Category Archives: Alternative Dispute Resolution

New Contra Costa County Family Court Rules Reduce Cost of Divorce in East Bay

Continuing its progressive role in stream-lining the court system and making it more accessible, the Contra Costa County Superior Court has implemented new rules that encourage divorcing parties to avoid court, to reach their own agreements through a voluntary, out of court process, and save significantly on the attorney’s fees that are otherwise needed to appear repeatedly in court.

Local Rule 12.5 governing “Collaborative Law” cases went into effect January 1st of this year (1/1/2011), stating “The Court recognizes the unique nature of family law disputes and the fact that family law issues are best resolved by the parties reaching agreement over critical matters as child custody, support and property, without engaging in the traditional adversarial litigation process.” Unique among Bay Area family courts, this suburban county court has officially stated it “strongly supports the use of the collaborative law process” and other out of court means to resolve disputes to “meet the best interests of the entire family, particularly the children”.

Many divorcing families are now choosing this alternative divorce process calledCollaborative Divorce, which involves attorneys and other specialists to help the family understand and decide important (and often complicated) custody and financial issues, but which is almost entirely done out of court in a mediation style process. To be “collaborative”, both sides sign a contract promising to stay out of court, to freely exchange documents and information, and to work with professionals to find mutual agreement, rather than constantly threatening the other side with court.

Previously, collaborative attorneys have been in a gray area so far as what was necessary to satisfy the usual requirements and formalities imposed by every court when a divorce petition is filed. Now at least in Contra Costa County, there is some clarity, which should save money for collaborative divorce litigants.

The most tangible impact of the new Rule 12.5 is that the attorneys for both sides will not be required to file statements, and appear in court for routine Case Management Conferences, which are otherwise required of litigants and potentially involve multiple appearances to achieve nothing more than “management” of the case, and which do not typically resolve any of the substantive issues. Instead, parties are allowed at least 1 year to resolve the case out of court without needing to pay their attorneys to report to the judge on how the case is coming along. Parties are also freed from other common deadlines and “scheduling orders” that tend to drive up the cost of a divorce. Real cost savings are expected to result by freeing parties of these various burdens.

To benefit from the new rule, parties must sign a formal document binding them to the collaborative divorce process, typically by hiring an attorney specifically trained in this cutting-edge approach to divorce.

Mr. Holcomb is a trained Collaborative Divorce attorney, offering “out of court” divorce services. He has 25 years experience as a divorce and civil litigator in all the Northern California courts. He is available for mediation, litigation and pre-marital and post-marital planning.

Mr. Holcomb offers a fixed fee initial consultation at either his main South Berkeley or Walnut Creek office.

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The Sea Rarely Gives Up The Dead, Or That’s What Phil Harris Thought When He Tried To Throw Former Business Partner Glenn Coggeshell Overboard

On Monday August 09, 2010 Business partner and creator of the coffee lines “Deadliest Brew” “Captains Brew” and “Captains Reserve” was forced to bring suit to the Harris Estate after a year of trying to settle differences quietly and professionally.

Coggeshell who is considered the most innovative creator in his industry, marketing coffee lines as “Black Dot Coffee” “Hendrix Coffee” “Goodfellas Coffee” “Deadliest Brew” “Legends of Rock Coffee” and “Perfect Circle Coffee”, met Phil Harris in a grocery store parking lot. Phil approached Glenn about buying “Hendrix Coffee” for his boat.

In March of 2008 Phil Harris contacted Coggeshell wanting to endorse his “Black Dot Coffee” line, saying he was about to be the most popular captain on the hit show Deadliest Catch.

After an hour meeting in a “Buzz In” steak house and listening to Phil talk about his recent health condition. Coggeshell having a father who had just had a savier stroke also, thought it unfair given the state of his health to just have him endorse his product, started thinking of ways this venture could work for all parties.

In late April of that same year Glenn celebrated the birth of his daughter. There at the hospital he was making calls, organizing, planning and making sure things would move forward for his family and the new venture.

Coggeshell and Harris continued to move forward throughout the spring. Glenn started making important business contacts to launch the new coffee line “Deadliest Brew”, “Gourmet Coffee for the Working Man” and within sixty days found the product in over 65 locations in Washington State and growing towards the Oregon and California markets, one event on July 26th 2008 in Sedro Woolley, WA saw 250 in attendance an unprecedented coffee sales and fast growth.

During this time Phil kept assuring Glenn, who had funded everything to this point, that he would invest his share of the needed money to keep up with growing sales.

Around August of 2008 Phil’s on again off again manager Russ Hariot returned with the promise to finish a deal with a local energy drink manufacture who were also creating a line with Phil Harris. Glenn Coggeshell insisted Russ stay away from anything related to the coffee. Phil assured Glenn, Russ would stay away. During this time Glenn began to question actions and changes with Phil’s personality.

Glenn by now invested over $50 thousand from his own business & personal sources while being a father of two children, a son and an infant daughter.

By October with high online sales and almost 200 stores, Deadliest Brew was quickly becoming one of the fastest growing coffee companies in the US

In late November early December Coggeshells investment began to pay off and business started seeing substantial profits and with the addition of another 60-100 locations projected in 2009. The new Captains Brew Coffee line was becoming the fastest growing Coffee Company in the US and online sales where growing stronger each day.

