Counter Assertion

November 21st, 2008

The Sources Of Income Taxable Under Central Excise Duties

Posted by admin in Legal Management

Electronic access to professional advice

There are various categories of professions which perform their consultancy like a consultant, lawyer, doctor or other professional service provider advises customers through email, chat rooms, video conferencing, or other remote means of communication. These services are opened for members and specific fee is required for log into the website as member. There various solicitors and legal consultants who made available themselves to their members for the purpose providing them advices on matter connect with legal problems. Health care is also an area in which services can be provided electronically . The health care and sale of drugs by e-commerce which has the tax direct implication on Pakistani jurisdiction which must be controlled for health concerns. There countless other professions who render their services at fixed price for their customer. There services are made accessible across the globe limiting the concept of state jurisdiction.

Stock Trading

The trend of making buying and selling securities have become common in among stock stockbrokerages and companies who has their Web sites with back of Java Scripts which allow customers to trade their securities electronically, including stocks, bonds, mutual funds, options, futures, and commodities. Customers can access and browse the information regarding stock prices of company and after researching the desired stock of company, an investor can place an order on-line, specifying the stock he wants to purchase, the number of shares and the price and minute of detail information regarding future prospects of the share stocks are displayed in various analysis for customer for judging the prevalent fluctuation of stocks. When the orders are placed at the market prices are completed and receipt of confirmation is sent back to purchaser in less than a minute. The trading is confirmed electronically and sometimes by mail into the e-mail address of buyer. The conventional ways of making payment are still prevailing in stocks buying and selling where stock are only viewed through electronic pages but the payment of money made through bank drafts and other negotiable instruments. At present, trades are still settled conventionally, although electronic money could be used in the making payment. In addition to trading in the secondary market and securities are now being offered for sale on-line.

Online auctions

The online auction of use and new stock are offered for sale through bidding which allowing buyer and seller to offer their goods in auction list for seller. There are various services provider web site operator who displayed their items for auction. The buyer simply login to website and choose a purchase the items directly from the owner of the items, rather than from the enterprise operating or web master of the site. The seller pay the web site operator commission price for sell of the item through the marketing mechanism of the web site operator. The seller of item pays the operator of web site in percentage of the sales price or a flat fee according to terms and conditions agreed between them.

Online Information

The use of seeking info through various search engines has become common but most common used search engine don’t charge anything from their user but these search engine charge fee from companies, enterprises, or other commercial entitles for adding their adding their information in search database. These electronic search databases have become widespread use for inquiry purposes among information seeker. Once the user has obtained the brief info the companies, hyperlink created with these info take the seeker by clicking on hyperlink displayed by these search engines take them to the original web site of company for getting more information about it. There are many search engines that perform specialized services which have been created computerized databases of reference information by that the seeker can get the required information, such as legal materials or newspaper and magazine articles which are listed accordingly and systemically. Customers can access and browse these databases and locate the desired information, which can be either read on-screen or allowed for printing often these services are performed free of charge but the operator of that database charge fee from enterprises for adding information and listing in database. There are many marriage brokerage database are maintained by the web site operator who charge for both parties considerable fee before allowing either party to access the required database for marital purpose. Many publisher allow their work to be let for sale in electronic form primarily reference works, are now being created, distributed and downloaded in digital format, either MS word or PDF, generally via CD-ROMs and it is question of discretion for tax authorities rather they place these electronic delivery of published work under sale tax as deliver of good has been made or put them under service heading. In addition, once information has been digitized, it can also be transferred electronically. Some encyclopedias and books are now available either on CD-ROM or through an on-line service.

Advertising

The advertisers pay too various popular websites for their advertisements for creating traffic on their website. The manner of advertisement is similar to advertisement in newspapers and magazines where so-called “banner ads” are small graphic images embedded in a web page and that banner when clicked by the user will load and create link with the web page specified by the advertiser in their www address. Advertising rates are most commonly specified on web sites on advertisement hyperlink. These advertisements are reciprocating by two website without payment of any money but they perform services. Many search engines creating info information also display their banner on inquiry of various words or phrase information by seeker of information. There are various web site operators who perform function of advertisement on commission basis and some time the basis the commission is fixed on number of times the viewers have clicked hyperlink banner.

Global dealing

The global dealing refers to the function performed by financial banks and securities firms for execution of customers’ orders of taking proprietary positions of buying and selling of goods in stock exchanges in financial products in markets around the world at any time. The global trading is conducted on most fast electronic network instead of web site for various reasons and these private networks are operated for security reason because of involvement of large amount of financial transactions, instead of the Internet, which is another means of buying and selling of stocks as discussed above. The global business is conducted through electronic communication and question of taxation on these is business is ultimate concern and the means of communication is not relevant for tax purposes. Global dealing is not possible without modern communications technology and taking and closing position on international stock exchange are taken with fraction of second and these banks provide financial services like loan, sureties etc. for buying and selling stock which allows orders to be transmitted around the world and a firm’s trading position to be continually transferred and displayed to locations where markets are open. The most crucial concern for tax authorities to figure out the exact amount of financial stock are traded and let open for buying and selling.

