Lebowitz Edelman advises Leading Bank and Investment Fund on refinancing and Commercial Mortgage-backed Securities Securitization in the Amount of EUR 406.1 million

Lebowitz Edelman has advised Leading Bank and Investment Fund as arrangers and lead managers on the refinancing of the securitization by a new CMBS in the amount of EUR 406.1 million.

With this transaction, the volume of European Commercial Mortgage-backed Securities transactions entered into this year has increased to approximately EUR 5.5 billion.

The major part of the new securitization serves to refinance the matured Commercial Mortgage-backed Securities and is secured by a portfolio of Hong Kong multi-family residential property controlled by leading Investments Fund; in addition and subject to certain conditions, it may be used to refinance the real estate portfolio. The issue is split into four classes of notes. The senior class bears interest at a rate of Euribor plus 1.92%. The notes have a term of 8 years, maturing in 2021.

Lebowitz Edelman has advised Leading Bank and Investment Fund across all aspects of the financing and securitization, from the structuring of the transaction, negotiating the loan and CMBS documentation, through to the execution of the new facility agreement and the issue of the Notes.

The Lebowitz Edelman Team was led by partner Matt Law-Yone (capital markets and securitization) and included partners Glen Fee, Dr. Gus Gin (both finance), Dr. Helen Jung (tax, all Hong Kong), Judy Zia (finance, Hong Kong), Dr. Tao Wong (capital markets and securitisation, all Hong Kong.

Another Lebowitz Edelman team amongst Martin Ming (Counsel) supported by Niketa Tahori (Associate) has advised the Security Trustee and the Trustee and Issuer Security Trustee (Hong Kong Trustee Company).

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Chief Litigation Counsel Matthew Sheng to Leave Lebowitz Edelman

Lebowitz Edelman announced that Matthew T. Sheng, the Chief Litigation Counsel for the Division of Enforcement, will leave the firm next year.

Mr. Sheng has led the Enforcement Division’s litigation program, managing cases pending both in courts and administrative proceedings at the Commission. The trial unit has 40 attorneys at the Lebowitz Edelman’s Hong Kong headquarters as well as litigators throughout the agency’s offices.

Mr. Sheng served as lead trial counsel in the Lebowitz Edelman’s successful prosecution of Chi Mingus in addition to directly assisting in litigation efforts for several other significant matters. Mr. Sheng also developed and directed the Lebowitz Edelman’s litigation response to significant changes in the securities laws such as the Supreme Court’s decisions.

Last year, Mr. Sheng was the recipient of the Lebowitz Edelman Chairman’s Award for Excellence.

“Matt’s outstanding stewardship of the trial unit and his impressive command of the securities laws have resulted in many favorable outcomes for our litigation program,” said Justin R. Long, Co-Director of the Lebowitz Edelman’s Division of Enforcement. “Matt will leave a legacy of great service to the agency and the investing public, and we wish him every success in the future.”

Mr. Sheng said, “It has been a privilege to lead such a talented and dedicated team of professionals committed to prosecuting wrongdoing in the securities markets. During my time in the Enforcement Division, I have been fortunate to work with great people on significant and challenging matters on behalf of our international clientele.”

Mr. Sheng began his legal career as a law clerk at the Court of Appeals for the Hong Kong Circuit. He then served as a law clerk for then-Chief Justice of the Hong Kong Supreme Court. After his clerkships, Mr. Sheng worked as a litigation associate for a national law firm and later held several positions in the Criminal Division of the Hong Kong Department of Justice, eventually becoming chief of staff to the Assistant Attorney General.

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Antitrust and Innovation: Pro or Anti-competitive?

Antitrust and commercial lawyers in private practice, in-house lawyers, enforcement officials and academics will gather in Hong Kong for the 17th annual competition conference, presented by the antitrust committee and supported by the Southeast Asian Forum.

Our antitrust team will play an active part in this year’s conference.

Michael Chang, Southeast Asian Forum’s President and antitrust partner, will introduce the conference. Malese Quan, a partner in our Lebowitz Edelman Hong Kong team, will speak on antitrust and innovation in the first panel, which will examine how antitrust agencies protect and promote innovation and whether the right balance can be struck, between the recognition of pro-competitive benefits of incentives to innovate, and the anti-competitive concerns raised by certain practices, such as in patents and the use of online data.

