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Injury At Work? Workplace Injury Lawyer Will Help!

Posted by admin on December 31, 2008 in Legal Portal

Since the days of Upton Sinclaire’s “The Jungle”, workplace injury law has improved to protect workers and repay them for injuries incurred at work. Departments like the Occupational Safety and Health Administration (OSHA) have been developed to monitor working conditions and maintain a benchmark level of safety for workers. Not only is your employer responsible for providing a safe workplace, they must support you when you suffer injuries on the job site. OSHA penalizes companies for dangerous working conditions. These are some very strict regulations, and it is a good idea to contact a lawyer if you mean to hold your company responsible for injuries you’ve suffered.

Since its inception in 1971, OSHA has helped to cut workplace fatalities by more than 60 percent and occupational injury and illness rates by 40 percent. In the past, workers had to fend for themselves. People working in dangerous industries were not paid when they had to take time off for injuries, even when the injuries happened at work! These employees who took on extra risk by working difficult and dangerous jobs were not necessarily paid more, so it was often the marginalized members of society such as recent immigrants who were forced to risk their lives daily just to get by. Modern standards, such as those established by OSHA, seek to make this abuse a thing of the past.

Workplace injury and abuses still occur, however, especially if you don’t know your rights. If you have been injured at work because your employer has not provided appropriate safety measures or you have suffered a workplace injury and were subsequently laid off or not paid for your recovery time, contact a lawyer right away.
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To find out more about workplace injury lawyers and read about workplace injury lawsuits, visit our website at hugesettlements.com.


If you have any questions or concerns about workplace injury laws, please contact a professional workplace injury lawyer right away!

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Microsoft v. Google - Kai-Fu Lee’s Non-Compete Agreement

Posted by admin on in Legal Portal

Unless you’ve been on vacation all summer, the brawl between Google and Microsoft should be old news. New developments, however, have occurred with publication of the non-compete agreement signed by Kai-Fu Lee.

Google v. Microsoft

Earlier this year, Kai-Fu Lee quit Microsoft to go work for Google. In doing so, Lee allegedly violated a non-compete agreement he had signed with Microsoft. Predictably, Microsoft sued Lee to prevent the move and the brawl began. Microsoft landed the first punch by getting a temporary restraining order preventing Lee from working for Google until the case is resolved.

Non-Compete Language

As matters have moved forward, the language in the non-compete agreement has become public knowledge. Generally, Lee agreed not to work for a major competitor of Microsoft if he left the company for a period of one year. The specifics of the language, however, are grossly entertaining

In signing the non-compete agreement, Lee agreed:

1. “…not to accept employment or engage in activities competitive with products, services or projects…of Microsoft…I worked on or …learned confidential or proprietary information or trade secrets while employed.”

2. All litigation arising from the non-compete agreement would occur in the State of Washington.

Mr. Lee and Google have a serious problem. California courts rarely enforce non-compete agreements, while Washington courts do. Since Microsoft sued first and Lee specifically agreed to Washington jurisdiction, this case should remain in Washington. Google is trying to move jurisdiction to California, but Microsoft beat it to the punch. Google’s attorneys simply blew it.

Prediction

Predictions in legal disputes are iffy at best, but Mr. Lee and Google have really fallen on their face in this one. Why they didn’t sue Microsoft in California court before Microsoft could react is mind boggling. The deck is now stacked heavily in favor of Microsoft and you can expect an outright victory for Microsoft or a settlement on terms set by the company.

About the Author: Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.

Source: www.isnare.com


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Bryan Ellis comments on Virtual Real Estate Investing

Posted by admin on in Biz, Marketing + More, School of Real Estate

A newcomer to the world of investments in the notion of “Virtual Real Estate Investing“. Everything from using the internet as an avenue to make more money in real estate to online games such as SecondLife seem to be included in the popular definition of this term.

In order to figure out the truth of the matter, I sought out Bryan Ellis, whose experience in the fledgling industry is truly impressive.

When I began using the term virtual real estate investing in the late 1990s, I did so because I saw clear parallels between the strategies used for profiting from physical real estate and those that would create income in the online world, said Ellis.

One example of the parallels between virtual and physical real estate Bryan Ellis cites is the similarity between the monetization of domain names versus physical property. “There’s a huge difference between a website and a piece of real estate, but the ways you can profit from them are similar: ‘flipping’, rental/leasing, advertising sales, etc…all of these apply to both markets” he states.

