Johnstone Adams

How an Estate Planning Lawyer in Mobile, AL Secures Families

Fri, 20 Mar 2026 14:43:47 GMT

Planning for the future can feel overwhelming, but working with an estate planning lawyer in Mobile, AL, helps bring clarity and peace of mind. A clear estate plan protects your assets and ensures your wishes are honored. Contact us today at (844) 682-7682 to speak with Johnstone Adams, LLC, about securing your family’s future with guidance from an experienced estate planning lawyer.

Many families delay planning because they think it is only for the wealthy. In truth, everyone can benefit from meeting with an estate planning lawyer. Careful planning reduces confusion and prevents disputes among loved ones.

Why Estate Planning Matters for Mobile Families

An estate planning lawyer in Mobile, AL, helps you prepare legal documents that protect your property and loved ones. Without a plan, state laws decide how your assets are divided. This can lead to delays and added stress for your family.

Working with an estate attorney allows you to stay in control of important decisions. You can name guardians for children and outline how assets should be distributed. These steps provide clear direction during difficult times. Families in Mobile often own homes, savings accounts, and personal property that deserve protection. An estate planning lawyer ensures those assets are transferred according to your wishes. This thoughtful planning keeps your legacy intact.

Creating a Legally Sound Will

One of the most important tools offered by an estate planning lawyer is a properly drafted will. A will explains who receives your property and who will manage your estate. Without it, probate can become more complex.

An experienced estate attorney in Mobile, AL, makes sure your will meets Alabama legal requirements. Small mistakes can cause big problems later. Professional guidance helps prevent costly errors. A will also reduce the risk of family disagreements. When instructions are written and legally valid, loved ones are less likely to argue. An estate planning lawyer helps create documents that stand up in court.

How Trusts Offer Added Protection

Trusts are another option to consider with an estate planning lawyer in Mobile, AL. A trust can help manage assets during your lifetime and after your passing. It may also reduce delays in the probate process.

An estate can explain whether a trust fits your goals. Trusts can protect minor children or loved ones with special needs. They also offer privacy since they often avoid public probate records. By working with an estate planning lawyer, you can create a plan tailored to your family’s needs. Every situation is unique, so customized strategies matter. Thoughtful planning today prevents problems tomorrow.

Reducing the Risk of Family Disputes

Disagreements often happen when families are unsure about a loved one’s wishes. An estate planning lawyer helps remove uncertainty by putting clear instructions in writing. This clarity can protect relationships during emotional times.

An estate attorney, also reviews beneficiary designations and account titles. Overlooked details can cause unintended outcomes. Careful review keeps your plan consistent. Johnstone Adams, LLC understands that family harmony is important. With help from an estate planning lawyer, you can reduce the chance of confusion and conflict. A well-prepared estate plan supports peace within your family.

Planning for Incapacity and Long-Term Care

Estate planning is not only about what happens after you pass away. An estate planning lawyer also prepares documents for unexpected illness or injury. These documents allow someone you trust to make decisions on your behalf.

An estate attorney in Mobile, AL, can draft powers of attorney and health care directives. These tools give guidance to medical providers and financial institutions. Planning ahead avoids court involvement later. By meeting with an estate planning lawyer you create a plan that covers both present and future needs. This proactive approach protects you and your loved ones. Preparation brings reassurance.

Coordinating Estate and Real Estate Matters

Property ownership plays a large role in many estate plans. An estate planning lawyer often works alongside legal professionals who handle property matters. Proper coordination prevents title issues and delays.

Johnstone Adams, LLC provides services in the Mobile area that connect estate planning with related legal needs, you can learn more about our services . Coordinating with an estate attorney ensures your property transfers smoothly according to your plan.

Personalized Guidance From Johnstone Adams, LLC

Every family has unique goals, which is why working with an estate planning lawyer should never feel rushed or generic. Johnstone Adams, LLC takes time to understand your priorities. This allows for tailored planning strategies. An experienced estate attorney will review your financial picture, family structure, and long-term goals. Thoughtful discussions lead to stronger plans. Clear communication helps you feel confident in every decision.

Serving mobile families with dedication and care, Johnstone Adams, LLC focuses on practical solutions that protect what matters most. With the help of an estate planning lawyer in Mobile, AL, you can create a lasting foundation for your loved ones.

Schedule Your Estate Planning Consultation in Mobile, AL Today

Taking action now can save your family from stress and uncertainty later. A well-crafted estate plan protects assets, clarifies wishes, and reduces disputes. Call us at (844) 682-7682 now to schedule your consultation in Mobile, AL, or send us a message to get started today.

Benefits of Working With a Local Estate Planning Attorney

Fri, 20 Mar 2026 13:59:13 GMT

Have you ever wondered what makes estate planning so important for families in Mobile, AL? Estate planning prepares you for the transfer of your assets and ensures your wishes are respected after you are gone. Whether you are drafting a will, setting up trusts, or safeguarding your property, a strong estate plan brings peace of mind and secures your family’s future.

Working with a local estate planning attorney in Mobile, AL, offers unique advantages because you receive legal guidance that comes from expert knowledge of Alabama laws, local court practices, and a personal understanding of your needs. When you choose a local attorney, you get dedicated support and a plan built for your specific situation.

Expertise in Alabama Law and Mobile Court Procedures

Alabama has its own set of estate planning rules, which differ from those in other regions. This is why local knowledge is vital. A local estate planning attorney in Mobile, AL, understands everything required for wills, trusts, probate, and asset transfers in the state. This attorney is familiar with the local court system, which affects how documents must be filed, how cases are managed, and how the probate process unfolds.

Choosing a local attorney helps avoid expensive mistakes. Every estate plan must meet Alabama’s legal requirements and must be prepared for Mobile’s unique court protocols. When you work with someone who knows the systems and laws in mobile, your documents are much more likely to be processed smoothly, and your wishes honored quickly. The attorney also provides clear direction for executors and trustees, making it easier for your loved ones to manage your estate after your passing. To learn more about estate planning options in Mobile, visit our estate planning page .

Personalized Service and Asset Protection Strategy

Each family is different, and estate planning should reflect your life, values, and financial goals. A local estate planning attorney takes time to listen, understand, and build a customized plan that is right for you. This approach means your plan will account for family dynamics, business interests, special inheritances, and long-term wishes.

When it comes to asset protection, working with a local estate planning attorney in Mobile, AL, is especially beneficial. They know the region’s risks and can help secure your property, savings, investments, and possessions against unexpected claims. By tailoring legal strategies such as trusts or customized wills, you protect your wealth and make sure it is transferred according to your wishes.

Personalized guidance also extends to estate administration. Your attorney will help executors and trustees manage their responsibilities with confidence. Having an expert nearby provides ongoing support for your family and beneficiaries, ensuring every detail of your estate is managed properly.

Convenient Community-Based Guidance

Local access to an attorney means you get face-to-face communication whenever you need it. Scheduling appointments, asking questions, and receiving updates becomes simple. This builds trust and makes sure your estate plan is always clear and correct.

Local attorneys also work with financial advisors, accountants, and other professionals in Mobile who can assist in building a strong and comprehensive estate plan. By working with trusted professionals in your community, you gain the advantage of a complete, reliable support network that considers local tax issues, business regulations, and more.

When life events require changes to your plan, you can reach your attorney quickly. This convenience makes the estate planning process less stressful and more responsive. Knowing help is nearby gives extra reassurance.

Trust Through Clear Communication

Estate planning often means discussing sensitive topics such as inheritance, guardianship, and asset distribution. A local estate planning attorney in Mobile, AL, provides clarity by explaining laws, legal terms, and steps in straightforward language. You can ask questions, express concerns, and make adjustments without confusion.

Open and honest communication helps you stay informed throughout the planning process. With step-by-step guidance, your attorney ensures every choice aligns with your intentions. If you need to revise your plan, a local attorney will walk you through any updates, making the process easy to follow.

Ongoing Relationship and Responsive Service

An effective estate plan is not just a one time solution. Families grow, finances change, and laws are updated over time. Choosing a Local Estate Planning Attorney in Mobile, AL gives you ongoing support. Your attorney regularly reviews your plan and suggests updates so it stays current with state regulations and your changing needs.

You will always be informed about any legal changes in Alabama that affect estate planning. Prompt assistance is available for any questions or concerns, making the relationship with your attorney a long-term benefit. This regular follow-up ensures your wishes are protected and your estate plan remains effective.

Your Peace of Mind The Importance of Local Guidance

Estate planning is essential for peace of mind and security. By trusting your estate to a local estate planning attorney, you benefit from expertise, personal attention, community-based resources, and responsive service. Everything is tailored for Mobile, AL. Your attorney makes sure your plan complies with state law, follows local court practices, and meets your personal choices with precision.

A well-prepared estate plan safeguards your assets, clarifies your wishes, and supports your loved ones with lasting stability. Local guidance means your needs are supported by someone who is invested in your community and your future.

Connect With Johnstone Adams LLC Your Estate Planning Partner in Mobile, AL

If you are ready to secure your legacy and plan for your family’s future in Mobile, AL, Johnstone Adams LLC offers trusted estate planning services from an experienced attorney who knows the local legal landscape and your unique needs. Call (251) 432 7682 or visit our contact page to schedule your consultation. The team at Johnstone Adams LLC provides legal guidance for wills, trusts, and asset protection strategies with the skill and care only a local expert can offer. Your peace of mind begins with a trusted partner in Mobile, AL.

7 Benefits of Hiring a Local Estate Planning Attorney

Fri, 20 Mar 2026 13:17:49 GMT

When making decisions about your legacy, every detail matters. If you are considering your options, there are many reasons to engage a local estate planning attorney in Mobile, AL. At Johnstone Adams, LLC, we have seen families in the Mobile area minimize stress and gain peace of mind by working with a knowledgeable local estate planning attorney. Whether you are just starting to think about wills and trusts or want to update your estate plan, understanding the importance of local legal guidance can make all the difference in securing your assets for future generations.

Why Local Matters: Alabama Laws and Mobile Court Procedures

A significant advantage of partnering with a local estate planning attorney is their deep familiarity with Alabama’s laws and Mobile’s court procedures. Laws regarding wills, trusts, probate, and estate taxes can vary dramatically from one state to another. When we work with clients in Mobile, AL, we apply our expertise to ensure all documents are compliant with the specific statutes that govern estate planning in Alabama.

A local estate planning attorney does more than fill out forms; we interpret statutes, provide strategic advice, and stay updated about any changes to state legislation. Our understanding of Mobile’s court system, filing requirements, and local judicial preferences means we can help clients avoid unnecessary complications and delays during probate or when resolving disputes. This local focus saves your loved ones time and potential frustration by ensuring the estate plan is seamless and effective.

Tailored Guidance for Wills, Trusts, and Asset Protection

Every family and individual has unique assets, goals, and concerns. Working with a local estate planning attorney allows for highly personalized planning that takes Mobile area circumstances into account. At Johnstone Adams, LLC, we help clients draft wills that reflect personal wishes and Alabama law, establish trusts that protect assets, and create strategies for minimizing estate taxes.

A local estate planning attorney understands Alabama’s homestead exemptions, spousal rights, and particular property laws that can dramatically affect the administration of your estate. We also have insights into regional issues, such as how hurricanes or property values in Mobile might affect long-term planning. By choosing local counsel, you benefit from strategies tailored specifically to our community’s needs.

For clients who want more information about how probate and asset types affect their estate plans, we frequently recommend this resource on probate versus non-probate assets . It is an excellent place to begin understanding which assets pass through probate and which do not, an essential step when structuring your estate.

Building Trusting Relationships With Local Attorneys

Another advantage to working with a local estate planning attorney is the ability to build an ongoing, trusting relationship. At Johnstone Adams, LLC, our clients rely on us for honest advice and continuity. We often guide families through life’s transitions, adjusting estate plans as needs change over time.

Living and working in the Mobile area means we share a common understanding of the community. From multigenerational family businesses to protecting coastal properties, our experience allows us to foresee challenges and address them proactively in your estate plan. We know the professionals, institutions, and local networks that matter when administering estates, which means we can refer you efficiently to other trusted advisors if needed.

Navigating Tax, Trust, and Estate Laws With Confidence

Estate planning often intersects with complex tax and trust issues. Not all estates require the same tax planning; federal and Alabama-specific rules require special attention. A local estate planning attorney from our team can help you navigate these intricacies, from optimizing tax exemptions to structuring trusts that protect your heirs from unnecessary tax burdens.

Our expertise in these areas is summarized in the resources we provide to our clients. For those interested in the full scope of tax, trust, and estate services, please visit our dedicated section on tax, trust, and estate attorneys for a detailed overview.

Long-Term Support for You and Your Family

Updating an estate plan is not a one-time event. Life changes such as marriage, divorce, new family members, or changes in asset structure should lead to updating your will or trust. By working with a local estate planning attorney, you have someone who understands your background and preferences. At Johnstone Adams, LLC, we provide long-term support for updating your documents, ensuring your wishes are always reflected accurately.

With a local estate planning attorney, your family receives compassion and careful attention during stressful times. We are present for your loved ones, explaining the process and representing your interests with sensitivity and professionalism.

Secure Your Legacy With Guidance From Johnstone Adams, LLC

If you want your final wishes honored and your family’s future protected, don’t underestimate the value of a local estate planning attorney. At Johnstone Adams, LLC, we take pride in providing massive value with regional legal knowledge, attention to detail, and ongoing support in the Mobile, AL, area. Reach out to us today to discuss your goals, review your legacy plan, or get your questions answered. Contact our local law office or call (251) 432-7682 or (844) 682-7682 to schedule your consultation with an attorney who understands estate planning for you and your community.

Your First Consultation With an Estate Planning Attorney

Tue, 17 Jun 2025 20:04:43 GMT

When it comes to securing your family’s future and protecting your assets, understanding estate planning is essential. If you’re searching for an estate planning attorney in Mobile, AL, you might wonder what to expect from your first consultation. This blog will guide you step-by-step through that initial meeting, helping you feel confident and prepared before sitting down with an expert like those at Johnstone Adams, LLC. Whether you’re new to estate planning in Mobile, AL, or simply want to clarify the process, this article is designed to answer your questions and make your first consultation productive and stress-free.

How Your First Estate Planning Appointment Unfolds

Starting your estate planning journey can feel overwhelming, but knowing what to expect during your first consultation can ease your mind. This initial meeting with your estate planning attorney is designed to gather important information, explore your options, and set a clear path forward. Here’s a step-by-step look at how this important conversation typically unfolds.

1. Introduction and Getting to Know You

Your first meeting with an estate planning attorney begins with a discussion about your goals. The attorney will ask about your family structure, assets, and any concerns or special wishes you have. This conversation is crucial—it sets the foundation for the entire estate plan.

2. Overview of Estate Planning Options

Next, your attorney will explain the various tools and documents available in estate planning in Mobile, AL. This includes wills, trusts, powers of attorney, healthcare directives, and more. You’ll get a clear understanding of how each tool can work to protect your interests and those of your beneficiaries.

3. Review of Current Documents and Financial Information

If you have any existing estate documents, bring them to your consultation. Your attorney will review these and ask about your assets, such as property, investments, insurance policies, and retirement accounts. Being prepared with this information helps your attorney design a comprehensive plan.

4. Discussing Specific Needs and Concerns

Every client’s situation is unique. During this stage, you can bring up any special circumstances like minor children, blended families, charitable giving, or business succession. Your estate planning attorney will provide tailored advice based on your specific needs.

5. Explaining the Process and Fees

Understanding the timeline and costs involved in estate planning in Mobile, AL, is essential. Your attorney will outline the steps to complete your plan and discuss the fees for services, so you have full transparency from the start.

6. Next Steps and Follow-up

Finally, your attorney will summarize the plan and outline what happens next, including any documents you need to provide or additional meetings required. They will schedule follow-up appointments to draft and finalize your estate plan.

Preparation Tips for Your Initial Estate Planning Session

Maximize the value of your estate planning consultation in Mobile, AL, by coming prepared with key documents like bank statements, property deeds, insurance policies, and any existing wills or trusts. Take a moment to consider who you trust most to be guardians or executors, and reflect on your healthcare preferences—these decisions shape your legacy.

Ready to Take the Next Step?

Meeting with an estate planning attorney in Mobile, AL, is the best way to gain peace of mind about your future and the future of your loved ones. Don’t wait—secure your family’s legacy with a trusted professional who understands the nuances of estate planning. Contact Johnstone Adams, LLC, today to schedule your first consultation and start your journey toward comprehensive estate protection.

Estate Planning Attorney's Guide to Trusts in Point Clear

Wed, 28 May 2025 17:13:43 GMT

When it comes to protecting your legacy and making sure your loved ones are taken care of, few things are more important than proper estate planning. At Johnstone Adams, LLC, our estate planning attorneys have been helping families in Point Clear, AL, make confident, informed decisions for over a century. One of the most effective ways to protect your assets and simplify the process for your heirs is through a trust. But with so many different types of trusts out there, how do you know which one is right for you? That’s where our experienced local estate planning attorneys come in. Let’s walk through the basics together.

What Is a Trust, and Why Do You Need One?

A trust is a legal arrangement that allows you to transfer your assets to a trustee, who manages them on behalf of your beneficiaries. It can help you avoid probate, reduce estate taxes, protect your privacy, and control how your assets are distributed after you pass.

Working with a local estate planning attorney ensures your trust is structured properly and aligns with Alabama laws and your specific financial goals.

Exploring the Four Main Types of Trusts

Choosing the right type of trust depends on your personal circumstances, goals, and the size of your estate. Here’s a breakdown of the four most common types our estate planning attorneys recommend to families in Point Clear, AL:

1. Revocable Trust

Also known as a living trust
Can be changed or canceled during your lifetime
Helps avoid probate
Allows you to maintain control of your assets while alive

Best for : Individuals who want flexibility and control while planning for the future.

2. Irrevocable Trust

Cannot be changed once it’s set up
Offers strong protection from estate taxes and creditors
Removes assets from your taxable estate

Best for : Those looking to reduce estate taxes or protect assets from legal claims.

3. Living Trust

Created during your lifetime
Can be either revocable or irrevocable
Helps manage assets in case of illness or incapacity

Best for : Families who want a plan in place if they become unable to manage their own affairs.

4. Testamentary Trust

Created through your will and only goes into effect after you pass
Does go through probate
Often used to set conditions on inheritance (e.g., age or milestones)

Best for : Parents who want to provide structure for young or financially inexperienced heirs.

Why Choose a Local Estate Planning Attorney in Point Clear, AL?

Estate laws vary from state to state, and your estate plan should reflect those details. That’s why working with a local estate planning attorney from our team is key. We understand Alabama’s estate laws inside and out, and we’re here in your community when you need us most. We provide personalized guidance, not cookie-cutter plans, so you can feel confident that your legacy is in good hands.

Secure Your Legacy Today

Whether you're just getting started with estate planning or want to update an existing trust, the team at Johnstone Adams, LLC is ready to help. Call us at (251) 432-7682 to connect with a estate planning attorney in Point Clear, AL. Let’s create a plan that brings you peace of mind and gives your loved ones the security they deserve.

Why Hire a Local Estate Planning Attorney in Mobile, AL?

Mon, 28 Apr 2025 19:23:07 GMT

Planning for the future is one of the most important steps you can take to protect your family and assets. While online templates and generic legal advice may seem convenient, they often lack the personalized touch needed for effective estate planning. That’s where a local estate planning attorney in Mobile, AL , can make all the difference.

At Johnstone Adams, LLC, our experienced attorneys understand Alabama’s specific laws and can help you create a tailored plan that ensures your wishes are honored. Here’s why hiring local professionals is the best choice for Mobile residents.

Why a Local Estate Planning Attorney in Mobile, AL, Understands Alabama Laws

Estate planning laws vary by state, and Alabama has unique probate, tax, and inheritance regulations. A local estate planning attorney in Mobile, AL, will ensure your will, trust, or power of attorney complies with state requirements, preventing costly legal mistakes.

For example, Alabama has specific rules about:

Probate procedures (which can be lengthy without proper planning)
Homestead exemptions (protecting your primary residence)
Inheritance taxes (though Alabama doesn’t have an estate tax, proper planning can still minimize federal tax burdens)

By working with a local attorney, you can avoid unexpected legal hurdles.

How a Local Estate Planning Attorney in Mobile, AL, Customizes Your Plan

Every family’s situation is different—whether you have minor children, a blended family, or own a business. A local estate planning attorney can craft a strategy that fits your unique circumstances, including:

Guardianship designations for minor children
Special needs trusts for disabled loved ones
Business succession plans to protect your company

Generic online forms can’t account for these complexities, but a Mobile-based lawyer can.

Avoiding Probate Delays With a Local Estate Planning Attorney in Mobile, AL

Probate in Alabama can be time-consuming and expensive if your estate isn’t properly structured. A local attorney can help you:

Establish a living trust to bypass probate
Name beneficiaries correctly on accounts and property
Update documents after major life changes (marriage, divorce, or new assets)

This proactive approach saves your family stress and legal fees down the road.

The Advantage of Working with Mobile County Courts

A lawyer who regularly works in Mobile County probate courts understands local filing procedures, judges, and timelines. This insider knowledge can speed up estate administration and prevent unnecessary delays.

Ongoing Support From Your Local Estate Planning Attorney

Estate planning isn’t a one-time task—it requires updates as laws and your life circumstances change. A local attorney provides ongoing support, ensuring your plan stays current.

Secure Your Future With a Trusted Mobile Attorney

Estate planning is about more than just documents—it’s about peace of mind for you and your loved ones. At Johnstone Adams, LLC, our tax, trust, and estate attorneys are dedicated to helping Mobile residents protect their legacies.

Contact us today to schedule a consultation and start planning with a local estate planning attorney in Mobile, AL.

Johnstone Adams LLC Ranked by Best Law Firms® in 2025

Fri, 17 Jan 2025 21:33:42 GMT

Johnstone Adams LLC Ranked by Best Law Firms® in 2025

Mobile, AL. United States, January16,2025 ··Johnstone Adams LLC has been recognized in the 2025 edition of Best Law Firms*, a testament to its unwavering commitment to legal excellence. Ranked by Best Law Firms regionally in 8 practice areas, Johnstone Adams LLC has distinguished itself in the legal industry, earning this prestigious accolade.

Firms included in the 2025 Best Law Finns& list are recognized for professional excellence with impressive ratings from clients and peers. To be considered

for this milestone achievement, at least one lawyer in the law firm must be

recognized in the 2025 edition of The Best Lawyers in Americaf).

"At Best lawyers, we are proud to recognize law firms that show an unwavering commitment to excellence, innovation, and client satisfaction, • said Philip Creer, Chief Executive Officer of Best lawyers. "In the legal arena. Credibility is earned through consistent quality, which has propelled these firms to the forefront of the legal industry. •

Achieving a ranking in Best Law Firms signifies high-quality legal practice and a depth of legal proficiency. Recognized firms, categorized into three tiers, receive acclaim on both national and metropolitan levels, reflecting the extent of their practice and geographic reach. Receiving a tier designation

represents an elite status, reflecting the integrity and reputation earned by law firms.

The 2025 edition of Best Law Firms* includes rankings in 75 national practice areas and127 metropolitan-based practice areas. The highest-rated firm in each national practice area attains the prestigious "Law Firm of the Year" honor. The transparent collaborative research process employs qualitative and quantitative data from peer and client reviews, supported by proprietary

algorithmic technology, to produce a tiered system of industry-led rankings of the top 4% of the industry.

Johnstone Adams LLC received the following rankings in the 2025 Best Law

Firms®:

• Regional Tier 1

o Mobile

• Employment Law - Management

• Labor Law - Management

• Litigation - Labor and Employment

• Workers• Compensation Law - Employers

• Regional Tier 2

o Mobile

• Employee Benefits (ERISA) Law

• Health Care Law

• Litigation - Construction

• Tax Law

###

About Johnstone Adams LLC

Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense.

Johnstone Adams, LLC specializes in the following practice areas:

• Banking, Finance & Creditors• Rights

• Business and Corporate including Business Dispute and Shareholder

Rights Litigation

• Construction Litigation

• Employment, Labor and Workers• Compensation Law

• ERISA, Tax, Trusts & Estates

• Health Care including Mental Health

• Immigration including Employment, 1-9 Compliance and Family

• Insurance Litigation: (1) Defense: Construction & Completed Operations; Major Claims & Professional Liability; (2) Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title

• Real Estate including Conveyancing, Environmental & Zoning

• Real Estate Litigation, including Conveyancing, Lien Priorities & Titles

For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.

Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients

Fri, 17 Jan 2025 21:20:04 GMT

Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients

Mobile, AL. United States, January 16, 2025 •• Johnstone Adams LLC is pleased to announce that 7 lawyers have been included in the 2025 edition of The Best Lawyers in America• Since it was first published in1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Johnstone Adams LLC would like to congratulate the following lawyers named to 2025 The Best Lawyers in America list

• Celia J. Collins • Employment Law Management. Labor Law Management. Litigation • Labor and Employment. and Workers' Compensation Law • Employers

Rick A. La Trace - Bankruptcy and Creditor Debtor Rights I Insolvency and Reorganization Law

• E. Russell March Ill - Elder Law

• Wade B. Perry Jr. - Employment Law- Management, Health Care Law, and

Litigation - Labor and Employment

• Elizabeth Darby Rehm - Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment

• Lawrence J. Seiter - Litigation - Construction and Workers• Compensation

Law - Employers

• E. Watson Smith - Employee Benefits (ERISA) Law and Tax Law

###

About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

• Banking, Finance & Creditors• Rights

• Business and Corporate including Business Dispute and Shareholder

Rights Litigation

• Construction Litigation

• Employment Labor and Workers• Compensation Law

• ERISA, Tax, Trusts & Estates

• Health Care including Mental Health

Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation:
Defense: Construction & Completed Operations; Major Claims & Professional Liability;
Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title
Real Estate including Conveyancing, Environmental & Zoning
Real Estate Litigation, including Conveyancing, Lien Priorities & Titles

For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.

Johnstone Adams LLC Lawyer Named to 2025 Best Lawyers: Ones to Watch® in America

Fri, 16 Aug 2024 22:31:00 GMT

FOR IMMEDIATE RELEASE

Johnstone Adams LLC Lawyer Named to 2025 Best Lawyers: Ones to Watch ^® in America

Mobile, AL, United States, August 15, 2024 — Johnstone Adams LLC is pleased to announce that 1 lawyer has been included in the 2025 edition of Best Lawyers: Ones to Watch ^® in America .

Best Lawyers: Ones to Watch in America recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

“The unparalleled methodology of Best Lawyers ensures the value and esteem of our legal rankings through both our traditional awards and our expanded ‘Ones to Watch’ accolades,” said Best Lawyers CEO Phillip Greer. “Clients trust Best Lawyers as a credible and reliable way to identify the most elite lawyers, and it is with great pride that we continue to provide this valued service in the country.”

Lawyers recognized in Best Lawyers: Ones to Watch in America are divided by geographic region and practice areas. Candidates can only be considered for one recognition at a time, either “Ones to Watch” or traditional Best Lawyers awards. “Best Lawyers: Ones to Watch” is not a seed list to “The Best Lawyers” and all hopeful candidates must be nominated, vetted by their peers and undergo an authentication process before they are recognized by Best Lawyers. Lawyers are not required nor allowed to pay a fee to be listed; therefore, recognition by Best Lawyers is considered a singular distinction.

Johnstone Adams LLC would like to congratulate the following lawyer recognized in the 2025 edition of Best Lawyers: Ones to Watch in America :

About Johnstone Adams LLC

Johnstone Adams, LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense.

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

About Best Lawyers

Best Lawyers is the oldest and most respected lawyer ranking service in the world. For 40 years, Best Lawyers has assisted those in need of legal services to identify the lawyers best qualiﬁed to represent them in distant jurisdictions or unfamiliar specialties. Best Lawyers awards are published in leading local, regional and national publications across the globe.

Lawyers who are nominated for consideration are voted on by currently recognized Best Lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers. Those who receive high peer reviews undergo a thorough verification process to make sure they are currently still in private practice. Only then can these top lawyers be recognized by Best Lawyers.

Media Contact

Marketing Manager
info@johnstoneadams.com
251-432-7682

Contract Clauses Your Construction Company Should Negotiate

Wed, 12 Jun 2024 08:00:00 GMT

You might be focused on signing new clients and building their projects when running a construction company . While you’re busy with that, you might overlook the importance of crucial paperwork – like your contract.

While rushing to get started on your project and meet timelines, it’s crucial to stop and take the time to create a contract that protects you and your company and helps you avoid potential disputes with clients and vendors.

When creating contracts, you should negotiate the following clauses.

Scope of Work

One of the most essential parts of the contract you must negotiate is the work scope. Leaving the scope of work on a project vague can get you into trouble. Clients can keep asking for more – for the price you quoted and on the same timeline – which can cost you time and money.

To avoid this, make sure the scope of the work is defined. You should specifically list the specific project’s tasks, materials, and deliverables.

You also need to account for potential problems that can come up. Include a process for handling change requests by the client, especially if construction has already started. Include how requests should be made and documented, what they will cost, and how they will impact the project’s timeline.

To protect yourself, you should also include details about any unforeseen issues at the construction site. If hazardous materials are found or other serious problems occur, document how these will be handled, who will need to pay for any needed work, and how this can impact the project timeline.

Payment Terms

When creating a contract, negotiate a clear payment schedule. Ensure the client understands when payments are due and what happens if the payments are not made on time.

If you have a retention percentage that you withhold as security, document the percentage that will be withheld and when it will be released (typically at the end of the project).

Schedule and Delays

In a construction contract, you should negotiate the exact schedule of the project and how delays are handled.

You need to create a realistic project schedule that builds in time for any unexpected circumstances or delays you might encounter. You should also define what happens if there is a delay due to severe weather, problems getting materials, or other problems that are out of your control.

Risk Management

Construction sites can be dangerous and pose many risks to your contractors and other people on the site. You should negotiate your contracts to address these risks and establish who is liable and how disputes will be handled.

In the contract, you should state the types and amounts of insurance coverage that all parties need.

You should also include limitations on liability to protect yourself and your company from unforeseen events or circumstances during the project.

In addition, if a dispute arises between your construction company and the client, include a clear process for resolving it. The contract should include mediation, arbitration, or other options to help you avoid litigation.

Warranties and Guarantees

Your contracts should include information on warranties and guarantees. If your work is under warranty, state how long the warranty period is and what it covers. You should also state what your guarantee includes and any limitations on this to protect your construction company.

Why Hire Us to Represent Your Construction Company

Negotiating contracts can ensure the protection of your construction company. Hire our construction attorneys at Johnstone Adams LLC to help you create and review contracts to ensure they properly protect you.

Ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

How to Use Immigration Laws to Diversify Your Workplace

Wed, 05 Jun 2024 08:00:00 GMT

Hiring new employees, managing teams, promoting staff members, and more is a lot of work and requires you to follow strict guidelines to ensure workers are treated fairly.

This is already a lot – before adding in complications when hiring immigrants. However, don’t let the fear of immigration laws prevent you from hiring immigrants. These laws can actually be beneficial as they will help you diversify your workplace.

Adding employees from various parts of the world will not only help your company socially, but it can also help you achieve more innovative and unique strategies. This can help your business expand into new markets.

See how complex immigration laws can help you build a more diverse and talented team.

1. Sponsorship Programs

It’s possible to use immigration laws to help you attract the world’s top talents to your company. An H-1B visa program lets you sponsor foreign workers with specialized skills or knowledge. This helps fill roles in engineering, computer science, or finance.

An EB-2 visa focuses on workers with advanced degrees or exceptional abilities. This helps you recruit highly qualified individuals who can contribute significantly to your company.

2. International Student Programs

You can diversify your workplace through international student programs. Students with F-1 visas – who are already studying in the U.S. – can gain practical experience through optional practical training (OPT) programs after graduation. This lets you hire promising candidates already familiar with American work culture.

Students can also work for your company while they are still in school through curricular practical training (CPT). Hiring these students lets you find top international talent early and determine if you want to offer them a job after graduation.

3. Hire an Immigration Attorney

When hiring immigrants, there are vital steps you need to take. First, you must ensure the person can legally work for you. You must collect identification and submit documentation proving you checked their ID and work credentials. To ensure you follow the proper steps during the hiring process, you must contact an immigration attorney to review the latest rules and regulations.

4. Provide Support

After hiring an immigrant to work at your company, you must make sure you take steps to help the employee succeed at their position and your business. You can do this by:

Benefits of a Diverse Workforce

Hiring immigrants and creating a more diverse workplace can have numerous advantages for your company. By taking the right steps, you will add new perspectives and ideas to your company and make employees feel valued and respected.

Why Hire Us For Help With Immigration Laws

Make sure your workplace follows all immigration laws. Hire our immigration attorneys at Johnstone Adams LLC to help you navigate the requirements. This will protect your employees and you from immigration law violations.

Ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” li” t regionally i” 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Too Young For an Estate Plan? Why You Should Create One Now

Wed, 22 May 2024 08:00:00 GMT

Do you think estate plans are for your parents or grandparents? While these might be more common for older people – or those with more assets – they can also benefit younger individuals. Even if you don’t have a lot of property or money in the bank, an estate plan can benefit you and your family.

Check out different ways an estate plan can help young adults.

Accidents Can – and Do – Happen

While we don’t like to think about it, no one knows what the future holds. Anyone can suffer a severe accident at any time. It’s scary, but the reality is that you risk getting into an accident every time you leave your house.

For these unexpected events, estate plans can offer peace of mind. These documents will ensure that your wishes are carried out and your belongings are distributed as you want. This eliminates the stress on your family as they try to determine what to do with your assets and what decisions to make on your behalf.

You Have More Assets Than You Think

While you might associate estate plans with large assets and a lot of money, they also cover other property, such as your children, digital assets, and medical wishes.

One of the most important reasons to create an estate plan is to establish legal guardianship for your children. This ensures your family and loved ones know how you want to raise your children. This can eliminate stress and confusion later.

Estate plans also cover your digital assets, like your social media accounts. You can designate who inherits your online assets and how they should be managed.

You can also specify your medical wishes in your estate plan. You can state what medical care you want – or don’t want – in case you are incapacitated and cannot make your own decisions.

Take the Time Now to Avoid Issues Later

While creating an estate plan might seem like a hassle that you don’t have time for right now, there are many benefits to investing the time now.

For one, these are simple to create and are affordable. When you are young, you can typically make a straightforward plan. You can adjust your estate plan as your age and circumstances change. This allows you to create an estate plan now and add your spouse and children as needed.

Creating a proactive estate plan lets you avoid potential legal battles later. Laying out your wishes and directives prevents your family from needing to make important decisions about your health or property later.

How to Get Started With Your Estate Plan

Creating an estate plan is an easy process. After hiring an estate planning attorney, it’s essential to take the proper steps to get started.

First, you should meet with your attorney to determine the information you need. They recommend you create a list of your assets, beneficiaries, and specific wishes you want carried out.

After gathering this information, you need to create your estate plan and document your wishes. Your attorney will help you finalize this information and ensure that you understand that creating an estate plan is responsible. It doesn’t mean you’re morbid or thinking about death. You are taking the right steps now to eliminate problems for your family later.

Why Hire Us To Create Your Estate Plan

You’re not too young to create an estate plan. Hire our estate planning attorneys at Johnstone Adams LLC to help you make your plan. This will help you ensure your wishes are fulfilled while eliminating stress for your loved ones.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Non-Disclosure Agreements (NDAs): How to Protect Your Confidential Information

Wed, 15 May 2024 08:00:00 GMT

Does your business need a NDA? You need to work with many people to meet demanding business needs. You might rely on numerous people, from employees to consultants and even agencies, to keep your business running – and thriving. While this might help you get work done and grow your business, it can also put your company at risk.

If you give too many people access to your confidential information, you risk having them take your confidential ideas, data, and other trade secrets.

You can prevent this by using a non-disclosure agreement (NDA).

What Is an NDA?

An NDA is a legal agreement that establishes confidentiality. It should document what information is confidential and how it should be handled to ensure the data is protected. These agreements are standard for all vendors, partners, agencies, consultants, and even employees.

What’s Included in an NDA?

You should customize your non-disclosure agreements to cover your business needs and information. Some general information you should include in the NDA are:

Why Do You Need an NDA?

If you’re not sure if you need an NDA, you might want to reconsider. While you want to think you can trust everyone you work with, the reality is that someone can easily take your confidential information if you don’t put safeguards in place.

Because NDAs are so common, vendors and partners will likely not be offended by the need to sign one. They understand it’s a common practice and a necessity to protect your company.

NDAs are essential to helping you protect new ideas, keep your intellectual property safe, and prevent others from using them. They also allow you to work more closely with agencies and other partners. With an NDA in place, you can speak more freely about your business. They also help you reduce the risk of lawsuits if confidential information is misused.

When You Should Use an NDA

There are many situations in which having an NDA in place makes sense. In general, you should use an NDA anytime you share sensitive or confidential information. This can include:

There are also other situations where you might need protection. It’s essential to work with an attorney to determine when you should have someone sign an NDA.

Why Hire Us

Protect your business and confidential information with a non-disclosure agreement (NDA). Hire our business attorneys at Johnstone Adams LLC to help you create and review NDAs. We’ll ensure your vital information is protected and give you peace of mind when working with vendors.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Corporate Transparency Act’s New Reporting Requirements

Fri, 03 May 2024 15:13:00 GMT

Corporate Transparency Act’s New Reporting Requirements

On Jan. 1, the Corporate Transparency Act (CTA) was enacted. This requires certain companies in the U.S. to disclose information regarding who owns or controls a company. Companies must report this to the Treasury Department’s Financial Crimes Enforcement Network (FinCEN).

Which Companies Need to Report to FinCEN?

For U.S.-based companies, corporations, LLPs, or similar business entities formed by filing a document with an office under the law of a state must follow the CTA.

Certain foreign countries also need to abide by CTA if they are registered to do business in the U.S. and are privately formed entities or businesses formed under the law of a foreign country and are registered to do business in the U.S.

Some businesses that do not need to follow CTA are SEC-reporting companies, banks, credit unions, insurance companies, and accounting firms.

Businesses are also exempt if they meet the following requirements:
· Employ more than 20 full-time employees in the U.S.
· Filed a federal tax return the previous year showing more than $5 million in gross sales or receipts.
· Has a physical office in the U.S.

Who Is Considered a Beneficial Owner?

The controlling owner—or a beneficial owner—is considered someone who has substantial control over the business or who owns (or controls) at least 25 percent of the company’s interests.

The CTA does not limit how many beneficial owners can be reported. Still, certain owners do not need to be listed, including a minor child (if their parent or guardian is reported), someone acting on behalf of another person, an employee of the company whose control over the company is only through their employment status, an inheritor whose only interest is a future inheritance, and a creditor of the reporting company (unless they own at least 20 percent of the equity interests and have substantial control over the business).

What Do Companies Need to Report Under the Corporate Transparency Act?

When submitting information per the CTA, companies need to provide specific details about the business . This can include:
· Their full legal name
· Their trade names or other names they do business as
· Their address
· Their jurisdiction of formation or registration
· Their federal taxpayer ID number

Companies also need to submit critical information about beneficial owners.

This information can include:

· Their full legal name
· Their birthdate
· Their home address
· Their driver’s license, passport, or other identification numbers
· Image of their documents with their identification numbers

When Must Companies Report the CTA Information?

To comply with the CTA, all companies that were formed before Jan. 1, 2024, must file their reports by Jan. 1, 2025. New companies that were formed after the first of the year have 90 days after creating their company to file their reports.

After the initial filing, companies need to submit updates within 30 days to provide updated information or to correct any errors.

Failure to comply with the CTA reporting requirements can result in penalties for companies. They can face fines and criminal penalties.

Why Hire Us
When determining if you need to adhere to the Corporate Transparency Act requirements or how to comply with them, hire our business attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Tips for Estate Planning After Divorce

Wed, 17 Apr 2024 08:00:00 GMT

Estate planning after divorce may not seem a priority. Your life can be chaos. Your finances can be a mess, you might have just moved, and you’re trying to build a new personal life.

Added to this list is updating your estate plan. While updating your will and beneficiaries might not be at the top of your to-do list after a divorce, they are essential tasks. Failure to do this can result in your ex-spouse inheriting your retirement account or even your house.

To avoid this, use these tips to update your estate planning after divorce.

Why You Need To Update Your Estate Plan

It’s a great practice to update your estate plan every time you have a life event, like a new marriage, or even the birth of a child, or the death of a loved one. These can impact your will and it’s essential to legally update.

Divorce is especially important, as it can give your ex-spouse more control over your estate than you might intend. While divorce can prevent your ex-spouse from inheriting your estate, per Alabama law, he or she can have access to your children’s inheritance if they are minors. While you might be OK with this, if you are not, then you need to update your estate plan or create a living trust to name a trustee who could manage your assets until your children are adults. This is a way to remove your ex-spouse from the equation.

It’s also essential to be proactive after filing for divorce and before it is finalized. During the divorce proceedings, your soon-to-be ex-spouse can be your beneficiary.

Estate Planning Steps To Take After Divorce

After a divorce, there are a lot of steps you must take to protect your estate. These can include:

· Update your will, trust, healthcare directives , and powers of attorney.

· Update your beneficiaries in your retirement plan, investments, and life insurance policies. These can be automatically updated after divorce, but it’s important to go in and name a new beneficiary.

· Appoint a guardian for your children, in the event you and your ex-spouse both die.

· Name a trustee to manage your minor children’s money and assets if you pass away.

· Determine who should make your medical decisions if you are incapacitated.

· Name a person who should make your financial decisions if you are unable to do so.

Hire an Estate Planning Attorney

It’s essential to hire an estate planning attorney to help you sort through the ins and outs of your estate planning after divorce. You need to hire an experienced attorney to ensure you take all of the needed steps. It’s easy to overlook a step and forget to make an essential update on your will, living trust, or your directives. To remove the risk of having your ex-spouse get more access to your estate than you intend, you need to take the right steps.

It’s also important to work with an attorney as soon as you start the divorce process to ensure you are proactive in removing your ex-spouse as power of attorney or your beneficiary.

Why Hire Us for Estate Planning After Divorce

When you get divorced, hire an estate planning attorney to update your beneficiaries and estate plan. Hire our attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Have a Blended Family? How to Handle Your Estate Planning

Wed, 10 Apr 2024 08:00:00 GMT

When you remarry, there are a lot of details to work out – especially if you or your spouse are bringing children into the family. While you’re focused on getting everyone settled and working out the day-to-day details, it’s important to not overlook the importance of updating your estate plan.

Use these tips to ensure your estate plan reflects your new blended family.

Update Your Beneficiaries

With a new marriage, you must update your beneficiaries to reflect your new spouse. Neglecting to do this could leave your ex-spouse as your beneficiary . By updating your estate plan and naming your new spouse as your beneficiary, you are guaranteeing that your assets will go to the person you intend, and they will not go through probate.

After adding your new spouse as your primary beneficiary, you should then check your secondary beneficiaries and add your children or stepchildren. This will ensure your assets go to them if both you and your spouse die.

Review Your Legal Directives

In addition to updating your beneficiaries, you should also review your legal directives and update your power of attorney. You should again ensure it’s your current spouse who is listed and not your former spouse. Giving someone power of attorney allows them to make medical and financial decisions on your behalf if you are nota able to.

Update Your Will

Updating your beneficiaries ensures your new spouse gets your 401(k), but it does not automatically change your will. You must work with your estate planning attorney to update who gets your assets after your death. This is your chance to remove your ex-spouse and add your new spouse and any stepchildren you’d like to include in your will. How you draft this is up to you. You can leave everything to your spouse and let him or her distribute your assets to the children, or you can create a contract ensuring your spouse honors your will. This can be important if there are family heirlooms you want to stay with your biological children instead of going to your stepchildren, or if there are sentimental items you want left to specific family members.

Be Specific About Your Heirs

This can be a tricky subject, but you might not want to leave equal assets to your birth children and your stepchildren. You can work with your estate planning attorney to determine who should inherit specific percentages of your house, or your assets. You might even leave more to your children than your second spouse, depending on your age and each of your financial situations.

You might also want to prevent one of your children with an addiction from inheriting money or want to arrange for a disabled child’s long-term care. In these situations, you might want to establish a trust. This can also be arranged with an attorney.

These can be difficult decisions and conversations, so it’s important to work with an attorney to document your wishes.

Hire an Estate Planning Attorney

When you remarry, it’s essential to hire a trusted and experienced estate planning attorney. He or she will review all of the steps with you to ensure all of your legal documents are updated with your new spouse and that your stepchildren are added to the necessary forms.

Why Hire Us to Assist Your Blended Family

When you have a new blended family, hire an estate planning attorney to update your beneficiaries and estate plan. Hire our attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com.

Elderly Care: Legal Tips for Long-Distance Caregivergiving

Wed, 03 Apr 2024 08:00:00 GMT

Caregiving can be a difficult task, especially when you live in a different state from your parents. While this is a normal occurrence, and it works out great in many cases – until your parents start to age. As they need more help, it can leave you in a tight spot trying to take care of them long-distance.

There are many steps you can take to ensure your parents are taken care of. Check out some of these long-distance caregiving tips.

1. Recognize What You Can Do

The first step is one of the most important. You must admit to yourself what you can – and cannot – do. While you might want to think you can do it all for your parents, there is no shame in admitting you need help. This is critical because it can help you identify who you need to assist with your parents’ care. For example, if you are comfortable handling their money and bills from afar, you can take on that piece, and seek help for medical care.

2. Talk to Your Parents

You need to have an honest conversation with your parents and other family members about the long-term plan for your mother and father. It’s essential to determine if they will go into a senior care facility, or if they will remain in their house and will require in-home care. Having this conversation will have a major impact on their finances, and the amount of coordination you will need to do to ensure they are getting the proper care, medication, caregiving, and meals they need each day.

If you have siblings, it’s essential to get everyone on the same page and to set up regular meetings with them to divide tasks and ensure everything is getting done. It’s also important to make sure those who are making medical and financial decisions for your parents are legally able to do so. An estate planning attorney can help with this.

3. Plan Regular Check-Ins

While caregiving for your parents from afar is possible, it’s also essential to plan regular visits to see them, talk to their doctors, and help take care of their financial needs for them. If you are not able to make a physical visit to see them, then trying to FaceTime them to better monitor their condition, or scheduling regular meetings with their doctors, accountants, and attorneys can help make you feel more involved in the process.

4. Find a Support System

If an emergency occurs with your parents, you will need to have a plan in place for how to get them help immediately. Since it will take you a while to arrive, you should put a support system in place to ensure there are people near your parents who can help until you arrive. Make sure you keep their contact information handy, and that they know their role. This will make emergencies less stressful and can put both you and your parents at ease.

5. Hire an Elder Law Attorney

One of the most important steps you can take to help your parents from afar is to hire an experienced elder law attorney. They can establish an estate plan, name power of attorney, create a revocable living trust, and take other legal actions to protect your parents and their estate and ensure their wishes are being carried out.

Why Hire Us for Elder Law and Caregiving Assistance

Protect your elderly parents with long distance caregiving and by hiring an estate planning attorney. Hire our attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

How Seniors Can Prevent Fraud When Handling Their Estate Planning

Wed, 27 Mar 2024 08:00:00 GMT

Did you know estate planning can help prevent fraud? Unfortunately, the elderly can be vulnerable to scams. Caregivers, fiduciaries, or even family members can take advantage of seniors through financial exploitation.

To protect themselves and their assets, seniors must establish an estate plan with a trusted attorney.

What Are Common Types of Elderly Fraud?

Elderly people can be exploited in a variety of ways. Because many seniors are less familiar with technology, they can fall victim to a lot of scams involving phones and computers.

Some of the most common types of elderly exploitation include:

· A family member who is controlling their finances or estate.

