Category Archives: Business Law

Have A Safe & Healthy Workplace Over Christmas – What Employers Can Do Over The Festive Season

Although this is a traditional time of year for enjoyment and celebration, employers need to take extra care in dealing with hazards created by workplace related festivities.

Hazards that may arise include: –
+ fire caused by poor quality electrical items, e.g. festive lights on Christmas trees
+ falls from chairs or tables when decorating offices and trees
+ alcohol related incidents, e.g. violence, vehicle accidents.

By implementing some simple procedures, risk of harm or damage can be minimised, for example:
+ for work related parties, ensure that suitable arrangements are in place to control alcohol consumption and that employees have arranged safe means of transport for after the event
+ ensure that all portable electrical items brought onto the premises are inspected and tested, where relevant
+ turn electrical items off when not in use
+ follow manufacturer’s guidance for using electrical items
+ keep decorations away from hot surfaces e.g. light bulbs, heaters
+ use good working at height practices and suitable access equipment when putting up decorations, lights, etc.
+ ensure that celebrations do not affect the safety performance of employees undertaking their work activities.

Citation has found a common concern for employers at this time of year is around the company Christmas party. Many businesses organise a company Christmas party, however some employers are concerned about a small minority of employees who may behave inappropriately at such social events.

Lindsay Hill, Chief Executive of Citation plc says:
“In general, employees attending employer-organised Christmas parties are doing so ‘in the course of their employment’, so employers have some liability for their employees’ actions and welfare when they are attending these functions.

“Putting aside the obvious health & safety issues, the more boisterous the party, the more likely it is that things could go wrong; and the more you’ve done to help make it boisterous – a free bar, themed it ‘devils and tarts’, etc. – the more responsible you’re likely to be if it does go wrong.

“My number one advice is don’t have a free bar. Either mingle and try to buy each of your employees a drink, or arrange to have bar tickets – one ticket, one drink – and issue each employee with a couple of tickets. If you must theme the evening, don’t make the theme provocative – stick to ‘back to the 70s’, or ‘country and western’, etc. Think about designating some senior members of staff to be ‘alcohol free’, so that they can deal sensibly with any unacceptable behaviour.

“Employers also need to think about the steps they can take to help employees to get home safely, such as organising a coach or mini-bus, making sure that no-one will be walking home alone, or having a phone list of local taxis available.

“Finally, because employees are attending ‘in the course of their employment’, the employment laws concerning discrimination and harassment still apply, so there’s no harm in gently reminding employees that they too have responsibilities and that they are expected to comply with the company’s discrimination and harassment policies and to behave in an acceptable manner.”

Operating throughout the UK since 1995, Citation provides professional advice and compliance packages to business clients, mainly SMEs with between six and 200 employees.

Independently endorsed at the highest level, its market leading services provide guaranteed protection in the high risk areas of employment law and health and safety regulations.

Via EPR Network
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H1b Quota Met November 22nd, 2011 Now What?

The H1b quota has been met and came as a surprise as just a bit earlier, there were thousands available. However, many incoming cases were most likely not logged into the CIS computers and thus unaccounted for. Just before Thanksgiving, the CIS announced on November 23, 2011 that on November 22 , 2011 they had met the statutory cap of 65,000 for this year [which officially is Fiscal Year 2012]. Moreover, as of the 19th of October, 2011, the CIS received enough petitions to meet the 20,000 quota for people under the ‘advanced degree’ exemption. What’s next? Well, there is an option that some of my clients consider.

First, let’s preface. The H1b is the work visa for people with a degree or the equivalent. The government defines a position that requires a degree as a ‘Specialty Occupation’. If you do not have a degree you can trade 3 years’ experience in a qualifying field for a year of university training, and yes, you can apply for your entire 4 years of college to be waived if your equivalency is granted. The equivalency is evaluated by a CEF, or credentials evaluation firm, that an immigration lawyer can refer you to. The CIS has the right to challenge them but such a situation is rarely seen by us. The more common challenge is that you will have a position the CIS does not feel requires a degree in the first place. This type of challenge can be quite a burden so make certain that your position is a high-level one so this problem is not one you will face.

At this time, the only things an H1 applicant can do is extend a current H1, change employers, change employment terms, or work in a second H1 position. This last one is interesting. If a person is already on an H1 visa, he or she can still apply for a second one to hold concurrently. A lot of people are not aware that an H1 can be used for part-time employment or that the person is able to work for two companies simultaneously. There is one last two-part solution.

