Cybersecurity has never been as important as it is today for safeguarding crucial information. This includes information that can easily be used to identify and to compromise the personal details of our lives. Everything from bank account and transactional details to personal milestones, memories and life events are all available to access online. All of these trends are natural consequences of our increasing reliance on the internet and online activities. The sheer amount of personal data that can be retrieved online is staggering...which then begs the question: who or what is protecting all of it?
Does Online Security Exist?
While an easy answer to the question of online security simply does not exist, we can determine the security protocols of many of the online services we use by doing some quick research. The main things to look out for are their terms of use and their privacy policy. These two together are what constitute the core ethos of the company with regards to their users’ privacy and the lengths they are willing to go through to protect it. Outside of that, it’s all about being conscious of what services you use and what information you give up in order to use it. However, despite being careful, there’s no much you can do if the service itself gets breached. In those cases, it’s all about how the company responds to and deals with online attacks.
Unencrypted Personal Information Acquired By Unauthorized Persons
As far as how companies must respond to security breaches, there are laws in place which require them to disclose what happened if the compromised information can jeopardize clients’ personal information and private matters. Specifically, the California data security breach notification law was enacted in 2002 and has been in effect ever since and it requires that companies notify California residents whose unencrypted information was acquired by any unauthorized person. The law is extensive in that it still requires that you be notified even if the information was leaked or hacked. This means that even if a company is not one hundred percent sure if your information was breached, they do still have to notify you so long as there is a reasonable doubt.
California Civil Law Code 1798.82
California’s civil law code 1798.82, while originally enacted only in California, most states have since followed suit by enacting similar laws. In fact, the California data security breach notification law was quite novel and progressive for its time as it deals with issues of cybersecurity and online privacy at a time when those areas were nowhere near as well-developed and intensive as they are today. The intent of this law is simply to ensure that the public remains aware of any successful cybersecurity attacks and to keep companies accountable for their security protocols and measures.
Cyber Security and Online Encryption
Since this groundbreaking law came into effective, there have been many more laws like it added in an effort to stay ahead of the security curve. The importance of strong, online encryption really cannot be understated and it was laws like these that jump started the movement.
At KAASS LAW, we believe your personal information is yours, only. If you have any doubts as to whether or not your personal data was breached, or if you have any questions about what can be done about it, then we encourage you to give us a toll free call at (310) 943-1171 to speak to our California privacy attorneys today. We can walk you through your options and we will always stand by our clients and their security.
Turo third-party auto liability insurance is purchased through Turo and includes coverage for renters/guests under a third-party automobile liability insurance policy purchased from Liberty Surplus Lines, a Liberty Mutual Group company Said Liberty Mutual Policy provides guests with insurance coverage while they are driving the rented vehicle during the booked trip. The following covers information regarding Turo's California peer-to-peer car rental insurance coverage.
Turo's Insurance Coverage for Bodily Injury and Property Damage to Third Parties
According to the Turo website, Turo's insurance coverage for bodily injury and property damage to 3rd parties is as follows:
Bodily injury and property damage to third parties:
The Liberty Mutual Policy insures guests against liability to third-parties for bodily injury and property damage resulting from the use of the booked vehicle during the booked trip, up to the minimum liability coverage required by state law. This coverage cannot be declined. Note, however, that it does not apply to vehicles that are booked on Turo from a Commercial Host.
According to California Penal Code Section 459, burglary is the act of entering into a residential or commercial structure with the intent to commit either a theft crime or felony.
To be convicted of burglary the prosecution must prove the following elements:
Defendant entered a building, room, locked vehicle or structure. For being convicted in a burglary a person doesn’t not require to “break into” a property, it is enough to enter a structure through an unlocked or open door or a window;
Defendant intended to commit a theft crime or felony at the time of entering the building, room, vehicle or structure;
Defendant stole or had an intent to steal a property, which value was more than nine hundred fifty dollars.
California burglary law also differentiates between two forms of burglary charges which are categorized as first-degree burglary and second-degree burglary.