· Theft from a family member or caregiver who has access to their home or assets.

· Investment scams or selling fake products or services.

· Falsely claiming they won a sweepstakes, and then asking for their personal or financial data.

· Tax and debt collection scams trying to get them to give them money.

· Computer, internet, or email scams getting them to give personal or financial information.

How an Estate Plan Can Protect Seniors Against Fraud

While elderly individuals can be vulnerable to scams and fraud, establishing an estate plan with a trusted attorney can protect them and prevent fraud.

There are several different steps you need to take to offer more layers of protection.

First, you should establish a revocable living trust. This is a legal document that gives a named person the right to make decisions about your money and estate if you are incapacitated or dead. Setting up a revocable living trust prevents fraud by making it more difficult for strangers to take advantage of you. This is also beneficial as it protects you after your death, and allows your beneficiaries to avoid probate.

You should also set up a power of attorney . This allows you to name someone to make decisions on your behalf regarding financial and legal issues if you are not able to make them on your own. By naming someone you trust, you can prevent fraud while ensuring your wishes will be carried out.

You can also designate a guardian. For seniors, a guardian is someone who can legally care for you and make decisions for you if you are incapacitated. This can be the same person as your power of attorney. In some cases, attorneys will set them both up at the same time to ensure you are covered.

It’s essential to put a lot of thought into who you name as your power of attorney or guardian. To prevent fraud and/or them from taking advantage of you, you need to select someone you can trust. Some steps to take when naming a person are:

· Make sure it’s a person who knows your wishes and is willing to carry them out.

· Ensure they can manage their own money and estate correctly.

· Tell others of your wishes so they can keep the person in check and verify your estate is being taken care of.

· If your relationship with a person changes, you can change your power of attorney.

Why Hire Us for Estate Planning Help

Protect your assets and avoid elderly fraud by setting up an estate plan with an estate planning attorney. Hire our attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Small Business Legal Tips Regarding Funding and Contracts

Wed, 20 Mar 2024 08:00:00 GMT

When starting a small business, it’s essential to take all the necessary legal steps to ensure your business is set up correctly. Following the right process from the beginning will help keep your company compliant, and set it up for long-term success.

Check out these legal tips to ensure your small business has the right funding and contracts in place.

1. Be Cautious When Accepting Funding

For small businesses, especially startups, accepting funding to get up and running can be necessary. However, some risks can come with this. Before accepting funding, you need to understand the implications of each type of fund, including loans, grants, or investments. Each type of funding comes with a different set of rules and regulations to keep your business compliant. It’s crucial to work with an attorney to ensure you are following the correct rules and regulations and are handling the funds correctly.

2. Setup the Right Business Entity

When creating your business, you need to select a business structure. You need a lawyer – and possibly an accountant – to help you determine if you should be an LLC, S-Corp, or C-Corp. The type of entity you select has a lot of implications, including tax obligations or liabilities.

3. Establish and File Legal Documents

You must create, complete, and file proper legal documents when starting a business. Depending on the type of business entity, different requirements must be met. For example, for an LLC you must file articles of organization. You also need to file paperwork regarding taxes, payroll, labor laws, safety requirements, licenses and permits, and other rules. A business attorney can help ensure all of the necessary forms and documents are completed and submitted.

4. Establish Written Contracts

It’s essential to formalize all agreements with written contracts. While it can be tempting to take people at their word or through their handshake when making agreements, it’s crucial to put all business dealings in writing. This makes the agreement legally enforceable. If the party doesn’t hold up their end of the contract, you can hold them responsible.

5. Understand Employment and Contractor Laws

New business owners can quickly make critical mistakes when it comes to employees or contractors who work for them. There are numerous legal steps you must take to avoid penalties. You must understand the difference between an employee and a contractor, and have each person submit required documents, including W-9 and I-9 forms.

6. Protect Intellectual Property

If you have original work at your company or have a unique logo, branding, or even your business name, you need to establish a copyright, trademark, or patent to protect it. Legally protecting your intellectual property – including software or products – lets you take legal action against anyone who copies it.

7. Put Employee Handbooks in Place

If you disclose product information to your employees, or if they have access to confidential records, you need to put employee agreements in place to protect your business. An agreement can prevent employees from taking your ideas and giving them to a competitor or using them for their benefit. An employee handbook will establish policies that you can use to protect yourself and your company.

8. Hire a Small Business Lawyer

To ensure you are following the correct steps when setting up your new business, you need to hire an experienced small business attorney. They can help you create and file the documents, and make sure all legal requirements are being met.

Why Hire Us to Help Your Small Business

When establishing a new business, make sure you comply with all laws and mandates. Hire our business attorneys at Johnstone Adams LLC to help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

How Immigration Laws and Requirements Can Impact Your Business

Fri, 15 Mar 2024 08:00:00 GMT

Hiring immigrants be a great asset to your business as you try to bring in top talent. However, it can also come with some complications that can cause you to worry – and require you to know to ensure your company is compliant with all immigration laws.

Check out these common ways immigration laws can impact your business.

How Termination Effects Those on an H-1B Visa

If an individual obtains an H-1B visa, he or she is allowed to legally work in the United States temporarily while they perform that job. Terminating this person’s employment due to layoffs or firings can negatively impact the person and your company.

To terminate an H-1B employee, immigration laws need to be considered. In addition to notifying the employee that their position has been ended, you must also contact the Department of Labor and U.S. Citizenship and Immigration Services. You will also need to cover the cost of their transportation to return to their home country. Failure to follow these conditions can require you to keep paying the employee even after letting them go.

Obligation to Verify Work Authorization

Since 1986, all U.S. employers must verify an employee’s identity and authorization to legally work in the United States. Employers must have all employees complete an I-9 form and collect necessary forms of identification to keep for their records. This needs to be done to all employees, not just immigrants.

Failure to complete an I-9 on all employees can result in criminal charges against companies. To ensure all appropriate documentation has been gathered, many businesses consult an immigration attorney to walk them through the steps, evaluate their processes, and make sure they are compliant.

Use E-Verify

Many businesses are using an E-Verify program to ensure their employees are correctly authorized to work in the United States. This is mandatory for some companies.

Through this, employers can get an electronic verification from the government telling them if the employee is eligible to work for them.

This program is helpful to ensure companies are compliant with immigration laws when hiring new employees, but it also has some requirements you need to be aware of. One of the biggest is that ICE can check your employment records without notice. You also do not get immunity from anyone you hired before implementing E-Verify.

You Need to Be Careful About Questions You Ask

Employers need to be extremely careful when interviewing job candidates. To protect employees, companies cannot deny individuals employment due to immigration or citizenship status. This is tricky because you want to ensure you are offering a job to someone who can legally work for you.

To cover this, you have the I-9 form, and you are allowed to ask the following:

· Are you authorized to work in the U.S.?

· Will you now or in the future require sponsorship for employment visa status?

These are Yes or No questions. You cannot expand on these and ask, “Where are you from?” or any other question related to their citizenship. Even if you are just making small talk, you’re not allowed to ask because it could be held against you if you do not hire the person. They could say you were prejudiced against them based on their nationality, even if that is not the case. You are better off just not knowing and sticking to the basics so you do not violate immigration laws.

Contact Us for Guidance on Immigration Laws

When hiring immigrants, make sure you comply with all immigration laws and mandates, and understand how they can impact your business. To ensure you comply, let our immigration attorneys at Johnstone Adams LLC help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Johnstone Adams LLC Lawyer Named to 2024 Best Lawyers: Ones to Watch® in America

Thu, 02 Nov 2023 16:09:00 GMT

Mobile, AL, United States, August 16, 2024 — Johnstone Adams LLC is pleased to announce that 1 lawyer has been included in the 2024 edition of Best Lawyers: Ones to Watch ® in America .

Johnstone Adams LLC would like to congratulate the following lawyer recognized in the 2024 edition of Best Lawyers: Ones to Watch in America :

About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

About Best Lawyers

Media Contact

Marketing Manager
info@johnstoneadams.com
251-432-7682

Johnstone Adams LLC Lawyers Recognized as Best Lawyers® Award Recipients

Thu, 14 Sep 2023 16:15:00 GMT

Mobile, AL, United States, August 16, 2024 — Johnstone Adams LLC is pleased to announce that 5 lawyers have been included in the 2024 edition of The Best Lawyers in America ® . Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

“For more than 40 years, the rigorous methodology of Best Lawyers has ensured the integrity and esteem of our legal recognitions,” said Best Lawyers CEO Phillip Greer. “It is with great pleasure that we continue to provide potential clients with the pinnacle measurement of credibility through our Best Lawyers awards as they search for counsel.”

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Johnstone Adams LLC would like to congratulate the following lawyers named to 2024 The Best Lawyers in America list:

About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

About Best Lawyers

Media Contact

Shelly Perrone
Marketing Manager
info@johnstoneadams.com
251-432-7682

Immigration Compliance for Employers: How to Ensure Legal and Ethical Hiring Practices

Thu, 31 Aug 2023 17:23:00 GMT

Hiring new employees is hard. Hiring an immigrant is even harder.

There are numerous steps employers must take throughout the hiring process to ensure fair and legal practices when hiring an immigrant.

It’s essential for employers to fully understand the steps they need to take to perform legal and fair hiring practices involving immigrants.

Immigration Policies to Follow

Understand Immigration Laws: The first thing companies need to do is understand the immigration laws and regulations for your area. If you are hiring immigrants, it can be helpful to hire an attorney to help you stay updated on the latest immigration policies and laws. An immigration attorney can help you understand which policies pertain to your business and your hiring needs.

Establish Clear Hiring Policies: To ensure compliance, your company must create and document hiring policies. These should include general policies for all new hires, as well as specific steps to follow when interviewing and hiring immigrants. Some steps that should be included are verifying employment eligibility, and checking documentation. Putting these in writing can help ensure all employees and personnel comply with the policies and procedures.

Check Employment Eligibility: As part of the procedures, companies should implement a process to verify the employment eligibility of all job applicants. This should be followed for all applicants, whether they are an immigrant or not. This typically involves completing Form I-9. During this process, employers must verify each candidate’s identity and work authorization documents they provided, and retain the completed forms as required by law.

Don’t Discrimination: One of the most important aspects of the hiring process is to ensure you are not discriminating against any applicant or employee based on their national origin, citizenship status, or immigration status. All applicants should be treated equally and given a fair opportunity to get the job. This includes being careful during the interview process to not ask candidates certain questions including where they are from.

Know What Work Authorization Documents Are Acceptable: Employers should regularly review the list of acceptable documents for verifying employment eligibility. This will ensure you are using the most current versions, and are catching any updates or changes.

Train HR Staff: Provide training to your Human Resources staff or those involved in the hiring process. Train them on immigration compliance requirements, proper completion of Form I-9, how to recognize fraudulent documents, and how to handle sensitive immigration-related information.

Review Compliance: Your company should conduct regular internal audits to review compliance with all hiring laws and immigration laws. You should evaluate your hiring practices, Form I-9 records, and other related documentation to identify any potential issues.

Keep Records: It’s essential to keep accurate and up-to-date records of all employee information, including Form I-9 and any supporting documents. There should be a clear process in place to organize and safely store these records. If your company is audited or asked to show the documents, they should be easily accessible.

Track Visas: If you have employees who have work visas, it’s essential to monitor the expiration dates. This will help ensure they are renewed on time or extended. There should be a process in place for how to track these expiration dates and ensure your company is complying with all mandates.

Hire an Immigration Attorney: Businesses need to hire an immigration attorney to ensure they are complying with all necessary laws. An attorney can answer questions you have, help you establish procedures, ensure you are collecting and storing the right information and documents, and help you navigate any challenges you encounter.

Why Hire Us

When hiring immigrants, make sure you comply with all laws and mandates. To ensure you comply, let our immigration attorneys at Johnstone Adams LLC help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

When Force Majeure Can Be Used to End a Contract

Tue, 29 Aug 2023 17:23:00 GMT

When trying to get out of a contract, there are limited options to break it without being in breach of contract. One legal option is force majeure.

Learn what force majeure is, when it can be used, and how an attorney can help you determine if it applies to your situation.

What is Force Majeure?

Force majeure is a clause that is typically included in all contracts to remove liability if there are unforeseeable or catastrophic events that prevent the parties from fulfilling their obligations outlined in the contract.

This means that if there is an earthquake or a tornado that damages buildings or prevents people from attending events or getting to work, obligations outlined in the contract can be terminated.

When Force Majeure Can Be Used

While force majeure can get you out of a contract, it can only be used in specific circumstances. Some of these can include:

Unforeseeable Events: Force majeure clauses typically cover events that are beyond the control of the parties involved. Commonly referred to as “acts of God,” these can include natural disasters such as earthquakes, floods, hurricanes, or wildfires.

Government Actions: It can also apply to government actions or regulatory changes that prevent the parties from fulfilling their contractual obligations. This can include a new law that prohibits parts of the contract from being carried out.

War or Armed Conflict: If war breaks out, or if there is an armed conflict, civil unrest, or act of terrorism, force majeure can be used to terminate a contract if the terms cannot be completed.

Pandemics: If a pandemic breaks out and contractual obligations cannot be performed, force majeure may be used. This was demonstrated during the COVID-19 outbreak. When businesses were shut down and people were unable to work, parties were unable to hold up their ends of contracts.

Strikes: If strikes or labor disputes disrupt business and parties in the contract cannot fulfill their obligations, force majeure may be used. However, it’s essential to review the language in the contract to ensure the force majeure clause covers these events.

Supplier Issues: If a key supplier or contractor fails to deliver goods or services due to a force majeure event, the affected party may be entitled to invoke force majeure to terminate or suspend the contract. This means if a hurricane or other natural disaster prevents goods from getting to the needed party, the contract may be terminated. The contract should be reviewed closely to make sure the specific language states the force majeure clause can be used.

Severe Equipment Failure: If severe or unforeseen equipment failure prevents the performance of the contract, force majeure may be invoked. However, it is essential to review the contract language and any specific provisions related to equipment failure or breakdown.

Why You Need an Attorney

There are a variety of events that may qualify for force majeure. However, to terminate a contract, it’s essential to ensure the right language is in the contract. You need an experienced business attorney to review your contracts before signing to see how force majeure is described and under what circumstances it can be used to break a contract. An attorney knows the right process to follow and how to work with the other party to ensure needs are met.

Why Hire Us

When you need to break a contract and want to know if force majeure can be used, let our business attorneys at Johnstone Adams LLC help you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

How to Legally Resolve Contract Disputes

Thu, 24 Aug 2023 17:21:00 GMT

Contract disputes are something everyone dreads. After a long contract negotiation, you might be relieved to finally sign on the dotted line and move forward. Unfortunately, that might not be the end of it. What happens if the other party doesn’t follow through with their end of the contract and you end up in a contract dispute ?

Fortunately, there are legal options you can pursue to resolve contract disputes with the help of a business attorney.

How to Resolve Contract Disputes

Review the Contract: If you have contract disputes , the first step is to carefully read the contract. With a business attorney, you will need to review the contract — including all terms, conditions, and obligations outlined within it. In it, you will need to review all provisions related to mediation, arbitration, or litigation.

Talk to the Other Party: With the advice and guidance of your business attorney, you can initiate communication with the other party. You can try to amicably resolve the dispute while talking it through and negotiating. During the interactions, you should express your concerns and what you hope to achieve.

Attempt Mediation: If negotiation talks fail, you can then try mediation. For this, you must hire a mediator to facilitate discussions between the two parties to reach a mutually accepted resolution. The goal is to achieve a resolution and avoid litigation.

Try Arbitration: Before litigation, you can try arbitration if the contract includes an arbitration clause or if both parties agree to pursue it. This involves presenting the dispute to an arbitrator or panel of arbitrators who review the evidence and arguments from both sides and issue a decision that both parties must accept.

Litigation: If all other methods fail, litigation may be necessary. A business attorney experienced in contract law needs to assist and determine if the case needs to go to court, and what steps will need to be taken. An attorney will file a lawsuit with the court and lead you through the legal process. During the proceedings, it’s essential to follow your lawyer’s guidance. You will need to meet all filing deadlines, provide needed documents and submit them correctly, make necessary court appearances, and follow any other court orders or requests of your attorney.

Enforce the Decision: Once a resolution is reached through mediation, arbitration, or litigation, it’s essential to comply with it and ensure the other party follows the decision or agreement as well. If necessary, you may need to take legal action to enforce the terms or seek remedies for non-compliance.

Why You Need an Attorney

When you need to handle a contract dispute, it’s essential to hire a qualified business attorney who is experienced in contract law. A lawyer can provide much-needed guidance and expertise to determine if you have a case, how strong it is, and what chances you have of getting a favorable outcome. An attorney can help you strategize the best way to resolve the dispute and represent you and your interests – even in court if needed.

Why Hire Us for Contract Disputes

When you have a contract dispute at your business, it’s essential to get help from an experienced business attorney. Let our experts at Johnstone Adams LLC help. They can help you review the contract and its terms, and help you get a favorable outcome.

To get started, contact us at 251-319-465 or info@johnstoneadams.com .

NDAs & Why Your Company Needs Them

Tue, 22 Aug 2023 17:21:00 GMT

Does your company work with contractors, agencies, or vendors who have access to vital, confidential information related to your business?

You need to ensure your information remains confidential. This can be easily done by establishing a non-disclosure agreement , or an NDA.

What Are NDAs?

Non-disclosure agreements are legally enforceable contracts between two parties that create a confidential relationship. It prevents one – or both – parties from disclosing confidential information to others outside of the agreement. This is crucial to protect your company’s information from your competitors.

NDAs are typically created with employees, clients, business affiliates, and third-party vendors. If you’re working with a business affiliate, the NDA may be bilateral, meaning both parties are sharing private information and both are prevented from disclosing it to others. If you are working with a vendor, you might enter into a unilateral NDA, meaning that the obligations only apply to the vendor, as you are the only one disclosing information.

What’s Included in an NDA?

NDAs can include a variety of information. Some of the most common elements found in an agreement are:

Why NDAs Are Important

NDAs are essential to protect your business’s ideas and information. Some reasons you need to establish one with another party include:

Protect Confidential Information: NDAs protect sensitive and confidential information that may be shared with employees, contractors, vendors, or any other parties. This can include intellectual property, data, trade secrets, and more. An NDA protects your information from being shared.

Get a Competitive Advantage: If you’ve invested time and money to get a competitive edge over your competitors with research and innovation, you want to maintain and protect that. NDAs ensure that competitors or unauthorized individuals do not gain access to it.

Secure Business Relationships: If you are working with another business on a project or initiative, you want to ensure any confidential information shared is protected. This enables you and other companies to have open discussions and share information.

Gain Customer Trust: NDAs will help your customers trust your company by ensuring their information is kept private and confidential. This is essential for businesses in the financial and healthcare industries, where customers rely on their information being kept private.

Facilitating Mergers and Acquisitions: If your business is merging with another business or acquiring a company, an NDA is often used to make a safe transfer of sensitive financial and operational information.

Legal Recourse: If an employee, third-party vendor, contractor, or another group commits a breach of confidentiality, having an NDA in place will provide a legal means to take action. You can seek recourse if the other party violated the terms and conditions of the NDA.

Why Hire Us

You need to protect your company’s private information, ideas, financial information, and other resources. Protect it through a non-disclosure agreement with your employees, contractors, vendors, and others you do business with. Let our corporate attorneys at Johnstone Adams LLC help you protect your intellectual property and other confidential information.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Estate Planning: When To Make Updates

Thu, 17 Aug 2023 17:20:00 GMT

Estate planning is necessary for everyone – no matter their age or life circumstances. But, while it’s crucial to create a plan, it’s just as essential to keep it updated. You must review and update your estate plan frequently, especially during certain events.

Updates to Make to Your Estate Plan

Personal changes: You should review your estate plan after any significant changes in your personal life. This includes major life events such as marriage, divorce, or the birth or adoption of a child. You may need to update beneficiary information, add guardianship information, or change who you’re leaving assets to based on life changes. Failing to do this could result in your ex-spouse still being listed as one of your beneficiaries, for example.

Financial updates: If your wealth significantly changes, you should update your estate plan. This can include if you inherited money or property, acquired new assets, or your income significantly increased or decreased. Updating your estate plan lets you work with our estate planning attorney to discuss asset protection, tax planning, or charitable giving based on your current financial situation.

Change of residence: If you moved to a different state – or even a different country – since you created your estate plan, you should talk to your attorney about how that can impact your plan. There can be differences you need to account for, including tax changes, or other local laws you need to adhere to.

Tax law updates: When creating an estate plan, you might not think about tax laws and how they impact your assets and property. Estate taxes and inheritance taxes can affect your plan. You should review your estate plan periodically with a tax professional or your estate planning attorney to discuss any changes that could affect you and your loved ones.

Changes in medical status or healthcare wishes: Your estate plan should include information about your medical wishes and directives. This can include documents such as a living will or healthcare power of attorney that outline your preferences for medical treatment and end-of-life decisions. If your wishes regarding medical care change, it’s important to update these documents accordingly. You should also update your wishes if you are diagnosed with an illness or condition. This can impact the types of decisions someone may need to make on your behalf, especially if there is a risk you will be incapacitated.

Business ownership changes: If you own a business, you should work closely with your estate planning attorney to document any changes. This can include any changes in ownership or structure. You should document how the business will be transferred or managed after your death, or how you want to provide for business partners or employees. You should also work with your estate planning attorney if you want to leave instructions for your business and its assets after your passing.

Estate planning attorneys recommend reviewing your estate plan every few years or when a significant life event occurs. An attorney will help you decide what events require changes, how to alter your documents, and any other details you should include in your estate plan.

Why Hire Us for Estate Planning

When you have questions about your estate plan and when to make changes to it, trust our estate planning attorneys at Johnstone Adams LLC.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Common Estate Planning Mistakes to Avoid

Tue, 15 Aug 2023 17:17:00 GMT

Everyone must create an estate plan, no matter their age. These documents are essential to ensure your affairs and handled the way you want after your passing.

To make sure your wishes, requests, and information are properly – and legally – documented, it’s essential to hire an estate planning attorney and avoid these common estate planning mistakes.

Not Having an Estate Plan

One of the biggest mistakes you can make is failing to have an estate plan . Without a plan, your assets may be distributed according to state laws, which may not align with your wishes. Creating a comprehensive estate plan, including a will or trust, is essential to ensure your desires are documented and carried out.

Failing to Update Your Estate Plan

If you made an estate plan years ago – or if you’re making one now – you likely optimistically thought your life circumstances would not change. You assumed you’d have the same people in your life, the same assets, and other details would be the same. Unfortunately, things can change. We don’t like to think about it, but divorces happen. Loved ones can pass away unexpectedly, and more. These life changes need to be documented in your estate plan. Failing to do so can result in the wrong people obtaining your assets or making decisions on your behalf.

Not Naming Beneficiaries

While it’s great for you to take out insurance policies, retirement accounts, and investment accounts, these are useless unless you appoint beneficiaries. You must list the person you want to inherit your accounts and assets. These should also be updated as your life circumstances change.

Naming the Wrong Executor

It’s essential to name the correct executor of your estate. This should be someone you trust and can rely on to make responsible decisions and carry out your wishes. If you name the wrong person, you may be stressed about whether or not they will be able to take on the role.

Forgetting to Account for Incapacity Planning

While it’s not pleasant to think about, in addition to accounting for wishes after your passing, you should also document what happens if you become incapacitated. You will need to name the power of attorney for healthcare directives.

Overlooking Tax Implications

When creating an estate plan, it’s important to consider the tax implications your estate can have for you and your loved ones. Structuring your plan incorrectly can result in additional taxes, or missed opportunities to save on taxes.

Failing to Communicate Wishes

It’s crucial to tell your loved ones you created an estate plan and let them know what is documented in it. Giving them a heads-up and discussing it will help avoid disputes between family members after your passing.

Not Including Digital Assets

When documenting your assets in your estate plan, it’s important to not overlook your digital assets and accounts. You should include logins and passwords to your digital accounts so your family can access your information.

Creating Your Estate Plan

It’s important to hire an estate planning attorney to create your estate plan. Trying to create your plan without a lawyer can result in numerous issues. You can miss a step, forget to properly file paperwork or documents, and make an error in filing.

Why Hire Us for Estate Planning

When creating an estate plan, hire an attorney and avoid making common errors. Get help from the estate planning experts at Johnstone Adams LLC.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

I-9 Record-Keeping and the End of COVID-19 Flexibilities

Fri, 21 Jul 2023 00:09:00 GMT

Guardianship vs Power of Attorney: What’s the difference?

Thu, 29 Jun 2023 08:00:00 GMT

When creating an estate plan, an attorney might suggest including power of attorney in the documents. Initially, you might think this is the same as guardianship.

While both of these roles play an important part in making decisions on your behalf if you’re incapacitated and unable to make decisions for yourself, it’s essential to understand how these are similar, and what the key differences are between the two.

Learn more about guardianship and power of attorney below.

Guardianship

When guardianship is assigned, the person appointed by the court will be able to make decisions on your behalf if you are incapacitated and cannot make decisions on your own.

If you suffer from a physical or mental disability, you will need someone to serve as your guardian. This person will be responsible for making all of your decisions related to health care, finances, personal affairs, and other issues that come up.

There are three types of guardianship:

Under full guardianship, the court will give a person complete responsibility and decision-making ability or authority over another person. This can include control of their financial, legal, and personal affairs.

With limited guardianship, this typically gives a person responsibility for selected needs of another person, like property and/or healthcare. Other decisions would be made by others.

With joint guardianship, there would be more than a single guardian appointed. These two individuals will work together to make decisions on behalf of the person.

Power of Attorney

Different from guardianship, power of attorney is not a court-appointed person. Instead, it is a legal document that allows someone to make decisions on your behalf. You can select who this person is, and name them in your estate plan.

This person can make decisions related to your finances, health care, personal affairs, and other matters as stated in the power of attorney document. When creating the document with your estate planning attorney, you can determine if you want to limit the power of attorney to specific decisions, or if you want a general power of attorney that allows the person to make all decisions on your behalf.

Power of attorney is usually used when you are still able to make decisions for yourself but want to appoint someone in case you lose the ability to do so.

Your estate planning attorney can help you define the specifications of the power of attorney, and help you determine who you want to appoint as power of attorney.

While the biggest difference between guardianship and power of attorney is that guardianship is a court-appointed process for making decisions on behalf of someone who isn’t able, and power of attorney refers to a legal document that gives someone permission to make decisions for another person, it’s essential to talk to an estate planning attorney to fully understand the differences between the two and the pros and cons for both.

Why Hire Us

Make sure you appoint a power of attorney with your estate planning attorney . This is an essential step to ensuring your wishes will be followed if you were to fall ill and not be able to make decisions for yourself. To learn the difference between the power of attorney and guardianship, let our estate planning attorneys at Johnstone Adams LLC help you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Why Young Families Need Estate Planning

Mon, 26 Jun 2023 08:00:00 GMT

If you have a young family, estate planning might be far down your to-do list. You are probably focused on watching your child hit milestones like crawling and walking, losing their first tooth, and other exciting achievements.

Estate planning might not be a top priority. However, this is essential to start thinking about – even when your family is young.

You Need to Choose Your Children’s Guardian

If the unthinkable were to happen and both parents die, you need to know that your children are taken care of. Selecting a guardian as part of your estate plan allows you to choose your children’s caretaker and can save your family stress and pain. Selecting a guardian as part of an estate plan can be the best way to guarantee your children go to the person you selected. Otherwise, the court might name your children’s caretakers for you.

Selecting your children’s guardian is an important decision and it should not be taken lightly. Who is up to the task of caring for them? Who are your children close to? Whose values are similar to yours? These should be weighed when choosing a guardian. An estate planning attorney can assist you in determining the criteria and what to consider when selecting a person.

You Need to Ensure Your Children Are Financially Secure

If you have a young family, you might not think you have enough wealth to justify setting up an estate plan. However, you might have more assets than you think.

An estate planning attorney can help you identify your property and assets that should be accounted for in your estate plan. They can also advise you on what plans to put in place now – such as a life insurance policy. Your attorney will also assist you in properly designating your beneficiaries to ensure the benefits go to the right people.

You Can Help Your Family Avoid Probate With Estate Planning

Creating an estate plan can help your family avoid probate after your passing. This can be a time-consuming and expensive process where the court distributes your assets. You can avoid this by instead creating an estate plan that properly lists all of your assets and who they should be given to.

You Need to Appoint an Executor

It’s never too early to appoint an executor to your estate. This person will help manage your estate until your young children are adults. They will ensure your children receive the money and assets they inherited. This can include your retirement account, house, and other property. When choosing an executor, it should be someone you trust to properly take care of the estate and ensure it’s distributed according to your wishes.

Keep Your Tax Liabilities Low

Establishing an estate plan can help your loved ones avoid taxes on your assets. Using an estate planning attorney, you can make sure your tax liability is minimal, and that all assets are distributed in a tax-efficient manner.

Why Hire Us For Estate Planning Help

If you think you are too young to create an estate plan, you should reconsider. Get help from the estate planning experts at Johnstone Adams LLC to make sure your children are taken care of after your passing – both physically and financially.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

How to Protect Your Assets from Long-Term Care Costs

Mon, 19 Jun 2023 08:00:00 GMT

As you get older and your health deteriorates, you might have to leave your home and move into a long-term care facility . Whether it’s an assisted living facility, a nursing home, or another form of senior living, this can quickly become extremely expensive.

Long-Term Care Planning

If you’re worried about paying for the needed care, before entering the facility you should talk to an estate planning attorney about how to protect your assets. Some recommendations they might make are below.

1. Give Money to Family, Friends Before Getting Sick: Typically, no one can predict when they are going to get sick, or when a life-changing accident will occur. This makes this step difficult to accomplish, but it’s an important task to save your assets from long-term care costs. Giving money to your loved ones before you get sick – an early inheritance – can protect it from creditors looking to collect money for your care after your death. Transferring this money and other assets before getting sick lets your family legally keep the gift.

2. Create a “Life Estate” With an Attorney: With the help of an estate planning attorney, create an agreement with a loved one (a person who will inherit your home) to allow you to live in your home as a tenant. You can live there until your death. At that time, the designated person will take on ownership of your home. Following this process will prevent the state from making a claim against your property to cover medical expenses. There are some details your attorney will make you aware of. If you establish this transfer five years before entering a long-term care facility, you will not face any financial penalties. However, if you establish it within five years of entering a facility, then you may face a penalty for transferring the property.

3. Make Regular Payments To Your Spouse: Your estate planning attorney will make you aware of the Federal Spousal Impoverishment Act and encourage you to make monthly payments to your spouse. This act protects spouses of long-term care patients by letting them exclude their income when paying for their loved one’s care. As long as your spouse’s monthly income is lower than the exempt amount, you are allowed to give them money each month. This income is then considered exempt income for your spouse, and it’s protected by law.

4. Create an Irrevocable Trust: When creating a trust, consult an estate planning attorney. While a living trust is not exempt from long-term care costs, an irrevocable trust is. The interest and dividends you receive from the trust are protected and cannot be seized by creditors.

5. Establish a “Pour-Over” Trust: In this type of trust, you protect your assets while letting you access money in your trust. To establish this, you need to create a will to include a testamentary trust that provides for the welfare of a surviving spouse. Some funds will “pour over” into the living spouse’s estate, and the testamentary trust protects your money from being seized for your care costs.

Why Hire Us to Assist With Long-Term Care Planning

If you are worried about losing your assets to your long-term care facility, it’s essential to hire an estate planning attorney to discuss your options and determine how to protect your money and estate. Let our experts at Johnstone Adams LLC help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

How to Choose the Right Executor for Your Estate

Thu, 15 Jun 2023 08:00:00 GMT

When making an estate plan, one of the most crucial steps is to name an executor for your estate. This person will make sure your estate is taken care of and distributed correctly after your passing. This can include paying bills and filing taxes, notifying agencies of your death, and more.

Because of the key responsibilities this person has, it’s essential to appoint the right person. Consider these tips when selecting your executor.

Choose a Responsible Person as Executor

An executor has to complete a lot of tasks – on time – after your death. Some of their responsibilities can include getting information from banks, giving instructions to financial institutions, selling your property, working with estate planning attorneys, and much more. They will also need to complete and file a lot of paperwork that must be completed correctly and on time. To ensure these tasks are done correctly, you must appoint a responsible person as your executor . Because of the nature of these tasks, you might want to consider someone who has a financial or legal background.

Make Sure the Person is Honest

An executor is responsible for distributing the assets of your estate, and they will have access to your financial accounts to complete key tasks, close accounts, and distribute the funds. It’s essential to appoint an executor who is honest and trustworthy. You are counting on this person to follow your wishes and protect your assets. If they are dishonest, they could take money from your estate – cheating your beneficiaries out of their inheritance.

If there is a problem with an executor and if your friends and family suspect they are stealing from the estate, he or she may be removed by the court. The estate could then file a lawsuit against the executor to recover any lost assets.

Consider Your Friends and Family

When thinking about honest and trustworthy people in your life, you will likely think of your friends and family. You can name a close friend or family member as your executor. This could be a child or sibling, or another close relative that you trust to handle your estate.

Make Sure They Understand the Role

When considering someone as your executor, make sure they understand the role. You want to ensure they are up to the task, so you should review all of the duties and responsibilities with them. If they are comfortable, then you can move forward. But if they are not up for the job, then you should consider appointing someone else.

Hire a Professional Executor

If you cannot think of a friend or family member who would make a good executor, then you should consider hiring a professional executor. This can be a bank, trust company, or estate planning attorney. Choosing a professional will assure you that the job will be carried out correctly.

Update Your Selection

As you have life changes and people come in and out of your life, you should regularly evaluate whom you choose as executor so you can change it if needed. For example, if you get married, you might want to update it to your spouse. However, if you get divorced, then you should make a new selection. You can work with your estate planning attorney to update your estate plan and your executor as needed.

Why Hire Us To Help Select an Executor

When you need to create an estate plan or name an executor to your estate, trust our estate planning attorneys at Johnstone Adams LLC.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

What Goes Into a Will (And Why You Need an Attorney)

Wed, 07 Jun 2023 18:08:00 GMT

Do you have a will in place? You might think this is something you can put off, but at the risk of sounding grim, the reality is you never know what will happen. For that reason, it’s essential to document your wishes in a legal document.

What To Include in Your Will

Your will outlines how your assets and property will be distributed after your death. It typically includes the following information:

Why You Need an Attorney

It’s no secret that you can create a will online or without the help of a lawyer . While you can – it’s not advisable. You need an experienced professional on your side to help you navigate the process, and make sure your document is legal, and that it’s filed appropriately.

An estate planning attorney can provide:

Why Hire Us for Your Will

It’s essential to have a lawyer help you create a will. Let our estate planning attorneys at Johnstone Adams LLC help you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

What You Need to Know About Medical Directives

Thu, 01 Jun 2023 18:07:00 GMT

Medical directives are essential. Do you have a medical directive in place? Are you putting it off because you’re currently healthy, and don’t see the need? It’s more essential to establish a medical directive (which is also called an advance directive or living will), while you are healthy. This ensures you have time to make informed decisions and are of sound mind to make important choices about your care.

Types of Medical Directives

The first thing you should know about medical directives is that there are numerous types of these. Some can include living wills, durable power of attorney for healthcare, and do not resuscitate (DNR) orders. These fall under medical directives, but there are key differences between them. Living wills outline your preferences for medical treatment if you become incapacitated. A durable power of attorney for healthcare designates a person to make medical decisions on your behalf if you can’t do so. DNR orders indicate that you do not want to be resuscitated in the event of cardiac or respiratory arrest.

Importance of Medical Directives

Medical directives ensure your wishes regarding your medical care are respected, even if you are unable to communicate them. These documents also help reduce stress and confusion for your family members and medical professionals by providing clear guidance on your medical preferences. This means your loved ones don’t have to weigh over a decision and try to think about what you would want – you have decided for them and they just need to carry it out.

How to Create a Medical Directive

Creating a medical directive involves documenting your medical preferences and appointing a healthcare proxy to make medical decisions on your behalf. These documents can be created with an estate planning attorney and must be signed in the presence of witnesses or a notary public, depending on the state’s requirements.

Keeping Medical Directives Updated

It is important to review and update medical directives regularly with your estate planning attorney to ensure that they reflect your current preferences. Changes in health status, medical treatments, and personal relationships may all require updates to your medical directives. For example, if you get divorced, you might want to change who is allowed to make decisions on your behalf.

Accessing Medical Directives

Medical directives should be stored in a safe and accessible location, and copies should be provided to family members, healthcare providers, and the designated healthcare proxy. Medical alert bracelets or wallet cards can also be used to provide quick access to your medical directives in an emergency. It’s essential to make sure the right people are informed so your wishes are carried out.

Medical directives let you make decisions about your medical care long before you fall ill. These ensure your wishes are followed and that the right people are communicating your choices on your behalf. It’s important to work with an estate planning attorney to create your medical directives and update them as needed.

Why Hire Us

Medical directives are not just for the elderly or terminally ill. These are for everyone – and should be established when you are healthy. This gives you the most control over your care when you do fall ill. To create your medical directives, let our estate planning attorneys at Johnstone Adams LLC help you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Tax Issues a Lawyer Can Help You With

Sun, 28 May 2023 18:07:00 GMT

What one word instantly instills dread and fear in almost all Americans?

Taxes.

No one enjoys calculating their taxes, filing them, and certainly not paying them. Even if you are one of the lucky ones with a refund coming, there is always that fear in the back of your mind that you could be one of the few who are audited.

Fortunately, if you encounter a tax issue , you are not alone. Tax attorneys and a business attorney can help.

Why Hire Us For Tax Issues

Don’t face a tax issue on your own. You need experts to represent you. Let our business attorneys at Johnstone Adams LLC help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

I-9 Record-Keeping and the End of COVID-19 Flexibilities

Mon, 22 May 2023 12:18:00 GMT

Overview of Employment Verification

U.S. employers are required to verify the identity and employment authorization of individuals they hire using the Form I-9.

Some employers may voluntarily use the E-Verify system to verify employees’ document electronically with the Department of Homeland Security (DHS). E-Verify does not replace the I-9 record-keeping requirement, but it gives employers confidence that an employees’ documents are legitimate. While it’s optional, some employers may be required to use E-Verify by a state or as a condition for federal contracting.

Pandemic Policies Are Ending

What were the pandemic-era requirements? During the pandemic, DHS implemented an inspection deferral policy. Under this policy, employers with employees working remotely could remain compliant by following these steps:

» New employees return Form I-9 with Section 1 completed and signed no later than the first day of employment (after accepting the job offer).

» Employers inspect identity and authorization documentation furnished by new employees AND complete and sign Section 2 of the I-9 through in-person or remote means no later than three days after a new employee’s first day of work.

What Should Employers Do Now?

Employers should take steps now to complete physical examination of documents before August 30, 2023. This is also an opportunity for employers to conduct an internal audit of their Form I-9s with counsel. Employers should also review the integrity of their employment verification procedures, especially if they relied on the pandemic era’s remote verification policies. This will give them the information needed to make an informed decision about whether to take advantage of any future remote verification system in the case that DHS implements one.

If you have any questions, please contact Rick La Trace, Esq. at Johnstone Adams, LLC at 251-441-9255 .

©2023 American Immigration Lawyers Association
AILA is the national bar association of immigration lawyers comprised of over 16,000 members located in every state of the United States and worldwide.

Dos and Don’ts of Job Interviews for Employers

Sun, 21 May 2023 18:07:00 GMT

When you’re interviewing job candidates for an opening at your company, your questions need to do more than just see if the person is a good fit for your team and the role. You need to make sure you are following all laws when preparing your questions and evaluating candidates during job interviews.

The interview process can be far more complicated than asking questions to determine if the person is qualified for the position. The small talk you make, and the personal, getting-to-know-you questions you ask all need to be carefully planned out to ensure you don’t violate any anti-discriminatory laws during job interviews.

To ensure you are following all employment laws , consider these Dos and Don’ts when conducting job interviews.

What To Do While Interviewing a Job Candidate

Job interviews serve the purpose of ensuring the candidate is the right person for the job. You need to make sure they can do the work and that they fit with your company’s culture. If these are not aligned, then the candidate likely will not work out long-term. To make sure you are hiring the best candidate, you should do the following before and during job interviews:

What Not To Do Candidate Job Interviews

Interviewing potential job candidates is extremely important. It determines who will be added to your team, and what talent they might bring to the role. However, there is also a lot of room for error. Asking the wrong question can land you and your company in trouble. To avoid this, avoid the following during job interviews:

Why Hire Us

Don’t make a crucial mistake while interviewing a job candidate that lands you in a discrimination lawsuit. Let the experts at Johnstone Adams LLC help you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

5 Things You Can Do Now To Prepare for Elder Care

Sun, 14 May 2023 18:06:00 GMT

Does preparing for elder care seem like a task that’s far off in the future? Even if it is decades away, it can be time to start planning for it now. Whether you are planning for yourself, or helping your parents make accommodations for their care, it’s never too early to start preparing – no matter your age.

Before you enter your elderly years, there are tasks you can complete now to start preparing your estate and documenting your elder care wishes.

Making these decisions and taking these steps is never desirable, but they are essential to ensuring your wishes are carried out as you seek elder care. Putting these off until you need them can put you in a tough position to try to get your documents and finances in order. It can also leave you scrambling to find the right type of housing, limiting your choices. And if you are in an accident or are unexpectedly incapacity, without end-of-life care instructions documented — or someone appointed as power of attorney — it can prevent your wishes from being known and carried out.

Why Hire Our Elder Care Attorneys

When preparing for elderly care and making key decisions about end-of-life and establishing trusts and wills, let the experts at Johnstone Adams LLC represent you. They can help you prepare and take the stress out of the situation.

To get started, contact our elder care team at 844-682-7682 or info@johnstoneadams.com .

5 Problems Construction Lawyers Can Help You Solve

Sun, 07 May 2023 18:05:00 GMT

Construction lawyers can help with a variety of matters. Are you building a commercial property, and you’re running into issues – whether it’s related to the contract, timeline, or payments? Did materials not arrive on time, and now you’re behind schedule?

You may need the help of a construction litigation attorney. An attorney knows that construction projects are expensive. With a lot of money on the line – for both sides – it’s essential to have someone fighting for you to make sure you get what you need.

Don’t risk handling disputes or issues on your own. This can cost your company a lot of money, or put the project at risk. Instead, you need to hire a construction attorney.

Problems Construction Lawyers Can Help Resolve

There are many problems construction lawyers can help resolve. Some of the most common are:

There are many other areas where construction lawyers can help your company. Some other areas include help with zoning laws, understanding regulations, and knowing all legal requirements related to your project and the area where it is being built.

Why Hire Us

When you need a construction attorney to represent your company or project, trust the work to our experts at Johnstone Adams LLC. Our construction litigation attorneys provide legal expertise to all players in the construction industry involved in both private and public projects. We can help you resolve various issues quickly and professionally.

Our clients include general contractors, subcontractors, suppliers, developers, owners, construction lenders, and shipbuilders.

We also provide legal advice to architects, engineers, banks, sureties, and insurance companies.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

5 Reasons to Create a Trust

Mon, 01 May 2023 18:05:00 GMT

Are you not sure if you need a trust, or you don’t know what the benefits of creating one are? It’s important to understand the advantages these can provide and to know when you need to establish one.

What Is a Trust?

First, it’s essential to understand what a trust is. This is a legal arrangement where a trustee holds and manages assets for another person or persons – the beneficiaries. The assets can include property, investments, and other values. The trustee will manage the assets according to the terms of the trust.

One of the perks of a trust is that it is not subject to probate court. It can also be used to protect assets from creditors, lawsuits, and other risks.

Why You Should Establish a Trust

Trusts can be created for a variety of reasons. Some of the most common include:

Why You Need an Attorney

When establishing a trust, it’s essential to hire an estate planning attorney. Trying to do this on your own – or through a program you bought online, or may have found for free – can lead you open to mistakes. You need an attorney working for you who knows the ins and outs of the legal system and knows what needs to go into your trust, what documents need to be filed, who needs to be made aware of the trust, and more. An attorney is also available to help you change the trust as needed. They can also answer questions from your beneficiaries and help them manage their assets.

Why Hire Us

Are you questioning whether you need a trust, or when to create one — or if you need a lawyer to help? Resist the urge to create one online on your own. This might seem like a great deal, but doing it alone without the help of an attorney can leave you open to a lot of issues that can impact you and your beneficiaries. If you’re considering setting up a trust, get help from the experts at Johnstone Adams LLC.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

10 Ways Corporate Attorneys Can Help Your Business

Mon, 24 Apr 2023 18:06:00 GMT

Are you trying to determine if you need a c orporate attorney for your business? If you’re looking at the added expense and trying to figure out if you can afford it, you might be looking at the situation wrong.

Instead of asking if you can afford a corporate attorney, you should instead ask if you can afford NOT to hire one.

Take a look at the variety – and crucial – legal services a corporate attorney can provide to your business to keep you out of legal trouble and save you money.

Why Hire Our Corporate Attorneys

When you need a corporate attorney to help with your company’s contracts, mergers, litigation, and more, let the experts at Johnstone Adams LLC represent you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com . We are ready to help.

Financial Issues a Probate Lawyer Can Help With

Sat, 01 Apr 2023 18:10:00 GMT

When a loved one dies, there are a lot of undesirable tasks you will need to complete while saying your goodbyes and settling their estate.

Probate can fall under this category. Dividing up a family member’s assets and belongings is never something anyone wants to do, but unfortunately, it has to be done. And it has to be done in a way that follows the legal process around probate.

Part of this process is taking care of the deceased’s outstanding bills and dividing their other financial accounts. This can be messy, and it’s essential to follow the laws around handling these accounts. Because of this, it’s recommended that you hire a probate lawyer to help settle financial issues.

What is Probate?

First of all, it’s crucial to level set on what exactly probate is . This can be a term you’ve heard a lot but aren’t sure what it means.

By definition, probate is the legal process of administering a person’s estate after their death. This includes distributing their assets to their beneficiaries. While in most cases a person leaves a will behind that provides instructions for how their estate should be divided, when there is not, the estate must go through the probate courts.

Probate Lawyer Vs. Estate Planning Attorney

When organizing your assets, or those belonging to a loved one, you might wonder when you need to hire an estate planning lawyer and when you need a probate lawyer.

There are key differences between the two.

You would hire an estate planning lawyer while you are alive to organize your assets, create a will or a trust, and assign powers of attorney. These attorneys help you prepare for your end-of-life care and wishes.

In contrast, you would hire a probate lawyer after a loved one has passed. You need their help in administering the estate and guiding you through the probate process.

How Probate Lawyers Help With Financial Issues

One of the items a probate lawyer can help you and your family with is handling pending financial matters that your deceased loved one left behind.

While they can handle a variety of financial matters, some common issues they help with are:

This list will vary by person and family. There might be specific financial questions you have for a probate lawyer, or there might be processes your attorney can help you through to try to get out of probate as soon as possible.

While it might seem like your loved one’s finances are straightforward and you think you can handle them and the probate process on your own, it’s important to not overlook the emotional aspect. Digging through the deceased’s accounts can be difficult, and when you’re dealing with money, tempers can flare within the family. A probate lawyer is a third party who can objectively handle the accounts and file the paperwork on your behalf.

Why Hire Us

Are you curious if you need a probate lawyer to help with your loved one’s finances? Let the experts at Johnstone Adams LLC represent you.

Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Hiring an Immigrant? What Employers Need to Know

Fri, 31 Mar 2023 18:09:00 GMT

When filling an open role on your staff, you might find a perfect candidate who is fully qualified, fits your company culture and would make a great addition to your team.

But, there’s one potential complication – they are an immigrant.