Some people who call us are businesspeople in their own country. However, thinking the transition to the US is hard, they secure employment with an American company so that they can make the move with some level of security. The trade-off, apart from a loss of independence, is a loss of earning capacity…of course this applies to anyone in any country. However, some of the people calling us are highly talented…but afraid. For those of you who are not afraid of entrepreneurial risk, read on.

Some of our callers have companies in foreign countries. If you have owned your company in your country (or any country for that matter) for a year and it is legitimate and creates revenue, you may be eligible for an L1 visa. In order to qualify, simply invest in a company in the United States and own at least 51% of it. If you are the manager or executive of that firm, you may remain in the United States for up to a year. However, a year later you may apply for the highest level Green Card there is, the EB1, and if you qualify, you may have it a year or so later. That particular type of Green Card does not require that the position (of the Green Card applicant) be advertised. That is a great advantage because if people more qualified than you apply for your position, they will move you off your place on the chess board of immigration. Another plus is that you don’t have to wait for the current 8 or so years for your Green Card. A benefit of the L1 is that your spouse will have work authorization.

A second option is available for people who do not own a current business. If you are from a Treaty Country (primarily Canada, Mexico, Australia, and most of Western Europe), you can apply for the E1 or E2, also called E-2 visa. The E visa group if for foreign investors who want to open a company in the United States. The reason I mention it is because a lot of people calling me seem to confuse the EB5 or EB-5 category with the E visa and think they must invest a million dollars and hire 10 US employees. The EB5 is too complex to discuss now and will be the covered in another article. However, with the E visa, we have successfully won cases with investments of $100,000 and a good business plan.

Many talented people feel that the H1B visa is their only option. It’s not. Sure, investing in your own company is risky, but so is working for someone else. If you are entrepreneurial, the E visa may turn your financial life around. Although the world economy is in a slump, the United States values brilliance and hard work. If you have a plan, maybe you can take it to the next step. For more information on the E and L visas, feel free to visit www.my-immigration-attorney.com/index-2.html. If you are moving to the United States, we created a site to help you understand the country a bit better: www.usa-explained.com. I hope this helps you find another option to the H-1b. Otherwise, you will have to wait until the new filing date of April 1st 2012 in order to start working on October 1st, 2012. Think of what you can do with your life between now and then as an entrepreneur!

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A Simple Search Could Save You a Lot of Money

Something that a lot of investors don’t realize is that a simple internet search can save an investor or group of investors a lot of money. In many cases simply typing the name or locale into a search engine such as Google or Bing can protect a person from fraud.

Most of the scam artists that commit investment fraud have done it, over and over again. Some of them have been committing such crimes for decades, and they even have criminal records or a history of serving time in prison. Typing their name and the word fraud into a search engine can turn up interesting results. Similarly, typing the name of somebody offering an investment and the word lawsuit into a search engine also can produce very informative results. It is possible to sue con artists to get your money back. You can even sue in U.S. Courts foreign con artists who commit their crimes in other countries.

That means you can check out foreign investment opportunities with an online search. But don’t just read a single on-line posting about the fraud or lawsuit, read all the postings to obtain a full perspective of what happened so you can make a more educated decision. A person thinking of doing business in the United Arab Emirates or UAE (the Persian Gulf State where Dubai and Abu Dhabi are located) could type in the words lawsuit and UAE. This search might show you that New York attorney Howard Fenstersman has sued a group of a group of prominent businessmen in Abu Dhabi on behalf of a group of US investors who alleged that $18 million of their money had been stolen from a UAE bank.

Obviously, con artists and persons trying to drum up business would not tell you this, but an online search can. For example, shares in Medical Capital Holdings, a notorious pyramid scam based in Orange County , California , were sold by agents working for Securities America (a brokerage based in Nebraska ). Anybody who searched “Securities America” and the word “lawsuit would” have found that the brokerage is facing millions of dollars in lawsuits filed by investors who claimed they were ripped off by its brokers.

An online search can be one of the most powerful tools in stopping fraud and protecting investors. All investors should do so when considering new investments.

Via EPR Network
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Prominent Labor Litigation Economist Joins BLDS, LLC

Labor Economist Christopher Erath, Ph.D., has joined the national statistical and economic consulting firm BLDS, LLC as a director. Dr. Erath will consult with BLDS clients on issues arising in litigation, including class-action certification, liability in employment-discrimination claims, wage-and-hour claims and economic damages. Dr. Erath has written extensively on labor and employment litigation and has testified on labor and employment issues in over 30 matters.

Bernard R. Siskin, Ph.D., founder and head director of BLDS, LLC, said Dr. Erath affords BLDS clients added depth. “In addition to significant experience in the analysis of statistical liability and damages in labor matters, Dr. Erath has directed research on antitrust issues, including patent-infringement damages. He also has significant experience in regulatory hearings. He is a welcome addition to our firm.”