California First Degree Burglary Charges
California first-degree burglary is burglary of a residence. A “residence” can be any of the following: inhabited house, a room within an inhabited house, inhabited floating home, inhabited hotel or motel room, inhabited trailer coach, inhabited floating home. Residence will still be considered inhabited even if the occupants left it because of a natural disaster or other type of disaster.
California Penal Code Section 503 defines embezzlement as fraudulent appropriation of property by a person to whom it has been entrusted. To commit a person in the embezzlement the prosecutor must be able to prove each of the following elements:
The owner of the property entrusted his property to the defendant;
The owner did so because he trusted the defendant;
The defendant illegally converted or used the entrusted property for his own benefit and;
Upon converting the property the defendant intended to deprive the owner of the property's use
Embezzlement can only be proved if there is an actual evidence of trust or confidence between two parties. To “entrust” means to give a legal power to access or control the property. When a person abuses a position of trust and take or use a property which doesn’t belong to him his action are considered fraudulent. There must be a clear intent to deprive the property’s true owner of its use. This deprivation does not need to be lasting. Merely preventing the owner of the property from using or enjoying his property even for short period of time is considered enough to satisfy the intent element of embezzlement. Restoring the embezzled property will not protect you from punishment, but restoring property may help to decrease the harshness of the sentence.
Peer-to-peer car rental sharing apps and services, such as Turo or Gertaround which allows you to rent another person’s vehicle. There are a few things to keep in mind when using such service, such as insurance covered and P2P car sharing liability issues.
If I Rent a Car Through a P2P Car Sharing App Will My Personal Auto Insurance Cover The Damages?
If you are wondering if your personal auto insurance will cover your auto damage in the event the you rented a car and were involved in an accident you will have to check the language in your own policy. Many auto insurance companies included language which specifically excludes coverage if you’re using a P2P vehicle. While your personal car insurance covers traditional rentals, it may not cover peer-to-peer car sharing.
Car Sharing Insurance Claims and Coverages
Often, car sharing companies such as Turn, generally provided basic insurance plans, however they carry very low limits, thus it’s worth spending more to get top-tier plans to increase coverage in the event the renter of your car is involved in an auto accident. Therefore, you will need to purchase the car-sharing company’s auto insurance to be sufficiently covered
California Penal Code Section 242 (PC-242) outlines the crime of battery as "any intentional and unlawful use of force or violence upon the person of another."
The following elements must be established in order to prove a charge of battery:
Defendant willfully and illegally touched another person in offensive or a harmful way (for example, grabbing another person's arm in anger or touching the private parts of another person would be considered battery);
Defendant did not act in self-defense or in defense of someone else
Battery is often discussed in connection with the criminal offense of assault. Although battery and assault are considered two completely different offenses.
California Assault Penal Code 240
Assault is described in Penal Code Section 240 as an action that may impose physical harm or unwanted touching on someone else. While, on the other hand, pursuant to Penal Code 242 battery is the actual infliction of force or violence on someone else.
Actual Physical Contact is Not Necessary for Assault
In case of assault, any actual physical contact is not necessary to be present, whereas a battery cannot be accomplished without a touching of the victim. A person can be charged with battery even if no injury or pain is caused to the victim. The slightest touch is enough for a battery charge if it is done in an annoying, disrespectful or rude manner.
California law allows persons to recover damages for intentional fraud as well as negligent misrepresentations if certain elements are sufficiently plead and proved.
There are specific elements that a party is required to prove in order to successfully recover damages suffered due to the fraud or misrepresentation. A false misrepresentation lawyer near you should be able to provide you with legal assistance for your situation.
What is Fraud?
Fraud is using deceit or dishonest means for the purpose of depriving another of money, property or a legal right.
What are the Different Types of Fraud?
Intentional Fraud/ Deceit occurs when the defrauder uses deceit or false important facts to convince the victim to rely on the false facts. Then the victim reasonably relied on and was harmed by the deceit.
Promissory Fraud occurs when the defrauded makes a promise that is important to the transaction that he or she never intends to, nor never performs, in order to induce the victim to rely victim rely on the promise. Then the victim must reasonably rely on and be harmed by the false promise. “An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” ( (1997) 15 Cal.4th 951, 973-974; (1985) 39 Cal.3d 18, 30.)