Just in time for Christmas and with profits in the bank, Coggeshell began seeing e-mails, blogs and myspace postings, stating Coggeshell was “no longer a part” of his own business. Phil, Russ and employee Marsha Cruz began circumventing Coggeshell with suppliers, stealing accounts, crossing out contact information for Coggeshell’s Company “Northwest Blends Inc” on invoices. Changing mailing addresses, changing checks made out too Coggeshell and his company to Phil’s “new” company, and then the letter from Phils new Lawyer showed up at his door. (All in the Christmas spirit).

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Divorce Attorney Introduces A Novel Reduced Fee Program For His San Francisco Bay Area Clients Who Pay Their Bills Promptly

People facing a decision to end a marriage are often daunted at the prospect of paying the notoriously very high hourly fees charged by experienced Family Law attorneys. A complicated case can require hundreds of hours of attorney time, and therefore tens of thousands of dollars in expense. Even a simple case requires a significant expenditure to complete financial disclosures, negotiate a complete settlement and prepare and execute the numerous required documents.

Especially in the current economy of depressed home values and decimated investment accounts, paying even a very good professional for services at a typical rate of $350 to $450 per hour, and more, just does not make sense to most potential clients.

When asked why their rates are so high, Divorce attorneys routinely justify the high rates by pointing out that their clients often do not pay their bills in full, leaving the attorney with uncollectible accounts receivable. This low rate of collection therefore justifies charging everyone a higher rate, or so they say.

In response to the current economy, and realizing that the many honest clients who do honor their financial obligations should not be charged extra to cover the unpaid bills of complete strangers, Berkeley attorney David Holcomb has been offering clients a novel reduced hourly fee arrangement. He realized that expecting some clients to not pay, and then overcharging good clients to make up for the others, was itself the problem. So he has turned this around. Mr. Holcomb explains: “If my clients are willing to make a real commitment to paying for my services, then I commit to an hourly rate that is $50 to $150 per hour less than most other experienced attorneys are charging.”

Mr. Holcomb’s attorney/client fee agreement literally puts a line through his standard hourly rate, and instead offers a reduced rate for every minute of services he provides, so long as the client either posts advance payment for services, or pays within 10 days of invoicing. If the client falls behind, they are assessed the full rate.

This has been a true “win/win” that works for both clients and for this “Compassionate Divorce” attorney. “We start out on a foundation of mutual trust, and mutual responsibility, with mutual rewards. In the 8 months since initiating this new policy, I have never had to assert the “standard” rate, because my client’s are very appreciative of the fair value of my services, and make an extra effort to stay ahead of their bills.”

Mr. Holcomb acknowledges that a good lawyer’s service on a divorce are never cheap, but he estimates his comparatively low hourly rate saves each client $5,000 on average, or about a 20% savings.

“My clients are happy to pay less, and I am happy to get paid for my work”, he says. “Too many of my colleagues complain about clients who demand services but refuse to pay for what they have already received, much less for future work. My clients are treated fairly from the outset, and so they treat me fairly. That is our contract from the beginning. We are all much happier.”

Mr. Holcomb is a trained Collaborative Divorce professional, offering “out of court” divorce services. He has 24 years experience as a divorce and civil litigator in all the Northern California courts. He is available for mediation, litigation and pre-marital and post-marital planning.

Mr. Holcomb offers a fixed fee initial consultation at either his main South Berkeley or Walnut Creek office.

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The Coming King Foundation (TCKF), A Texas Nonprofit Reached A Settlement Monday With Mesa Vista Landowners, Settling A 15-Month Property Dispute

A last-minute settlement agreement was presented to State District Judge Keith Williams on Monday, March 1st, as trial was about to get underway in the lawsuit brought by neighboring landowners against The Coming King Foundation (TCKF), a Texas nonprofit arts organization. TCKF plans to build a first class Sculpture Prayer Garden on 23 acres overlooking IH-10 and Highway 16, highlighted by the cross on top of a hill. Mesa Vista landowners suit prohibited the raising of the cross within the prayer garden.

The settlement agreement reached Monday allows the cross to be raised as planned putting an end to the 15-month property dispute and bringing peaceful a resolution and healing to this Texas Hill Country community.

Last month the Mesa Vista landowners lost their bid to have the case dismissed in their favor and Judge Williams ordered the trial to proceed on March 1st. Shortly thereafter, settlement negotiations were initiated by the landowners, which for the first time included an agreement to allow the cross to be raised on TCKF’s lot.“Once that point was conceded, both sides moved quickly to resolve differences and eventually agreed to a compromise”, said Kevin Young, attorney for TCKF. “We’re thankful that both sides could put away their swords and solve this in a Christian manner,” said Fern Lancaster, TCKF board member and treasurer.

“The Coming King Foundation will realize its vision of a cross and sculpture garden and the Mesa Vista residents will realize their goal of maintaining the privacy of their neighborhood,” said Mesa Vista homeowners’ attorney, Richard Mosty, in a prepared statement.

As part of the settlement, The Coming King Foundation will construct a solid fence on the site where the $2M, 70-ton cross will be located. The settlement also allows for lighting of the cross that is non-intrusive for residents of the subdivision and limited private access to the cross from Mesa Vista Lane, keeping the main entrance to the Garden on IH-10. In addition, TCKF will also pay the Mesa Vista neighbors $25,000 over the next several months as part of the settlement. Each side is responsible for paying its own attorney’s fees and legal expenses.