Dr. Erath previously served as senior vice president of NERA Economic Consulting. He earned his doctorate in Economics at the University of Wisconsin.

About BLDS, LLC: For nearly 40 years, the nationally recognized statistics and economics experts of BLDS, LLC have advised law firms and their clients — including Fortune 500 corporations, government agencies, and privately held enterprises — on a wide variety of issues requiring quantitative expertise and coherent explanation.

Led by Bernard R. Siskin, Ph. D., BLDS statistical experts provide independent expert analysis in applied statistics and effectively communicate both the results and implications. They have been retained in matters of employment discrimination including hiring, promotion, compensation, reductions-in-force, and class action certification. BLDS experts are frequently retained to analyze the work force impact of planned management actions in an effort to minimize litigation exposure.

BLDS’s rigorous statistical approach has also been applied to questions of credit discrimination, wage and hour disputes, and insurance issues.

BLDS economic experts provide litigation support and advisory services on economic damages in commercial, employment and tort actions. They are also recognized experts in business valuation theory and practice, including valuation discounts and premiums.

BLDS experts have been appointed by courts as neutral experts and have testified before arbitration panels, and in federal and state courts, including the Delaware Court of Chancery.

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Qualifying Period for Unfair Dismissal

Moves are afoot to increase the qualifying period for unfair dismissal from one to two years. The government believes this will encourage economic growth by giving businesses more confidence when they consider taking people on.

According to the government, the emphasis is on employers and employees having longer to resolve any differences and to avoid situations where employers bring the employment relationship to an end earlier than necessary.

The reality of the situation however, is that increasing the qualifying period for unfair dismissal from one to two years will undoubtedly empower employers to dismiss staff more readily. To this extent, some commentators argue that it will become a charter for businesses to sack people unfairly – and this means a wealth of new work for employment solicitors like Thomas Mansfield.

Another concern presented by the increase in the qualifying period is that it may disproportionately affect younger employees. Research on the subject suggests that half of the three million employees affected by the proposed change are under the age of 35. And while nearly half of all those under 20 currently qualify for unfair dismissal protection, this figure would fall to one in five under the government’s proposals.

Any government-enacted legislation increasing the qualifying period must comply with the Equal Treatment Framework Directive, which outlaws age discrimination and specifically indirect age discrimination. This discrimination occurs when an apparently neutral provision, criterion or practice puts people of a particular age at a particular disadvantage compared with people not of that age. The exception to this is where the provision, criterion or practice is capable of being objectively justified. Legislations which do not comply would be exposed to legal challenge by way of judicial review.

If such a challenge were to be mounted, the government would need to justify the measure by showing that it achieves a legitimate aim and is proportionate.

So is the increase in the qualifying period from one to two years a legitimate aim? Whilst it would be very nice to think that a longer qualifying period would enable employers and employees to resolve their problems without the possibility of dismissal, one can foresee the emergence of a hire and fire culture. Rather, employers should consider resolving their differences with staff earlier and in more meaningful ways, through inclusion and open dialogue.

It is easy to see how the increase in the qualifying period will be regarded as a boon for employers to remove troublesome staff. It also is a useful tool in circumstances where employers looking to dismiss 20 or more employees at one establishment find themselves having to adhere to the law relating to collective consultation. Quite often, an employer is well advised to terminate the employment of those employees with less than one year’s service if to do so would reduce the number of affected employees below 20, this being the point at which the obligation to collectively consult is triggered. Employment solicitors advise that avoiding collective consultation can save an employer both time and money.

It is very easy to be cynical about the government’s avowed purpose behind the increase in the qualifying period but we shall have to see how this debate pans out and whether a challenge is indeed mounted on the grounds of age.

Thomas Mansfield Solicitors, winners of the Innovation Award at the Law Society’s Excellence Awards 2009, are specialist employment solicitors, London based, who handle legal disputes concerning areas of employment as well as compromise agreements.

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David Morrison Awarded Further Qualification in Wills Preparation by STEP

David Morrison is a Partner in Collins Benson Goldhill LLP (www.cbglaw.co.uk) covering business services and private client matters. The firm advises on all aspects of private client matters including wills and probate, powers of attorney and trusts and inheritance planning advice.

The Society of Trusts and Estate Practitioners (STEP, www.step.org) is a leading association of professionals working in the private client and wealth management areas whose members include lawyers, accountants and trust administrators. STEP provides accreditation, training development and representation services to its members.