The parallels really are obvious. Consider: A valuable piece of real estate is valuable largely due to the interest that other people have in that specific location. Similarly, ownership of a desirable domain name is valuable for the same reasons. In either case, you could sell or lease the asset and turn it into cash.

In our next installment of this series on virtual real estate investing, Bryan Ellis will share the internet analogies to the physical concept of real estate development.


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Choosing A Process Server

Posted by admin on December 29, 2008 in Legal Portal

In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:

1. Registered or licensed process servers: In most states, process servers are registered by their county. In some states, like California a process server, once registered in one county can serve papers in any other county within that state. In some other states a process server can only serve papers in the county in which he or she is registered. Most, but not all counties, when registering a process server require the applicant to be bonded or insured.

2. Private detectives and investigators: In most states private detectives and investigators are licensed by the state and exempt from registering as process servers. They and anyone in their employ can serve legal process and when doing so are considered officers of the court.

3. Sheriffs, Marshals and Constables: Sworn peace officers.

4. Non registered or licensed individuals: Friends, relatives and others.

In many states as in California a non registered individual may serve up to ten (10) legal documents each year provided that individual is not a party to the action at hand. ie: a plaintiff or defendant, etc.. When the service of the paper has been completed the server must sign an affidavit that the paper was served properly. That affidavit must usually be signed under penalty of perjury.

It is not usually a good idea to have a non professional serve process. They do not normally know the laws and rules involved in process serving nor do they usually know how to fill out a proper proof of service. Either of these can cause a service to be declared invalid and possibly cause you to lose the case or at the least force you to start over. Additionally many people attempt to evade service and a professional has a better chance of completing service. Finally, process serving can be very dangerous. Many people get very angry when served and attempt to take it out on the process server. Over the years I have had many servers beat up and attacked with knives or clubs or hit with thrown rocks.
I have had several servers that were non fatal victims of vehicular attacks and three servers that were shot, several more were shot at but not hit.

At one time, Sheriffs, Marshals and Constables were considered good choices for serving papers, however that is not now usually the case. Most Marshals no longer serve papers and many Sheriffs and Constables are so busy doing other things that your papers may sit for weeks or longer before or if they are taken out for service. Additionally, many people, when the see a Marshal’s or Sheriff’s uniform, just do not answer their door. The Sheriff or Marshal walks away and the papers are returned unserved.

Licensed private detectives and investigators can sometimes make the best servers, however not all of them serve papers and many believe that since they are “big shot” investigators they should charge far more than registered process servers. Others serve so few papers that they sometimes “make a mountain out of a molehill” and turn a fairly easy service into a difficult one. Other investigators turn every service into an investigation in order to run up billable hours. Then again, if you find a good detective agency, they will have numerous service assignments and investigators that can serve papers fast and efficiently for a reasonable fee.

Most licensed investigators can be trusted to be honest about the papers they serve. It is not easy to obtain a license and if they get caught commiting perjury by saying they served a paper when they did not or if they get caught billing a client for work that was not done, they can lose their license. If they lose their license they are out of business as they usually can not get a license reinstated. Additionally, in most states, complaints can be filed against a licensee and those complaints are investigated. Prospective clients can contact the state licensing board and obtain a record of adjudicated complaints.

Registered process servers usually know the laws and rules and for the most part are honest and hard workers. In most counties it is, however, easy to register and there is usually no licensing body to keep an eye on them. Therefore, if the registration is revoked the server can usually get a friend or relative to register and then the server can list himself or herself as an independant contractor working for the new registrant. Also there is no experience required in order to register. Finally there is usually no place where a prospective client can check for or file a complaint against a registrant. The only recourse a client usually has against a registered process server is to file a law suit against the party and then if a judgment is obtained to go against the registrants bond. Note, however that not all registering counties or states require a bond and those that do usually require a bond of $2000.00 or less.

When searching for a process server take care. Do not choose just anyone. Never use a friend or relative. If you find a server over the internet do not just go by the looks of the web site. A person can be a poor web site designer and a good server or vice versa. Call the server and ask questions based on the foregoing information in this article. If the server refuses to speak with you do not use his or her services. If the server is a licensed investigator check out the license. Contact the Better Business Bureau and see if they have any information. Try not to use a one person operation as he or she may not be able to keep up with the workload or may be forced to charge high fees in order to make up for a lack of steady business.

