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China’s New National Security Law

Developments in China’s national security regulation, and contrasts the position with that existing in Australia and the USA as of 29 July 2015.

The Standing Committee of the National People’s Congress, have approved the National Security Law of the People’s Republic of China, effective as of 1 July, 2015. The concept of national security is of extreme importance, especially due to the interconnectivity of contemporary society and the ability of each country and their economy and security to be linked to events across the globe, therefore impacting on every individual worldwide.

The national security law is divided into seven chapters that include the following:

(a) the guiding principles;
(b) the definition of national security;
(c) the functions and responsibilities of the National People’s Congress and the various branches of the government;
(d) the key elements of the national security regime such as intelligence collection, risk assessment, conducting national security reviews, and responding to states of emergency;
(e) the mechanisms for allocating resources to national security work;
(f) the obligations of citizens and corporations in assisting the government in protecting national security; and
(g) the supplementary provisions.

The National Security Law encompasses a broad concept of national security in comparison to its more conventional 1993 national security law prior to the enactment of the current National Security Law, which was designed mainly to defend China against espionage activities. The new National Security Law covers matters in relation to politics, the military, the economy, finance, culture, technology, territorial sovereignty, cyber-security, ideology, religion, as well as matters extending beyond the borders of China to include the polar regions, the international seabed, outer space and cyber-space.

In particular, Article 2 of the National Security Law provides the definition of national security to refer to the relative absence of international or domestic threats to the state’s power to govern, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major national interests, and the ability to ensure a continued state of security. However, the following articles provide for the discussion of politics, the military, the economy, finance, culture, technology and territorial sovereignty, therefore broadening National Security Law’s definition of national security beyond the conventional and narrower concept of merely national defense.

Due to the National Security Law’s broad scope of application, there is concern amongst the business community in relation to the additional restrictions and scrutiny on business activities in China on national security grounds, especially in terms of the National Security Law’s involvement in economic development, which may have serious implications if in addition to the existing laws and regulations, commercial activities and investments are also regulated under the broad and unclear perspective of national security. Although such broad provisions contained in the National Security Law will be further clarified through implementing regulations, the National Security Law is still extensive on implications but lacking in specifics, therefore causing uncertainty in terms of practical application and impact.

Foreign investment

One of the main concerns relates to foreign investment and the additional restrictions and scrutiny placed on foreign activities in China. Specifically, Article 59 of the National Security Law provides the State will establish national security review and oversight management systems and mechanisms, conduct national security review of foreign commercial investment, special items and technologies, internet information technology products and services, projects involving national security matters, and other major matters and activities that impact or may impact on national security. While this requirement is not particularly new because the Chinese government already conducts national security reviews in various areas and investments under existing laws and regulations, foreign companies are mainly concerned of any new national security review regimes in relation to foreign investment and IT products and services which may be introduced via the National Security Law.

Prior to the enactment of the National Security Law, the national security review requirements on mergers and acquisitions involving acquisitions of Chinese companies by foreign investors was imposed through the Circular on Establishing the Security Review System for Mergers and Acquisitions of Enterprises within China Involving Foreign Investors, whereas any greenfield non-M&A establishments involving foreign investors were left alone with no applicable national security review requirements. However, the Tentative Measures for National Security Review of Foreign Investments in Free Trade Zones enacted earlier in 2015 did a pilot run of a national security regime in China’s free trade zones, which were Shanghai, Guangdong, Tianjin and Fujian, and involved the application of the regime to mergers and acquisitions transactions as well as other foreign investments, including greenfield investments.

Due to the enactment of the National Security Law, it may be expected that the full regime required currently only for the free trade zones will be implemented nationwide, therefore widening the reach of the authorities to enforce and further scrutinise foreign investment. Also, the consequence of having such a broad definition for the concept of national security may potentially indicate the legislature’s intent on expanding the National Security Law’s scope of application to additional sectors, along with the current listed 57 industry sectors. Therefore, foreign investors will now have to be careful to ensure the requirements of the national security regime are followed.