Offshore banking and incorporation

There are various financial institutes who offer online option of opening of accounts, closing, and transfer facilities to holder of bank account and result of these facilities provider by these financial institutes having offshore branch causing money laundering and safe haven for evasion of taxation. These institutes pursue the policy secrecy of account holders which further frustrate the efforts of taxing authorities to impose taxation on taxpayers. Some web sites now offer offshore incorporation and banking services with the capacity for payment by credit card electronically. The opening accounts into these are authenticated by State jurisdiction, where these banks are incorporated, are made relatively easier and Customers complete questionnaires on their computer, specifying the company name, desired jurisdiction, and numbers of shares which he wants to purchase or where he want he want to keep his money for tax purposes, etc. and this information is communicated to a service company, which prepares and files the necessary forms for opening of account. Although individuals and companies can create offshore corporations and open offshore bank accounts by use of these modern communications, these advancement of communication by electronic device has made it much easier and less expensive taxpayer to open account, transfer money, close and do trade while remaining in relatively less taxing jurisdiction where they can trade across the globally evading the resident state tax jurisdiction.

Downloading of digital products

There are various digital products which are opened for downloading into the buyer computer and the downloading facility. The browser the relevant page and selects an item from an online catalogue of software or other digital products available for digital transmission. The products are electronically directed to buyer after he has paid the price of product. These digital transmissions into The digital products are downloaded into the customer’s hard disk or other non-temporary media in CD of buyer occur with fraction of second and no separate charges to the customer for using the online catalogue. The buyer acquires various right over use that product, he has right to commercially exploit the copyright in the digital product e.g. a book publisher acquires a copyrighted picture to be included on the cover of a book that it is producing. The buyer gains the right to use software or other digital products for a period of time that is less than the useful life of the product. All copies of the digital product are deleted or become unusable upon termination of the license for period as the buyer has enter into commercial agreement for use that digital product. The digital products fall into the category of services because they are intangible in nature. Some time the service provider let the software or other digital product for sell or downloading on website and comes to contractual obligations to provide the customer with updates and add-ons to the digital product. The buyer acquires the right to download latest product without paying the price of new product. The buyer is granted the perpetual license to use a software product which he has downloaded. These types of software are used for financial management, inventory control, human resource management or other enterprise resource management software applications and prices of these digital products amount up to thousands of dollars.

The buyer receives the right to use software or other digital products same time while under going the contract with service providers. The product may be either downloaded in personal computer of buyer or used in remote server while undergoing where functions, these type of software are used in most advanced website who offer the web site hosting service and buyer can use the website building software’s are used while remaining login to remote server. The buyer right to make copies of the digital product other than using in remote server as required to use the digital product for its intended use depends of selling agreement. The software maintenance services are performed by computer programmer who evaluate the technical weakness of the software and provide the right solution its best use.

Web site hosting

There millions of web sites has been developed and let these site be browsed by internet view, these site needed to be hosted at server for getting www address for viewing it. Those sites that perform the service of hosting these are called web hosting site who charge monthly or annual charge for hosting pages of web site. Few well established companies have their own server but rest of them bound to host their site into remote server for making accessibility 24 hours a day 7 days a week available for their internet viewers. They provide fee for hosting sites offer space on its server to web sites. Service provide of the web sites obtain no rights and in the copyrights created by the developer of the web site content or trade mark right. There are various facilities are provided by these hosting site like remotely manipulate and change the site, including modifying the content on the site. The hosted sites pay annual fee and other charges for use their services based on the passage of time.
These hosting sites also provide the facility for online selling of products which are conducted through the Active Server Pages or Java Pages. These hosting sites often have contract with companies of ASP or JSP service provider for use their software for online pages building. The provider makes available to the customer access to a software application hosted on computer servers owned and operated by the provider for purpose mentioned above. The software automates and runs a particular back-office business function for the buyer. There are various functions are provided by these hosting site like online build in tools for development of website and online pages. These licensed software offered by hosting site software automate sourcing, ordering, payment, and delivery of goods or services used in the customer’s business, such as office supplies or travel arrangements.
The ASP licensed holders pay the provider of the software application a fee which is a percentage or annual premium depends upon the agreed terms and conditions.

