What happened. Claire Miller, a cashier at a Home Depot store [location not stated] had $1,000 missing from her cash drawer when she finished her shift on February 23, 2003. The next day, two investigators from The Home Depot’s loss prevention group asked her to leave her register and led her to a small room. There, Miller said, one of them loomed over her and the other blocked the door. They refused to allow her to call her husband or a lawyer and told her she could leave the room only after she signed a confession.

After 2 hours she finally signed it, and she was terminated. The Home Depot pressed larceny charges, and the case went to a jury. There was also evidence, however, of flaws in The Home Depot’s cash accounting system and evidence of several other employees who could have been responsible for the loss. At the trial, Miller’s lawyer raised the issue of the voluntariness of the confession, but the trial judge refused to conduct a separate hearing on that issue. Her confession then went before the jury as a key piece of evidence, and the jury convicted her. Miller appealed, raising the issue of voluntariness.

What the court said. If the evidence before a trial judge raises a substantial question about the voluntariness of an employee’s confession, that judge must hold a hearing on its admissibility outside the presence of the jury. This requirement applies regardless of whether the confession was obtained by police or, as here, by private investigators.

In this case the appellate court was troubled by what it called “oppressive interrogation techniques,” including isolation and coercion, and stated that the question of whether Miller’s confession was “of free will and rational intellect” was very much a live issue. At the evidentiary hearing that should have been held, the voluntariness of the confession should have been measured by “whether, in light of the totality of the circumstances surrounding the making of the statement, the will of the defendant was overborne to the extent that the statement was not the result of a free and voluntary act.” The court reversed the judgment and set aside the verdict. Commonwealth v. Miller, Appeals Court of Massachusetts, No. 05-P-1252 (5/4/07).

Point to remember: In questioning employees about possible workplace crime, employers should know that according to the Massachusetts Supreme Court, the admissibility of any confession depends on (1) the time and conditions under which the questioning took place, (2) the content and form of the questions, and (3) the physical and mental condition of the employee during the questioning.

Outsourced and temporary employees have become a major presence in many companies in recent years, and they have their own set of security risks.

“Companies are basically keeping a core staff, and getting rid of the rest of their employees,” said Joseph Musacchio, president and CEO of nextSource Inc., a New York City-based company that provides what it bills as a “one-stop shop” for staffing and related services to companies worldwide, including San Diego. “People want as little in the direct payroll as possible, keeping only what is necessary to run the business.”

With these new forms of expression, new issues about privacy are being raised; particularly issues over employment. The question is, should employers be able to hire or fire based, at least in part, on the information posted on an employee or potential employee’s profile? Well, let’s examine the issue, shall we?

A person’s profile is a place for self-expression in the virtual world. It’s a place to project a tiny piece of personality using any type of media you’d prefer. Photos, videos, graphics, songs, quotes, and Favorites lists are all there to say, “This right here is me. This is what I like and what I do. This is who I am, and I want you all to see it!” It’s an environment that puts you in complete control of how others view you. You can be anyone you want to be, just like mommy always told you.

Ms. Bennett, vice-president of human resources and finance at the Ottawa Citizen and the incoming chairwoman of the Human Resources Professionals Association of Ontario, says: “You can’t do a background check willy-nilly.” Rather, she says, there has got to be a “bona fide reason behind it.”

For example, Ms. Bennett says, she would not hire somebody with access to money without checking to see if there were charges for embezzlement or fraud on their record. “I don’t care if it’s a DWI charge unless it’s an obligation of the job.”

20th Century Fox served YouTube with a subpoena Wednesday demanding the Google-owned viral video site disclose the identity of a user who uploaded copies of entire recent episodes of primetime series “24″ and “The Simpsons.”

The subpoena, which first came to light on the blog Google Watch was granted by a judge in U.S. District Court for the Northern District of California after being filed by the News Corp.-owned studio on Jan. 18. It is not yet known whether YouTube has complied with the request.

