off a lien or judgment before selling the home. A real estate lawyer can also secure proof that the judgment or lien has been satisfied.

Transferring Property

A real estate lawyer helps to draft deeds to effectuate the transfer of real estate. Additionally, he or she can review any contracts related to the real estate transaction that have to do with a corporation, partnership or trust so that no terms of the charter agreement are breached. Without the proper legal protocol, the opposing party may be sued if the agreement is violated.

Fulfilling Additional Legal Requirements

The purchase of certain properties may require additional steps. For example, there may be special requirements if a home is considered historical property. If a property is on wetlands and building permits are not secured, the entire structure may need to be rebuilt. If the property is ultimately going to be used for a commercial use, certain zoning restrictions may apply.

Disclosures

State laws dictate what types of information must be disclosed about a property. Real estate lawyers can help request these disclosures as well as prepare the disclosures if they are representing the seller. Without a real estate lawyer, the likelihood of being sued regarding a disclosure increases. A real estate lawyer can also be sure to put a home inspection clause in the buyer’s documents so that any unknown defects are realized before the transaction concludes.

Recording

Property law is full of cases involving properties that were purchased but no deed was ever recorded, creating legal nightmares for buyers. A real estate lawyer can ensure that the deed is properly filed and recorded. If a deed is not properly recorded, the buyer may not be considered the legal owner. His or her income and estate taxes may be levied.

Legal Assistance

To best protect their interests, many home buyers and sellers choose to retain the services of a competent real estate lawyer. He or she focuses on protecting the client’s interests and ensuring that all applicable rules are adhered to in order to avoid potential problems that could arise in the future.

Immediate of Eviction Is Virtually Impossible under Massachusetts Law

Tenants may picture themselves as suddenly homeless when subjected to the eviction process. In Massachusetts, the law includes many complex requirements that extend the process longer than most people might expect.

With some relatively rare exceptions, Massachusetts tenants can take comfort in knowing that they cannot suddenly find themselves on the streets due to a sudden eviction. The law actually extends the full process for a period that can range from more than a month to as many as six months under specific circumstances.

Unless tenants can quickly clear up the issues directly with the landlord, an experienced eviction defense lawyer can help protect tenant rights during the process — or avoid eviction altogether.

Understanding the Important Dates Within the Eviction Process

Through the years, Massachusetts legislators illustrated their dedication to tenant protection by initiating many laws that virtually eliminate any surprises that might leave them living in unsafe conditions or finding themselves homeless. This is why eviction requires a series of steps that help ensure fairness and typically delay the process.

Tenants with leases who suspect that they might face eviction for any reason need to know some important dates, as follows:

• Receipt of a Notice to Quit is the first step in the process, and tenants who receive the notice due to nonpayment of rent can generally stop the eviction by paying the amount due, plus interest or meeting other requirements specified within the lease. With some exceptions, landlords cannot take additional action until 14 days expire from the date of receipt, but that date does not mark the time when tenants must move out.

• Receipt of the Summons of Complaint marks the beginning of the court eviction process which begins by explaining the reason for eviction, notifying tenants of trial location and date and providing a deadline date for filing an answer to the complaint. The answer is an opportunity for filing any disagreements with the court and specifying possible counterclaims against the landlord.

• The court date can add more time before the required move-out date simply because court dockets can be overloaded, particularly during holiday seasons.

• The execution date is the date when tenants must actually move out. Even when landlords prevail in court, however, tenants are not required to move out immediately. Once the judgment is filed, the landlord must wait 10 days before submitting the paperwork for execution of the eviction. Additionally, if tenants are subject to a “no-fault” eviction, where the landlord wants to use the dwelling for other purposes, the date can be extended up to six months. In the event that landlords fail to use the execution within three months, their right to regain possession of the dwelling expires.

The Eviction Calendar Can Become Complex

While these events mark the primary checkpoints of the eviction process, any number of exceptions exist that can add more valuable time for tenants who need to move out. This is why it can be important to seek advice from an attorney who has extensive experience with the eviction calendar as it applies to any number of unique circumstances.

The Aggravated Felony in the Immigration Context

Section 101(a)(43) of the Immigration and Nationality Act (INA) defines “aggravated felonies” in immigration law. Each of the aggravated felony provisions describes a crime or crimes in broad terms.