All of the apps and online services you use track, collect and distribute your usage patterns and demographic information. However, some companies put much more emphasis on protecting the data of their consumers, whereas others go out of their way to collect and analyze as much of their users’ data as they can. The ever-increasing gap between companies’ ethos and philosophy toward user privacy has reached a turning point. On the one hand, you have companies like Apple that have built up a brand and a reputation for standing with their customers by protecting and encrypting their data as much as possible–at times even making that data completely inaccessible to Apple itself. Then again, on the other hand, you have companies like Google that go out of their way to gather as much data and information as possible from their users, without paying nearly as much thought as to how to contain and protect that data from breaches and hacks. As a consumer, these increasingly polarized attitudes and approaches toward the issue of privacy should definitely strike a chord, and at least raise some questions for thought.
California Penal Code Section 187 (a) defines murder as “the unlawful killing of a human being, or a fetus with malice aforethought.”
To prove murder, the following must be present:
The defendant committed an act that resulted in the death of another person (or fetus)
The defendant committed the act with malice aforethought
The defendant killed without a reasonable excuse or justification.
Establishing Malice Aforethought
Under California murder law, Penal Code 187 (a), malice can be expressed or implied.
Proof of malice is enough to establish the state of mind necessary for murder. The defendant acted with express malice if there was an unlawful intention to kill the victim.
Elements of Implied Malice
The defendant deliberately committed an act
The probable and natural consequences of the act were dangerous
The act was willfully conducted with knowledge of the danger and conscious disregard for human or fetal life.
In the modern, competitive workplace, maintaining an edge over your competitors’ ideas and innovations has never been more important to the success and longevity of your enterprise. For this reason alone, non-disclosure agreements have become ubiquitous and commonplace across many industries. The fear of secrets, designs, and upcoming ideas or trends leaking out is so prevalent that many companies struggle to contain their own in-house secrets and methods from their competitors without subjecting their own workers to intense scrutiny. However, this is where some of the advantages that come with non-disclosure agreements shine through.
Non-Disclosure Agreements For Business New Employee Hires
Think of it this way: when a business hires a new employee, the very last thing they want out of their new member is for another company to swoop in with a more lucrative offer to steal the employee...especially if the new employee has had some time to learn about the company’s trade secrets and confidential information. Having a key employee or asset leave your company and work for a competitor can be disastrous because of the secret information the worker may have had access to while they worked for you. If they manage to share those secrets with a competitor, then you may very well risk losing your competitive edge in your industry.
If the renter of the vehicle selects the Supreme or Premium plan, the limits of the coverage provided under the Liberty Mutual Policy are increased to a combined single limit of $1,000,000.
Turo's Uninsured or Underinsured Motorist (“UM/UIM") Insurance Coverage
According to the Turo website, Turo's insurance uninsured or underinsured Motorist (“UM/UIM") insurance coverage is as follows:
The Liberty Mutual Policy includes the statutory minimum amount of UM/UIM coverage in those few states where UM/UIM coverage is required by law and cannot be waived.
UM/UIM coverage, when available, protects guests and passengers from losses resulting from bodily injury caused by an uninsured driver, hit and run driver, a driver whose limits of liability have been exhausted, or a driver whose insurer is insolvent while in the booked vehicle during the booked trip.
Turo has either waived this coverage entirely or subscribed to the lowest limit allowable by state law. Hosts and guests are bound by Turo’s election and, in addition, agree to be bound by that election pursuant to the Terms of Service.
Physical Damage to Shared Vehicle Using Turo
Protection plans made available by Turo also address the renters liability for any damage to the booked vehicle which may occur during the booked trip.
Turo Renters Responsible for Physical Damages of Booked Vehicle
The person who rents out a car using Turo is responsible to return the booked vehicle on time and in the same condition as when they first received it. The renter is held financially responsible for all physical damage to the booked vehicle, as well as related costs, if any. If, for instance, there is physical damage to the booked vehicle during the period of the booked trip, the renter will be legally liable for the costs of repair, plus related costs, if any. If there is physical damage to the rented vehicle and the cost of repair exceeds 75% of the actual cash value of the vehicle, the renter will be legally liable for the actual cash value of the booked vehicle, plus related costs, minus the salvage value, if any.
