Losangelesattorneys's Blog

Legal consequences for violation of Trade Secrets

05.08.08 (12:12 pm)   [edit]

A law blog with the heading, “The Price for Violation of Trade Secrets ”, have elaborated key points relating to trade secrets (including the violation thereof) as well as its implication in business. In particular, the blog relates that the key to a successful business or company lies in the formula, processes or designs that the company preserves.

In addition, the blog describe trade secrets having the following features:

1) it describes trade secrets as governed by state laws

2) it differs from other forms of intellectual creations like patent and copyrights

3) non-disclosure statement and non-compete clause can be an instrument for its preservation and protection

4) having no expiration dates

5) it is considered as intellectual creation

6) in cases of unwanted disclosure, a claim for compensation can be had against the perpetrators

On my part, I was obliged to provide an in depth exposition on the price for violation of trade secrets, not merely its concept.

Like any other cases of law violation, there are constitutive legal consequences involved for violating trade secrets. Aside from contractual breach in cases of wanton disclosures of protected secrets as contained in the non-disclosure agreements and non-compete clauses, violators can suffer several possible sanctions.

An injunction against the use of the information can be had against the perpetrator. In addition, it may also involved payment of a reasonable compensation in favor of the trade secret owner. In some instances, when the information is already out or disclosed somewhere, the court hearing the case can order the violator to pay a licensing fee to the owner of the protected information.

In the most offensive situations, a court can order the violators to pay exemplary damages.

These were just bits of the legal implication and consequences involved in violating trade secrets. In order to have more detailed account of the spectrum of trade secrets, an adeptly knowledgeable attorney shall be consulted.

Breach in Partnership Means Breach Of Confidence

04.16.08 (7:36 am)   [edit]

Lawyers and legal experts define breach of contract as “failure, whether intentional or unintentional, without legal reason, to live up to their end of a contract.” In any company, partnerships involve trust and confidence of one partner to the other.

Gaining the trust and confidence of your partner can be quite challenging. This is particularly true in a corporate partnership where each party must he true to their end of the agreement and one false move may subject the offender to a legal proceeding. Each party has their own duties and responsibilities which the other party is expected to fulfill.

I think that it will take a great amount of discipline and practice on the part of both parties to avoid breaching any agreement. While they are corporate partners, there is no assurance of one party remaining faithful to their agreement. Partnerships end when personal interests come in.

In retaliation for the unfaithfulness of the partner, the offended party files a case and makes the other party liable for the breach of agreement. After all the legal proceedings, the offended party is given the choice whether or not to continue the partnership or completely dissolve it.

Of course, if retaining the partnership will be good for the business, the offended party may opt to keep the partnership even though the mutual relationship has already been damaged.

In the case of the Amazon and Expedia partnership, both parties decided it would be for their good if they parted ways.

What are the Benefits of Litigation or Adjudication

04.16.08 (7:05 am)   [edit]

Peace and order in society is maintained by observance of the laws. But like other common human practices, the application of laws sometimes subject to abuse or misinterpretation.

One of these is in the nature the so-called vexatious litigation. Vexatious litigation is any legal action that is not likely to lead to any practical result. In most cases, this practice is often meant to harass or simply embarrass an opponent.

When this happens, people often defeat the purpose of the laws, which is to give justice and fair treatment to all people.

Ideally, litigation has several advantages that can benefit people and find resolution for many issues.

Here are some of the good points that can be derived out of this legal process:

• The outcomes of litigation are binding and enforceable. This is an advantage especially in situations where there is a serious lack of trust or respect between the parties.

• Adjudication produces an imposed, final decision that the parties are obligated to respect. An alternative process, such as mediation, produces only voluntary agreements that can easily fail.

• The use of court-based adjudication or litigation allows decisions to be appealed. The option to appeal has many benefits. For example in monetary settlements, the winning party is often willing to re-negotiate the settlement before it goes to appeal to avoid full reversal and retrial. Appeals also allow the reversal of incorrect decisions.

• Public adjudication has procedural safeguards that ensure parties due process under the law. Among such safeguards are cross-examination, limitations on hearsay and other rules of evidence, pre-hearing mandatory sharing of information between sides, and other statutory and constitutional protections.
• Court-based decisions are, in theory, based on principles of the law (established norms) that have been previously validated.