David was awarded the Certificate in Wills Preparation in May 2011, confirming his knowledge is up to date with the latest developments in this area of law. A large number of people do not have Wills because they put off making arrangements.

“Putting a Will in place is easy to do, allows you to take control of your affairs and makes things easier for your next of kin when the time comes. A little professional help now can ensure things are made easier in the long run” said David.

Collins Benson Goldhill LLP is a Lexcel accredited* firm of solicitors in W1 based on Great Portland Street (just off Oxford Circus) in Central London, which has been established for 21 years specialising in providing affordable, practical and professional advice in connection with all aspects of commercial law. Its business service team is experienced in advising start up and growing companies in all aspects of their business, including shareholder agreements, investment agreements, employment agreements, and shareholder issues. Further information about Collins Benson Goldhill LLP’s services can be found at www.cbglaw.co.uk.

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Collins Benson Goldhill to Attend Lunch! Exhibition in September at Old Billingsgate

Collins Benson Goldhill LLP has many clients within the restaurant, leisure, hotels and catering industries. CBG acts for a number of well known branded restaurant groups and has assisted them by dealing with all the legal aspects of securing sites to facilitate their rapid expansion through England.

Building on its strengths in these areas and to get closer to the industry Collins Benson Goldhill LLP will be taking a stand at the Lunch! Exhibition which will take place on 29/30 September 2011 at Old Billingsgate Market London. The Exhibition won a Best Trade Show Award in 2010. This follows Collins Benson Goldhill LLP’s attendance at a coffee fair in Earls Court in 2010 and viewing the World Championship baristas competition.

Collins Benson Goldhill LLP has been working closely throughout 2011 with Cafe Install and Cafe Essential magazines providing monthly legal analysis and articles to these publications.

Acting as a key adviser to well known high street branded restaurant chains as well as start – up concepts, and working with other advisers in the sector Collins Benson Goldhill LLP is keen to promote its services to the industry.

To find out more, visit us at Stand G706.

Collins Benson Goldhill LLP is a Lexcel* accredited firm of Solicitors in West Londonbased on Great Portland Street (just off Oxford Circus), which has been established for 21 years specialising in providing affordable, practical and professional advice in connection with all aspects of commercial law. Its business service team is experienced in advising start up and growing companies in all aspects of their business, including shareholder agreements, investment agreements, employment agreements, and commercial law contracts. Further information about Collins Benson Goldhill LLP’s services can be found at www.cbglaw.co.uk.

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Trisha Lotzer, JD., health-care attorney and CEO of Physis, Inc.

As millions of American homeowners know, the housing market crash was fueled by inflated home values and bank loans that were high above the equity or actual value of “underwater” homes. According to Trisha Lotzer, JD., health-care attorney and CEO of Physis, Inc., a similar threat for banks, borrowers and owners of many of the nation’s medical, dental, optometry and veterinary practices must be averted.

Like residential real estate, medical practices may be marketed and sold by brokers. Brokers in the business of selling medical practices commonly charge 7-12% commission. The commission alone can add $80,000 to $2,000,000 to the purchase price, depending on the size of the facility–and drive up the bank note accordingly.

Like real estate agents, the job of the practice broker is to get the seller the highest selling price possible. Unlike real estate agents, however, brokers are often the only ones who value the practices they have for sale–giving them a built in incentive to inflate the value of practices and increase their commission. Ross Landreth, MBA, explains that the problem occurs when a practice is arbitrarily valued, purchased and financed at $1,500,000, but only has an actual fair market value (per USPAP approved valuation standards) of $850,000. This could mean that the practice does not cash-flow at $1,500,00 and that the new purchasers would have to raise the price of services in order to maintain profitability and pay back the bank note. This increase in the cost of health care does not increase the earnings of the practice owners or physicians but is passed along to patients and insurance providers.

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Lee-Legal.com – Tax Refunds And Bankruptcy

Millions of Americans count on their tax refunds each year to pay down debts, get caught up on bills, or simply to make ends meet. With an estimated 1.5 million personal bankruptcies to be filed in 2011, bankruptcy lawyers around the country are being asked the same question: “What will happen to my tax refund if I declare bankruptcy?”

Income tax refunds are basically interest-free loans to the government, and are therefore considered assets of debtors who declare bankruptcy. The trustee assigned to your case may be able to seize your income tax refund, depending upon two main factors: first, what type of bankruptcy you file, and second, whether your refund is fully  exempted.

TAX REFUNDS

•  According to the IRS, the average tax refund for 2009 was $3003 per person.
•  Early filers usually get larger refunds.
•  There were $1.2 trillion in personal taxes in the 2009 tax year.