When asked whether he had won the case because the cross will go up, David Brock, co-counsel for TCKF said, “Everybody won. This agreement is respectful of everyone’s property rights and is better than a trial victory for either side.” TCKF board member and Vice President, Jim McKnight, added, “A peaceful resolution has been our desire and prayer since the lawsuit was filed. This is a great day for our community and now we can move forward.”

TCKF plans to raise the cross and complete the Garden as soon as sufficient funds are available. “Although we have incurred significant expense in our legal defense,” said TCKF board member and President Max Greiner Jr., “we are confident that God pays for what He ordains, and we invite our community, neighbors, friends and the greater Christian community to unite in support around this God-given vision and Sculpture Prayer Garden.”

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New York Mother And Gay Teen Son Continue New York Supreme Court Battle

Rhonda Mangus and her 18 year old son Michael have been battling with the legal system since 2005. Their conflict began then, when Michael was 13, and had begun attending North Tonawanda High School. Identified as gay, Michael was mercilessly bullied and finally received a written death threat.

Thus began their saga: Mangus removed the teen from school attendance and with involvement of the Niagara County Department of Social Service and the New York State Office of Family and Child Services found herself placed in the state’s data base of offenders for “educational neglect”.

This past winter, she failed to get the charge remanded by the New York Supreme Court’s Appellate Division.

Professional and legal guidance from Jay Paul Deratany, a high profile attorney in Chicago, who is aiding Mangus on a pro bono basis, has given Mangus renewed determination to keep fighting for justice. “It is a dream come true to have the backing of a man of his caliber.” she says.

Deratany has a strong record of political aspirations (running on the Democratic ticket for Chicago offices), human rights advocacy, philanthropy, power legal settlements – in the multi-millions – for his injury litigation (specializing in children) , and even as a playwright: His play, ‘Haram Iran’, a human rights theater piece, has made it on the Chicago and Los Angeles stages.

Now Mangus is seeking local counsel in Niagara County, NY, who will be able to work in tandem with Deratany and his associate Nathan Polum.

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Tough, Gritty Oregon Attorney Releases Controversial Book To Help Protect Men Everywhere

Willamette Publishing Group in conjunction with ProtectionForMen.com is pleased to announce the release of author RK Hendrick’s controversial and exciting new book: How To Avoid “Getting Screwed” When Getting Laid. An informative 21st century survival guide for the modern male, How To Avoid “Getting Screwed” When Getting Laid is an inspirational tool for both single and married men throughout North America and living in any western country.

How To Avoid “Getting Screwed” When Getting Laid is as much about providing answers and solutions as it is about scrutinizing problems and injustice. Exhaustively researched and passionately authored by RK Hendrick, Esq. who has worked in the trenches of family law for the better part of two decades, this new work is a veritable godsend for the modern male. Former pro tem judge, prosecutor, defense attorney, and divorce attorney, Hendrick states his book is a must-read by every adult male, regardless of race, religion or social status.

Whether you’re 18 or 88, How To Avoid “Getting Screwed” When Getting Laid can help men everywhere! It can save your personal fortune, give you equal footing in a custody battle, keep you from unknowingly settling down with a “breeder,” teach you how to avoid getting slapped with a restraining order, and show you the warning signs of a problem relationship before it’s too late. This book shares story after story revealing how men can fall victim to those who want to set them up for arrest, deceit, financial abuse, or slowly drain their finances until they have been sucked dry.

RK Hendrick has prosecuted and defended thousands of clients in his home state of Oregon, and says that working full-time now as a writer and entrepreneur has become his main passion.. How To Avoid “Getting Screwed” When Getting Laid promises to be but the first of many innovative, eye-opening, provocative tell-alls he plans to write to protect and prepare men against whom the scales of justice have shifted substantially.How To Avoid “Getting Screwed” When Getting Laid is currently attainable in either paperback or hardcover copy at www.protectionformen.com or on amazon.com.

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Schillings Assist Earl And Lady Spencer In Winning Libel Action

Schillings solicitors has won their libel action against the Sunday Express on behalf of Earl Spencer and his daughter Lady Kitty Spencer.

The judgement has meant Earl Spencer and his daughter Lady Kitty Spencer have won an apology, Statement in Open Court as well as substantial damages and their legal costs from the Sunday Express after bringing a libel action in the High Court.

The Sunday Express article of 30 August 2009 entitled “The It girl making the Spencers glamorous”, made various false allegations concerning Earl Spencer’s divorce from his wife Caroline and was critical of his behaviour and that of Lady Kitty in connection with the divorce.

The Sunday Express has accepted that the allegations complained about were false. In an apology to be published on Sunday 6 December 2009 the Sunday Express will say:

“On 30 August 2009 in an article “The It girl making the Spencers glamorous” we published several false allegations about Earl Spencer and his eldest daughter, Lady Kitty Spencer. We regret the suggestion in that article that either of them acted improperly in any way in connection with Earl Spencer’s divorce from his wife Caroline, or in relation to the division of the family assets.

We would like to apologise to Earl Spencer and Lady Kitty Spencer for the distress and embarrassment we may have caused.”

The Sunday Express also joined with Earl Spencer and Lady Kitty Spencer in making a Statement in Open Court whereby Express Newspapers accepted that they should not have published the article as they did and formally apologised. Express Newspapers has also paid substantial damages and legal costs in full.