Fortunately, this doesn’t mean it’s the end of the road for this candidate. It just means you need to make sure they are authorized to work in the U.S. and that you collect the right documentation for them.

How To Legally Verify They Are Authorized To Work in the U.S.

When hiring an immigrant, you must verify they are legally eligible to work in the United States. As an employer, the U.S. government holds you responsible for enforcing immigration laws when hiring employees. As part of this, you need to have every new hire complete Form I-9 .

You will need to ensure each of your employees falls into one of these categories to be legally hired:

The documents your employees provide while completing Form I-9 will reveal which category they fall into. Specific documentation and identifications need to be provided when completing the Form I-9. Acceptable documentation and identification your employees may present can be found in the instructions to the Form I-9.

What You Can’t Do When Hiring an Immigrant

When interviewing and considering prospective candidates for employment, there are certain actions you should avoid.

For one, you cannot show a preference for one of the above listed four classes of legal workers. If they fall into one of those four categories, they are eligible for employment. Excluding a candidate due to which category they fall under can be considered discrimination. On the Form I-9 there is a Anti-Discrimination Notice warning against not accepting a certain type of identification or discriminating against a candidate based on the form of documentation they presented.

What If They Can’t Legally Work In the U.S.?

If a job candidate does not currently have authorization to work in the United States, it may be possible for the employer to sponsor the candidate so they can work or the employer.

Some options may include:

Why You Need an Immigration Attorney

When hiring an attorney, there are certain documents you need to submit, and procedures you need to follow. Failure to do so can result in penalties for your company. To avoid any issues, hire an immigration attorney to walk you through the process and ensure you are not discriminating against any prospective employees.

Why Hire Us

When considering hiring an immigrant at your company, get help from the experts at Johnstone Adams LLC.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

What To Include In Employee Contracts

Thu, 30 Mar 2023 18:09:00 GMT

When you hire a new employee, you will have them sign a variety of forms and documents before they start their position, including an employee contract .

This contract can protect your business by outlining exactly what is expected of the employee and can serve as documentation in case you need to later terminate their employment.

Because of this, it’s essential to consult a business attorney to determine what needs to be included in a contract.

Items to Include in Employee Contracts

All employee contracts should include the following information:

Creating employee contracts can require a lot of detail and legalese to ensure they are accurate and contain the right information. Hiring a business attorney to help create these documents can benefit your company.

Why Hire Us for Help with Employee Contracts

If you have questions about creating employee contracts, let our experts help .

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Why You Need to Update Your Privacy Policy in the New Year

Wed, 29 Mar 2023 18:08:00 GMT

Have you started to receive emails from various companies you work with notifying you that they’ve updated their privacy policy ? This can get you thinking, “Do we need to update our company’s privacy policy?”

The answer is it depends. We’ve outlined reasons below why you might need to update your privacy policy. And, if you’re in doubt, it’s always a good idea to consult a business attorney!

What Is a Privacy Policy?

First of all, let’s look at what exactly a privacy policy is. It is a legal statement that explains how your company collects, processes, and handles its customers’ data. This can be through a website or an app.

These are typically very direct, so customers know exactly what information is being used, and how. A privacy policy is needed for any website, blog, app, or desktop app that collects a person’s data.

Some companies might also refer to these as privacy statements or privacy notices.

Why You Should Update Your Privacy Policy

After you create a privacy policy, it is not a one-and-done document. This policy needs to be fluid as circumstances change.

Some situations that could cause you to update your privacy policy are:

To ensure your company’s privacy policy is updated, it’s a good idea to review it at the start of each new year. This helps keep it top of mind and ensures you are current.

You should also consult a business attorney to help create and update your privacy policy to ensure you are not overlooking any laws you need to adhere to, and are including the correct information.

Why You Should Hire Us

When you need a business attorney to assist with your company’s privacy policy, let our experts help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Hiring an Immigrant? What Employers Need to Know

Tue, 28 Mar 2023 18:07:00 GMT

When filling an open role on your staff, you might find a perfect candidate who is fully qualified, fits your company culture and would make a great addition to your team.

But, there’s one potential complication – they are an immigrant.

How To Legally Verify Immigrants Are Authorized To Work in the U.S.

You will need to ensure each of your employees falls into one of these categories to be legally hired :

The documents your employees provide while completing Form I-9 will reveal which category they fall into. Specific documentation and identifications need to be provided when completing the form.

Employees can show one unexpired List A document. Included on List A are:

If an employee doesn’t have an item from List A, they can then provide one unexpired item from List B to establish identity and one unexpired item from List C to establish work authorization.

Items included on List B include:

Items included on List C include:

What You Can’t Do When Hiring an Immigrant

When interviewing and considering prospective employees, there are certain actions you need to legally avoid.

For one, you cannot show a preference for one of the above listed four classes of legal workers. If they fall into one of those four categories, they are eligible for employment. Excluding a candidate due to which category they fall under can be considered discrimination. On Form I-9 there is a warning against not accepting a certain type of identification or discriminating against a candidate based on the form of ID they provide.

You also cannot ask a job candidate their nationality or about their background. While you can establish they can legally work at your company, you can’t ask where they were born, where their family lives, or questioning of that nature.

What If They Can’t Legally Work In the U.S.?

If a job candidate does not have the authorization to work in the United States, you have a couple of options to pursue if you want this person on your staff.

Some options include:

Why You Need an Immigration Attorney

When hiring an immigrant, there are certain documents you need to submit, and procedures you need to follow. Failure to do so can result in penalties for your company. To avoid any issues, hire an immigration attorney to walk you through the process and ensure you are not discriminating against any prospective employees.

Why Hire Us

When considering hiring an immigrant at your company, get help from the experts at Johnstone Adams LLC.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Benefits of Hiring an Estate Planning Attorney

Mon, 27 Mar 2023 18:07:00 GMT

Do you think you can easily create your own will or trust without the need for an estate planning attorney ? Or do you think you’re too young to start making an estate plan? While putting off the inevitable can be more comforting now – it will be better for your family if you make arrangements now.

There are many benefits to hiring an estate planning attorney.

1. Avoid Long Probate Process

Working with an estate planning attorney t o assign a beneficiary to your assets can help you avoid the probate process. This will save your friends and family time and money, and will also prevent your will from becoming public.

2. Sign Documents To Protect You And Your Family

An estate planning attorney will have you complete documents now that will save your family time after your passing. This will also help make your end-of-life care easier, and will ensure your assets go to those who you want them to – you don’t have to worry about the court deciding who gets your property, or even your children. By completing a guardianship nomination, you are telling the judge who you selected to care for your minor children.

Some of these can include:

3. Organize Documents, Records

Even if you think you have your financial and medical records in order, it can still take your family and friends time and effort to find and gather these – especially if you misplace a document.

An estate planning attorney can help you make a list of forms you need and help you organize these. Some forms you will need are:

4. Reduce Tax Liabilities

Your estate may owe federal taxes. If you are handling your estate planning on your own, it can be difficult to determine what tax liabilities you (or your family) could face. An experienced estate planning attorney will help you determine what you owe. Some factors they will take into account are:

5. Update Your Information

After filing your documentation and filling out the required forms, you might need to update your information. You might have a new family member you need to account for in your guardianship nominee, or a new grandchild you want to add as a beneficiary. You might also have a change of heart in your medical directives and want to alter your end-of-life care plan.

Your financial situation could also change, and you can lose or add assets, or pay off or incur debt.

If you are handling your estate planning on your own, you might forget to update these forms. Or you might make an unofficial change that won’t stand up in court.

Hiring an estate planning attorney can help ensure you take the proper steps to update information as needed.

Why Hire Our Estate Planning Attorneys

Are you not sure if you need an estate planning attorney? Contact our experts at Johnstone Adams LLC and find out the benefits a lawyer can provide. In addition to helping your family avoid probate and unneeded expenses, you can also help your loved ones avoid unnecessary stress.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

When to Hire a Corporate Lawyer

Sun, 26 Mar 2023 18:06:00 GMT

Did your business start small with just a few employees, and a handful of problems, but now you’re facing growing pains and need a corporate lawyer?

You might have a bigger staff. You might have contractors working for you. You could have more vendors you’re working with – with additional contracts to negotiate. And you could be facing other risks – like product liabilities, a pending merger, and other issues.

At some point, you must decide if you need to hire a corporate lawyer to help mitigate your problems.

What Does a Corporate Lawyer Do?

A corporate lawyer is essentially a business lawyer. This is an attorney who helps companies with business transactions, including creating contracts, forming companies, merging companies, negotiating contractors, and other items.

This is an essential role to have at your company to ensure your interests are protected in all contracts and mergers, and that you are following the necessary laws when forming a company.

Tasks Corporate Lawyers Perform

Corporate lawyers can perform numerous tasks for your company. In a nutshell, they can help with whatever you need.

Some common tasks can include:

While you might not need a corporate lawyer regularly, there are certain situations where you need to hire an attorney. When forming a business, you need the guidance of a corporate attorney to ensure you are taking the right steps, reviewing all agreements before you sign, filing the right documents – and filling them out correctly. You should also hire an attorney if you are merging with a company, acquiring a new business, or forming a partnership. You need to ensure your interests are protected and that the right paperwork is filed to make the agreements legal. You also need an attorney to determine if you have any fiduciary responsibilities with your company.

Another reason to hire a corporate attorney is to protect any intellectual property you might have. Whether it is a product, a product name, designs, written work, or other items you want to be protected.

If you need to hire new employees or independent contractors, you can also consult with an attorney to ensure your employee contracts or up to date, and that you are collecting the right documentation and handling freelancers per all employee laws.

Why Hire Us

Do you need a corporate attorney to help with your company’s contracts, negotiations, or mergers? Let the experts at Johnstone Adams LLC represent you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Employees Falling Ill? When To Call a Workers’ Compensation Attorney

Sat, 25 Mar 2023 18:06:00 GMT

When one employee falls ill, you might wonder what caused their illness but not be too alarmed. But, what happens if numerous employees start to get sick?

And, what happens if your workplace, or the job, is causing their illness?

It’s time to call a workers’ compensation attorney to learn about your options and what you can do to protect your company and your employees.

What Illnesses Are Covered By Workers’ Compensation?

Workers’ compensation covers illnesses or diseases that are caused by on-the-job exposure. Some common ones can include lung disease from exposure to coal, asbestosis, or mold.

Other common illnesses can include:

What Employees Need to Prove

To file a workers’ compensation claim, your employees will need to prove that the illness they suffered is caused by their work conditions.

They will first need to prove that they are sick. Then they will need to prove there is a link between their illness and their work environment or job requirements. To do this, they will need to show that they had little chance of getting the illness from anywhere outside of work.

They can do this if the condition is rare and it’s easy to prove a connection. For example, if they can prove there is asbestos at their workplace and they now have an illness caused by asbestos, that claim might be approved.

However, what if they have cardiovascular disease? This can be caused by a variety of issues – including their lifestyle, heredity, or numerous other factors. It can be more difficult for them to succeed with a workers’ compensation claim.

The insurance company might then consider the type of work the employees perform. If the work is dangerous or stressful, then developing cardiovascular disease could be directly tied to their job.

The claim might also be affected by how many employees are suffering from the same illness. If there are multiple cases, then it could warrant an investigation into the workplace or work conditions.

When To Hire a Workers’ Compensation Attorney

If an employee files a workers’ compensation claim for their illness, and you question its validity, you should contact an attorney. A lawyer can help you determine if the claim is true, and review the employee’s medical records, prognosis, and other documents associated with the claim. While you might want to trust that your employees would only file legit workers’ compensation claims, some could be looking for payouts by filing false claims.

Another reason to hire a workers’ compensation attorney is if multiple employees have filed a claim for similar illnesses. In this case, you need to protect yourself against possible legal issues. You can face litigation if your employees are claiming your workplace is unsafe, or if there are chemicals or other substances present that are making them ill. You could have larger problems than workers’ compensation claims if that is the case, and you need to protect yourself and your company.

Why Hire Us

Are you wondering if you need a workers’ compensation attorney to protect your company or fight an employee claim? Let the experts at Johnstone Adams LLC represent you.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com . We are ready to help you!

Why You Need to Update Your Privacy Policy

Thu, 23 Mar 2023 18:05:00 GMT

Have you started to receive emails from various companies you work with notifying you that they’ve updated their privacy policy? This can get you thinking, “Do we need to update our company’s privacy policy?”

The answer is it depends. We’ve outlined reasons below why you might need to update your privacy policy. And, if you’re in doubt, it’s always a good idea to consult a business attorney !

What Is a Privacy Policy?

Some companies might also refer to these as privacy statements or privacy notices.

Why You Should Update Your Privacy Policy

After you create a privacy policy, it is not a one-and-done document. This policy needs to be fluid as circumstances change.

Some situations that could cause you to update your privacy policy are:

To ensure your company’s privacy policy is updated, it’s a good idea to review it at the start of each new year. This helps keep it top of mind and ensures you are current.

You should also consult a business attorney to help create and update your privacy policy to ensure you are not overlooking any laws you need to adhere to, and are including the correct information.

Why Hire Us

When you need a business attorney to assist with your company’s privacy policy, let our experts help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

What Should Be Included In an Effective Job Description?

Wed, 22 Mar 2023 18:05:00 GMT

What Should Be Included in an Effective Job Description?

An effective job description is vital to ensure a company hires employees who can perform the position applied for, but it also an invaluable resource once an employee is onboarded.

To create an effective job description, the employer should include the following elements:

The job summary should include the logistical expectations for the position. This includes whether the position is part, full time or temporary, whether over-time is expected and whether it is mandatory, whether the employee is exempt on non-exempt, the general hours and days of the week the employee is expected to work (the days an employee may be required to work is very important if the employee may be required to work on weekends), and whether travel is required. If travel is required, the job description should include an estimated percentage of the employee’s time that will be spent travelling. Given the current climate, the job description should state whether it is remote, in-office, or hybrid. The company should also include the reporting structure for the position.

Once the company gathers this information, the company must ensure all of the essential functions of the position are included by determining which functions are crucial to the position. This is particularly important under the Americans with Disabilities Act and in the event of a worker’s compensation claim. If there are physical demands of the position, this also should be included in the job description, including whether the employee must be able to lift a certain amount of weight, if the employee will be required to stoop, bend, etc.

Additionally, a job description should include a statement that the employee may be asked to perform other duties required by management, that the job description is not an all-inclusive list of the duties and may be changed with or without notice.

Other Tips:

How a Labor and Employment Attorney Can Help

When drafting a job description, it is beneficial to consult a labor and employment law attorney to review the job description to insure it contains all the essential elements of a job description to help the company attract candidates and to clearly state what is expected of employees performing the position. Our labor and employment lawyers are recognized as Super Lawyers in the area of Employment and Labor law, a distinction received by the top 5% of lawyers in a given field, and also in Best Lawyers in America.

Why Hire Us

If you have questions about creating a job posting, let our experts help.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

I-9 Forms: How an Immigration Attorney Can Help

Tue, 21 Mar 2023 18:05:00 GMT

When hiring new employees, there are key steps you must take to ensure they are eligible to work in the United States. One of the major ones is completing Form I-9 . This must be completed by both your company and your new hires, and specific forms of identification must be collected from the employees. You can find the acceptable forms of identification in the instructions to the Form I-9.

Failing to complete the Form I-9 or collect the correct information can lead to trouble for your company. An immigration or business attorney can help you understand all the nuances of how to complete, update, and retain of the Form I-9 that get so many employers in hot water with Immigration and Customs Enforcement.

What Is a Form I-9?

The Form I-9 became an employment eligibility verification requirement through the Immigration Reform and Control Act of 1986 (IRCA). All employers must complete and retain Form I-9, Employment Eligibility Verification , for every person they hire for employment after Nov. 6, 1986, in the U.S. as long as the person works for pay or another type of payment

To complete Form I-9, employers must review the employees’ identification and other employment authorization documents. They must determine if the documents appear genuine and belong to the employee.

Employers who fail to adhere to the IRCA requirements can face civil and criminal sanctions.

How To Complete The Form I-9

The Form I-9 is made up of three sections. Only the first section is completed by the employee, and you, as the employer, must complete the other two.

Completing Section 1, Employee Information and Attestation

When completing Form I-9, Employment Eligibility Verification, you, as the employer, must make the complete instructions to the form and the Lists of Acceptable Documents available to newly hired employees. Your employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.

Completing Section 2, Employer Review and Attestation

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week. If the job lasts less than 3 days, you must complete Section 2 no later than the first day of work for pay.

Completing Section 3, Reverification and Rehires

Employers must complete Section 3 when:

Employers may complete Section 3 when:

When completing Section 3, you must also complete the last name, first name, and middle initial fields in the Employee Info from Section 1 area at the top of Section 2.

When You Might Need an Immigration Attorney To Help

It is always a good idea to consult with an attorney experienced with the Form I-9 to make sure you understand all of the employer and employee requirements. This attorney can help you understand various forms of ID that might be presented by employees for the Form I-9, and be able to verify what is an appropriate document the employer may accept.

If you fail to obtain the required information from the employee and input that information in the right place on the Form I-9, your company can get into trouble in the event of an audit from Immigration and Custom Enforcement. It’s always a good idea to get help from an immigration attorney.

Why Hire Our Immigration Attorneys

When you need an immigration attorney to help you understand and complete the Form I-9, and get questions answered about it, let the experts at Johnstone Adams LLC represent you. Ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 251-319-4659 or info@johnstoneadams.com .

Financial Issues a Probate Lawyer Can Help With

Mon, 20 Mar 2023 18:04:00 GMT

When a loved one dies, there are a lot of undesirable tasks you will need to complete while saying your goodbyes and settling their estate.

Part of this process is taking care of the deceased’s outstanding bills, and dividing their other financial accounts. This can be messy, and it’s essential to follow the laws around handling these accounts. Because of this, it’s recommended that you hire a probate lawyer to help settle financial issues.

What is Probate?

First of all, it’s crucial to level set on what exactly probate is. This can be a term you’ve heard a lot but aren’t sure what it means.

Probate Lawyer Vs. Estate Planning Attorney

When organizing your assets, or those belonging to a loved one, you might wonder when you need to hire an estate planning lawyer and when you need a probate lawyer.

There are key differences between the two.

In contrast, you would hire a probate lawyer after a loved one has passed. You need their help in administering the estate and guiding you through the probate process.

How Probate Lawyers Help With Financial Issues

One of the items a probate lawyer can help you and your family with is handling pending financial matters that your deceased loved one left behind.

While they can handle a variety of financial matters, some common issues they help with are:

Why Hire Us

Are you curious if you need a probate lawyer to help with your loved one’s finances? Let the experts at Johnstone Adams LLC represent you.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Business Transactions an Attorney Can Help With

Fri, 10 Feb 2023 12:12:00 GMT

Do you conclude business transactions without having a business attorney review them first, or try to negotiate terms on your own?

While you might think this is saving you money, it can be costing you by not getting you the best deal or terms for you and your business. In addition, it puts you at risk and opens you up to the possibility of facing a lawsuit or litigation.

Instead, you should hire a business attorney to help with the following types of business transactions :

In addition to helping you through these transactions, a business attorney can provide guidance and answer any questions you might have about the pending transaction. Plus, your lawyer will perform diligent research on your pending contracts and negotiations to ensure your interests are protected. And, if you face litigation over a transaction or broken contract, you will have a lawyer on your side who is familiar with your business and your interests.

Why Hire Us For Business Transactions

When you need a business attorney to assist with your company’s business transactions and other legal needs, let our experts help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

H-1B Visa: Does My Job Qualify for a Work Visa?

Fri, 03 Feb 2023 12:11:00 GMT

When certain jobs are in demand, or the perfect position becomes available, some non-Americans can legally apply for the job. And live in the U.S. without a green card.

This can happen if they can obtain a work visa. One type of work visa is the H-1B visa. To get an H-1B visa, you and your prospective employer must meet strict criteria, and not all jobs are eligible.

What Is an H-1B Visa?

An H-1B visa lets U.S. employers hire foreign workers for specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States. This allows nonimmigrants to enter and work in the United States usually for up to six years – letting employers add the world’s top talent to their teams. Typically, positions eligible for an H-1B visa are in technology, engineering, medicine, finance, and others.

General Requirements for an H-1B Visa

The H-1B visa is reserved for specialty occupations. General requirements (among others)::

The occupation requires:

The position must also meet one of the following criteria to qualify as a specialty occupation:

Jobs That Have Been Approved for H-1B Visas

It can be extremely difficult to get approved for an H-1B visa. It requires a lot of work on the employee’s side – as well as by the employer to prove the position requires hiring a non-U.S. citizen.

Even with these tight requirements, many workers are granted H-1B visas each year..

U.S. Citizenship and Immigration Services (USCIS) publishes statistics on what companies have applied for H-1B visa petitions and what jobs have been approved for visas. According to their Fiscal Year 2021 report, these are some of the categories that have had positions approved for visas:

This list will change as different roles become more in demand, and different jobs gain popularity.

How to Apply

If you find a position that meets the requirements for an H-1B visa, and you are eligible to apply, then you can start the application process.

As you can see, the process of obtaining an H-1B visa can be very difficult. If you are pursuing a visa, it’s essential to hire an immigration attorney to help you through the process.

Why Hire Us

When you need an immigration attorney to help you obtain an H-1B visa, let the experts at Johnstone Adams LLC represent you. Ranked in the 2023 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Want To Avoid Probate? How An Estate Planning Attorney Can Help

Sat, 28 Jan 2023 12:11:00 GMT

Probate is not a desirable process. However, it can be necessary for certain circumstances.

Probate – when the court oversees the distribution of a deceased person’s property – is a lengthy process that prevents your loved one from receiving your assets for at least 6 months. Plus, it will cost your family money in filing fees, and attorney fees, and it will make your finances a matter of public record.

Fortunately, there are ways you can avoid probate and ensure your belongings go to your loved ones quickly and without a long, public process.

Transfer Property Before You Die

Before you die – especially if you are ill and know you don’t have much time left – you can start to gift your property to your loved ones. However, the biggest negative to doing this is once you gift it, it is no longer yours. So, if you need access to the property while you’re alive, you will not be able to give it away prematurely. If you are considering this option, you should work with your probate lawyer or estate planning attorney to determine if this is the best option for you and if there are any implications for your loved ones (like taxes).

Establish Joint Ownership

You can avoid probate on property that you own with another party. In these cases, ownership will pass to the surviving partner. To do this, you must make sure the title and deed of the property clearly show both owners. You should consult your estate planning attorney to ensure the paperwork is clean and see if there are any other forms or steps you need to take to ensure the property goes to your partner.

You can establish joint ownership of real estate property, as well as vehicles, financial accounts, and others. If you’re curious if you can establish co-ownership of an asset, consult your estate planning attorney.

Designate Beneficiaries

Accounts where you have declared beneficiaries usually do not have to go through probate. Certain accounts – like your retirement account – are pay-on-death accounts where the funds are automatically distributed to listed beneficiaries on the account, and the account is then closed.

Set Up a Living Trust

If you have a large estate, the best option to avoid probate can be by establishing a living trust. You can create a trust by working with your estate planning attorney to complete the necessary paperwork to make the living trust a separate entity. Your attorney will help you transfer property to the trust, of which you will become the trustee. You retain control of the trust while you’re alive, and then after you die the property will be transferred to your beneficiaries.

Create a Will

Instead of a trust, you can also create a will. A will is easier to establish, however, it doesn’t avoid probate. Instead, it can help speed up the probate process and reduce some of the costs. When deciding between a trust and a will, you should work with your estate planning attorney to determine what option is best for you and your family.

Why Hire a Probate Lawyer Us

When you need an estate planning attorney to help you avoid probate, let the experts at Johnstone Adams LLC represent you. Our probate lawyers will assist you through the process.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

HIRING? Questions to Avoid on Applications and During Interviews.

Wed, 25 Jan 2023 12:10:00 GMT

To ensure you have the right people at your company, you want to make sure you are making the right hires – both based on ability and if they will fit your company culture. Certain questions, however, are illegal to ask about on an application or during a job interview.

Questions Prohibited by Federal and State Law.

Numerous federal and state laws prohibit employers from asking questions either on an application or during an interview that request information that could be considered discriminatory or provide information that could lead to discrimination against a job candidate. Check your applications to ensure you do not ask questions related to:

Not only must you not ask these questions on an application, but an employer should also train every employee who participates in interviewing applicants about what questions must be avoided.

Common Illegal Questions

When you are interviewing a job candidate, you might be trying to make small talk and get to know the person – or put them at ease – by asking some personal questions. While this might help you get to know the person, you cannot ask certain questions, as their answers might be used against the applicant.

This can be difficult to avoid. Some of the most commonly asked illegal questions are:

Get Legal Help

As you can see, it can be very easy to violate the laws when it comes to application questions and interviewing job candidates. To ensure your company is conducting fair interviews and is complying with the laws, you need to consult a business attorney. An attorney can review your list of interview questions and hiring practices and let you know if they see any red flags.

Why Hire Us

If you have questions about what questions you can legally ask during a job interview, let our business attorneys help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Workers’ Compensation: What You Need To Know

Tue, 24 Jan 2023 17:58:00 GMT

The End of Noncompetition Agreements?

Wed, 11 Jan 2023 15:29:00 GMT

The End of Noncompetition Agreements?

The Federal Trade Commission Issues Proposed Rule Banning Such Agreements

Ah – the noncompetition agreement. Something employers want for their investment in certain employees and something that is not as easy to write as it sounds. Lawyers often worry whether such agreements will pass muster in court, reviewing statutes and recent case law to determine whether the length and geographic scope of an agreement are reasonable and thus, enforceable. That era of wondering may be coming to an end.

The Federal Trade Commission (FTC) issued a new proposed rule banning the use of noncompetition agreements by employers and that rescinds all current non-compete agreements. According to the FTC, one in five workers, or 30 million people, have entered into noncompete agreements, which the FTC categorizes as an “exploitive practice that suppresses wages, hampers innovation, and blocks entrepreneurs from the starting new businesses.”

FTC Chair Lina M. Kahn stated in proposing the new rule that noncompetition agreements “depriv[e] businesses of a talent pool that they need to expand.” Businesses likely disagree as they are having a hard time keeping or hiring employees in this current economic climate. Forget about expanding, what about just staying afloat. And despite the FTC’s guess that 30 million people are stuck in a job due to a noncompete agreement, it is safe to say that some of the most affected businesses in this economy, i.e., service industries, are not the businesses that would be hiring an individual subject to a noncompetition agreement.

So what does the proposed rule specifically ban? After a 210-page explanation of the proposed rule, the FTC defines “non-compete clause” and what will be banned:

(1) Non-compete clause means a contractual term between an employer and a worker that prevents the worker from seeking or accepting employment with a person, or operating a business, after the conclusion of the worker’s employment with the employer.

(2) Functional test for whether a contractual term is a non-compete clause. The term non-compete clause includes a contractual term that is a de facto non-compete clause because it has the effect of prohibiting the worker from seeking or accepting employment with a person or operating a business after the conclusion of the worker’s employment with the employer. For example, the following types of contractual terms, among others, may be de facto non-compete clauses:

i. A non-disclosure agreement between an employer and a worker that is written so broadly that it effectively precludes the worker from working in the same field after the conclusion of the worker’s employment with the employer.

ii. A contractual term between an employer and a worker that requires the worker to pay the employer or a third-party entity for training costs if the worker’s employment terminates within a specified time period, where the required payment is not reasonably related to the costs the employer incurred for training the worker.

Of course, this is just proposed, and if adopted, will likely lead to multiple lawsuits contesting the validity of this rule and whether it runs afoul of the FTC’s jurisdiction.

In the meantime, we can be sure Chambers of Commerce throughout the United States will be commenting on the proposed rule. If you wish to comment, visit https://www.regulations.gov and include “Non-Compete Clause Rulemaking, Matter No. P201200.”

Expanded Rights of Pregnant Workers

Mon, 09 Jan 2023 16:48:00 GMT

Included in amendments to the Consolidated Appropriations Act of 2023 spending bill approved by Congress the week before Christmas and signed into law by the President on December 23, 2023, were two laws expanding job protections to pregnant workers.

The Pregnant Workers Fairness Act (PWFA) effective June 23, 2023.

The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for an employee’s known physical and mental limitations related to pregnancy, childbirth or related medical conditions, whether or not the condition meets the definition of a disability under the ADA.

The employee must communicate the condition to the employer. A pregnant employee qualifies for a reasonable accommodation if the employee’s inability to perform an essential job function is temporary, and the essential job function can be performed in the near future and the inability to perform an essential job function can be reasonably accommodated. Accommodation is not required if it imposes a reasonable hardship on the operations of the employer’s business.

Employers are required to engage in an interactive process with the employee in analyzing possible reasonable accommodations for her limitations.

The Act specifically makes it unlawful:

· To fail to make a reasonable accommodation that is not an undue hardship

· To require the employee to accept an accommodation other than one arrived at through an interactive process

· To deny the employee job opportunities because of her need for an accommodation

· To require the employee to take leave, paid or unpaid, if another reasonable accommodation is available

· To retaliate against the employee because of her request for accommodation.

Rights under the Act are subject to the EEOC process including filing a charge for discrimination and the eventual right to file a lawsuit in Federal Court. Violations of this Act can carry the same damages as violations under Title VII of the Civil Rights Act, including backpay, front pay, compensatory damages, punitive damages and recovery of attorney’s fees and costs.

The law provides significant new protection for pregnant employees. While Title VII and the Pregnancy Discrimination Act prohibit pregnancy discrimination, they do not require accommodations for pregnancy related medical conditions. (Under case law, however, there may be a violation if accommodations are provided for similar conditions in non-pregnant employees but not for pregnant employees. See Young v. UPS, 575 U.S. 206 (2015)). The ADA does not require accommodations based upon pregnancy alone unless there are certain complications of pregnancy.

The Act requires the EEOC to issue regulations within one year which include examples of reasonable accommodations for limitations relating to pregnancy. Possible needed accommodations for normal pregnancy limitations may include scheduling changes to accommodate morning sickness, light duty to accommodate lifting restrictions and more frequent bathroom breaks.

Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP ).

This Act expands the coverage provisions of the lactation break requirements of the 2010 Patient Protection Affordable Care Act (PPACA), amending the Fair Labor Standard Act. The law expands lactation rights to exempt employees who were not covered by the prior law. Most requirements of the Act were effective immediately upon its passage.

As under the prior law, employers must provide all nursing employees with reasonable time to express milk for up to one year after childbirth each time the employee has the need to express milk. The employer must also provide a location other than a bathroom that is shield from view and free from intrusions from co-workers and others in which the employee may express milk. The employer is only required to pay for such breaks to the extent it provides paid break time to all employees. If an employee is not completely relieved from duty during the entirety of the lactation break, however, it is considered time worked and should be paid.

There is an exception for employers of less than 50 employees if the requirements for compliance with the Act impose an undue hardship and cause difficulties or expense in relation to the size, financial resources, nature or structure of the business.

Prior to initiating any action, an employee must notify her employer of the failure to comply and provide the employer 10 days within which to come into compliance. The remedies for violation of this Act are the same as under the Fair Labor Standards Act including back pay, liquidated damages and recovery of attorney’s fees and costs. Employees may file claims under the Act by initiating a complaint with the Department of Labor Wage and Hour Division or filing a Federal lawsuit.

Next Steps

Employers should review existing policies and handbooks for necessary revisions to comply with the new laws. Most importantly, supervisors must be educated regarding these new employee rights and trained to appropriately respond to employee requests for pregnancy related job accommodation or lactation breaks.

Celia J. Collins, Esq.

Johnstone Adams LLC

Employee Workers’ Compensation Claims: Red Flags to Watch For

Mon, 05 Dec 2022 18:06:00 GMT

When you work closely with your employees every day, you start to develop a relationship with them and might even consider them to be friends. This can make it difficult to see the red flags when the person files a fraudulent workers’ compensation claim.

Unfortunately, workers’ compensation fraud happens, and it can leave you and your business at risk. There are signs you should watch for that may indicate the claim is not legitimate. These can include:

1. No One Witnessed the Injury.

When an injury takes place, it’s essential to have an employee fill out paperwork immediately and name any witnesses to the incident. If there were no witnesses – or if the only bystanders were the employee’s close friends, this can raise flags. It can be especially suspect if the employee typically works around others and no one happened to be near when an injury occurred.

2. They Didn’t Immediately Report the Injury.

All injuries should be reported to management as soon as they occur. If the injured employee didn’t report the incident immediately – especially if they went home before making the company aware – it can indicate the claim might not be legit, or that the injury occurred elsewhere. Your company policy should include strict instructions on when to report injuries, who needs to be informed, and what to do when medical attention is needed.

3. They Are Disgruntled.

Is the employee upset about a recent disciplinary action, or being passed up for a raise or promotion? This can motivate them to want to “get even” with the company and try to file a fake worker’s compensation claim in retaliation.

4. They Can’t Keep Their Facts Straight.

After an injury, the injured employee should immediately state the details of the incident and the injury in a report. You should then also question the employee later to get a verbal retelling of the accident. If the employee’s account differs from what was initially provided, this can be a flag that it’s a fake claim.

5. They Are in Financial Trouble.

Is the employee struggling to make ends meet and needs a financial boost? This can be a motivator to commit worker’s compensation fraud.

6. They Have Risky Hobbies.

Note what hobbies the employee participates in outside of work – especially if the injury was reported on a Monday. Someone could be injured outside of work and then tried to pass it off as a work injury on their next shift. If they work a second job, you should also be aware that they could have gotten injured at that workplace as well.

7. They Are Aggressively Pursuing the Worker’s Compensation Case.

If they are very eager to settle their claim and get compensation, it should start to raise flags.

8. Their Medical Records Are Questionable.

If they provide you with medical documentation that seems sketchy, you should look into it further. Some companies might want to consider having all cases seen by a specific hospital or clinic to ensure the evaluation is legit. Some doctors might also help fudge worker’s compensation documentation, so it’s important to involve your lawyer to ensure that the diagnosis and prognosis are accurate.

9. They’re Not at Home.

If the employee was granted time off to recover from the injury but you are unable to reach them, it should raise flags and can require further investigation as to whether they are hurt.

To protect yourself and your company from fraudulent workers’ compensation claims, it’s essential to hire a workers’ compensation attorney. A lawyer can help you spot red flags and can work with you to ensure claims are legit before you pay any benefits.

Why Hire Our Workers’ Compensation Attorneys

When you need a workers’ compensation attorney to assist with your employees’ workers’ compensation claims, let our experts help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Estate Planning: How To Protect Your Children

Thu, 01 Dec 2022 18:06:00 GMT

As a parent, your main priority is to always take care of your children, no matter how old they are. This is important while you’re alive, as well as when you pass. The best way to ensure your children are provided for after your passing is to create an estate plan.

Working with an estate planning attorney, you can make sure your children – both minors and adults – are taken care of.

Estate Plan for Young Children

When you have children under the age of 19, it’s essential to create an estate plan to ensure you appoint guardianship. This is your opportunity to name whom you want to take care of your children if something happens to you and your spouse. The person named in your plan will have legal backing to take over as guardian of your kids.

A lot can go into choosing the right guardian for your offspring. Typically, the person named as a guardian has similar values as you and your spouse and has a close relationship with the children. You should also select someone who can provide a stable and loving home for your children, and who is physically able to take over parenting duties. It’s also essential to choose someone who wants to take on the guardianship role.

In addition to establishing guardianship, you should also name a conservator for your children in your estate plan. This may or may not be the same person you named as physical guardian. This person will be responsible for handling the children’s inheritance until they are adults and can handle the assets on their own.

Other items you will want to name in your estate plan are power of attorney. Since your children are minors and unable to make decisions on your behalf, you will need to appoint someone to make decisions on your health and ensure bills and other expenses are paid.

Estate Plan for Adult Children

Just because your children are over 19 years old doesn’t mean they don’t need to be included in your estate plan. It’s essential to put them in your legal plan. While you will not need to include guardianship information in your estate plan, you will still need to account for your children’s inheritance in your documents.

Your estate plan allows you to determine what each child will inherit, and how. This is your opportunity to determine if you want assets left in a trust, or if they should inherit money and property directly.

An estate plan allows you to make your wishes legally binding – especially if you choose to give different monetary amounts or property to each child. These decisions can be hard, so it’s important to work with your estate planning attorney to determine how to declare your wishes, and when it makes sense to establish a trust.

You should also establish your power of attorney information in your estate plan to help your children when making medical and financial decisions on your behalf.

Your children will appreciate your estate planning because it not only makes it clear what each child is to inherit but also typically lets them avoid probate.

Why Hire Us

When you need an estate planning attorney to help create your estate plan, let the experts at Johnstone Adams LLC represent you. We can ensure your trust is created the way you want, and your trustees are properly taken care of.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

10 Reasons Why You Need To Hire a Business Attorney

Mon, 28 Nov 2022 14:41:00 GMT

When you start a business, you might have a checklist that includes finding a space, hiring a staff, advertising your company, getting payroll and accounting figured out, and an endless list of items. One thing you might overlook is hiring a business attorney. While this might not seem like an immediate urgent need, it’s an essential step to running a successful business.

Some reasons you need a business attorney include:

1. Make Informed Decisions: You will encounter countless issues daily that may have legal implications for your business. You need a business attorney you can rely on to provide you with the information you need to make a decision that’s best for you and your business.

2. Help with Partnerships: If you have partners at your company, it’s essential to have legal documents, agreements, and procedures in place to protect your business and your interests. If this partnership ever ends, you need to know you have an attorney available who can help review your options.

3. Protect Your Assets: It’s crucial to keep your business interests separate from your interests. You need an experienced business attorney who can help you determine the liability you face and file the right paperwork to protect your interests.

4. Create Contracts: When running a business – especially if you’re just starting – you will likely form numerous contracts with different companies to get work done, and get needed services and even products. You will also have employment contracts with your staff and potentially a lease agreement for your workspace. It’s essential to ensure you understand the contract you are signing and make sure your interests are properly represented in the agreement. If you need to negotiate the terms, a business attorney can help work with all parties to get the terms of the contract correct.

5. Acquire or Sell a Business: If you are interested in buying a new business – or opt to sell your current company – you need a business attorney to help you with the purchase or sale, draft agreements, transfer licenses, and provide other legal advice to help you throughout the process.

6. Get Necessary Licenses: When operating a business, there may be certain licenses or permits that you need to acquire to keep your company compliant. A business attorney will help you determine what licenses you need.

7. Handle Taxes: Operating a business requires a lot of tax requirements. You do not want to guess and roll the dice that you are compliant with IRS mandates. It’s essential to hire a business attorney who will review your payroll tax setup, answer your questions, and bring in tax experts as needed to ensure you are compliant.

8. Intellectual Property: If your business designs or creates products, it’s crucial to ensure you have a business attorney on your side to help you protect your intellectual property from competitors, former employees, or others who might have access to your designs.

9. Employment Policies: Hiring, firing, and retaining employees requires a lot of paperwork and processes that need to be followed to avoid potential lawsuits and fines. A business attorney can help protect you against potential discrimination claims, misclassifications of contractors and full-time employees, wrongful termination, and other issues.

10. Real Estate Agreements: You also need a business attorney to help you review rental agreements and purchase agreements for the space you are using for your office or workspace.

Why Hire Our Business Attorneys

When you need a business attorney to assist with your company and legal needs, let our experts help.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

5 Questions Your Estate Planning Attorney Will Ask

Mon, 21 Nov 2022 14:41:00 GMT

Meeting with an estate planning attorney can be stressful. We understand. You’re not quite sure what to expect, and you are nervous to discuss the private details of your estate.

You can ease some of your anxiety by being prepared for what your attorney might ask. Some information your estate planning attorney will want to know can includes:

What Is Your Family Situation?

This might seem like a very personal question, but your attorney has a valid reason for needing to know. Laws protect certain family relationships, so it’s essential for your lawyer to know who makes up your family, and what various dynamics are present. This will help your attorney advise you on what guidelines need to be followed, and who needs to be protected.

You will need to inform your lawyer if you are married. You will also need to disclose how many children you have, and your relationship with them. For example, do you have stepchildren, or biological children, and what are their ages? Their ages are important because they will notify your attorney if you need to take steps to assign guardianship if something happens to both you and your spouse.

You will also need to let your attorney know if there is anyone you want to leave out of your will – and if there is a non-relative you want to include.

What Is Your Financial Situation?

This is necessary information to provide to your lawyer so your estate planning attorney can give you the correct guidance in terms of what to list in your estate, what estate and gift taxes will need to be followed, and more legal requirements.

Your attorney will also need to know if you hold joint accounts with your spouse, if you own your home, who the mortgage is through, and if you have credit card debt, medical expenses, back taxes, or any other outstanding debt.

What Kind of an Estate Plan Do You Want?

There are various types of estate plans. It’s essential to tell your estate planning attorney what you would like to include in your plan. This can include a will, a living trust, and other elements. By communicating your wishes to your attorney, he or she can advise you on the best plan for your situation.

When Do You Need Your Estate Plan Completed By?

When meeting with your estate planning attorney, advise him or her if you need your plan completed by a certain date. This is usually only needed on deadline if you need to show your plan to other experts – like a financial advisor, accountant, retirement planner, or someone else. Informing your attorney of this need initially will help set expectations.

What Documents Do You Have?

Your estate planning attorney will need access to certain documents when creating your plan. Your attorney will likely need your banking account statements, tax returns, retirement account information, insurance policy information, mortgage balance sheets, and other important documents. Your lawyer will tell you which documents you will need to provide. Let him or her know which of the requested forms you have access to.

Why Hire Our Estate Planning Attorneys?

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Marriage Green Card: Requirements You Need To Meet

Mon, 14 Nov 2022 14:40:00 GMT

If you are not from the United States but are married to a U.S. citizen, you can be eligible for a Green Card. This can be a complicated process, so it’s essential to make sure you take the correct steps and complete the requirements to become a permanent resident of the U.S.

Marriage Green Card: What Is It?

A Marriage Green Card allows you to live and work in the U.S. as a permanent resident. This means you don’t have to worry about losing your visa and being sent back to your home country – being torn from your spouse and children.

Issued by U.S. Citizenship and Immigration Services (USCIS), a Marriage Green Card can be your first step to becoming a U.S. citizen. For most individuals, when you get your card, it is conditional and expires in two years.

The amount of time you’ve been married can factor into how often your Marriage Green Card needs to be renewed. If you have been married for more than two years before applying for a Green Card, you can receive the IR1 Green Card, which can last for 10 years. If you have been married for less than two years when you apply, then you will receive a CR1 Green Card. This is a Conditional Green Card. After two years, you can renew it and get the 10-year Green Card.

Who Is Eligible for a Marriage Green Card?

When applying for a Marriage Green Card, it’s essential to work with your immigration attorney to make sure you meet the eligibility requirements.

You will need to prove:

Applying for a Marriage Green Card

To apply for a Marriage Green Card, you should first hire an immigration attorney . Your lawyer can then help you navigate the process.

Typically, you will need to do the following:

After completing these steps, you should receive your Green Card.

Why Hire Us

When you need an immigration attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Estate Planning: What Are Beneficiaries?

Mon, 07 Nov 2022 14:40:00 GMT

When you fill out your 401(k) forms, life insurance applications, and other important financial documents, you will be asked to designate your beneficiaries.

Who are these individuals, what role do they play, and why are they so important to note on your financial forms? They are very important, so it’s essential to make sure you name your beneficiaries – and select the right people.

What Is a Beneficiary?

First of all, it’s important to know what a beneficiary is. This is a person – or even an entity – whom you want to receive your benefits or property. This is typically given as part of your inheritance upon your death.

To ensure the right relatives or loved ones receive your assets, you will usually be asked to name a beneficiary on your life insurance policy, bank accounts, retirement accounts, and other financial and legal documents.

Naming a beneficiary assures you that the right people will receive your money and property when you die. This lets you control your inheritance – and will make it easier on your loved ones upon your passing.

An important thing to note about beneficiaries is that those listed as a beneficiary on a specific retirement or financial account are not impacted by changes you make to a will. Your beneficiary on one of these documents takes precedence over what’s listed in your will.

Another important difference is beneficiaries on your specific accounts remain private – unlike wills, which are made public.

Types of Beneficiaries

There are two main types of beneficiaries – primary and contingent.

How To Choose Your Beneficiary

Because your beneficiary will inherit all of your assets, it’s essential to name the right person.

When you select this person, you should keep these tips in mind:

How To Name a Beneficiary

So, how do you name a beneficiary? It’s actually very easy. When you open a new bank account, retirement plan, or insurance policy, you will be asked to designate your beneficiaries. You can take a few days to think about whom you want to list, but it’s essential to ensure you complete the paperwork and provide the person’s name and any other information requested. Make sure you sign the paperwork and return it to the company.

Why Hire Us

When you need an estate planning attorney to help name your beneficiaries, let the experts at Johnstone Adams LLC represent you. We can ensure your trust is created the way you want, and your trustees are properly taken care of. We will also ensure your legal forms have the correct names of those whom you want to leave your financial assets to.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

What Should Be Included In Your Trust?

Tue, 01 Nov 2022 20:12:00 GMT

When you work with an estate planning attorney, one of the recommendations he or she might make is to create a trust.

A revocable living trust can have many benefits, including helping you protect your assets while you’re alive and helping you easily pass assets onto loved ones after your death (including helping your family try to avoid probate).

There are numerous items you may want to include in your trust. Some of the most popular types can include:

1. Bank Accounts

All of your banking accounts – from savings to checking – should be included in your trust. You should check with your bank to get the exact details of what will be needed to pass your accounts onto a beneficiary. For example, some banks might require that your beneficiaries create a new account under their name instead of changing the name on your existing accounts. Your estate planning attorney can help you navigate these processes.

2. Stocks

If you hold corporate stocks or mutual funds, you should include these in your trust. To ensure the transfer goes smoothly to your beneficiaries, work with your estate planning attorney to determine what steps you need to take. You may also need to work with your broker to get the correct forms and certificates.

3. Bonds

You should put any bonds you have in your trust, but like with your stocks and bank accounts, you will need to take steps to ensure they are properly transferred to your beneficiaries. Any bonds you hold must be registered in the name of the trustee. A new bond will then need to be issued. You must work with your attorney to review your specific bonds and what steps need to be taken to ensure they can be properly transferred to your trustees.

4. Partnerships

If you hold any partnerships, these should also be placed in your trust. When doing this, work with your attorney to help register your partnerships in the name of your trustee. Your attorney can also help you determine what steps need to be taken – and if you need to pay any fees. A new partnership certificate may need to be issued – or the original one may need to be amended to reflect the updated ownership.

5. Real Estate Property

Any property you own should be included in your trust. You will need to work with your estate planning attorney to ensure your real estate property is correctly added to your trust, including contacting your mortgage company, as well as your title company.

6. Life Insurance

You might not think to include your life insurance in your trust. However, it can help your beneficiaries. While your life insurance policy itself is not transferred to a trustee, the death benefits can be. To ensure your benefits are paid to your trustee, make sure you complete a beneficiary form with your insurance company. You can have your estate planning attorney ensure you have completed the paperwork properly so the benefits can be easily distributed.

Why Hire Us To Handle Your Trust

When you need an estate planning attorney to help create a trust, let the experts at Johnstone Adams LLC represent you. We can ensure your trust is created the way you want, and your trustees are properly taken care of.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Workers Compensation Attorney: Protect Your Business

Tue, 25 Oct 2022 20:08:00 GMT

Many business owners believe they don’t need a workers’ compensation attorney. Your small business might be flourishing – you’re profitable, and you have a stellar staff. But then one of your employees unexpectedly slips and falls at work, injuring their back.

You take them to the hospital, give them time off work, and even offer to pay their medical bills. But the person is permanently injured and can’t return to work, and you are hit with a lawsuit.

Without a proper workers’ compensation plan in place – or an experienced workers’ compensation attorney on your side — this can put your entire business at risk.