When making your choice do not go by price. Expensive servers are not necessarily the best just as inexpensive servers are not necessarily the worst. Hallstrom Detective Agency was considered to have one of the best process serving divisions in the United States, yet we charged less than almost any other service in the country. Ask about addirtional fees. Many companies quote a low initial fee and then tack on a fortune in incidental fees.

For links to directories listing process servers, private investigators, detective agencies, court reporters, people finders and more, offered for attorneys and other legal practitioners visit http://services.resourcesforattorneys.com a directory of directories listing links to services of use to the legal profession.

The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David G. Hallstrom, Sr. is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it’s servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.

This article may be reprinted, at no charge, provided that credit is given to the author and that any links contained herein are retained and kept active. ©Copyright 2005 Resources For Attorneys. All Rights Reserved Worldwide.</FONT>
About the Author

David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.com a legal and lifestyle resources directory for attorneys, lawyers and the internet public.


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Social Security Fraud and its Antidotes

Posted by admin on in Legal Portal

Every year, approximately 200 billion dollars is lost because of fraud. Social Security fraud made the stealing of billions of pounds from the public, stealing of money which can be allocated to the primary needs of the people, and striking at the roots of public support for the general welfare, possible.

Examples of benefit fraud are making false wage details; failure to disclose savings, investments and properties; failure to inform the Council that you have income from employment; failure to declare an occupational pension or a partner’s occupational pension; living with an undeclared partner who has income; and not living at the property that has been claimed for. Fraud and deception are everywhere now. It is like a virus that is slowly killing the citizenry and leaving them unprotected against further attacks.

This is the reason why the government made an institution in order to fight scams and frauds. Social Security is the antidote designed to reduce if not to eliminate social security fraud. It is open for some valuable information regarding fighting social security scams and frauds. If you are in any manner interested in knowing, you can visit social security office near you. You can also report a social security fraud by contacting the office. Never worry about your report because it will be taken with confidence and security.

Another antidote is to have social security fraud attorneys to protect government’s funds. Social security fraud attorneys are there to guard the finances of the people. Social security fraud attorneys are very much committed to reduce social security fraud to benefit the general public. Social security members can also help by reporting individuals who are misusing their Social Security number.

Money should be given where it is due and surely it is not due to fill the pockets of the unscrupulous few. The money involved is owned by certain individuals. It was taken from them with the promise of returning it for future use. Moreover, it must not be a subject for outright abuse and deception.

The legislature is already taking steps to circumvent or to put a stop to this fraud. Laws of the land has been there to prevent fugitives, felons, parole violators from taking Social Security dollars form social security members.

Using money owned by another is a morbid crime and the person doing this kind of abuse and fraud must be pay for said crime. Lend a helping hand now to reduce fraud, your help is certainly valuable one!

About the Author

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


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Pleas & Court Appearances in New York Criminal Courts

Posted by admin on in Legal Portal

At arraignment, the District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases so the District Attorney can rightfully concentrate on the more serious crimes.

If you were arrested for misdemeanor shoplifting and you arrive at the arraignment with no prior arrests, most likely the District Attorney will offer you the option of pleading guilty to a lesser violation and a few days of community service with a fine. You have the option to end the process by accepting the lower charge of a violation, which is not a crime but will appear on your record in the future.

If you accept the plea then you will actually plead guilty to a lesser offense on the record and the court will most likely impose a fine and community service or counseling, depending upon what you and the District Attorney agreed to.

If you don’t accept the plea, you will simply plead “not guilty” and continue your criminal court appearances. Your attorney will file various motions and hold hearings to discover what evidence the District Attorney has against you or to get the charges dismissed. An example of such a hearing would be called a “Huntley Hearing”. In that hearing your attorney’s objective is to get any incriminating statements you made suppressed, meaning they can not be used against you. The point of that hearing is that the police obtained statements from you invlountarily. At the hearing your attorney will cross-examine the police involved in your arrest by asking them detailed questions. If your attorney can prove your statements were coerced or obtained form you in some way involuntarily then you have just eliminiated a criucial piece of evidence against you, making your case of innocence stronger.