About Schillings
Schillings is one of Britain’s top law firms dedicated to reputation management and safeguarding the rights of international corporations and brands, high-profile business people and those in the public eye. The firm’s 25 year track-record in defamationprivacy law and copyright cases together with family law, matrimonial and commercial dispute resolution is second to none, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

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Schillings Grows Family Department To Meet Increasing Client Demand

Schillings, the leading law firm protecting the rights and reputations of corporate organisations, high-profile individuals and those in the public eye, has increased its family department to meet the growing demand from its clients, particularly those who want to ensure their family and matrimonial matters are not publicised by the media.

Schillings has recently recruited Davina Hay to join its family law department alongside Keith Schilling, Rachel Atkins and David Greer. A litigator with expertise in family law, Davina advises on separation, divorce and ancillary relief, jurisdictional disputes, multi-jurisdictional divorce cases involving significant assets and enforcement issues. Before she joined Schillings, Davina trained and qualified at a City law firm where she spent six years acting for a number of well known actors, successful entrepreneurs and international clients. She brings with her extensive experience as a litigator and enhances the firm’s provision of advice to high net-worth and high profile individuals in all aspects of divorce, relationship breakdown, ancillary relief, pre- and post-nuptial agreements and private children matters.

Schillings’ family department is led by Keith Schilling, the founder and senior partner of the firm, who represented Shan Lambert in her successful appeal in 2002, achieving the first 50/50 split of assets in a “big money” divorce.

Working alongside Mr Schilling is Partner Rachel Atkins who earlier this year, together with Associate David Greer, acted for a celebrity father in a test case following the introduction of new rules allowing media attendance in family proceedings, and succeeded in application to exclude the media from attending court hearings concerning his child.

When speaking about the growing family department Keith Schilling said, “In the last few years we have seen a significant increase in the demand for advice from high net worth and high profile individuals in connection with matters relating to divorce, often involving multiple jurisdictions, children and most notably pre- and post-nuptial agreements.”

Mr Schilling went on to say, “High net worth individuals and those in the public eye regularly discover their privacy has been invaded or their reputation defamed when details of their personal lives or the breakdown of their relationship are leaked to the press and publicised. It is logical, therefore, to respond to the demand from our clients by strengthening our team and combining our family and matrimonial advice with the firm’s pre-eminent experience in the area of reputation protection, so that we can ensure that press interest is managed to our client’s advantage.”

Speaking about the press interest surrounding high net worth individuals and those in the public eye Davina Hay said, “Clients, even those without a high public profile, are increasingly finding themselves the subject of intrusive press interest following relationship breakdown or in the event of disputes involving children. Aside from the unwanted emotional strain at an already stressful time, the financial consequences of the resulting reputational damage can be devastating. However, it is possible to manage such threats and give clients the space to resolve family issues free from unwanted media scrutiny.”

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Schillings Announce Libel Claim Win For Michael Essien Against The People

The Chelsea premiership footballer Michael Essien, represented by London law firm Schillings, has won his libel claim (Case number HQ09X02164) against the People newspaper.

Libel proceedings were issued against MGN Limited, the publisher of the People newspaper, following the publication of two articles. The first article, published on 25 May 2008, carried the headline “Chelsea Cheat Michael Essien: I’ll Stand by my Love Child”. This was followed by another article on 3 May 2009 under the headline “Sex Cheat Star Essien Gets Boot”.

The articles claimed that Mr Essien had cheated on his long term partner by having numerous affairs with other women and fathered a child behind his partner’s back. As a result, his partner had called off their wedding. These allegations were found to be false and grossly defamatory towards Mr Essien.

The People has accepted that these allegations are untrue, and has paid Mr Essien substantial damages as well as agreeing to pay his legal costs. The People have also undertaken not to repeat the allegations.

In its apology, the People said: “On 25 May 2008 and 3 May 2009 we reported that Michael Essien had cheated on his long term girlfriend Nadia Buari by having numerous affairs behind her back including one in which he fathered a child. On 3 May we reported that as a result of his behaviour Ms Buari called their wedding off. We now accept that these allegations are untrue. We apologise to Mr Essien for any distress or embarrassment caused.”

A representative of Schillings who represented Michael Essien said: “There has been a lot of inaccurate reporting concerning Michael and he was not prepared to allow this misreporting to continue.”

Schillings also said that, “these allegations were not put to Michael or his representatives prior to publication and had the People done so they would have been informed of their utter falsity.”

Caroline McAteer of The Sports PR Company said on behalf of Michael Essien: “Michael is delighted to have won his case and to have set the record straight. He would have preferred not to take action, but had no alternative in this case. Michael is pleased that this matter has now been resolved.”

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Shillings Win Apology And Damages For Olivier Martinez From The Sun

Olivier Martinez, represented by London law firm Schillings and Paris law firm Asmar & Assayag has won his libel action against The Sun, at the High Court in London, following the publication of false allegations that Mr. Martinez cheated on Kylie Minogue during their relationship. (Case number: HQ08X02862)

On 26 November 2007, The Sun published an article under the headline “Kylie ‘still loves’ ex Martinez” which contained the defamatory and untrue allegation that Mr Martinez had cheated on Kylie Minogue. In order to vindicate his reputation Mr. Martinez issued libel proceedings against News Group Newspapers Limited in relation to the article.

A representative of Schillings said that: “This false allegation has caused Mr. Martinez considerable embarrassment and distress.”