The following is a list of the immigration aggravated felonies found in section 101(a)(43) (list courtesy of 12 USCIS-PM F.4(B):

– A. Murder, Rape, or Sexual Abuse of a Minor
– B. Illicit Trafficking in Controlled Substance
– C. Illicit Trafficking in Firearms or Destructive Devices
– D. Money Laundering Offenses (over $10,000)
– E. Explosive Materials and Firearms Offenses
-F. Crime of Violence (imprisonment term of at least one year)

– G. Theft Offense (imprisonment term of at least one year)
– H. Demand for or Receipt of Ransom
– I. Child Pornography Offense
– J. Racketeering, Gambling (imprisonment term of at least one year)
– K. Prostitution Offense (managing, transporting, trafficking)
– L. Gathering or Transmitting Classified Information
– M. Fraud or Deceit Offenses or Tax Evasion (over $10,000)
– N. Alien Smuggling
– O. Illegal Entry or Reentry by Removed Aggravated Felon
– P. Passport Document Fraud (imprisonment term of at least one year)
– Q. Failure to Appear Sentence (offense punishable by at least five years)
– R. Bribery, Counterfeiting, Forgery, or Trafficking in Vehicles
– S. Obstruction of Justice, Perjury, Bribery of Witness
– T. Failure to Appear to Court (offense punishable by at least two years)
– U. Attempt or Conspiracy to Commit an Aggravated Felony

This is a list of the titles of all immigration aggravated felony provisions. The statute contains more details regarding what constitutes an aggravated felony offense in each of the above provisions.

When is a Conviction for an Immigration Aggravated Felony?

Each of the immigration aggravated felony provisions in section 101(a)(43) of the INA has specific set of criteria for what is required for an offense to constitute an aggravated felony. Furthermore, many of the aggravated felony provisions have been litigated extensively in both administrative and judicial settings. The language of the statutes, administrative guidance, and administrative and judicial precedent combine to set forth general rules for when a conviction or offense constitutes an immigration aggravated felony.

Many immigration aggravated felonies stem from state criminal convictions. This adds a complicated element to determining whether a conviction is for an aggravated felony. In many cases, whether a conviction is for an aggravated felony will depend exclusively on the language of the statute of conviction. Courts and adjudicators may in some cases also be permitted to look at the specific conduct that led to the conviction. The correct approach in a specific case will always depend on the language of the statute of conviction, the relevant aggravated felony provision, and pertinent case-law on the issue.

Consequences of an Aggravated Felony Conviction

The consequences for an alien who is found to have committed an aggravated felony are severe.

An alien who has at any time been convicted of an aggravated felony will be ineligible for a waiver of inadmissibility under section 212(h) of the INA.

An alien who is convicted of an aggravated felony at any time after admission will be deportable under section 237(a)(2)(A)(iii) of the INA. If a non-LPR is found to be removable for an aggravated felony, he or she will be subject to administrative removal under section 238(b) without a hearing before an immigration judge. An aggravated felony conviction will render an alien ineligible for cancellation of removal. Aliens convicted of aggravated felonies are also ineligible for voluntary departure.

With very limited exceptions, an alien who is removed after having committed an aggravated felony will be permanently inadmissible to the United States under section 212(a)(9) of the INA. Under section 276(b)(2), an alien who was removed after having committed an aggravated felony and who enters, attempts to enter, or is found in the United States without legal authorization may face up to 20 years in prison, a fine, or both.

Under section 208(b)(2)(A)(ii) of the INA, an alien convicted of an aggravated felony will generally be ineligible for asylum.

Finally, an aggravated felony conviction after November 29, 1990, constitutes a permanent bar to good moral character. The establishment of good moral character is a requirement for naturalization, as well as for cancellation of removal.

Guidance Relating to Aggravated Felonies

Being found to have committed an aggravated felony will subject an alien to removal, and it will often be fatal to his or her future immigration prospects.

If an alien is charged with having committed an aggravated felony, it is essential for him or her to retain an experienced immigration attorney. In certain cases, there may be grounds to contend that the conviction was not for an aggravated felony in proceedings.

Determining whether a conviction is for an aggravated felony is often a complicated process. If an alien is charged with any criminal offense, he or she should consult with an experienced immigration attorney to understand the potential immigration consequences of different case outcomes. Having this understanding may help guide the alien’s criminal defense strategy.

An alien who was removed for an aggravated felony may consult with an experienced immigration attorney for guidance on the very limited exceptions available for that situation.

Freight Forwarding now as Brokering Activity

In August 2013, the Directorate of Defense Trade Controls (“DDTC”) published an interim final rule that clarified some aspects of the requirement for broker registration under the International Traffic in Arms Regulations (“ITAR”).

