Attorneys at Law and Consulting Professionals
Law Offices of Patrick McMahon provide a wide range of services to individuals and businesses in a variety of industries. We strive to meet each client's specific needs in planning for the future and achieving their goals in an ever-changing financial and regulatory environment. Our professional services include:
Employment law is a broad area encompassing many areas of the employer/employee relationship. Employment law consists of thousands of Federal and state statues and regulations. The federal government and most states have laws that prohibit private persons, organizations and governments from discriminating against people by:
- Sexual Harassment - where the employer subjects an employee in the work environment to unwelcome verbal and/or physical sexual behavior or other abusive behavior including sexual demands.
- Racial Harassment - Title VII of the Civil Rights Act of 1964 bars employers from discriminating in employment decisions on the basis of an individual's race. Types of racial discrimination include racial harassment, failure to hire or promote, creating a racially hostile work environment and termination because of race.
- Disability Discrimination - The Americans with Disabilities Act and local laws prohibit discrimination against and harassment of qualified individuals with a disability who can perform the functions of their job with reasonable accommodation.
- Age Discrimination - In employment, individuals are protected from age discrimination by employers on the basis of age under the Age Discrimination in Employment Act.
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Estate planning is the attorney-assisted process that examines your needs and assets and helps you realize your goals. There are two major goals in most estate planning: to keep costs down and to make it as efficient as possible. By utilizing wills and trusts our firm prevents unfortunate probate situations and assists in creating a peaceful enviornment upon the passing of a loved one.
Probate is the judge-supervised process of paying a decedent's legitimate bills, inventorying and appraising a decedent's assets, and distributing the assets to the decedent's heirs or beneficiaries. Law Offices of Patrick McMahon takes pride in allowing our clients to address more personal issues by speedily resolving any lingering questions.
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If you are struggling with consumer debt, credit card debt, high medical bills, tax debt, business debt, or any other form of debt, Law Offices of Patrick McMahon can help. Bankruptcy proceedings are administered by the United States Bankruptcy Courts in order to provide both the debtor and the creditor with an equitable resolution. This means that, in both Chapter 7 liquidation or Ch. 11, 12, or 13 rehabilitation cases, the debtor is afforded protections to his estate or business.
Though trying, filing bankruptcy is not an act of euthanasia. By taking the time to fully understand your situation and answer all of your questions, Law Offices of Patrick McMahon can handle every step of the process for you, efficiently and effectively resolving you debt. Law Offices of Patrick McMahon understands the stress you are under and the worries you face, and we offer compassionate and reassuring counsel tailored to meet your needs now and into the future.
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Taxation is a broad and complex area involving inter-related law at the international, federal, and state and local levels. Taxes may be 'the price one pays to live in a civilized society,' but given their intertwining and multi-tiered nature taxes are a burden to many citizens. Our expertise will aid in alleviating that burden.
Law Offices of Patrick McMahon's tax services can help you restructure and expand your business, or move into markets in other states or countries. For individuals, we offer tax advice on cross-border issues as well as domestic tax issues. Law Offices of Patrick McMahon can represent you or your business before the IRS and other tax agencies. When litigation is necessary, we are aggressive, creative and thorough.
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Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law, achieving a uniform approach across courts, and the pursuit of justice, more generally. Argument in appellate court centers around written briefs prepared by the parties. These state the questions on appeal and enumerate the legal authorities and arguments in support of each party's position.
Law Offices of Patrick McMahon provides the highest quality written and oral advocacy at every level of the federal and state appellate courts. Whether a client seeks to overturn an unfavorable verdict or preserve a favorable result, we bring to bear our extensive appellate expertise to counsel on the prospects of a successful appeal. That expertise includes a comprehensive understanding of the procedural and jurisdictional nuances of appellate practice, as well as the nuts and bolts of meeting the diverse requirements of the various courts in which we practice.
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It is nearly impossible to drive a lifetime without being involved in a car accident. Insurance companies and their adjusters deal with thousands of auto collisions every year. Their motivation is to make a profit and keep costs down. That means it is not in the insurance company's best interests to help you. You should make sure you are adequately and responsibly represented before negotiating any claim with the insurance company.
It is important when involved in a car collision to make sure a police report is filed, not to give any recorded or written statements to an insurance adjuster, and not to sign anything, especially a medical authorization without first consulting a lawyer. The sooner you seek legal representation, the sooner your rights and your claim will be adequately protected.
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A business or property owner bears the responsibility to exercise reasonable care in the maintenance of their property, as well as to notify or warn visitors to the property of any hazards that exist and might cause a slip, trip or fall.