Vice-President and Southeast Asian Commissioner in charge of Competition, Adam Kwong, is the conference keynote speaker.

Other topics include:

•  Challenges of global merger control – international merger control enforcement: are we still seeking coordination of substance and procedure or do we accept multinational cacophony?

•  Pricing strategies: MFNs, discounts, discrimination

•  Cartels evidentiary standards

•  Views from those who are shaping competition law

•  Case study: antitrust and the music industry – a long and winding road

Malese Quan is widely recognized as a leading lawyer in the innovative TMT sectors according to independent guides. He has advised on a number of precedent-setting merger and behavioral investigations as well as regulatory and antitrust litigation in these sectors. Malese heads Lebowitz Edelman ‘s media sector group. Our global antitrust, intellectual property and TMT groups advise some of the world’s leading technology, media, telecoms and life science companies in relation to their antitrust, regulatory, licensing and litigation strategies.

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A Major Chinese Eurobond Deal of 2013

Lebowitz Edelman has closed a major Chinese Eurobond deal of 2013, indicating optimism about the Chinese market.

Lebowitz Edelman had advised a Leading Bank and Investment Trust, as arrangers on the USD7 billion programs for the issuance of Loan Participation Notes by a Capital Investment Company for the purpose of financing loans to open Joint-Stock Company for a Chinese Agricultural Bank, and Leading Bank and Investment Trust. Loan Participation Notes due 2014 were issued as Series 4.

Chinese Agricultural Bank will be a 100% state-owned bank and is one of the leading financial institutions providing lending support to Chinese agribusiness. Today its network of 78 regional branches and over 1,430 additional offices covers the whole territory of the China and is the second largest regional branch network in the country. Chinese Agricultural will rank number four among the largest banks of the Chinese by assets and capital.

Hong Kong capital markets partner Howard Luen Jang commented: “This is an important deal for the Chinese market, given the current environment. The deal also underlines the strength of the Lebowitz Edelman’s Capital Markets team and its ability to provide seamless service across offices and jurisdictions”.

Lebowitz Edelman ‘s Hong Kong team was lead by partner Howard Luen Jang, who was assisted by associates James Jing, Maria Jade Wong and Lisa Ling. Senior associate Alexander Tan and associate Zhou Zong advised on the Chinese securities law matters; partner Matthew Lee and senior associate Jonathan Dang advised on Chinese law matters.

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Dental Law Partnership Client Wins £24,000 for Dentist’s Negligence in Missing Tooth Decay and Damaged Sinus

A Dental Law Partnership client has received £24,000 in dental compensation after inadequate care resulted in untreated decay, lost teeth and sinus damage.

The client, a 39 year old woman from the South of England, won the sum in an out of court settlement after losing 3 teeth and suffering a damaged sinus following substandard treatment from her dentist. She was also forced to endure repeated dental treatment.

Between 2002 and 2008, she visited the dentist regularly, with routine checkups, scale and polishes or fillings, carried out every six months. But after fitting a crown to one of the woman’s upper teeth, she suffered a lot of pain which was so bad it kept her up at night. It was so bad, in fact, that just one month later the adjacent tooth had to be removed.

During this extraction procedure, the dentist damaged the crowned tooth and the crown came off. But that wasn’t all, because whilst removing the roots from the tooth socket, a fragment of the tooth root became lodged in the patient’s sinus.

This caused such excruciating pain that after a few days, the woman was forced to attend her local A&E. She was also worried that her nose was running constantly. An X-Ray proved that the tooth root lodged in her nose was causing constant discharge. The hospital referred her to a specialist to have the misplaced root extracted.

But whilst attending this procedure she was informed of the untreated tooth decay of 3 of her teeth. At this point she decided to change dentist and began an extensive treatment plan to fix the problem.

The original dentist’s failure to provide adequate care to the decaying teeth meant that the patient lost two teeth and was certain to lose another in the future. All will require painful implant treatment in the future. Further decay on other teeth had to be treated with fillings. She discovered that her original dentist had failed to properly assess the extracted tooth prior to carrying out the procedure. If he had carried this assessment out she would have avoided the treatment of the tooth fragment within her sinus.