The rule provides that a broker is any person that engages in the business of “brokering activities” and is 1) a U.S. person, 2) a foreign person in the U.S., or 3) a foreign person outside of the U.S. under the control of a U.S. person, e.g., a foreign subsidiary controlled by a U.S. parent corporation. “Brokering activities” means “any action on behalf of another to facilitate the manufacture, export, permanent import, transfer, reexport, or retransfer of a U.S. or foreign defense article or defense service, regardless of its origin.” Examples of brokering activity include financing, insuring, transporting, or freight forwarding defense articles and defense services. Based on these examples of brokering activities, it would seem that a freight forwarder would be engaged in brokering activities and would therefore be required to register with DDTC. However, there is an exemption in the rule at § 129.3(b)(2) that states the registration requirement does not apply to “Persons exclusively in the business of financing, insuring, transporting, customs brokering, or freight forwarding, whose activities do not extend beyond financing, insuring, transporting, customs brokering, or freight forwarding.” The exemption states, as an example, that an air carrier or freight forwarder that merely transports or arranges transportation for defense articles is a person that would not have to register as a broker.

But what if a freight forwarder’s business extends beyond mere freight forwarding to include multiple activities such as insurance or customs brokering in addition to freight forwarding? The rule is less clear on this point.

A freight forwarder is able to engage in multiple activities, like insuring and transporting defense articles, as long as it does not go beyond the scope of those activities to the point of facilitating the manufacture, export, permanent import, reexport or retransfer of U.S. or foreign defense articles or services. Occasionally, freight forwarders engage in the types of activities that would trigger the registration requirement for forwarders. An example of such activity is a freight forwarder acting as an intermediary that brings two parties together in a sale transaction of ITAR-controlled defense articles. Another example would be if a freight forwarder or its employees are directly involved in arranging transactions involving defense articles or hold title to defense articles for financing purposes.

The determination of whether a freight forwarder has “gone beyond” exclusively engaging in the exempted activities of §129.3(b)(2) is highly fact-specific. The main focus is whether the activity constitutes the “facilitation” of a deal. It is rarely the case that a freight forwarder acts as the broker for an arms deal, so only a very small subset of freight forwarders need to register with DDTC as brokers of defense items. Finally, section 129.9 provides a method by which freight forwarders (and others) can obtain guidance as to whether certain activities undertaken in the performance of a contract will be considered brokering activities such that registration with the DDTC is required. To obtain this guidance from DDTC, a person must request it in writing, provide the name of the applicant and registration code and fully describe the contemplated activities. The applicant should also include a copy of any agreement or documentation between the requester and other persons who will be involved in the activity. DDTC is anticipating further revisions to the ITAR brokering regulations, possibly at some point in 2017, so continue to keep abreast of any changes in the ITAR over the next year.

Now Private Investigator on Cellphone Spyware

There are all types of various private investigator tools that can help track information, including cellphone spyware. These tools may help private investigators monitor a target’s activity. However, using such programs may not always be legal.

What Is Cellphone Spyware?

Cellphone spyware is an app or software that is installed by a third party so that the third party can monitor activity on the cellphone. Typically, this software enables the third party to record conversations, track the phone user’s location and monitor additional data that is used on the cell phone.

Reasons to Use Spyware

Many people who are interested in using cellphone spyware do it because they are afraid that their spouse is cheating or they otherwise want to spy on their romantic partner. Parents may use cellphone spyware to learn about who their child is talking to, what websites the child is accessing, what types of pictures the minor is sending and where the child is located. Companies that provide their employees with business cell phones may use this type of program to track employee movements, anticipate legal problems, monitor their use and anticipate possible problems.

Capabilities of Cellphone Spyware

Cellphone spyware may allow a person to monitor text messages. Typically, a person can delete text messages. Some cell phone providers do not keep a secondary record of such messages. Cellphone spyware may allow a third party to see the text messages sent and received from the phone that has the spyware installed on it. Additionally, the spyware may be able to show the date and time stamps for cell phone activity.

Cellphone spyware may also be able to monitor the call logs between the person who is using the phone and other parties, including the phone numbers, dates, times and duration of each call. Depending on the sophistication of the program, the spyware may be able to record voice calls in real time.

Cellphone spyware may also be able to track the location of the phone in real time. The third party that installed the spyware may be able to see where the phone is at any point in time on a map and see where the phone has been moved from. Cellphone spyware may also be able to track, monitor and record other data such as the websites that were visited on the phone, the emails that were sent and received on the phone and other data that is stored on the phone, such as photos, videos, calendar information and contacts.

Advanced Features

Advanced cellphone spyware may allow a third party to record voice calls, download them and play them back later. The software may also be able to record text messages that are used on different messaging apps, record surroundings and activate the phone’s microphone to record information and listen to later. Some spyware is so advanced that a person may be able to set an alert so they know when a certain word or phone number is used. Remote control settings may allow a person to remotely lock the phone, unlock the phone or pause the spyware functions.