Los Angeles Turo Accident and Insurance Lawyer
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Turo accident and insurance lawyer today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary. To schedule a free consultation with one of our peer-to-peer sharing app lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
California second-degree burglary occurs when if the burglary involved a commercial break in and other type of structure including stores and businesses.
Defenses for Penal Code 459 Burglary
Lack of Intent is a legal defense to Penal Code 459 Burglary If the defendant did not have intent to commit a theft or a felony at the time of entering the structure, he can’t be found guilty of burglary.
Factual innocence is also a legal defense to California burglary charge and occurs when an innocent defendant is accused for a charge which may include the following:
False accusation
Mistaken identity
Deceptive evidence
Penalties for California First-Degree Burglary Conviction
In California, first-degree burglary or residential burglary is always considered a felony. The punishment for first-degree burglary can include:
Two, four or six years in California State Prison
Felony Probation and/or
A fine up to $10,000 dollars
Penalties for California Second-Degree Felony Burglary Conviction
Under Penal Code Section 459 second-degree or commercial burglary is considered a wobbler. Conviction for commercial burglary carries a less harsh penalty than a conviction for first degree burglary. Depending on specific circumstances and the defendant’s criminal history this type of burglary can be charged as either a felony or a misdemeanor. Penalties for second-degree felony burglary are:
Felony probation;
16 months, two or three years in county jail; and/or
A fine up to $10,000 dollars
Get Help Defending California Burglary Charges from an Experienced Lawyer
Embezzlement Commonly Involves Employee Theft or Employee Fraud
Embezzlement most commonly occurs in cases in connection with business, because most cases involve an employee/employer relationship. That’s why embezzlement is also called employee theft or employee fraud. Typically embezzlement involves theft which can be both grand and petty theft. However, embezzlement can also be connected to other crimes like forgery, burglary, receiving stolen property.
Defenses to Penal Code 503 Embezzlement
Defendant had a good faith belief to entitlement: Under California Penal Code 503 you might be exonerated if you had a reasonable belief that you had a right to the property you took. You have to show that:
Defendant took the ownership of the property openly or publicly without using surreptitious methods;
Defendant didn't take the property because the property owner owed you a debt
Lack of criminal intent: Embezzlement, like all theft crimes, requires “specific intent,” so if you took property accidentally or then this defense can apply.
False accusation:False accusations are mostly common in embezzlement cases, because the injured party is almost always someone who had a preexisting business or personal relationship with the defendant.
Penalties for Penal Code 503 Embezzlement
Since California embezzlement is categorized as a theft crime, you will be faces penalties either charged under grand theftor petty theft depending on the type and value of the embezzled property. When the value of stolen property is less than $950 embezzlement is considered a form of petty theft and when the value is $950 or above embezzlement is a form of grand theft.
California Penalties for Grand Theft Embezzlement
You will face the penalties for grand theft embezzlement if the:
Property valued more than $950
Property was a motor vehicle
Property was a firearm
In most cases grand theft embezzlement is a wobbler offense in California, thus it may be charged as either a misdemeanor or a felony. Cases involving firearms always carry felony penalties.
Penalties for Misdemeanor Grand Theft Embezzlement
Penalties for misdemeanor grand theft embezzlement in California include:
Up to one year in a county jail
Fines up to one thousand dollars
Misdemeanor (summary) probation
Penalties for Felony Grand theft Embezzlement
Penalties for felony grand theft embezzlement in California include:
Either 16 months, two or three years in a county jail; and/or
A fine of up to ten thousand dollars; and/or
Felony (formal) probation
California Sentencing for Grand Theft Embezzlement
California Penal Code provides sentence enhancement in case grand theft embezzlement includes particularly large sums of money.
One year for property valued more than $65,000
Two years for property valued more $200,000
Three years for property valued more $1,300,000
Four years for property valued more $3,200,000
Petty Theft Embezzlement Penalties
In California law petty theft embezzlement is a misdemeanor offense, punishable by:
Up to 6 months in a County jail;
A fine up to $1,000
Misdemeanor Probation.
