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Monday, October 13, 2008

Important News for Parents of Suttons Bay Children and Field Trip Permission Slips

Just posted at www.suttonsbaydepot.com

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Court Rules that Parents Cannot Sign Waivers for their Children to Avoid Lawsuits Against Schools, Churches, or Other Business Entities for Personal Injuries

The Michigan Court of Appeals recently decided that a child’s right to sue for a personal injury is not prohibited, even if that child’s parent or legal guardian signed a waiver of liability form. The case involved a 5-year-old child who broke his leg jumping from an inflatable slide at an indoor commercial “bounce facility”.

The Court of Appeals applied a common law rule that, “in Michigan, a parent has no authority merely by virtue of the parental relation to waiver, release or compromise claims of his or her child. Generally speaking, the natural guardian has no authority to do an act which is detrimental to the child.” The holding, then, is that absent a specific statutory exception to the common law rule, a parent may not bind his or her child to a pre-injury waiver of liability for injuries incurred in either a commercial or non-profit setting.

Unless the Michigan legislature enacts new law to address this situation, the ruling by the Court will have significant impact on both commercial recreation endeavors, schools and non-profit organizations including churches. For more information regarding this case, please contact us at 231-271-4500.


Dan A. Penning
Wright Penning & Beamer
Farmington Hills and Suttons Bay, Michigan
231-271-4500

The information contained in this publication is meant for informational purposes only and is not intended as legal advice. Laws and their application vary based upon a client’s unique facts and circumstances. Wright Penning & Beamer disclaims any responsibility for action taken in reliance on this publication without further consultation and analysis. For questions, please contact us at (231) 271-4500 or at dpenning@wrightpenning.com.

Monday, October 6, 2008

Bail-Out October 2008 FDIC Insurance Coverage Limit Will Temporarily Increase - New Interim Rules Better Safeguard Trust Account

Dan Penning, the Suttons Bay Attorney with Wright Penning & Beamer has provided this timely and topical "bail-out" information about FDIC Insured Institutions and how it could affect your trust accounts. Read more information on his blog at www.suttonsbaydepot.com.

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TAKE ADVANTAGE OF NEW INTERIM RULES TO BETTER SAFEGUARD TRUST ACCOUNTS AT FDIC INSURED INSTITUTIONS

(The $100,000 FDIC insurance coverage limit will temporarily increase to $250,000 upon President Bush’s signing of the “bail-out bill” passed in the House October 3, 2008. This increase is effective until December 31, 2009, at which time the insurance coverage will revert back to the $100,000 limit).

The FDIC has adopted an interim rule to simplify and modernize its deposit insurance rules for revocable trust accounts. Your living trust may be modified to take greater advantage of the new FDIC interim rule. Prior to the interim rule being adopted, all revocable trust accounts (both payable-on-death accounts and living trust accounts) were insured up to $100,000 per “qualifying beneficiary.” (A “qualifying beneficiary” was limited to the account owner’s spouse, child, or grandchild, parents, and siblings.) Under the interim rule, coverage is based on the existence of any beneficiary named in the revocable trust, as long as the beneficiary is a natural person, or a charity or other non-profit organization.

FOR ACCOUNTS TOTALING NO MORE THAN $500,000.

For account owners with revocable trust accounts totaling no more than $500,000, coverage will be determined without regard to the beneficial interest of each beneficiary in the trust. This issue typically arises in the context of a living trust that, for example, provides either varying lump-sum payments for designated beneficiaries or different percentage interests in trust assets to certain beneficiaries, or different remainder interests in the assets to the same or other beneficiaries. Under the new rules, a trust account owner with up to five different beneficiaries named in all his or her revocable trust accounts at one FDIC-insured institution will be insured up to $100,000 (temporarily $250,000 until Dec. 31, 2009) per beneficiary.

SPECIAL TREATMENT FOR ACCOUNTS TOTALING MORE THAN $500,000 WITH MORE THAN FIVE BENEFICIARIES.

Revocable trust account owners with more than $500,000 and more than five different beneficiaries named in the trust(s) will be insured for the greater of either: $500,000 or the aggregate amount of all the beneficiaries' interests in the trust(s), limited to $100,000 (temporarily $250,000 until Dec. 31, 2009) per beneficiary.