Furthermore, Article 59 provides for the national security review of Internet information technology products and services, the scope and procedures of which are not defined in the National Security Law. Therefore, this provision has the potential to go beyond any mergers and acquisitions plans, greenfield investments or specific investment plans. This provision has the potential to cause significant entry barriers for international suppliers of IT products and services into the Chinese market, and along with the draft Anti-Terrorism or draft Cyber-Security Law; the Chinese government have many avenues through which they can scrutinise foreign products and services.

Foreign Investment Law

China already has laws regulating foreign investment, therefore the National Security Law will be complementing the draft People’s Republic of China Foreign Investment Law, which was released on 19 January 2015 by the Ministry of Commerce (MOFCOM) for public opinion. Foreign investment is particularly important to an economy, and it is essential in providing the capital to assist the creation of productive enterprises, therefore China’s attempt to finally revamp the legal regime in relation to foreign investment illustrates their acknowledgement of foreign investment to the growth and sustainability of China’s economy.

The draft Foreign Investment Law is extensive, and provides for the following:

(a) the definition of foreign investors and foreign investments;
(b) the regulation of foreign invested projects and associating entry permits;
(c) the procedures for national security review of foreign invested projects;
(d) the creation of an information reporting system for foreign investment;
(e) the promotion and protection of foreign investment and coordination and handling of complaints in relation to foreign investment; and
(f) the liability for any breaches.

The definition of foreign investors is broad, as it is not limited to foreign nationals or foreign incorporated entities, but includes enterprises incorporated in China which are controlled by foreign investors, therefore extending the Foreign Investment Law’s reach in regulating foreign investment. Also, the definition of foreign investment goes beyond the traditional methods of foreign investment activities, as in addition to greenfield projects, foreign invested entities, the acquisition of shares, the Foreign Investment Law also covers the holding of certain rights and interests over assets owned by, or voting rights, in a domestic enterprise. Specifically, foreign investment refers to any of the following investment activities conducted, directly or indirectly, by foreign investors:
(a) establishing domestic enterprises, which are enterprises incorporated in China in accordance with Chinese laws, which can either be enterprises with foreign investment, or wholly domestic owned;
(b) acquiring shares, equity interests, certain rights and interests over assets, voting rights or other similar interests and rights in a domestic enterprise;
(c) financing, with a term of one year or more in any domestic enterprises in which one or more foreign investors hold an interest or right described in the point above;
(d) obtaining the concession rights to explore or develop natural resources in China, or obtaining concession rights to construct or operate infrastructure facilities in China;
(e) acquiring land use rights, ownership of buildings and other real property rights in China; and
(f) controlling or holding interests or rights in any domestic enterprise through contract, trust or other arrangement.

Therefore, the concept of foreign investment is relatively broad under the Foreign Investment Law, which gives room for the government to regulate over an increasing number of activities in China.

The existing national security review regime will be integrated into the Foreign Investment Law where MOFCOM will review foreign investor(s) applications for an entry permit. MOFCOM or its provincial counterparts will consider a proposed foreign invested project requiring an entry permit in relation to the implications such a project may have on national security, and if necessary, MOFCOM may suspend the entry permit review and require the foreign investor(s) to submit an application for national security review. In this process, the State Council will set up an Inter-ministry joint meeting for national security review, which is jointly set up by MOFCOM and the National Development and Reform Commission (NDRC), and in the two-step review approach, the general review will decide whether the proposed foreign investment is likely to jeopardise national security, and if so, the special review will examine in details and decide whether the proposed foreign investment will or may jeopardise national security.

The position in Australia

The Australian government is extremely open to foreign investment as it assists in building Australia’s economy and enhances the wellbeing of Australians by supporting economic growth and prosperity, as well as create jobs, encourage innovation and promote competition.

Australia’s foreign investment framework is implemented through the Foreign Acquisitions and Takeovers Act 1975 (Cth) and the Australian government’s foreign investment policy, which clarifies several aspects of the legislation and imposes additional obligations which do not have the force of law but with which overseas investors are expected to comply. Under the Act, the Treasurer reviews investment proposals on a case-by-case basis to make a decision as to whether the proposals are contrary or supportive of Australia’s national interest. The Treasurer relies on advice from the Foreign Investment Review Board (FIRB), who works with applicants to ensure Australia’s national interest is protected; therefore, maximising investment flows while protecting Australia’s interests.