In addition, a second, lesser-known video site, LiveDigital, was also served with a similar subpoena.

A Fox spokesman confirmed the subpoena was filed to both YouTube and LiveDigital and served but declined further comment. A spokesman for YouTube declined comment.

The “24″ episodes in question actually appeared on YouTube prior to their primetime Jan. 14 premiere on the Fox broadcast network, which spread four hourlong episodes of the hit drama over two consecutive nights. Fox became aware the episodes were on YouTube on Jan. 8, according to the subpoena.

The repossession process today really begins with the way companies do business. In today’s business world, many companies sell products and offer financing at the same time or lease and rent products. In all these cases, there is a risk that the customer will simply not honour their contract and will not pay.

When a customer does not pay, the business has a few options. They can write off the loss, they can keep trying to collect on the delinquent account, or they can repossess the item that has not been paid for. Repossession is a legal process that allows a business to legally take over a product in cases where a contract has been broken. No business likes to repossess – it is a costly hassle and still results in some loss of money – but in cases where money cannot be recovered, repossession lets a company recover some of their lost money and assets.

Repossession also lets a business cut their losses. Statistics have shown that most accounts more than 90 days outstanding will not be paid. The entire time that an account goes unpaid and an item goes uncollected, the seller or lender loses even more money in sending out collection letters. Plus, the items continue to be used, lowering its potential resale value even more. For all these reasons, repossession can be a good option for severely delinquent accounts.

The first step in repossession usually involves looking over the paperwork. The company will have to look over the contract between the business and the customer. The contract that the customer signed must state that the seller or lender can repossess the product. The contract should also outline exactly when the business can repossess. It is important that the business wait until this date has passed before making any attempts at repossession. Some contracts further state that the customer must pay certain fees if non-payment occurs, usually to cover the money that the seller or lender loses through repossession and through the reselling of the object.

Next, businesses must gather all evidence and paperwork related to the repossession. This can include a copy of the contract, evidence of non-payment, and letters of reminder and collection that have been sent to the customer. Finally, the business must contact a good private investigator or repossession service in order to have the products recovered.

There are plenty of good reasons to rely on a professional – and, specifically, a professional investigator – in the repossession process. Taking possession of products without help is time-consuming and can be risky. Each state has its own laws regarding trespassing and repossession. A business owner can break just one law and find themselves charged. Plus, any small legal oversight in the repossession process can give the customer all the ammunition they need to have the repossession declared illegal – which can cause big headaches for the business already losing money. All this can be avoided by having a professional take care of the repossession.

Although there are plenty of repossession companies out there, there is a good reason to look for an investigator with repossession experience. Such a professional can not only repossess a product legally, but can also find customers who have moved away or who have concealed a product in order to keep it from being seized. Keep in mind that most customers take a very dim view of repossession and may resist repossession. An investigator has the experience and knowledge of what to do to get the product back for a business – quickly and without damage.

Now, businesses can find local investigators more easily than ever before. Online, the PInow.com Worldwide Directory of Private Investigators is a free investigator directory that lets anyone find a qualified professional investigator in minutes. Plus, the PInow.com Worldwide Directory of Private Investigators has a free repossession resource library, full of tips for businesses.

About PInow.com
PInow.com (http://www.pinow.com/) is a Worldwide Directory of Private Investigators that enables law firms, corporations and the general public to find investigators anywhere. PInow.com strives to be the most trusted resource on the web to locate qualified investigators. All investigators listed on PInow.com are pre-screened and must meet specific listing requirements.

PInow.com was developed by the team that brought you the ServeNow.com Process Servers Directory (http://www.serve-now.com/).

Visit PInow.com to find investigators who can help with all your investigation needs.

Potential B-school students are advised to learn from the real world of business. That includes the bad episodes as well, such as the incident last year in which RadioShack (RSH) Chief Executive David Edmonson was forced to resign over résumé inaccuracies. And while most B-school applicants are honest in the application process, the prevailing attitude at many admissions offices is a variation of the Reagan-era mantra, “Trust, but verify.”