A business or property owner is liable for a 'slip and fall' accident when they are negligent in failing to reasonably maintain their property or in properly warning visitors of latent dangers.
Determining liability in a 'slip and fall' accident can be difficult, involving many contributing factors. Law Offices of Patrick McMahon will assure your rights are protected.
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Negotiated settlements of claims arising from medical negligence frequently involve the issue of confidentiality between the parties. In cases where a defendant physician, facility or other health care provider demands a confidentiality provision as part of a settlement agreement, plaintiff's medical malpractice lawyer must consider several factors prior to agreeing to include confidentiality as a material term of a release and settlement agreement.
The first and most obvious consideration is the client's intent and objective in bringing the action in the first place. A client that is dealing with their own, or a family member's loss, as a result of a medical error experiences a wide array of emotions in deciding whether to pursue a claim. A frequently stated motivating factor is the desire to make sure this doesn't happen to someone else. As noble a cause as this may seem, it does not square with the remedies available in most jurisdictions, or the purpose of the civil trial system. The civil litigant is entitled to fair compensation for their injuries, and that remedy is the 'justice' available.
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The law of products liability involves the liability of a manufacturer, wholesaler, or retailer of a product for injuries caused by that product. Consumers have rights which protect them from defective products, and manufacturers have a legal obligation to provide safe products.
Product liability law invoves only items marketed for sale or lease and only injuries which occur as a result of a defect or deficiency in the quality or performance of the product. A products liability claim can be brought against anyone in the marketing chain, from the manufacturer to the retailer. While repair persons, installers, and inspectors may not be liable for the actual failure or defect of a product, they may be liable for negligence or breach of warranties for faulty repairs, installation, or inspection which causes personal injury or property damage.
When faced with an injury caused by a product which was improperly designed, manufactured, or maintained, it is important that you choose a law firm experienced in handling products liability cases. The proper handling of a products liability case requires a thorough investigation by an experienced legal team to determine which organizations should be named as defendants and which legal theories should be pursued. Also, knowledgeable experts must be engaged in the case to provide testimony at trial. Our products liability team has the experience to conduct a thorough investigation to make your products liability case the strongest possible.
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The value of your claim is determined by statute and depends mainly on the kind of injury and the extent of any permanency. There are two ways that a workers' compensation claim can be settled. The first kind is a settlement agreement written on a form provided by the Industrial Commission and the other is what is commonly called a clincher agreement. The main difference between the two involves your right to future benefits because of a change of condition within two years after the last date you received a check. In the IC form, your right to possible future benefits is preserved. In the clincher agreement, this right is waived in exchange for an additional sum of money.
Settlement of a workers' compensation case can be complex, especially if there are return-to-work issues. Before you sign anything, you should consult Law Offices of Patrick McMahon.
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While our commercial litigation courtroom skills are second to none, the ability to try and win a lawsuit is only part of an effective legal representation of a business. We understand that often the greater challenge, and more important service, is to ascertain and achieve the out-of-court result that best advances the client's interests. When engaged to represent a business client, our first task is to determine what goals and interests are truly vital to the client. We then explore all avenues (creative settlements, mediation, arbitration and trial) to meet them.
Our commercial litigators also understand that, in business, it's the bottom line that counts. The best legal advice and representation in the world is useless if the resulting legal fees bankrupt the company. We are committed to cost-effective service and to performing only the work necessary to accomplish the client's goals. We will work with business clients to define value from their (and not our) point of view, and then structure a fee arrangement based on that value.
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Unlike civil law, which involves private law suits between two or more private entities, criminal law attorneys represent clients who are being prosecuted by the state or federal government for an act that has been classified as a crime. Any act or failure to perform an act as designated by public law is considered a crime. With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea) and the intent to do social harm. Crimes are classified as 'misdemeanors' (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and 'felonies' (more serious offenses that warrant imprisonment of one or more years, such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil law suit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But, the prosecutor in a criminal law case has to prove to the judge or jury 'beyond a reasonable doubt' that the defendant is guilty of the crime charged.
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Family law is often perceived as pertaining mainly to divorce and child custody matters. However, this is only part of the picture. In addition to divorce and custody, we also offer expertise in areas such as prenuptial agreements, paternity actions, and post-judgment proceedings.
We are also actively involved in alternative dispute resolution proceedings, such as mediation and arbitration. These mechanisms enable parties to resolve their problems in a private setting, away from the emotional trauma and anxiety often present in a courtroom.
We understand that each client's case is unique and important, and demands a complete view of all of the issues involved. We do not believe in the 'cookie cutter' approach to divorce. Our clients deserve and receive the personal service and attention they need, at what might be the most difficult point in their life.
