Month: March 2015

Towed Helicopter Hits Overpass

On February 20, 2105, a helicopter that was being towed by a semi-truck hit an overpass on the freeway. The helicopter was knocked off the truck and landed partially on the shoulder on its side. The accident occurred near Fontana in San Barnardino County on Interstate 15.

At least two cars were damaged as a result of the accident, but the extent of the damage to the overpass is not known at this time. There were no injuries reported.

The drivers of the two damaged vehicles could bring a personal injury lawsuit for the damages that their vehicles sustained and for any injuries that may have occurred as a result of this crash. Although it is unclear who was driving the truck, the driver, the company that he was driving for, and whoever loaded the helicopter on to the truck are likely all at least partially liable for the accident.

Trucks have very explicit requirements for height, specifically to avoid situations like this, and failure to comply with these regulations can cause very serious problems. It is extremely lucky that this accident did not cause more damage than actually occurred.

Any driver is responsible for the accidents that his vehicle or anything that he is carrying causes. This includes things that may become disconnected as they are being towed, debris (like a muffler that falls off or ice chunks), or things that fly out of the windows.

If you have been involved in an accident similar to this one, speak to an experienced personal injury attorney as soon as possible. Call the Wade Law Group at 888-909-9430 today!

Source: http://www.mercurynews.com/california/ci_27566243/helicopter-towed-by-truck-strikes-southern-california-overpass

Two Men Hit By a Car on Highway 101

On January 21, 2015, two men were injured when they got out of their disabled vehicle on Highway 101. Apparently there was a solo-vehicle crash and the two men were attempting to push the vehicle out of the traffic lanes when they were injured.

They were rushed to the San Francisco General Hospital in critical condition shortly after the injury. The driver and passenger of the vehicle that hit the two men had minor injuries. Another car stopped to assist the men, and was involved in the accident as well, but it is unclear how at this point. None of its passengers were injured. The collision is still under investigation.

The two injured men may have a pretty good case for civil damages against the driver and passenger that hit them as they attempted to move their vehicle off of the road. While it is true that the men were in the road, drivers are expected to maintain proper lookout, which means that they should always be aware of their surroundings. Failure to maintain this lookout may be cause to award damages.

Because these men were in critical condition, a personal injury lawsuit may be a good option for them to help with medical costs and any other future health concerns. If you or a loved one has been injured in an accident, consult with experienced personal injury attorneys as soon as possible. Call the Wade Law Group at 888-909-9430 today.

Source: http://www.mercurynews.com/News/ci_27363311/Millbrae:-Two-men-seriously-hurt-in-Highway-101-accident

Spear Phishing: A Bigger Concern in 2015

Spear phishing is when hackers target a banking institution with convincing e-mails to fool them into clinging on malicious links. This gives them access to information to take over customers’ accounts when these emails are opened.

These e-mails can appear to come from upper management or staff within the institution itself. Sometimes they can appear to come from an outside source like a vendor or customer.

Employees Are Easy Targets

Many banking institutions have enhanced authentication for online and mobile banking. Many institutions have little invested to ensure the security of their employees’ accounts. Experts predict spear phishing attacks will target a broader range of bank employees. E-mail authentication standards, such as Domain-based Message Authentication (DMARC.) DMARC helps organizations authenticate the source of e-mails and block spam. Multifactor authentication for access can keep hackers from stealing credentials, such as passwords.

Spreading Malware

Spear phishing is one of the easiest and most used method to gain access to systems that are protected. Training employee is one of the best defenses for institutions security strategies. They should also implement stronger authentication requirements when accessing sensitive data and systems.

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With e-mails being the main avenue for communicating with clients it’s important to know what fake and real. Spear phishing is when a hacker sends you a fake e-mail to gain access to its computer or system.

http://www.bankinfosecurity.com/spear-phishing-bigger-concern-in-2015-a-7742/op-1

Safeway ordered to pay nearly $10 million for illegal dumping

Safeway is to pay nearly $10million to 41 California counties and cities for illegally dumping household chemicals and medicines for over seven years. The settlement was awarded in an Alameda Superior Court when they found that over 500 California stores improperly handled and disposed of hazardous pharmaceutical waste.

Safeway must pay $3.15 million for environmental costs and $6.72 million in civil penalties. They will also have to conduct dumpster audits and work with state and federal agencies to follow the outlined procedure for disposing of or medicines. Safeway did not admit wrongdoing but said it would change policies on how retail items no longer for sale would be properly disposed.

In the Safeway case, investigators had evidence Safeway ferried hazardously and drug waste to a distribution centers and then to landfills. This settlement is the latest in a string of illegal dumping judgments. Walgreens, Lowes, and Rite Aid have all paid fines for illegal dumping.

http://www.sacbee.com/news/business/article5466600.html

Kaiser Mental Health Workers Are on Strike in California

Kaiser Permanente was recently fined $4million for understaffing its psychiatric department. This forced mental health patients to wait months for treament. Kaiser does not staff its psychiatric department with enough therapists, psychologists, social workers and nurses to provide timely quality care. This care is leading clinicians to strike at over 3,000 locations to advocate their patients to ensure they get the care they deserve from Kaiser.