They also said that: “Mr. Martinez is glad that The Sun has accepted that the allegations are false and that the article should never have been published at all”.

In the High Court in London The Sun newspaper apologised to Mr. Martinez, agreed to publish an apology in the newspaper and to pay damages and legal costs.

The Sun’s lawyer said: “The Defendant sincerely apologises to the Claimant for the distress and embarrassment this article has caused. It accepts that the allegations are untrue and ought never to have been published.”

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Schillings Will Be Taking Part In A Panel Discussion At The 2009 Reputation Conference

Schillings, the leading law firm protecting individual and corporate reputations, will be taking part in a panel discussion, chaired by Dr Kevin Money Associate Professor and Director of the John Madejski Centre for Reputation, at the 2009 Reputation Conference.

Keith Schilling is Senior Partner and Co-Founder of Schillings and is a Solicitor-Advocate. He is one of the most sought after reputation management lawyers in Britain due to his work in defamation and privacy and in 2008 he was placed 10th in the Times list of the 100 most powerful and influential lawyers in England for his work in achieving a number of landmark decisions in privacy law. He has helped to protect the reputations of film, sports and entertainment stars as well as international corporations and business executives.

Keith Schilling, joins a panel of experts in protecting reputations to answer the question ‘Future avenues for building reputation. Where do we go from here?’ The panel will close the conference with a review of the learnings from the day and discuss how organisations should prepare themselves for the future challenges in managing reputations and corporate responsibility.

As a new decade approaches, the conference will examine the challenges of managing reputation and relationships in times of organisational change and will consider the lessons learnt from recent corporate scandals in the management of reputation.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamationprivacy law and copyright cases, as well as commercial litigation is second to none.

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Schillings Client Jacob Zuma, The President Of South Africa, Has Won Very Substantial Damages After A Libel Case Against The Guardian Newspaper Following False Allegations Printed Earlier This Year

On 6 March 2009, the Manchester based newspaper published an article that falsely claimed that President Zuma was guilty of rape, corruption and bribery. President Zuma began legal action against the daily newspaper earlier this year claiming defamation, saying the article was grossly false and indefensible.

schillings - Jacob Zuma

After being taken to court, the Guardian has apologised to the ANC leader and agreed to pay very substantial damages as well as cover legal costs.

In a statement read in the High Court on 30 July 2009, Schillings solicitor Jenny Afia described the allegations as being “of the utmost seriousness and totally untrue”. She went on to explain that: “In light of the facts that the [Guardian] is now willing to pay very substantial damages and it has publicly apologised to [President Zuma], [President Zuma] considers that his reputation in this matter has been entirely vindicated and he is prepared not to proceed any further in his action against the [Guardian].”

Speaking from Mahlambandlovu last night, the president’s official residence in Pretoria, President Zuma said: “What was said was extremely serious, not just for me but for the ANC. I am very pleased that the Guardian has now apologised. I firmly believe in press freedom and freedom of expression. I have fought for these and other basic rights my whole life and I will continue to support this. We had to take action in this matter because the publication crossed the line. Media around the world are obliged to exercise their freedom of speech in a responsible manner.”

About Schillings:
Schillings is one of Britain’s top law firms dedicated to reputation management and the safeguarding of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in media management, privacy law and copyright cases, as well as commercial dispute resolution and sports law is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

Schillings clients include supermodel Naomi Campbell, actress Kate Winslet, seven times Tour de France winner Lance Armstrong, premiership footballer Wayne Rooney, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Court case number: HQ09X01290

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Schillings Take First Place At The Lawyer Awards 2009

Once again Schillings has reason to celebrate the successes of their legal team as one of its lawyers, Matthew Himsworth, wins first place in the Assistant Solicitor of the Year category at the Lawyer Awards ceremony.

Matthew Himsworth is an associate at Schillings and specialises in reputation protection on behalf of corporations, brands and public figures. He has developed his career over the last seven years, having trained with Schillings, and has built a strong profile both within the firm and externally within the legal profession and with clients.

The award is presented to the solicitor who has demonstrated entrepreneurship, business building skills and technical legal skills. Matthew’s commitment to both the firm and its clients extends beyond his core role and is evident in the numerous projects he has initiated. In particular he developed the firm’s trainee coaching programme with the objective to provide full training in the practical legal tools as well as promoting thought-leadership on relevant topics. This training programme helps prepare trainees so that when they qualify they can build upon their legal technical know-how by enrolling in the Schillings Academy.

Matthew’s highest profile success was for the stock broking firm, Collins Stewart in its well documented libel action against the Financial Times. This was the largest claim ever brought and Matthew helped achieve a ground-breaking apology on the front page of the Companies and Markets section along with and substantial damages

Speaking after the awards, Matthew Himsworth said, “It was a great surprise and a huge honour to win the award. It’s a tremendous accolade to be recognised by your own profession.”

Matthew has received praise from many of his clients, mainly from the firm’s sports law practice, which he has been instrumental in developing. Clients commend Himsworth as, “Personable whilst providing clear and sensible advice”, and that, “He offers excellent strategic recommendations”. One major sporting body went on to state, “We have found Matt to be extremely professional and we are delighted to be associated with him”.