Workers’ Compensation Attorneys Investigate Claims

We all like to think our employees are honest people who only want the best for our companies. But that’s not always the case. Individuals can enhance how injuries occurred, as well as the extent of them.

An experienced workers’ compensation attorney can help you fully investigate the claim. Your lawyer can help you gather evidence as to how the injury occurred, make sure any witnesses are interviewed and take written statements.

Your attorney will also guide you on what medical records you need to collect from employees to prove the extent of the injury and the prognosis. This information can be vital in a lawsuit – especially if it helps demonstrate how the injury occurred.

Train Your Team

A workers’ compensation attorney can also work with you to ensure you have the right procedures in place to properly train your team on what to do if an injury occurs. Included in the process will be what forms need to be filled out by the injured employee, who needs to sign off on them, and how to take a witness statement.

It’s also essential that your team gets the injured worker medical attention as soon as possible. Failure to assist the employee can violate workers’ compensation regulations and can cost you and your business later.

Watch For Signs of Fraud

Unfortunately, workers’ compensation fraud can occur. An attorney can help you look for signs before it costs you your business. Some flags a workers’ compensation attorney might look for can include if there are no witnesses to the employee’s injury. They may also find it suspicious if the only witness was a friend or relative of the injured worker.

A workers’ compensation attorney will also look closely at the employee’s account of the accident and review for inconsistencies. Can they recite the details of the accident accurately? Did anything change when they retold the story?

Also, an attorney will look into why a worker refused medical attention — if this is the case. If they do not want to undergo treatment or testing to prove the extent of the injury, it can raise a flag that they are lying about how the injury occurred. While you might trust your employee and not think anything of it, as you have a personal relationship with him or her, a workers’ compensation attorney is trained to look for these inconsistencies.

Ensure You’re Insured

When an injury occurs at your workplace, you must have a workers’ compensation insurance plan in place. Your workers’ compensation attorney can review your policy to make sure you have adequate coverage. Your attorney can also help you file any claims with your provider if an incident takes place.

Why Hire Us

When you need a workers’ compensation attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

5 Things You Need To Know When Applying for a Work Visa

Tue, 18 Oct 2022 20:09:00 GMT

Are you a foreign worker looking for a job in the United States? The good news is you can do this legally by finding an employer willing to sponsor you for a temporary or permanent work visa . The bad news is it can be a complicated process, and one misstep can result in a denial of your application.

To make the process easier, and to improve your chances of being granted a visa, take a look at five tips from our immigration attorneys .

1. Know If You’re Eligible for a Permanent Work Visa

Certain individuals may be eligible for a permanent work visa. There are many benefits to these types of visas, as they never expire and allow the person to bring their spouse and children to the U.S. as well. However, while there are perks to these types of visas, they are also more difficult to obtain than temporary work visas. These are reserved for individuals who fall under certain employment categories – and for those who demonstrate the requisite skills, talent, and education. This includes people who have demonstrated extraordinary expertise in the sciences, arts, education, business, athletics, and research. There are several categories that people may fall under, so it’s important to work with an immigration attorney to determine what category best fits your situation.

2. Understand the Requirements for a Temporary Work Visa

While the list is selective for who may qualify for a permanent work visa in the U.S., the list is broader for temporary visas. This can apply to investors, agricultural workers, those in cultural exchange programs, and those with special skills in athletics, business, education, art, research, and more. One of the most applied for visas is the H1-B, which is for those who perform services in a specialty occupation. To ensure your application is filed correctly and expedited, you should work with an immigration attorney. An attorney will also help you determine which category applies best to your situation.

3. Be Familiar with the Timeline

There is no hard and fast rule about how long it takes to get a work visa. This will depend on your circumstances and the requirements in your case. Each application is considered on a case-by-case basis. Some may be determined in a couple of weeks, while others can take months or even years.

4. Understand How Difficult It Is to Get a Work Visa in the U.S.

While it’s not an easy task to get a work visa in the U.S., the level of difficulty can depend on your circumstances. For one, you need to have a U.S.-based employer who wants to hire you and is willing to sponsor an H-1B visa for you. This means you must have skills that the employer cannot find amongst U.S. citizens. Your employer will need to prove they cannot find an American who will fit these skills. This can be difficult to prove, so it’s not an easy task for you or your potential employer.

Other types of temporary visas are easier to get. Make sure to work with your immigration attorney to determine if you are eligible for a temporary visa, and which path to pursue.

5. Know How Long the Temporary Visa Is Good For

When you get a temporary work visa, it’s essential to understand that it is temporary. This might sound obvious, but it’s crucial to know what date you must leave the U.S., or when you need to apply for a renewal. The length of the visa will vary from person to person, so it’s important to work closely with your immigration attorney to ensure you understand the parameters placed on your visa.

Why Hire Us

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

How To Legally Get Out Of A Contract

Tue, 11 Oct 2022 20:10:00 GMT

Did you enter into a contract you fully intended to keep – but now you’ve changed your mind? Sometimes, to protect your business, you need to get out of these contracts. But how can you do it legally?

According to our business attorneys , there are several ways to legally absolve a contract, that can allow you to avoid going to court and prevent you from spending too much money. Some of their recommendations are below.

Send a Written Request to Cancel the Contract

If you’ve decided you want to get out of a contract , one of the first things our business attorneys suggest you do is to send a written letter to the other party requesting to cancel the contract. Keeping lawyers out of it and simply making a written request can sometimes resolve the issue. To make it more appealing, your attorney might recommend offering a small sum of money for the inconvenience of canceling the contract.

However, simply letting you out of the contract can be the cheaper option. If the other party tries to sue you for breach of contract, it can result in hefty legal fees for them.

Cancel Within the Cooling Off Period

The Federal Trade Commission allows a “cool off” period of 72 hours for purchases of $25 or more. The Cooling-Off Rule gives you three days to cancel certain sales made at your home, workplace, or dormitory, or at a seller’s temporary location, like a hotel or motel room, convention center, fairground, or restaurant. The Rule also applies when you invite a salesperson to make a presentation in your home. But not all sales are covered. If this applies to your situation, your business attorney will help you use the law to get out of your contract.

Check Local Laws

There are local laws that can be longer – and more relaxed – than the FTC’s 72-hour cooling-off rule. Work with your business attorney to determine what laws you can use to legally get out of your contract.

Breach the Contract

While it might not be ideal, you always have the option to breach the contract. You can do this by not paying your bill, not providing full payment, or not carrying out what you agreed to in the contract. If you do this, you can be sued for breach of contract by the other party. However, it might still be more financially beneficial than paying out the entire contract. In court, you might be asked to provide a settlement to the other party. You will need a business attorney to represent you in court and during the arbitration meetings.

Hire a Business Attorney

If you are trying to get out of a contract, it’s essential to hire a business attorney. An experienced attorney knows what laws you can use to get out of the contract, and what implications you might face for breaking the contract. Hiring an attorney can help you save money, and protect your business from potential legal issues by getting out of the contract legally.

Why Hire Us

When you need a business attorney to absolve a contract, let the experts at Johnstone Adams LLC represent you. You don’t want to try to navigate this on your own – as it can result in a lawsuit, and cost you extra money.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Common Insurance Policies All Businesses Should Have

Tue, 04 Oct 2022 18:20:00 GMT

You work hard to keep your business up and running. Between focusing on keeping your customers happy and dealing with employee issues, you have a lot on your plate. To protect everything that you’ve worked so hard for, you need to ensure you have the right insurance policies in place to protect your business.

Some insurance policies that our business attorneys recommend you have include:

1. Professional Liability Insurance

Also known as Errors and Omissions, Professional Liability Insurance covers your business against negligence claims due to mistakes or failure to perform. This policy will be tailored to your business and your needs to ensure the right elements are covered under your policy. To ensure your policy addresses the specific needs of your company, consult a business attorney.

2. Property Insurance

You must have property insurance in your workplace. Even if you are leasing the space, you must have a policy that will cover your equipment, sales inventory, office furniture, and other key items in case they are damaged in a storm, fire, or even theft. If you live in an area that is prone to flooding, make sure you take out a separate policy to cover flood damage, as that is typically not included in a standard property insurance policy.

3. Workers’ Compensation Insurance

If you have employees working for you, you must have a workers’ compensation insurance policy in place. If anyone is injured on the job, this policy will cover medical expenses, treatment, disability, and even death benefits. If you work at a high-risk job, like a construction site, this is probably something you’re already aware of. However, you should have a policy even if you work in an office. Injuries can occur anywhere, and it’s essential to have the right coverage to protect your business.

4. Product Liability Insurance

If you are creating products at your business, then it’s essential to have product liability insurance. This will protect your company in case you are facing a lawsuit due to damages or harm caused by a product. You can work with a business attorney to ensure your policy adequately covers your company and your products.

5. Vehicle Insurance

Do you have company cars or trucks that your employees drive while on the job? If so, you will need to ensure you have car insurance on each vehicle. This will protect your company in case an employee gets into an accident, or if the vehicles are damaged.

6. Home Business Policies

This one is something you might not have thought of – but it can be necessary. If you are running your business out of your home – which a lot more people are doing post-pandemic – it’s important to have an additional insurance policy outside of your home insurance policy to protect your business equipment and any products you might have at your house. Your home policy may not cover items attached to a commercial business, so it’s essential to have an additional policy in place.

While this is a good place to start when determining what insurance policies you need at your company, it is by no means an exhaustive list. You should work with a business attorney to determine what policies your particular company needs to be protected against potential claims and damages.

Why Hire Us

When you need a business attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Marriage-Based Green Cards and Visas: What You Need to Know

Tue, 27 Sep 2022 18:19:00 GMT

Green card issues are often complicated. You decide to take the adventure of a lifetime and travel abroad to the U.S. for school or a job. Or maybe you came to visit friends or family. Before you know it, you meet the person of your dreams and you fall in love. It seems like it’s straight out of a Hallmark movie until you realize you have to leave the U.S. and go back to your home country.

Just when it seemed hopeless, your partner proposes marriage. This is not only romantic, but it allow you to remain in the United States with your spouse. If you are married to a U.S. citizen or permanent resident, you can apply for a marriage-based immigrant visa or green card. Like all immigrant-related issues, this can be complicated, and certain criteria must be met.

Your Marriage Must Be Legal To Apply For Green Card

You must be legally married – meaning that your marriage is officially recognized by the government where you were married and that records of your marriage can be obtained. You will need to show your marriage license. A certificate given to you by a church is not enough – you need an official government document.

Under these criteria, domestic partnerships do not qualify for marriage-based visas or green cards. One loophole you might be able to pursue is if you have entered into a common law marriage. If this is the case, make sure to work with your immigration attorney to ensure you qualify.

You Must Be Eligible To Marry

If you have not yet gotten married, make sure you are eligible to do so. You will need to work with your immigration attorney to determine if you are eligible to get married or what steps need to be taken for you to get married.

You Must Have a Bona Fide Marriage

To get a marriage-based green card, you must prove to the government that your marriage is bona fide, meaning that at the time of your marriage you and your spouse intend to establish a life together. You cannot get married for the sole purpose of obtaining a green card. This is illegal. You must demonstrate that you are together as married couple. You will need to prove this to qualify for a green card, so be prepared to show requested documentation (including a lease with both names on it, bills, or anything that shows you’re living together and functioning as a married couple).

You Must Marry a U.S. Citizen or Permanent Resident

For you to obtain a marriage-based green card or visa, you must marry a U.S. citizen or U.S. permanent resident. Marrying someone with a work visa who has only been granted temporary residence in the U.S. does not qualify. However, if this is the case, you can work with your immigration attorney to determine if you are allowed to stay here for the duration of your spouse’s temporary stay in the U.S.

Why Hire Us

When you need an immigration lawyer, let the experts at Johnstone Adams, LLC represent you.

Our experienced immigration lawyers assist businesses and individuals with immigration matters such as: non-immigrant and immigrant visas, family-based visas, employment based visas, Form I-9 compliance/audits, and other immigration matters throughout Alabama, Mississippi, and the Florida panhandle. We provide each client with personal access to a team of senior lawyers who thoroughly understand the complex web of immigration laws and the enormous impact these laws can have on a person’s life or a business’s bottom line.

Why You Need a Workers Compensation Lawyer

Tue, 20 Sep 2022 18:19:00 GMT

Workers compensation issues can be complicated. When an employee gets injured at work or at the workplace, you might think you have it covered. You filed a report to document the injury. You drove them to the urgent care. You offered to cover their medical bills. You even gave them paid time off of work.

And then you get notice of a lawsuit from the employee’s lawyer. To avoid complicated issues with your staff that could result in expensive claims, hire a lawyer to handle your workers’ compensation claims.

How Workers Compensation Lawyers Can Help

Workers’ compensation lawyers can help businesses with many different situations in regards to keeping their employees and business safe, including the following:

Help you navigate the pending case: When an employee files a workers compensation case against your company, you need an attorney to help you figure out the ins and outs of the pending legal journey. Between filing paperwork, gathering documents, dealing with insurance companies, preparing for hearings, and more, it’s important to have a legal expert on your side.

Use their legal expertise: You need an attorney to provide you with the legal expertise you need to win your case. A lawyer will know how to file motions, how to file briefs, and other key documents.

Collect documents: Your lawyer can help gather paperwork from employees after any incidents that occur at the workplace. They can also ensure you are following key measures to keep your company compliant and to ensure all paperwork is properly collected and filed. This will be helpful in case a lawsuit is filed.

Gather evidence: Workers compensation cases can come down to if a person was injured at work and the extent of their injuries. You may need a lawyer to help gather the employees’ medical records, talk to their physicians, get medical experts to testify in the case, and more.

Perform research: Your workers compensation lawyer can perform research that is essential to helping you win the case against your employee. This can include using experience from past cases and looking into laws that can help.

Represent your company’s interests: A lawyer can represent your business’s interests at hearings, at trial, at depositions, during oral arguments, mediations, and other meetings related to the case.

Know legal updates: Your attorney will know recent developments in laws that might pertain to the case. You don’t have time to spend researching laws and legal updates. Instead, you need a lawyer who can dedicate the time and use their legal expertise to understand recent developments in the laws and be able to determine how they will relate to your case.

Be the go-between with the insurance company: Workers’ compensation claims typically involve insurance companies. Your lawyer will help you work with the insurance company and conduct negotiations with them.

Put a workers’ compensation plan in place: A lawyer can help create a workers’ compensation plan and procedures at your place of work to ensure you are covered in case there is an incident. This will help create processes you can refer back to when there is an injury and will help ensure you are properly insured and prepared for any problems.

Why Hire Us

When you need a business attorney , let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Your Business Attorney Can Help With Contract Negotiations

Tue, 13 Sep 2022 16:09:00 GMT

Contract negotiations can be complicated. Whether you are working with an amiable partner or a contentious third-party, it’s important to get all of the details of the contract correct and to make sure your interests are covered in the contract.

This can be harder than it seems, and professional help may be needed.

Do you struggle to successfully negotiate contracts ? Do you worry your contracts are not fully representing your best interests? Negotiating contracts on your own can have risks. You can avoid this by hiring a business attorney to help.

Legal Knowledge

A business attorney brings knowledge and experience to your contract negotiations. A lawyer knows what terms to include in the contract, what words or phrases to use, and how to accurately interpret and explain the contract to you. While you are familiar with your individual situation, a business attorney has experience from school and years of working on contracts to ensure the terminology is correct and the right elements are covered in the document.

Represent Your Interests

Your attorney is there to make sure your best interests are represented in the contract. Your lawyer will set you up for success by ensuring your rights are protected and the best deal is made.

Objective Party in Contract Negotiations

You and the other party are very close to the contract and it can be difficult to look at it from an outside perspective to see what items should be edited. An attorney can look at it objectively to determine what needs to be changed and to address any legal implications of the contract. Your business attorney can make recommendations based on their legal expertise. He or she can also push you on items your lawyer doesn’t think are necessary to include in the contract.

Customize To Your Needs

Contracts you find online can be generalized to fit any industry or need. It’s essential to create a contract that is specific to your business and the partnership. A business attorney can make sure the language is exact to your industry and can create a contract that specifically addresses your needs.

Know the Latest Legal Issues

The laws are constantly changing. A generic contract might not account for the latest legal decisions. A business attorney knows about recent changes and can ensure the terms and language in the contract address modern laws and business trends. Don’t waste your time looking up recent changes and development – let the lawyer you’re paying do the work for you.

Know How To Negotiate

Your business attorney is experienced in negotiating. A lawyer can determine the other side’s strengths and weaknesses and negotiate accordingly to get you the best outcome possible. An attorney knows what the other side may or may not ask for – or push back on – and can enter contract negotiations prepared. They’ve been through negotiations before and know what to expect.

Ongoing Help

A business attorney can help you beyond the contract. He or she can help if issues surrounding the contract arise – such as if the other party breaks the contract. A business attorney can also help with other legal problems that come up surrounding your business.

Why Hire Us For Contract Negotiations

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Why You Need an Immigration Attorney To Help With a Work Visa

Tue, 06 Sep 2022 16:10:00 GMT

Do you want to work in the U.S., but you’re not a permanent resident? There could be a great job opening as an engineer, doctor, professor, or other career path. Before you immediately look past the opening, assuming you’re not eligible as a non-resident, you might have an option. You may need to obtain a work visa . This will allow you to live and work in the U.S. legally – and temporarily. However, like all processes related to immigration, obtaining a work visa can be complicated and requires the assistance of an immigration attorney.

Learn how an immigration attorney can answer your questions and help you through the process.

What Is A Work Visa?

A work visa allows foreign workers to obtain legal employment in the U.S. temporarily, and without gaining permanent residence status. The length of the employment will depend on the type of visa that is issued. There are many different categories of work visas that apply to various types of jobs, including specialty occupations (engineers, doctors), free trade agreement professionals, agricultural workers, educators, and more.

Why You Need an Immigration Attorney

Obtaining a work visa requires input and action from both the employer and the employee, and approval from the Department of Labor before filing a petition with USCIS. Because of the various complex steps, it’s essential to hire an immigration lawyer to help you through the process and make sure the requirements and approvals are met.

A lawyer can first help the employer file a petition with the United States Citizenship and Immigration Services. After this is approved, then the immigration attorney can help the employee obtain the work visa.

An attorney will ensure the worker meets all USCIS-mandated requirements. Then, a lawyer can help the employee submit a visa application and all necessary documents. Finally, an attorney can help the worker prepare for an in-person interview. Having an experienced immigration lawyer on your side can help you prepare for the interview, understand what to expect, and relieve some anxiety surrounding the process.

After the employee is granted a work visa, the process doesn’t end there. Once in the U.S., the worker must comply with all conditions of their work visa. If any conditions are not met, their visa may be revoked and they could be denied re-entry to the U.S.

An immigration lawyer can help employees understand what rules must be followed. If they fail to comply with one of the requirements, then the lawyer can advise on what steps to take to avoid losing their work visa.

Why Hire Us

Are you interested in applying for a job in the U.S. as a non-resident? It’s important to take the right steps to obtain a work visa – including hiring an immigration attorney.

When you need an immigration attorney, let the experts at Johnstone Adams LLC represent you.

Our experienced immigration lawyers assist businesses and individuals with visas, I-9 forms and compliance, audits, and other immigration matters throughout Alabama, Mississippi, and the Florida panhandle. We provide each client with personal access to a team of senior lawyers who thoroughly understand the complex web of immigration laws and the enormous impact these laws can have on a person’s life or a business’s bottom line. Our goal is to help you!

To get started. contact us at 844-682-7682 or info@johnstoneadams.com .

Employer Taxes: Common Problems An Attorney Can Help You Avoid

Tue, 23 Aug 2022 16:08:00 GMT

When running a business with employees, there are many obligations you must handle, incluiding employer taxes. One of the biggest items you need to take care of is payroll and payroll taxes.

Employers are required to collect payroll taxes from their full-time employees. These taxes need to be withheld from wages and submitted to the appropriate agencies. These can include federal, state, and local income tax, social security tax, medicare tax, and state and federal unemployment tax.

It’s essential to get the deductions right in order to avoid potential legal and tax issues.

Common Taxes Issues

There are many types of tax issues employers can encounter. Some of the most common tax issues businesses might face are:

1. Misclassifying Employees As Contractors

While taxes must be withheld from employees, the rules are more lenient for contractors. Independent contractors are typically not eligible for employer benefits, and taxes do not need to be withheld. Instead, it’s up to the contractor to submit his or her taxes. However, it’s important for businesses to not just incorrectly classify employees as contractors. Mislabeling a full-time worker as an independent contractor – even if it’s an accident – can have serious consequences.

2. Late Payments

Employers are required to pay quarterly taxes. Failure to submit these on time can result in penalties and interest, and even legal action for those who are responsible for submitting taxes. Companies also need to submit wage reports with federal, state, and local tax authorities.

3. Failure To Pay Overtime Wages

Federal law requires employers to pay workers time and a half when they work overtime. Failing to adhere to overtime rules can result in required back payments, penalties, and interest. In addition, you can face complaints and actions from employees.

4. Paying Wrong Tax Amounts

The state and federal tax rates change yearly. You must account for these changes to ensure you pay the correct amount in state and federal income taxes, as well as make the right tax deductions for medicare and social security.

5. Lack of Records

Your business needs to keep up-to-date and accurate records on each employee’s work history and wages. This can include hours worked, overtime, wages, holiday pay, bonuses, vacation and sick time, and more. It’s important to keep these so you can reference them later, or if audited by the IRS. As a general rule of thumb, if you’re questioning whether or not you should keep a record or file, hang onto it.

Ways A Business Attorney Can Help With Employer Taxes

These common tax errors can result in penalties, interest, and potential legal issues. You need a business attorney to help. A lawyer can help you identify errors and work on solutions that can minimize your penalties. If you’re facing criminal charges, you will need an attorney to help you navigate the legal system.

A business attorney can also help prevent tax issues by helping you ensure your employees are classified correctly, and your payroll deductions are set up accurately. An attorney can also advise you on any other questions you have.

Why Hire Us

When you need a business attorney, let the experts at Johnstone Adams LLC represent you. We want to help you and your business succeed.

We can assist with employer taxes and other business matters. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Johnstone Adams LLC Ranked in 2023 “Best Law Firms”

Thu, 18 Aug 2022 22:22:00 GMT

Mobile, AL, United States, August 18, 2022 — U.S. News & World Report and Best Lawyers ^® , for the 13th consecutive year, announce the U.S. News – Best Lawyers ^® “Best Law Firms” rankings.

Johnstone Adams LLC has been ranked in the 2023 U.S. News – Best Lawyers ^® “Best Law Firms” list regionally in 8 practice areas.

Firms included in the 2023 U.S. News – Best Lawyers ^® “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2023 edition of U.S. News – Best Lawyers ^® “Best Law Firms”; includes rankings in 75 national practice areas and 127 metropolitan – based practice areas. Additionally, one “Law Firm of the Year” was named in each nationally-ranked practice area.

Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

Johnstone Adams LLC received the following rankings in the 2023 U.S. News – Best Lawyers ^® “Best Law Firms”:

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About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

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ABOUT “BEST LAW FIRMS”

The U.S. News – Best Lawyers ^® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in the ﬁeld, and review of additional information provided by law ﬁrms as part of the formal submission process. To be eligible for a 2023 ranking, a law ﬁrm must have at least one lawyer recognized in the 13th edition of The Best Lawyers in America ^® list for that particular location and specialty.

ABOUT U.S. NEWS & WORLD REPORT

U.S. News & World Report is the global leader in quality rankings that empower people to make better, more informed decisions about important issues affecting their lives. A digital news and information company focused on Education, Health, Money, Travel, Cars and News, USNews.com provides consumer advice, rankings and analysis to serve people making complex decisions throughout all stages of life. More than 40 million people visit USNews.com each month for research and guidance. Founded in 1933, U.S. News is headquartered in Washington, D.C.

ABOUT BEST LAWYERS

Johnstone Adams LLC Lawyer Named to 2023 Best Lawyers: Ones to Watch in America™

Thu, 18 Aug 2022 22:21:00 GMT

Mobile, AL, United States, August 18, 2022 — Johnstone Adams LLC is pleased to announce that 1 lawyer has been included in the 2023 edition of Best Lawyers: Ones to Watch in America .

“Best Lawyers was founded with the purpose of recognizing extraordinary lawyers in private practice through an exhaustive peer-review process,” said CEO of Best Lawyers Phillip Greer. “More than 40 years later, we are proud to expand our scope, while maintaining the same methodology, to recognize a different demographic of talented and deserving lawyers with ‘Ones to Watch’ recognitions.”

Lawyers recognized in Best Lawyers: Ones to Watch in America are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Johnstone Adams LLC would like to congratulate the following lawyer recognized in the 2023 edition of Best Lawyers: Ones to Watch in America :

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About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

Elizabeth Darby Rehm Named 2023 Best Lawyers® “Lawyer of the Year” in the Mobile Area.

Thu, 18 Aug 2022 22:19:00 GMT

Mobile, AL, United States, August 18, 2022 — Johnstone Adams LLC attorney Elizabeth Darby Rehm was recently recognized by Best Lawyers ^® as the 2023 “Lawyer of the Year” for Labor Law – Management.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

In addition to the “Lawyer of the Year” award, Elizabeth Darby Rehm was also listed in the 2023 edition of The Best Lawyers in America ^® in the following practice areas:

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

7 Johnstone Adams LLC Lawyers Named to 2023 Best Lawyers® List

Thu, 18 Aug 2022 22:18:00 GMT

Mobile, AL, United States, August 18, 2022 — Johnstone Adams LLC is pleased to announce that 8 lawyers have been included in the 2023 edition of The Best Lawyers in America ^® . Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

“Best Lawyers was founded more than 40 years ago to recognize the exceptional accomplishments of top legal professionals,” says Best Lawyers CEO Phil Greer. “We are proud to continue to present the most respected, unbiased legal awards worldwide.”

Best Lawyers has earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. For the 2023 edition of The Best Lawyers in America , more than 12.2 million votes were analyzed to identify the top legal talent, as identified by their peers.

Johnstone Adams LLC would like to congratulate the following lawyers named to 2023 The Best Lawyers in America list:

About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.

5 Questions To Ask Your Estate Planning Attorney

Tue, 16 Aug 2022 16:07:00 GMT

Are you in need of an estate planning attorney? It’s important to have someone to help you with your will, trust, and other documents to ensure your estate is handled correctly.

When you hire an estate planning attorney, you are gaining the professional’s expertise and experience. It’s important to take advantage of this relationship by asking your lawyer key questions to gain as much knowledge as you can.

Some questions you should consider asking are:

1. What’s the Difference Between Wills and Trusts?

A confusing part of estate planning can be understanding the difference between a trust and a will. The will is a document that lists your intentions after your death, including who your beneficiaries are, to who you are giving Power of Attorney, and what you would like done with your estate.

A trust arranges for the legal transfer of your assets – from you to a trustee, and eventually the beneficiary. The trustee will manage the assets until they are given to your beneficiaries.

2. Why Do I Need a Power of Attorney?

An item you may talk to your estate planning attorney about is why it’s important to establish a Power of Attorney. This person is responsible for making legal and medical decisions on your behalf when you are unable. If you don’t appoint someone as your Power of Attorney, then it can leave your family trying to figure out who needs to make critical decisions on your behalf. In an emergency situation, you will need someone to make decisions for you quickly. Having someone designated – and someone whom you’ve already relayed your wishes to – can make the process easier.

3. What Should Be In My Estate Plan?

While every estate plan is different, there are some key elements that it should contain. This can include medical directives, financial decisions, and more. Working with your estate planning attorney, you can decide how detailed to make your plan and what to put in it. It’s essential to ensure the key decisions are documented clearly and are in the plan to avoid any confusion later.

4. Who Executes the Estate Plan?

It’s important to get clarification from your estate planning attorney on if you are expecting them to execute the estate plan on your behalf, or if you just want them to assist you in writing it. This is essential to know from the beginning as it can help the attorney define the scope of the work and the length of your relationship.

5. Can I Review The Estate Plan?

Do you want to review the documents in your estate plan? It’s important to discuss this with your estate planning attorney at the beginning of your relationship so you can determine the process. Your attorney has been through the estate planning process numerous times before, so they can advise you on when it makes sense to review the plan, and what items, in particular, you will

want to check. If you don’t want to review and approve the documents, then it’s also important to tell your attorney that from the beginning so he or she knows not to bother you with drafts.

Why Hire Us

When you need to establish an estate plan, let the experts at Johnstone Adams LLC represent you and help you with your legal needs. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com.

5 Reasons To Hire an Estate Planning Attorney

Tue, 09 Aug 2022 16:43:00 GMT

Are you questioning whether or not you need to hire an estate planning attorney? As you get older, there can come a time when it makes sense to start getting your estate in order.

Take a look at five ways an estate planning attorney can help you:

1. Potentially Avoid the Long, Costly Probate Process

When a person dies, it can involve a long court process to transfer the deceased’s estate to his or her heirs and beneficiaries. This can be an expensive process and can take years to resolve. You may be able avoid this by hiring an estate planning attorney. Your lawyer knows all of the probate laws and processes and can advise you on steps you may want to take to avoid a long legal battle for your heirs and beneficiaries.

2. Protect Your Assets and Your Family

When you work with an estate planning attorney, you can work with your lawyer to create an estate plan. This will be comprised of documents including:

Having this plan in order will help your loved ones when you pass. This will ensure your wishes are carried out, and that your assets are given to those who you intended.

3. Organize Your Information

An attorney will make sure your documents are organized and that vital information – like financial records, titles, insurance policies, and beneficiary designations — is accessible after your passing. This will give your family the information they need and can help prevent mistakes as they settle your estate.

4. Avoid Mistakes

An attorney can also help create your plan and organize your information accurately. This will help you avoid mistakes that you might make if you were handling the documents on your own.

A lawyer can help you avoid the following errors:

5. Update Documents As Needed

After completing your initial estate plan, you might experience life changes that will require you to update your documentation. This can include divorce, the birth of a child, marriage, or another life-altering event. It’s important to document these changes in your plan to ensure your estate is up to date at the time of your passing.

Why Hire Us As Your Estate Planning Attorney

When you need to establish an estate plan, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us at 844-682-7682 or info@johnstoneadams.com .

Elder Attorney: Protect Your Rights When You Have Alzheimer’s Disease

Tue, 02 Aug 2022 16:42:00 GMT

Being diagnosed with Alzheimer’s Disease can be an emotional and stressful time for you and your family. As you worry about what the future holds, it’s important to take care of legal matters as soon as possible.

An elder attorney can help you plan to protect your rights when you have Alzheimer’s Disease.

Why You Should Be Proactive

When you’re diagnosed with Alzheimer’s Disease, you should start making legal plans as soon as possible. This allows you to be part of the process and express your needs and wants before your symptoms become too severe. Hiring an elder attorney and documenting your wishes not only gives you assurances that your desires will be carried out by your appointed decision-makers. It also takes the pressure off of your loved ones who are tasked with making the decisions on your behalf. Planning also lets you make financial arrangements and secure a long-term care facility of your choice.

It’s essential to meet with a lawyer while you still have the legal capacity to do so. A person with Alzheimer’s Disease can generally make their own decisions and sign their paperwork and documents if they can make rational decisions, and understand the meaning and importance of a legal document. Before a lawyer has you sign a legal document, they will likely discuss the document with you to make sure you fully understand it.

How An Elder Attorney Can Help

An elder attorney can help you with numerous legal issues related to your care. Some of the main issues a lawyer will help with include:

Why Hire Us

When you need an elder attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started. contact us at 844-682-7682 or info@johnstoneadams.com .

4 Benefits of Hiring an Immigration Lawyer

Tue, 19 Jul 2022 16:42:00 GMT

When seeking immigration benefits in the U.S., it’s important to hire an immigration lawyer to help navigate the process and provide you with guidance on the ins and outs of the immigration filing process. Some benefits of hiring an attorney can include:

1. Assurances That The Paperwork Is Done Accurately

Pursuing U.S. immigration benefits involves extensive paperwork. Completing the forms and assembling the required supporting documentation can be both daunting and confusing. Experienced immigration attorneys know exactly how these forms must be filled out.. Failure to complete these forms correctly can significantly delay approval of your requested immigration benefits and could result in you having to pay additional filing fees.

2. Assistance Getting Permits

Immigration lawyers can help get you the authorization you need to work in the U.S.. An experienced attorney knows what information you need to provide to obtain work authorization and to keep your application moving. Without a legal expert, you can make a mistake that can delay the process.

3. Present You With Options

There is more than one path to U.S. citizenship. When navigating the process on your own, you might not be aware of other options. This is where an immigration attorney can help. He or she can lay out various options for you, explain the pros and cons of each path, and ensure you understand the choice you are making and how that will impact your process and timeline towards citizenship.

4. Experience From Other Cases

While this is likely your first time pursuing an immigration benefit, it is not your immigration attorney’s first time helping a client through the process (hopefully!). Your immigration lawyer will be aware of the many different scenarios and pathways to the immigration benefit you are seeking. This will benefit you as he or she has the experience to know what documentation you need to provide, what options might work best, and can tell you what to expect throughout the journey.

Need an Immigration Lawyer? Hire Us

When you need an immigration lawyer, let the experts at Johnstone Adams LLC represent you.

Our experienced immigration lawyers assist businesses and individuals with immigrant and nonimmigrant visas, Form I-9 compliance and audits, and other immigration matters throughout Alabama, Mississippi, and the Florida panhandle. We provide each client with personal access to a team of senior lawyers who thoroughly understand the complex web of immigration laws and the enormous impact these laws can have on a person’s life or a business’s bottom line.

To get started. contact us at 844-682-7682 or info@johnstoneadams.com .

How to Protect Your Business From Wrongful Termination Cases

Tue, 12 Jul 2022 16:41:00 GMT

Wrongful termination is something nobody wants to think about. When you hire a new employee, chances are you are excited about the potential the person will bring to your business, and the long tenure they will have at your company.

Their employment started great, but then the relationship soured. They started having performance issues and you had to fire them. You were sad to see them leave your company, but when they packed up their desk and walked out the door, you thought that was the end – until you received a wrongful termination lawsuit.

While a lawsuit likely won’t occur after every termination, it can happen. And when it does, it can put your business at risk. You can avoid these lawsuits by working with an attorney to ensure you are taking proper precautions to avoid wrongful termination cases.

What Is Wrongful Termination?

Wrongful termination involves firing a person for an illegal reason . This can include a violation of federal or state anti-discrimination laws — including if it’s due to their race, religion, age, sexual orientation, disability, or pregnancy status. It can also include other reasons, like a contract breach.

Ways To Protect Your Business

To avoid wrongful termination cases, it’s essential to work with a business attorney. A lawyer can advise you on when you can end employment for an individual, and what processes must be followed.

Some ways a lawyer will help you include:

Why Hire Us

To get started. contact us at 844-682-7682 or info@johnstoneadams.com .

Common Litigation Issues Hospitals Face

Tue, 05 Jul 2022 15:57:00 GMT

The U.S. spent more than $4.1 trillion in healthcare expenditures in 2020. With this much money dedicated to healthcare, it leaves room for a lot of disputes between patients, employees, and insurance companies against healthcare facilities.

Look at some of the most common litigation issues hospitals face.

Employee Disputes

Hospitals, clinics, senior living facilities, and other healthcare facilities have a large number of employees on their staff. This means these facilities need to deal with the normal Human Resource issues that come from hiring and firing, discrimination, and contract disputes. Organizations need to handle these issues while still providing excellent care to their patients.

Billing Issues

With so much money spent by patients on medical treatment and therapy, it results in a lot of bills and a lot of insurance claims. This can result in claims of overcharging and inappropriate billing. Facilities need legal help to make sense of these claims and determine the correct payments due and ensure providers are correctly compensated.

HIPPA Violations

Medical facilities must protect their patients’ privacy. This includes observing patient confidentiality and not disclosing any protected health information. This applies to all information about a patient and their care unless there is a court order to release certain information. If these privacy rights are violated, the patient may file a case against the care facility.

Mistreatment of Patients in Long-Term Care Facilities

Patients who live in long-term facilities, like nursing homes and senior care facilities, require round-the-clock care and attention. This can lead to claims against the facilities if the patient or his or her family feels they have not been properly cared for. These claims can vary, from minor neglect if the patient developed bed sores from not being moved enough, to major claims if the patient falls or is given the wrong medication or treatment. Abuse claims can also be common if a patient is mistreated, or is physically or sexually harmed. These claims require legal expertise to research the case and represent the facility against the charges.

Medical Malpractice

When patients seek care at a medical facility, they are entrusting a doctor, nurse, or other professional to provide accurate treatment. However, medical professionals are human, and they can make errors. This can include failing to get consent before treatment, giving the wrong medication, or even making a mistake in surgery. This can lead to patients falling ill, getting injured, or even dying. A malpractice claim by a patient is serious and needs to be addressed by an experienced lawyer.

Health Care Fraud

Health care fraud cases can be extremely tricky. This refers to claims that a patient – and their insurance company – were billed for treatments that they didn’t receive or prescribed treatments or equipment they knew the patient did not need. When this is caught by a patient or an insurance company, it can result in fraud charges being brought against the healthcare facility.

Why Hire Us to Handle Your Litigation

When you need a healthcare attorney to resolve an issue with a patient, insurance company, or other organization, let the experts at Johnstone Adams LLC represent your hospital or facility.

In addition to regional and local hospitals, our healthcare clients include the largest not-for-profit healthcare provider in Alabama, physicians, long-term care facilities, mental healthcare facilities, healthcare systems and networks, rehabilitation hospitals, home health agencies, and management services organizations.

To get started on your case, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com .

Steps To Take for Basic Estate Planning

Thu, 30 Jun 2022 15:55:00 GMT

Everyone should consider taking basic estate planning steps. While we don’t like to think about death, unfortunately, it’s an inevitable fact we all must face. As the famous Ben Franklin quote states, “In this world, nothing is certain except death and taxes.”

That means, while it may be unpleasant, it’s necessary to plan for your passing. Taking key steps now will make it easier on your loved ones later.

Learn more about the estate planning actions you should take now.

Make a Will

Creating a will is the best way to ensure your assets go to those you designate. Without a will, the government may decide who gets your estate. Avoid this by working with an estate planning lawyer to draw up a last will and testament to document who you would like to get each of your assets.

Create a Living Will

This is different from a last will and testament. A living will, or an advance directive , is a legal document that gives instructions for your medical care if you are incapacitated or too ill to communicate your own decisions. This can include measures to use and avoid to prolong your life.

Name a Guardian for Your Children

If you have minor children, you need to legally designate a guardian for them in case you, their other parent, or both of you, die. You will also need to designate who should handle your children’s inheritance from you, so you may also want to name a separate person to overlook their finances.

Establish Power of Attorney

In case you cannot make decisions on your own, you need to legally give a person the authority to make decisions on your behalf. These can include both medical and financial decisions.

Create a Living Trust

A living trust is a legal document that places your assets in a trust while you are still alive. After you die, these assets are given to your designated beneficiaries through a trustee. The benefit to creating a living trust is that your assets can go directly to your beneficiaries and don’t have to go through probate.

Verify Beneficiary Information

While creating your estate plan, make sure the information listed for your beneficiaries is correct. Verify you have selected the right people to be your beneficiaries, and double-check the spelling of their names, and make sure their social security numbers and date of birth are correct.

Make a Plan for Your Digital Assets

While you might focus on your finances and physical assets when creating your estate plan, don’t overlook the importance of making plans for your online accounts. This can include your online banking accounts like PayPal and Venmo, your email accounts, and your social media accounts. Make sure you document your login and password information and give instructions on how to handle each digital property.

Create a Plan for Your Burial, Remains

Because the cost of funerals and burials can be so high, you might want to make your arrangements ahead of time and set up an account to pre-pay for the expenses. You should also document your preferences for what to do with your remains, and where you’d like to be buried. If you want to donate organs, you should also designate that in a legal document.

Why Hire Our Estate Planning Attorneys

When you need an estate planning attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com .

5 Ways An Immigration Lawyer Can Help You Speed the Process Up to 8 Weeks

Tue, 28 Jun 2022 15:54:00 GMT

An immigration lawyer is necessary when applying for U.S. citizenship and finding a path to remain in the country. It can be a long and complicated process. Going through this alone can be long and risky – especially if you make a mistake in filing paperwork or providing necessary documentation.

Hiring an immigration lawyer can help you find a more direct path to citizenship, and help you do it more quickly than if you were navigating the process on your own. Some ways they can assist you include:

1. Filing the Correct Paperwork

Paperwork is a large part of the citizenship and visa process. Whether you are trying to stay in the U.S., or help a loved one remain in the country, it’s essential to fill out and submit the correct documentation, with accurate information. Failing to do this can not only prolong the process but can also hurt your application. Experienced immigration attorneys know the ins and outs of what paperwork is required, the deadlines to submit, and what information you will need to provide.

2. Advising on the Process

An immigration lawyer can help you successfully obtain what you’re looking for. Whether you want a work permit, the ability to keep your loved one in the country, or permanent citizenship, an attorney knows what steps you need to take to make this possible. Failure to take the right steps, contact the right people, and submit the right documents can result in your application being denied.

3. Using their Experience

One of the largest advantages of hiring an immigration lawyer is the experience they will bring to your case. While this might be your first time going through the immigration process, an attorney has gone through this numerous times and has navigated through various obstacles. They can use the knowledge they gained from previous cases to help you. An attorney may also have contacts to reach out to for help.

4. Presenting all of Your Options

When filing an immigration application on your own, you might not be aware of all of your options. This is where hiring an immigration lawyer can be beneficial. An attorney may be able to present other options to you or help you understand the reality of your situation and the odds of you being successful in your endeavor. Knowing this can help you better set your expectations.

5. Helping You Achieve Your Ultimate Goal

An immigration lawyer can help you obtain your current goal, and also help you work towards your long-term needs – including permanent citizenship. Knowing your end goal will help an attorney take the right steps from the beginning to strengthen your case to become an American. He or she can also set expectations for the outcome and timeline to ensure you are aware of what’s ahead. In addition, they can expand their guidance to help you strengthen your case for citizenship.

Why Hire Us As Your Immigration Lawyer

When you need an immigration lawyer , let the experts at Johnstone Adams LLC represent you.

To get started. contact us at 844-682-7682 or info@johnstoneadams.com .

3 Ways a Business Lawyer Can Help with Your Marketing and Management

Thu, 23 Jun 2022 15:53:00 GMT

When running a company, it’s essential to hire a business lawyer to help with all aspects of your organization – including management and marketing issues.

Hiring, firing, and retaining employees can raise a lot of legal issues that you need an expert to help navigate. You also want to ensure your company’s brand and products are legally protected and that you are abiding by relevant policies and laws.

Some common areas where business lawyers can help your company in regards to marketing and management are:

1. Creating contracts

While sealing a deal with a handshake is a nice gesture, you need to have legal documentation backing it up. Whether you are making an agreement with an internal resource like one of your employees, or an external resource like a third-party vendor or client, make sure you have a business lawyer draw up a contract. Having this agreement in writing can help you later if there is confusion over the terms. This can help you avoid litigation.

2. Settle Employment Disputes

While you should retain an employment lawyer for large legal issues, there are problems a business attorney can help you resolve, as well. Some of these problems can include:

§ Contracts: A lawyer should review contracts you have employees, contractors, interns, and other staff members sign. This will ensure the verbiage is accurate and complies with all relevant laws. Having a lawyer review irregular employee contracts is especially important as these contractors fall under a different set of laws than full-time employees.

§ Policies: Your company needs policies in place to ensure workplace standards are upheld. This can include hiring practices, processes that need to be followed, workplace rules, time-off policies, disciplinary actions, dress codes, and more.

§ Safety issues: If there is an accident at the facility or an instance of company negligence, you need a business attorney to represent you during any potential litigation, and to ensure you are following the correct protocols.

§ Privacy: It’s essential to keep your employees’ information secure and private – from their social security information to their wages to their annual reviews. You should work with an attorney to determine processes of how to ensure this information is kept private, and to document who is allowed to access this information – and how.

§ Agreements: To protect your company’s information and assets, you should work with an attorney to draft non-disclosure and non-compete agreements. These will protect your company in case an employee

leaves the organization. These prevent him or her from sharing private information and knowledge he or she gained at your company. For example, they cannot go to one of your competitors and share information about a product you are working on.

3. Protect Brand, Trademarks, Intellectual Property

The marketing team at your company works hard to ensure your customers – and potential clients – see your brand and your products to attract new business. To make sure the brand they are marketing cannot be copied by another company, you need to work with a business lawyer to file the necessary applications and documentation to ensure you own the brand. This also applies to any products or trademarks you own. It’s essential to work with a lawyer to properly register trademarks and apply for patents on your products. This will protect your company’s intellectual property.

Why Hire Us

When you need a business attorney, let the experts at Johnstone Adams LLC represent your company.

To get started, contact us at 844-682-7682 , our online form , or info@johnstoneadams.com .

How Can a Healthcare Lawyer Help Your Hospital or Facility?

Tue, 21 Jun 2022 15:52:00 GMT

You may not be familiar with a healthcare lawyer or what they do, but one industry everyone interacts with at one time or another is healthcare. When a person is sick or injured, they need medical attention and must rely on a hospital or healthcare facility to help.

With so much responsibility, hospitals, clinics, nursing homes, and other medical facilities need expert legal representation.

Healthcare can be a complicated area of law. Because of the amount of money spent on healthcare in the U.S., the entire industry can be very heavily regulated. To navigate these laws and policies, hospitals and facilities need to hire a healthcare attorney to represent their organization and provide their expertise.

What Does a Healthcare Lawyer Do?

Healthcare attorneys specialize in representing healthcare institutions like hospitals, clinics, pharmacies, labs, physician groups, medical staff, nursing homes, and more. They provide advice, write legal documentation, draft contracts, create policies, and represent the organization with investigations and litigation.

These lawyers have the responsibility of becoming experts in the law and advising healthcare facilities on how best to proceed and defend themselves against possible threats.

When You Should Hire a Healthcare Lawyer

Healthcare attorneys can help medical organizations navigate many issues. From internal conflicts to external risks, facilities can face many threats. Some areas facilities might seek assistance with can include:

· Complying with regulations, including the Anti-Kickback Statute, the Stark Law, or the False Claims Act .

· Creating contracts and company policies.

· Guiding government investigations.

More broadly, hospitals or facilities might seek the assistance of an attorney when dealing with regulatory compliance, accusations of fraud and abuse, and honoring patients’ rights.

· Regulatory compliance: Following regulatory compliance is essential to healthcare facilities. Many specific laws must be followed and many issues must be navigated. This requires an expert in the law to provide guidance and representation in areas related to license transfers, insurance, malpractice, tax obligations, and more.

· Accusations of fraud and abuse: Healthcare facilities can endure many accusations of healthcare fraud or abuse from patients and insurance companies. Because medical facilities rely on payments for services from insurance companies, it’s essential to have representation from a legal expert to ensure laws are followed and healthcare transactions can go through. If a patient accuses a facility of fraud or abuse, an organization must hire experienced representation to defend them against the accusations and help them build their case.

· Honor patients’ rights: Medical facilities must uphold patients’ rights when they are being treated. This can include ensuring doctors inform patients of their options and associated risks before treatment is administered, and making sure they have the patient’s consent to move forward. Facilities also must ensure patients’ medical records are kept private, and that doctors and medical staff are following all laws when treating patients. If these are violated, organizations need legal representation to defend them against the accusations.

Why Hire Us As Your Healthcare Lawyer

When you need a healthcare lawyer to resolve an issue with a patient, insurance company, or other organization, let the experts at Johnstone Adams LLC represent your hospital or facility.

Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm is able to mix its experience with the ability to evolve with the changing times.