Australia’s foreign investment rules regulate investment proposals by foreign persons, who are generally:

(1) an individual who is not ordinarily a resident in Australia; and
(2) a corporation where a foreign person (including associates) holds 15% or more of the issued shares, units or voting power or where several foreign persons (including associates) hold 40% or more of the issued shares, units or voting power.

Under the Foreign Acquisitions and Takeovers Act 1975, the Treasurer has the power to review and block the following proposals by foreign persons:

(a) most acquisitions of interests in Australian urban land;
(b) any acquisition of a substantial interest, which is where a foreign acquirer and its associates would hold or control 15% or more of the issued shares or units or voting power, in an Australian corporation, or an increase in a substantial interest, where the value of the assets of that corporation exceeds $248 million;
(c) any acquisition of an aggregate substantial interest, which is where a group of unrelated foreign acquirers and their associates would, after the acquisition, hold or control 40% or more of the issued shares or units or voting power, in an Australian corporation where the value of the assets of that corporation exceeds $248 million;
(d) any acquisition of an Australian business where the assets are valued at more than $248 million;
(e) any acquisition of control of an Australian corporation where the assets of the corporation are valued at more than $248 million;
(f) any acquisition of a substantial or aggregate substantial interest in an offshore corporation which has gross assets valued at more than $248 million, where the assets of that corporation that are comprised of Australian land, Australian mineral rights or shares in an Australian corporation constitute 50% or more of the total assets of that corporation; or
(g) any acquisition of a substantial or aggregate substantial interest in an offshore corporation, where the assets of that corporation that are comprised of Australian land, Australian mineral rights or shares in an Australian corporation constitute less than 50% of the assets of that corporation, but those Australian assets are valued at more than $248 million.

Furthermore, there are separate legislation providing additional requirements for foreign investments, including requirements such as:

(a) foreign investment in the banking sector must be consistent with the Banking Act 1959, the Financial Sector (Shareholdings) Act 1998 and banking policy;
(b) total foreign investment in Australian international airlines is limited to 49 per cent;
(c) the Airports Act 1996 limits foreign ownership of airport offered for sale by the Commonwealth to 49 per cent, with a 5 per cent airline ownership limit and cross ownership limits between Sydney airport and Melbourne, Brisbane and Perth airports;
(d) the Shipping Registration Act 1981 requires a ship to be majority Australian-owned if it is to be registered in Australia; and
(e) aggregate foreign ownership of Telstra is limited to 35 per cent of the privatised equity and individual foreign investors are only allowed to own up to 5 per cent.

The national interest of Australia is one of the important considerations when considering a proposal, therefore each proposal undergoes an examination to determine if the proposal is contrary to Australia’s national interest, and while the term ‘national interest’ is not defined under the relevant legislation, the national interest criteria includes:

(a) the impact of the proposal on national security;
(b) the impact of the proposal on competition;
(c) the impact of the proposal on other Australian government policies including tax and the environment;
(d) the impact of the proposal on the economy and the community; and
(e) where the investor is a foreign government investor, the character of the investor, and in particular, whether it operates on a transparent commercial basis, is subject to adequate and transparent regulation and supervision and adopts good corporate governance practices.

Under the Foreign Acquisitions and Takeovers Act 1975, the Treasurer has 30 days to consider an application and make a decision. However, the Treasurer may extend this period by up to a further 90 days by publishing an interim order, which is issued under circumstances where a proposal is complicated or if insufficient information has been provided.

The position in the United States of America

The United States, as the largest foreign direct investor globally and the largest recipient of foreign direct investment, has always sought to find a balance between embracing an open market and regulating over national security simultaneously. Therefore, because of the US’s spread of economic activity across national borders, the US has important economic, political, and social interests at stake in the development of international policies regarding direct investment, as well as ensuring their laws on foreign investment in relation to national security are of the highest quality.