• Court-based adjudication is institutionalized, meaning that a party with a complaint needs no one's permission to bring a lawsuit against another party. In addition, since the courts are funded by the government, they can issue decisions that may be disliked by the parties, without fear of reprisal in any form.

• Litigated decisions are authoritative and based on precedent.

• Judges, the final decision makers in courts, are chosen through a variety of publicly known procedures that ensure they are qualified for the job.

• In addition, there are cases where settlement of a short-term dispute is all that is needed or possible.

Loss of Confidence Leads to Breach of Partnership

04.11.08 (8:14 am)   [edit]

In legal terms, a breach of contract refers to the “failure, whether deliberate or unintentional, to comply with the terms of agreement.” One of the main characteristics of a partnership is that the parties involved have complete trust and confidence in one another.

When one of the parties commits breach, this means that they no longer believe that the partnership existing between them is no longer as solid as it used to be since there is now a gaping hole in that relationship.

Trust is the foundation of any relationship, whether personal or business. In a partnership, it is important that trust remain for the company to function smoothly. In this kind of business, one partner should be liable to the other. Thus, if one of the parties involved in the partnership fails to live up to the terms of agreement , then the other party can hold that their partner liable for breach.

Likewise, if the erring party has lost the confidence of their partner, I believe that the best thing to do is break the partnership. However, it is still up to the offended party whether they would still want to continue the relationship.

Nevertheless, of course, severing the partnership may have some detrimental effects on the business itself. Therefore, expelling a partner takes a lot of evaluation of the situation. What if the partner about to be expelled from a partnership decides to pull out their investment on the business?

In all of these, having a lawyer can make things much simpler.

Reducing the Risks of Accidents Involving Trucks

03.31.08 (7:13 am)   [edit]

It must be understood that truck drivers should not only be careful in driving these large vehicles but also they should understand that they have to exercise a higher duty of care to avoid causing harm on other people.

Compared to other types of motor vehicles, a truck has its enormous capacity to inflict injuries and other damages to whatsoever or whosoever engage in a vehicular catastrophe with it. Due to its massive size and weight, there is an extreme chance that the victims will die or if lucky enough, sustain serious injuries.

Thus, I do suggest that you closely look on some characteristics of a truck and its weak points in order to lessen the risks of being a poor victim of accident.

• It takes longer time to put a moving truck on hold

Approximately large trucks need more distance to halt, almost double compared to a car that travels at a similar speed. Thus, it is important that you keep a considerable distance from a truck behind your vehicle. Never try to take a sudden decrease in speed or stop in front of them. Most likely, this will result to a terrible accident.

• Longer vehicles, such as trucks, need more space in making a turn

As you may already notice, long trailers have to swerve out to the left before turning right and vice versa. Therefore, you should not try to overtake a truck especially on road intersections. Always expect that a truck will make a turn so take it slow and pay attention to its signal lights.

• Trucks has its blind spots

The fallacy is; truck drivers have better view of the road and their surrounding vehicles due to their higher position. You should be aware that despite of its superior front visibility and larger side mirrors, several areas around a truck could be dangerous for other motorists.

A trucker might not have a clear view of another vehicle near them particularly on the rear end and side portions. To determine if the driver has a good view of your vehicle, look at the truck’s side mirror. Seeing the driver’s face will tell that you are in the proper and much safer position.

Employment Discrimination on Homosexuals

03.28.08 (1:24 pm)   [edit]

Employment discrimination can be of various forms. It can be on sex, age, race, color, nationality, religion, status, or sexual preference.

Interestingly, discrimination on account of sexual identity or orientation has become a boisterous plight. This is because of the various gays and lesbian organizations that battle discrimination in the workplace.

In a survey Employment discrimination on the basis of sexual orientation promoted by conservative Christian organizations, it revealed that gays and lesbians have higher incomes than heterosexuals, and thus have no need of civil rights protection in employment.

This is clearly a manifestation of discrimination. Frustratingly, it is made by an influential group in the society.

Of course, Christian organizations have moral obligation in the society. However, to say that homosexuals do not need protection because they earn more than heterosexuals is a partial and bias comment.