This award follows a number of recent achievements at various industry awards. Schillings won first place in the Partner of the Year category in 2008 and has twice been winners of the Niche Firm of the Year (2002 and 2003) at the Lawyer Awards. In addition, the firm won the Young Solicitor of the Year at the British Legal Awards 2008.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy law and copyright cases, as well as commercial dispute resolution and sports law is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

Schillings clients include supermodel Naomi Campbell, actress Kate Winslet, seven times Tour de France winner Lance Armstrong, premiership footballer Wayne Rooney, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

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Schillings Launches The Schillings Academy

Schillings the leading law firm protecting the privacy and reputation of corporates and high-profile individuals has launched the Schillings Academy, an advanced and unique course which will provide unparalleled training to staff at the firm.

schillings

The Schillings Academy will be delivered in-house and will equip the firm’s employees with the skills and specialist knowledge to provide the same excellent client service that the firm’s partners have become known for.

The Schillings Academy is the result of two years of development and will concentrate on building excellence in three key areas including advanced legal training for qualified lawyers, enhanced teaching for trainees and commercial skills training for the business support function. The first phase of the Schillings Academy will roll out a two year, 100 hour bespoke training programme in reputation management and privacy law to qualified lawyers currently working at the firm. Additionally the programme will carry CPD points and will ensure that all qualified lawyers exceed their CPD requirements without the need to go on external generic courses.

The four main components of Schillings Academy for qualified lawyers will be advanced modules on defamationprivacy law and confidence and advocacy and related reputation management laws. Working together with leading professors including Professor Gavin Phillipson and the College of Law, the Schillings Academy will foster and harness new ways of thinking on how to approach and deploy the law to achieve the best results for the firm’s clients.

Speaking on the firm’s 25th anniversary, Keith Schilling, founding partner of Schillings, said: “Schillings is fortunate to have created a reputation over the last 25 years for being at the forefront of privacy and reputation law. The launch of our Schillings Academy demonstrates to our clients our continued commitment to deliver excellence to our clients in everything that we do. It is with great pride that we are launching this market leading initiative, which demonstrates Schillings commitment to providing the best training to its lawyers, with the most advanced knowledge and expertise available. This academy takes the firm into a new season and we look forward to our next 25 years.”

About Schillings
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s 25 year track-record in defamation, privacy law and copyright cases, as well as commercial dispute resolution and sports law, is second to none.

Defamation privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”.

Schillings clients include supermodel Naomi Campbell, actress Kate Winslet, seven times Tour de France winner Lance Armstrong, premiership footballer Wayne Rooney, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

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Schillings Law Firm Has Been Shortlisted In The Lawyer Awards 2009

Schillings, one of the UK’s foremost law firms leading the way in protecting reputations by employing legal tools including privacy, defamation, copyright and commercial litigation, has announced that Matthew Himsworth has been shortlisted for the Assistant Solicitor of the Year award at this year’s The Lawyer Awards.

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Matthew Himsworth is an associate at Schillings and specialises in reputation management on behalf of corporations, brands and public figures. He has developed his career over the last seven years, having trained with Schillings, and has built a strong profile both within the firm and externally within the legal profession and with clients.

A strong factor in Matthew’s shortlisting for ‘Assistant Solicitor of the Year’ was his demonstration of entrepreneurship and business building skills, when identifying new opportunities for creating additional revenue streams f r o m an area within the practice. Working with the Schillings marketing team, Matthew devised a strategy for formally growing the sports law practice. The objective was to create a short, medium and long term plan to provide partners and fee earners with a framework to facilitate keeping in regular contact with existing clients and a method to raise brand awareness and generate new business development leads.

Matthew’s highest profile success was for the stock broking firm, Collins Stewart in its well documented libel action against the Financial Times. This was the largest claim ever brought and Matthew helped achieve a ground-breaking apology on the front page of the Companies and Markets section and substantial damages.

Matthew’s legal technical skills together with the many excellent references he received have contributed to his nomination in the upcoming Lawyer Awards.

The Lawyer Awards, now in its fifteenth year, remains the benchmark for excellence within the legal profession and are open to participation by private practice, in-house counsel and members of the Bar. The winners of the awards will be announced at the Awards ceremony on Tuesday 23rd June 2009 at the Grosvenor House Hotel in London.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy law and copyright cases, as well as commercial dispute resolution and sports law is second to none. Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm”. Schillings clients include supermodel Naomi Campbell, actress Kate Winslet, seven times Tour de France winner Lance Armstrong, premiership footballer Wayne Rooney, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Via EPR Network
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Schillings Has Announced The New Seminar Programme For The Upcoming ‘PR And The Law – Annual Briefing 2009’

The event will take the form of a breakfast briefing and focus on the drivers and key trends likely to affect communications strategies and corporate reputation management in an economic downturn.

Joining Rod Christie-Miller, Partner at Schillings, to help lead the briefing will be Dr Kevin Money, Director of the School of Reputation and Relationships at Henley Business School and Director of The John Madejski Centre for Reputation.

Dr Kevin Money will cover the subject of motivational drives and organizational theories. An understanding of these drives (the drive to acquire, learn, bond and protect) and how they may change during times of economic uncertainty – can provide a competitive edge to anyone shaping communications strategies.

Recent research suggests that in an economic downturn, the drive to protect is likely to assume greater importance in our lives, and Kevin will explore how that drive is likely to be the biggest driver of reputation.

Rod will then take over to deliver a session how to use the law to protect corporate reputations. In the sphere of reputation management, the unconscious drive to protect is borne out by the very real threats that corporates now face.