The Committee on Foreign Investment in the US (CFIUS), the inter-agency committee of the US Government responsible for reviewing national security implications of foreign investments in US companies or operations, was established in 1975 and operates under the discretion of the President and is chaired by the secretary of the Treasury. The CFIUS includes the heads of many departments, including the justice, homeland security, commerce, defense, state, and energy departments, as well as the US trade representative and the director of the Office of Science and Technology Policy.

Initially, the authority of the President to suspend or prohibit certain transactions was initially provided by section 721 of the Defense Production Act of 1950 by a 1988 amendment known as the Exon-Florio amendment. However, the Foreign Investment and National Security Act of 2007 (FINSA) substantially revised section 721 to provide for national security reviews of foreign investments. The FINSA maintains the narrow scope of CFIUS’s review process by focusing solely on genuine national security concerns and not broader policy concerns posed by mergers, acquisitions, and takeovers that could result in foreign control of a US business, and follows CFIUS’s efficient timeline by requiring CFIUS to conclude a review in 30 days and an investigation, if needed, in a subsequent 45 days.

In relation to an investigation, the CFIUS can conduct an investigation of the effects of a transaction on the national security of the US, and take any necessary actions in connection with the transaction to protect the national security of the US. This applies in cases where a review of a transaction results in a determination that:

(a) the transaction threatens to impair the national security of the US and that threat has not been mitigated during or prior to the review of a transaction;
(b) the transaction is a foreign government-controlled transaction; or
(c) the transaction would result in control of any critical infrastructure of or within the US by or on behalf of any foreign person, if the Committee determines that the transaction could impair national security, and that such impairment to national security has not been mitigated by assurance provided or renewed with the approval of the Committee; or
(d) the lead agency recommends, and the Committee concurs, that an investigation be undertaken.

With regards to national security, the President or the President’s designee may, taking into account the requirements of national security, consider, amongst other things:

(a) domestic production needed for projected national defense requirements;
(b) the capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services;
(c) the control of domestic industries and commercial activity by foreign citizens as it affects the capability and capacity of the US to meet the requirements of national security;
(d) the potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country identified by the Secretary of State or the Secretary of Defense as posing a potential regional military threat to the interests of the US;
(e) the potential effects of the proposed or pending transaction on US international technological leadership in areas affecting US national security;
(f) the potential national security-related effects on US critical infrastructure, including major energy assets;
(g) the potential national security-related effects on US critical technologies;
(h) the long-term projection of US requirements for sources of energy and other critical resources and materials; and
(i) such other factors as the President or the Committee may determine to be appropriate, generally or in connection with a specific review or investigation.

If CFIUS finds the transaction does not present any national security risks or relevant provisions of the law provide adequate and appropriate authority to address the risks, CFIUS will advise the parties in writing that CFIUS has concluded all action under section 721 with respect to the transaction. However, if CFIUS finds a transaction presents national security risks and relevant provisions of the law do not provide adequate authority to address the risks, CFIUS may enter into an agreement with, or impose conditions on, parties to mitigate such risks or may refer the case to the President for action, in which case the President has 15 days to act.

Conclusion

Today, many countries have legislation and regulations in relation to foreign investments in order to ensure the protection and security of a country’s economy and national security. While most countries regulate over foreign investment and national security within a narrow scope of national defense only, China’s National Security Law has expanded national security concerns from the main area of national defence into a wide range of geopolitical, cultural, and economic issues, and is controversial due to the potential for abuse of power. Foreign companies in China will have to deal with further uncertainty when conducting business operations as a consequence of China’s attempt to handle security-related matters with a national law that seeks to keep pace with the challenges presented by issues such as globalisation and information technology.

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Understanding Assault Law

If you have been accused or arrested for assault, it is important that you understand what assault is under federal or state law and that you get help from an experienced criminal defense attorney.

Wikipedia defines assault as: “An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal and/or civil liability. Generally, the common law definition is the same in criminal and tort law.”