Legality of Cellphone Spyware

The determination of cellphone spyware’s legality depends on a number of factors. Relevant considerations include why the spyware is being used, state law and ownership principles. Generally, a person must be the owner of the phone in order to legally install the cell phone. For example, a parent who buys the child’s phone and pays for its continued use is likely the listed owner of the phone. A company that buys employee phones may also be considered the owner of the phone. For married couples, all property purchased during the marriage is likely marital property and the spouses are co-owners of the phone.

However, if the phone was purchased prior to the marriage or pursuant to an agreement by the parties, it may not be considered the property of the other spouse. Absent owning the phone, the person who wants to install the spyware must inform the person that he or she is installing the software and that this allows for monitoring. For example, a business may have to inform employees that the cell phones may be monitored.

Another consideration is state laws pertaining to recorded conversations. Some states require informing both parties involved on a phone call that they are being recorded for the recording to be legal.

A licensed private investigator can discuss the possible implications of using cellphone spyware and may be able to assist with completing this type of surveillance in the case.

Difficulties in Factory Registration at Egypt

The new ministerial decrees 991/2015 and 43/2016 issued by the Minister of Trade introduced new measures concerning the registration and certification requirements of the qualified factories/companies which export their products to Egypt.

According to the above-mentioned decrees any foreign factory or company, which exports any of the regulated products is obliged to submit the requested documents (after translating into Arabic and legalizing up to the Egyptian consulate in the exporting country) to the General Organization for Import and Export Control (GOEIC). Such measures represent some difficulties to foreign companies exporting to Egypt due to the complexity of the process. Further, failure in submitting the right authorized documents leads to the rejection of the factory/company file by GOEIC. This article aims to highlight some difficulties that face foreign companies in the registration process.

List of Products

The factory should issue this document on its printed papers, letterhead to mention the factory products, their brand and trademark. Simply, this list is to clarify if such products is among the regulated products or not, it should be real, valid and legalized.

Certificate of the legal entity of the manufacturer and the license of the factory

It is an official certificate of the legal status of the factory that is issued from the country of the factory. In such case, the commercial register of the factory will be sufficient, but it should be valid (not expired) and if any amendments happened regarding the name of the Factory/company the commercial register before and after such amendment shall be provided. However, some factories/companies that has no commercial register in their countries; in this case, the article of association will be accepted by GOEIC. The factory license is an official document that entitles the factory the permission to operate, some factories that have no license according to domestic laws will need in this case to provide an official certificate to prove that. It is worth mentioning that both of the above documents shall be certified at the commercial chamber and the Egyptian consulate in the factory/company country.

Products brands and the Trademark produced under a license from the owner himself

Here we must differentiate between three cases:

Case 1: The factory has its own brand, so the factory has to present the official certificate that proves the ownership of the trademark.

Case 2: The factory has its own brand and manufactures products under another trademark, here the factory has to submit three documents:

The ownership certificate of his own trademark, the trademark license as a proof that the owner of such a trademark grants him a license to manufacture under this trademark, and the official certificate of such trademark ownership registration to prove his ownership of the trademark.

Case 3: The factory does not own a trademark and manufactures with another trademark of another owner. Here the factory has to submit two documents:

The trademark license as a proof that the owner of such trademark grants him a license to manufacture by this trademark, and the official certificate of such trademark ownership registration to prove his ownership of the trademark.

In all cases, the certificate of trademark must include the company name and its logo clearly (it should be translated with the company name into Arabic), trademark number, and to check the expiry date of the certificate in order to renew it before submission if it is expired. In addition, trademark license shall state that the owner of the trademark has entitled the licensee the right to manufacture/produce, export and distribute.

Quality Certificate

One of the most important documents that must be included with the registration documents is the quality certificate. According to the ministerial decree, this certificate is to prove that the factory has a quality control system. The quality certificate must be issued by a certification entity that is accredited by one of the accredited entities recognized by the International Accreditation Forum (IAF) or the International Laboratory Accreditation Cooperation (ILAC).

On GOEIC website there is a list of the certification bodies approved by GOEIC. If the entity issued the certificate not recognized by IAF or ILAC then a request may be submitted to get this entity approved by GOEIC. Such request may be accepted or rejected by GOEIC according to its own evaluation to the issuing body. Further, the ISO certificate 9001/2008 will be accepted by GOEIC for manufacturing factory/company and not for their distribution centers.

The registration process will proceed on the base of providing the required documents authorized and valid as per the decree. Accordingly, to avoid wasting of time and lengthy procedures, every document must be checked very well especially the validity dates and the approval of the competent authorities, and all documents must be legalized and translated into Arabic.