Get Help from a California Embezzlement Defense Lawyer
Hire the most dedicated California embezzlement defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on our experienced lawyers in Glendale, Los Angeles, California, to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171at any time!
What is the Deductible if P2P Rental was Involved in Auto Accident Using Turo?
If you were involved in an auto accident using a Turo peer-to-peer rental car, you will be charged a deductible, typically from $1,000 to $3,000 if the company needs to file a claim.
What Risks Should Owners That Participate in P2P Car-Sharing Be Aware of?
Participation in any peer-to-peer sharing apps comes with risks, especially in your renting your car out. The most obvious risks is potential damages to your vehicle, fighting with the insurance companies to receive a fair market value for your car in the event. Further, if you don’t notify your insurance company that you’re renting out your car and or your participation in a P2P car-sharing you may potentially be at risk of having your policy canceled. Thus, its best to check with your insurer before placing your car for rent on a car-sharing app.
If I Rent My Car Through a P2P Car Sharing App Does My Insurance Cover My Car?
If you rent your car through a PTP car sharing App such as Turo, generally your car will not be covered unless you have a commercial auto insurance police. Personal auto insurance policies are now being written to specifically exclude peer car-sharing apps from coverage. While, companies such as Uber or Lyft provide liability insurance coverage to accommodate peer-to-peer car sharing it is best you check if the P2P car sharing company you are participating offers such coverage. Turo, works a bit different than Uber and Lyft liability insurance claims.
Turo Liability Insurance Coverage for Car Owner
Turo's Primary liability insurance coverage covers the car owner up to $1,000,000; protection for physical damage to your car is provided without deductible for the Premium and Standard host protection plans, and with a $3,000 deductible for the Basic plan.
Turo Premium and Standard Liability Insurance Plans
Under Turo's premium and standard liability insurance plans, car owners receive the actual cash value of their car or up to $125,000, in the even the vehicle is deemed as totaled. Coverage is not available for hosts who are not utilizing a Turo protection plan. More over, primary liability coverage up to $1,000,000; no protection for physical damage to your car.
Delivery Period (when the host or designee, who is a “Turo Approved Driver,” is actively delivering the car to the guest, and not while retrieving the car from the guest).
Turo's Premium Insurance Plan: Liability Coverage for Renters
Per Turos Premium Plan haves insurance liability coverage up to to $1,000,000. Physical damage to the car covered up to the actual cash value of the car. No deductible for the supplemental liability coverage. Turo's premium liability insurance insurance is secondary to any other insurance the renter may have, however as mentioned, often times your own insurance will exclude coverage for car-sharing services. Lastly, once you’ve exhausted your own insurance for physical damage, your out-of-pocket expense is limited to $500.
Rental Car Turo Liability Insurance for Owner
Liability coverage for owners who rent their car out using Turo are covered up to a combined single limit of $1,000,000 for liability. Coverage includes personal liability for the renter, third-party liability for passengers and other affected parties, and third-party property damage arising from a car accident. Comprehensive and collision coverage The collision coverage provided protects the owner's vehicle in the event of an accident. Liability insurance coverage applies for the duration of each rental, from start to finish, and includes liability, collision and comprehensive.
Get From Attorneys Who Help All Accident Victims of Turo and Other Peer-to-Peer Sharing Apps
If you were involved in an peer-to-peer sharing auto accident in California we invite you to hire our dedicated Los Angeles Peer-to-peer accident lawyers today. Our skilled accident attorneys leverage their considerable experience into obtaining significant settlements from insurance companies who are known for being reluctant to pay out on claims. You can rely on our experienced lawyer to carefully analyze the facts of your case to prove the facts necessary.
To schedule a free consultation with one of our peer-to-peer sharing app lawyers, call Kaass law today at (310) 943-1171 or send us an email through our online appointment form.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171
You acted in self-defense or defense of another person: You cannot be convicted of battery in case you reasonably thought that you or someone else was in danger of bodily injury or death and you reasonably used force to defend against that danger.
You did not act willfully or intentionally when committing the harmful touching: You cannot be found guilty of the offense, if the battery was the result of an accident or the outcome of events.