To get started on your case, contact us using our online form , calling us at 844-682-7682 , or emailing us at info@johnstoneadams.com .

Setting Up Retirement Plans at Your Business? 4 Ways a Business Lawyer Can Help

Thu, 16 Jun 2022 15:51:00 GMT

With more and more Americans focusing on saving for retirement at an early age, employer-sponsored retirement plans are a great way to recruit and retain employees at your business. Offering a 401(k) or pension plan is considered par for the course for most jobs, and failure to offer one can leave you in a constant talent search to keep your company operating efficiently.

However, while offering a retirement plan is a necessity to compete with other companies and secure top talent, it can also be very complicated and can require legal expertise.

These plans are governed by ERISA, the Department of Labor, the IRS, and other regulatory requirements because of the amount of money being invested in retirement plans. Trying to establish these on your own – and meet all of the compliance requirements – can be risky. Instead, setting these plans up with an experienced business attorney should be a priority for your company to ensure you are compliant and fiduciary requirements are being met. This will keep you out of legal trouble and will save you time and stress.

Some reasons you need an attorney can include:

1. Make sure your retirement plan is compliant: An attorney can help you create processes and procedures to ensure your plan is compliant with all federal regulations. These processes are set up to identify potential risks and mistakes so you can correct them before it’s too late and you’re in violation of state or federal laws. A lawyer knows the ins and outs of the IRS and Department of Labor laws and regulations and can help you avoid any risky areas when setting up your retirement program.

2. Provide guidance in case of an audit: If your company’s plan is audited by the IRS or Department of Labor, you need an experienced attorney to help you determine where the mistake was made and how to correct it. An attorney can represent you in interactions with the federal agencies and help rectify the situation with your best interests in mind.

3. Ensure plan details are communicated properly: When rolling out an employer-sponsored retirement plan, you must take proper action to correctly notify employees. This can include sending notices at specific intervals, forms, and other communications describing the plan, any actions they need to take, how to add beneficiaries, and more. An attorney can ensure the correct steps are taken and there are no fiduciary mistakes.

4. Fiduciary governance: ERISA fiduciary matters can be extremely complex and must be handled by an experienced attorney. It’s essential to use best practices when navigating the fiduciary governance structures and provide proper oversight and guidance to ensure their plans are legal and compliant.

There are many other unique issues your company might encounter when setting up a retirement plan that requires legal expertise. If you have a pension plan at your company, an attorney can help you navigate pension plan fiduciaries, and handle hybrid plans that include a cash balance and pension equity. Attorneys can also offer expertise in handling Employee Stock Ownership Plans and Safe Harbor 401(k) plans.

Why Hire Us to Assist With Retirement Planning

When you need a business attorney, let the experts at Johnstone Adams LLC represent your company.

To get started, use our convenient online form or contact us at 844-682-7682 or info@johnstoneadams.com .

Why You Need a Lawyer Who Specializes in Elder Law for Your End of Life Care

Tue, 14 Jun 2022 15:50:00 GMT

An elder law attorney can help you navigate the complications of planning for end-of-life care. You might have specific requests and needs, and it’s essential to make sure those are met. This is especially important if you cannot communicate your wishes or advocate for yourself near the end of your life.

This is where an elder law attorney can help . Learn how a lawyer who specializes in elder law can help you prepare for your end-of-life care.

Create an Advance Health Care Directive

An Advance Health Care Directive is a document that contains your healthcare desires. This document is valuable as it is helpful to list your wishes if you are incapacitated and unable to communicate your requests. An elder law attorney can help you prepare this document. Some areas typically addressed in an Advance Health Care Directive include the types of medical treatment you want to receive, if you want to be put in a care facility, if you want to donate organs, if you want to be put on life support, and other important items. You can also appoint someone to make healthcare decisions on your behalf if you are unable to.

Make Financial Decisions

Between your house, business, assets, banking accounts, and other property, you might have a lot of finances to manage and make arrangements for as you near the end of your life. It’s important to work with an elder law attorney to ensure these are all accounted for and properly handled. You have several options to manage your finances, including:

· Establish financial power of attorney: Like with a healthcare power of attorney, giving someone financial power of attorney allows them to manage your finances if you are unable. This designation gives them access to your financial records and accounts, as well as your investments. They will be able to pay your bills, collect payments, and more on your behalf.

· Create a living trust: you should also talk to your elder law attorney about establishing a living trust. This allows you to have a designated trustee manage property that’s placed into the trust. You can detail how you want the assets managed.

To ensure that your end-of-life requests are met, it’s important to hire an attorney who specializes in elder law. This will give you peace of mind that your wishes are legally documented and will be carried out.

Why Hire Us

When you need an elder law attorney , let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

To get started, contact us on our convenient online form , calling us at 844-682-7682 or at info@johnstoneadams.com .

U.S. Citizenship & How Divorce Can Affect Your Future

Mon, 13 Jun 2022 16:00:00 GMT

Marriage can be complicated – and even difficult at times. This can be even more complicated if your U.S. citizenship is tied to your spouse and you are going through a divorce.

Find out how divorce can impact your future citizenship.

What you need to know about divorce and citizenship status

How divorce may impact your quest for U.S. citizenship can depend on your spouse’s immigration status, and any immigration benefits you received.

If you received residency by marrying a U.S. citizen and you are now divorced, you may only receive a two-year conditional green card instead of a 10-year green card. During the two years, your marriage may be investigated to ensure it was legit and was not only used to obtain a fraudulent green card.

To become a permanent resident you must file Form I-751, Petition to Remove Conditions of Residence. This must be submitted before your green card expires. If you are already divorced, you can fill out the form yourself by filing a waiver. Otherwise, you should fill it out with your spouse.

If you are divorced, you will need to prove you married in “good faith,” and that you intended to live with your spouse and have a normal marriage in order to try to become a permanent resident. You will need to prove your relationship through documents that can include a joint checking account, an apartment lease, joint credit cards, joint property ownership, shared insurance policies, and other evidence that prove you entered into a bona fide marriage.

If you are already a permanent resident before getting divorced, it should not impact your status. However, it may mean you will have to wait longer to apply for naturalization.

Divorce vs. Separation

It’s essential to know the difference between a separation, legal separation and divorce when determining how this can impact your immigration status.

With a separation, you are still legally married but may be living apart. In this situation, your immigration status is unlikely to be changed.

If you are legally separated, it could impact your immigration status. This can be viewed as a preface to divorce by USCIS and your conditional resident status could be revoked and you could be placed in removal proceedings. You will need to work with an immigration attorney to prove your marriage was legit and you just encountered relationship issues to see if you can still obtain a green card despite the separation.

If you received permanent residence before your legal separation, then your status should remain unchanged.

If you are divorced, you are no longer legally married, then the general terms outlined above will apply to your case.

When considering a separation or divorce, it’s critical to hire an immigration attorney so he or she can help you understand how your relationship can impact your immigration status.

Why Hire Us To Help With Your Citizenship Matter

When you need an immigration lawyer, let the experts at Johnstone Adams LLC represent you .

Our experienced immigration lawyers assist businesses and individuals with immigrant and non-immigrant visas, Form I-9 compliance and audits, and other immigration matters throughout Alabama, Mississippi, and the Florida panhandle. We provide each client with personal access to a team of senior lawyers who thoroughly understand the complex web of immigration laws and the enormous impact these laws can have on a person’s life or a business’s bottom line.

To get started, contact us using our online form , at 844-682-7682 or info@johnstoneadams.com .

12 Common HIPAA Violations an Attorney Can Help You With

Mon, 13 Jun 2022 15:59:00 GMT

Health professionals and organizations must protect their patients’ privacy. Because of this, doctors, nurses, administrators, and other medical workers need to follow HIPAA rules . Failure to do this can lead to lawsuits from patients and their families.

12 common HIPAA violations attorneys can help you fight against are:

· Unauthorized viewing of healthcare records: Health professionals are only allowed to access the health records of patients they are permitted to view under privacy rules. Looking at the records of family members, friends, or celebrities are HIPAA violations of privacy. Any employee caught looking at unauthorized records could be terminated, and could face criminal charges.

· Failure to eliminate security risks: Health organizations need to perform risk assessments to try to eliminate HIPAA violations. Failure to perform these regularly can leave the organization open to lawsuits, especially if hackers can access a person’s health information.

· Lack of an established risk management process: Organizations need to establish a risk management process to identify risks and create a procedure to eliminate the threats as soon as possible. This ensures action will be taken and identified risks are not ignored.

· Failure to give patients access to their health records: HIPAA states that patients have a right to access their medical records and get copies of their files when requested. Failing to give patients access, overcharging for copies of their records, or failing to give them their records within 30 days is a violation that can result in lawsuits from patients.

· Failure to enter into a HIPAA-compliant business agreement: Your health organization must enter into HIPAA-compliant agreements with all vendors who are given access to patient health records. Failure to do this can result in lawsuits.

· Insufficient access controls: Under HIPAA regulations, business vendors who work with health organizations must control who can access patient records. Not establishing proper access controls can result in lawsuits for HIPAA violations.

· Failure to encrypt HIPAA information: Health organizations need to protect patient information through encryption to prevent data breaches. Encryption is not mandatory under HIPAA rules, but if it’s chosen not to be used, then another form of security needs to be put in place.

· Unauthorized disclosures of health information: Disclosing a patient’s private health information without their permission is a HIPAA violation. This can include giving medical information to a person’s employer, to an unauthorized family member or friend, and even the careless handling of private health information.

· Improper disposal of health information: When a medical organization no longer needs to maintain a patient’s medical information, the records must be properly disposed. This means securely destroying the records and information, including shredding physical documents and wiping electronic devices clean of information. Failing to do this can lead to financial penalties.

· Failure to set verbal communication policies: Employees cannot discuss patient health information in public places – like hallways of health facilities – where others can hear a patient’s test results or health concerns.

· E-mailing patient records: Employees may be tempted to email confidential health records to their personal accounts to work on at home. However, this is insecure and puts a patient’s information at risk. It can be considered theft and leaves the employee and the organization open to discipline and lawsuits.

· Failure to lock electronic devices: Leaving a patient’s records on an electronic device and leaving the screen unlocked and unattended can put private information at risk.

Why Hire Us to Handle HIPAA Violations

When you need a healthcare attorney to resolve an issue with a patient, insurance company, or other organization, including HIPAA violation, let the experts at Johnstone Adams LLC represent your hospital or facility.

In addition to regional and local hospitals, our healthcare clients include the largest not-for-profit healthcare provider in the Mobile Metro Area, physicians, long-term care facilities, mental healthcare facilities, healthcare systems and networks, rehabilitation hospitals, home health agencies, and management services organizations.

To get started on your case, use our online form , contact us at 844-682-7682 or info@johnstoneadams.com .

Contracts – How a Business Lawyer Can Help You Negotiate

Mon, 13 Jun 2022 15:59:00 GMT

Entering into contracts is a serious matter, as it is legally binding. When it comes to your business, you can’t afford to sign a contract that has not been reviewed to look for any potential issues that could hurt you or your company.

To ensure your interests are protected, it’s essential to have a business lawyer negotiate the contract on your behalf. Learn how an attorney can help.

How to Prepare for Contract Negotiations

It can be easy to space out when reviewing a contract. They can be long and use a lot of legalese that is hard to comprehend. However, it’s important to not just flip through the pages and sign the contract to get it off of your to-do list. Instead, you need to hire a business attorney and prepare to negotiate the terms of the contract. You can prepare for these negotiations by taking the following steps:

How an Attorney Can Help With Contract Negotiations

It’s essential to hire an attorney to negotiate the terms of contracts. You need someone with legal expertise to help you get the best terms possible with the contract. Trying to negotiate by yourself can result in you not getting the terms you want.

Some ways an attorney can help during negotiating contracts include:

Why Hire Us to Negotiate Contracts

When you need a business attorney, let the experts at Johnstone Adams LLC represent your company. We will protect your best interests in contracts.

To get started, complete our online form or contact us at 844-682-7682 or info@johnstoneadams.com .

ERISA Claims: Why You Need a Lawyer

Mon, 13 Jun 2022 15:58:00 GMT

ERISA – or the Employee Retirement Income Security Act – is a federal law that governs all private employer-provided employee benefit plans. This can include 401(k) plans, pension plans, profit-sharing plans, and more. If your business offers a retirement plan to your employees, then you’re likely aware that these can be very complicated. Because of this, it’s essential to get legal help to ensure your plan is being administered correctly. Employees are obviously very invested in their retirement plans and ensuring their benefits are calculated and distributed correctly. You need a legal expert on your side to ensure you are following the laws and have legal backing for any decisions you make regarding your employees’ plans.

If you think you can handle ERISA claims on your own, you might want to think again after looking at this list of ways an attorney can assist you and your business:

1. Companies must follow ERISA’s minimum eligibility, vesting, disclosure, and funding rules. It’s essential to know the ins-and-outs of these.

2. Certain fiduciary rules apply to trustees and others that manage and administer the plans. If the rules are violated, the fiduciary can be held personally responsible.

3. There are mandatory disclosures and claims procedures that the plans must follow.

4. Participants and beneficiaries can bring a civil suit against the company. If the participant is successful, the company may need to pay all legal fees and costs. An ERISA attorney can help defend you and your company against any claims and help you determine what evidence you need to provide to refute the claim.

5. If you deny a claim, your attorney can help you ensure you have the right to deny it, and also help defend your decision by finding the legal evidence to back it up. This can help you avoid litigation.

6. If an employee claims you inaccurately calculated their retirement plan or payments, you need an experienced lawyer to help you find the accusation and legal claim.

7. When you offer a severance package to an employee, a lawyer can help ensure it is fair and accurate. He or she can also help you ensure the benefits are clearly stated so there is no confusion later and the ex-employee cannot come back for additional payments or benefits.

8. Some employees might have complicated circumstances surrounding their plans. Instead of guessing how to proceed with their payments or benefits, it’s essential to hire an attorney. This can include if an employee is divorced and needs to determine what an ex-spouse has access to, if an employee needs to know what benefits are available for early retirement, and more.

9. Terminating an employee’s ERISA benefits can be tricky and will likely be met with objections from the employee. It’s important to have a legal expert on your side.

10. Make sure an attorney reviews QDROs to ensure they do not violate any terms of the plan.

Representing yourself against an employee’s claims against your company and your administration of their retirement accounts is not advisable. You can quickly find yourself in a legal battle that requires expertise to handle.

Contact Our ERISA Attorneys Today

When you need a business attorney, let the experts at Johnstone Adams LLC represent your company.

To get started, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com .

Applying for U.S. Citizenship: A Guide to Documents You Need

Mon, 13 Jun 2022 15:56:00 GMT

It’s no secret that the process of obtaining U.S. citizenship can be long and complicated. What you might not be expecting is the amount of paperwork you need to submit. The N-400 application for naturalization requires a number of supporting documents – that all need to be submitted accurately to have your application reviewed.

Take a closer look at the list of documents you may need to submit with your N-400 application when applying for U.S. citizenship.

What To Send With Your N-400 Application

First, before you get into the nitty-gritty of your naturalization application, you need to submit three items with your form.

Required Documentation

After gathering those initial items, you will then need to send additional documentation. The number of supporting documents you need to submit when applying for U.S. citizenship will vary by case, depending on your particular circumstances. Some potential documents you will need to provide include:

– Form N-426, Request for Certification of Military or Naval Service (if applying for naturalization based on military service) – DD Form 214, NGB Form 22, or discharge orders (if applying for naturalization based on military service and separated from service)

– If you took a trip outside of the U.S. for more than six months, you need to submit proof that you continued to live, work, or keep ties to the U.S. Some documents you can provide include:

Why You Need an Immigration Attorney

As you can see, there is a lot of information required to even start applying for U.S. citizenship. You need an attorney to help you determine what documents to submit, and how to get them. A lawyer can also help you complete the necessary forms.

Why Hire Us When Applying for U.S. Citizenship

When you are applying for U.S. citizenship and need an immigration lawyer, let the experts at Johnstone Adams LLC represent you .

To get started, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com .

How an Attorney Can Help Your Business with Immigration Paperwork

Tue, 07 Jun 2022 23:53:00 GMT

Many U.S. businesses rely on employing foreign nationals, or immigrant workers, and this relationship is beneficial for both parties. There is a litany of documents required to complete, let alone streamline, the immigration aspect during the hiring process. Our business immigration lawyers understand the nuances of Immigration Law and know how to compile the necessary paperwork to ensure your company continues to run smoothly.

Johnstone Adams can assist you in many immigration matters, including:

· Acquiring visas

· Completing I-9 forms

· Compliance with laws, time limits, and regulations

· Verifying the accuracy of all documents

· Obtaining EB-1, EB-2, EB-3, H, and L employment visas

· PERM labor certification

· Auditing for employment eligibility

· Applying for an extreme hardship waiver or Deferred Action for Childhood Arrivals

Our attorneys have counseled many clients through this process and are members of the American Immigration Lawyers Association.

Business Immigration Basics

The Immigration and Nationality Act (INA) offers many ways for foreign nationals to seek and obtain a temporary or permanent residency in the United States. If a foreign national meets INA eligibility requirements and related regulations, they can apply for a “green card,” or permanent resident status, or a “work visa,” for temporary residency. The number of people who may receive U.S. residency is limited to a capped amount

per nation and a preferred category (such as their profession). The intricacies of these laws, regulations, and required paperwork and documentation are why there are significant delays in the process.

Your business and the worker(s) must fulfill the eligibility and evidentiary requirements for the appropriate section. The employment-based categories outlined in U.S. Immigration Law fall into three main sections, and employer sponsorship is often needed.

1. EB-1: Individuals who display extraordinary talents and skills in specific sectors, including science, education, athletics, arts, or business. These foreign nationals may be Olympians, Pulitzer Prize winners, and other award winners. EB-1 is reserved for priority workers, and it is challenging to achieve approval in this category. However, these highly esteemed people don’t need a job offer to apply for residency.

2. EB-2: Individuals who hold advanced degrees or the foreign equivalent and exhibit outstanding abilities in their profession. An employer must submit a formal job offer to enter the U.S. under EB-2. Doctors, engineers, and business leaders are a few occupations under this category.

3. EB-3: Individuals with at least five years of experience in the industry and hold a Bachelor’s degree, at minimum. This category sees a much higher number of applications than EB-1 and EB-2 due to fewer requirements and typically sees a long waiting period due to the volume. EB-3 focuses on skilled workers, professionals, and other employees that do not fit under the umbrella of another category.

Some stipulations require the employer to prove that qualified U.S. citizens or existing permanent residents with the necessary skills are unavailable for the offered position. This regulation ensures that a larger applicant pool does not negatively affect American employment opportunities.

How to Start the Application Process for Employment-Based Permanent Visas

If your business has not hired a foreign national before, you may feel overwhelmed by the available information and the process ahead. Our lawyers can guide you through the steps and ensure a successful outcome.

The first move is determining the preference category that is most appropriate for the individual you’d like to hire. They may fall into several categories, and our immigration attorneys will discuss the benefits of each option. You may have to go through labor certification and additional documents—there are many forms required, and our lawyers know all of the boxes to check to move you and your company forward.

Contact Johnstone Adams in Mobile, Alabama, to discuss your business immigration options today at (844) 682-7682 or by using our convenient online form.

How to Overcome Pandemic-Related Estate Planning Problems

Tue, 07 Jun 2022 23:52:00 GMT

The global health crisis created by the coronavirus pandemic continues for the third year, and it has taught us many important lessons on being prepared and protecting ourselves and our loved ones. Estate planning involves more than your financial directives should you pass away. Your estate plan includes an advanced health care directive, power of attorney, and other documents that ensure your wishes are followed if you become incapacitated due to coronavirus, another illness, or sudden injury.

The pandemic has taught us the importance of crisis management and preparing for the worst-case possibilities. You’re never too old or too young to create your estate plan, and it’s essential to update these documents regularly so the right person is listed in a health care emergency. Estate planning requires much more than simply telling your family and friends what you want in the event of a tragedy. Someone may not agree

with your wishes and complicate the process by challenging your health care choices. Without a thorough estate plan, loved ones may ignore your end-of-life wishes and financial decisions.

Our estate attorneys at Johnstone Adams have helped many of our clients compile and complete these documents so they can have peace of mind during these uncertain times.

Advanced Health Care Directive

An advanced health care directive is a critical document that becomes more important as you get older and develop health concerns, but the pandemic has shown us that illnesses can strike you at any time. This is a written plan that explicitly outlines your wishes if there comes a time when you’re unable to speak for yourself.

As you build this plan, talk with your doctor about your medical history, family medical history, and how your current health conditions may impact you in the future. Think over the various treatments you may or may not want, such as blood transfusions. Once you’ve determined your desires for the possible situations, update the plan regularly to reflect changes in your health. Review your advanced health care directive with your doctor, and the loved one you’ve chosen to execute your wishes. This person is your health care proxy, and they need a copy of the document as well.

Our attorneys will make sure your forms are filled out correctly, and each party has a copy. You should keep an ongoing record of who has a copy of your advanced health care directive and store yours in an easily accessible place. Some people carry a card stating you have this document and where to find it or with whom.

The Financial Aspect of Your Estate Plan – Power of Attorney

Your estate plan will also include naming a financial power of attorney to handle your finances if you’re limited by illness or injury. This document can grant full or limited access to control your financial accounts, such as selling stocks or real estate. You may choose a spouse, sibling, close friend, or adult child. This document can be “springing” which means it will not be effective until two (2) physicians declare you incapacitated, or it can be “non-springing” which means it is effective upon execution.

Contact Johnstone Adams About Your Estate Planning Needs

Now is the time to get your affairs in order. Contact our estate attorneys in Mobile, Alabama, today by calling (844) 682-7682 or by using our online form to discuss estate planning.

3 Reasons Why You Need a Real Estate Attorney for Your New Build

Tue, 07 Jun 2022 23:52:00 GMT

Purchasing property and growing your business with a new commercial build is a massive undertaking. There are countless moving parts throughout this process, and you need a real estate attorney to handle the many details while you focus on making your vision come true for your company.

Johnstone Adams handles real estate transactions on a weekly basis. We’ve helped buyers and sellers of multi-million-dollar properties and can help you through zoning challenges and work with the city council to ensure any issues that arise are dealt with swiftly and don’t interfere with the timeline of your new build. We routinely assist clients in developing and constructing shopping centers, office buildings, and apartments and understand how to keep the ball moving toward your goals.

Some of the reasons you need a real estate attorney throughout construction include:

1. We can save you time.

As a business owner, you have limited free time to make sure all T’s and I’s are crossed and dotted. A real estate attorney can safeguard your interests. WE will do our due diligence to make sure contractual obligations are followed and ask the right questions to avoid costly manufacturing mishaps so that you can focus on your company.

Our attorneys will make sure all contracts are clear and straightforward for both parties. If any of these contracts are breached due to delays or failure to deliver, we can handle the dispute and make sure we reach a beneficial outcome for you.

If any wetland, water run-off, or environmental protection problems come up, we can handle these issues on your behalf to save you time. We can protect you from issues by negotiating procedures to follow if a deal falls through or hidden structural or environmental problems arise.

Our goal is to keep your new build on target for completion.

2. We make sure all deals are legitimate, and pricing is within range.

Our attorneys will ensure the price for the land and services involved in building your new complex is legitimate and make sure you won’t be saddled with more taxes or payments than necessary. We check for any liens or concerns with the property on which you’re building and protect you from construction defects. All aspects of your contracts are up for negotiations when you construct a new place of business. Unlike your realtor, we’re not making a commission on the purchase of the property. We will make sure the prices involved, and the contracts are legitimate.

3. We can help you navigate zoning laws.

Zoning laws can be a cumbersome part of the building process. Our real estate attorneys in Mobile understand the zoning laws throughout the region, and we have worked with the city council and zoning commission to enact zoning changes for many of our clients. We can go through the development options for your property and ensure zoning challenges won’t create unexpected challenges.

Other Benefits of a Real Estate Attorney

Outside of helping you through the building process, our real estate attorneys can help you with new construction agreements that ensure your rights should you decide to sell. We can help you through lease agreements with any persons or businesses you plan to have as tenants in your new facility. Should a government entity try to claim eminent domain on your commercial property, we can be an invaluable asset to ensure your interests.

In the event of commercial lease disputes should you have tenants in your new build, we can make sure your rights are preserved and either negotiate terms or pursue litigation.

Contact Johnstone Adams in Mobile About Your New Build

If you’re considering building a new property or have already started the process, Johnstone Adams can help streamline the legal aspects to help you move forward with your vision for the future of your business.

Contact our skilled and experienced team of lawyers in Mobile, Alabama, today at (844) 682-7682 or by using our convenient online form.

When Do You Need a Lawyer for Breach of Contract Disputes?

Tue, 07 Jun 2022 23:51:00 GMT

A breach of contract dispute is not something any of us want to think about. When you enter into an agreement with another business person or entity, there’s an expectation that both parties will perform their duties or provide the goods and services outlined in the contract. Ideally, both sides benefit from the business contract and are pleased with the outcome. Unfortunately, people and companies fail to follow through with their side of a contract regularly due to financial issues, delays, and unexpected problems.

If someone you made a contractual agreement with breached the terms of the contract (whether on purpose or accidental), you may need to take legal action to recover monies paid to the other party and prevent further damages. At Johnstone Adams, our business attorneys know how to help your business navigate the torrential waters of contract disputes. We will fight on your behalf through litigation to safeguard your business if necessary.

What Is a Breach of Contract?

A business contract clearly states the obligations that both parties must fulfill when the agreement is signed. When one party fails to hold up their end of the deal, they are in breach of the contract, which may involve failure to deliver goods or services on time or in accordance with the contract terms. They may neglect to perform their contractual duties altogether. Legally, this breach of contract may be a material or immaterial breach, depending on the situation.

An example of a breach of contract would be a businessperson who orders “X” amount of goods from another business, such as meat for a restaurant for delivery on a specified Monday. If the goods are delivered on Tuesday, the breach of contract is immaterial as the business is unlikely to suffer monetary damages due to the violation. However, if the restaurant owner was catering for a large event on Monday evening and outlined the urgency in the contract, the breach is considered material because it significantly impacted the restaurant owner’s business. They can pursue legal action against the other party to recover damages such as the cost of the meat and additional monies.

The solution to the breach of contract dispute may include damages, cancellation and restitution, or in rare cases, specific performance . Damages may involve compensatory damages that reimburse your losses in addition to punitive damages meant to deter the wrongful party from such actions in the future. Nominal damages may be awarded if the breach of contract caused no monetary losses. Sometimes, the agreement will outline the steps to take should the contract be breached, called liquidated damages.

When to Sue for Breach of Contract?

While some situations may be reasonably handled between the two parties in the agreement, you may find yourself dealing with a business person or entity who is aggressive in their tactics or who neglects to communicate with you at all, leaving unanswered phone calls and emails.

You should consult with an attorney about a breach of contract that deals with multiple businesses and monetary losses due to delayed delivery, missing inventory, or other circumstances that do not have a straightforward solution that both parties agree will suffice.

Breach of contract disputes can be complicated despite the clear nature of the agreement. Our business attorneys at Johnstone Adams can help you file and pursue a lawsuit against the other party to find a legal remedy for the situation and any damages your business incurred in the process.

Our expert lawyers in Mobile, Alabama, know how to represent your best interests and pursue a breach of contract lawsuit against the party that failed to honor their contractual obligations.

If you’re struggling with a breach of contract dispute, contact Johnstone Adams today by calling (844) 682-7682 or by using our convenient online form .

Alabama Act #2021-4 (COVID Immunity Statute)

Wed, 17 Feb 2021 21:13:00 GMT

Employment Law Alert – Possible Extension/Expansion of Mandatory Paid FFCRA Leave

Tue, 19 Jan 2021 14:50:00 GMT

By: Celia J. Collins

Congress allowed mandatory FFCRA leave to expire on December 31, 2020 but extended the payroll tax credits for employers covered by the Act who voluntarily continued providing the leave in compliance with the language of the FFCRA through March 30, 2021. One component of Biden’s American Rescue Plan is to re-institute and extend mandatory paid sick leave and emergency FMLA under the FFCRA until September 30, 2021. He would also propose expanding it to cover all employers including those with more than 500 employees. Pursuant to the proposal, employers with less than 500 employees would continue to be eligible for the payroll tax credit to cover FFCRA leave paid. Employers with more than 500 would not be entitled to the credit. Unlike the 2020 Act, state and local governmental employers would be entitled to the credit. The leave would be for the same COVID related absences as last year’s Act, but would also cover absences to obtain a vaccine or recover from symptoms from the vaccine. The new proposal would not allow employers to exempt health care workers and first responders from eligibility for the leave. It would also remove the allowed exemption for certain employers with less than 50 employees. There is already talk of splitting up the parts of the Biden plan and considering them in separate components. It is likely that this proposal would be in early consideration by Congress. Whether or not it passes or in what final form it might pass remains to be seen. If it does pass expect a very short time between the passage and effective date – last year it was less than 2 weeks.

DACA Reinstated and Order Prevents IFR

Fri, 11 Dec 2020 17:46:00 GMT

Johnstone Adams Ranked in 2021 “Best Law Firms”

Thu, 19 Nov 2020 19:39:00 GMT

CDC Orders Temporary Halt To Residential Evictions Nationwide

Thu, 10 Sep 2020 19:09:00 GMT

Extension of Foreclosure and Eviction Moratorium

Mon, 22 Jun 2020 13:55:00 GMT

DHS Extends Form I-9 Requirement Flexibility

Fri, 19 Jun 2020 18:17:00 GMT

Johnstone Adams Newsletter – April 2020

Wed, 22 Apr 2020 17:02:00 GMT

DHS Announced Flexibility in Complying with Requirements Related to Employment Eligibility Verification

Mon, 13 Apr 2020 14:38:00 GMT

UPDATE: Statewide Eviction/Foreclosure Prohibition

Mon, 06 Apr 2020 20:23:00 GMT

By: Tracy Turner

We have been following the eviction moratoriums put in place during the COVID-19
pandemic and last week we put a note on our web page due to the impact of the 120 day eviction
moratorium put in place under the CARES Act for any person on a government program or a
facility that was funded by a government loan such as VA, FHA, Fannie Mae or Freddie Mac.
Until Friday, there were no official eviction moratoriums in place in the State of Alabama.
Certain Alabama Sheriffs were refusing to execute writs of possession, but otherwise there was
no state-wide prohibition. That all came to an end Friday afternoon when Governor Ivey issued
a Proclamation granting protection against evictions for the entire State of Alabama.
Unlike the Federal moratoriums put in place, Governor Ivey’s Order (copy attached) does
not prevent the filing of evictions or foreclosures, nor does it prevent the application for a writ of
possession. What the Order does is prohibit State, County and Local Law Enforcement Officers
from serving the writ of possession to displace any person from their residence for the duration
of the public health emergency. As such, it is open-ended with no specific end date.
Considering the Governor’s Proclamation, for those people who are not prohibited by
President Trump’s March 18, 2020 Order, or the CARES Act 120 day eviction moratorium
beginning on March 27, 2020, you may still file for and receive an eviction Order and ask for a
writ of possession, but it will not be issued and the tenant will not be set out, if they don’t
voluntarily leave, until the Governor lifts her Proclamation, whenever that may be.

WHERE DO LANDLORDS STAND IN ALL OF THIS?

Wed, 01 Apr 2020 16:27:00 GMT

Written by: Attorney Tracy Turner

Much has been written about the effects of COVID-19 on renters and homeowners concerning foreclosures and evictions, but nothing has been written about the small business owners who are the landlords for these people. Many of these small business owners themselves have mortgages on their properties. For those small businesses whose properties, whether apartments or single-family residences or duplexes, financed through HUD, FHA, Fannie Mae or Freddie Mac, back on March 18, 2020 President Trump announced a two-month moratorium on evictions and foreclosures going through the end of April, thus, small business owner/landlords with these types of financing cannot evict or foreclose on their tenants or homeowners. As such, they must look to the Federal Government for help provided small businesses under the CARES Act.

Speaking of the CARES Act, it also places a moratorium for one hundred twenty (120) days beginning March 27, 2020 on not only evictions for “covered properties,” but also prohibits the assessment of a late fee against the tenant during this same period. A landlord with such a covered property cannot even issue a notice to vacate until thirty (30) days after the one hundred twenty (120) day moratorium ends.

For other landlords in Alabama, the Court system is still open for evictions and foreclosures but certain Sheriffs in Alabama, specifically Jefferson, Montgomery and Madison County, have refused to execute writs of possession issued by the Courts, thus failing to fulfill their constitutional oath and duties. Similarly, some Judges in Alabama have stated that they would not issue judgments for eviction or foreclosure, even if all of the paperwork was timely and properly filed.

At this time, no Judges in Mobile County nor the Mobile County Sheriff’s Department has refused to conduct move-outs pursuant to lawfully issued writs of possession or failed to enter an Order on properly supported motions for eviction. Nevertheless, for those instances where the tenant files an answer, even in Mobile County, the landlord is in limbo since the Alabama Supreme Court has suspended all trials through April 30 ^th , and one can only postulate this will be extended well into May considering the continued expansion of COVID-19 cases. It may well be June before a landlord gets a trial date on an eviction where the tenant will have paid no rent in many cases since February or before.

At this time, Governor Ivey has not issued a state-wide prohibition on evictions and foreclosures. However, the Governor has not ruled out doing so if COVID-19 experience in Alabama gets any worse.

Considering the situation, if a landlord has someone who is more than a couple of months behind on their rent, and a proper seven (7) business day notice has been provided, it may very well be in their best interest to move forward with filing the eviction as soon as possible before a moratorium is put in place by the Governor. Doing so, might assist the landlord in later being paid by the tenant if, in fact, the tenant receives stimulus money from the government under the CARES Act before trials are re-instituted in May or June. If a landlord needs advice on these issues, myself and the attorneys at Johnstone Adams, LLC will be happy to assist.

FAMILY FIRST CORONAVIRUS RESPONSE ACT

Fri, 20 Mar 2020 17:47:00 GMT

Cliff Notes

By: Celia J. Collins

Effective Date 4/2/2020 (expires 12/31/2020)

EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT

Employer

Eligible Employees

Qualifying Condition

Unable to work or telework due to need for leave to care for a son or daughter because daycare or school is closed, or care provider is unavailable due to COVID issues. (Provider defined as caregiver who is regularly compensated so would not apply to Grandparents or other babysitters who are not paid for their services.)

Benefits

First 10 days unpaid, after 10 days 2/3 regular rate up to $200 per day.

Return to Work

Employee must be returned to prior position. (exception for Employers with less than 25 employees if employee’s position eliminated due to situation and reasonable efforts to offer equivalent position fail. Must make reasonable efforts to contact employee if equivalent position becomes available within 12 months.)

Liability

Same as FMLA but Employers with less than 50 employees are exempt from civil actions for violations.

EMERGENCY PAID SICK LEAVE ACT

Covered Employers

Eligible Employees

Qualifying Conditions

Unable to work or telework because:

Exclusions

Employer of healthcare providers or emergency responders may exclude those employees.

Benefits

Notice Posting Requirement

Employers must post Department of Labor approved notice to be published by Department of Labor 7 days after enactment (March 25, 2020.)

Retaliation

Employee who takes leave under Act or files a complaint relating to act is protected from retaliation.

Liability

Liability for failure to comply or wrongful termination – same as FLSA, double damages for willful conduct and attorney fees.

Alabama Unemployment Changes – COVID-19

Wed, 18 Mar 2020 19:42:00 GMT

By: Celia Collins

Chair of the Employment & Labor Department

The Alabama Department of Labor announced Monday that it has temporarily eased qualifying criteria to allow individuals off work due to COVID issues to immediately receive unemployment benefits. Qualifying reasons include furlough, quarantine by medical professional or government agency (not applicable to self-quarantine), sent home without pay due to employer COVID concerns, diagnosed with COVID or caring for a family member diagnosed with COVID.

The requirement that the individual be ready, willing and able to work and actively seeking employment is waived. There is no waiting period. Claims can be filed beginning March 23, 2020.

Employees receiving paid leave, sick pay or vacation pay during a COVID related absence are not eligible for unemployment benefits.

Appeals Court Refuses to Lift Injunction on Public Charge Rule

Tue, 21 Jan 2020 16:31:00 GMT

A panel of federal judges has denied a request to lift the injunction on the implementation of the public charge rule while the a lawsuit over the rule plays out in court. Under the new rule, announced in August, an immigrant would be considered a public charge — essentially dependent on government aid and, therefore, inadmissible — if he or she received at least one public benefit for more than 12 months within any three-year period, among other things. The new rule also authorizes DHS to conduct a more thorough and burdensome examination of the immigrant and his or her sponsor’s financial history, health, and education. The net result of the rule, if implemented, would be to increase the burden on most immigrants and increase the number of application denials on public charge grounds.

DHS to Review State Laws Issuing Driver’s Licenses to Undocumented Immigrants

Tue, 14 Jan 2020 17:21:00 GMT

Acting Homeland Security Secretary Chad Wolf has ordered a review of state laws that allow undocumented aliens to obtain driver’s licenses and restrict data-sharing with Federal immigration authorities. Wolf’s memo follows the enactment in December 2019 of New York’s “ Green Light ” law, which authorized the grant of licenses for undocumented immigrants, among other things. Similar laws exist in a dozen other states. The Trump Administration has clearly indicated its disdain for such laws and is studying them at present, likely looking for an avenue to challenge their enforceability.

DHS Proposes Additional Mandatory Bars to Asylum

Tue, 07 Jan 2020 15:46:00 GMT

The Department of Homeland Security has proposed seven new bars to asylum in addition to those already existing (e.g., serious crimes, security threats, terrorism, etc.) under the Immigration and Naturalization Act. The proposed rule would bar asylum for aliens who are convicted of :

The proposed rule not only adds to the list of offenses, it would also remove the requirement to conduct a second review in cases where an immigration judge issues a discretionary denial of the application. The net result of the rule, if it goes into effect, will be fewer aliens with criminal records being eligible for asylum. Comments on the rule are due January 21, 2020, so stand-by for further updates.

Medical Marijuana Update

Fri, 03 Jan 2020 11:26:00 GMT

During the 2019 legislative session, the Alabama Senate passed a bill legalizing medical marijuana in the state. The Alabama House was reluctant to approve the new law without additional research and through compromise a joint proposal was reached establishing a medical marijuana study commission to research the issue, collect expert and public opinion and review the laws of states which have already legalized medical marijuana. The compromise bill was signed into law by the Governor in June and the commission was given 6 months to accomplish their task and present a report and proposed legislation to the legislature. The report and draft bill were submitted on December 20 and recommended the legalization of marijuana for certain medical conditions under the strong regulation of a new agency, the Alabama Cannabis Commission. The 72 page proposed bill will be introduced in the upcoming legislative section.

Of interest to Alabama Employers is that the proposed bill allows Employers to refuse to permit or accommodate the possession or use of medical cannabis or modify job duties to accommodate use. It expressly allows Employers to refuse to hire or discipline an employee because of possession or use of medical marijuana and allows Employers to establish and enforce drug testing policies and drug free workplace programs. Finally, the proposed bill provides that employees suffering a work injury while using medical cannabis are ineligible for worker’s compensation benefits if the injury was caused by the employee’s action or inaction.

Whether this bill passes in the upcoming months or a revised bill remains to be seen. Stay tuned.

By: Attorney Celia Collins

Happy New Year!

Tue, 31 Dec 2019 08:49:00 GMT

[et_pb_section admin_label=”section”] [et_pb_row admin_label=”row”] [et_pb_column type=”4_4″][et_pb_text admin_label=”Text”]As 2019 comes to an end, and a new decade approaches, we would like to take the time to reflect and express our gratitude to everyone who has helped make this year so special. It is truly a privilege to have such great friends and clients that make our...

Happy Holidays!

Tue, 24 Dec 2019 10:50:00 GMT

Johnstone Adams wishes you all very happy holiday season and new year!

Proposed USCIS Rules Increase Financial Burden on Immigrants

Tue, 17 Dec 2019 14:50:00 GMT

Two new proposed immigration regulations would profoundly affect employers, international students, H-1B and L-1 visa holders, EB-5 investors, asylum seekers, and others. The first rule would make changes to the USCIS fee schedule. In this rule, DHS proposed to adjust USCIS fees by a weighted average increase of 21 percent, add new fees, and make other changes, including form changes and the introduction of several new forms. The second would make multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. These new DHS proposed rules will place additional burdens on employers seeking to sponsor nonimmigrant and immigrant workers and those seeking asylum. More information is available via the follow links on the proposed fee rule and the proposed rule regarding asylum employment authorizations .

Reasonable Suspicion Required to Search Electronic Devices at Border

Tue, 10 Dec 2019 05:09:00 GMT

Border agents no longer have complete discretion to search your phone and computer at the border. They now need to have reasons for suspicion of unlawful intent before demanding to search electronics. On November 12, 2019, U.S. District Judge Denise Casper said there must be a reasonable suspicion that the devices contain contraband — such as child pornography or classified information — before the search. The ruling , however, did not go so far as to require warrants for searches of electronic devices, but the Judge concluded that the border search exception to the Fourth Amendment does not give CBP officers an unfettered ability to search electronic devices. Casper said she was requiring reasonable suspicion, rather than a warrant justified by probable cause, because travelers have a reduced expectation of privacy at the border and the government has an interest in maintaining “territorial integrity.”

The number of electronic device searches at U.S. ports of entry has recently increased significantly. Last year, CBP conducted more than 33,000 searches, almost four times the number from just three years prior. This new ruling is a major victory for privacy rights.

Poland Designated as a Visa Waiver Program Country

Mon, 02 Dec 2019 05:00:00 GMT

Great news for Polish nationals. Acting Secretary of Homeland Security Kevin K. McAleenan, in coordination with Secretary of State Mike Pompeo, designated Poland into the Visa Waiver Program (VWP) . Effective November 11, 2019, Polish nationals may travel to the United States without a visa, using only their Polish passports and an approved ESTA. Poland joins thirty-eight countries currently participating in the Visa Waiver Program . The DHS announcement states, “This designation demonstrates the strong partnership and cooperation between the United States and Poland, its trusted partner. The Visa Waiver Program will expand cultural ties and strengthen the economy of both nations by encouraging tourism and business exchanges.”

USCIS Implements $10 Fee for H-1B Employer Registration

Tue, 26 Nov 2019 23:29:00 GMT

On November 7, 2019, USCIS announced a Final Rule that requires employers seeking to submit petitions to employ H-1B workers to pay a registration fee of $10. The fee is non-refundable. The Final Rule will become effective on December 9, 2019, and will be in place for the fiscal year 2021 H-1B cap selection process. Further details on its implementation and the implementation of the new electronic registration system will be forthcoming from USCIS at a later date.

DHS Proposing to Charge Fees for Asylum Applications

Tue, 19 Nov 2019 05:18:00 GMT

According to DHS briefing documents obtained by BuzzFeed News , USCIS is planning to publish proposed Federal regulations in January 2020 modifying the fee structure for certain immigration benefits. Most notably, USCIS is allegedly proposing to charge $50 for asylum applications and an unspecified additional amount for Deferred Action for Childhood Arrivals (DACA) renewals . Fees would also be added to asylum-based work authorization documents. In addition to the new fees, USCIS is purportedly going to further restrict the use of fee waivers .

These are but the latest tactics of the Trump Administration to make immigration inaccessible to a large swath of the population. Of note, the United States would become one of only four countries in the world to charge for asylum applications.

DHS Extends Work Authorization for Salvadorans with TPS to January 2021

Tue, 12 Nov 2019 05:19:00 GMT

DHS has announced that it is extending the validity of work permits to Salvadorans with Temporary Protected Status (TPS) through January 4, 2021. In 2018, the Trump Administration announced it was planning to end TPS for Salvadorans, but Federal litigation has thus far stalled its efforts. On October 28, 2019, DHS announced that it has reached agreements with El Salvador that will allow for more orderly repatriation of its nationals. TPS for Salvadorans was to expire on January 2, 2020.

DOS Places Hold on Public Charge Rule Implementation

Tue, 05 Nov 2019 05:16:00 GMT

While it has been widely reported that a preliminary injunction has prevented implementation of the new public charge rule at USCIS, some may not be aware that the U.S. Department of State is planning to implement a similar rule. The Interim Final Rule went into effect on October 15, 2019. However, DOS has stated that it will not implement the Interim Final Rule until a new Form DS-5540 is published. The Foreign Affairs Manual has also not yet been updated. For now, applicants and practitioners continue to proceed under the traditional “public charge” framework.

Court Temporarily Halts Immigrant Health Insurance Requirement

Mon, 04 Nov 2019 15:28:00 GMT

On November 3, 2019, a Federal judge in Oregon issued a preliminary injunction halting the implementation of President Trump’s Presidential Proclamation preventing the entry of immigrants “who will financially burden the United States healthcare system.” The rule was set to become effective on November 3, 2019. Ultimately, the court will decide, after a trial on the merits, whether the rule will be allowed to take effect.

For a more complete discussion of the Presidential Proclamation itself, see this earlier entry .

DHS Announces Plan to Request Social Media Info from Immigrants

Tue, 29 Oct 2019 05:51:00 GMT

The U.S. Department of Homeland Security plans to request information from immigrants as to their social media accounts and activities over the last five (5) years. DHS published a notice in the Federal Register of its plans.

DHS’s stated goal is to gather information on immigrants to determine whether they pose a law enforcement or national security risk to the United States. In practice, many are concerned that this will be yet one more discretionary tool that immigration officers can use to deny otherwise qualified applicants and impinge on the right of free speech. This has already begun happening at the consular level, and Customs and Border Protection has already faced accusations of using social media as a pretext for denying qualified immigrants and nonimmigrants entry into the United States.

USCIS Updates Policy Manual to Replace Use of “Foreign National”

Tue, 22 Oct 2019 05:28:00 GMT

Despite being understaffed, overworked, and backlogged at historical rates , USCIS has found time to update its Policy Manual to change all references of “foreign national” to “alien.” This change is widely viewed as unnecessary and intended to further stoke anti-immigrant sentiment, as “alien” is seen by many to be an offensive term. For that reason, the Library of Congress has already stricken “illegal alien” as a subject heading , and California has likewise removed the term from its Labor Code .

Trump Proclaims Immigrants Must Have Health Insurance to Enter

Tue, 15 Oct 2019 05:38:00 GMT

On October 4, 2019, President Trump issued a Presidential Proclamation that purports to prevent the entry of immigrants “who will financially burden the United States healthcare system.” The President has unilaterally decided, without Congressional approval, that an immigrant will financially burden the United States healthcare system “unless the alien will be covered by approved health insurance . . . within 30 days of the alien’s entry into the United States, or unless the alien possesses the financial resources to pay for reasonably foreseeable medical costs.”

“Approved health insurance” includes coverage under employer-sponsored plans, unsubsidized State-level health plans, short-term health policies, catastrophic plans, a family member’s plan, TRICARE, Medicare, or several other specific types of plans. Exceptions exist for certain categories of immigrants.

Trump’s proclamation adds yet another layer of discretion to the immigration system, granting consular officers broad authority to deny otherwise qualified intending immigrants from entering the United States. It remains to be seen if this proclamation will face legal challenges, but one would think it likely. If not legally prevented, the Proclamation will go into effect on November 3, 2019.

Federal Judge Grants Nationwide Preliminary Injunction of Public Charge Rule

Fri, 11 Oct 2019 19:14:00 GMT

On Friday, October 11, 2019, a Federal judge for the Southern District of New York granted a request for a nationwide preliminary injunction of the new Public Charge Rule set to go into effect on Tuesday, October 15, 2019 . In short, this injunction is temporary in nature and prevents the Public Charge Rule from being implemented until either the case is tried on its merits or the preliminary injunction is appealed and reversed. In either event, it is a temporary win for immigrants seeking to adjust status in the United States to that of lawful permanent residents.