You can actually be prosecuted criminally as well as being sued for civil damages so you want to seek counsel sooner rather than later. The law is designed to discourage people from aggressively attacking another person whether physical contact is actually made or not. Actual physical contact is not required for a completed assault. An assault can occur if someone attempts to strike someone with the present ability to carry out the assault. A good example of an assault without a touching would be if one pointed a gun at another. It is clear that the person would be afraid because people are always afraid when threatened by someone pointing a gun at them.

In criminal cases, assaults may be prosecuted anywhere from simple assaults charged as misdemeanors to attempted murder with different allegations and/or sentencing enhancements. The prosecution can charge assaults in many different ways depending on the circumstances. For example, if a weapon were used, the assault may be enhanced by use of a weapon allegation and corresponding sentencing enhancements as well as making the crime a violent felony, for future sentencing enhancement purposes.

In many states, criminal codes treat assault as a misdemeanor that can be handled with fines or possibly a year in jail. If the assault charge is found to involve physical injury, that raises the stakes to aggravated assault. The charge may then become a felony and can result in sentences of 10-20 years in prison depending on the facts and the criminal history of the accused. This can also increase the size of civil awards substantially.

Understanding the elements of a criminal charge of assault requires an experienced criminal defense attorney. Your attorney will examine the facts of the case and compare them to the elements of the statute charged and render you an opinion as to whether the prosecution can prove its case beyond a reasonable doubt; because if the state fails to prove any one element of the charge, you are entitled to an acquittal. This would be difficult for a non-attorney to understand.

The legal elements of assault also may vary from state to state. In general, assaults are general intent crimes. In some situations, for example, if a defendant puts intent at issue by claiming that the assaultive behavior was an accident or was a misunderstanding, the prosecutor must then prove intent by using the accused person’s prior bad acts, regardless of whether or not any charges were filed on the
prior occasion. While, in some cases, assaultive intent may seem hard to prove, you do not want to be out there on your own. Your criminal defense attorney is your best source of information and defense against these charges.

If you end up before a jury by pleading not guilty, how your defense case is presented in court will make the difference in an acquittal or being found guilty. If the circumstances of the assault charge are disputed, you may have a jury trial. In any case, you need an experienced and well respected criminal defense attorney on your side.

Another serious and life- long consequence of an assault conviction is deportation for permanent lawful residents or those who have no legal right to be in the United States. Generally, any crime of violence that has as an element “the use, attempted use, or threatened use of physical force against the person or property of another (Title 18 United States Code § 16) where the term imposed is at least one year, whether or not any or all of that term is stayed or suspended at time of sentencing” constitutes an “aggravated felony” under Federal Immigration law. Certain offenses defined as misdemeanors under State Law may be considered “Aggravated Felonies” under Federal Law. Any conviction of a non-citizen for an “aggravated felony” as defined under Title 8 United States Code § 1101(a) (43) will result in removal/deportation, exclusion and denial of naturalization. For example, if a non-citizen who has lived here his entire life and has a family in the United States, is convicted of a misdemeanor assault and receives a probationary term of three years, he may be facing deportation as an additional consequence of the assault conviction.

Roseline D. Feral has 28 years of experience as a criminal defense attorney. She has tried more than one hundred jury trials, both in Federal and State courts. She has the experience and professional reputation to help you defend yourself against a charge of assault. To obtain her help, call her at 619-232-1010 for a thirty minute free consultation.

Get more legal information here: www.piolettilaw.com/

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Family Law Attorney Chicago Dream World Vs Real World

The word Divorce conjures up an image of pain and anxiety in every one’s mind. The good thing is that today’s society no longer consider divorce to be a stigma and does not look down upon women who are single and divorced. If anyone is getting divorced it doesn’t look odd for divorce has become a way of life. It is not only the young couples who are just married who run the risk of divorcing, but even those who have been married for decades tend to divorce too.It has become common for us to see our relatives and friends who have been couples and married for over twenty years breaking up suddenly. It is when such a thing happens to someone close to you that you get affected and go into a thinking mode about the fragile human relationships and life .