Over the coming year, the economic downturn will change the nature of the reputational threats that corporates will face. Rod will also look at look at how the law can be used to neutralise such threats and in particular he will look at:

– The cult of the CEO and protecting the privacy senior staff – Malicious insiders and protecting confidential information from leaking to the media – How the internet and the economy are causing the decline in quality journalism

Rod will explain how despite these new threats, the potential to protect reputations via a combined PR and legal approach is actually stronger than ever.

The briefing will finish off with a round of questions to the panel.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases, as well as commercial dispute resolution is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, premiership footballer Wayne Rooney, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Via EPR Network
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Russell Jones and Walker report NHS patient left scarred after incorrect diagnosis

Russell, Jones and Walker, a leading UK firm of solicitors, has reported that a mother of two, who was left with multiple scars following surgery after being incorrectly diagnosed with skin cancer, has been awarded £15,000 in compensation.

Kate Andreou, 28 from Harlow in Essex, was referred to the Democracy Department of Princess Alexandra Hospital NHS Trust after expressing concerns regarding a mole on her shin. Following an examination the mole was duly removed for further investigation on the advice of her doctor.

Following the removal and examination of the mole, Mrs Andreou was diagnosed with Malignant Melanoma in July 2007 and was subsequently referred to the Department of Plastic Surgery at Mid-Essex Hospital NHS Trust. Mrs Andreou was advised to have a further six moles removed from her leg, chest, arm and back – surgery she was told was necessary. She underwent the operation in September 2007.

The news of the diagnosis came as a double blow to Mrs Andreou who had just been informed that her grandmother was terminally ill with cancer. Believing that she had skin cancer, Mrs Andreou went through the trauma of informing her family of the diagnosis and advised them that they too would need to be checked for cancer. However, it later emerged that the diagnosis was incorrect and that her pathology report was not finalised and subject to further review from Guys and St Thomas’ Hospital.

James Bell, solicitor from Russell, Jones and Walker said: “Had Mrs Andreou known that her pathology slide was under review, she would not have proceeded with the excision of the six other moles until a definite diagnosis of Malignant Melanoma.

“The incorrect diagnosis of the mole as a melanoma represents an unacceptable error which breached the duty of care to Mrs Andreou.

“Not only has Mrs Andreou experienced entirely unacceptable treatment from the NHS, but her entire extended family has also undergone unnecessary trauma after being advised to be tested for skin cancer.”

Mrs Anreou said: “The past year has been very difficult for me, my children and the rest of my family. Not only were we all going through tough times with my terminally ill grandmother, but we then had to face up to the fact that I too had cancer and would require treatment.

“The surgery that I had to remove seven moles left me with red scars, making me very self conscious about exposing my arms and legs. The scars have now faded but the whole experience will stay with me for a very long time.”

About Russell Jones & Walker:
Russell, Jones & Walker employs over 360 staff (over 160 lawyers) and is renowned as the leading national firm of solicitors in protecting the rights and legal interest of individuals and those who represent them. RJ&W has a network of regional offices and includes those in the following centres: London, Birmingham, Bristol, Wakefield, Manchester, Newcastle, Sheffield, Cardiff and Edinburgh.

Via EPR Network
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Field Fisher Waterhouse Wins Substantial Compensation For Premature Girl Left With Brain Damage Following Dextrose Overdose

Law firm, Field Fisher Waterhouse LLP has won substantial compensation for Romy Smith, a seven year old girl who was given an excessive dose of dextrose shortly after birth and suffered severe and permanent brain damage as a result. Romy will receive damages that could add up to more than £10 million over her lifetime.

Romy Smith was born prematurely at 29 weeks in 2001 at the Ipswich General Hospital and was transferred to the Lister Hospital in Stevenage, where she was given a “grossly excessive dose” of the sugar dextrose. This resulted in perfusion brain injury, which caused severe learning difficulties and autism. Romy’s communication and social skills are very limited, she needs constant care and will remain totally dependent on carers for the rest of her life.

Romy, however, has a special talent for music, which is her primary means of enjoyment. In addition to her care, the payment will also cover the cost of music therapy.

The East and North Herfordshire NHS Trust, which had previously admitted liability, will pay Romy an initial sum of £2.36 million and a series of index-linked “periodical payments” to cover Romy’s lifetime care expenses.

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse, was instructed by Romy’s mother to represent her in the claim.

After the case, Romy’s parents, Sally and Tim Smith said: “We are absolutely delighted at the settlement that Paul McNeil has secured for our daughter. Throughout the whole time that Paul has worked with us, we have found him to be very caring, extremely skilled and highly organised. He has kept our family’s best interests at heart at all times and has always answered any concerns we may have had calmly, quickly and efficiently. We are enormously grateful to him for the way in which he conducted our case and we cannot praise him enough. We would not hesitate in recommending him to anyone.”

Paul McNeil, clinical negligence partner at Field Fisher Waterhouse said: “Although nothing can be done to undo the mistake made in the special care baby unit, there is a lot that can be done to maximise Romy’s potential. The payments guaranteed to Romy will ensure her needs are covered for life. Those close to Romy were delighted that the judge supported the need to have access to music therapy.”