USCIS released new editions of the forms required to be submitted by adjustment applicants only this last Wednesday evening, less than a week before their usage would have been required. The new rule is set to shift the public charge analysis to the immigrant’s financial profile rather than that of the sponsor. In addition to a new, onerous form ( Form I-944 ), USCIS was set to place heavy documentation burdens on the financial affairs of immigrants and sponsors.

Lawsuit Claims Federal Agents Are Using Marriage Interviews as an Immigration Trap

Tue, 08 Oct 2019 05:03:00 GMT

There are six couples involved in a class action lawsuit accusing Federal agents of luring families to marriage interviews in Baltimore, Maryland, only to detain the immigrant spouse and place him or her in removal proceedings. Historical practice has been for USCIS to permit these interviews to occur without fear of arrest because there is an understanding that the immigrants are attempting to follow the law and qualify for available, legal relief. Unfortunately, it appears that USCIS is no longer honoring this practice.

Federal regulations allow U.S. citizens to try to legalize the status of spouses who have been living in the country without authorization, usually through a waiver process that involves detailing how removal of the immigrant will result in extreme hardship to a qualifying relative (e.g., a U.S. citizen spouse). Records show that USCIS has approved 23,253 provisional unlawful presence waivers ( Form I-601A )

But, the American Civil Liberties Union says a growing number of immigration officers have “cruelly twisted” the rules by detaining immigrant spouses following interviews for marriage-based visas. The ACLU is pursuing a similar complaint in Massachusetts and says dozens of detentions also have happened at field offices in New York, Virginia, Florida, Illinois, and California.

USCIS Opts to Keep Some International Field Offices Open

Tue, 24 Sep 2019 05:13:00 GMT

After earlier stating that it would close all international field offices , USCIS has announced that it will maintain operations in Beijing, Guangzhou, Nairobi, New Delhi, Guatemala City, Mexico City, and San Salvador. The thirteen (13) remaining international field offices will still close by August 2020. The first planned closures will begin at the end of September 2019.

USCIS Proposes New H-1B Registration Fee

Tue, 17 Sep 2019 05:38:00 GMT

On September 4, 2019, USCIS published a Notice of Proposed Rulemaking that requires employers submitting cap-subject H-1B visa applications to register in advance and pay a $10.00 fee for each such registration. The Notice also included screenshots that seem to indicate USCIS will accept debit, credit, or ACH. The public may comment on the proposed rule for 30 days.

This rule is a follow-up to the January 31, 2019 final rule amending H-1B regulations to require employers to electronically register with USCIS in advance of the H-1B selection process. If an employer’s registration is selected, only then can it submit a full H-1B application.

At this time, USCIS has not yet announced whether the electronic filing system will be utilized for the upcoming H-1B filing season in April 2020.

U.S. Extends TPS Designation for Syria

Tue, 10 Sep 2019 04:47:00 GMT

On August 1, 2019, Acting Secretary of the Department of Homeland Security Kevin McAleenan announced the extension of the Temporary Protected Status (TPS) designation for Syria for an additional eighteen (18) months. Current TPS beneficiaries should re-register for TPS, and work authorization will be extended through March 31, 2021.

U.S. Reaches Safe Third Country Agreement with Guatemala

Tue, 03 Sep 2019 05:36:00 GMT

As originally reported in June , the United States has been exploring a safe third country agreement with Guatemala. Such an agreement would prevent asylum-seekers from passing through Guatemala to the United States without first seeking asylum in Guatemala. At the time, though, it appeared that the deal had hit a snag and was unlikely to proceed.

Despite general skepticism of its feasibility given the political climate in Guatemala and legal rulings that prevent its president from signing, the United States announced on July 26, 2019 , that it had, in fact, reached a safe third country agreement. The agreement is expected to go into effect in August 2019.

Acting USCIS Director Attempts to Change Legal Standard for Asylum by Memo

Tue, 27 Aug 2019 05:34:00 GMT

On July 26, 2019, Acting USCIS Director Kenneth Cuccinelli issued a memorandum to USCIS asylum officers, who are charged with interviewing asylum applicants and determining the merits of their cases. In this memo, he instructed the asylum officers to ask additional questions of the applicant in order to determine whether internal relocation within the applicant’s home country is “possible.” Under the applicable regulation , an applicant need only establish that internal relocation is not “reasonable.”

There is a world of difference between relocation being reasonable and it being possible. The Administration continues to play fast and loose with the law when it comes to immigration, and in this case, it is clearly to the great detriment of asylum applicants, as the Administration intended.

USCIS Finding New Ways to Create Delays

Tue, 20 Aug 2019 05:02:00 GMT

The massive backlog of petitions filed with USCIS has been documented extensively and led to Congressional committee hearings and an investigation by the U.S. Government Accountability Office . Despite these facts, USCIS is now finding new, creative ways to delay adjudicating petitions.

In March 2019, USCIS announced a revised Form I-539, Application to Extend/Change Nonimmigrant Status and published a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status . With these revisions came a new biometrics requirement for applicants. Because it often takes three weeks to process biometrics, USCIS announced that it would no longer extend premium processing (i.e., processing in 15 days) to Form I-539s filed with Form I-129s , which are generally eligible for premium processing. Customarily, if the two forms were filed together and premium processing was selected, both would be adjudicated within the 15-day processing window as a courtesy. As a result of this new policy, though, Form I-539 applicants may be waiting for a decision considerably longer than I-129 applicants filing concurrently.

Facial Recognition Software Poses Threat to Undocumented Immigrants

Tue, 13 Aug 2019 05:01:00 GMT

On July 7, 2019, the Washington Post reported that FBI and ICE agents have been accessing state driver’s license databases with facial recognition software , enabling both to rifle through millions of photos without the consent or knowledge of those photographed. While this is certainly troubling, facial recognition software is also making inroads with CBP, TSA, and the Secret Service. TSA, for instance, is running a pilot program whereby it uses the technology as a substitute for review of an individual’s passport and boarding pass.

While there are certainly concerns over the constitutionality of some of these uses of facial recognition technically, individuals who are not lawfully in the United States may be particularly impacted if they reside in states that issue photo identification to undocumented immigrants. In such cases, the undocumented immigrant’s photo could be accessed and scanned by various federal agencies, including ICE.

DHS Publishes Stricter Public Charge Rule

Mon, 12 Aug 2019 13:43:00 GMT

As anticipated for months, this morning DHS published in the Federal Register a proposed change to federal regulations pertaining to the “public charge” grounds of inadmissibility. The Federal Register notice is 837 pages long and details the changes to the existing Federal guidance on the issue. More information will be forthcoming once the document has been fully reviewed, but in general, the major takeaways appear to be that DHS will now consider the totality of circumstances surrounding whether an intending immigrant is likely to need to rely on public benefits — i.e., it will now consider factors like age, education, ability to speak English, and ability to be employed. Many fear that this broadening of discretion is simply a thinly veiled excuse for the Administration to deny visas and green cards to a larger category of intending immigrants.

The rule will not take effect for 60 days and will not be applied retroactively. So, it would be in your best interest if you intend to file for a green card, to do so as quickly as possible.

Trump Policies Could Result in Active Duty Troops Being Deported

Tue, 06 Aug 2019 05:20:00 GMT

Members of the U.S. military have long been able to take advantage of certain DHS policies when it comes to protecting their immigration status and that of their families. For example, some U.S. military members and/or family members may be eligible for parole-in-place , which is a critical step toward obtaining permanent residence, or deferred action , which helps delay deportation proceedings. Recently, memos have circulated showing the termination of both of these tools for service members and their families, with few exceptions. It remains to be seen exactly when these changes may take effect.

Despite Record Backlogs, USCIS Personnel Asked to Help ICE

Tue, 30 Jul 2019 05:18:00 GMT

Even though the backlog of applications pending before USCIS is at record numbers, so much so that it has spawned Congressional committee hearings and an investigation by the U.S. Government Accountability Office , USCIS Acting-Director Ken Cuccinelli has asked USCIS personnel to volunteer in support of ICE , the enforcement arm of the U.S. Department of Homeland Security. Individuals within USCIS have noted a rift between career officials and acting leadership over priorities, with leadership being mostly concerned with immigration enforcement rather than the processing of immigration benefits applications. Unfortunately, this is just a sign of the times under the Trump Administration, but at least the issue is finally getting the spotlight it deserves.

Trump Administration Expands Expedited Removal

Tue, 23 Jul 2019 13:55:00 GMT

The Trump Administration, in furtherance of its constant effort to speed up the deportation machine, has expanded the use of expedited removal . Generally, expedited removal allows immigration officers to deport individuals quickly and without the benefit of full immigration proceedings before an immigration judge. Basically, the immigration officer is judge, jury, and executioner. This expedited process makes it quite difficult for the targeted alien to mount any sort of defense to the allegations.

As of July 23, 2019 , the category of aliens subject to expedited removal has been expanded to include anyone who is undocumented or has committed fraud or misrepresentation and who has not been physically present in the United States for two years prior to his or her apprehension. This policy change is expected to face legal challenges.

If you fear you may be subject to expedited removal, or targeted for the same, it is important that you know your legal rights and act accordingly.

USCIS Transfers Cases to Ease Processing Backlogs

Tue, 09 Jul 2019 05:04:00 GMT

On June 17, 2019, USCIS announced that it has created a national strategy to relieve the backlog for Form N-400, Application for Naturalization , and Form I-485, Application to Register Permanent Residence or Adjust Status .

In short, USCIS will shift cases between field offices to accommodate offices with heavier than expected caseloads. As a result, some applicants may be scheduled for interviews at field offices outside their customary jurisdiction. It remains to be seen exactly how this will be implemented and whether USCIS’ new policy will ultimately prove to be a travel burden on applicants. Only time will tell.

DOS Has Begun Requiring Applicants to Disclose Social Media Identifiers

Tue, 02 Jul 2019 05:51:00 GMT

As expected, on May 31, 2019, the U.S. Department of State implemented a new policy whereby it requests applicants for immigrant and non-immigrant visas to provide their social media identifiers. This policy had already been spottily implemented at some consular posts, but it has not become standard operating procedure.

Many immigrant rights groups are concerned that expanding consular reviews to social media posts grants consular officers a treasure trove of possible reasons to deny applicants given the lax style often inherent in such posts. An off-hand comment made several years in the past could now presumably be used as a reason to deny, which many suspect is the true purpose of the new policy.

DOS Releases Stats on Travel Ban Waivers

Tue, 25 Jun 2019 05:40:00 GMT

On June 12, 2019, the U.S. Department of State released a report on the Implementation of Presidential Proclamation 9645 (the “Travel Ban”) for the time period covering December 8, 2017, to March 31, 2019. It has widely been speculated that the waivers under the Travel Ban were simply for show and that no meaningful waiver option exists. The report does indicate that some waivers have been granted, but the rates of visa issuance are quite low, as expected. The report also confirmed that there is no separate waiver application necessary and that each consular officer has broad discretion to consider the relevant factors on a case-by-case basis.

U.S. Negotiating for Safe Third Country Agreement with Guatemala

Tue, 18 Jun 2019 05:55:00 GMT

A Voice of America Report on June 13, 2019, indicated that the Trump Administration had purportedly finalized an agreement with Guatemala that would prevent asylum-seekers from passing through Guatemala to the United States without first seeking asylum in Guatemala. This agreement, known as a “safe third country” agreement, would presumably ease the flow of Central American asylum-seekers into the United States. It is an open question as to whether the outgoing Guatemalan administration will sign the agreement, but VOA speculated that Guatemala had more to gain than lose by signing the pact.

That being said, VOA then reported on June 14, 2019, that the agreement had hit a snag. Allegedly, Guatemala did not understand that it would be obligated to actually process the asylum claims of individuals returned to Guatemala pursuant to the agreement, which supposedly presented legal and constitutional issues for the Guatemalan government. As of now, this issue is still under discussion, but a true “safe third country” agreement seems to be off the table in the short term.

White House Memo Orders Enforcement of Affidavits of Support

Tue, 11 Jun 2019 05:15:00 GMT

On May 23, 2019, President Trump issued a memorandum ordering his administration to develop rules for U.S. citizens to reimburse the government for each dollar of means-tested federal benefits provided to immigrants they are sponsoring . While there are already rules in place to prevent the use of certain means-tested benefits by immigrants, enforcement actions by the Federal government are somewhat rare. This is likely why the Administration feels it is an area in which it can tighten the screws without much blowback.

That being said, enforcement of support obligations would be riddled with practical challenges. It would require communication and cooperation between multiple state and Federal agencies, as well as the sharing of records that may not exist in an easily shareable format.

The Administration has asked for the proposed rules to be developed within 90 days.

Social Security Administration Resumes Sending “No Match” Letters

Tue, 04 Jun 2019 05:06:00 GMT

The Social Security Administration has mailed more than 570,000 “No Match” letters to employers since March 2019, which indicates the resumption of a practice that has been suspended since 2012. A “No Match” letter would be sent to an employer indicating that the names of some of their employees do not match the supposedly corresponding social security numbers.

While the notices do not necessarily require an employer to take any action other than to reconcile mismatches, any notification of mis-matches to workers is likely to result in any undocumented workers resigning for fear of impending immigration enforcement actions by the Federal government. Obviously, this could create some labor shortages in certain industries, at least in the short-term.

USCIS Publishes Notice Acknowledging Halt of TPS Termination for Honduras and Nepal

Tue, 28 May 2019 05:55:00 GMT

On Friday, May 10, 2019, USCIS published a Notice in the Federal Register that the Department of Homeland Security will not terminate Temporary Protected Status (TPS) for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen . TPS-related documentation for Nepalese TPS beneficiaries, such as work authorization cards (EADs), were also extended through March 24, 2020. Honduras’ TPS designation is currently set to expire on January 5, 2020.

Trump Administration Targets Visa Overstays

Tue, 21 May 2019 05:05:00 GMT

On April 22, 2019, the Trump Administration issued a Presidential Memorandum addressing visa overstays and how to combat them. The Administration will consider requiring admission bonds , limiting visa duration, and suspending entry of individuals from countries with high overstay rates. An admission bond is a fee that would be paid upon entry, to be returned when the individual departs in a timely fashion.

The Memorandum requires the Secretary of State and the Secretary of the Department of Homeland Security to make recommendations within 120 days of its issuance.

USCIS Updates Policy Manual on Impact of State Drug Laws

Tue, 14 May 2019 05:00:00 GMT

On April 19, 2019, USCIS issued a policy alert that it was modifying its Policy Manual to clarify that violations of controlled substance laws are conditional bars to establishing good moral character (GMC) for naturalization . This is true even if the conduct would not be an offense under state law. This clarification became necessary in light of the recent trend toward state legalization or decriminalization of marijuana, which remains illegal under federal law.

As a result of its federal prohibition, a conviction or admission of conduct involving marijuana may still be a bar to establishing GMC and, thus, prevent naturalization.

Trump Administration Continues Attacks on Asylum

Tue, 07 May 2019 05:00:00 GMT

Last month, USCIS proposed to double the time asylum seekers must wait before becoming qualified to receive a work permit. Currently, asylum seekers must wait 180 days, but the proposed regulation would extend the time period to 365 days and deny work authorization outright to those who entered the United States illegally. Naturally, this would make it much more difficult for asylum seekers to provide for themselves and their families while their cases await adjudication.

Unfortunately, this proposal is becoming a trend with the Trump Administration, which seems to delight in constructing new methods of making life needlessly difficult for asylum seekers. On April 20, 2019, the Administration proposed charging filing fees for asylum applications, which are filed by those fleeing persecution in their home countries. It should go without saying that many of these individuals, if not most, do not have access to reliable sources of funds to finance their legal case and support their families.

It remains to be seen whether any of these proposed “reforms” make their way into final regulations, which would have the force of law.

Update on Implications of New Form I-751 Interview Policy

Tue, 30 Apr 2019 03:00:00 GMT

On November 30, 2018, USCIS issued a policy memorandum that, in essence, made it much more likely that petitioners would be interviewed in relation to pending Form I-751, Petition to Remove Conditions on Residence . We originally wrote on that topic in December 2018 .

Since that time, AILA has undertaken more extensive analysis of the policy memorandum and noted additional implications of the revision. First, an interview is almost certainly going to be required if the applicant’s green card was received after an interview overseas, and not with USCIS. Also, there is likely to be a general uptick in interviews even for those who have previously been interviewed by USCIS, as the new guidance requires an interview unless there “is no indication of fraud or misrepresentation.” “No indication” represents a higher threshold than the previous language, which was that there be “no evidence.” In sum, USCIS needs very little to require an interview, and most applicants should assume that an interview will be required.

DHS Allocates Extra 30,000 H-2B Visas for Fiscal Year 2019

Tue, 23 Apr 2019 08:58:00 GMT

On March 29, 2019, the U.S. Department of Homeland Security announced that it would allocate an additional 30,000 H-2B visas for the remainder of the U.S. Government’s Fiscal Year 2019, which ends on September 30, 2019. These visas, though, will only be available to applicants who held H-2B status in the 2016, 2017, or 2018 fiscal year. Additional details on eligibility and filing requirements will be forthcoming when the final temporary rule has been posted for public inspection.

This represents a small, but much needed, increase in the traditional 66,000 annual visa cap , as there were more than 200,000 H-2B visa applications filed this year.

USCIS Announces It Will Close Overseas Offices

Tue, 16 Apr 2019 13:31:00 GMT

USCIS recently announced that it would be closing its overseas offices, most of which are located in Latin America, Europe, and Asia. The move came seemingly out of the blue, and opinions differ on its intended effect.

USCIS’ international offices typically handle immigrant visas, the processing of refugee applications, some citizenship applications for overseas individuals or military members, and international adoptions. Purportedly, these tasks will be re-allocated within USCIS or shifted to the Department of State .

Some believe this shift is yet another example of President Donald Trump’s hostility toward immigration – both legal and illegal – as it makes certain processes, like the refugee process, more difficult. Others believe that the closure of the overseas offices will mean more resources for USCIS domestically, which will result in shorter processing times. While we hope that shorter processing times are in the future, we’ll believe it when we see it.

New Hope for Those from Travel Ban Countries

Tue, 09 Apr 2019 13:30:00 GMT

In this Politico article , the author addresses several fresh legal challenges to the Travel Ban 3.0 , also know as the “Muslim Ban.” While the Supreme Court has already signed off on the executive order implementing the Travel Ban, the Supreme Court justices finding it legal seemed to do so because there was a meaningful waiver process available.

However, in light of the recent statistics on the waiver program, which show that the waiver program is nothing more than a farce, new plaintiffs have come forward arguing that the Travel Ban is illegal. While these suits are still in the early stages, they should certainly be monitored.

DOL Creates Additional H-1B Delays

Tue, 02 Apr 2019 15:28:00 GMT

As part of the Labor Certification Application process , which must be completed with the U.S. Department of Labor prior to submitting a petition to USCIS for an H-1B visa , an employer must request and receive business verification. However, DOL once again dropped the ball, sometimes simply “missing” certain business verification requests. As a result, many such requests were pending inordinately long with DOL.

AILA members brought this problem to the attention of AILA’s liaison with DOL , who reported the problem. DOL then batched the reported cases, and as of March 27, report that all delayed cases have been cleared. Unfortunately, there are no guarantees that this will not happen again.

Stats Show Devastating Impact of Travel Ban 3.0

Tue, 26 Mar 2019 08:25:00 GMT

In Fiscal Year 2018, the U.S. Department of Statute denied over 37,000 visas due to the Trump Administration’s Travel Ban , also known as the “Muslim Ban.” Of those, 15,384 of those denied were seeking immigrant visas. Even more telling, only 2,673 waivers were approved, or less than 1% of all denials. Although the Supreme Court upheld the Travel Ban (or at least the third version of it), it is important to remember that it was implemented by Executive Order, which could easily be rescinded by a new president.

IT Sector Bears Brunt of USCIS’ Inconsistent H-1B Policies

Tue, 19 Mar 2019 08:24:00 GMT

A recent article in Forbes examined data released by USCIS on its adjudication of H-1B petitions in Fiscal Year 2018. The data reveals some clear trends and casts doubt on whether USCIS is applying an even hand to all petitions.

In short, the top handful of IT companies applying for new H-1B employment in Fiscal Year 2018, which includes Syntel, Infosys, Mindtree, and HCL America, had denial rates between 34-54%, with Capgemini and Cognizant having denial rates of a staggering 80% and 61%, respectively. Conversely, U.S. tech giants Amazon, Facebook, and Apple had only 1% or 2% of their new H-1B petitions denied. Naturally, this raises concerns that USCIS is applying different standards to the IT sector, which often sends its employees to work on-site with clients, than to traditional tech jobs, which requires employees to work at the employer’s offices. In looking at the data, one would be hard-pressed to draw any different conclusion.

DHS Pushes Forward with H-4 Employment Rule Rescission

Tue, 12 Mar 2019 08:22:00 GMT

On February 22, 2018, the American Immigration Lawyers Association (AILA) released an advisory calling attention to the U.S. Department of Homeland Security’s Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan , which was released in October 2018 and gives an overview of anticipated regulations. These regulations do not always come to pass, and many times are revised even if they are eventually written into law. The advisory noted a proposed DHS regulation entitled “ Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization .”

In February 2015, DHS published a final rule that permitted certain H-4 spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status to also receive employment authorization. The rule has been criticized heavily by the Trump Administration, and the Unified Agenda states a November 2018 time frame for the release of a rule reversing the 2015 DHS regulation. Despite that stated goal, the text of the H-4 EAD Rescission Regulation has not yet been released. It is currently pending review with the Office of Management and Budget, after which time it will be published for public comment before possibly taking affect.

DOJ to Blame for Immigration Court Backlog

Tue, 05 Mar 2019 06:59:00 GMT

It is no secret that the immigration courts, run by the Executive Office for Immigration Review (EOIR) , are seriously overworked and backlogged. The American Immigration Lawyers Association (AILA) recently obtained a copy of the EOIR’s Strategic Caseload Reduction Plan for dealing with this backlog, but the data makes it clear that EOIR’s strategic plan was a colossal failure and has been completely undermined by the Department of Justice , the federal agency under whose jurisdiction the EOIR sits. While EOIR’s plan was to significantly reduce the case backlog by 2020, the case backlog has actually increased by 25% since the plans approval in October 2017. As of the end of 2018, there are over 800,000 cases in the EOIR backlog.

To immigration attorneys familiar with the EOIR, the changes dictated by the DOJ and former Attorney General Jeff Sessions would no doubt lead to increase in the backlog and the undermining of due process rights for individuals in the EOIR system. Both have come to pass.

AG Sessions referred several Board of Immigration Appeals cases to himself, which allowed him to rewrite what had been long-standing precedent dealing with procedural mechanisms for disposing of cases before the EOIR. In short, he deprived immigration judges of the ability to administratively close cases and limited their ability to continue cases to a later date. Administrative closure is generally used to put cases to the side while individuals seek other relief outside of the immigration courts that would render their EOIR case moot and allow it to be dismissed. By removing this tool, and actively re-activating cases that had already been administratively closed, the DOJ added a large number of cases back into the system and effectively made the EOIR proceed with cases that would have been resolved on their own without further EOIR involvement.

Further, continuances are a useful tool to push hearing dates into the future, which is often necessary for an individual before the EOIR to find legal representation or to allow an attorney sufficient time to prepare for a case. With continuances now restricted, it is much more likely that an individual will be forced to proceed before the EOIR without representation, which significantly undermines due process and increases the likelihood of an adverse decision.

Even more concerning has been the streamlining of hiring for immigration judges, which is troublesome when coupled with reports of judges being selected or forced out based on political ideology rather than merit.

Regardless of your political beliefs, Americans profess adherence to the principle of due process for all, and what is occurring at the EOIR as a result of administrative meddling for political reasons, undoubtedly undercuts that principle.

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

Tue, 26 Feb 2019 16:40:00 GMT

USCIS has announced that, as of January 28, 2019, it will resume premium processing for all cap-subject petitions, including those eligible for the master’s cap. This only applies to pending petitions, not newly filed petitions.

DHS Publishes Final Rule Modifying H-1B Lottery Process

Tue, 19 Feb 2019 16:39:00 GMT

As previously discussed in our post on December 4, 2018, DHS has indicated that it intended to amend its rules pertaining to the H-1B lottery system. For a detailed discussion of those plans, please refer back to the earlier post.

On January 31, 2019, DHS did as promised, publishing a final rule in the Federal Register that will amend the regulations pertaining to the H-1B lottery. Although the rule is effective April 1, 2019, the employer registration requirement has been suspended for this year’s H-1B cap. As a result, employers wishing to apply for a cap-subject H-1B this year must use the same method utilized in prior years. The order in which petitions are selected has been reversed immediately, though, with the lottery being held for the regular cap first, and then the master’s cap. This method should result in the selection of a larger number of H-1B applications with advanced degrees.

Going forward, employers will be given a period of at least 14 days to register for an H-1B for specific beneficiaries. The registrations are then selected by lottery, with those selected then being given a window of at least 90 days in which to file the full H-1B petition.

USCIS Processing Delays at Record Levels

Tue, 12 Feb 2019 16:37:00 GMT

The American Immigration Lawyers Association (AILA) recently released a policy brief detailing the unprecedented processing delays at USCIS. As a practitioner, it has been increasingly apparent that USCIS under the Trump Administration has been implementing policies that waste resources and result in slower adjudications of petitions. AILA’s policy brief supports this observation and details some very alarming statistics:

The results of these delays profoundly impact our clients in many ways. A delayed work authorization may mean a lost job opportunity. Delayed advance parole may mean being unable to leave the United States for a family member’s illness or death. Delayed processing of some forms results in humanitarian relief for abandoned children, refugees, and domestic violence victims coming too late to be meaningful. These delays mean longer separations for spouses, parents and their children, and other relatives. No one wins when USCIS fails to do its job efficiently.

While processing delays are not an uncommon complaint from applicants, there are two factors that exacerbate the frustration. First, USCIS has adopted policies that intentionally slow down processing for no discernable benefit to applicants or the United States. USCIS no longer gives deference to prior adjudications for nonimmigrant, employment-based extension petitions involving the same employer and employee. It requires interviews for nearly all employment-based green cards. It has enacted policies that result in USCIS referring individuals to immigration court for de minimis immigration violations or when a petition is denied for a curable error . It is fixing problems that do not exist.

Second, it has been systematically removing tools for applicants to find out what is going on with their cases. InfoPass is scheduled to be phased out by the end of 2020. The USCIS Service Center email boxes were eliminated as of January 21, 2019. The online case status option is usually incorrect or outdated, and customer service rarely knows anything specific about individual cases.

This is an untenable mess, and one that does not look to get any better under the Trump Administration, which has made bogging down immigration – legal and illegal – a cornerstone of its policy agenda.

USCIS Provides Additional Clarity on Secure Identity Document Delivery

Tue, 05 Feb 2019 16:34:00 GMT

On January 16, USCIS issued a Policy Alert providing new guidance in its policy manual on its issuance of secure identity documents, such as employment authorization documents, travel documents, permanent resident cards, and naturalization and citizenship certificates. Of note, it explains how USCIS delivers and tracks these documents, as well as the appropriate procedure to request replacement or reissuance of such documents.

In the policy manual, USCIS states that it sends such documents through the U.S. Postal Service only. Delivery status can be tracked through USCIS Case Status Online ore USPS Informed Delivery . In cases where a document is returned to USCIS, it generally recommends contacting the USCIS Contact Center to arrange for a second delivery, if that option is available based on the reason for the document’s return.

Department of Homeland Security Designates H-2A and H-2B Eligible Countries

Tue, 29 Jan 2019 16:32:00 GMT

On January 18, 2019 , The U.S. Department of Homeland Security published a notice in the Federal Register identifying those countries whose nationals are eligible to participate in the H-2A and H-2B programs. The designation took effect on January 19, 2019, and continues until January 18, 2020. In general, DHS considers numerous factors in compiling the list of countries, including the country’s cooperation with respect to the issuance of travel documents for its nationals who are subject to a final order of removal and the number of final and unexecuted removal orders against its nationals. If a national of a country that is not on the list wishes to take advantage of the H-2A or H-2B program, the employer must demonstrate that it would be in the best interests of the United States to make an exception.

Of note, Ethiopia and the Philippines were removed from both lists, while Mozambique and Samoa were added to both lists. The Dominican Republic was removed from the H-2B list, and Paraguay was added to the H-2A list. In total, there are 84 countries on the H-2A list and 81 on the H-2B list.

DOL Has Major Problems with iCert System

Tue, 22 Jan 2019 18:26:00 GMT

One of the first steps that must be completed for an employer to file for an H-2B visa is the submission of a labor certification application with the U.S. Department of Labor (DOL) . Filers utilize the online iCert system and are generally able to file at midnight on January 1. The H-2B program is statutorily limited to 66,000 visas annually with 33,000 allocated to each half of the fiscal year. H-2B applications are date and time stamped to establish the order of submission because of the demand for the program.

However, this year, when filers attempted to submit their applications, they received error or timed out messages and were unable to complete the application process.

DOL initially announced that it was experiencing a “major service interruption” and was taking down the iCert system altogether. Apparently, it received so many applications that the system crashed. The iCert takedown impacted other programs, as well, such as H-2A and PERM.

On January 2, 2019, DOL provided an update, noting that it had received requests for certification for over 97,800 workers, while only 33,000 visas are statutorily available. The huge uptick in applications crashed the system, which was not reopened until Monday, January 7. DOL stated that there were 22,900 server login attempts on January 1, 2019, versus 721 attempts in the same period on January 1, 2018.

Interestingly, as part of its fix, DOL instituted a “CAPTCHA” to avoid software programs from filing applications at a rate faster than iCert could manage.

The iCert system was reopened on January 7 at 1 pm CST.

How Does a Government Shutdown Impact Immigration?

Tue, 15 Jan 2019 17:34:00 GMT

As of the date of publication, President Trump has refused to sign a bill that would fund the government because no bill has included funding for his desired border wall. As a result, many government agencies have been forced to shut down or furlough workers due to a lack of funding.

Depending on which agency is involved in your immigration matter, the shutdown may impact you in a different ways.

USCIS: USCIS is a fee-funded agency of the U.S. Department of Homeland Security. As a result, it generally continues to run during a shutdown. However, some programs under USCIS receive government-appropriated funds, such as E-verify, EB-5s, Conrad 30 J-1 physicians, and non-minister religious workers, and they may be suspended or otherwise impacted.

Department of State: The portion of DOS that issues visas and passports is also fee-funded, so it should not be impacted by the shutdown in any major way. However, if funding becomes an issue, consulates are likely to only process emergency petitions.

CBP: Ports of entry are open, but CBP processing of applications at the border may be impacted.

ICE: ICE Enforcement and removal operations are still functioning, as is the Student and Exchange Visitor Program.

EOIR: The detained docket is still being held by EOIR , but the non-detained docket will be reset for a later date. Immigration courts with detained dockets are open to receive all filings, but will only process those for the detained docket. If a court has no detained docket, though, it will not be open at all.

If you have questions about whether or not your case may be affected by the shutdown, please reach out to an immigration attorney.

Why Can’t I Get a Driver’s License?

Tue, 08 Jan 2019 17:27:00 GMT

Once common complaint from many clients is their inability to get a driver’s license while certain petitions are pending with USCIS. Each state’s DMV is a little different.

In Alabama , for instance, you may not even need an Alabama driver’s license if you have a valid foreign driver’s license. However, if you need an Alabama license, the DMV will generally not issue one unless you are in status or filed for an extension or renewal while still in status. If your period of authorized stay is soon to expire, the DMV will often only grant your license for the time period of your authorized stay. This often creates a problem when clients are in a period of authorized stay due to the filing of a petition with USCIS, but their period of stay on their original visa has expired. Even though certain petitions can be filed with USCIS when you are out of status, and which place you in a temporary period of authorized stay, getting a license can be nearly impossible until you actually receive your green card or other benefit for which you petitioned.

Unfortunately, there’s no perfect solution to this problem if you encounter it. The best idea is to simply plan ahead, and if possible, maintain your underlying status while any adjustments of status are pending. Obviously, that is not always possible or practical, so have a plan in place post-filing for dealing with this inconvenience.

H-2B Cap Reached for the First Half of 2019 Fiscal Year

Tue, 01 Jan 2019 17:25:00 GMT

USCIS has announced that it has received more petitions for H-2B beneficiaries than there are visa available for the first half of fiscal year 2019. As a result, any petitions received after December 6 will be rejected if they request an employment start date before April 1, 2019.

Congress has made available 66,000 H-2B visas each year , with 33,000 reserved for each half of the fiscal year. Any unused visas from the first half of the fiscal year would, in theory, roll into those available for the second half.

Federal Judge Strikes Down Trump Asylum Policy on Domestic / Gang Violence

Thu, 20 Dec 2018 17:16:00 GMT

On Wednesday, December 19, 2018, a federal judge struck down a Trump Administration policy, implemented under former Attorney General Jeff Sessions, that made it nearly impossible for victims of domestic violence or gang violence from qualifying for asylum protections.

Asylum law requires those claiming asylum to show that the government of their home country either was perpetrating the persecution or unwilling to prevent a third party from persecuting its victims. Sessions’ policy essentially required that the asylum seeker also establish that the government condoned the third party actions – a higher standard than should be applied under current law.

Judge Emmet Sullivan’s opinion noted that the policy was unlawful, as “it is the will of Congress – not the whims of the Executive – that determines the standard for expedited removal.”

Interviews Now Required for Most Form I-751 Cases

Tue, 18 Dec 2018 10:30:00 GMT

On November 30, 2018, USCIS issued a revised policy memorandum pertaining to when interviews are required on a Form I-751, Petition to Remove Conditions on Residence. The memorandum took effect on December 10, 2018.

Previously, USCIS would not require an interview on joint petitions or petitions requesting a waiver of the joint filing requirement unless the adjudicating officer was not satisfied that the marriage was entered into in good faith or believed there were indicators of marriage fraud. Further, if USCIS desired more information, it was encouraged to send Requests for Evidence to the petitioner(s) before deciding to transfer to the case to a field office for an interview.

The new policy memorandum formalizes a policy that, as a practical matter, seems to have been in place before December 10, 2018. Under the new policy, the presumption is reversed such that most cases require an interview unless four requirements are met:

Naturally, the new policy will result in many more cases being selected for interviews and transferred to USCIS field offices. As a consequence, it is expected that processing times will remain lengthy and may even increase for this type of case.

Is It Normal to Get a Request for Evidence on an H-1B?

Tue, 11 Dec 2018 10:30:00 GMT

Yes. Since the advent of the Trump Administration, we have seen a significant uptick in the number of Requests for Evidence (RFEs) issued by USCIS on H-1B petitions. The most common type of RFE appears to be that questioning whether a position is truly a “specialty occupation” for which an H-1B is intended and whether the U.S. Department of Labor (DOL) Wage Level listed on the Labor Condition Application is appropriate.

First, a specialty occupation is one that requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation.” INA § 214(i)(l) . Some positions are expressly specialty occupations – architecture, engineering, physical sciences, medicine, accounting, law, and a handful of other positions fall in that category. For many other positions, though, the employer must prove to USCIS that the position is a specialty occupation by establishing at least one of four requirements:

While it may seem at first blush that each of the above is straightforward and easy to prove, such is not the case. In fact, a highly detailed analysis of the position and its requirements needs to be performed in order to adequately assess how to respond to the RFE.

A second common RFE topic is the DOL wage level . USCIS often questions whether the proposed position actually corresponds to the wage level set forth on the submitted LCA. If the wage level is listed as Level 1 – which connotes an entry level position – USCIS is likely to closely scrutinize the position, arguing that a position cannot be both entry-level and sufficiently specialized and complex to warrant an H-1B visa. USCIS’s argument is fundamentally flawed, though, and many appellate decisions confirm that a Level 1 wage designation does not preclude a position from being a specialty occupation. For instance, an entry-level physician is still in a specialty occupation.

Particularly of late, USCIS will often come up with a reason to send an RFE, so do not be alarmed. However, it is important to critically analyze the RFE and properly address the concerns noted therein.

DHS Contemplates Pre-Registration Rule for H-1B Cap-Subject Petitions

Tue, 04 Dec 2018 10:30:00 GMT

On October 17, 2018, the U.S. Department of Homeland Security released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan . In the plan, DHS provides a list of proposed regulation that is part of its current agenda.

DHS placed on its agenda a regulation that would require registration of employers seeking to file H-1B Petitions that are subject to the fiscal cap (i.e., both the regular cap and master’s cap) . The stated goal is to streamline intake and selection due to the high volume of petitions received by USCIS each year. According to the new rule, employers would register and identify the potential beneficiaries, with USCIS conducting the lottery based only on the information provided. In theory, it would prevent employers from having to submit fully prepared H1B petitions to USCIS until actually selected in the lottery.

The text of the rule was officially released on November 30, 2018, despite an originally stated October 2018 time frame for its release. It will be published in the Federal Register and available for public comment. DHS has indicated that it would like the rule to be in place by October 1, 2019 (FY 2020).

In addition to the registration requirement, the proposed rule would also reverse the order of the cap-subject “lottery” drawings so that the regular cap lottery occurs before the master’s cap. This would theoretically result in more master’s cap eligible petitions being selected in the regular cap lottery, increasing the total number of potential H-1B beneficiaries with at least a Master’s Degree.

USCIS Implements Stage 2 of New NTA Issuance Policy Memo

Tue, 27 Nov 2018 10:30:00 GMT

On November 19, 2018, USCIS began the second stage of its implementation of its new policy guidance , which was first issued on June 28, 2018, that will lead to an increase in the number of Notices to Appear (NTAs) for immigration court proceedings issued to applicants before USCIS. Per a September 27, 2018, teleconference , USCIS has indicated that it intends to implement the new policy in stages.

As previously discussed on this blog , USCIS implemented the new NTA policy for family-based cases on October 1, 2018. Under the policy, if certain petitions before USCIS are denied and the petitioner or applicant is otherwise removable, USCIS will issue an NTA. USCIS will also now issue NTAs where it suspects fraud or misrepresentation, where an applicant has been convicted of or charged with a criminal offense (or has committed acts that are chargeable as a criminal offense), in naturalization cases where applicants are deportable, ineligible to naturalize, or denied on good moral character grounds, and in cases where an applicant would be unlawfully present in the United States when the petition or application is denied.

Starting November 19, 2018, USCIS may also issue NTAs based on denials of applications for T visas and U visas , as well as for Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant , Form I-730, Refugee/Asylee Relative Petitions , and Form I-485, Application to Register Permanent Residence or Adjust Status based on the above-noted underlying form types.

For now, USCIS is not targeting employment-based applications or petitions, though that is coming at a later date.

What Does Dual Intent Mean?

Tue, 20 Nov 2018 10:30:00 GMT

Many non-immigrant visas require that the alien not intend to remain permanently in the United States. Thus, if the alien files for an immigrant visa, by, for instance, filing a Form I-130 or Form I-140 , the alien would be declaring an intent to remain permanently in the United States that is contrary to the purpose of the non-immigrant visa. However, certain visa categories, such as H-1B or L-1, allow a non-immigrant to possess this “dual intent” – a long-term intent to remain and a short-term intent to leave. In such situations, filing for an immigrant visa does not preclude issuance of a non-immigrant visa.

Lawsuit Filed Against USCIS for Limiting H-1B Visa Duration

Tue, 13 Nov 2018 10:30:00 GMT

On October 11, 2018, a lawsuit was filed in the U.S. District Court for the District of Columbia, titled ITServe Alliance Inc. v. United States Citizenship and Immigration Service , seeking to stop USCIS’s practice of placing seemingly arbitrary durations on H-1B visas , which are usually issued in three-year increments. USCIS claimed in a February 2018 policy memorandum that it has authority to limit how long an H-1B petition is valid, as it has discretion to limit the validity period to the length of time that the employer can demonstrate non-speculative work is available for the employee. The result of this policy has been H-1B petitions approved with startlingly short durations, in some cases for periods so short that they expired before the employer received the H-1B approval notice .

Practically speaking, USCIS’s position makes it incredibly difficult for employers to properly manage their work force. An employer may need to file an extension petition immediately upon receipt of the original approval, which is unduly burdensome on the petitioning employer, artificially driving up the cost of the foreign labor and doing real damage to U.S. businesses.

Can President Trump End Birthright Citizenship by Executive Order?

Tue, 06 Nov 2018 10:30:00 GMT

The answer to this question is not crystal clear, but it seems unlikely. The dispute hinges around the long-standing interpretation of the 14 ^th Amendment to the U.S. Constitution, which reads, in relevant part:

President Trump claims that children born in the United States to non-immigrants or undocumented aliens are not “subject to the jurisdiction” of the United States, and thus, are not entitled to U.S. citizenship by virtue of their birth within the territorial borders of the United States. Given this interpretation, President Trump argues that he could declare, by executive order, that federal agencies no longer interpret the 14 ^th Amendment to permit blanket birthright citizenship to all who are born within the United States.

Many legal scholars believe that President Trump’s actions are completely without merit and are contrary to long-standing legal interpretation of the 14 ^th Amendment. They maintain that a constitutional amendment would be necessary to take away birthright citizenship. This makes perfect sense, as the United States will certainly charge anyone in the United States with a crime, if committed, which it can only do if the United States has jurisdiction over them.

In sum, it seems highly unlikely that President Trump can end birthright citizenship by Executive Order, and if he attempted to do so, it would surely face immediate legal challenge.

Johnstone Adams Ranked in 2019 “Best Law Firms”

Fri, 02 Nov 2018 22:10:00 GMT

Firms included in the 2019 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

The 2019 Edition of “Best Law Firms” includes rankings in 75 national practice areas and 122 metropolitan-based practice areas. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

Johnstone Adams LLC received the following rankings in the 2019 U.S. News – Best Lawyers “Best Law Firms”:

Regional Tier 1 – Mobile

Litigation – Banking & Finance
Litigation – Construction
Litigation – Labor & Employment
Tax Law
Trusts & Estates Law
Workers’ Compensation Law – Employers
Regional Tier 2

Mobile
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Nine Johnstone Adams Lawyers Named to 2019 “Best Lawyers” List

Fri, 02 Nov 2018 21:25:00 GMT

Johnstone Adams LLC is pleased to announce that nine (9) lawyers have been included in the 2019 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. “Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide,” says CEO Phillip Greer.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Johnstone Adams LLC would like to congratulate the following lawyers named to 2019 The Best Lawyers in America list:

Celia J. Collins – Litigation – Labor and Employment, Labor Law – Management, Employment Law Management, Workers’ Compensation Law – Employers

William H. Hardie – Commercial Litigation, Litigation – Banking and Finance
Ben H. Harris – Workers’ Compensation Law – Employers

Wade B. Perry – Health Care Law, Litigation – Labor and Employment, Employment Law Management

Lawrence J. Seiter – Litigation – Construction, Workers’ Compensation Law – Employers

Charles C. Simpson – Insurance Law, Commercial Litigation, Litigation – Real Estate

E. Watson Smith – Employee Benefits (ERISA) Law, Tax Law

Tracy P. Turner – Workers’ Compensation Law – Employers
R. Gregory Watts – Tax Law, Trusts and Estates

About Johnstone Adams LLC

Johnstone Adams, LLC specializes in the following practice areas:

Banking, Finance, & Creditors’ Rights
Business and Corporate, including Business Dispute and Shareholder Rights Litigation
Construction Litigation
Employment, Labor, and Workers’ Compensation Law
ERISA, Tax, Trusts, & Estates
Forest Use
Health Care, including Mental Health
Immigration, including Employment, I-9 Compliance, and Family
Insurance Litigation: (1) Defense: Construction & Completed Operations; Major Claims & Professional Liability; (2) Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title
Oil and Gas
Real Estate, including Conveyancing, Environmental, & Zoning
Real Estate Litigation, including Conveyancing, Lien Priorities, & Titles
For more than a century Johnstone Adams, LLC has strived to improve upon how we deliver legal services to our clients in this ever changing economic climate.

USCIS Updates Policy Manual on Naturalization Based on Marriage to a U.S. Citizen

Tue, 30 Oct 2018 10:00:00 GMT

On October 12, 2018, USCIS updated its Policy Manual to provide clarification on the requirements for filing for naturalization on the basis of marriage to a U.S. citizen. Generally, such applicants must be “living in marital union,” (e.g., physically living together), for at least three (3) years immediately before filing for naturalization, and they must be married to a U.S. citizen at the time of filing.

USCIS’s update to the Policy Manual makes it clear that the applicant and his or her U.S. citizen spouse must be married at the time of filing for naturalization and when the applicant takes the Oath of Allegiance . However, the “living in marital union” requirement must only be true as of the date of filing for naturalization.

USCIS Updates Policy Manual on Form I-693, Report of Medical Examination

Tue, 23 Oct 2018 10:30:00 GMT

On October 16, 2018, USCIS announced that it is updating its Policy Manual in regard to the validity period of Form I-693, Report of Medical Examination and Vaccination Record . Beginning November 1, 2018, civil surgeons must complete and sign Form I-693 no more than sixty (60) days before an applicant files the application for the immigration benefit. USCIS will generally treat such Form I-693s as valid for two years from the date of the civil surgeon’s signature.

In essence, USCIS is changing the way it calculates the validity period of the Form I-693, which effectively increases the time period that it will remain valid. However, adjudicating officers may still request new Form I-693s if they have reason to believe an applicant may be inadmissible on health-related grounds.

What Is the 90-Day Rule?

Tue, 16 Oct 2018 10:36:00 GMT

The U.S. Department of State (DOS) and USCIS previously operated under a “30/60 Day Rule” by which adjudicators made an initial assessment as to whether a foreign national misrepresented a material fact in order to obtain a visa or some other type of immigration benefit. If so, the foreign national is generally inadmissible without a waiver. Under the old rule, if the foreign national engaged in certain activities inconsistent with his or her nonimmigrant visa within 30 days of entry (e.g., entering on a tourist visa, but then getting married), a presumption arose that he or she misrepresented his or her intentions when he or she applied for the nonimmigrant visa. If the activity occurred between 30 and 60 days of arrival, it could prove the basis for the adjudicator to have a “reasonable belief” that misrepresentation occurred.

In September 2017, DOS replaced the 30/60 Day Rule with a 90-Day Rule . Essentially, if the inconsistent activity occurs within 90 days of arrival, there is a rebuttable presumption that a misrepresentation occurred. If the inconsistent activity occurs more than 90 days after arrival, then an adjudicator may still consider the conduct if it gives rise to a “reasonable belief” that the individual misrepresented himself or herself in obtaining the visa or at the time of admission.

On May 15, 2018 , USCIS updated its Policy Manual to include reference to the 90-Day Rule, as well, though it expressly notes that the 90-Day Rule is merely an analytical tool and is not binding on USCIS. Regardless, if a foreign national has taken some action that seems inconsistent with the purpose of his or her nonimmigrant visa, he or she should be prepared to face additional scrutiny.

Even if an adjudicator determines that a misrepresentation has occurred, a waiver may be available. Likewise, legal precedent exists that may protect immediate relatives in such a situation without the need for a waiver, provided that the adjudicator’s only basis for denial of the requested benefit was the purported misrepresentation.

If you believe you may have taken an action inconsistent with the purpose of your nonimmigrant visa, seek experienced immigration counsel for advice.

USCIS Implements Policy Guidance on Issuance of Notices to Appear

Tue, 09 Oct 2018 10:30:00 GMT

On October 1, 2018, USCIS implemented a new policy guidance that was first issued on June 28, 2018, that will lead to an increase in the number of Notices to Appear (NTAs) for immigration court proceedings issued to applicants before USCIS. Per a September 27, 2018, teleconference , USCIS has indicated that it intends to implement the new policy in stages.