For many students, that means opening up to a background check, something that’s becoming more common throughout the business world. And while few applicants out-and-out lie on their entry forms, the occasional misstep does get caught. And often, the one who has overseen the catching is Brian Lapidus, vice-president for strategic development at the background screening division of risk-consulting firm Kroll (MMC) in Nashville.

According to the U.S. Department of Justice, between 1994 and 2002, the number of instances in which civil remedies were sought in patent, trademark, and copyright infringement cases increased by 20% — to 8,254. Trademark violations are obviously big news. To businesses and companies, infringement can also mean big problems and big losses.

Trademarks are names, logos, symbols, jingles, words, or slogans that companies use to distinguish one service or product from others. Businesses put a lot of effort into creating and registering trademarks that will appeal to customers and create a strong brand image. Trademark violations occur when a business or person inadvertently or intentionally makes use of a logo, name, jingle, or other marketing tool from another business.

Trademark infringement may include:

• Naming a business using a name that is identical or similar to the name of a similar business

• Using similar products, packaging, logos, or services as other similar businesses in the same marketplace

When Businesses Make a Mistake – Preventing Trademark Infringement

Any business wanting to choose a name for a company, service, or product needs to take steps to prevent lawsuits down the road. Casually selecting a name, logo, or slogan can mean big problems. Incidental trademark infringement is a simple mistake to make. New brand names and businesses are registered each day, and some words are trademarked as well, making business branding a bit of a landmine, especially for smaller businesses, which may not have the legal or money resources to fight a trademark infringement accusation.

In today’s complex business environment, hiring a trademark or corporate investigator before naming any business, product, or service just makes sense. While in the past, businesses used the Internet or the federal database Trademark Electronic Search System (Tess) available through the U.S. Patent and Trademark Office, today’s many trademarks and multinational companies mean that businesses need professional help to steer clear of inadvertent trademark infringement.

A professional corporate investigator with trademark experience can run international trademark searches and can help ensure that similarities (not just dead-on same names) do not sink a business’s new endeavor. A professional trademark search service by a qualified private investigator can cost less than one thousand dollars but can save a company thousands in legal fees.

Keeping Companies from Becoming Victims: What Every Business Can Do to Secure its Trademarks

Just as businesses want to avoid infringing another company’s trademark, every business also needs to take steps to avoid becoming a victim of trademark infringement. Most companies spend considerable time creating services, names, and brands before spending additional time and money advertising those products and services. Trademark infringement threatens to undermine all this hard work. Worse, trademark infringement can cause lost profits. A company using a similar name, service, or product can literally lure away business from the original trademark holder. Trademark infringement can also confuse customers and clients, costing a company business.

Every company can protect themselves by registering trademarks with the federal trademark office and then using the trade name on web sites, advertisements, and other publications to establish use of the trademark. Using the “®” or “tm” symbol after all trade names can also help. Finally, staying alert for possible trademark violations and acting on them immediately can help reduce the business losses that can result from trademark infringement.

Even with all these precautions, though, businesses can become victims. That’s why more companies are hiring private investigators with intellectual property and business intelligence experience. Experienced private investigators can help determine if any company is violating a trademark and can help gather evidence against any business who is infringing intellectual property rights. With a corporate investigator, a company can more easily get other businesses to adhere to trademark laws and can even get compensation for any business losses that have already occurred due to infringement. For many businesses, trademark and intellectual property infringement investigations are a smart investment.

About PInow.com
PInow.com (http://www.pinow.com/) is a Worldwide Directory of Private Investigators that enables law firms, corporations and the general public to find investigators anywhere. PInow.com strives to be the most trusted resource on the web to locate qualified investigators. All investigators listed on PInow.com are pre-screened and must meet specific listing requirements.

PInow.com was developed by the team that brought you the ServeNow.com Process Servers Directory (http://www.serve-now.com/).

Visit PInow.com to find investigators who can help with all your investigation needs.