The two main types of personal bankruptcy cases are Chapter 7 and Chapter 13. In a Chapter 7 case, debtors are essentially allowed to walk away from their debts.

In a Chapter 13 case, debtors must repay their unsecured debts over 3 to 5 years.

Most Chapter 7 cases are considered “no asset” cases, and for those assets that the debtor does possess, there are federal and state exemption laws, which prevent the bankruptcy trustee from seizing and selling the debtor’s property.

Just like the debtor’s household goods, clothing and automobile, in most Chapter 7 cases the debtor’s tax refund can be fully exempted, which means the bankruptcy trustee cannot even consider seizing the refund. However it is very important to use the full and correct exemptions to protect the refund.

BEFORE YOU FILE BANKRUPTCY

•  Tweak your withholdings to produce more immediate income throughout the year, which will reduce your refund return at the end of the year

WHEN YOU FILE

•  You must disclose all of your assets and all of your debts, and your tax refund is an asset. Bankruptcy fraud is a serious crime.
•  Maximize the bankruptcy exemptions on your refund and in most cases, you will be able to keep it.

AFTER YOU FILE

•  If your refund is exempt, the money is yours to keep.
•  If your return must be surrendered, the trustee in your case will directly notify the IRS, and you will likely never even see the money.

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Thomas Mansfield, Employment Solicitors, Illustrate how a Course of Conduct Amounts to Harassment

Employment solicitors Thomas Mansfield put harassment in the bigger picture.

As employment solicitors, we often think of harassment in the context of discrimination. What isn’t always understood is harassment in the wider sense.

The Protection from Harassment Act 1997 (PHA) was originally introduced in the wake of the Jill Dando murder trial to protect people from stalkers. Now, it is increasingly being used by employees to protect them from conduct within the workplace.

The case of Iqbal v Dean Manson Solicitors [2011] heard by the court of Appeal (CA) on 15 February 2011 provides a timely reminder of what amounts to harassment under the PHA.

Mr Iqbal sued Dean Manson Solicitors (DMS) under the PHA on the basis that letters received by him from DMS, he said, amounted to harassment.

DMS had employed Mr Iqbal as an assistant solicitor for two months. During that time he had worked on a matter for Mr and Mrs Tahir whose fees were guaranteed by a third party Mr Butt. The clients failed to pay and in 2009 DMS brought proceedings under the guarantee against Mr Butt who instructed Mr Iqbal to act for him.

DMS wrote to Mr Iqbal on two occasions questioning his integrity and accusing him of serious conflict and conduct issues. It then wrote to him a third time asserting that he had misled the law society and the general public.

Mr Iqbal issued county court proceedings against DMS under the PHA. The county court initially rejected his claim on the basis that the letters could not amount to a course of conduct amounting to harassment.

Mr Iqbal appealed to the High Court which dismissed the appeal on the grounds that that the letters could not be said to be oppressive or unreasonable. That the third letter could be described as possibly amounting to harassment, but as a single incident, could not form a course of conduct.

The Court of Appeal began by asserting that each of the three communications was oppressive and unacceptable and amounted to a deliberate attack on Mr Iqbal’s professional and personal integrity.

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Employment Solicitors Thomas Mansfield’s David Gray-Jones in the Employment Appeal Tribunal

Employment solicitors have for a long time grappled with the thorny issue of what constitutes employment status.

The main distinction of importance is that between an employee and a worker. An employee is an individual who has entered into, or works under a contract of employment. Broadly speaking, a contract of employment is a contract of service.

The question of employment status has been blurred in recent years by the evolution of the status of the worker and has become a task for employment solicitors to define.

Of this predicament, Thomas Mansfield’s David Gray-Jones says, ‘Whilst workers have less extensive employment protection rights than employees, such as the right not to be unfairly dismissed, other statutory employment protections including the right to holiday pay or to complain about non payment of wages, often cover workers as well as employees.’

For employment solicitors, the concise and efficient way to examine such cases is through EAT, a test applied by an employment tribunal when making decisions around unfair dismissals.

David Gray-Jones, of the Employment Appeal Tribunal he appeared in on behalf of Word by Word Translations Limited, argues that;

‘The claimant was neither an employee nor a worker; the employment tribunal did not have authority to hear his various claims including those of unfair dismissal and unauthorised deduction from wages.’

A fundamental tenet of a contract of service (a conventional contract of employment) is the requirement to perform the services personally. Of interest to the employment appeal tribunal was the fact that Mr Kuncharalingam had the power to delegate, that is, send a substitute to complete an assignment when he was unable to do so himself.