Women have always risen above their self and putting themselves behind, they have looked at playing the perfect wife, the perfect mother and the home maker. With today’s generation, women believe in themselves, wish to pursue their dreams and make a mark in their chosen field of interest.Every girl grows up believing in the fairy tale weddings and wanting to meet a prince charming who will swipe her off her feet. But then once she is through with her college and takes up a job, her understanding of life begins to change. If her parents happen to divorce at this time, she is thrown into another world suddenly or her world comes crashing down. This does happen in real life and it happens to many.

Despite the realities, the girls still dream of Mr. Perfect and find a partner to get married to. The romance and the wedding bliss does manage to keep them going for a while and after sometime they fall into a normal routine life. It is then that the reality of life and relationships begins to emerge. Even if the man turns out to be the perfect man of her dreams, the fact of the matter is that she has evolved and her own ideas of perfect relationship are no longer relevant in the real world.

In many cases women manage to work hard and build a successful career for themselves, maintain a home and manage their family too. The day begins with playing multiple roles and attending to multiple tasks till the end of the day. Somewhere down the line the time comes when suddenly she finds that he husband has moved away from the relationship and when this reality strikes, he decides to leave home. He leaves the home and she is left wondering whatever happened and where did she fail?. She remembers all of the sacrifices that she made for his sake. She would have given up all that she has and move to another town to start a new life all over again, just because she wanted him to go ahead and start his new business in new town.But in reality, she has been a super woman all through. The actual fact is that the man has not been able to accept graciously the fact that his wife has been a super woman and an achiever. Somewhere along he would have started drifting away from the relationship but she would not have realised it. But then coming back to the present reality, the relationship is over. Even if the couple consider continuing with their marriage, it is pointless and will not survive for long.In such a situation is Divorce not warranted? Think for yourself.

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How to Choose An individual’s Tungsten Engagement Rings

All that is definitely everlasting is usually shift. It goes for the purpose of weddings overly. Over the years people have went out of the classic bright wedding ceremony turn out to be even more ambitious utilizing their themes or templates. Wedding bridal ring is forgotten inside foray and one of your thoughts instantly rising in popularity could be the tungsten ring.This chemically ideal time period just for tungsten jewelry will be tungsten carbide considering they are manufactured from an ingredient who has the two tungsten and also h2o. Eliminate the h2o and along with the engagement ring is certainly not even more than a run-of-the-mill type of material without having the even more good taste which in turn is just not a product you choose.

Tungsten Rings

Tungsten carbide is among the most difficult materials in the world, next only to gem. The reality is stones should be found in that producing steps involved in this specific necklaces. Using a terrible afternoon, you may virtually sludge hammer apart at the wedding band without having stressing regarding denting this rock band. While you might n’t want everyone believing that you might have went marked chattering mad.A regular disbelief who adheres to the following the reality is that in case an important tungsten carbide diamond ring can get caught on the ring finger, you’ll want to suffer a loss of the two. Less than. That bridal ring is generally easily cleaned up and removed by just a health care professional. With no, your personal handy doesn’t have to be minimize as well as yanked from along the way.These are somewhat heavy because the product may be a significant combination. Despite the fact that they often a bit of becoming accustomed to, shipment be transporting a powerful hippo with your kids finger which means you should not discount these individuals down as of this time.

Cobalt Wedding Rings

Re-polishing is undoubtedly possibly not from the tungsten carbide thesaurus. Many people preserve the main gleam. I trapped myself going to express individuals years softly even so the issue is really because you shouldn’t time in any respect. Clearly, not really concerning visual appearance. What longevity can you become?Sparkling magical best talks about home furniture regarding tungsten carbide. Still, if you happen to need this added air flow about program and class, charcoal tungsten carbide companies are definitely the strategy to use. This differentiation between the raven charcoal group of musicians along with a beautiful gem into position might be above lovely. Incidents where curse in which precious stones look bigger on black this fabric. Nevertheless Let me leave that to be able to determine.