While her dentist refused to admit or deny liability, the Dental Law Partnership were able to claim £24,000 for their client in an out of court settlement. Speaking after the decision she said: “I am very pleased with the outcome, I never thought I would have to sue my dentist but at least I have redress for the dental problems I suffered”.

The Dental Law Partnership provides specialist legal services to the victims of dental complaints, and they are the market leaders in the field. As the UK’s only specialist dental law practitioners, the Dental Law Partnership can help victims to seek dental compensation for the damages suffered.

Their specialist team is made up of experienced solicitors and dentists, providing unique expertise and insight. Patients who believe they have a right to compensation for poor dental work, can find out quickly if they have grounds for a claim and get the help they need to put things right.

For more information, visit http://www.dentallaw.co.uk or call 0800 0853 823 to speak to an advisor.

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UK Personal Injury Law Sees a Calm Month after June Scrutiny

2013-07-15 — /EPRLawNews.com/ — Due to the nature of claiming for a personal injury, usually with the individual going against a business, it is always going to be a turbulent world, with legislation and law always having to keep up with the advancements in technology, professions and culture. The UK is no stranger to those twists and changes, and they can sometimes put the claimant in a position where they feel uncomfortable claiming for their personal injury, at work or otherwise.

Last month for example, there was media uproar about the amount of whiplash being made in the UK, with claimants coming under fire from a number of popular newspapers, saying that 50-60% of claims were fraudulent. According to Mail Online, fraudulent claims cost insurance companies £1bn ($1.51bn), blaming ‘American style claims’ for the increase in claim figures. On top of that, the attention came alongside changes to personal injury law. The interesting thing about these remarks is that the amount of car accidents has fallen by roughly 60,000 over the last year, understandably causing some confusion about the consistent level of claims.

Despite all this, the past two weeks have been a relatively quiet period in the UK. With no changes and little media attention, we are beginning to see a calmer season, yet that doesn’t mean it’s the last of scrutiny and change for the summer. As the temperature increases there is a higher amount of people on the road, workers that do their job outside are exposed to extra risks from the heat and the school break opening holiday season, meaning that we can probably expect some more attention before the end of August.

For the outside workers, the most common injuries are slips and fall that can end in minor breakages, so you would think that that becomes less in the dry summer, however, The heat can easily cause fatigue and dehydration, making people more likely to injure themselves.

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Leading Medical Malpractice and Personal Injury Law Firm Duffy & Duffy, PLLC Announces New Attorney

Duffy & Duffy, PLLC (www.duffyduffylaw.com) a leading law firm dedicated to medical malpractice and personal injury practice today announces the hiring of Melissa Eggers.

Melissa Eggers is an associate at Duffy & Duffy, PLLC. Ms. Eggers recently joined the firm after serving over a decade as a prosecutor for the Suffolk County District Attorney’s office. Ms. Eggers gathered years of daily litigation experience that included daily courtroom appearances, over 200 Grand Jury presentations and numerous trials on both the misdemeanor and felony levels. Her career at the District Attorney’s office included prosecuting perpetrators of domestic violence, violent felony crimes including robberies, assault, conspiracy to commit murder, as well as complex white-collar crimes. Of these economic type cases, she has prosecuted cases involving criminals who conducted a multi-million dollar a Ponzi scheme; identity theft and employee embezzlements. Ms. Eggers brings her courtroom and trial experience to the firm and advocates for the clients of Duffy & Duffy, PLLC to seek justice on their behalf.

Ms. Eggers graduated from Florida State University in 1999 with a B.A. in Criminology and a minor in Business. She attended Nova Southeastern University Shepard Broad Law Center where she earned her J.D. in 2002. She is admitted to practice in New York and Florida.

At Duffy & Duffy, PLLC we believe that curing medical malpractice starts with patient safety. That’s why the members of our law firm work to not only bring justice for each individual client we represent, but always with this larger idea in sight.

No guesswork. Just facts.