The California Department of Managed Health Cared has cited and fined Kaiser for four incidents of not being in compliance. Kaiser is a leader in healthcare industry and can well afford to provide timely quality care to its members that pay for quality health care.

The entire article can be seen here.

http://www.huffingtonpost.com/sal-rosselli/why-kaiser-mental-health-_b_6453784.html?utm_hp_ref=san-francisco&ir=San+Francisco

Facebook must face class action lawsuit over message scanning

Facebook is facing a class-action lawsuit claiming the social networking site sifted through private message for targeted advertising purposes, which violates both state and federal law. The plaintiffs claim scanning of the messages violates the federal Electronic Communications Privacy Act and the California’s Invasion of Privacy Act.

A US district judge has dismissed the ECPA and CIPA claims. Facebook’s terms of service was too vague to surmise whether users consented to the scanning of their privates messages for advertising. In October, a motion hearing said Facebook has the right to analyze its users messages. Other companies have had similar lawsuits such as Yahoo! and Earthlink.

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Facebook has been issued a class action lawsuit over message scanning for advertising. If you use any social media you should read this article.

http://rt.com/usa/217875-facebook-lawsuit-advertising-messages/

 

Apple being sued for lying about iPhone storage

If you have an Apple iPad, iPhone or iPod and have the iOS8 operating system you, know that your storage drastically changes. Two individuals have filed a class-action lawsuit saying Apple has misrepresented the storage on the devices. Claiming Apple marketing the device as having more storage than available on the devices. A customer should not expect to have so much discrepancy between what is marketed and actual storage.

The individual, which filed the lawsuit, said his new iPhone 6 plus was advertised for 16 gigs of storage and had 12.7 gigs available. Also claiming Apple “aggressively markets” its iCloud storage system. The iPhone with less storage than advertised than offers its iCloud storage when a consumer needs more storage to fit photos or videos.

Apple has not commented on the lawsuit, according to reports.

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If you own an Apple iPhone and have upgraded to iOS 8 you know that it kills your storage. Roughly taking 25% of storage from a 16 gig iPhone. Check out this article to read more about the class action lawsuit.

http://rt.com/usa/219459-apple-lawsuit-iphone-storage/

Alltel Early Termination Fee Class Action Settlement

A settlement has been reaching for the lawsuit against Alltel Corporation for improperly charging for early termination fees. If you paid an early termination fee to Alltel, you could be eligible for compensation from the class action settlement.

The plaintiff claims he did not sign any contract that would impose an early termination fee of $200. Alltel refused to provide him with copies of the contract so that he could have a view of the terms.

The Alltel class action lawsuit alleged Alltel’s fee violated the Arkansas Deceptive Trade Practices Act. Alltel denies any wrongdoing but has agreed to give refunds to customers under the terms of the class action settlement. You are eligible for compensation if you paid Alltel’s early termination fee from Feb. 15, 2001 through Nov. 10, 2014. An award of $70 per line will be given for compensation.

http://topclassactions.com/lawsuit-settlements/open-lawsuit-settlements/47650-alltel-early-termination-fee-class-action-settlement/

$40 Billion Alibaba Spin Off from Yahoo

Yahoo, Inc. decided to spin off its stake in Alibaba Group Holding, Ltd. on Tuesday, January 27. 2015. Yahoo plans to create two companies with the spin off—SpinCo and Yahoo. SpinOff will operate as an investment company, and its share will be distributed to current Yahoo stockholders. Making the change in this way will avoid significant tax liabilities. The spin-off is expected to take place in September.

With this spin-off, it is possible that Yahoo would be more vulnerable to potential buyers. Alibaba itself may also be interested in acquiring SpinCo, which would essentially allow it to buy back its own shares. Yahoo has also been in talks with other companies for potential partnerships, such as Twitter, Inc.

These complicated spin-offs and business deals are definitely an area for an experienced business law attorney. However, any business change warrants at least a discussion with a business law attorney. Business litigation specialists step in when something in the deal went wrong or the buyer, seller, or investors are unhappy with the deal.

For a company like Yahoo, if something were to go wrong in any business deal, it would be extremely important to cut down media exposure as much as possible. It is fairly well-known that the company has been struggling lately (although the past few years have been better), and any negative attention would also leave the company vulnerable for a buyout.

At the first sign of potential business litigation, speak to a business litigation specialist. Call The Wade Law Group at 888-909-9430 so we can address your concerns as soon as possible.

Sources: http://www.law360.com/articles/615417/yahoo-to-spin-off-rest-of-alibaba-stake-to-new-company

https://www.law360.com/california/articles/616265/-40b-alibaba-spinoff-could-make-yahoo-an-attractive-target