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Nicholas Deleault's Articles

  • What to Look for in a Special Needs Trust
    Parents of children with special needs face unique and often troubling obstacles when attempting to financially plan for the future. Most often, these parents substantially rely on supplemental security income (SSI) benefits through the Social Security Administration, which helps to pay for treatments and necessary special needs programs. The dilemma faced when planning for the child's financial future is that an outright bequeath to a child will most likely disqualify them for public assistance, and the child is also most likely unable to care for themselves.
  • Theft of Your Digital Photos and Videos
    Whether its Youtube for videos or Flicker for photographs, the ever increasing demand for entertainment leads to the creation of more and more websites dedicates to displaying amateur "art" in the hopes of widespread popularity. As evidenced by the recent sale of YouTube to Google for $1.65 Billion, once a website gains widespread popularity, riches are not far away. This trend has increased the demand for new and entertaining content.
  • The Ten Essential Qualities of a Civil Litigation Attorney
    The following is a list of the 10 most important qualities that a civil litigation attorney should possess in descending order.
  • The Priority of Online Mortgages
    The principle generally governing what priority a mortgage is usually first in time, first in right, though modifications to this principle can be made in the course of the process. First in time priority generally belongs to the first party to deliver that specific security instrument for recording, though most states will not enforce this general principle if the person attempting to record has actual knowledge of a previously unrecorded claim
  • The Pitfalls of Online Wills & Trusts Forms
    There comes a point in every person’s life where it is appropriate and prudent to begin planning for the post death division of property and assets. It is necessary to anticipate and plan for the quagmire that is probate. For many facing the task of planning their estate, the mere idea of paying an estate planning attorney can be painful and many simply choose to forego such a task by using cheap or free online forms.
  • Probate Auctions on E-bay
    Whenever a person dies and leaves behind debt creditors, the administrator or executor of that person’s estate faces certain challenges in quickly selling real and personal property in order to satisfy creditors. The probate process is long and drawn out, and every shortcut available should be sought in order to shorten the amount of time that property is tied up in the process. Recently, with the great success of E-bay, people have discovered a quick and efficient way to unload property in order to satisfy debts. Not only has E-bay made the general premise of auctioning easier, it has also made it more understandable and desirable to the masses.
  • How To Use Metadata As An Examination Tool
    In today's computer dependent world, the zealous advocate must be able to navigate his way through every conceivable form of discovery in order to effectively represent his or her client. Failure to seek the appropriate records or the failure to respond to discovery requests with the appropriate electronic discovery knowledge could potentially expose both client and attorney to the risk of sanctions for discovery abuses and/or result in the spoliation of evidence.
  • How to Get Forensic Trial Animation Admitted
    With continuing technological advancements, no longer must attorneys rely on traditional forms of evidence in order to prove, defend or prosecute a case. The use of forensic computer animation used as evidence has exploded, bringing with it challenges to traditional principles of evidence admissibility. As offered, these computer created animations purport to demonstrate how a certain event did or did not occur. The unique characteristic of these animations is that they act as a means to synthesize all the evidence presented at trial into one visual representation.
  • How Private Are Your Documents?
    The modern day law office relies substantially on the computer system and the network upon which it operates. Document creation, modification and retention is inextricably tied to the office computer system, and often left vulnerable to theft or piracy via that firm’s open internet connection. As the power and potential of the internet expands, the threats to personal and document privacy increase proportionally.
  • How Massachusetts General Law 93A Affects Online Businesses
    Massachusetts General Law 93A, titled Regulation of Business Practices for Consumers Protection, is designed to protect those consumers who would otherwise be unaware of their legal rights. Mass. Gen. Law 93A. It becomes much more difficult to determine when a consumer protection claim based upon Mass. Gen. Law 93A exists when the business involved is only involved in electronic commerce, and especially when that business is not located within the state.
  • How Intellectual Property Assets Affect Estate Taxes
    Society is currently moving through a transition from a community whose wealth is based in tangible goods, such as the means of production, to a community whose true wealth lies in intangible forms of property.
  • How Chapter 13 Reorganizations Affect Online Creditors
    An online creditor’s ability to collect money after the initiation of a bankruptcy filing by the debtor, like other creditors, will largely depend on the nature of the debt. Due to the speed and anonymity of electronic commerce, most online creditors will be unsecured.

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