PC 242 Battery Penalties
Under California PC 242 simple battery is prosecuted as a misdemeanor.
The potential penalties for a criminal battery conviction include:
Up to six (6) months in county jail; and/or;
A fine of up to two thousand dollars ($2,000)
Battery and Related Offenses
Battery causing serious bodily injury under Penal Code Section 243(d)
A defendant can be charged under California Penal Code section 243(d) if the victim of a battery suffers serious bodily injury. Battery under this section is also known as “aggravated battery.” A serious bodily injury is any serious impairment of physical condition. Aggravated battery in California law is considered a wobbler and it may be charged as either a felony or a misdemeanor, depending on the specific circumstances of criminal offense.
If convicted of a misdemeanor charge for this offense you can face up to one year in a California county jail. If it is charged as a felony you can face two, three, or four years in a California state prison.
Domestic Battery Under Penal Code Section 243(e)(1)
In case the victim of a battery is a family or household member you can be charged with domestic battery. Under Penal Code section 243(e)(1) you are considered guilty of domestic battery if alleged victim is a:
Current or former spouse;
Current or former boyfriend
Cohabitant or former cohabitant;
The parent of your child;
A person with whom you have or used to have a dating relationship.
Domestic battery is considered a misdemeanor and is punishable by up to one year in a California county jail and/or a fine of up to $2,000.
According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder. In case the conviction is based on a “hate crime,” the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.
Get Help Defending PC 242 Charges from an Experienced Lawyer
Hire the most dedicated Glendale criminal defense lawyer to the legal services you require! Our attorneys at KAASS LAW are highly dedicated to help our clients in every way possible. You can rely on us to carefully analyze the facts of your case to prove the facts necessary. We back all of our clients and we invite you to give us a toll free call at (310) 943-1171 to speak to our experienced Glendale criminal battery attorney today. Get in touch with us at KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171 at any time!
Concealment Fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.
Constructive Fraud or Negligent Misrepresentation occurs when the perpetrator misrepresents to the victim that an important false fact is true. However, the defrauder may have honestly believed that the false representation is true. Yet, the defrauder had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation. The victim must reasonably rely on and be harmed by the false representation.
How to Prove Intentional Fraud in California?
In proving intentional fraud in California it requires all of the following elements be proved:
misrepresentation (false representation, concealment, or nondisclosure);
knowledge of falsity (or ‘scienter’);
intent to defraud, i.e., to induce reliance;
justifiable reliance; and
resulting damage.”
“An action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974; Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30.)
How to Prove Negligent Misrepresentation in California?
Negligent misrepresentation often times referred to as constructive fraud requires that all of the following elements be proved:
a misrepresentation of a past or existing material fact;
without reasonable grounds for believing it to be true;
with intent to induce another’s reliance on the fact misrepresented;
ignorance of the truth and justifiable reliance thereon by the party to whom the misrepresentation was directed; and
damages
California Fraud and Misrepresentation Laws Video
Hire the Right Misrepresentation and Fraud Attorney
Our misrepresentation and fraud attorney in Los Angeles has experience in complex fraud and misrepresentation cases. If you are an individual victimized by a corporation's commercial deception we welcome you to call to us at (310) 943-1171. Our proven litigators and investigators at KAASS Law will help you with your corporate fraud case.
One of the questions that might come to mind is whether or not you actually have any say as to how often or what kinds of data companies can collect from you. Unfortunately, the answer isn’t as cut and dry as a yes or no. The reality is that privacy laws vary immensely depending on the industry, type of service, and location of the company providing the app you are using. As such, the level of accountability and transparency that businesses must meet are quite different from one another. What this means in real world situations is that a customer cannot have universal demands or expectations from businesses and companies regarding their privacy. While this is hugely inconvenient, there is a silver lining in the form of your own decision making. Though you alone cannot control the laws governing the ins and outs of these companies, you can make an educated decision as to which services you choose to use and to what extent you wish to use them.