Prior to the policy, USCIS rarely issued NTAs to applicants or petitioners unless the law expressly required it to do so. As a result, individuals could generally reapply for benefits, even if previously denied, without worrying too much about being placed in removal proceedings. Now, that is not the case.

For now, USCIS is not targeting employment-based or humanitarian applications or petitions, though that is likely coming at a later time. Instead, it has turned its focus to family-based petitions. If such a petition, which would include Form I-485, Application to Register Permanent Residence or Adjust Status , and Form I-539, Application to Extend/Change Nonimmigrant Status , were to be denied and the petitioner or applicant is otherwise removable, USCIS will issue an NTA. USCIS will also now issue NTAs where it suspects fraud or misrepresentation, where an applicant has been convicted of or charged with a criminal offense (or has committed acts that are chargeable as a criminal offense), in naturalization cases where applicants are deportable, ineligible to naturalize, or denied on good moral character grounds, and in cases where an applicant would be unlawfully present in the United States when the petition or application is denied.

This new policy appears to be particularly problematic for those falling out of legal status upon the denial of the application or petition, as many individuals do not extend and maintain the status they were in when they filed for the adjustment of status or change of status petition. USCIS has indicated that it will not issue NTAs, though, until the appeal time has run on any adverse decisions, which should allow individuals up to 33 days to decide whether to appeal the decision or leave the United States. Filing an appeal, however, does not necessarily mean that USCIS will not issue an NTA.

For now, individuals need to simply be aware of the possibility that a denied petition could result in the initiation of removal proceedings against them. And, wherever possible, applications and petitioners should maintain lawful status as a “back-up option” in the event a pending application is denied.

DHS Proposes Dramatic Change to “Public Charge” Ground of Inadmissibility

Tue, 02 Oct 2018 10:30:00 GMT

Individuals seeking admission to the United States, through an adjustment of status or through consular processing , are required to prove to the satisfaction of the U.S. government that they will not become what is known as a “public charge.” Essentially, the U.S. wants to ensure that immigrants will be self-sufficient or have other means of financial support. Generally, individuals seeking admission must provide a Form I-864, Affidavit of Support from a sponsor who has the financial means to support the immigrant, in which the sponsor promises to provide that support until one of several different events (e.g., the individual can be credited with 40 quarters of social security earnings, the individual dies, the individual becomes a citizen or abandons residency, etc.).

On September 22, 2018, DHS posted an advance copy of a Notice of Proposed Rulemaking that recommended significant changes to the public charge grounds of inadmissibility. Once published in the Federal Register , the rule will be open to public comment for sixty (60) days, after which DHS may issue notice of a final rule, which may reflect modification based on public comments. At this time, there is no established implementation date.

The proposed rule would undoubtedly make it more difficult for immigrants to secure lawful permanent residence, using an enhanced public charge inquiry that would result in many additional findings of inadmissibility. This blog does not endeavor to explain every aspect of the proposed rule, particularly because there is no guaranty that it will become effective, let alone in its current state. However, if the rule does become law, immigrants that receive or have received public benefits, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Medicaid, Medicare Part D, and some Section 8 programs, among others, may have great difficulty in meeting the new threshold, which encompasses a “totality of the circumstances” approach that considers the immigrant’s age, health, family status, assets, and education and skills. DHS has likewise proposed a new form, the Form I-944, Declaration of Self-Sufficiency, that is designed to assess an immigrant’s ability to become financial self-sufficient.

While it remains to be seen how this rule may change between initial publication and its adoption, but it seems likely that the Trump Administration will push for some form of this rule to be enacted.

Can I Travel Overseas While My Adjustment of Status Petition is Pending?

Tue, 25 Sep 2018 10:10:00 GMT

Yes, provided that you have first received advance parole . Generally, when individuals file for adjustment of status, they also request advance parole on Form I-131 . The advance parole document allows individuals to be paroled into the United States upon their return from overseas travel for so long as the adjustment petition remains pending.

However, if an adjustment applicant leaves the United States before receiving his or her advance parole document, USCIS will likely determine that he or she has abandoned his or her adjustment application, which would result in the denial of the adjustment petition and forfeiture of the filing fees. It would also likely result in the individual needing to complete immigrant visa processing at a U.S. embassy or consulate overseas rather than in the United States.

In some cases, such as for those in H or L status, leaving the United States before the grant of advance parole would not result in the abandonment of the adjustment petition. But, it is best practice to have one’s advance parole document in hand before traveling overseas unless compelling circumstances require otherwise or one has consulted with an immigration attorney prior to such travel.

Have You Helped Anyone from My Country?

Tue, 18 Sep 2018 10:10:00 GMT

This is a fairly common question potential clients ask. It makes sense to want to know whether your attorney has worked on a case like yours before. However, in most cases, the type of case has more to do with the benefit sought than the country of origin of the person seeking it! Some obvious exceptions exist where country conditions are relevant (e.g., asylum, waiver cases, etc.) or determine benefits available (e.g., TPS, TN visas, E visas, per country visa limitations, etc.), but often, it is not the most critical factor in a case.

Regardless, our Firm has helped individuals from a multitude of countries, and as we add new clients, we often add new countries! For fun, we’ve worked up a map of the world showing the countries of origin (in red) for our former and current clients. So, if you’re curious, enjoy!

What is Conditional Permanent Residence?

Tue, 11 Sep 2018 10:30:00 GMT

If you have sought permanent residence based on a marriage that is less than two (2) years old at the time you were issued a permanent resident card, your permanent residence is conditional and your card will be valid for only two (2) years. In order to stay a permanent resident, you must file a Petition to Remove the Conditions of Residence with USCIS.

If you are still married to the spouse through whom you received the permanent resident card, you must file the petition during the ninety (90) days immediately preceding your card’s expiration. If you do not, you may lose your permanent resident status and be removed from the United States.

If you are no longer married to the spouse through whom you received the permanent resident card, either because of divorce or death, or if you have been battered or abused by your spouse, you must file the same petition, seeking a waiver of the joint filing requirement. Waivers are available for a variety of different reasons. Ideally, the petition should still be filed on or before the expiration of your permanent residence card, but USCIS will accept late individual or waiver filings. That being said, if no petition has been filed and your permanent resident card has expired, you may be removable from the United States.

If the conditions are successfully removed, you should receive a new permanent resident card with an expiration date ten (10) years into the future.

There are a multitude of issues that can arise in the context of filing a Petition to Remove the Conditions of Residence, even in a seemingly straightforward case. For that reason, it is always advisable to consult an immigration attorney prior to taking action.

What Is Consular Processing?

Wed, 05 Sep 2018 11:30:00 GMT

If an intending immigrant is not currently in the United States, he or she cannot file for a green card in the United States via adjustment of status . Rather, he or she must generally process through his or her local consulate .

As a practical matter, the steps that would be taken in the United States as part of an adjustment of status petition (e.g., petition review, interview, etc.) are instead conducted abroad by a consular officer. If approved, the immigrant will receive an immigrant visa in his or her passport, which will allow him or her to travel to the United States. Shortly after entry, the immigrant will be mailed a green card.

What is an Adjustment of Status?

Wed, 29 Aug 2018 15:30:00 GMT

Adjustment of status (AOS) refers to the process by which an individual petitions USCIS to change his or her status from nonimmigrant to immigrant (i.e., to become a lawful permanent resident and receive a green card). It can only be filed by an alien in the United States. While the AOS petition is filed on Form I-485 , the timing of its filing and the supporting documents sent therewith can be quite different depending on the underlying basis for the adjustment petition (e.g., family based, employment based, etc.).

Most AOS petitions require an interview at a local USCIS Field Office , as well as an extensive background check. Processing times can vary widely.

What Is the Difference Between Temporary Protected Status and Asylum?

Wed, 29 Aug 2018 10:03:00 GMT

Two types of immigration categories that get confused quite frequently are temporary protected status (TPS) and asylum . TPS and asylum are both humanitarian in nature and reflect the United States government offering refugees an opportunity to come to the United States because they’re no longer safe in their home country. In that regard, the two are very similar in principle.

The key difference between the two is that TPS is not individualized, while asylum requires a very individualized inquiry into the asylee’s case. For TPS, an individual needs to establish from which country he or she came. If that country is eligible for TPS, as designated by Congress in response to some event in the home country that made him or her a refugee, the individual may be eligible for TPS.

As to asylum, though, one must conduct an individualized analysis of the individual’s specific circumstances to identify either past persecution or credible fear of a future persecution were you to return to your home country. This persecution must be either from the government of your country or a third party that your government cannot or will not control. And, the persecution must be based on either race, religion, nationality, political opinion, or membership in another particular social group.

In short, asylum is much more difficult to prove than temporary protected status because of the required individualized inquiry. But, asylum, unlike TPS, provides a path to a green card and cannot be revoked in the same manner as TPS, where countries can be removed from the list of eligible countries on relatively short notice.

How Do I Get a Green Card?

Wed, 29 Aug 2018 10:01:00 GMT

One of the most common questions I receive in consultations is the seemingly simple, “How do I get a green card?” To fully explain the answer of this question would take much longer than many of you care to read, but the short answer is that there are several primary avenues one can take to receive a green card. Of course, each path has its own requirements, every case is different, and aspects of all are constantly subject to change.

In my practice, the most common path to receiving a green card is through family-based immigration . Under this category, the individual seeking the green card has some family relationship with either a current Lawful Permanent Resident (LPR) or U.S. Citizen. The closeness of that relationship (e.g., spouse, child, parent, sibling) often determines the eligibility of the individual seeking the green card and the approximate length of time the entire process will take. There are a multitude of issues that can impact family-based immigration, such as criminal history, financial status , or prior marriages, among others.

It is also possible for an employer to sponsor an employee for an employment-based green card . In some instances, particularly capable and qualified immigrants may apply for an employment-based visa on their own behalf. Depending on the qualifications and history of the immigrant, the requirements of the position, and, in many cases, the strength of the labor market, an employment-based visa can be a more daunting possibility than family-based immigration. Again, the facts of each case dictate how relatively easy or difficult the green card process will be.

The third category is generally referred to as “ humanitarian ,” which includes asylum . From time to time, there are also special programs adopted by Congress that give special privileges to individuals from certain countries or who fall into certain demographics. Generally speaking, an asylee is seeking refuge in the United States because he or she has a credible fear of persecution on account of race, religion, political belief, nationality, or membership in a particular social group if he or she return to his or her home country.

Finally, there are ways for individuals to receive green cards while in removal proceedings. For instance, an individual who is not already an LPR may request what is known as Cancellation of Removal and adjust status to that of LPR (i.e., receive a green card).

The pathways listed above are intended to provide a brief, and admittedly somewhat incomplete, overview of the ways that one could receive a green card. It is not intended to be exhaustive, but hopefully gives you a rough idea of options that you may want to explore with a capable immigration attorney.

Immigration News & Resources

Wed, 29 Aug 2018 10:00:00 GMT

Immigration news has dominated the headlines for much of the year, with the Trump Administration pushing its agenda to slow both legal and illegal immigration. The result has been a increase in processing times at U.S. Citizenship & Immigration Services (USCIS) , an increase in Immigration & Customs Enforcement (ICE) Form I-9 Audits , and the institution of a travel ban , among other things . In other words, immigration is a volatile area of the law at the moment.

As a result of this volatility, Johnstone Adams has created this blog, focused on news of interest and key changes in immigration law and administrative policies. In addition to current events, we will also post content of a more educational nature for those wishing to learn more about immigration generally.

We hope you will return regularly to our blog and find its content useful!

Supreme Court Upholds Travel Ban Proclamation

Tue, 26 Jun 2018 22:41:00 GMT

[et_pb_section fb_built=”1″ _builder_version=”3.0.47″ custom_padding=”0|0px|59px|0px|false|false”][et_pb_row _builder_version=”3.0.48″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.0.47″ parallax=”off” parallax_method=”on”][et_pb_text _builder_version=”3.18.9″]Relying on the President’s broad authority under 8 U.S.C. §1182(f) and 1185(a), the Supreme Court held the President lawfully exercised his discretionary powers under the law to suspend the entry of aliens into the United States. The Court’s Opinion emphasizes the law in question defers to the President with respect to such decisions, stating it “vests the President with ‘ample power’ to impose entry restrictions” and further noting that “[p]residents have repeatedly exercised their authority to suspend entry on the basis of nationality.” The Court held the Proclamation is squarely within the scope of the President’s authority. The President only had to show that the entry of the covered aliens “would be detrimental to the interests of the United States,” and found the President fulfilled this obligation by including comprehensive details and assessment of the national security risks in the text of the Proclamation. With respect to the President’s statements calling for a Muslim ban, the issue before the Court was “not whether to denounce the statements” but the significance of those statements on the President’s Proclamation, which did not contain the same statements and is facially neutral. The Court found the “Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices,” and emphasized the text “says nothing about religion.” As a result, the Court upheld the Proclamation finding it was neutral on its face and relied on legitimate purposes related to national security.

Following the Supreme Court’s ruling today, entry of foreign nationals from the following seven countries will be restricted to some degree: Iran, North Korea, Syria, Libya, Yemen, Somalia, and Venezuela. The Proclamation does provide for case-by-case waivers when a foreign national demonstrates undue hardship, and that his or her entry is in the national interest and would not pose a threat to public safety. However, Justice Breyer notes in his dissent there is no evidence the Government is applying the Proclamation as written with respect to the issuance of waivers. Justice Breyer points out that while “[t]he Proclamation provides that the Secretary of State and the Secretary of Homeland Security ‘shall coordinate to adopt guidance’ for consular officers to follow when deciding whether to grant a waiver,” to his knowledge no guidance has issued. Consequently, the actual process and potential availability of any such waivers remains unclear.
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AG Sessions Announces DACA Is Being Rescinded

Tue, 05 Sep 2017 22:48:00 GMT

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This morning, U.S. Attorney General Jeff Sessions announced that the U.S. Department of Homeland Security will begin to wind down the Deferred Action for Childhood Arrivals (DACA) program. No new initial applications or related applications filed after today will be processed. However, no current beneficiaries will be affected before March 5 of next year.
In making the announcement, Sessions cited the Trump Administration’s belief that DACA was unconstitutional and that engaging in a legal battle to preserve it would be futile. Sessions also called on Congress to act if it wished to preserve DACA, echoing President Trump’s earlier Tweet, and pushed for adoption of the RAISE Act . Many details of the wind down remain unknown at this time.

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Celia J. Collins Named 2018 Best Lawyers Lawyer of the Year in the Mobile Area

Wed, 16 Aug 2017 23:07:00 GMT

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Johnstone Adams LLC wishes to congratulate Celia J. Collins for being named the 2018 Best Lawyers Lawyer of the Year in the Mobile area in Labor Law – Management.
Read the full press release here .

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Johnstone Adams LLC Attorneys Named to 2018 Best Lawyers List

Wed, 16 Aug 2017 23:00:00 GMT

Johnstone Adams LLC would like to congratulate the following attorneys named to 2018 The Best Lawyers in America list:

Celia J. Collins (Labor and Employment Litigation, Labor Law – Management, Employment Law, Management, Workers’ Compensation Law – Employers)
William H. Hardie (Commercial Litigation, Banking and Finance Litigation)
Ben H. Harris (Workers’ Compensation Law – Employers)
Wade B. Perry (Health Care Law, Labor and Employment Litigation, Employment Law – Management)
Lawrence J. Seiter (Construction Litigation, Workers’ Compensation Law – Employers)
Charles C. Simpson (Insurance Law, Commercial Litigation, Real Estate Litigation)
E. Watson Smith (Employee Benefits (ERISA) Law, Tax Law)
Tracy P. Turner (Workers’ Compensation Law – Employers)
R. Gregory Watts (Tax Law, Trusts and Estates)
Read the full press release here .

President Trump Throws Support Behind Immigration Bill

Wed, 02 Aug 2017 23:26:00 GMT

In a speech on Wednesday, August 2, 2017, President Trump vocalized strong support for the Reforming American Immigration for a Strong Economy (RAISE) Act, previously proposed by Senators Tom Cotton and David Perdue. The RAISE Act would fundamentally alter immigration priorities in the United States, limiting access to family based immigrant visas, such as for brothers and sisters of U.S. citizens, in favor of employment-based visas. The Act would also end the diversity visa lottery and place a limit on the number of annual refugee admissions.

President Trump stated that he believes the United States should implement a merit-based system that favors highly educated or skilled English-speakers. In all, it is estimated that the RAISE Act would cut annual U.S. immigration by fifty percent (50%).

Politically, the Act likely has little chance of passing in the Senate and will face fierce opposition from immigrant rights groups, Democrats, and even some Republicans. However, President Trump’s willingness to support such legislation indicates that immigration remains a priority for the Administration.

Travel Ban 2.0 Up and Running

Fri, 30 Jun 2017 23:33:00 GMT

On June 26, 2017, the U.S. Supreme Court allowed parts of President Trump’s “travel ban” to move forward, and it will hear oral arguments on the entire case this fall. The travel ban went into effect Thursday evening, June 29, 2017.

In its opinion, the Court held that foreign nationals from the six named countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen — with no “bona fide relationship” to the United States can be barred from entry pursuant to the recent executive orders. The Court gave several examples of what should qualify as a “bona fide relationship”: (1) people with a “close familial relationship” to someone in the United States; (2) students admitted to a university in the United States; (3) workers who have accepted an offer of employment United States company; and (4) lecturers invited to speak in the United States. In practice, this ruling is not likely to impact most foreign nationals seeking entry into the United States, but for those without a clear relationship to the United States, it creates yet another barrier to entry and places an even larger amount of discretion in the government’s hands. For full text of the Supreme Court’s ruling, click here .

Immigration Law Alert: Executive Orders Reshape U.S. Immigration Policy

Thu, 26 Jan 2017 23:35:00 GMT

Johnstone Adams White Paper on Executive Orders on Immigration

Revised Feb. 1, 2017.

USCIS Releases Revised Form I-9, Employment Eligibility Verification

Mon, 09 Jan 2017 23:38:00 GMT

On Nov. 14, 2016, USCIS released a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N through January 21, 2017. However, the best action is for employers to take this time to review their new-hire paperwork to ensure that they are using the new Form I-9, dated 11/14/2016. Failure to use the new Form I-9 after January 21, 2017, may result in fines and penalties. The new form can be accessed on USCIS’s website at https://www.uscis.gov/i-9 . Read the USCIS press release regarding the new Form I-9 here: https://www.uscis.gov/news/news-releases/uscis-revises-form-i-9-used-all-new-hires-us .

New Overtime Regulation Suspended: What Happens Now?

Wed, 23 Nov 2016 14:43:00 GMT

Johnstone Adams White Paper on Suspension of New White Collar Overtime Regulation

Victoria de Trump Exige Una Accion Inmediata Sobre La Inmigracion

Fri, 11 Nov 2016 14:51:00 GMT

Mientras que muchas presidente electos hacen que no se puedan entregar “Día 1,” grandes promesas, Presidente Electo de Donald Trump en realidad será capaz de cumplir algunas de sus promesas de inmigración cuando el ponga un pie en la oficina oval. Como es probable que sea mucho más restrictiva que la de su política general de inmigración del Presidente Obama, es necesario que los extranjeros en los Estados Unidos tomar medidas inmediatas para obtener un estatus legal. Para empezar, se espera que Trump vaya a terminar el programa de Acción Diferida para los Llegados en la Infancia (DACA). DACA fue creado por Orden Ejecutiva, ya que es el resultado del ejercicio de la administración de Obama de lo que se conoce como “discreción del fiscal.” En esencia, la Administración Obama reconoció que había recursos limitados y que ciertos individuos, como los llegados a los Estados Unidos en la infancia, no debe ser el objetivo de expulsión de alta prioridad. Del mismo modo, se espera que Trump invalidará o reescribir el Departamento de Seguridad Nacional de 20 de noviembre de 2014 memorando discrecionalidad de enjuiciamiento que esbozó las prioridades de control de inmigración EE.UU. La combinación de estos dos eventos tendría un impacto negativo a un gran número de extranjeros actualmente en los Estados Unidos. Si usted tiene alguna base para obtener un estatus legal, ahora es el momento de actuar. Trump no toma el cargo hasta finales de enero, proporcionando un período de dos meses para prepararse para su administración. Además, si bien algunas acciones como los descritos anteriormente, pueden pasar durante la noche, tomará su administración más tiempo para reasignar los recursos necesarios para comenzar implementando agresivamente sus políticas. Para descubrir sus opciones, llame a un abogado de inmigración en Johnstone Adams hoy al (251) 432-7682 o llamando gratis al (866) 732-3267 , o visite nuestro sitio web . .

Trump Victory Demands Immediate Action on Immigration

Fri, 11 Nov 2016 14:46:00 GMT

While many president-elects make grandiose, undeliverable “Day 1” promises, President-Elect Donald Trump will actually be able to deliver on some of his immigration promises as soon as he steps foot in the oval office. As his overall immigration policy is likely to be much more restrictive than that of President Obama, foreign nationals in the United States need to take immediate action to obtain legal status. For starters, Trump is expected to end the Deferred Action for Childhood Arrivals (DACA) program. DACA was created by Executive Order, as it is the result of the Obama Administration exercising what is known as “prosecutorial discretion.” Essentially, the Obama Administration recognized it had limited resources and certain individuals, such as those brought to the United States as children, should not be high priority deportation targets. Likewise, it is expected Trump will invalidate or rewrite the U.S. Department of Homeland Security’s November 20, 2014 prosecutorial discretion memorandum that outlined immigration enforcement priorities. The combination of these two events will negatively impact a large number of foreign nationals currently in the United States. If you have any basis for obtaining lawful status, now is the time to act. Trump does not take office until January 20, 2017, providing a two-month period to prepare for his administration. Moreover, while some actions, like those outlined above, may happen overnight, it will take his administration more time to reallocate the resources necessary to begin aggressively enforcing his policies. To discover your options, call a Johnstone Adams immigration attorney today at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website . Se Habla Español.

Tiffany Smith Joins Firm

Mon, 12 Sep 2016 14:54:00 GMT

The Firm is pleased to announce that Tiffany Smith has recently joined the firm as an associate. Tiffany received her J.D. degree from the University of Alabama School of Law in 2009 after graduating cum laude from Auburn University with a B.A. in English and Spanish. Her practice primarily focuses on general commercial litigation and the representation of construction clients in surety claims, bond issues, and disputes with subcontractors. She also has experience in the fields of eminent domain, condemnation, state and local government law, and representation of government employees. Tiffany is approved to serve as a State of Alabama Deputy Attorney General to the Alabama Department of Transportation, and she is licensed to practice law in Alabama and Mississippi.

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Johnstone Adams Congratulates its Attorneys Listed in the 2017 Edition of Best Lawyers

Fri, 26 Aug 2016 15:02:00 GMT

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Employment Law Group in Demand After New Overtime Exemption Regulations Released

Mon, 20 Jun 2016 15:18:00 GMT

In its continuing effort to update clients on significant legal developments, four members of the Johnstone Adams employment law group, Bo Perry , Celia Collins , Jessica Welch , and Emily Crow , recently presented a breakfast briefing on the amended Overtime White Collar Exemption Regulations to clients and friends. Collins and Welch also presented the topic, geared specifically to non-profit corporations, at the June meeting of the United Way of Southwest Alabama Agency Directors. Collins will repeat the program again at the Women’s Business Center of Southwest Alabama’s upcoming training session for small business owners.

Contact any member of our employment law group for further information or if you have questions about this topic.

Congratulations Celia Collins on being the Mobile Bar Association Women Lawyers 2016 Trailblazer

Fri, 10 Jun 2016 15:20:00 GMT

On May 24, 2016, MBAWL honored Celia Collins at its 5th Annual Trailblazer Tea. Read more in the June 2016 edition on page 6 of the following: http://mobilebar.com/bulletin/#1462234726987-8c1b47d3-ed5f

DOL Releases Final Regulations on FLSA White-Collar Exemption

Thu, 19 May 2016 15:23:00 GMT

The long-awaited final regulation on the FLSA white collar exemption was released on May 18, 2016. Pursuant to the new regulation, any employee whose salary is less than $47,476 ($913 per week) will no longer be eligible for the exemption, regardless of whether the employee meets the “duties” test for Executive, Administrative or Professional classification. For employees below the threshold, employers will be required to maintain accurate records of hours worked, including travel and remote time and accurate records of rest periods and breaks. Employers will further be required to pay overtime at the rate of 1 ½ times the employee’s hourly rate for all hours worked in a workweek exceeding 40 hours.

Employers have just over 5 months to review their workforce statistics, determine which employees will lose exempt status and make adjustments to comply with the law, either by adjusting the salary upward to meet the minimum, reclassifying the employee as an hourly employee or restructuring the workforce and or business operations.

The salary minimum will be adjusted every 3 years beginning January 1, 2020, thus requiring employers to reanalyze every 3 years to ensure continued compliance. The new regulation does allow a limited percentage of discretionary bonuses, incentive pay and commissions to be aggregated with the salary amount to determine whether the threshold is met.

The regulation is expected to have particularly negative impact on small business and non-profit agencies.

To speak with a Johnstone Adams Labor & Employment attorney regarding how these regulations may affect your business, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Spencer Larche Elected President of Business Resource Professionals Chapter of BNI

Fri, 13 May 2016 15:28:00 GMT

On May 12, 2016, Spencer Larche was elected President of the Business Resource Professionals Chapter of BNI . BNI is an international organization focused on developing long-term, meaningful relationships among quality business professionals.

Congratulations on 50 years with the Mobile Area Chamber of Commerce!

Wed, 11 May 2016 15:35:00 GMT

Johnstone Adams, LLC is proud to celebrate its 50 year anniversary as a member of the Mobile Area Chamber of Commerce as mentioned in the April 2016 edition of The Businessview .

Labor Board Expands Definition of Joint Employer

Thu, 03 Dec 2015 15:41:00 GMT

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Johnstone Adams Congratulates its Attorneys Listed in the 2016 Edition of Best Lawyers

Thu, 24 Sep 2015 15:51:00 GMT

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Amercian Bar Association Labor and Employment Section spotlights Celia Collins

Thu, 10 Sep 2015 15:59:00 GMT

http://www.americanbar.org/groups/labor_law/news_announcements/spotlight.html

Emily Crow selected for Executive Committee for the Young Lawyers Section of the Alabama State Bar

Wed, 12 Aug 2015 16:05:00 GMT

Johnstone Adams, LLC is pleased to announce that attorney Emily A. Crow was recently selected to Executive Committee for the Young Lawyers’ Section of the Alabama State Bar.

Celia Collins Elected Secretary NCWBA

Wed, 12 Aug 2015 16:02:00 GMT

On August 1, 2015 Celia Collins attended the National Conference of Womens Bar Association Womens Leadership Summit and annual meeting in Chicago. Celia was elected Secretary of the NCWBA Board of Directors.

Jessica Welch Selected for Inaugural Class of Connect Mobile Young Professionals Program

Fri, 13 Mar 2015 16:45:00 GMT

Johnstone Adams, LLC attorney Jessica L. Welch was recently selected for the inaugural class of the Connect Mobile Young Professionals Program. Connect Mobile is a leadership development program that provides up-and-coming leaders the opportunity to develop new skills and acquire the resources necessary to engage in their community. Sponsored by Mobile United and similar to the existing Leadership Mobile Program, Connect Mobile is designed to engage professionals ages 21-35 in the Mobile area who are interested in gaining leadership skills and becoming trustees in the community. Program participants will identify a community need and design an extensive community service project based on that need, which they will implement throughout the year in the Mobile area. Ms. Welch is a 2011 graduate of the University of Alabama School of Law and a 2012 graduate of Georgetown University Law Center, where she completed an LL.M Program in Taxation and a Certificate in Estate Planning. Ms. Welch regularly advises clients in the areas of business and corporate law, healthcare law, and ERISA, tax, trusts and estate law.

H-1B Filing Season Is Here!

Wed, 18 Feb 2015 16:50:00 GMT

H-1B Season is upon us once again! If you are an employer who intends to sponsor a first-time H-1B worker during the next federal fiscal year (i.e., starting October 1, 2015), we would strongly recommend filing your application on the very first day that the U.S. Citizenship & Immigration Services (USCIS) begins accepting them April 1, 2015. For those unfamiliar with the process, USCIS grants 65,000 new H-1B visas per fiscal year to individuals possessing at least a bachelors degree in a specialty field and an additional 20,000 H-1B visas to individuals with masters degrees from U.S. universities. In years when USCIS receives more H-1B petitions than available visas, any petitions filed after the cap is reached are rejected. However, if USCIS receives more petitions than the cap would allow during the first few filing days, then a lottery process is used to see which petitions are accepted for processing and which are rejected. In other words, file early! We encourage you to take stock of your H-1B needs now and get a jump on this years process. To discuss how your business may utilize H-1B visas, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Expanded DACA / DAP Put on Hold at Last Second

Wed, 18 Feb 2015 16:47:00 GMT

On Tuesday, February 17, 2015, a federal district judge in Texas issued a temporary injunction of expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of US Citizens and Lawful Permanent Residents (DAP). The injunction temporarily prevents the U.S. Department of Homeland Security (DHS) from accepting applications for the DACA expansion and DAP. The ruling will be appealed, though it is uncertain how long a decision will take. It is important to note that this ruling does not affect individuals that are eligible for the existing DACA program. Such individuals may still apply and receive a decision on their applications. Only the new programs, one of which (expanded DACA) was to begin today, are impacted. Our immigration attorneys will continue to monitor this story as it develops. However, if you think you may be eligible for traditional DACA, expanded DACA, or DAP, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 for a free consultation , or visit our Website . It is never too early to begin planning your course of action.

Expanded Deferred Action for Childhood Arrivals Is Finally Here

Mon, 16 Feb 2015 16:54:00 GMT

USCIS is finally ready to begin accepting applications for the expanded Deferred Action for Childhood Arrivals (DACA) program, which was announced by President Obama last year. Applications can be submitted starting this Wednesday, February 18, 2015. Under expanded DACA, the age cap has been removed and the continuous presence date has been advanced to January 1, 2010. In addition, DACA will now be granted in three (3) year increments. If you think you may be eligible for expanded DACA, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 for a free consultation , or visit our Website . ** UPDATE ** Expanded DACA Temporarily Enjoined

Tech Bill Aims to Increase H-1B Cap

Thu, 15 Jan 2015 17:00:00 GMT

A bipartisan bill was introduced this week in the Senate that was directed at increasing the availability of visas for workers in the technology sector. The Immigration Innovation Act would call for a near doubling of the available H-1B visas to 115,000, and in some cases, the number could swell to 195,000, depending on demand. While comprehensive immigration reform remains a long-shot, many hope that Democrats and Republicans can jointly address small pieces of the puzzle, such as the alleged shortage of skilled U.S. technology workers. Johnstone Adams will be monitoring this and any other proposed immigration legislation as they move forward through Congress. To discuss how your business may benefit from this legislation or H-1B visas, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

DHS Redesignates Syria for Temporary Protected Status

Tue, 06 Jan 2015 18:42:00 GMT

On January 5, 2015, the U.S. Department of Homeland Security (DHS) redesignated Syria for temporary protected status (TPS) due to the ongoing civil strife. This redesignation will permit Syrian nationals who were eligible for TPS status but were not in the United States during the initial designation period to now apply for TPS and its attendant benefits. Individuals granted TPS cannot be detained by DHS on the basis of their immigration status in the United States. They can also obtain employment authorization documents and may be granted travel authorization. Filing for TPS does not impact ones eligibility for other immigration benefits, such as asylum. The initial 180-day registration period for new applicants will run between January 5, 2015, and July 6, 2015. If you or someone you know is a Syrian national who may be eligible for TPS, please contact a Johnstone Adams immigration attorney as soon as possible to discuss your case.

President Acts on Immigration; Attorneys Advocate Caution

Fri, 21 Nov 2014 18:45:00 GMT

On November 21, 2014, President Obama addressed the nation and explained the contents of his executive order on immigration. Johnstone Adams welcomed President Obama’s action, which was much-needed and will offer some protections for vulnerable immigrants. Johnstone Adams immigration attorneys see the results of our broken immigration system every day, and regardless of ones political views, the Presidents action will positively impact the system. Included in the far-ranging plan are some key items: Deferred Action for the parents of U.S. citizen and lawful permanent resident children who fit the eligibility requirements. Expansion of Deferred Action for Childhood Arrivals (DACA) to remove the age cap and move the continuous presence date up to January 1, 2010. DACA will now be granted for 3 years (including those with pending renewal applications). Replacement of the controversial Secure Communities program with a “Priority Enforcement Program” program the details of which are still unclear. Allowing spouses and children of lawful permanent residents to apply for unlawful presence waivers from within the U.S. and ensuring appropriate standards for adjudicating those waivers. Changing the procedures for adjustment of status to allow legal immigrants caught in the immigration quota backlogs to register their applications and thus begin the final step of the process. While a lot of the details are still waiting to be filled in, we know that many of these changes will make a significant impact on the lives of our clients. What we’re most concerned about right now is that people will be taken advantage of by notarios and unlicensed consultants who will use this announcement to try and scam people. The reality is that no new application forms are available yet and the guidelines that will determine eligibility are not yet finalized. For now, those who may be eligible for the above programs should make contact with a licensed immigration attorney who can keep them apprised of the proper timing for eligibility determinations and the filing of immigration petitions. To find out how President Obamas executive action may affect you or your business, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Johnstone Adams’ 2014 Employment Law Seminar

Thu, 20 Nov 2014 18:47:00 GMT

As a service to our friends and clients, Johnstone Adams will be hosting its annual Employment Law Seminar on December 12, 2014, from 1:30 to 5:00 pm. The seminar will be held at the Battle House Hotel and will feature presentations from the firms lawyers on many hot topics in the employment law field, including Preparing for Retirement Plan Audits, an Affordable Care Act update, Supervisor Training, Retaliatory Discharge, Wage & Hour update, and EEOC Pregnancy Accommodation Guidelines. For information on the seminar, contact Helen Sewell at hss@johnstoneadams.com . To speak with an attorney on these or any other topics, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Johnstone Adams, LLC Among 2015 “Best Law Firms”

Tue, 04 Nov 2014 18:49:00 GMT

Johnstone Adams, LLC has been ranked in the 2015 “Best Law Firms” list by U.S. News & World Report and Best Lawyers for the Mobile, Alabama, metropolitan region in the following practice areas: Metropolitan Awards Tier 1, Construction Law Tier 1, Insurance Law Tier 1, Litigation – Banking & Finance Tier 1, Litigation – Construction Tier 1, Litigation – Real Estate Tier 1, Real Estate Law Tier 1, Tax Law Tier 1, Trusts & Estates Law Tier 1, Workers’ Compensation Law – Employers Tier 2, Admiralty & Maritime Law Tier 2, Banking & Finance Law Tier 2, Commercial Litigation Tier 2, Employment Law – Management Tier 2, Health Care Law Tier 2, Oil & Gas Law Tier 3, Labor Law – Management Tier 3, Litigation – Labor & Employment Firms included in the 2015 “Best Law Firms list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise. The 2015 Edition of “Best Law Firms includes rankings in 74 national practice areas and 120 metropolitan-based practice areas. The U.S. News Best Lawyers Best Law Firms rankings, for the fifth consecutive year, are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients and peers were asked to evaluate firms based on the following criteria: responsiveness, understanding of a business and its needs, cost-effectiveness, integrity and civility, as well as whether they would refer a matter to the firm and/or consider the firm a worthy competitor. ### About Johnstone Adams, LLC Johnstone Adams, LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: Admiralty Banking, Finance & Creditors’ Rights Business and Corporate including Business Dispute and Shareholder Rights Litigation Construction Litigation Employment, Labor and Workers’ Compensation Law ERISA, Tax, Trusts & Estates Forest Use Health Care including Mental Health Immigration including Employment, I-9 Compliance and Family Insurance Litigation: (1) Defense: Construction & Completed Operations; Major Claims & Professional Liability; (2) Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title Oil and Gas Real Estate, including Conveyancing, Environmental, & Zoning Real Estate Litigation, including Conveyancing, Lien Priorities, & Titles For more than a century, Johnstone Adams, LLC has striven to improve upon how it delivers legal services to its clients in this ever changing economic climate.

E-Verify to delete transaction records older than 10 years

Fri, 03 Oct 2014 18:57:00 GMT

Have you been using E-Verify more than 10 years? If yes, please download the new Historic Records Report before Dec 31, 2014. Effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted from the system. You will no longer have access in E-Verify to cases you created prior to December 31, 2004. E-Verify is taking this action to comply with the National Archives and Records Administrations retention and disposal schedule. E-Verify has created a new Historic Records Report. If you want a record of your cases that are more than 10 years old, you must download the new Historic Records Report before December 31, 2014. The report will include all transaction records for cases more than 10 years old. The report is only available until December 31, 2014. It is a best practice to record the E-Verify case verification number on the relating Form I-9. Employers are encouraged to retain the Historic Records Report with the Forms I-9. If you were not using E-Verify on or before December 31, 2004, you need not download the report. There will be no records to report. Will E-Verify delete records annually? Yes, E-Verify will delete transaction records more than ten years old annually. Employers will be advised each year when the Historic Records Report is available for downloading. For instructions on how to download your company’s transaction data go here: http://www.uscis.gov/sites/default/files/USCIS/Verification/E-Verify/E-Verify_Native_Documents/Instructions_to_Download_NARA_Reports_in_E-Verify.pdf Source: www.uscis.gov

Ten Johnstone Adams Attorneys Named to 2015 Best LawyersÂ® in America

Tue, 19 Aug 2014 18:58:00 GMT

Johnstone Adams, LLC is pleased to announce that twelve lawyers have been named to the 2015 Edition of Best Lawyers, the oldest and most respected peer-review publication in the legal profession. Best Lawyers has published its list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 65 countries. ÂBest Lawyers is the most effective tool in identifying critical legal expertise,Â said President and Co-Founder Steven Naifeh. ÂInclusion on this list shows that an attorney is respected by his or her peers for professional success.Â Lawyers on the Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing. Johnstone Adams would like to congratulate the following attorneys named to the 2015 Best Lawyers in America list: R. Larry Bradford (Litigation Â Construction) Celia J. Collins (Employment Law Â Management, Labor Law Â Management, Litigation Â Labor & Employment, WorkersÂ Compensation Law Â Employers) William H. Hardie (Commercial Litigation, Litigation Â Banking & Finance) Ben H. Harris, Jr. (WorkersÂ Compensation Law Â Employers) Wade B. Perry, Jr. (Health Care Law) Lawrence J. Seiter (Litigation Â Construction, WorkersÂ Compensation Law Â Employers) Charles C. Simpson, III (Commercial Litigation, Insurance Law, Litigation Â Real Estate) E. Watson Smith (Tax Law) Tracy P. Turner (WorkersÂ Compensation Law Â Employers) R. Gregory Watts (Tax Law, Trust & Estates)

Construction Surety On Public Project Is Responsible for Payment to a Lower-Tier Supplier Even When Its Principal May Not Be

Tue, 27 May 2014 19:00:00 GMT

On May 9, 2014, the Alabama Supreme Court ruled that a general contractors status as mere purchasing agent for a public owner does not relieve the general contractors surety from its obligation to pay a subcontractors supplier under a Little Miller Act payment bond. Purchasing agent agreements between the general contractor and owner are common in Alabama to take advantage of a public owners tax-exempt status as a public entity. The agreement typically provides that the owner, not the general contractor, has the obligation to pay for all materials and supplies. In the case before the Supreme Court, a supplier to a subcontractor did not get paid and sued to recover under the general contractors bond. Relying upon an established principle of suretyship, the surety took the position that it had no obligation to pay if its principal, the general contractor, had no such payment obligation. The Alabama Supreme Court disagreed, finding that it did not matter what agreement existed between the owner and the general contractor (the bond principal). As long as the supplier could satisfy the four-part test set forth in previous cases for recovery under the Little Miller Act, the surety would be liable under its payment bond. You can read the full opinion here in: Johnson Controls, Inc. v. Liberty Mutual Insurance Company. To speak with a construction attorney regarding how this ruling may affect your project, or if you have questions about another construction issue, call one of Johnstone Adams construction attorneys toll-free at 1-866-732-3267 , or use the contact function on our website.

Snapchat Settles FTC Charges That Promises of Disappearing Messages Were False

Wed, 21 May 2014 19:02:00 GMT

Snapchat, the developer of a popular mobile messaging app, has agreed to settle Federal Trade Commission charges that it deceived consumers with promises about the disappearing nature of messages sent through the service. The FTC case also alleged that the company deceived consumers over the amount of personal data it collected and the security measures taken to protect that data from misuse and unauthorized disclosure. In fact, the case alleges, Snapchats failure to secure its Find Friends feature resulted in a security breach that enabled attackers to compile a database of 4.6 million Snapchat usernames and phone numbers. According to the FTCs complaint, Snapchat made multiple misrepresentations to consumers about its product that stood in stark contrast to how the app actually worked. If a company markets privacy and security as key selling points in pitching its service to consumers, it is critical that it keep those promises, said FTC Chairwoman Edith Ramirez. Any company that makes misrepresentations to consumers about its privacy and security practices risks FTC action. Touting the ephemeral nature of snaps, the term used to describe photo and video messages sent via the app, Snapchat marketed the apps central feature as the users ability to send snaps that would disappear forever” after the sender-designated time period expired. Despite Snapchats claims, the complaint describes several simple ways that recipients could save snaps indefinitely. Consumers can, for example, use third-party apps to log into the Snapchat service, according to the complaint. Because the services deletion feature only functions in the official Snapchat app, recipients can use these widely available third-party apps to view and save snaps indefinitely. Indeed, such third-party apps have been downloaded millions of times. Despite a security researcher warning the company about this possibility, the complaint alleges, Snapchat continued to misrepresent that the sender controls how long a recipient can view a snap. In addition, the complaint alleges: That Snapchat stored video snaps unencrypted on the recipients device in a location outside the apps sandbox, meaning that the videos remained accessible to recipients who simply connected their device to a computer and accessed the video messages through the devices file directory. That Snapchat deceptively told its users that the sender would be notified if a recipient took a screenshot of a snap. In fact, any recipient with an Apple device that has an operating system pre-dating iOS 7 can use a simple method to evade the apps screenshot detection, and the app will not notify the sender. That the company misrepresented its data collection practices. Snapchat transmitted geolocation information from users of its Android app, despite saying in its privacy policy that it did not track or access such information. The complaint also alleges that Snapchat collected iOS users contacts information from their address books without notice or consent. During registration, the app prompted users to, Enter your mobile number to find your friends on Snapchat! Snapchats privacy policy claimed that the app only collected the users email, phone number, and Facebook ID for the purpose of finding friends. Despite these representations, when iOS users entered their phone number to find friends, Snapchat also collected the names and phone numbers of all the contacts in their mobile device address books. Snapchat continued to collect this information without notifying or obtaining users consent until Apple modified its operating system to provide such notice with the introduction of iOS 6. Finally, the FTC alleges that despite the companys claims about taking reasonable security steps, Snapchat failed to secure its Find Friends feature. For example, the complaint alleges that numerous consumers complained that they had sent snaps to someone under the false impression that they were communicating with a friend. In fact, because Snapchat failed to verify users phone numbers during registration, these consumers were actually sending their personal snaps to complete strangers who had registered with phone numbers that did not belong to them. Moreover as noted above, the complaint alleges that Snapchats failure to secure its Find Friends feature resulted in a security breach permitting attackers to compile a database of 4.6 million Snapchat usernames and phone numbers. According to the FTC, the exposure of this information could lead to costly spam, phishing, and other unsolicited communications. The settlement with Snapchat is part of the FTCs ongoing effort to ensure that companies market their apps truthfully and keep their privacy promises to consumers. Under the terms of its settlement with the FTC, Snapchat will be prohibited from misrepresenting the extent to which it maintains the privacy, security, or confidentiality of users information. In addition, the company will be required to implement a comprehensive privacy program that will be monitored by an independent privacy professional for the next 20 years. This case is part of a multi-national enforcement sweep on mobile app privacy by members of the Global Privacy Enforcement Network, a cross-border coalition of privacy enforcement authorities. The case is also coordinated with the Asia Pacific Privacy Priorities forums Privacy Awareness Week. The Commission vote to accept the consent order for public comment was 5-0. The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through June 9, 2014, after which the Commission will decide whether to make the proposed consent order final. Interested parties can submit written comments electronically or in paper form by following the instructions in the Invitation To Comment part of the Supplementary Information section. Comments in electronic form should be submitted online. NOTE: The Commission issues an administrative complaint when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000. The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTCs online Complaint Assistant or call 1-877-FTC-HELP ( 1-877-382-4357 ). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTCs website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources. Source: http://www.ftc.gov/news-events/press-releases/2014/05/snapchat-settles-ftc-charges-promises-disappearing-messages-were

Company to pay $80k under Consent Decree Ending Disability Discriminatoin Suit

Wed, 23 Apr 2014 19:04:00 GMT

CHICAGO – The federal district court in Chicago has entered a consent decree requiring Professional Freezing Services, LLC, a Southwest Side Chicago provider of logistical services to the refrigerated and frozen food markets, to pay $80,000 and provide other relief in order to resolve a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. In its lawsuit, the EEOC charged that Professional Freezing, which operates a largely refrigerated 165,000-square-foot facility near the intersection of the Stevenson Expressway and South Cicero Avenue, violated the Americans with Disability Act (ADA) when it refused to hire William Harvel because he had prostate cancer. A former employee later testified under oath at his deposition that he had heard company owner Edward Gryzwacz make derogatory statements about Harvel and his disability, including that he could not hire Harvel because he had cancer, and, in a best-case scenario, would end up wearing diapers.” Such alleged conduct violates the ADA. The EEOC filed suit (EEOC v. Professional Freezing Services, LLC, N.D. Ill. No. 04183) June 5, 2013 in U.S. District Court for the Northern District of Illinois after first attempting to reach a pre-litigation settlement through its conciliation process. The case was originally assigned to District Judge Ruben Castillo. The consent decree ending the case was signed by U.S. Magistrate Judge Susan Cox on April 15, 2014. In addition to requiring the company to make the $80,000 payment to Harvel, the two-year consent decree enjoins the company from engaging in any practice in the future that discriminates on the basis of disability, including refusing to hire qualified individuals because their disabilities, and it bars retaliation against individuals asserting their rights under the ADA. The decree also requires Professional Freezing to provide training to all employees, including Gryzwacz, regarding its obligations under the ADA with respect to the hiring of individuals with disabilities; to submit periodic reports to the EEOC about any complaints of disability discrimination; and to post a notice regarding the outcome of the lawsuit on its employee bulletin board for two years.

11th Circuit Says Waiving Future, Not Past, FMLA Rights Banned

Fri, 11 Apr 2014 19:08:00 GMT

The Eleventh Circuit said Tuesday that labor regulations prohibiting employees from waiving “prospective” rights under the Family and Medical Leave Act (FMLA) apply only to yet-to-occur violations of the statute, rejecting a former Hartford Fire Insurance Company employee’s argument in a lawsuit to invalidate a severance agreement.

USCIS Reaches FY 2015 H-1B Cap

Mon, 07 Apr 2014 19:10:00 GMT

“U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption. Before running a random selection process, USCIS will complete initial intake for all filings received during the filing period which ended today. Due to the high number of petitions, USCIS is not yet able to announce the date on which it will conduct the random selection process. A computer-generated process will randomly select the number of petitions needed to meet the caps of 65,000 visas for the general category and 20,000 under the advanced degree exemption. USCIS will reject and return filing fees for all cap-subject petitions that are not selected, unless found to be a duplicate filing. The agency will conduct the selection process for the advanced degree exemption first. All advanced degree petitions not selected will become part of the random selection process for the 65,000 limit. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2015 H-1B cap. USCIS will continue to accept and process petitions filed to: Extend the amount of time a current H-1B worker may remain in the United States; Change the terms of employment for current H-1B workers; Allow current H-1B workers to change employers; and Allow current H-1B workers to work concurrently in a second H-1B position. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.” – USCIS, Apr. 7, 2014.