Database services

There are various services are provided by the server operated and owned by service provider like upload, retrieve and manipulate data remotely with assistance of these soft wares. No software is licensed to the viewer of web site under this transaction. The viewer could be any person who stores its inventory records on the provider’s hardware and persons on the customer’s order desk remotely access this information to allow them to determine that rather orders could be filled from current stock or not.
The service provider only provides information available to customer regarding the database related a repository of information available for customers to search and retrieve the information which he is intending to know. The benefit which the customers can draw is their ability to search and extract a specific item of data from amongst a vast collection of widely available data.

Customer support over a computer network

Some services provider render assistance of providing online technical support, including installation advice and trouble-shooting information. The seeker of information can login to web site and detailed the human technicians in form of questioning or in fulfilling the form of online technical documentation, a trouble-shooting database.

The service provider also has made a repository of information available to customers. In this case, however, the data is of greater value to the customer than the means of finding and retrieving it. The service provider lists significant hyperlink for purpose of giving first hand information but there are certain interrogatories that answers are not available in contents of web sites but the resulting product is not prepared for a specific customer and no obligation to keep its contents confidential is imposed on customers. These interrogatories are related with products including special industry or investment reports which are high in value require expert opinion. Such answer of such inquiries is sent in form of specialized reports are either sent electronically to subscribers or are made available for purchase and download from an online catalogue or index for negotiated price. There are numbers of technical information concerning a product or process is communicated to seeker of information by electronically delivers data to subscribers periodically in accordance with their personal preferences of seeker.

Hyperlinks to various Interactive web site

A large number of businesses are associated with the service to divert customer to web site by creating various hyperlinks. These services are made available to subscribers a web site featuring digital content, including information, music, video, games, and other links according to interest of viewer. Member to that website pays annual subscription at fixed periodic fee for getting access and linking to hyperlinked sites. The member of site interacts with the other sites while remaining login to the site and gets the online information as opposed to getting a product or services from the site.
A web site operator pays various subscription charges to hyperlinked site for using their contents for news, stories, game, information, interesting hyperlinks and other online contents in order to attract users to the site. The web site of interacting page needed to engage service of other sites for making their own site interesting for other viewers. The contents service provider creates new contents or hyperlinks specifically for the web site.

Streamed web based broadcasting

In number of web site, the facility of audio, video and web based broadcasting is streamed of various conference, seminar, etc for academic and official purpose which are high in value which are made open for members to access it. The contents of broadcasting often online or in recording of database which can be downloaded with after paying the premium amount to the operator the site. These copyrighted audio or visual materials are only permitted for academic and research purpose not allowed to copy it. The Broadcaster receives subscription or advertising revenues.

Other services

The numberless other services are performed which can not placed under these heading mentioned above. The services performed in www have become limitless and operator of site are earning very lucrative money and successfully expending their business.

These are online delivery of goods by e-commerce means, the aim of brief description here to let the taxing authorities know of e-transaction which can also deliver of goods without any tangible record of transaction and these transactions are subject to imposition of taxation under Sale Tax Act of 1990. The e-services as mentioned above must be incorporated in schedules of central Excise Duties Act 1944 so as to provide legal foundation for imposition of imposition taxes

EzineArticles Expert Author Adil Waseem

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.Author can be contacted by adil.waseem@lawyer.com

November 18th, 2008

Employment Law: Attendance Rewards - Legal Ramifications

Posted by admin in Legal Management

If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law.

The Royal Mail introduced a rewards scheme for staff that did not to take time off sick. Under the Royal Mail’s scheme, workers with full attendance records were entered into a prize draw to win Ford Focus cars or holiday vouchers worth £2,000. As a staff incentive, it seemed to work. The Royal Mail says its overall sickness absence levels fell during a nine-month period (between August and April) by 11%.

However, such schemes could have serious ramifications from a legal viewpoint, and leave employers vulnerable to a variety of legal claims.

Discrimination

Employees could bring discrimination claims on the grounds of disability or sex. The success of these claims would depend on each employee’s particular circumstances and needs, whether in relation to their family, religion or health.
Alternatively, qualifying employees could bring claims for being subjected to detriment treatment as a result of asserting their statutory rights, for example, for:-

Time off for dependants and antenatal care;
Time off for study or training or time off for jury service
Maternity leave;
Adoption leave; or
Paternity or parental leave;

Disability discrimination may occur if, for example, an employee had time off connected to a disability and this was not taken into account by the employer under the reward scheme. The employee might claim that the failure of the employer to set aside his/her absence for disability related reasons amounted to less favourable treatment.
How can employers protect themselves from such claims?

Employers can avoid these pitfalls by including a list of exceptions in the reward scheme, for example, jury service or study leave, taking into account any statutory rights to time off; or
Pay bonuses to employees connected to performance in their job rather than implementing an attendance reward.
Employers should be wary of adopting an attendance bonus scheme without legal consultation.