Agreeing to Terms Regarding Types of Data Gmail and Facebook Can Collect
For example, upon creating an account for Gmail, Twitter, Facebook iCloud and the like, you will typically be presented with a series of options regarding data and diagnostics. While most folks usually just take the easy route and skip ahead using the default settings, it is definitely worth your time to stick around and explore a bit. By taking a second look at what you are agreeing to, you may notice a couple of things that genuinely surprise you. It’s amazing how much these companies can get away with gathering from your usage and many people probably would not be as comfortable using those services, if they understood the extent of the access these companies have regarding your private data. By taking a couple of minutes and reading up on your options while signing up, you can actually limit several major pieces of information that these companies have access to, such as browsing and crash data, frequency of use, and general statistics about your areas of interest and demographics.
Privacy and Data Collection
As for the things you cannot control, there is little else you can do about that outside of finding another company that provides a similar service that values your privacy more than its data collection. Some things you can’t easily limit access to include anything the company exempts or says it needs from you in order to provide their service in their privacy policy and anything else that they can gather ‘publicly’ from your browsing or usage. Certain bits of information are personal but not identifiable, meaning that they cannot see who the data is from nor any identifying characteristics of the user. While it can definitely be scary to think of all the data these companies have collected from you, you should know that usually the data is only used internally. What this means is the company that collected your data while you used their app or service will only use that data to improve the quality and performance of their site or product. The upside of this is your data will not be pawned off to other companies, but the downside is that less and less businesses give you that level of privacy as an option.
Selling Data Information Collected
The classic example of a company that is more than willing to sell and barter away their gathered information is Facebook. To be clear, Facebook is a company which has millions of active users and their database of users is quite diverse, covering many different spheres and communities. As such one would think that Facebook would understand and value their users’ privacy by respecting and protecting it...but no. Facebook instead takes the much more lowly route of simply hoarding as much user data as possible and then selling this data to third party companies for a massive markup and profit. Perhaps the most insulting aspect of this shady business practice is that it happens almost entirely in total secrecy, without any notice or heads up given to any of the user base. As a result of their recklessness, Facebook CEO Mark Zuckerberg has had to appear before Congress to explain the company’s actions and decision making processes, especially in light of recent hacks and security breaks which have exposed millions of users’ profiles, photos, friend lists, and other private data without their permission.
Limiting the Amount of Data Which Can Be Collected from Your Activity
In light of these now public scandals, most consumers have reached a point where they just want to enjoy the services they need without a constant fear of being tracked and the worry of having their collected information leaked publicly. For your own privacy and security, we recommend to do some searching around to see if the particular apps and services you use have strong options for limiting the amount of data that can be gathered from your activity, as well as checking up on the overall reputation of that company as it is relevant to user privacy. Even a simple internet search can bring up any major scandals, side deals, security breaches, and common privacy concerns regarding any given company. By checking out some articles like this one here, you can learn so much more about how your data and privacy are treated on the internet and what you can do about it on your end.
Our Privacy Lawyers Can Help
Our goal here is to empower you with some of the basics regarding your rights to privacy and how data collection works on different platforms. At KAASS LAW, we stand with our clients and we believe that privacy is a right, not a privilege. If you have any other questions or concerns regarding your online privacy and how you can take control of it, don’t hesitate to get in touch with us. We invite you to reach out to us with any problems or cases you may have by giving us a toll free call at (310) 943-1171 to speak to one of our lawyers today.
According to California’s Penal Code a defendant can be convicted of first-degree murder if:
The murder was committed either by use of a destructive device or explosive; or by lying in wait
The crime was committed willfully, premeditatedly and deliberately
A specifically enumerated felony was committed that resulted in death
Punishment for First-Degree Murder in California
According to California Penal Code Section 187 the defendant faces 25-years-to-life in the California State Prison for a first-degree murder.
In case the conviction is based on a “hate crime,” the defendant faces life in prison without any possibility of parole or early release. Factors that can lead to a conviction for a hate crime murder include the victim's race, sexual orientation, disability, or nationality.