Whilst not establishing a new point of law, this case can be distinguished from earlier cases where the issue of substitution has been considered. Had the company exercised its power to limit Mr Kuncharalingam’s ability to provide a substitute then the employment tribunal might have felt obliged to follow previous legal authority and found him to be a worker.

What distinguished this case was the fact that Mr Kuncharalingam had an unfettered right to provide a substitute. He did so without telling the company and the company did not object. Thomas Mansfield’s David Gray-Jones says, ‘I was able to detect an absence of requirement for personal service and his case failed.’

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Collins Benson Goldhill Assists Innovative Online Money Transfer Business To Raise Seed Capital From Investors

Collins Benson Goldhill LLP’s business services team, David Morrison and Edward Harris Hughes, acted for the innovative online money transfer business, WorldRemit Ltd in connection with its raising of circa £350,000 of investment capital. WorldRemit Limited’s CEO and founder, Dr Ismail Ahmed had been offered the investment following his success in winning a business plan competition at the London Business School.

Ismail Ahmed “ Securing investment for our business with the help of CBG has allowed us to put in place technology that provides a secure online user experience and a world class money transfer platform, which together will make money transfers much more convenient for our customers.”

David Morrison, a Partner in the Business Services Department of Collins Benson Goldhill LLP said “CBG enjoys working with people who are establishing new businesses. Taking care of the legal aspects of starting business allows our clients to concentrate on their ideas and growing their businesses. WorldRemit has made a great start and we wish Ismail and his team every success for the future.”

WorldRemit is an online money transfer system which enables families to transfer funds quickly, securely and easily from any home or office based computer using their credit or debit cards. The money can then be either collected from agents or credited to a bank or mobile phone account. Further information is available at www.worldremit.com. The business started operating in 2010 and now serves customers in over 25 countries. Dr. Ahmed recently won an entrepreneurship award at the Somali Achievements Awards ceremony – the service provides a much more convenient way for Somalis to send money home, With transfers directly to mobile accounts, recipients can save time and money as they no longer need to travel to agent locations to collect cash– and as transfers are usually for sums of less than $100, the travel costs can be a significant proportion of the sum that is being collected.

Collins Benson Goldhill LLP is a Lexcel accredited firm of west end solicitors* based on Great Portland Street (just off Oxford Circus) in Central London, which has been established for 21 years specialising in providing affordable, practical and professional advice in connection with all aspects of commercial law such as Leasehold Enfranchisement and unfair dismissal. Its business service team is experienced in advising start up and growing companies in all aspects of their business, including shareholder agreements, investment agreements, employment agreements, and commercial contracts. Further information about Collins Benson Goldhill LLP’s services can be found at www.cbglaw.co.uk.

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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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50% Of Managers Risk Prosecution Under Corporate Manslaughter & Corporate Homicide Act

A recent survey of NHS, Local Authority and Housing sector managers researching the methods and practices for lone working and carried out by Glasgow University shows that less than 50% of business managers understand the current legislation, current industry standards and therefore the potential business impact and relevance of non-compliance. Amongst other key findings it is also clear that managers have very little understanding of the key components required in the design of a robust lone worker solution.

The survey, carried out in Scotland, was commissioned by Argyll the UK’s leading lone worker service provider and at the General Services Association (GSA) 4th annual conference held on 14th June in Edinburgh, Tom Morton, CEO of Argyll, outlined the key findings of the recent survey to the assembled delegates. The GSA is multi-agency in its composition, with members from a wide range of health, education and social care settings, within the public, voluntary and private sectors and from a diverse mix of occupational backgrounds. The Association aims to bring together its members to foster a national and international network of information, support and guidance whilst developing, influencing and promoting best practice in the prevention and management of aggression and violence.

The survey was designed to assist Argyll gain a thorough understanding of current lone working risks and the protection methods in use within the NHS, Local Authority and Housing Association sectors in Scotland and Tom Morton explained how they could use available technologies to effectively control lone worker risk.

Tom Morton reported that technical solutions can offer employers an effective and affordable control method. However, he warned, the Internet is currently awash with a complex array of solutions that comprise device manufacturers, software solutions, mapping or tracking providers and incident response service providers. Couple this confusing choice with a general lack of awareness of the quality or legislative compliance requirements offered by these individual solutions and the conclusion is a difficult decision for middle management and a massive exposure to prosecution under the Corporate Manslaughter & Homicide Act 2007.

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Joseph Law Corporation Adds Litigation and Employment Law Specialties with Addition of Jonathan M. Cohen

Joseph Law Corporation announced today that it has expanded its complex litigation and employment law expertise through the addition of Jonathan M. Cohen as Of Counsel to the firm.