Everyone needs protection from oppression regardless of sexual preference. Respect should be given if not from their being homosexuals but at least from being productive members of the society and as human beings.

But even if the average homosexual earned more than the average heterosexual, there are still many gays and lesbians discriminated against in employment, and in need of legal protection.

It only proves that, regardless of earnings or position, employment discrimination does exist. This is one social practice  that has become rampant through out these years.

When Is a Fictitious Business Name a Necessity?

03.26.08 (9:05 am)   [edit]

The rules on the use of fictitious names in business vary from state to state. In some states, a sole proprietor is sometimes allowed to use a business name rather than a personal name, which can either be one’s full name or part of one’s name – for practical purposes.

However in businesses where more than one person is involved or if only the first name is used, the filing of an assumed name makes more sense.

Why would you want to file an assumed name?

For sole proprietors, this is the least expensive way to legally do business under a business name. It has two advantages:

• It allows a person to use a typical business name without creating a formal legal entity (corporation, partnership, LLC, etc.). Using an assumed name, one can open a business checking account and get a business phone listing for the name.

• It allows a single legal entity (corporation, LLC, etc.) to operate multiple businesses without creating a new legal entity for each business. Since there is significant expense in filing and maintaining a corporation, using an assumed business name helps control costs while still allowing a person to expand his business.

How does one get an assumed name?

An assumed business name must be registered with the Secretary of State or other state agency. However in most states, registration is handled at the county level, and each county may have different forms and fees for registering a name.

To make sure that the chosen assumed name has not been used, you can perform a search through the government database, and then submit a simple form, along with the correct filing fee (anywhere from $10 to $50). In some states, they would often require that proprietors to publish a notice in the local newspaper and submit an affidavit to show that you have fulfilled the publication requirement. A proprietor can find out the local fees and procedures in the area where he intends to operate his business by calling the local county clerk.

However for anyone interested in filing an assumed business name, you must remember that your real name may still appear in the records as actual business owners. This is done to ensure consumer protection.

If utilized properly, a proprietor may use a fictitious business name as a powerful branding tool at minimal cost.

Disparate Treatment Regarding Wages

03.05.08 (6:46 am)   [edit]

Disparate treatment is often an issue in most employment discrimination lawsuits, which is regarded as the act of straightforward discrimination.

Employment discrimination cases may either be classified as a disparate treatment case or a disparate impact cases.

So what’s the difference?

In a disparate treatment case, the employee claims that his employer treated her differently than other employees who were in a similar situation. For example, if a male and a female employee both skipped work one day and the employer fires the female employee but not the male employee. Then that is disparate treatment because of sex which would violate Title VII of the federal anti-discrimination statute.

On the other hand, when the acts committed by an employer results in a much bigger impact on one group than on another, the issue may lead to a disparate impact case. For instance, the employer who does not hire high-school graduates might have a much bigger impact on blacks than on whites.

In the typical disparate treatment case, the central issue will be whether the female employee was treated differently because of her gender or because of her attendance record. In this case, the answers to “because” or “why” will be crucial in the case.

In mentioning this situation, I am reminded of the long-standing issue regarding wages between male and female employees. Although several bills have already been introduced and passed by lawmakers on the issue of equal pay, the gap still remains wide.

At present, women workers and employees still continue to press for equal pay.

Here are a few hints on how claims are commonly proved and disproved in a disparate treatment case.

• Employee’s prima facie case – Sometimes employers try to hide the reason behind an employee’s termination. Therefore, courts have created methods for employees to use “circumstantial evidence” to help prove their case.

• Employer’s non-discriminatory reason - Once the employee presents the circumstantial evidence, the employer will usually reply by saying that she was fired for a “legitimate and non-discriminatory reason.”

• Pretext - Then the employee can respond to that by proving that the reason offered by the employer was just a “pretext” or cover-up for an improper or real reason.

Related Impact of Proposition 209 and Other Discrimination Issues

02.01.08 (10:04 am)   [edit]

Proposition 209 was passed by referendum in California in 1996. After legal challenges were settled, the proposition went into effect in 1997. After this, dramatic changes immediately took effect, not only in regard to discrimination policies on workers, but also on the state higher education.