Tungsten Wedding Rings

Tungsten is definitely chemically inert consequently it isn’t going to interact with high sodium mineral water or even the sun’s rays. Put differently, there’s really no need to worry concerning rust. It is additionally hypo-allergenic which suggests anyone can use them, even especially those with very sensitive body. Nonetheless, be cautious about construct y carry cobalt. In truth, jog for the mountains if you found 1 because they purpose major pores and skin pain. Typically the safe substitute made use of by nearly all jewelers might be impeccable.It in contrast should not be resized. Still, quite a few jewelry retailers do offer your entire life make certain in order to change an individual’s call when needed. If you can’t guarantee how the dimensions of a person’s ring finger will not likely change as time passes, you need to locate one.The prevailing inconvenience wherever tungsten carbide wedding rings in order to is the fact they’re not smear free of cost. You will have to take it off every once in a at the same time to freshen up the application using a smooth fabric. That’s about that to perform to make it giving the impression of its brand new.

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A Guide to Retirement Home Activities

Need help making a decision about Assisted Living or Independent Living?

If you and your parents have decided it is time to move them into an assisted living facility it is very likely you’ve started doing your research. When selecting the right senior care it is very important that you investigate a number of different things. We all know the list of minimum important services assisted independent living locations offer such as housekeeping services, laundry services, and dining services. Bearing this in mind there is certainly so much more that can be given to the senior care residents to enhance their life and the enjoyment of their stay.

A senior living facility is there to look after the emotional well-being of their clients in addition to a senior’s medical needs. It is for this reason you should look for a facility that offers some incredible indoor and outdoor activities for each and every person in the senior home. The residents of the facility should have a say in the activities that are offered and there should be offerings for seniors at all levels of physical abilities.

A retirement facility will offer a variety of healthful and fun activities for their residents.

We would like to take the time to discuss some of the activities that independent living residents would appreciate on a daily basis. While there is a large list full of many exciting activities, it is by no means all-inclusive. These are just ideas to consider and things to look for when searching for the ideal facility in your area. We find that retirement facility residents enjoy variety, so an ever changing schedule based on the residents’ needs and wants is ideal. Of course, the facility should take care to keep the activities that are well received as well. The independent living facility should conduct ongoing assessments of the opinions of their residents to make sure that they are providing exactly what the seniors desire and eliminating some of the misses.

Remember, activities should be both indoor and outdoor because fresh air is important. More than likely, the more often residents spend time outdoors the happier and healthier they are. Getting the opportunity to move around and stay physically active is important to daily health. On top of getting out and about and moving some muscles on a daily basis, residents will have a chance to socialize when participating in regular activities. This also contributes to the emotional well-being of everyone in the retirement facility.

Mental, physical and emotional well-being should all be a priority at the facility you choose.

Very much in line with promoting the emotional well-being of assisted living residents, look for a facility that offers spiritual services and things like Bible study groups for those who would love to attend. You may find at some facilities that these activities wind up being the most popular. And sometimes residents love to just be able to kick back and enjoy themselves, which is why facilities should also offer things like karaoke night, billiards and bowling, bingo, as well as movie screenings with concessions. These are the kinds of activities you should expect to find at the best assisted and independent living facilities in the country, and some places will go the extra mile to make sure they offer things others would not even think of. Some of the additional activities you may find in your research are pet therapy, exercise classes, and even scheduled weekly trips to the local shopping malls or community events.

The decision process is difficult so information is the key.

We know going into a retirement home can be a very difficult process for both the senior and family members. Look for a facility that will do absolutely everything humanly possible to make sure the process is not only painless but extremely enjoyable. Visit every facility in your area without your senior loved one and decide on the top two or three facilities. Then bring your loved one to see them. Make your senior part of the process if possible and they will receive the decision better and more than likely have a smooth transition. All facilities should offer a free guided tour and give you the opportunity to meet their staff and taste their food. We know if you follow this advice the process should go smooth for you.

Tips for Choosing the Right Lawyer for a Business in the Health Industry

Even as other parts of the economy have shrunk and shed jobs, the healthcare field has continued to grow at an enormous rate. There are a number of factors behind the increased need for healthcare, from the passage of the Affordable Care Act requiring that everyone have health insurance to the aging of the huge baby boomer population. But no matter what the reason, the growth of the healthcare field provides enormous opportunities for entrepreneurs, especially those with expertise in patient care.