Claim number HQ06X01206

About Field Fisher Waterhouse

Field Fisher Waterhouse LLP is a full-service European law firm with offices in Brussels, Hamburg and London. With 119 partners, over 200 other lawyers and nearly 300 support staff, FFW assist a wide range of international clients, advising across a full range of legal issues.

The main areas of practice are corporate and commercial, IP and technology, banking and finance, regulatory and real estate. Field Fisher Waterhouse LLP also have particular expertise in competition & EU law, dispute resolution, employment, asbestos claims,personal injurybrain damage cases, clinical negligence, public sector and tax.

Via EPR Network
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Schillings Lawyers Are Set To Speak The 2008 International Bar Association Conference, Held In Buenos Aires

Schillings, one of Britain’s top law firms dedicated to safeguarding the reputations of corporate organisations and high profile business people is set to be represented at the 2008 International Bar Association Conference to be held in Buenos Aries.

Rachel Atkins, Partner at Schillings and the IBA’s Programme Officer of the Intellectual Property and Entertainment Law Committee, will be taking part in an international panel discussion on Protection of Information in different jurisdictions around the world.

The panel will deal with issues such as cross-border protection of information and sanctions for its misuse, the extent of solicitor/client privilege, especially in the context of multi jurisdiction litigation, and also consider what other advisers can take advantage of such privilege/confidence.

Discussions regarding sanctions for breach will also take place as well as the examination of scenarios where different jurisdictions give conflicting decisions as to disclosure and privacy of the same information. Specific attention will also be given to the impact of privacy law in identifying cyber-counterfeiters with or without the help of judicial or criminal authorities.

Speaking about the conference, Rachel Atkins said, “At this time of volatile market conditions international commercial disputes are on the increase. It is particularly exciting to be involved in a panel which is at the forefront of considering how advice given in one jurisdiction can have such a dramatic effect on a client position in another”.

The International Bar Association (IBA), established in 1947, has a membership of 30000 lawyers and 195 bar associations & law societies. The IBA has considerable expertise in providing assistance to the global legal community. The 2008 International Bar Association Conference will take place in Buenos Aries, Argentina from the 12 – 17th of October.

About Schillings:
Schillings is one of Britain’s top law firms specialising in reputation management as it relates to international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases is second to none.

Defamation, privacy law and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

The firm uses the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area.

Schillings clients include supermodel Naomi Campbell, actress Nicole Kidman, seven times Tour de France winner Lance Armstrong, Harry Potter author JK Rowling, pharmaceuticals maker GlaxoSmithKline, leading investment bank Kaupthing, steel maker Arcelor Mittal, the Harrods Group and the London Stock Exchange.

Via EPR Network
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Keith Schilling Has Been Named One Of The Most Influential People In London

Schillings Senior Partner, Keith Schilling, has been named as one of the 1000 most influential people in London according to the Evening Standard’s 2008 survey, appearing alongside just 28 other eminent Lawyers in the Law section of the list.

Schilling’s placement in the top 1000 follows other accolades he received earlier this year. In January 2008, he was named by Legal Business magazine as one of the Top Ten Crisis Lawyers in England while shortly after, in April 2008, he was placed 10th in the Times Newspapers survey of the UK’s Most Powerful Lawyers.

In 2007, he was named as one of The Lawyer magazine’s “Hot 100” Lawyers.

Keith Schilling is one of the founding Partners of the law firm Schillings and is Britain’s top media litigation specialist as well as an expert in Matrimonial Law. His work in reputation management, defamation, privacy and copyright have made him one of the most sought after media lawyers in the country.

Keith Schilling is no stranger to legal firsts and his pioneering work has seen him win numerous landmark cases. He is widely acclaimed for helping to establish a law of privacy in England, providing every person, whether famous or not, the right to a private life from the media, notably with a landmark law lords’ ruling in favour of his client Naomi Campbell against the Daily Mirror in 2005. Following this he extended this law even further when he represented the Harry Potter author, JK Rowling’s son in his privacy appeal against Big Picture (UK) Ltd which granted enhanced privacy rights for Children.

Speaking about being included in this year’s list of influential Londoners Keith Schilling said, “The inclusion in this years’ list is down to the excellence of my fellow partners and the quality of our whole team of staff who strongly believe in the work they do in order to best help our clients. It is really recognition of the great work the whole firm does.”

Schillings has long been admired by celebrities and high profile business people who want better protection of their private lives from the media. The firms’ 24 hour hotline enables clients to receive advice right at the time when they need it the most. This often saves valuable time enabling swift action to be taken in order to obtain emergency injunctions to stop stories about clients’ private lives becoming tomorrow’s news.

Keith Schilling is a guest speaker at the Legal Week Private Client forum in Lake Como, Italy in November 2008, speaking on Privacy Reputation Management and Human Rights.

About Schillings:
Schillings is one of Britain’s top law firms dedicated to safeguarding the reputations of international corporations, brands, celebrities and high-profile business people. The firm’s track-record in defamation, privacy and copyright cases is second to none.

Defamation, privacy and copyright are at the heart of the firm’s work, prompting The Independent newspaper to call Schillings a “spectacularly efficient media law firm.”

The firm uses the law to protect the reputations, privacy and confidentiality of clients by helping them and their PR advisers to manage what is published and broadcast about them. It is their ability to adapt to the threats posed by the ever changing media landscape which keeps them at the forefront of this specialist area. It also specialises in commercial litigation, dispute resolution, copyright issues, employment dispute and family matters.

Via EPR Network
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