We recommend that trust account owners first ensure that the institution holding their funds is FDIC insured. We can help you determine the maximum FDIC insurance coverage amount of your trust account as it currently stands and how to better take advantage of the simplified interim rule. First and foremost, depositors should determine whether the institution holding their funds is maintaining solid footing in the financial industry during these uncertain times. Trust account owners may decide to move their funds to a more secure institution if they discover that their current institution is not equipped to handle the current financial predicament.

Dan A. Penning, Attorney
Wright Penning & Beamer
Farmington Hills and Suttons Bay, Michigan
231-271-4500

Sunday, September 14, 2008

Suttons Bay Lawyer Dan A. Penning of Wright Penning & Beamer in downtown Suttons Bay

Visit the law offices of Dan Penning in the Suttons Bay Depot

Wright, Penning & Beamer

In December, 2007, Wright Penning & Beamer acquired the practice of the late Stuart J. Hollander, located in the historic train depot. Dan Penning has a home in Suttons Bay, Michigan and any legal work originating in the Suttons Bay office will have the full resources of the entire firm at its command when needed.

The Suttons Bay Depot was built in 1920, and the adjoining train tracks accommodated travelers from 1903 until 1995. The tracks were removed in 1996 and the formation of the Leelanau Trail began. Stuart Hollander was instrumental in the successful development of the trail, which is now enjoyed by neighbors and visitors for hiking, biking and cross country skiing.

Stuart Hollander worked diligently to preserve and maintain a way of life in Leelanau County, both through the Leelanau Trail development and the work he performed for area residents through his law office -- including estate planning and business succession planning, among others. These areas of practice are among the strengths of Wright Penning & Beamer. It is their goal to provide the same level of expertise as that delivered so graciously by Mr. Hollander.

The lawyers at Wright Penning & Beamer provide legal services to over 100 corporations and business entities, including partnerships and non-profit corporations, as well as thousands of individual business owners and families. "The Power of Know" has served their clients well throughout Michigan, and they look forward to serving clients in Suttons Bay and the surrounding Leelanau County and Grand Traverse area from the Suttons Bay Depot.

P.O. Box 490
101 South Cedar Street
Suttons Bay, MI 49682
Phone: 231.271.4500
Fax: 231.271.4538
EMAIL: INFO@WRIGHTPENNING.COM

Tuesday, August 5, 2008

Americans are starving for good, solid marketing advice and I think MIND CAPTURE delivers that to them.

Book News from Suttons Bay:

MIND CAPTURE: How You Can Stand Out In The Age of Advertising Deficit Disorder

Mind Capture New Amazon Bestseller Business Book by Tony RubleskiGen X author Tony Rubleski skyrocketed to the top of the Amazon.com "Marketing Sales" charts last week with his new book Mind Capture: How You Can Stand Out In The Age of Advertising Deficit Disorder. This feat was accomplished within hours after the book launched on the popular retail site. MIND CAPTURE also topped the "Movers Shakers" list which identifies, by category, the biggest gainers in sales rank over a 24 hour period. The book was at the #2 slot for most of the day. When the book was first launched shortly after midnight on the 29th, it ranked #71,298 in terms of all titles online. By late afternoon, it had jumped as high as #140 – an increase of more than 46,000% according to Amazon.com reports.

"Our team sat perched at their computers watching the rankings get higher as the day progressed and I’m absolutely thrilled with our results for the opening day," Tony says. "Americans are starving for good, solid marketing advice and I think MIND CAPTURE delivers that to them. The fact that the books were flying off the shelves, so to speak, is a testament to that."

With MIND CAPTURE, Tony has written a fun, engaging and practical business book that shares real-world, specific strategies to help sales professionals, entrepreneurs and business owners wade through the confusing and changing advertising arena to stand out from the marketing clutter to produce ‘Mind Capture,’ sales and repeat business.

"With the economy continuing to be a daily talking point with the media and by the Presidential candidates and advertisers vying for our attention on social message boards, nearly everyone from our minister to our parents have become bottom-line salespeople, trying to capture our attention," says Tony – who is on a mission to perform a million marketing exorcisms before he hits 40. "And let’s face it, these days we have the attention span of a fly."