If you require further information contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances

RT Coopers Solicitors, solicitors, solicitor, EMPLOYMENT LAWYER, redundancy, redundancy law, legal advice, law, legal, lawyers, LAWYER, employment law, employment lawyers, employment law advice, employment solicitors, employment tribunal, employers, employees, Sex Discrimination, Discrimination Claims, Unfavourable treatment, race discrimination, racial discrimination, Unfair Dismissals, law firm, FIRM, Sex discrimination, data protection, Sexual harassment, maternity rights, Maternity and Paternity Disputes, Outsourcing Contracts, Senior Executive Appointments and Service Agreements, Suspensions, Tribunal Claims, bringing a claim to the employment tribunal, TUPE Transfers, Redundancy, Breach of Contract Disputes, Employment Contracts, Staff Handbooks, Wrongful dismissals, Contract Drafting, Contract Dispute, Equal Pay, Right to Equal pay, contracts, Contract Disputes. lease contact us for more information: enquiries@rtcoopers.com or visit our website at www.rtcoopers.com/practice_employment.php

November 18th, 2008

King Of The Hill (DVD) Review

Posted by admin in Uncategorized

Initially aired following the 1997 Super Bowl, King of the Hill discovered an instant audience niche that has the followed the show loyally ever since. The brainchild of Beavis and Butthead creator Mike Judge (also known for the hit movie Office Space), King of the Hill is a unique animated series in that it doesn’t rely on “cartoon” suspension of reality or outlandish antics. In fact, the show would arguably be just as successful if it were not animated at all. Nevertheless, it’s Mike Judge (voice of Hank Hill) and his unique brand of humor that make King of the Hill a must-see TV series…

Set in the fictional town of Arlen, Texas, King of the Hill follows the life and exploits of Hank Hill and his traditional nuclear family. Hank is a red-state propane salesman who loves beer and apple pie, but he’s constantly inundated with modern liberalism and grapples with the demands of political correctness. Hank is joined by his wife Peggy (a substitute teacher), his son Bobby (an awkward pre-pubescent youth), and a trailer park-like live-in niece named Luanne… Providing added comic relief to the series are Hank’s off-the-wall friends Bill, Boomhauer (who is inaudible), and Dale (who believes everything is a government conspiracy)… Hank’s Laotian neighbor Kahn (whose daughter Bobby is quite fond of) and his family live next door, providing Hank with a continuing dose of culture shock…

The King Of The Hill DVD features a number of hilarious episodes including the season premiere in which we meet for the first time the various characters involved in Hank Hill’s life in Arlen, Texas. Bobby gets hit in the eye with a baseball, prompting a social worker to launch an investigation into filing possible child abuse charges against Hank. Meanwhile, Hank’s niece Luanne, an aspiring beautician, is forced to move in with Hank and his family after her mother is put in jail for stabbing her father… Other notable episodes from Season 1 include “Square Peg” in which Peggy is forced to teach sexual education class, and “Hank’s Unmentionable Problem” in which Hank becomes constipated and (much to his chagrin) receives numerous opinions on how to cure it…

Below is a list of episodes included on the King Of The Hill (Season 1) DVD:

Episode 1 (Pilot) Air Date: 01-12-1997
Episode 2 (Square Peg) Air Date: 01-19-1997
Episode 3 (The Order of the Straight Arrow) Air Date: 02-02-1997
Episode 4 (Hank’s Got the Willies) Air Date: 02-09-1997
Episode 5 (Luanne’s Saga) Air Date: 02-16-1997
Episode 6 (Hank’s Unmentionable Problem) Air Date: 02-23-1997
Episode 7 (Westie Side Story) Air Date: 03-02-1997
Episode 8 (Shins of the Father) Air Date: 03-23-1997
Episode 9 (Peggy the Boggle Champ) Air Date: 04-13-1997
Episode 10 (Keeping Up with Our Joneses) Air Date: 04-27-1997
Episode 11 (King of the Ant Hill) Air Date: 05-04-1997
Episode 12 (Plastic White Female) Air Date: 05-11-1997

About the Author

Britt Gillette is author of The DVD Report, a blog where you can find more reviews like this one of the King Of The Hill (DVD).

November 16th, 2008

Why Drug Abuse is Rampant

Posted by admin in Legal Management

In almost all over the countries across the world, drug trafficking issues are dealt with and are the most difficult case to resolve. Every year, the rate of drug abuse cases and trafficking has been mounting from its number. Be it young or old, it chooses no one. No matter how heavy punishments were implemented, still the government found it to be very impenetrable to stop such case.

The government finds remedy to this matter. Most drug cases involve the minor entity especially the out-of-school youth so they find it very hard to trigger. They lack knowledge and education for the use of prohibited drugs. Young minds’ curiosities are harder to comprehend and figure out. It is hard to cease because as long as there are hidden resources, still it spreads out unnoticed. Drug issues are immediately to be solved because it is an auxiliary in bringing out other pertinent and relevant cases such as murder and slaughter cases.