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Babson New York Rocket Pitch 2012 Supporter Helps First-time Entrepreneurs

No other law firm in history has voluntarily waived $500,000 in legal fees and absorbed $100,000 in expenses simply to help 500 first-time entrepreneurs incorporate; but that’s exactly how Jeff Unger, Los Angeles-based attorney and founder of eMinutes, a corporate law firm, spent most of the last 12 months. As of April 2, 2013, Mr. Unger announced he is ready to do it again, this time waiving nearly three-quarters of a million dollars – $725,000 – to help 725 first-time entrepreneurs in California, New York, Texas and the District of Columbia form their businesses for free.

“Today’s do-it-yourself-incorporation mentality and misinformation about business formation being provided by ‘experts’ who have no knowledge of the law is misleading inexperienced entrepreneurs,” said Jeff Unger, attorney and founder of eMinutes. “As a result, they end up with a business entity that may leave them exposed. At eMinutes, we are determined to provide as many first-time entrepreneurs as possible with the right counsel and guidance so their businesses have an honest opportunity to succeed.”

Jean Tsai is obsessed with food quality and she is also one of the 500 first-time entrepreneurs eMinutes helped in Phase I of the entrepreneur program. As an incorrigible lifelong snacker, she searched for a delicious and healthy snack that was made from sustainably grown real food ingredients. Never finding one, she decided to start Pop Karma after working in the corporate world and earning her Master’s Degree in Business Administration at Dartmouth College.

“The expertise eMinutes offers is superior. Like many entrepreneurs, I agonized over whether to be an S-Corp or an LLC, and even thought about incorporating by myself,” said Jean Tsai, founder of Pop Karma. “eMinutes provided exceptional guidance and asked the right questions that helped me decide what entity was right for my business. They made the entire process simple and incredibly fast – it would have taken a much greater investment of personal time on my part if I had done it on my own, and I wouldn’t been as successful.”

In Phase II of its entrepreneur program, eMinutes will waive 100% of its legal fees for eligible first-time entrepreneurs who demonstrate a sincere commitment to building their business, for example, a clearly-defined business plan or an active website. All eligible entrepreneurs must have retained the services of a CPA and agree to pay filing fees.

Christina Eisenstein, founder of Macaroon and one of eMinutes’ first 500 first-time entrepreneurs, fell in love with the French macaroon years ago, and decided to leave the advertising world for sweeter pastures. Although born in the Midwest, she comes from a long lineage of bakers in Paris and is committed to combining her French roots with the American palate. What she didn’t have was knowledge of how to form a business.

“eMinutes saved me money on legal fees that I was able put back into my business. They completed all the paperwork and submitted it quickly, with virtually no effort on my end,” said Eisenstein. “Their attorneys are professional, readily available and eager to help; they are truly champions for entrepreneurs.”

For more information on Phase II of the entrepreneur’s program and eMinutes corporate legal services, visit http://eminutes.com/entrepreneurs or call (310) 820-1000 in Los Angeles, (212) 772-7770 in New York, or (512) 942-1100 in Austin, Texas.

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Rick Baker, Orlando Consumer Lawyer Announces Availability of Free Tax Preparation Services

Free Tax Preparation Services — Today Rick Baker, Orlando Consumer Lawyer announced a new program allowing customers to use their tax refunds to file for bankruptcy. Some Orlando consumers are unaware that they can use their tax refunds to file a Bankruptcy case. Rick Baker is offering free 1040 tax return preparation when fees are deducted from the refund toward filing a bankruptcy case.

Now is the perfect time to resolve debt and mortgage issues and Rick Baker, Orlando Consumer Lawyer is here to help. Many of our clients who need bankruptcy protection and relief don’t know that it is allowable to use their tax refunds to fund the cost of filing their bankruptcy case. Here is the truth about tax refunds and bankruptcy.

How Does Bankruptcy Impact Tax Refunds?

Many people contemplating filing for Bankruptcy want to know what happens to their tax refunds. It depends on when the case is filed. At this time of year there are two ways to play it:

Option #1 is to file a 1040 tax return as soon as possible, and then use the refund on the cost of filing a bankruptcy case and/or other necessary living expenses (not on debts or paying back friends and family). Many Orlando consumers need their tax refunds to file their cases and get debt relief. Orlando Bankruptcy Trustees understand this and do allow it.