In the University of California (UC) schools, for example, a marked increased occurred in freshman registration in 1998. Since the passage of the bill, higher graduation rates have been posted at other UC schools. The African American graduation rate at the University of California, Berkeley increased by 6.5 percent, and rose even more dramatically, from 26 percent to 52 percent, at the University of California, San Diego. African American graduation rates at UC Berkeley also increased by 6.5 percent, the enrollment rates dropped significantly.

Opponents of the action may continue to debate the issue regarding this anti-discrimination policy but they cannot deny the fact that more people have better access to education today than it was before the passing of the law.

I believe this one of the best results of this anti-discrimination policy – the opening up of more opportunities to people in various fields. The passing of this law also gave colored people a better chance to have an equal opportunity to excel in business, law, entertainment, and even politics.

On the other hand, other discrimination issues based on gender or religious belief must also be tackled today. I believe these two issues need urgent resolutions.

Many of us are aware of these. Take a look at the growing number of class action lawsuits filed by women workers against their employers. I think this is due to the growing consciousness toward anti-women policies in most of the workplaces.

In most of these class action lawsuits, the common issues are the following:

• Disparate Treatment
• Disparate Impact

There are two types of sex discrimination, namely: disparate treatment and disparate impact.

Disparate treatment is straightforward discrimination while disparate impact occurs where some type of company policy excluded a certain individuals from the job or from promotions. Often, the policy was not designed to exclude them; but the unfortunate result happens.

• Equal Pay Act – in which an employer may not discriminate in wages on the basis of sex.
• Stereotyping - It is also illegal to make employment decisions based on stereotypes regarding gender.

The Privilege of the California Proposition 209

01.15.08 (11:05 am)   [edit]

Workers in California are protected against discrimination by state and federal laws. These laws apply to those who perpetrate abuse and discrimination in the workplace.

To mention a few, here are some of the state and federal laws that give protection to workers or allow him to enjoy certain privileges:

• American With Disabilities Act (ADA)

• Age Discrimination in Employment Act (ADEA)

• Equal Pay Act

• Family Medical Leave Act

• Civil Rights Act of 1964 ( Title VII)

Similarly, there are certain provisions of the state Constitution, which are not only gainful to workers, but are beneficial to the education sector as well. The California Proposition 209 is an amendment to the Constitution done in 1996, which includes an important new anti-discriminatory provision in Section 31 of Article 1. Part of the section reads:

a) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

b) This section shall apply only to action taken after the section's effective date.

c) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex, which are reasonably necessary to the normal operation of public employment, public education, or public contracting.

d) Nothing in this section shall be interpreted as invalidating any court order or consent decree, which is in force as of the effective date of this section.

e) Nothing in this section shall be interpreted as prohibiting action, which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state.

f) For the purposes of this section, "state" shall include, but not necessarily be limited to, the state itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.

g) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.

h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution , the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.

This important provision and the other equally vital laws on discrimination help keep our workers become more productive and secure at work. In the first place, these laws are specifically created to address the issue of discrimination.

In instances where you believe that discrimination incidents are prevalent, it is best to consult a discrimination lawyer and report the matter to a government agency office nearest you.

Anti-Employment Discrimination Laws

01.02.08 (8:47 am)   [edit]

The labor sector in Los Angeles and all other parts of California deserves proper treatment. Their legal rights against discrimination must always be upheld. Nevertheless, the employers should provide them all their benefits and avenues to improve their skills to become more productive.

Here is an overview of some of the important law provisions that state the rights of the laborers against discrimination:

Americans with Disabilities Act (ADA)

This law statute seeks to protect those people who are suffering from physical or mental ailments that restrict them from exercising various activities. As provided under the ADA, “disability” comprises of walking impairments, hearing and vision deficiencies, minor mental illnesses and muscle disorders.

In addition, the ADA forbids the employers to base their employment procedures on the disability of an applicant. They should also treat these employees fairly in terms of paying their wages and benefits along with providing them with equal opportunity regarding promotion and job assignments.

Age Discrimination in Employment (ADEA)

Primarily, this protects individuals above forty years old from discriminatory practices of employers based on age in the hiring, promotion, and termination aspects of employment. However, this law applies only to those companies with twenty and above workers.