As you proceed further through the criminal court process, the plea to a lesser charge may or may not be offered again. Whether or not you accept a plea is something only you and your attorney can decide, based upon your circumstances. Just remember that the plea will always be on your record as opposed to fighting the charges if you’re innocent and getting the whole criminal case dismissed, clearing your name.

Your Criminal Court Appearances

If you plead not guilty and are released “ROR” (meaning without bail and on your own recognizance) or on bail, you’ll be given the next date to appear before the court. At that time the court will set deadlines for your attorney to complete certain work on your behalf.

The District Attorney has a limited period of time to complete his investigation and state on the record he is ready for trial. The time limits are mandatory to protect your constitutional right to a speedy trial. So you should be prepared to quickly prove your innocence. Being accused of a crime is a stigma, and the reality is that you are actually presumed guilty until you prove your innocence (contrary to the belief that “you are presumed innocent until proven guilty”).

If you miss a court appearance, a warrant for your arrest is issued

Your Right To A Speedy Trial

The time for you to get a speedy trial starts running from the date the criminal complaint is filed against you. A trial for a violation must be held within 30 days. A misdemeanor trial must occur within 90 days. A felony trial must take place within six months.

The time periods for a speedy trial are “tolled” (stopped) because of certain motions made by your attorney or certain hearings. They are not tolled if the District Attorney requests adjournments without your consent. They are also not tolled if the District Attorney is not ready for certain appearance dates. This is called “excludable time” for the purposes of determining when a trial must be held.

Making A Record

At each court date, there will be a stenographer typing every word of the proceeding to make a record of it. Your attorney must make sure the record is clear that you do not consent to an adjournment or that the District Attorney was not ready. Being clear is important, because the court is overwhelmed with hundreds of cases a day. Sometimes the judge will not keep a good record or his notes on your file will be unreadable and the judge later can’t recall what happened.

To be clear and to protect your rights, state on the record that “defendant does not consent to the adjournment and time should be charged to the People” or state that “The District Attorney is not ready and time should be charged to the People.” Make sure the stenographer hears what you say because you may later have to order those records from the stenographer to prove what happened at the hearing. If the stenographer did not hear you or your attorney then you will not have a record that will benefit you. Make sure you both speak loud and clear at each court date to protect your record.

http://www.appellate-brief.com

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

©2004 Susan Chana Lask All Rights Reserved

Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title “High-Powered” New York attorney. She can be reached at www.appellate-brief.com.

sue@aol.com


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Doctors can help you in your SSI case

Posted by admin on December 28, 2008 in Legal Portal

A good measure of competence and reputation is needed upon anything which concerns legality and authenticity of records. In case you are a claimant for a Social Security Disability or SSI benefits, your claim will be evaluated using your medical records. Thus, having a competent and respected doctor is most advisable in order to provide the necessary authenticity and substance to your claim!

First and foremost, having a doctor to conduct a regular and updated medical treatment on your person is very important in order that your claim gain sufficient attention and consideration. Evaluating a disability claim takes quite a lengthy procedure, and each record presented by the claimant is severely inspected. It is but proper for your physician to be advised never to be limited and too lenient on facts concerning your disability. Your physician must also be aware that even if past medical records indicate your disability, an examiner or judge will never approve your recent claim without current medical records to support your claim and your past medical records.

Take your time winning the interest of your doctor about your claim. Once your doctor diagnosed your treatment and believes that your condition is disabled, you must have him as an ally in order to support your case in writing. Primarily, it is your doctor who knows the extent of your disability. Request for a detailed statement regarding your conditions.

Getting a competent and objective supporting statement from your doctor, or even having him complete a Residual Functional Capacity (RFC) form on your behalf could give you a good chance of reducing the processing period of your disability claim. RFC forms, particulary, which are used by the DDS examiners, could carry great weight at hearings held by the Administrative Law Judges.

More possible than not, you might lose your medical coverage before your claims are approved. There is still a solution! Try to be seen at a free clinic, county health department, or emergency room. These treatment sources may not be as reputable as having a personal doctor, but these are better than having none at all. Or give it a go at your state’s Vocational Rehab department. Very often, VR can assist claimants in getting certain testing and examinations paid for. Though this is always for the purpose of developing a VR claim, VR counselors are usually willing to supply these records to a claimant’s representative as well.