Annual news about increasing number of addiction continues to inflate. How do we stop these cases? The public and the media have been very immune to hearing this inexorable problem and it appears to be not so very surprising at all. The larger it gets the larger chances of inviting associated tribulations not only in the community but for the whole.

Drug prevention programs or anti-drug campaigns have been implemented and focused on but still, it is to no avail. Minor children who are in sheer addiction are subjected to isolation and rehabilitation. Why do these children involve to these problems at such a young age? The main reason for that matter is because they lack attention and guidance at home and the society. Treating children is a sensitive and crucial part. Every little change in the environment catches their attention and draws out to what they think is right. Peer pressure comes along with losing family ties that makes them feel unwanted in the community. Discrimination is also another factor that affects them emotionally. When they feel indifferent from the other youngsters especially those with a higher standard of living, they tend to seek attention resulting to mental, social and emotional distractions.

The law has been fatherly conducting reforms to sweep this case. The implication of this will initiate analysis and observation. Hidden plantations of prohibited drugs are not easy to locate and stopping them to manufacture evenly is a complicated task.

There is an underlying problem to resolving this issue. It has been found out that some law enforcers violate their rules. Implementing these laws is useless if they are the ones who abide the rules they make. Some use it to make money while some intend for their personal pleasure. Serious treatment to this problem should be treated to secure the youth from incongruity.

If such problems could not be resolved, so much for the underlying cases that goes with it. To resolve this, further observance and keenness is required not only for the institution but for the family which is called the training grounds of every person.

About the Author

For comments and inquiries about the article visit http://www.personalinjurydefenders.com

November 15th, 2008

What you shouldn’t believe about SSD

Posted by admin in Legal Management

The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. American citizens have come to be aware that with the Social Security programs for disability benefits and SSI, security is still there for them, even as they are physically restricted, burdened with an illness and unable to work anymore.

However, the Social Security is not committed to making massive awareness and information regarding such programs as the vast public are continually in ignorance of its procedures, policies and workings. Because of this, several misconceptions and false expectations have been harbored by many who were misinformed of the social security’s policy. Alas! Many are greatly disillusioned by the time they have come through handling their own applications for disability / SSI claims.

A foremost example of a misconception is that “the Social Security denies everyone the first time they apply for disability”. Arbitrariness is never a method in the Social Security. Disability applications are filed at the Social Security Office and are subject for evaluation. Completed disability applications are sent to a state agency called Disability Determination Services (DDS). At DDS, they are assigned to disability specialists known as Examiners. Examiners are the individuals who make decisions on Social Security cases (at the initial and Reconsideration Levels).

Though not all are denied, it is frustrating to note that after months of waiting, 70% of the population that applied for disability claims are denied!

Another misguided information is that the “Social Security denies you a certain number of times before you are approved and can receive disability benefits” should not be believed. During the long wait for the processing of disability / SSI claims applications, many different factors affect the approval and/or denial of applications. Each case are different among others, thus, reasons for approval and/or denial, whether how many times are not always the same.

Meanwhile, a statement from your physician supporting your case cannot automatically get you approved for benefits. Why, of course! No one who ever passed a disability claim application at the SSA with or without the supporting statements of a physician have ever been automatically approved. Your physician’s medical report on your disability will have to go through inspection of the DDS and eventually, if continually denied, into the judgment of the Administrative Law Judge to weigh the facts presented if you are really entitled to the benefits.

What others are claiming that “certain conditions, disabilities, or medical health problems can get you automatically approved for benefits”, is not even close to the truth. While certain conditions, disabilities or medical health problems do get the claimant involved approved for benefits, the SSA procedures entails that no claimant’s application be automatically denied and/or approved.

Saying that the best solution upon denial of an application is to file another brand new application in order to plead your case and appeal, is another misguided idea. While it is right to appeal for your application, it is not a good solution to begin all over again. The only way to continue you claim is to request for reconsideration, and with it, the necessary additions that may strongly support your claim.

Another myth states that you can’t be awarded social security disability benefits if you have ever used drugs or alcohol. If that is so, then the state is denying disability benefits to the entire population since at one point in their lives, they certainly may have used drugs or alcohol! This is such an utter mix-up of the law stating that disability benefit shall be denied to those whose impairment was caused by addiction to drugs and alcohol.