Rubleski says the amount of new media options being created creates even more and more confusion and argues that understanding ‘Mind Capture’ and taking a fresh look at your marketing and sales strategy will determine your success or demise in today’s sped up, web based world. Using "to- the-point" techniques and case studies, including the one about a former rock star who used ‘Mind Capture’ to raise money to fund a music CD release, Rubleski reveals:
Who are the best salespeople in the world (hint: many people have them);
How both Presidential parties are using Mind Capture to sway opinions and votes;
Why you must be Google-licous in the digital age;
The #1 mistake 99% of businesses and organizations make in their marketing;
How businesses and the non-profit community can join forces to accomplish their goals;

With resistance to advertising at an all-time high, Rubleski presents the societal forces all businesses and non-profits are up against when trying to communicate and what they must do if they are going to have any chance of being noticed, taken seriously, and believed.

Tony Rubleski is currently the president of Mind Capture Group which focuses on direct marketing consulting, copywriting, advanced public relations and sales and marketing training for business groups and sales teams. He has advised many of the top sales and marketing minds in the world and his work has been featured in such outlets as Bottom Line Magazine, FOX TV news, the Detroit Free Press and Entrepreneur Radio.

On July 21st, Tony began an ambitious 50+ city, national tour.
For media inquiries, interview requests or schedule availability, contact publicist Dianna Stampfler with Promote Michigan, at 269-330-4228 or via email: Dianna@PromoteMichigan.com.

Order Today From Amazon!
MIND CAPTURE: How You Can Stand Out In The Age of Advertising Deficit Disorder
By Tony Rubleski
Paperback; $19.95; ISBN: 978-1-60037-457-9


www.MindCaptureBook.com

Add your name to our Advertising and Internet Marketing mailing list - it's free and no salesman will call (couldn't resist adding that!) - Cheryl!

If Tony's book sounds interesting to you then we would like to recommend information about how we are all affected by the new Attention Age Deficit - take a look at the Attention Age Doctrine too!

Friday, July 18, 2008

Protect Your Assests - Protect Your Family - Estate Planning & Family Services

Estate Planning & Family Services

Wills


Living Will
* Specifies wishes for artificial life support
* Not used to distribute property
* Includes free healthcare power of attorney

Living Trust
* Transfers property faster than a last will
* Includes free pour-over last will and testament
* Does not usually require probate

Power of Attorney (POA)
A Power of Attorney lets you appoint someone you trust to manage important financial and legal matters on your behalf. You can choose to have it take effect immediately or only go into effect in the event of illness or incapacitation.

Common uses for a Power of Attorney include authorizing someone to handle a complex legal transaction or manage your financial affairs while you’re on vacation.

Name Change
* Legally change your name
* Complete document preparation
* Quick and easy filing

Divorce
Divorce doesn't have to be complicated or costly. If you and your spouse can agree on how to divide property and resolve any child-related issues, you can file what's known as an uncontested divorce.

An uncontested divorce does not require an attorney and moves much faster through the court system, saving you time, money and stress. In many cases, you may not even need to appear before a judge.

Small Claims

Protect Your Intellectual Work and Creations - Intellectual Property

The first step to protecting your intellectual property is to identify what you can protect, and how to protect it.

Intellectual Property includes Trademarks, Copyrights and Patents.

Trademark
* Protect your business name and logo
* Prevent others from damaging your brand
* Requires use in commerce

Copyright
* Secure ownership with U.S. Patent Office
* Prevent unauthorized use or manufacturing
* Offered for both utility and design inventions

Patent
* Protect your original creative work
* Prevent unauthorized reproduction
* Does not require use in commerce

Where to Start - Forming a Business - Business Legal Services

What is the best legal set-up for your business? These are some of the common characteristics of legal business entities:

Read more about the types of legal business structures here.

Incorporation
* Personal liability protection
* Taxed at corporate and individual level
* Formal meetings and record-keeping required

Limited Liability Company (LLC)
* Same liability protection as a corporation
* No corporate tax, profits passed directly to owners
* Fewer corporate formalities required

Doing Business As (DBA)
* Not a formal business structure
* Required to legally conduct business under a trade name
* Minimal maintenence required