EEOC More Than Doubles Fine for Failure to Post Required EEO Notices

Fri, 28 Mar 2014 19:20:00 GMT

Effective April 18, 2014, employers will face a fine of $210 for each instance of failing to post notices required by the EEOC advising employees of their rights under Title VII of the Civil Rights Act, the ADA, and the Genetic Information Non-discrimination Act. The current penalty is $110 per instance. The posters must be displayed by employers with 15 or more employees in a prominent and accessible place where notices to employees and applicants are currently maintained. Employers should review their bulletin boards and make sure that the most current versions of the EEO Poster are displayed and are not obscured or altered. To speak with an attorney on this or any other topic, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

OFCCP Final Rule Takes Effect for VEVRAA and Disability under Section 503

Thu, 27 Mar 2014 19:23:00 GMT

On March 24, 2014, a US Department of Labors Office of Federal Contract Compliance Programs (OFCCP) final rule takes effect that requires affirmative action compliance for individuals with disabilities under Section 503 of the Rehabilitation Act of 1973 and for protected veterans under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) . To speak with an employment attorney on how to comply with these new regulations, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

USCIS Releases Form I-9 Compliance Videos

Wed, 12 Feb 2014 19:39:00 GMT

U.S. Citizenship & Immigration Services (USCIS) just recently released three short video vignettes addressing the proper method of completing Form I-9. The short clips can be found on USCIS’ YouTube.com page or directly on USCIS.gov: Video 1 , Video 2 , and Video 3 . For help with your business’ I-9 compliance program, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Celia Collins Interviewed on Delay of Employer Mandate for Mid-Size Businesses

Wed, 12 Feb 2014 19:27:00 GMT

Celia Collins was recently interviewed by WKRG News 5 regarding the effect of the Obama Administrations delay of the Affordable Care Acts employer mandate for mid-size businesses employing between 50 and 99 employees. Collins remarked, “Big picture, I think it’s just going to make this whole healthcare reform thing more of a mess because it was all initially drafted for everything to work together and as they take it apart or unravel it piece-meal, things are not going to work as we’re already finding out. The full story and news segment can be found at WKRG.com . If you have questions about how the Affordable Care Act will affect you or your business, call Johnstone Adams to discuss at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Administration Delays Employer Mandate for Mid-Size Businesses

Tue, 11 Feb 2014 19:46:00 GMT

The Obama Administration announced on February 10, 2014, that it will delay enforcement of the Affordable Care Acts employer mandate for businesses employing between 50 and 99 employees. For these mid-size businesses, the employer mandate will not be implemented and enforced until 2016. In a further concession, the Obama Administration lowered its standards for businesses with over 100 employees, requiring insurance coverage to be provided for only 70% of such businesses full-time employees instead of the previously required 95%. The higher threshold will begin in 2016. If you have questions about how the Affordable Care Act will affect you or your business, call Johnstone Adams to discuss at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website.

Justice Department Reaches Settlement to Resolve Claim of Citizenship Status Hiring Discrimination in Waterloo, Iowa

Tue, 04 Feb 2014 19:49:00 GMT

The Justice Department announced January 30, 2014, that it has reached an agreement with the city of Waterloo, Iowa, resolving allegations that the city violated the anti-discrimination provision of the Immigration and Nationality Act (INA). The department initiated its investigation after a charge was filed by a work-authorized, lawful permanent resident alleging that the city refused to consider him for a fire fighter position because he was not a U.S. citizen. The departments investigation confirmed that the city of Waterloo improperly restricted fire fighter positions to U.S. citizens despite the fact that no law, regulation, executive order, or government contract authorized the city to legally restrict employment in such a manner under the INA. The investigation further revealed that the city of Waterloo had refused to consider the charging partys application on the basis of his citizenship status. Under the settlement agreement, the city of Waterloo must provide the charging party with another opportunity to apply for the position and must hire or otherwise compensate the charging party if the charging partys performance on the citys hiring tests confirm that he or she would have been hired in the absence of discrimination. In addition, the city of Waterloo will pay $13,000 in civil penalties to the United States and has agreed to make changes to its policies and practices to ensure unlawful citizenship requirements are not imposed, to provide training to city officials, and to be subject to monitoring by the department for one year. (Read Full Story) . If you are worried that your business policies may unlawfully discriminate against non-citizens, call Johnstone Adams to discuss at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Justice Department Settles Immigration-Related Discrimination Claim Against Massachusetts Staffing Agency

Tue, 04 Feb 2014 19:48:00 GMT

The Justice Department reached an agreement today with SD Staffing LLC (SD Staffing), a/k/a Atwork Personnel Services Inc., a company based in Methuen, Massachusetts, resolving claims that the staffing company engaged in citizenship status discrimination in violation of the Immigration and Nationality Act (INA). The departments investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that SD Staffing required work-authorized non-U.S. citizens to produce specific documents in connection with SD Staffings use of the E-Verify program. E-Verify is an Internet-based electronic verification system used by employers and administered by USCIS that confirms an individuals employment eligibility. The departments investigation confirmed that SD Staffing requested unnecessary documents to work-authorized non-U.S. citizens, but not to similarly-situated U.S. citizens. Under the settlement agreement, SD Staffing will identify and provide back pay to individuals who suffered lost wages between September 2011 and January 2014 as a result of the companys alleged discriminatory documentary practices; pay $10,500 in civil penalties to the United States; undergo training on the anti-discrimination provision of the INA; and be subject to monitoring of its employment eligibility verification practices for two years. (Read Full Story) . If you have questions on how to properly utilize E-Verify, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

Congratulations to Celia Collins on 2014 Accolades

Thu, 23 Jan 2014 19:51:00 GMT

Best Lawyers has recognized Celia Collins as Mobiles Lawyer of the Year in Employment Litigation Defense. Ms. Collins is also recognized in the 2014 editions of Best Lawyers and Super Lawyers in the areas of Labor and Employment Law and Workers Compensation. Ms. Collins was also honored by Martindale-Hubbell, which selected her for inclusion in the 2014 Martindale-Hubbell Bar Register of Preeminent Women Lawyers . This honor is reserved for women lawyers who have achieved the highest possible rating in both legal ability and ethical standards and who have been designated by their colleagues as preeminent in their field. Less than 5% of women lawyers have achieved this top rating.

ICE Ramps Up I-9 Enforcement

Mon, 13 Jan 2014 20:15:00 GMT

Immigration and Customs Enforcement (ICE) continues to open significantly more investigations and impose heavier fines over immigration-related offenses by employers compared to previous years. All employers are strongly encouraged to engage experienced outside immigration counsel to perform an audit of their I-9 Forms to confirm and gauge compliance levels on an annual basis. I-9 penalties for substantive and technical violations range from $110 to $1,100 per violation (one I-9 Form can have multiple violations) with the potential for penalties to be increased by up to 25%. The potential for large fines and escalating legal costs associated with an employer fighting I-9 penalties weighs heavily in favor of avoiding such liability through annual I-9 audits conducted by experienced immigration counsel. If Congress lets another year go by without passing comprehensive immigration reform legislation, ICE is expected to continue ramping up its enforcement efforts against employers. For help with your business’ I-9 compliance program, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

BALCA Vacates Supplemental Prevailing Wage Determinations

Fri, 27 Dec 2013 20:17:00 GMT

On December 3, 2013, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in The Matter of Island Holdings LLC (2013-PWD-00002). That decision vacated the supplemental prevailing wage determinations issued in light of the Department’s Interim Final H-2B Wage Rule (78 Fed. Reg. 24047, April 24, 2013). A class action complaint has been filed in the district court in the Eastern District of Pennsylvania, challenging the Island Holdings decision, CATA v. Perez , 13-CV-07213. After a full review of the Island Holdings decision and the district court complaint, the Department has decided to postpone action on the Island Holdings decision pending judicial review, as permitted by the Administrative Procedure Act, 5 U.S.C. § 705. This action is in the interest of justice, given the confusion and substantial disruption that would be created if the Department implemented the decision and it was subsequently overturned by the district court. Accordingly, all Office of Foreign Labor Certification actions related to the resolution of appeals in the supplemental prevailing wage decisions will be stayed, pending the resolution of the district court action. Source: U.S. Department of Labor: OFLC Announcements . To speak with a Johnstone Adams immigration attorney on this topic, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website .

USCIS Announces E-Verify Security Enhancement

Mon, 02 Dec 2013 20:18:00 GMT

USCIS has announced a powerful new security enhancement to E-Verify, but will it create endless problems for employers? On November 18, 2013, USCIS announced a new safeguard to E-Verify that was designed to detect and prevent fraudulent use of social security numbers (SSN). There is a huge black market comprised of individuals selling stolen social security numbers that belong to another individual. The new safeguard enables USCIS to lock a SSN that appears to have been stolen or misused, protecting the SSN from further potential misuse in E-Verify. USCIS will use a combination of algorithms, detection reports, and analysis to identify patterns of fraudulent SSN use and then lock the number in E-Verify. This will help deter and prevent fraudulent use of SSNs in the E-Verify system. An employee attempting to use a locked SSN will generate a Tentative Nonconfirmation (TNC). The employee receiving the TNC will then have the opportunity to contest the TNC directly with the Social Security Administration. For employers that have high turnover rates, such as those in the hospital industry, this new security feature has the potential to create an onslaught of new TNCs to managea burden that will be at the expense of the employer. Of course, this new lock feature can have negative consequences for U.S. citizen individual workers as well. For now, the jury remains out on whether this new feature will prove to be a useful new tool. To speak with a Johnstone Adams immigration attorney on this topic, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

Johnstone Adams 2013 Employment Law Seminar

Tue, 26 Nov 2013 20:20:00 GMT

As a service to our friends and clients, Johnstone Adams will be hosting its annual Employment Law Seminar on December 12, 2013. The seminar will be held at the Battle House Hotel and will feature presentations, panels, and discussions from the firms lawyers on many hot topics in the employment law field, including ADA accommodation, Obamacare, Gun Law & Workers Compensation, the Defense Against Marriage Act, and I-9 Enforcement. For information on the seminar, contact Helen Sewell at hss@johnstoneadams.com. To speak with an attorney on these or any other topics, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

USCIS Formally Recognizes Parole in Place for Immediate Relatives of Past and Present Military Personnel

Tue, 19 Nov 2013 20:22:00 GMT

On November 15, 2013, U.S. Citizenship & Immigration Services released a Policy Memorandum regarding an old remedy called parole in place. Essentially, the government may, in its discretion, parole an alien into the United States even though the alien is already physically present in the United States without inspection or admission. In most cases, an individual that is in the United States without inspection or admission must consular process overseas in order to become a lawful permanent resident because an alien cannot adjust status in the United States without having been lawfully admitted or paroled. This discretionary parole in place, though, would permit aliens who are paroled to adjust status without leaving the United States. Technically, this remedy is available to anyone, but it is generally granted only for urgent humanitarian reasons or significant public benefit. In this memorandum, USCIS directly states that parole in place would generally be an appropriate exercise of discretion for an alien that is the spouse, child, or parent of an active duty member of the U.S. Armed Forces, an individual in the Selected Reserve of the Ready Reserve, or an individual who previously served in the U.S. Armed Forces or the Selected Reserve of the Ready Reserve. If you or someone you know was previously ineligible for adjustment of status and believe that you may be eligible for parole in place, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267 , or visit our Website , to set up a consultation with one of our experienced immigration attorneys.

Alabama Immigration Law Softened by Settlement

Wed, 06 Nov 2013 20:25:00 GMT

On October 21, 2013, Alabama officials announced that they have reached a settlement with various immigrant and civil rights groups that provides for the removal of many of the harshest provisions contained in Alabamas H.B. 56, The Beason-Hammon Alabama Taxpayer & Citizen Protection Act . The settlement still must be approved by the court. The settlement eliminates provisions requiring public schools to determine students immigration statuses, making it illegal for anyone to conceal, harbor, or shield unauthorized immigrants, and invalidating contracts entered into by unauthorized immigrants, among other things. Notably, the settlement also contains an acknowledgement that local law enforcement cannot detain an individual solely on suspicion that the individual is an unauthorized immigrant. While a victory for unauthorized immigrants, H.B. 56 still maintains some of its teeth. E-Verify remains mandatory for Alabama employers, and unauthorized immigrants will still find it difficult to obtain certain state-provided items, such as drivers licenses, license plates, and business licenses, without proof of lawful status. To find out how H.B. 56 will affect you or your business, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

USCIS Update on E-Verify Post-Shutdown

Thu, 24 Oct 2013 20:27:00 GMT

USCIS recently issued an update to employers who are using E-verify on what to expect following the government resuming operations. For help with your business’ I-9 compliance program, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

ICE Changes Position on Pre-Population for Section 1 of I-9

Fri, 18 Oct 2013 20:29:00 GMT

The Immigrations and Customs Enforcement (ICE) Worksite Enforcement Unit has made an important shift from its previous position with respect to the electronic population of information in Section 1 of the I-9 by electronic programs. ICE had previously represented that pre-population of Section 1 by electronic I-9 programs was always prohibited. We suggest that employers wait for further formal guidance from ICE before implementing pre-population of Section 1 of the I-9 by electronic I-9 programs. For help with your business’ I-9 compliance program, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

Johnstone Adams Attorneys Selected for 2014 Best Lawyers

Thu, 17 Oct 2013 20:35:00 GMT

The Twentieth Edition of The Best Lawyers in America has selected eleven Johnstone Adams attorneys for inclusion in its 2014 publication: Celia J. Collins (Employment Law Â Management, Labor Law Â Management, Litigation Â Labor & Employment, WorkersÂ Compensation Law Â Employers) William H. Hardie (Commercial Litigation, Litigation Â Banking & Finance) Ben H. Harris, Jr. (WorkersÂ Compensation Law Â Employers) Wade...

AILA & USCIS Thwart Fake Attorney

Thu, 17 Oct 2013 20:34:00 GMT

After a tip from the American Immigration Lawyers Association (AILA) , U.S. Citizenship & Immigration Services (USCIS) apprehended a Tampa, Florida woman who was holding herself out as a licensed attorney. According to the report, Maria Virginia Constantinou, told immigrants that she was an attorney who could help them obtain immigration benefits from the federal government. After receiving legal fees, she falsified documents from USCIS to make the immigrants believe that paperwork had been submitted on their behalf. This case highlights the dangers of utilizing non-attorneys and notarios to handle your immigration matters. In many cases, these individuals are not familiar with the complexities of immigration law, and you and your loved ones will bear the brunt of their ignorance or outright fraud. Be careful, and go to an attorney you trust. To schedule a free consultation with an immigration attorney, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

Deportation of Non-Criminal Immigrants on the Rise

Thu, 17 Oct 2013 20:31:00 GMT

A recently released infographic indicates that only a small portion of new deportation filings, less than 15%, are based on alleged criminal activity. And, the rate at which non-criminal immigrants have been arrested for immigration violations has risen each year since 2010, indicating that the federal government is stepping up enforcement of immigration violations, even for otherwise law abiding individuals. In related news, President Obama recently stated that immigration reform would become his top priority once the fiscal crisis is over. With the announcement of a debt deal to end the federal government shutdown, reform may be just on the horizon. Now is the time to consult an immigration attorney about your needs and options. While immigration reform may lead to new possibilities, the options currently available to you may be closed. To make an informed decision, you need to be aware of your choices. To schedule a free consultation with an immigration attorney, call Johnstone Adams at (251) 432-7682 or toll-free at (866) 732-3267, or visit our Website .

Johnstone Adams Forms Health Care Reform Team

Wed, 19 Jun 2013 20:36:00 GMT

Earlier this year, Celia Collins , Bo Perry , and Spencer Larche formed a strategy and practice team of employment, health care, and business lawyers to ease our clients Affordable Care Act woes. Since ACAs enactment our lawyers have counseled clients on various provisions of the law as their effective dates approached and have spent considerable time analyzing the law and its regulations as they have been issued. The team has individually and collectively offered training on the law to various client and business groups. As the full force of the law approaches on January 1, 2014, these lawyers have combined their multidisciplinary skills to insure that our clients will have a lawyer knowledgeable in the particularized areas of the law to advise them on ACAs nuances and risks as it effects various aspects of their businesses.

Simpson and Seiter Win Precedent-Setting Title Insurance Case

Mon, 10 Dec 2012 20:38:00 GMT

On September 19, 2012, the U.S. District Court for the Northern District of Alabama granted judgment in favor of Mississippi Valley Title Insurance Company and dismissed the claims of a bank that complained it was left with a worthless piece of real estate after it foreclosed on the property. The bank made a construction loan to borrowers who built a home on acreage that was part of a long-shuttered Army base called Camp Sibert. Mississippi Valley issued a title insurance policy to the bank as part of the construction loan transaction. During World War II, the Army conducted chemical warfare training at Camp Sibert, and the Corps of Engineers had more recently performed environmental testing and cleanup in the Camp Sibert area, including the land immediately adjacent to the lot on which the bank foreclosed. After foreclosure, the bank noticed that the deed restricted use of the property to grazing purposes only. The bank blamed Mississippi Valley for not informing it of the restriction at the time of the loan transaction, and sued it for the difference between land that could be used only for grazing and land with no such restriction. The federal court, however, agreed with Simpson and Seiter s interpretation of relatively new Alabama legislation, The Alabama Title Insurance Act of 2001, and ruled that the Act prevented the bank from recovering from Mississippi Valley for the mistakes of its title agent in researching title to the property and reporting to Mississippi Valley. This is the first case out of either an Alabama state or federal court interpreting and applying the Act to bar such claims, and it changes the law as it had been set forth in several Alabama Supreme Court cases over the previous fifty years. This ruling was noted in the November 2012 edition of the Title Insurance Law Newsletter. The slip opinion can be found at 2012 WL 4344600.

Spencer Larche Joins the American Health Lawyers Association and the American Immigration Lawyers Association

Mon, 02 Jul 2012 20:39:00 GMT

Spencer H. Larche has recently joined the American Health Lawyers Association (AHLA) and the American Immigration Lawyers Association (AILA). Mr. Larche is a 2008 graduate of Marquette University Law School and is an active member of the Wisconsin and Alabama Bar Associations. Prior to joining Johnstone Adams, Mr. Larche practiced with Quarles & Brady, LLP, a Milwaukee-based law firm, in the Corporate Services Group, where he regularly advised clients on corporate governance, mergers & acquisitions, commercial law, franchise and distribution law, and commercial finance.

Superior Law Firm Rankings for 2012

Mon, 21 Nov 2011 20:41:00 GMT

The Mobile Law Firm of Johnstone Adams has been selected as a top-tier law firm for 15 different Metropolitan Mobile practice areas in the U.S. News Best Lawyers Best Law Firms rankings released this month and also ranked highly in 4 other areas. We were the only Mobile-headquartered firm ranked nationally in the area of Admiralty and Maritime Law. In addition, Martindale-Hubbell, the oldest legal ranking guide, has just released its first-ever Top Ranked Law Firms list to appear in Fortune Magazine for 2012. Out of 254,000 firms rated nationally by Martindale-Hubbell, only 1000 firms were selected, with just 25 firms of those firms being from Alabama. Johnstone Adams is one of only 4 Mobile-based firms to obtain that elite listing.

Spencer Larche Joins Firm as Associate

Thu, 13 Oct 2011 20:42:00 GMT

The Firm is pleased to announce that Spencer Larche has recently joined the firm as an associate. Spencer received a J.D. degree magna cum laude from Marquette University Law School in 2008 after graduating summa cum laude from Spring Hill College with a B.S. in Business. Prior to joining Johnstone Adams, he was with a Milwaukee-based law firm, where he practiced in the firms corporate services group. His practice primarily involved corporate mergers, finance, and other corporate matters. With Johnstone Adams, Spencer focuses on corporate and health care law. He is a member of the American Bar Association and State Bar of Wisconsin.

Greg Watts Honored as the Top Mobile Lawyer in Tax Law

Wed, 12 Oct 2011 20:44:00 GMT

Best Lawyers, one of the premier peer-review publications in the legal profession, has named R. Gregory Watts as the Mobile Best Lawyers Tax Law Lawyer of the Year for 2012. After more than a quarter of a century in publication, Best Lawyers is designating Lawyers of the Year in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the Lawyer of the Year. Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers. The lawyers being honored as Lawyers of the Year have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity. Steven Naifeh, President of Best Lawyers, says, We continue to believe as we have believed for more than 25 years that recognition by ones peers is the most meaningful form of praise in the legal profession. We would like to congratulate R. Gregory Watts on being selected as the Mobile Best Lawyers Tax Law Lawyer of the Year for 2012.

Johnstone Adams Adds Birmingham Lawyer Moves Offices

Tue, 01 Feb 2011 20:48:00 GMT

We are delighted to announce the addition of Larry Bradford to join our current member, Debbie Hembree , in Birmingham and that our offices have moved to the Bradford Building, located at 2020 Canyon Road, Suite 100, telephone number (205) 871-7733 . Mr. Bradford has been recognized by Super Lawyers in the area of Insurance Defense.

Firm Welcomes Watson Smiths Return

Mon, 10 Jan 2011 20:52:00 GMT

Johnstone Adams welcomes back E. Watson Smith , who completed a 4 year sojourn as Infirmary Health Systems, Inc. General Counsel after 35 years with Johnstone Adams, during which he was recognized by Best Lawyers in the fields of Tax, Employee Benefits, and Health Care Law.

Best Law Firms News

Sat, 30 Oct 2010 20:55:00 GMT

Johnstone Adams recently learned that it had been selected as a top tier law firm by Best Lawyers and U.S. News and World Report in the areas of Admiralty & Maritime Law, Banking and Finance Law, Construction Law, Employment Law Management, General Commercial Litigation, Health Care Law, Insurance Law, Labor Law Management, Oil & Gas Law, Real Estate Law, Tax Law, Trusts & Estates Law, and Workers Compensation Law Employers.

Greg Watts Honored as the Top Mobile Lawyer in Trust & Estates Law

Sat, 30 Oct 2010 20:54:00 GMT

Our partner Greg Watts has been named by Best Lawyers as the Lawyer of the Year for Mobile in the area of Trusts and Estates Law. Greg serves on the board of the American Institute on Federal Taxation.

Chamber of Commerce and Firm Seminars News

Wed, 20 Oct 2010 21:00:00 GMT

Johnstone Adams participated in the Chambers Annual Legal Seminar on September 14, 2010, where Celia Collins was a presenter. Johnstone Adams conducted its tenth annual Employment Law Seminar on October 20, 2010. Presenters were Celia Collins , Rick LaTrace , Bo Perry , and Tracy Turner . Topics included immigration, return-to-work, termination, and workers compensation, as well as recent developments in statutory and caselaw.

Celia Collins Attends Womens Leadership Summit

Tue, 31 Aug 2010 21:01:00 GMT

On August 5, 2010, Celia Collins attended the National Conference of Womens Bar Associations Womens Leadership Summit and annual meeting in San Francisco. Celia was recently elected to the NCWBA Board of Directors.

Ben Harris, Jr., receives Alabama State Bar’s Bill Scruggs Award

Mon, 19 Jul 2010 21:02:00 GMT

WILLIAM D. BILL SCRUGGS, JR.

SERVICE TO THE BAR AWARD

The purpose of this award is to honor the memory and accomplishments of William D. Bill Scruggs, Jr. and to encourage the emulation of his deep devotion and service to the Alabama State Bar by recognizing outstanding, long-term service by living members of the bar of this state to the Alabama State Bar as an organization. Ben H. Harris, Jr. of Johnstone Adams, Mobile, is this years recipient. He was president of the Alabama State Bar (1987-1988) and, during his tenure, led the ASB to create Attorneys Insurance Mutual, a captive insurance company. He was also responsible for the establishment of the Capital Representation Resource Center an organization which provides competent and effective counsel for those persons facing capital punishment. The IOLTA program was created during his term as president. In 1990, he was elected to represent Alabama in the ABA House of Delegates and, in 1992, he served as a member of the ABA Board of Governors. Today, he serves as president of the U.S. Court of Appeals for the Eleventh Circuit Historical Society. In his first Presidents Page in The Alabama Lawyer, he wrote: I can think of no better goal for this bar in this bicentennial year of the Constitution, than to remember the honor the law has bestowed upon each of us, and in so doing, recommit ourselves to bringing honor to the law. As former ASB Executive Director Reginald T. Hamner noted, Ben Harris is the complete package.

Seminar Speaker News Chuck Simpson and Rick La Trace

Tue, 13 Jul 2010 21:04:00 GMT

At the request of client Chicago/Commonwealth Land Title Insurance Company, our Chuck Simpson spoke at the recent 2010 Agency Underwriting Seminar held in Birmingham on July 12, 2010, and provided an Alabama Legal Update on cases applicable to title insurance underwriting. Rick La Trace , also a firm member, will speak on two topics in the coming months: Immigration for Employers at a September 16 Partners for Environmental Progress meeting and on real property foreclosures at an October 11 Mobile seminar hosted by the National Business Institute.

Super Lawyers features Two Johnstone Adams Lawyers for 2010

Thu, 17 Jun 2010 21:06:00 GMT

Johnstone Adams is pleased to announce that two of its lawyers have been designated as Super Lawyers in its 2010 Alabama listing. Those lawyers are Celia J. Collins in Employment and Labor Law and Wade B. Perry, Jr. in Healthcare Law. Additionally, the Firm is pleased to announce that its Celia J. Collins has been named as one of the top 25 women Super Lawyers in the State of Alabama.

Firm’s Watts Elected President of Catholic Group

Wed, 16 Jun 2010 21:08:00 GMT

Johnstone Adams lawyer, and Chairman of its Executive Committee, R. Gregory Watts , has recently been elected as President of the Catholic Foundation of the Archdiocese of Mobile, Inc., which is being formed by the Catholic Archdiocese of Mobile for the purpose of centralizing and managing diocesan investments and encouraging planned giving.

Johnstone Adams Lawyers and Staff Participate in Infirmary Foundations Tour de Health

Tue, 25 May 2010 21:10:00 GMT

Lawyers and Staff raised money and participated in the first annual Tour de Health Criterium sponsored by the Firms client the Infirmary Foundation, an affiliate of Infirmary Health System, Inc., on May 22, 2010. Celia Collins served on the steering committee and participated in the event, Bo Perry participated in the event, and numerous staff participated in the 2K run/walk.

Johnstone Adams Attorneys Take to the Stage for a Good Cause

Mon, 26 Oct 2009 21:12:00 GMT

Johnstone Adams attorney Barney March is among local attorneys who will perform in Broadway Briefs: Lawyers Take the Stage on October 29, 2009 from 6:30 to 9 pm at the Mobile Marriott. The production is presented by and proceeds benefit the Volunteer Lawyers Program in Mobile County. The Volunteer Lawyers Program is the pro bono branch of the Mobile Bar Association. Attorney Celia Collins , who also appears in the production, led the VLP committee which produced the fund-raising event. Tickets are $50 and table sponsorships are available. Seating is limited and reservations are required. Call 251-438-1102, or visit www.vlpmobile.org . For complete story see: Mobile Lawyers Take to the Stage

Best Lawyers News

Mon, 31 Aug 2009 20:46:00 GMT

Twelve attorneys from Johnstone, Adams, Bailey, Gordon & Harris, L.L.C. have been voted by their peers for inclusion on The Best Lawyers in America list for 2010. The Best Lawyers list incorporates numerous specialties and is compiled by a comprehensive peer review where top lawyers in the United States cast their vote on their professional peers. Those from Johnstone Adams who have been honored include: Scott A. Browning (Health Care Law), I. David Cherniak (Construction Law and Real Estate Law), Alan C. Christian (Banking Law and Oil and Gas Law), Robert E. Clute, Jr. (Real Estate Law), Celia J. Collins (Labor and Employment Law and Workers Compensation Law), William H. Hardie (Commercial Litigation), Ben H. Harris, Jr. , (Workers Compensation Law), John F. Janecky (Workers Compensation Law), Wade B. Perry, Jr. (Health Care Law), Charles C. Simpson (Insurance Law and Real Estate Law), Tracy P. Turner (Workers Compensation Law), and R. Gregory Watts (Tax Law and Trusts and Estates).

Johnstone Adams is proud to announce that nine of its lawyers have been listed as Best Lawyers: I. David Cherniak , Alan C. Christian , Celia J. Collins , William H. Hardie, Jr. , Ben H. Harris , Wade B. Perry, Jr. , Charles C. Simpson, III , Tracy P. Turner , and R. Gregory Watts .

Johnstone Adams Hosts Roundtable Forum with EEOC Commissioner

Tue, 28 Jul 2009 21:21:00 GMT

Johnstone Adams hosted a roundtable discussion led by EEOC Commissioner Constance Barker, a former Mobile attorney. Also speaking were the head of the Birmingham regional office of the EEOC, which oversees Alabama, Mississippi, and the Florida panhandle, the Chief Regional attorney, and the Director of the Mobile Office of the EEOC. Participants included prominent attorneys from both the plaintiff and defense labor and employment bar. See newspaper article for more details: EEOC’s Constance Barker Speaks in Mobile

Bo Perry reappointed by Governor to Mental Health Board

Mon, 15 Jun 2009 21:24:00 GMT

Wade B. Perry, Jr. has recently been reappointed to the Mental Health Board of Trustees as a representative of the First Congressional District, effective immediately, with a term of service until April 10, 2012.

Super Lawyers Features Three Johnstone Adams Lawyers for 2009

Wed, 06 May 2009 21:25:00 GMT

Johnstone Adams is pleased to announce that three of its lawyers have been designated as Super Lawyers in its 2009 Alabama listing. Those lawyers are Celia J. Collins in Employment and Labor Law, Jack Janecky for Workers Compensation Law, and Wade B. Perry, Jr. in Healthcare Law. Additionally, the Firm is pleased to announce that its Celia J. Collins has been named as one of the top 25 women Super Lawyers in the State of Alabama.

Ben H. Harris, Jr. Elected President of the Eleventh Circuit Historical Society

Mon, 04 May 2009 21:26:00 GMT

During the Eleventh Circuit Judicial Conference on April 30, 3009, in Birmingham, AL, Ben H. Harris, Jr. , former president of the Alabama State Bar, was elected to a two-year term as President of the Eleventh Circuit Historical Society. The Societys mission is to capture and record the history of the federal courts in the Circuit and foster a public appreciation of the role and impact of the federal court system in the states encompassed by the Eleventh Circuit. Harris will lead a Board of Trustees composed of lawyers and legal scholars who represent the historical interests of the Circuit.

Johnstone Adams featured in Best’s Review

Fri, 01 May 2009 21:27:00 GMT

The May 2009 issue of Bests Review identified sixty-nine law firms that have been recommended by insurance company clients for at least 75 years. Additionally, Bests Review listed and recommended only six law firms beyond that milestone in one-page news articles as part of the feature. Johnstone Adams was one of those six law firms.

Chili and Shrimp Cook-Off News and Award

Sat, 18 Apr 2009 21:29:00 GMT

Again this year, Johnstone, Adams has actively and generously participated in the American Cancer Society s Chili Cook-Off. We also participated in Volunteer Mobile s Shrimp Cook-Off. Barney March serves as Board Member of Volunteer Mobile. Thanks to chef Kerin Hoffmann, secretary to Messrs. March and LaTrace, the Firm won the Peoples Choice Award for Best Shrimp Recipe for the second year in a row.

Johnstone Adams – a Finalist for Mobile Chamber’s Community Service Award

Tue, 20 Jan 2009 21:31:00 GMT

Prior to the Chambers 2009 Annual Meeting, the Mobile Area Chamber of Commerce recognized Johnstone Adams as a finalist for its 2008 Corporate Community Service Award.

Firm Honored by United Way

Fri, 09 Jan 2009 21:33:00 GMT

At the recent annual meeting of the United Way of Southwest Alabama, Celia Collins was elected to a second term on the Board of Trustees. Also, Johnstone Adams received an Employee Excellence Award for the outstanding level of contribution and participation of the Firm and its employees.

Johnstone, Adams Moves to New Mobile Location

Wed, 01 Oct 2008 21:52:00 GMT

After 32 years at 104 St. Francis Street, Johnstone, Adams has relocated its offices in Mobile to Suite 4000, One St. Louis Centre as of October 1, 2008. Greg Watts, Chairman of the Firms Executive Committee, notes that, while the previous location served our needs well, the larger new location provides a significant improvement to our working conditions and allows the entire firm to occupy only one floor and yet have an increased number of conference rooms. We would welcome our clients to visit our new offices at any time.

Super Lawyers News

Thu, 01 May 2008 21:53:00 GMT

Johnstone Adams proudly announces that three of its lawyers have been designated as Super Lawyers, Jack Janecky, Chuck Simpson, and Celia Collins, and that Super Lawyers has identified Celia as one of the top 25 women lawyers in the State of Alabama.

Shrimp Cook-Off, Chili Cook-Off News, and Wear Red Day

Mon, 21 Apr 2008 21:54:00 GMT

Again this year, Johnstone, Adams has actively and generously participated in the American Cancer Societys Chili Cook-Off. Also, we participated in Volunteer Mobiles Shrimp Cook-Off. Barney March serves as Board Member of Volunteer Mobile . Thanks to chef Kerin Hoffmann, Mr. Marchs secretary, the Firm won the Peoples Choice Award for the best shrimp recipe. A photograph of the winning chef and Mr. March is contained in this news item. The Firm also sponsored a Wear Red Day for womens heart awareness, including a luncheon for its lawyers and staff, to raise money for the American Heart Association.

Johnstone Adams L.L.C. named “Go To” Firm

Tue, 23 Oct 2007 21:56:00 GMT

Johnstone Adams L.L.C. was recently named as a Go To law firm in the area of financial services by Corporate Counsel Magazine , as selected by in-house law departments of the nations leading financial services companies.

Celia J. Collins elected Chair of the Labor and Employment Law Section

Mon, 08 Oct 2007 21:57:00 GMT

Celia J. Collins of Johnstone Adams has been elected Chair of the Labor and Employment Law Section of the Alabama State Bar Association. She was first elected to the Board of Directors of the Labor and Employment Section in 2004. Collins practices primarily in the area of labor and employment law and has been a member of the Alabama State Bar since 1980.

Johnstone Adams Adds Lawyers

Wed, 30 May 2007 21:59:00 GMT

The Firm is pleased to announce that Brad Dean and Matt Bauer have joined the Firm as associates. Brad graduated from the University of Alabama School of Law in 2003 after receiving a B.S. from Spring Hill College in 1997 and an M.S.B.A. from Auburn University in 1999, majoring in human resource management. Brad practiced for three years with a firm in Jackson, Mississippi, prior to joining the Firm. Matt received a B.S. in Environmental Management Systems from L.S.U. in 1997, after which he had experience in environmental compliance while working with a private consulting firm. Subsequently, Matt graduated cum laude from Duquesne School of Law in 2004, and was awarded an L.L.M. in Admiralty from Tulane University in 2005.

Arthritis Walk-A-Thon, Shrimp Cook-Off, and Chili Cook-Off News

Fri, 25 May 2007 22:03:00 GMT

Firm Participates in Mobile Chamber Employment Seminar

Fri, 25 May 2007 22:01:00 GMT

In late May of 2007, Bo Perry and Celia Collins joined three other local leading employment lawyers in speaking at the first annual Mobile Chamber of Commerce Law Seminar.

Mr. Christian Successfully Obtains Supreme Court of Alabama Affirmation of Summary Judgment in Favor of Regions Bank

Tue, 27 Feb 2007 22:04:00 GMT

Our Mr. Christian was successful in defeating the contention of several pro rata guarantors of a borrower’s indebtedness to Regions Bank that their pro rata guaranty agreements were ambiguous, or provided for a pro rata reduction of their liabilities when several other pro rata guarantors first made payment of their respective pro rata guaranty obligations. The first set of pro rata guarantors made a payment in full of their obligations under their pro rata guaranty agreements executed at the same time as the second set of pro rata guarantors, reducing the original $2.1 million of indebtedness from the borrower to $1.4 million. The second set of guarantors alleged that the pro rata guaranty agreement gave them a credit for the earlier guarantor payments, thereby reducing their liability to a percentage of $1.4 million as opposed to a percentage of $2.1 million. The Supreme Court of Alabama disagreed and affirmed a summary judgment in favor of Regions Bank, noting that the arguments from the pro rata guarantors did not make sense. McCollough v. Regions Bank, No. 1040665 (Ala. October 6, 2006). Reported in Commercial Lending Litigation News (December 21, 2006, p. 2).

Johnstone Adams Proudly Reports Increased Community Involvement During 2006

Sun, 31 Dec 2006 22:05:00 GMT

Johnstone, Adams, LLC, with offices in Mobile and Baldwin Counties, proudly reports its increased community involvement during 2006, in addition to approximately twenty other boards on which its lawyers had been previously participating. Deborah B. Hembree was chosen for Leadership Mobile , E. Russell March III now serves on the Volunteer Mobile Board, Celia Collins was elected to the Board and as Secretary of the United Way of Southwest Alabama , Rick LaTrace was elected to the American Heart Association Board, E. Watson Smith was reelected to the Infirmary Foundation Board, Scott A. Browning was appointed to the Camp-Rap-A-Hope Board, and Wade B. Perry was made an Honorary Director of Dumas Wesley Center.

Johnstone Adams Promotes Health and Fitness For Members and Staff

Wed, 27 Dec 2006 22:07:00 GMT

Johnstone Adams has a strong commitment to health and fitness for members and staff. The firm has had a gym fee reimbursement program for several years, and routinely sponsors firm wide fitness challenges designed to keep the momentum going and make health and fitness fun. Recently the firm sponsored a challenge where firm employees who decided to participate earned a mile for every 15 minutes they exercised. The goal — to cover 100 miles over 13 weeks. The firm’s challenge for this Holiday Season,The Healthy Holidays Challenge, is for participants to either maintain or loose weight over the seven week period. Any participant who maintains their weight or loses weight over the Holidays will be a winner and receive an award. The person losing the greatest percentage of weight will win the grand prize the winners choice of dinner for two at an elegant restaurant, a spa day or the equivalent amount in a gift certificate for exercise clothes/equipment.

Johnstone Adams Attorneys Included in The Best Lawyers in America for 2007-2008

Wed, 06 Sep 2006 22:08:00 GMT

Nine attorneys from Johnstone, Adams, Bailey, Gordon & Harris, L.L.C. have been voted by their peers for inclusion on The Best Lawyers in America list for 2007. The Best Lawyers list incorporates numerous specialties and is compiled by a comprehensive peer review where top lawyers in the United States cast their vote on their professional peers. Those from Johnstone Adams who have again been honored include: Celia J. Collins (Labor and Employment Law), William H. Hardie (Commercial Litigation), Wade B. Perry, Jr. (Health Care Law), E. Watson Smith (Employee Benefits Law, Health Care Law and Tax Law), and R. Gregory Watts (Tax Law). Newly elected for this distinction are: John F. Janecky (WorkersÂ Compensation Law), Charles C. Simpson (Insurance Law), and Tracy P. Turner (WorkersÂ Compensation Law).

Attorneys Collins and Perry Obtain Judgment for Mobile Infirmary in Religious Discrimination Case

Thu, 20 Jul 2006 22:09:00 GMT

Celia Collins and Bo Perry successfully tried a religious discrimination case in U. S. District Court on behalf of Mobile Infirmary. The court held that the hospital satisfied its obligation to provide reasonable accommodation to an employee who developed a religious conflict with working sundown Friday to sundown Saturday.

Johnstone Adams Donates to Hurricane Katrina Relief Effort

Fri, 04 Nov 2005 22:12:00 GMT

In an effort to help local victims of Hurricane Katrina, Johnstone Adams made a substantial contribution to the Salvation Army for use in helping those suffering damage from Hurricane Katrina, particularly those in South Mobile County. Johnstone Adams Executive Committee chairman Greg Watts is pictured delivering a contribution check to Major David Waite of the Salvation Army. In addition to its monetary contribution, numerous Johnstone Adams attorneys are active volunteers and/or board members with local non-profit organizations that are providing various types of assistance to Hurricane victims including the Mobile Area Boy Scouts of America , Government Street Presbyterian Church, the Senior Bowl Committee , the YMCA of South Alabama and Volunteer Mobile . Johnstone Adams has a long tradition and a strong commitment to involvement in community service activities through monetary donations and volunteer activities.

Six Johnstone Adams Attorneys Included in The Best Lawyers in America for 2006-2007

Wed, 07 Sep 2005 22:14:00 GMT

Six attorneys from Johnstone, Adams, Bailey, Gordon & Harris, L.L.C. have been voted by their peers for inclusion on The Best Lawyers in America list for 2006. The Best Lawyers list incorporates 57 specialties and is compiled by a comprehensive peer review where top lawyers in the United States cast their vote on their professional peers. Those from Johnstone Adams include: Joseph M. Allen (Maritime Law), Celia J. Collins (Labor and Employment Law), William H. Hardie (Commercial Litigation), Wade B. Perry, Jr. (Health Care Law), E. Watson Smith (Employee Benefits Law, Health Care Law and Tax Law), and R. Gregory Watts (Tax Law).

SPECIAL NOTICE: POST HURRICANE KATRINA STATUS*

Tue, 06 Sep 2005 22:15:00 GMT

Johnstone Adams and its lawyers and staff survived Hurricane Katrina relatively unscathed. Our hearts and prayers go out to those in our community who were not so fortunate and to our neighbors to the west. We apologize that damage to our offices rendered us inaccessible last week. We are pleased to announce that we are now fully operational and look forward to serving your needs. We should note, however, that as of this date we are continuing to experience delays in delivery of U. S. Mail.

Chili Cook-off a Natural Fit For Johnstone Adams

Mon, 21 Feb 2005 22:16:00 GMT

Held last Saturday, the 16th annual Chili Cook-Off, was a fun-filled family event bringing the community together to benefit the American Cancer Society. This fund-raiser, which was held at Bienville Square in Mobile, had 78 teams, including Johnstone Adams, who joined forces with other area businesses and family teams to challenge one another in a heated competition cook-off to see who would place first. This will be a real opportunity for Johnstone Adams to give back to the community while spending time with our clients in a relaxing atmosphere, said Head Chef Barney March . Johnstone Adams has participated in the annual chili cook-off for three years. Their recipe featured chocolate as one of the main ingredients in the chili, which was noted by judges, chili enthusiasts and samplers alike. Johnstone Adams is also involved in other philanthropies such as the annual Shrimp Cook-Off benefiting Volunteer Mobile and the annual Arthritis Walk and Health Fair.

Attorney Celia Collins Speaks at ABI-CLE 2005 Corporate Compliance Seminar

Mon, 14 Feb 2005 22:18:00 GMT

Celia Collins spoke at the Alabama Bar Institute for Continuing Legal Education 2005 Corporate Compliance Seminar in Birmingham, Alabama on February 11, 2005. She served on a 3-member panel that spoke on “ Corporate Compliance – Post Sarbanes-Oxley: A Look at Individual Case Studies” . Collins also served on the planning committee for the 2005 conference. The Alabama Bar Institute For Continuing Legal Education is planned and sponsored by The University of Alabama School of Law.

Attorney Greg Watts speaks at the Federal Tax Clinic in Tuscaloosa

Thu, 18 Nov 2004 22:19:00 GMT

Greg Watts spoke at the 58th Annual Federal Tax Clinic in Tuscaloosa, Alabama on November 18. The topic of his talk was “Charitable Giving Alternatives in Alabama.” The Federal Tax Clinic is planned and presented jointly by The University of Alabama, the Alabama Society of Certified Public Acocuntants and the Alabama State Bar, and is attended by 300-400 CPAs and attorneys from all over the state. Mr. Watts gave a similar talk at the Mobile Estate Planning Seminar last year.

Scholorship Named in Honor of Charles B. Bailey, Jr. at University of Alabama School of Law

Thu, 11 Nov 2004 22:20:00 GMT

The University of Alabama Federal Tax Clinic Board of Directors has named the Charles B. Bailey, Jr. Scholarship at the University of Alabama School of Law in honor of Charles B. Bailey, Jr. The scholorship will be awarded annually for the next five years. The Board has selected Bailey because they consider him to be one of Alabama’s leading tax authorities. Mr. Bailey is a distinguished former Chairman of the Federal Tax Clinic.

Five Johnstone Adams Attorneys Included in The Best Lawyers in America for 2005-2006

Fri, 05 Nov 2004 22:22:00 GMT

Five attorneys from Johnstone, Adams, Bailey, Gordon & Harris, L.L.C. have been voted by their peers for inclusion on The Best Lawyers in America list for 2005-2006. The Best Lawyers list incorporates 30 specialties and is compiled by a comprehensive peer review where top lawyers in the United States cast their vote on their professional peers. Those from Johnstone Adams include: Joseph M. Allen (Maritime Law), William H. Hardie (Business Litigation), Wade B. Perry, Jr. (Health Care Law), E. Watson Smith (Employee Benefits Law, Health Care Law and Tax Law), and R. Gregory Watts (Tax Law).

Celia J. Collins Elected To The Board of Directors of The Labor & Employment Law Section of the Alabama State Bar

Tue, 05 Oct 2004 22:26:00 GMT

Celia J. Collins was elected to the Board of Directors of the Labor and Employment Law Section of the Alabama State Bar. Collins specializes in employment law and has been a member of the Alabama State bar since 1980. She has served on the commissioners board since 1998.

Celia J. Collins Elected to Third Term on Alabama State Bar Board of Bar Commissioners

Sat, 05 Jun 2004 22:28:00 GMT

Celia J. Collins has been reelected to a third term on the Alabama State Board of Bar Commissioners. Collins has served on the commissioners board since 1998 and was the second woman in the history of the State Bar to hold the position of Vice President of the Alabama State Bar when she was elected in 2003.

Johnstone Adams Participates in First Annual Shrimp Cookoff Sponsoring Volunteer Mobile

Sat, 22 May 2004 22:33:00 GMT

The first annual Shrimp Cookoff benefiting Volunteer Mobile took place Saturday,May 22. The event lured about 750 people to Cooper Riverside Park to try dishes prepared by area restaurants and company teams. Barney March, a cook with the Johnstone Adams law firm team, said the shrimp in a simple sweet tomato sauce with garlic and lemon, and cognac –heavy on the cognac– went fast Saturday. The attorneys and staff of Johnstone Adams enjoyed the community event which raised money for Volunteer Mobile.

Rick A. La Trace Passes Three Different State Bar Examinations During the Last 12 Months

Sun, 21 Sep 2003 22:36:00 GMT

Rick A. La Trace who joined the Mobile law firm of Johnstone, Adams, Bailey, Gordon & Harris, LLC in 2002, has passed three different state bar examinations – Alabama, Mississippi and Florida – during the last 12 months. La Trace earned Bachelor of Arts degrees in Criminal Justice and Psychology, summa cum laude , from St. Louis University in 1997. He graduated with honors from Illinois Institute of Technology’s Chicago-Kent College of Law in 2002. La Trace is a member of the Defense Research Institute, Alabama Defense Lawyers Association, the Mississippi Defense Lawyers Association, and the Mobile and American bar associations. He is the son of Richard and Georgia La Trace of Mobile.

Celia J. Collins Elected Vice-President of Alabama State Bar Association

Tue, 26 Aug 2003 22:37:00 GMT

Celia J. Collins, a member of Johnstone, Adams, Bailey, Gordon & Harris, LLC, in Mobile, was elected vice president of the Alabama State Bar by the Board of Bar Commissioners at its annual meeting in July at the Adam’s Mark Hotel. Collins has served on the commissioners board since 1998 and is the second woman in the history of the State Bar to hold this position.