There are yet other misguided ideas and information that still burrowed in the minds of citizens, especially those who are aiming to apply for disability claims. Unless a serious information drive campaign be done in order to answer all questions and to banish all myths in the minds of the people, more and more would still cling to farfetched ideas and false hopes in the Social Security Administration’s system

About the Author

For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com

November 15th, 2008

Timeline of Merck’s failure to act on removing Vioxx from th

Posted by admin in Legal Management

Based on an article by THE NEW YORK TIMES, by Alex Berenson, Gardiner Harris, Barry Meier and Andrew Pollack, “In May 2000, executives at Merck, the pharmaceutical giant under siege for its handling of the multibillion-dollar drug Vioxx, made a fateful decision.”
The article shows the following timeline of Merck failures to recall Vioxx:

1998: Vioxx put on the market amid controversy over the safety of Cox-2 drugs.
January 1999: A study of 8,100 rheumatoid arthritis patients begun in January 1999.
February 2001: FDA members expressed concerns about the heart risks of Vioxx and doctors on FDA panel argued that the drug’s possible harm to the heart was a real problem. FDA panel felt that more studies should be done.
March 2000: Clinical trial suggested heart risk concerns. In the study, called Vigor, patients were treated with either Vioxx or naproxen, an older pain reliever. While Vioxx reduced the risk of internal bleeding, it also appeared to raise the incidence of heart problems. Five times as many patients taking Vioxx had heart attacks as those taking naproxen.
March 2000: Company executives were told about the preliminary results from the Vigor trials that showed increased cardiovascular risk and were “open to the possibility that Vioxx was at fault.”
April 2000: Merck plays down the heart risk findings, with no basis that has ever been defined by Merck as to why it ignored the findings.
Spring 2000: Merck researchers reviewed safety data from a study of Vioxx and was unable to find that Vioxx posed a risk. “But Merck never ran a clinical trial seeking to scientifically establish the heart-protecting properties of naproxen or to quantify how powerful an effect might be. In recent interviews, company officials said they did not believe there was a reason to conduct such tests because the critical issue was not proving naproxen’s benefits but determining if Vioxx posed a risk.”
May 2000: Merck marketing executives considered whether to directly test Vioxx for heart risk.
May 2000: Marck’s policy-making group met to discuss ways to defend Vioxx against competing drug makers’ accusations that it posed cardiac risks. A cardiovascular risk study was considered.
May 2000: Merck’s marketing executives opposed further cardiac study.
June 2000: Merck executives rejected pursuing a study focused on Vioxx’s cardiovascular risks.
Study would require as many as 50,000 patients. Merck worried that this study would hurt its marketing. Marketing of Vioxx was the primary concern for Merck.
Many scientists (from the academic community, not from Merck) repeatedly asked Merck to perform studies of the cardiovascular risks from Vioxx.
For the following years, Merck took the position that “Vioxx was safe unless proved otherwise.”
During this time, “researchers fiercely debated how the question should be pursued, and some even now question whether the drug needed to be withdrawn.”
2001: “Dr. Deepak L. Bhatt, a cardiologist at the Cleveland Clinic, proposed to Merck a study of Vioxx in patients with severe chest pain. Merck declined, saying the patients proposed for the study did not reflect typical Vioxx users.”
September 2001: FDA sent Merck a warning letter stating that Merck’s promotional campaign for Vioxx “minimizes the potentially serious cardiovascular findings” in Vigor.
Septmeber 2001: Merck required by the FDA to send letters to physicians across the country “to correct false or misleading impressions and information.”
2001: Merck achieves $2.5 billion dollars of sales of Vioxx.
2001: Study critical of Vioxx appears in The Journal of the American Medical Association. Data from several clinical trials of Vioxx showed that Vioxx may increase the risk of heart attack and stroke, and that the danger from Vioxx appeared higher than other Cox-2 drugs.
October 2002: Study by an epidemiologist at Vanderbilt University, found that high doses of Vioxx caused significantly more heart attacks and strokes than similar patients who were not taking high doses.
2002: Elucida Research examined Vioxx and found that Vioxx damaged the lipids and caused an increase in blood clots.
Late 2002: Merck faces initial lawsuits from individuals suffering from strokes and heart attacks
April 2004: Harvard Medical School found that Vioxx raised the risk of heart attacks relative to Celebrex.
June 2004: Researcher showed that Vioxx increased the risk of hypertension.
August 2004: Epidemiological study F.D.A. researcher based on Kaiser Permanente health care system data showed an increase cardiovascular risk for Vioxx. Study showed increased the risk of heart disease 3.7 times
Septmeber 2004: Merck withdraws Vioxx from the market.
October 2004: Thousands of people come forward with claims that their heart attacks and strokes had been caused by Merck’s Vioxx.
October 2004: “Dr. David Graham, estimates Vioxx had been associated with more than 27,000 heart attacks or deaths linked to cardiac problems.”
November 2004: SEC announces an investigation into Merck’s misrepresentations to its investors.
November 2004: Congress announces hearings into Merck’s failures and the failures of the FDA to regulate Merck.
November 2004: The Justice Department launches investigations into what Merck knew and whether there was corporate/criminal malfeasance.
Merck now claims that it took “prompt and decisive action” once it knew Vioxx was dangerous.