Equal Pay Act

As its title prescribes, this law obliges the employers to give equal payment to employees of similar tasks and work output, regardless of their gender.

Employee Retirement Income Security Act (ERISA)

This Act detailed the obligation of the employers in handing over welfare benefit plans to their workers.

Family Medical Leave Act (FMLA)

Under this Act, it is the right of the employees to be given unpaid family leaves every year for the following purposes:

• taking care of a new born or adopted baby
• caring for an immediate family member with serious ailment
• undergoing medical treatment for their own serious health condition

Title VII of the Civil Rights Act of 1964

This provides an almost complete prohibition for employers to discriminate their workers based on their color, nationality, race, religious belief, gender and even disability in all aspects of employment. Title VII requires the employers to base their employment decisions not on a person’s association in a protected class but rather on their companies needs.

A Car Accident Lawyer’s Importance

11.19.07 (3:46 am)   [edit]

Various impediments may arise as a car accident lawsuit prospers. As indicated in a blog article, some factors affect the capability of the injured victims to acquire damages from the liable party. Most of the times, these tend to limit the recovery if not completely prevent the injured from obtaining justice.

For once, any person who has been involved in a catastrophic car accident must consult a fine and competent lawyer. That is, to help him with the following problems that might arise in claim proceedings:

Determination of Liability

Before filing the claim, all the elements of the car accident scenario must be fully assessed. Every law infringement exercised by the other party should be well listed as well as all the damages incurred by the victim. This is to have a well-calculated value for a car accident claim. It is also necessary to establish whether the injured victim has not violated any traffic rule that makes his eligibility to recover weak.

Gathering of Evidences

Another great factor in establishing the liability of driver’s negligence or unlawful acts is through having a bunch of evidences presented in forms of documents, witness testimony or even actual pictures of the accident scene. Yet, most victims are having a hard time determining what exactly good evidence is. With a legal advocate to guide them in collecting these vital proofs, they will greatly improve the merits of their cases.

Protection of Legal Rights

There are several laws that may seem so difficult to understand. Since most victims are not fully aware of the laws that guarantee their protection and well-being, it is just an advantage to have a car accident lawyer to explain these privileges to them. A lawyer will also defend them in case of any irregularities in the proceedings of the claim arise.

Many other things explain why car accident lawyers are imperative in pursuing a legal action. Now, in case you or your loved one has been involved in any similar scenarios, better act now before you find yourself helpless in obtaining justice.

Be Not Afraid; Blow the Whistle

10.19.07 (2:30 pm)   [edit]

One major concern that an employee may experience in his job is having a boss who seems to be wicked in performing his tasks and obligations. Due to their influence in the company, some superiors believe that they can get away from their ill-mannered performances that may affect the employees and especially the public. These include:

    -  Tax evasion or fraud
    -  Inappropriate employee wages and benefits
    -  Work-related harassments and unfair treatment
    -  Sub-standard manufacturing procedures
    -  Improper hazardous waste disposal scheme
    -  Other types of labor code infringement

Informing the authorities about an illicit act of a company superior is indeed frightening. As a subordinate, many employees still choose to protect their bosses from either humiliation or a court case. They tend not to whistle blow for the fear that they might lose their jobs or maybe, retaliated against by these powerful individuals in their companies. Until, they are not fully affected, they opt to keep their mouth shut and act blind for the things they know or see.

This is not precisely a noble idea for me. I think they should understand the fact that our labor laws carry some important provisions that aim to protect those employees who manage to divulge any wrongful acts of their employers of superiors. The Whistle Blowing Statutes safeguards the workers from retaliatory acts such as:

    -  work dismissal or termination
    -  demotion
    -   harassment
    -  increasing work pressure
    -  assigning more difficult tasks
    -  withdrawing benefit grants
    -  other forms of discrimination that may affect the performance and esteem of the whistle blowing employee

It will be an overwhelming concern in a workplace if such unruly acts of a superior will continue. Therefore, as an upright citizen, you have the duty to helping the government in incriminating these unlawful acts. Thus, it is also your responsibility to let them know of these cases.

In blowing the whistle, aside from disregarding your fears, it is necessary for you to hire an experienced attorney who can give you proper guidance and protection.