Punishment for Second-Degree Murder in California
According to California Penal Code Section 187 the defendant faces 15 years-to-life in State prison for a second-degree murder. This sentence can increase to:
20-years-to-life if the defendant killed the victim by shooting a firearm out of a vehicle with the intent of causing serious injury
25-years-to-life if victim is a peace officer
Life without the possibility of parole if victim is a peace officer and defendant specifically intended to kill the officer or inflict serious bodily injury on the officer or killed the officer using a deadly weapon or firearm.
Life without the possibility of parole if the defendant has previously served a sentence for a murder conviction
California Felony Murder Rule
Felony murder occurs during the commission of inherently dangerous felony.
Inherently dangerous felonies are felonies that are so dangerous to human life that the likelihood of death during the commission of the crime is very high. California's felony murder rule refers to both first- and second-degree murders.
Actually it is not required that the defendant kill the victim in furtherance of the underlying felony. Any death that is reasonably connected to the felony is enough, regardless of whether it was intentional or accidental.
So, for prosecution under the felony murder rule, the following elements must be shown:
Defendant had intention to commit the underlying felony
Defendant either committed or attempted to commit the underlying felony
There was more than a mere coincidence between the time and place of the murder and the other felony.
List of Felonies Which Fall Under Felony Murder Rule
The list of such felonies includes but is not limited to the following: Burglary, Torture, Arson, Carjacking, Robbery, Rape, Kidnapping, Mayhem.
Get Help Defending Murder Charges from an Experienced Lawyer
On that note, non-disclosure agreements can help business and prevent this whole situation from ever arising by simply preventing your workers from disclosing or even talking about company secrets and confidential information. However, generic non-disclosure agreements are of little use to most businesses, because each company has its own niche and thus, its own secret information. As such, the best non-disclosure agreements are the ones which are specifically tailored to a company’s needs by an attentive business lawyer. That way, you can be sure that the non-disclosure agreement touches upon all of the relevant points for your company.
Contents to Include in Non-Disclosure Agreement
As far as non-disclosure agreements go, it’s always very important to be particular with what you outline in the contract. Tailoring the agreement to your needs is key to an enforceable and successful agreement that can hold up well in court. So, before making your employee sign your non-disclosure agreement, you’ll want to take a closer look at the contents of the agreement first. Make sure that your agreement mentions:
A specific way in which the non-disclosure agreement is effective
For example, if your business has secrets which contain information that will always be confidential (such as secret recipes for food, algorithms for software, for a secret formula for a blueprint) then your agreement had better reflect that. In such cases, the agreement has to specify that the employee cannot disclose the information at all; the indefinite nature of the agreement is necessitated by the confidential nature of the information at stake. It should also clearly outline the policies and protocols or procedures that the employee must follow in order to prevent unjust disclosure.
A thorough definition of what constitutes “confidential information”
Despite the fact that it may seem entirely obvious to you, an agreement that does not specify what is “confidential information” or what counts as trade secrets, will have little to no benefit to you since it will be very hard to enforce such a vague and unclear agreement in court. To avoid this scenario, the agreement can either specifically call out particular bits of information that employees should not share, or it can alternatively describe “confidential information” in enough detail so that any new employee will receive adequate notice as to what kinds of information are not to be shared.
An outline of possible consequences or remedies
Even if your new employee signs off on a non-disclosure agreement, there is always a chance that they will still violate the terms of your agreement. In fact, there is even a legal term for this: inevitable disclosure. For these situations, your agreement should specify what type of compensation you will be entitled to in the event that a breach occurs. The types of remedies for a breach include monetary compensation for damages to your business as a result of the leak of confidential information, as well as attorney fees incurred throughout the process of enforcing the non-disclosure agreement.
We Can Help
At KAASS LAW, our business law lawyers believe in our clients’ abilities to innovate within their industries. We stand by our clients by helping them draft up specific, tailored non-disclosure agreements to maximize the benefits that it can offer. Ensuring our clients’ commercial success is key for us and we demonstrate this by being with you every step of the way. Even in the event that information gets illegally leaked, we are here to make sure our clients get their due compensation in court. We invite you to give us a toll free call at (310) 943-1171 to speak to our California business attorneys today to see how we can help protect the most valuable assets of your business.
KAASS LAW, 815 E Colorado St #220, Glendale, CA 91205, (310) 943-1171