Joseph Law Corporation Adds Litigation and Employment Law Specialties with Addition of Jonathan M. Cohen

“We are extremely pleased that Jonathan Cohen is teaming up with Joseph Law Corporation. With his extensive state and federal court litigation expertise as well as his experience providing pre-dispute advice in the areas of complex commercial transactions, executive compensation and employment law, we have rounded out our ability to offer complete legal solutions to public companies and private businesses,” said Jonathan Joseph, the firm’s chief executive officer.

Jonathan Cohen brings many years of trial experience to Joseph Law Corporation. He concentrates his practice on complex litigation as well as pre-dispute counseling. His practice includes executive compensation negotiations and employment law, including wrongful termination litigation, harassment, retaliation and discrimination. His trial experience includes class actions, complex commercial disputes, insurance coverage, real estate, product liability, securities, commodities and derivative litigation. He has represented clients in state and federal court in addition to domestic and international arbitrations and mediations. Prior to joining the Joseph Law Corporation, Mr. Cohen was a partner in the San Francisco office of Winston & Strawn LLP. Jon Joseph and Jonathan Cohen initially met eight years ago when they were partners in the San Francisco office of K & L Gates (previously known as Kirkpatrick & Lockhart Nicholson Graham LLP).

Joseph Law Corporation is an AV® rated firm based in California that emphasizes complex banking, corporate, regulatory, securities and transactional matters for financial institutions, entrepreneurs, businesses, investors and venture capital firms. Joseph Law is known for sophisticated expertise, extraordinary commitment to clients, relationship-based services, and a range of specialized capabilities typically found only in the largest American law firms. For additional information, please visit the firm’s website at http://www.josephlawcorp.com.

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Quigal.com Is Celebrating Its National Launch With A Sweepstakes Campaign

Quigal.com is celebrating its national launch with a sweepstakes campaign, which will award the winner an Amazon Kindle.

Quigal.com offers users the ability to search online for top-tier attorneys in their local market. “We felt that giving away a Kindle was the perfect way to launch our product nationally,” said Founder and CEO, Renate Harrison. “The Kindle is an innovative new device that is changing the way people read books and, similarly, Quigal is innovative and new and changing the way the people search for attorneys.”

The sweepstakes will run for a period of two months and participants can enter several ways: (i) by leaving feedback on Quigal’s website – Quigal employees are looking forward to reading the feedback and will consider any added features or changes visitors suggest; (ii) by becoming fans of Quigal on Facebook; and finally, (iii) by becoming followers of Quigal on Twitter.

Quigal.com is one of the first attorney search websites to make extensive use of social networking. Moreover, Quigal.com allows its attorneys to link to their own social networking sites. This is a feature that many other attorney search sites have not yet exploited. Harrison noted that, “At Quigal, we strive to run our site in a way that matches how visitors and businesses use the internet. Many businesses and professionals make use of social networking sites to promote their trade and it just seemed natural that Quigal would allow its attorneys to link to them as well.”

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Online Attorney Search Website To Offer Nationwide Service

Quigal, LLC, a leading provider of online attorney search services in Massachusetts , announced today that it will be offering nationwide service. Quigal.com is an attorney search engine that allows users to easily search for and quickly contact top quality legal professionals located in their area. Quigal first launched its initial beta website in Massachusetts in October of last year.

Online Attorney Search Website To Offer Nationwide Service

“Quigal.com has continued to grow as expected and we are excited to bring this service to users nationwide,” commented Renate Harrison, founder and CEO. “The entire country can now have access to quality attorneys anytime.”

Since first launching its site, Quigal.com has been steadily changing the way the public searches for attorneys online. Its attorney search service allows a user to simultaneously contact up to ten distinguished attorneys by geographical location and practice area.

In preparation for launching nationwide, Quigal.com made sure its database infrastructure was ready to handle the challenges of going national. “We took the time we needed to make sure that our national launch would go smoothly and seamlessly, we know our users expect nothing less,” explained Harrison .

In conjunction with its national launch, Quigal.com has also announced that it will be running a sweepstakes campaign. More information regarding that campaign can be found by visiting www.Quigal.com.

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A Solution to Streamline Chapter 7 and 13 Bankruptcy Law Firm Operations

When a consumer is interested in filing bankruptcy, they will normally contact a bankruptcy attorney in their area or simply walk into their office with no prior appointment. The average consumer will also want to know how much it will cost to file bankruptcy, at which time the attorney must gather enough information about their financial situation to provide a reasonable quote for services. The majority of attorneys do this by providing a free initial consultation.

