On today’s episode, Richard Duquette discusses Corporate Culture and Bicyclist Part 3. Each corporation is unique and has its own bylaws. When dealing with the law, it is helpful to be completely fair and neutral. Tune in and learn about transparency, record keeping, and other related issues!
In the first episode of this series, Richard talked about rogue corporations, the different responsibilities, and particular case studies. The second episode tackled law and ethics, nonprofit categories, and other related topics.
There are things that can be done to promote nonprofits. And, group leaders have the responsibility to follow rules instead of their personal agenda.
Regardless of their type, corporations are required to keep a detailed record of their business. It includes records of finances and board meetings.
They may publish them online for the public to be aware of what’s happening. These records, however, should accurately reflect the things considered. Doing so helps minimize disputes.
Directors and officers may be removed per cause. Each corporation has its own procedures. Generally, the votes of the members count in the process.
The California Corporations Code Section 5221 specifies the grounds for removal. A director or officer may be removed if found guilty of: 1) unsound mind, 2) felony, and 3) breach of fiduciary duty.
To hear about Corporate Culture and Bicyclist Part 3, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette talks about Corporate Culture and Bicyclist Part 2. Listen as he shares some classic insights on nonprofit law and ethics!
The State of California has a bicycling community that has a wide array of nonprofit organizations. These organizations represent the bicyclists’ interests in a variety of ways.
The good thing about them is they help bring the bicyclists together. They share their passion, and provide foster education, information, advocacy, and support.
There are different nonprofit categories, as specified in 501(c)(3). Each has its own bylaws, which exist in context of and as a supplement to the principles in the statutory law.
By definition, a corporation is a creature--a legal entity. It includes nonprofits. The CA Corporations Code and the code 26 USC 501 are there for them for different purposes.
Each corporation has a specific purpose. Challenges, however, could arise from politics and other strifes. There are rules that could be helpful in dealing with them.
The first rule is to avoid conflict of interests and self dealing. The law requires corporations to have a board of directors and executive officers. They hold fiduciary duty, which entails them to act confidently in behalf of their respective corporations.
To hear about Corporate Culture and Bicyclist Part 2, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette shares some classic insights about Plaintiff's Attorneys and Reforming Corporate Culture. Society typically sees plaintiff’s attorneys as people who are just after money. This idea, however, is not necessarily true. Tune in to learn about what these attorneys do and how they can bring about change in the corporate world!
Honest corporate profitability drives the American economy. But, once in awhile, corporations have business practices that are sharp for Americans.
One example is when Volkswagen programmed 600,000 vehicles in the city for environmental protection agencies. Another example is when Wells Fargo created millions of unauthorized bank accounts and credit cards secretly. Such cases call for plaintiff’s attorneys.
Plaintiff’s attorneys look after rude corporations. They help level the playing field for the common people. Some of the things they do is deter the sharp practices.
They have a unique work relationship with insurers. Sometimes they’re together, and sometimes they go against each other. The good thing about insurers is they want to prevent liability to invest in safety and research.
The attorneys promote safety and accountability by filing lawsuits and sometimes class actions. The insurers don’t usually earn big amounts in these situations. Overall, both insurers and plaintiff’s attorneys are set to deter misfortune and bad acts.
To hear about Plaintiff's Attorneys and Reforming Corporate Culture, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette discusses GPS to the Bicyclists’ Rescue. Spending some amount for a GPS is worth it. Bicyclists never know when they could get into accident. Tune in and learn how a GPS can help you in a case!
Reconstructing a bicycle crash is becoming more scientific. There are ways to counter insurance and company tactics that tend to reduce the value of a claim.
Among which, is the use of a GPS. A gps device can help establish the general point of impact by providing the location and time. It is similar to the black box in airplanes.
The point of impact is often relevant when providing proof. It could mean the difference between winning and losing. It could also mean the difference between defeat and accusation by an insurance company.
The information from a GPS can show the geographical location of the accident. It can also show the direction of travel and ride history.
Richard recently won a case where a gentleman was run over by a Mercedes. They downloaded his GPS information, and saw where he was in relation to the offending vehicle.
It showed how far the gentleman original was before the Mercedes hit him. That strengthened the case against the reckless driver. For that, they received a substantial amount of money.
Again, the GPS can show whether the bicyclist was following the law and can also establish the point of impact. A GPS can be combined with a cycling data. If the jurors find a bicyclist following the rules, it increases his chances for recovery.
To generate illustrations or animations for the crash, computerized survey equipments can be used. Tune in for more insights!
To hear about GPS to the Bicyclists’ Rescue, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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© 2016 Law Firm of Richard L. Duquette
On today’s episode, Richard Duquette discusses Bicycling Drunk in California. Bicyclists sometimes violate the law for drunk driving. Tune in to know about its legal consequences, and understand how you can proceed with a case!
Richard sometimes sees bicyclists who come in groups. They travel from one bar to another, and leave drunk. However, it’s important to know that riding a bike while impaired has legal consequences.
It is classified as a misdemeanor. (For bicycling drunk in California, see California Vehicle Code Section 21200.5.) Not only does bicycling under influence give bicyclists the risk of losing their lives or fracturing their limbs, it also comes with legal consequences.
Unfortunately, experts and other proficient individuals can interpret the violation broadly. Some say that you are considered under influence when your blood alcohol content is 0.5, while some would argue for 0.8.
Either way, officers are expected to conduct a test to prove it. (See Missouri vs McNeely for example and insights.) For that, they need the bicyclist’s consent and a warrant.
When proven guilty, a bicyclist will pay $250 for a fine. He will not, however, go to prison. (See California Vehicle Code Section 40000.13.)
Since it is a misdemeanor, his license can also be suspended. (See Vehicle Code Section 13202.5.). Still, the risks are lower compared to that of a car.
Other CA Legal Code Discussed in Bicycling Drunk in California:
California Penal Code 1385
To hear about Bicycling Drunk in California, download and listen to the entire episode. Don’t forget to leave us a rating and review if you enjoyed the show. We would love to hear from you!
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© 2016 Law Firm of Richard L. Duquette