Medical statements need to be detailed and substantial. Without the support of objective medical findings, little or no consideration, at all, will be given to a physician’s medical opinion by an Administrative Law Judge. While writing out his diagnosis of your condition, gently remind your physician to explain all the details, especially, the diagnosis which supports your claim of disability, even your body’s limitations(e.g. level of inability too sit, stand, walk, stoop, crouch, grasp, reach or otherwise move) and your prognosis.

Remember! Generally, the rule is that you cannot be approved for social security disability or SSI based on disability if you are not examined by a medical provider at least once every two months. It is best to abide by your prescribed medications, too. In the end, whether you took your prescribed medicine or not may affect how your impairments are viewed. In fact, judges will often deny claims in which claimants did not take what was prescribed. The fact that the claimant had no means by which to obtain their needed meds is generally irrelevant to an ALJ at a disability hearing.

Professional medical opinion is very important in the presentation of an SSI case. The doctor/physician is the only one qualified not only to state that a person is disabled but, rather, explain in detail, why a person is disabled. As such, these statements from qualified medical practitioners can greatly improve a claimant’s chances of being awarded continuing and past due benefits.

About the Author

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


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Five Steps To Full Compensation For Your Personal Injury Claim

Posted by admin on December 27, 2008 in Legal Portal

If you have been injured by the fault of another, such as in a car accident, there are important steps to follow to ensure that you are treated fairly by big insurance and receive the compensation you deserve.

1. Document Your Injury!

The most important step you can take in order to obtain full compensation is to fully and completely document your injury. If your injury is not corroborated by someone else then not only will the insurance company act as if it never happened, but you may not be able to adequately prove your case to a jury if nesessary.

This documentation concerns two elements: [a] fault of the party causing the event and [b] proof of the cause of your injury.

2. Have a Report Made Immediately

If your case involves a traffic accident it is imperative that you call the police so a report can be made of the circumstances of the car accident. Do not move your car until the police arrive. By verifying the position of the vehicles the police officer can aid in documenting fault.

If your injury was caused by slipping on a foreign substance in a store, you want to immediatley have a manager take your information and have an ambulance called if your injurires are significant

3. Seek Competent Medical Attention

If you feel any pain or stiffness at all you should go to the hospital emergency room as soon as possible {preferably have an ambulance take you from the scene to the hospital}. This ensures early documentation of your injury and the early intervention hopefully will aid the healing process.

If your injury persists you should, within the next several days, follow up with your family doctor and seek early referral to a specialist that treats your type of injury. An orthopedic specialist is ordinarily the most competent doctor to treat your injury if it involves neck, back or extremity injury. The doctor will also be able to write a report explaining the nature and cause of your injury and testify in court if necessary.

4. Follow Your Doctor’s Advice

You should follow your doctor’s advice regarding the treatment necessary for your injury. The insurance company will not take you seriously if you do not follow doctor’s orders. They will infer that you must not be very injured if you do not do what is necessary to try to get better.

5. Hire An Experienced Personal Injury Attorney

Insurance companies are in business to take in premiums and pay out as little as possible on claims. You will be dealing with an experienced adjustor whose job is to do just that. Therefore, if you want to get the best result, you need someone on your side whose job is to get you full and fair compensation and is experienced in doing so. You can obtain the services of a lawyer on a contingency fee basis. This means that their fee depends on how much they recover for you.

Following these five steps will help ensure that you obtain the full and complete recovery you deserve.

Anthony Castelli is a Cincinnati, Ohio Accident and Personal Injury Attorney. For more information go to http://www.castellilaw.com


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Gardening–Fun and Frugal!

Posted by admin on in Legal Portal

Whether you are an avid vegetable gardener, a beginning herb gardener or just like to have a pretty yard, these frugal tips may help you save a little money!

1. Stale coffee and coffee grounds make great organic fertilizer. They provide many trace minerals and low, gentle levels of nitrogen, potassium and phosphorous.

2. Remember that a good soaking of water less often is better than a light sprinkling every day — for veggies and for your lawn.

3. If your neighbor has a plant you particularly like, ask for a cutting, instead of going to the nursery and buying one. Maybe you could trade a cutting from one of your own plants.