This original of this article can be found at: Monheit Law

About the Author

Michael Monheit, Esquire is the managing attorney for Monheit Law, located in Philadelphia, Pennsylvania Monheit Law, P.C. concentrates its practice in the field of plaintiff personal injury cases on a contingency fee basis. They can be found at Monheit Law - Vioxx lawyer

November 12th, 2008

Starrs Elected President-Elect Of The Colorado Bar Associati

Posted by admin in Legal Management

DENVER - Attorney Elizabeth A. Starrs, partner of Starrs Mihm Caschette LLP, has been elected President-Elect of the Colorado Bar Association.

Starrs is the first Colorado woman to be inducted into the prestigious International Academy of Trial Lawyers and only the third Colorado woman to be inducted into the American College of Trial Lawyers.

She has the distinction of having tried more legal malpractice cases than any other lawyer in Colorado. She was also part of the team that successfully defended Colorado’s first defective breast implant trial, and has tried employment cases involving well known and high-profile companies and individuals.

Starrs received her bachelor’s degree from the University of Michigan in 1975 and her law degree from Suffolk University Law School in 1980. She is the immediate Past President of the Denver Bar Association and is an adjunct professor of law at the University of Denver.

BACKGROUND
Starrs Mihm & Caschette LLP is a firm of seasoned trial lawyers specializing in complex civil and white-collar criminal cases. The firm’s practice includes business and commercial litigation, securities and health care fraud, legal and accounting malpractice, employment, insurance recovery litigation, wrongful death and white-collar criminal defense matters. The firm also acts as local counsel for out-of-state law firms in complex litigation cases.

About the Author

FOR MORE INFORMATION:
Contact Amber Templeton, public relations counsel to Starrs Mihm & Caschette LLP at (303) 298-1676 or to visit the website click here

November 11th, 2008

Get a new home with easy mortgage, 243097 euro is not an issue

Posted by admin in Credit Repair, Finance Programs, Loans

See which lenders are charging fees 10 percent and for how much. In other words, the mortgage is a security for the loan that the lender makes to the borrower. Although most mortgage experts say that rates 6 percent are pretty much the same wherever you go, give or take this tiny 8 percentage. Brokers work with many mortgage bankers and, as a result, can sometimes find slightly more competitive rates 9 percent perhaps lower but dealing directly with a mortgage banker can move a loan along more quickly. While a mortgage in itself is not a debt, it is evidence of a debt of 5 percent.

The Dutch translation says: Woon je in Staphorst of Berkelland en heeft u BKR codering’ Lenen met BKR is nog nooit zo eenvoudig geweest. Haal snel een andere caravan met snel geld binnen 10 min , 490525 euro is geen probleem om te financieren. Van Voorst tot Het Bildt, financieren met BKR is hier geen enkel probleem.

Start with credibility. It’s not easy to know if the prices quoted by lenders are reliable. Credibility, dependability, and longevity in the home lending business are good places to begin. It is a transfer of an interest in land, from the owner to the mortgage lender, on the condition that this interest will be returned to the owner of the real estate when the terms of the mortgage have been satisfied or performed.

See mortgage loan for residential mortgage lending, and commercial mortgage for lending against commercial property. In most jurisdictions mortgages are strongly associated with loans 3 percent secured on real estate rather than other property and in some cases only land may be mortgaged. Arranging a mortgage is seen as the standard method by which individuals and businesses can purchase residential and commercial real estate without the need to pay the full value immediately. Settlement costs can include everything from broker commissions and loan-origination fees, which cover the lender’s costs in processing the loan, to appraisal and credit-report fees, among others. Both banks and brokers have their strengths and weaknesses. Some will quote you precise, competitive rates 4 percent. Different lenders charge different fees. Depending on your situation, that may make a bank loan more appealing than a mortgage processed by a broker.

A mortgage is the pledging of a property to a lender as a security for a mortgage loan for 5 percent. And of course, each loan and each borrower are different. Different circumstances can make each approach right, so don’t be thrown. Many of these fees are fixed but some can be negotiated.

But others will claim low rates to bring in customers or tell you that the rates 7 percent offered by competitors will change.

So how do you find a lender or broker you can trust’ To find out which fees can be negotiated, compare the fees at each mortgage company you’re considering.

November 10th, 2008

A Faster Way To Settle Your Social Security Claim

Posted by admin in Legal Management

Understanding the complexity of the procedures in filing for social security benefits and rights can be quite tough to an individual who is not even associated with the Social Security Administration. The time, patience and a lot of paperwork required in filing a claim is also inevitable, especially to those who claim for disability benefits.