A Solution to Streamline Chapter 7 and 13 Bankruptcy Law Firm Operations

Unfortunately, this method is proving to be extremely unsuccessful for many Chapter 7 and Chapter 13 bankruptcy attorneys. For example, a small law practice in Denver, Colorado recently said that she often only coverts 2 out of 10 free consultations to actual bankruptcy clients who retain her services. This is a great loss of time and money; in fact, about 80% of it.

Another attorney in Los Angeles, California said that he spends about 25 hours of free consultations per week to average 3 new clients who pay a retainer. And still, another attorney in Phoenix, Arizona said that he is spending so much of his time with free client consultations that end up resulting in a total loss of income, that he has little time to dedicate to clients who have retained him. He is considering hiring an in-house attorney or law student but is afraid he cannot afford it right now.

Problems like these, and thousands more like them are not uncommon in the average Chapter 7 and 13 bankruptcy office today. However, attorneys are finding the necessity to streamline operations just to keep up with the increased workload within the bankruptcy industry itself. They no longer can afford to spend 3, 4 or more hours per day interviewing clients, only to find out they either are ineligible to file bankruptcy; or even worse, to discover there are potential problems that may cost more time for the attorney or paralegal that were not anticipated during the initial client meeting.

A Proposed Solution
The Initial Intake Form, a tool recently developed by Colorado Bankruptcy Training, is designed to enable law firms to meet these time saving goals as well as accomplish much more.

The Initial Intake Form is a 4-page form that is basically comprised of yes and no questions. This makes it very simple and fast for potential client(s) to fill out and complete either at the law firm or over the internet by accessing the law firm’s website. The information gathered from these yes and no responses is designed to be simple and fast for the attorney to interpret also. This is accomplished through the extremely detailed, 75-page Operations Manual that comes with the package.

To find out more and watch a product demo VIDEO about the Initial Intake Form Kit, visit: http://www.coloradobankruptcytraining.com/products_intakeform.html.

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Online Attorney Search Service To Offer Nationwide Service

Quigal, LLC, a leading provider of online attorney search services in Massachusetts , today announced that it will start offering its search service nationwide beginning April 5, 2010. Currently, the website (www.quigal.com) allows users in Massachusetts to easily search for and quickly contact top quality legal professionals located in their area. Quigal first launched its initial beta web site in Massachusetts in October of last year.

“The steady increase in web traffic we have successfully serviced since our launch has demonstrated that we are ready to offer our service nationwide,” commented Renate Harrison, founder and CEO. “Fortunately, things have gone pretty much as planned and we feel that this is the right time to take this next step.”

Since first launching its site, Quigal.com has been steadily changing the way the public searches for attorneys online. Its attorney search service allows a user to simultaneously contact up to ten top-tier attorneys by geographical location and practice area. This announcement means that, starting April 5 th , the entire country will have access to top-tier attorneys anytime.

To handle the expected influx of new users, Ms. Harrison added: “In the next couple of months, Quigal will be making sure its database infrastructure will be ready for the challenge of going national. We are taking the time we need to make sure we do this right. We know our users expect nothing less.”

Are you interested in registering with Quigal? Please visit Quigal’s website at www.quigal.com. For more information about Quigal, please contact Juliana Gaita-Monjaraz.

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Employee Dismissal Law In Netherlands

De Graauw Legal Services specializes in assisting employees who are confronted with summary dismissal and are subject to Dutch law which is also referred to as Ontslag op staande voet in dutch legal terms.The firm also helps individuals dealing with settlement terms and Termination Agreement also referred as vaststellingsovereenkomst and Beëindigingsovereenkomst.

Employee Dismissal Law In Netherlands

Most individuals focus on the direct financial damage such a dismissal can cause through loss of unemployment benefit, salary and severance pay. However another very important aspect in these cases that is too often neglected is formed by possible career damage.

According to the founder and managing director Roland de Graauw LL.M “When no regulation concerning secrecy and statements to third parties is agreed upon, such a dismissal can pursue the client in the future.” This is especially the case when the client worked a long time for the company involved as under these circumstances chances increase that the former employer will be contacted in a selection procedure by a possible future employer increase. When the former employer, that fired the client on the spot due to culpable actions, informs the inquirer, the client can forget about the new job. Also, lying about a summary dismissal can according to jurisprudence be a ground for dismissal for the new employer. Therefore it is essential to agree upon a regulation which includes secrecy as well as a conversion of the summary dismissal to a termination by mutual consent on neutral grounds.

Degraauw legal services assists individuals in dealing with their employment dismissal cases and provides them with swift legal assistance.

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