The Dangers of Cell Phone Use on Roads

10.17.07 (2:04 pm)   [edit]

An article telling a story about an accident involving a teenager who was hit by a raging train due to his inattentiveness while using his cell phone is quite an unfortunate case of irresponsibility in utilizing a modern technology. Can you just imagine how can't somebody notice a train coming near and ready to crush to him to death? I also believe that the train operator has done no wrong and the victim, Zachariah, should have known the risks of cell phone misuse.

Indeed, cellular phones may put people’s lives in danger if not used in a prudent or responsible manner. This was proven by a research managed by the Virginia Tech Transportation Institute and funded by the National Highway Traffic Safety Administration or NHTSA. Their reports state affirmed that inattentive driving due to many distractions such as cell phones could be attributed to the added risks in road travel.

Moreover, the study also revealed that dialing and engaging in cell phone conversations, both could cause either near-crashes or actual collisions. These accidents might end up in serious injuries or even fatalities.

Now, let me impart some tips on what you may do in case you really need to use your phone while traveling.

First, if somebody called you in the middle of your driving, look for a safe place to stop before answering your phone. If you were not alone in your car, it would be better if you would just ask him or her to answer the call for you.

Next, if in case you need to make an urgent call, you may do the same thing. Yet, try to organize your schedule properly. Some calls should have not been needed if only people have managed their time and activities well.

Finally, always remember that driving is not a joke. You must put a lot of concentration in handling the driving wheel. Be attentive and prudent at all times so you may not be a victim of a car accident or you may not cause harm to other people.

Mistreated by a medical professional

08.28.07 (9:27 pm)   [edit]

Have you ever wondered why some health care providers still engage in medical malpractice despite the extensive studies and researches that they have undergone? Primarily, they are the ones who are supposed to provide treatment to our illnesses. But, the accounts of medical malpractice cases in the United States are seemingly unstoppable and still increasing. These instances have brought about serious concerns, both on the part of the government and the public.

Medical malpractice is the failure on the part of a doctor to exercise due prudence in determining and curing his patient’s ailment. Such performance is illegal since it would be in contradiction to their sworn responsibility to the people. This is the mere reason why our law punishes those who will be proven guilty of these illicit acts.

Among the retributions that these unruly doctors have to face are the cancellation of their licenses, payment of damages to their victims and other penalties as ruled out by the court.

According to the statistics, approximately 80,000 victims die every year due to medical negligence across the country. This huge number was only based on hospital accounts; it does not include other fatalities in private clinics and other treatment facilities. Thus, the government institutions that supervise the medical profession should immediately look into this to minimize its future occurrences.

If you have been a victim of medical malpractice, report your case to the proper authority immediately; Statute of limitations does apply in this type of case. You may also seek the guidance and assistance of a personal injury lawyer who can professionally handle your case. A legal advocate will ensure that your right will be protected and guarantee positive outcome in your petition.

Drink, Drive and Kill

08.28.07 (9:09 pm)   [edit]
It is a fact that the California Law has been imposing strict punishments for those individuals who will be caught driving their cars under the influence of liquor. However, it is quite depressing that despite the massive campaign of the government and the private sector against drunk driving, a huge number of motorists still opt to defy the road safety rules. Consequently, they are endangering not just their lives but also the lives of the other road users, including the innocent pedestrians.

Drunk driving alone is a traffic offense that can cause you much trouble if caught by an officer. In this case, you would need to pay government fines and it might be the reason for the cancellation of your driver’s license .

In addition, your problem could get even worse if you would be involved in an accident wherein you happen to injure or kill someone due to your recklessness. Your victim or victims are entitled by the law to file personal injury or wrongful death claims and demand for monetary damages from you.

Just imagine; a short-lived happy moment with your friends may bring upon lasting effects to other people and serious legal obstruction to you. Remember, drunk driving kills; don’t get too intoxicated. Consider not just your family but also the families of your possible victims.

So if you or your friends are planning to have a night out, better be sure to have someone, who will not get too drunk, to drive the group home safely. Think again, it would be a smart decision to follow the rules than to get someone hurt or killed. This is also to prevent you from being sued in court and paying monetary damages to your victims.