The opportunities within the healthcare field have never been greater, but neither have the risks. The healthcare field is ripe for litigation, and it is important for every business owner within the industry to have a strong legal team in their corner.

Choosing the right lawyer is not always easy, and a general practice attorney may not have the industry expertise needed to get the job done. If you are being sued for malpractice, you want a medical malpractice defense attorney working for you, not a patent attorney.

Professional negligence defense lawyers have the expertise and the experience needed to protect entrepreneurs and business owners within the healthcare field. They know the laws and regulations that govern the healthcare field, and they can provide meaningful advice to their clients. That advice can not only help those business owners when they are being sued – it could also head off a lawsuit before it is even filed.

No matter what part of the healthcare field you work in, it is important to understand the unique liability and litigation risks that could come your way. If you work as a medical professional, like a doctor or a nurse practitioner, the threat of malpractice suits is always there. Even if you do everything right from a medical standpoint, a negative outcome could open you up to a nasty malpractice lawsuit and a huge settlement.

Doctors and nurses have their own litigation risks, but so do others working in the healthcare field. Manufacturers of medical devices may face lawsuits if they make claims that are not supported by the facts or the results of FDA testing. Pharmaceutical drug manufacturers are routinely sued for unforeseen side effects that harm patients. Even if the drug in question went through thorough testing, the manufacturer could be on the hook for millions of dollars in future claims.

Every part of the healthcare field has its own unique legal challenges, and finding the right lawyer is the best way to protect yourself and fight back against unsubstantiated claims and frivolous lawsuits. No matter what market niche you operate in, you need to have an experienced healthcare attorney standing up for your rights.

Driving Under The Influence: Understanding The Concept

Drinking and driving is a serious offence in the US. If you are caught with a high blood alcohol concentration, you can face imprisonment and a fine. It is important to understand this law in order to be able to fight any charge against you.

Laws Related to Drinking and Driving

In Florida, if you are found with a blood alcohol concentration that is either 0.8% or above, it is considered to be illegal. This limit is considered to be the standard limit across the United States of America. However, the law is a little different for those who are driving commercial vehicles. For them, the BAC (blood alcohol concentration) has to be below 0.4%. The law is even less tolerant of individuals who are under the age of 21 and they must have a BAC of below 0.2%.

So in simple terms, how much alcohol does that amount to? The best possible solution is not drink at all if you are planning to drive. Even though there is no exact measure as to how much alcohol makes up the 0.8% limit, a lot of studies show that each drink you consume could increase the concentration in your blood by 0.5%. This means that if you have 2 drinks, you will probably be over the limit.

What Penalties Could you Face for Driving Under the Influence?

There are three forms of punishment that you are likely to face for a DUI conviction. These include a fine, imprisonment and community service. A combination of all three is usually given to those found guilty of this offence.

The fine can start at $500 for a first time conviction and go up to $2,000 for a fourth conviction. Imprisonment can be up to 6 months for the first conviction and up to 5 years for the fourth conviction. Community service can start at 50 hours and increase based on the number of convictions. The vehicle of the driver may also be impounded and the court could make it mandatory to pass a DUI test. The driver’s license will also be suspended.

As for those who are found guilty of this offence and are under the age of 21 years, there is a no tolerance policy and they will be subjected to punishments that are more severe than the prescribed penalties for those above the age of 21 years.

Why do you need an Attorney?

There are a number of reasons why you should hire a good DUI attorney if you are caught driving under the influence.

Firstly, it may be possible that you have wrongly been charged and your attorney may be able to drop the charges.

Secondly, for first time convictions, it is possible to plead for reckless driving instead so that your punishment is not as severe.

Thirdly, it is important to apply for a work permit and hardship license only within 10 days of the arrest. The attorney will inform you about all of the options available and get the best deal possible for you.

The Law Office of Philip Averbuck is a well-known criminal defense attorney office who fights all kinds of charges ranging from domestic violence to DUI. This law office believes in representing the accused to the best of their capacity and trying to get the case dismissed or the best possible deal for their client. Also check out our new page on Driving Under The Influence.