4. To easily water a tomato plant, bury a bottomless coffee can next to the plant and pour the water into the can. This allows the water to go straight to the roots.

5. Plant marigolds in your vegetable garden. They will attract insects that eat aphids and other pests.

6. My husband bought some used carpet at a garage sale, cut it into wide strips and laid it down between the rows in our garden. Now we can pick peas with getting our shoes muddy.

7. Use grass clippings as mulch around your vegetable plants to keep moisture in and weeds out. Just don’t use the clippings right after you have fertilized your grass or treated for weed control.

8. If you have access to them, pine needles make excellent mulch.

9. A natural, frugal garden pest spray: mix 1 tablespoon of liquid dishwashing soap and 1 cup of cooking oil. Use 3 tablespoons of this mixture to 1 quart of water and spray on plants.

10. In the herb garden, to keep plants like mint from taking over too big an area, put it in a clay pot and simply plant the whole pot!

“He who plants a garden, plants happiness.”

Cyndi Roberts is the editor of the “1 Frugal Friend 2 Another” bi-weekly newsletter and founder of the website of the same name. Visit http://www.cynroberts.com to find creative tips, articles, and a free e-cooking book. Subscribe to the newsletter and receive the free e-course “Taming the Monster Grocery Bill”.

editor@cynroberts.com


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Top Ten Investment Mistakes

Posted by admin on December 25, 2008 in Uncategorized

1. Lacking an investment plan a/k/a/ “Don’t take a trip without packing the map”. A pre-planned asset allocation generates positive results and eliminates emotional panic selling.

2. Buying cheap stocks a/k/a “Road crews erect “Dead End” signs for a reason”. Most stocks with low share prices also arrive at the bottom for a reason. There must be institutional interest to influence price, and many won’t even glance at stocks below $8 or $10.

3. Purchasing story stocks a/k/a “A good fable lulls a child to sleep”. Don’t get taken by compelling “story” stocks. The plots include a cure for cancer, a big oil strike or a revolutionary invention. Such promising stories rarely prove true. If the “story” materializes, the company will still be a buy.

4. Selling your winners a/k/a “You gotta know when to hold ‘em’”. Don’t sell your winners. These companies combine outstanding management, product and cash flow, creating steady growth for years. Holding these companies for the long run will compensate for other investing mistakes. In fact, one or two big winners can create real wealth.

5. Holding onto a peaked stock a/k/a “Trees don’t reach to the heavens, and companies don’t continue growth beyond reason”. Top companies peak for reasons such as attrition of top management or competition. Systematic pruning will help you avoid a rotting, unhealthy investment.

6. Under diversification a/k/a “Ideas are good, but a mind full of them is better”. Resist the urge to rely on a few stocks that you know. Lack of portfolio diversification leads to erratic and volatile returns, and owning several companies in the same industry also isn’t diversification. The best investment results happen by investing in leading companies across various industries.

7. Over diversification a/k/a “A portfolio stretched like an old T-shirt won’t help an investor benefit from their insight”. You don’t create diversification by spreading yourself too thin. Although a mind full of ideas is good, ideas acted upon on a whim waste good thoughts.

8. Over trading a/k/a “Replanting a garden every week won’t produce high-quality tomatoes”. Don’t follow market “noise” and bounce from sector to sector or theme to theme. This prevents investors from enjoying the rewards of a long-term winner. Give stocks enough time to mature and compound.

9. Too much margin a/k/a “Living on borrowed time brings a rush of excitement, but it’s a quick trip when time expires”. Don’t underestimate the damage margin can create. The relatively low cost and ease of obtaining leverage takes investors down a dangerous path. When a portfolio on margin declines rapidly, it can catch even experienced investors off guard.

10. Too many options a/k/a “In life there’s always options, (but timing makes the difference”). When you buy options, you must be right and use impeccable timing. Options allow an investor to use leverage and control more shares but there are relatively high spreads involved in trading them. Many times investors lose money on their transaction even after they followed correct assumptions.

Mr. Kimmel is a private money manager and the author of “Magnet Investing, build a portfolio and pick winning stocks using your home computer”. His methodology was the subject of a Forbes Magazine article (June, 2004).

Barbara Kimmel is an award winning publisher and publicist at Next Decade, Inc. (http://www.nextdecade.com).


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