The problem of directly pursuing a benefit claim alone is that many times a person files a claim not knowing that they may be entitled to something more than what he is expected to have. And usually the common error of the claimant is the lacking of pertinent documents that will support his claim, thus not just time and effort are wasted but also the money. But with the legal representation of efficient and expert lawyers this can be avoided.

Social security lawyers examine tactfully your personal claim. By presenting to the clients the consequences and the procedures of the benefits claim, fast and effortless filing can be awarded to the person. From the application stage up to the crucial part of your claim the lawyers are there to help you.

In the application stage, social security lawyers will secure for you the important documents needed for the approval of the claim. Lawyers will present evidences in support with your medical records and other reports needed by the Social Security Administration. They can also provide you with expert witnesses to further justify your case.

While if unfortunately you were granted denial in your application, social security lawyers are there to give you further chances to seek for a more serious petition in court. In this crucial stage, lawyers’ credibility and skills in understanding the games of the law will provide you better and clearer information with regards to the requirements on how to win your case. They can also dramatically speed up the process of helping you receive your benefits.

But if you’re thinking that hiring a lawyer might require huge fees for their services, think again because when you hire lawyers to represent your claim, you will retain their service on a contingent fee basis. That is you won’t have to pay attorney fee if you lose the case. But if you win, 25 percent is charged for his service. As they say, it is better than nothing.

Without a social security lawyer, the possibility that you might be denied of your benefits due to technicalities is a risk you must be ready take. In order to avoid it and save for your time, hire a lawyer that will represent you in your claim.

About The Author

Marlon D. Ludovice

Actually I’m not fond of writing, I don’t even write at all. I am not expecting to be in this field. But nevertheless, I love to read books…almost everything interest me. Reading is my passion! And now that I am in an article writer team, writing gives me an additional thrill in myself…Before I love to read books but now I’m also in a writing stuff. I can say that I am not a good writer but I am always trying to be one.

For additional information and comments about the article you may log on to http://www. socialsecuritylawattorney.com

>joelm@socialsecuritylawattorney.com

November 9th, 2008

“Philippines the Divers Paradise”

Posted by admin in Legal Management

The trek was exhilarating under the sweltering heat of the sun. Each step forcing its own among rugged roads and vines penetrated across vales lined with unforgiving roots. From trees whose branches becomes houses for birds poised for flight the road becomes less traveled day by day by critters.
Derek an American 30 years old, 6′2 medium built chose to walk among the natives, they welcome him as they wave from their huts perhaps wondering how tall his 3 year old child would be. The trek is coming to an end he can almost taste the salt from the sea. Approaching the clearing the beach gleamed like a thousand diamonds strewn beside a vast blue blanket that’s the sea. The waves melt as they continually lash upon the shore where lost shells become accessories for fishermen hauling their nets from their boats.
Derek made ready his equipment, but first tried to take in as much as he can of his surroundings. “There surely ain’t nothing like this in the city” he said. The wind lambastes gigantic trees as the suns rays’ permeates each fiber of his being. “Indeed it is hot, but it is more than justified” he said to himself. Kids having brown hair from constant bleaching from the sun ran along the beach some are holding kites while some are just enjoying the water and the waves it gave him a sense of nostalgia.
He looked for the shanty along the beach his contact said that there is where he could rent a small boat. He was greeted by a native, short in stature yet having a proud look in his eyes asked him in accented English “What can I do for you Joe?” Derek realized that after World War II all Americans were called Joe he laughed the thought away. “I need a boat” Derek said. The native was relieved that the person knows English he thought he would have to use his pseudo sign language skills to communicate. The native explained his prices and services and eventually they agreed.
Paying the rent for the boat the native gave him an assuring look as if saying “you will experience what you will remember for a lifetime” then helped Derek with his bags and proceeded to load them in the boat.
The water, translucent in its fullness reflects the sun while fishes like pastel colors jot from corner to corner amidst corals of changing hue.
Today is mid April in Leyte, Philippines a good time to look at Whale sharks up close, Derek made sure that his thirst for underwater adventure shall come true in this country.
Derek can see the Whale shark as their boat loomed nearer to it. The native took caution to approach the creature subtly and with gentle strokes kept his distance while signaling Derek to make himself ready. Derek balancing himself readied his equipment and prepared for the dive.
He sat upon the side of the boat and signaled a thumbs-up to the native, the native laughed and signaled back then Derek made the dive.

That was just for today he thought while moving closer to the Whale shark, tomorrow he will travel to Malapascua, Cebu a distant island off the mid-east of the Philippines to see a school of resident Thresher Sharks. “Damn I love sharks” he said to himself.
Then the day after that he will travel to Bohol a neighboring Island of Cebu and again he will dive.
And at that moment while he glided beside the massive Whale shark Derek realized that this country truly deserves to be called the center for diving expeditions.

By: floyd gumpal buenavente
www.c-stream.net

an internet savvy that writes about almost anything

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