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Today's business environment is one of constant change, of rethinking how business is conducted and how businesses can meet the challenges of a global economy. Traditional ways of conducting a business practice provide guidance, but they are only a starting point for creative development of business transactions. Similarly, whether the real estate market is in a 'boom' or 'bust' phase, there is substantial money to be made or lost. The objective of our business and real estate focus is to help our clients minimize risk and maximize opportunity, regardless of the cycle. Our lawyers have many years of experience in structuring purchases and sales of businesses, buy-sell agreements, and other corporate arrangements and real estate transactions.
What makes our business and real estate practice particularly well-suited to our clients' needs is our experience. We are able to act as business counselors in suggesting alternate ways of accomplishing goals, and in assisting our clients to achieve their goals in the optimum way. We can also provide assistance in all forms of business and real estate transactions, including loans and other financial arrangements, joint ventures, and strategic alliances. That is because we are large enough to have attorneys with practical expertise not only in business and real estate acquisitions and finance, but also in the critical allied fields of taxation, estate planning, bankruptcy, and commercial litigation. However, our firm is also small enough that we can communicate effectively with each other to solve our clients' problems. The result? Business and real estate problems are resolved efficiently and in their totality, resulting in significant savings for our clients. An important part of our business group involves planning to minimize state and local taxes such as sales and use tax, corporate net income tax, capital stock/foreign franchise tax, personal income tax, business privilege tax, use and occupancy tax, liabilities and real estate assessment and real estate exemption determinations. We assist business with restructuring activities in order to take advantage of existing tax law provisions. And if a state or local governments asserts that a business owes taxes, we are able to review the taxing authority's determination and, if appropriate, challenge the determination through an administrative appeal or, if necessary, in court. Simply put, we will provide the practical advice you need to make your next business or real estate venture as profitable as possible.
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Law Offices of Patrick McMahon represents clients in the areas of intellectual property and unfair competition law, including patent, trademark, and copyright.
These are essential to the success of technology-driven enterprises. Our goal is to help clients avoid conflicts, but, when conflicts do arise, we provide expert representation in state and federal courts. In the ever-evolving arena of technology-based business we provide vigilant protection to ensure our client's ideas are protected as well as any material asset.
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Often, litigation does not present the most efficient means of resolving a dispute. In this instance, we are prepared to pursue arbitration or alternate means of settlement in order to swiftly and amicably find a solution. Awards are made in writing and are enforceable in court under state and federal statutes. We view arbitration not as a concession, but as a creative and economical medium to achieve awards commiserate to those won in litigation.
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You have the right to a safe workplace. When you suffer an injury at work, you have the right to seek workers' compensation benefits. Workplace accidents are as varied as workplaces themselves. Many times, disputes arise of the nature and severity of your workplace injury. Sometimes disputes even arise over whether or not the injury has an impact on your ability to perform your employment duties. These disputes can result in a denial of benefits or receipt of benefits in an insufficient amount. Law Offices of Patrick McMahon is dedicated to helping you secure the benefits you need.
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International Law serves the needs of international business clients, providing services to exporters, importers, trading companies, export management companies, the technology-based client, the small business client, startups, outbound investors and inbound investors. Law Offices of Patrick McMahon's expertise covers a wide range of legal issues, including corporate transactions, financial services, tax transactions, trademark services and entertainment issues.
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Personal injuries not only cause physical pain, but also cause emotional and financial hardship through loss of work, medical bills and stress placed upon individuals and families. Whether caused by an automobile accident, a defective product, or other negligent, careless or reckless conduct, injuries alter lives forever. Dealing with insurance companies and their vast resources can be frustrating and intimidating to many individuals. Despite what insurance adjusters may tell you, insurance companies do not represent the interests of the injured party. We will aggressively fight for you to obtain a settlement or trial verdict that fairly reflects all your damages, including medical bills, lost wages, emotional stress, pain and suffering, and other damages.
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Bad faith litigation normally involves an insurance holder that alleges the insurer has acted in 'bad faith'. The term 'bad faith' indicates the insurer has delayed payment of a claim for no apparent reason or has not honored the agreement of the contract. Not every claim denial will automatically mean bad faith litigation, so it is in the best interests of those wishing to pursue bad faith litigation to contact a qualified bad faith litigation attorney.
Law Offices of Patrick McMahon will review the details surrounding the disagreement. In the event that we feel that there is a strong case the matter can often be amended by having us write a letter to insurer. Some disputes and claim denials will require a more aggressive litigation approach and we can more actively pursue the case.