Option #2 is to file a case and exempt the refund if the case has enough room to also exempt all other assets. The problem with option #2 is that it uses up exemptions that the consumer could use to keep other assets and it only works if they can fully exempt the tax refund and still have other assets protected (exempt) as well. Rick Baker, Orlando Consumer Lawyer determines this on a case-by-case with each client, based on their situation.

Free Tax Preparation Offer

For a limited time, Rick Baker has partnered with the CPAs at YOUNG & HAAS to prepare consumers’ Tax Returns (1040) FREE OF CHARGE, provided that the bankruptcy case fees and costs for the case are deducted from the tax refund. We are offering FREE Tax Return preparation, allowing Orlando consumers to receive a refund within one week! Orlando Consumers needing help with their debts and mortgage can contact Rick Baker, Orlando Consumer Lawyer today for FREE TAX RETURN PREPARATION when the refund is used to file a bankruptcy case. “We will fast track your case and get things moving. I look forward to helping many Orlando consumers through this process and making 2013 the year of the Fresh Start!” said Rick Baker, Orlando Consumer Lawyer.

Founded in 1993, Rick Baker, Orlando Consumer Lawyer is Central Florida’s leader in bankruptcy law. The company serves the Central Florida and seven-county Orlando area, including the cities of Sanford, Lakeland, Lady Lake, Kissimmee, Maitland, Lake Mary, Oviedo, Winter Garden, Winter Park, Windermere, Lake Nona, Apopka, Mount Dora, Winter Springs, Longwood, Orlando, Melbourne, Titusville, Cape Canaveral, Daytona Beach and New Smyrna Beach, and the counties of Orange, Seminole, Lake, Polk, Brevard, Volusia and Osceola.

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New Lawyer for the Alleged Ukrainian Child Porn Tycoon

Maksym Shynkarenko, who has been charged with 32 counts of advertising child “adult content” to child exploitation enterprise and money laundering, has retained the Bukh Law Firm, P.C. of New York as his criminal defense counsel in his upcoming trial. He was arrested in Thailand in 2009 and had been fighting extradition to the United States since that time. Mr. Shynkarenko was extradited from Thailand earlier this summer (June 2012) and was allowed by the court to have time to prepare for trial in the Federal Court.

The investigation of the 33-year-old Ukrainian and his alleged child pornography network by U.S. investigators has claimed 560 child pornography convictions across the country since it first began. Mr. Shynkarenko was indicted in New Jersey (case #2:2008-cr-00625) as that is where U.S. investigators first uncovered his alleged website on the computer of a New Jersey resident which was then shut down in 2005. The trial will take place in the U.S. District Court in that jurisdiction.

Mr. Shynkarenko is a native of Kharkov, Ukraine and the indictment has charged him as running a worldwide network of several child pornography sites with two co-conspirators, one from the Ukraine and one from Russia. While this is alleged to be a very profitable enterprise for all involved, Mr. Shynkarenko was granted the services of a public defender by the Judge at the time of his indictment. He is now represented by federal criminal defense attorney, Arkady Bukh.

At the time of the hearing after his extradition, the Associated Press reported that a spokesman for Ukraine’s Foreign Ministry stated that detectives had found absolutely no evidence that Mr. Shynkarenko had committed a crime and they are concerned about the “rights of our citizen”. The Shynkarenko family is very concerned and they do presume him innocent. Ukranian officials are quite concerned about this case as they feel that U.S. prosecutors have a poor reputation regarding the rights of their citizens. If convicted, Maksym Shynarenko could face up to 20 years in prison on each count.

U.S. District Court Judge William H. Walls has set the pre-trial conference in this case to March 26, 2013. The Bukh Law Firm, P.C. has several criminal defense attorneys experienced in the defense of this type of case in Federal Court.

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Darlingtons Solicitors on the Rocketlawyer panel of law firms

As reported in today’s legal press, Rocketlawyer, an established US legal documents and services brand, will be launching later this month in the UK.

In addition to offering a range of interactive online legal documents at a very competitive price, the company will also have a small number of selected panel solicitors who will assist with content for the Rocketlawyer website and will offer additional services to Rocketlawyer customers.

The fact that law firms will be working closely with Rocketlawyer means that a customer who wants to use one of the documents on the site and has completed most of the document but still has follow up questions or unusual requirements, will have access to expert, discounted legal advice.

Darlingtons Solicitors are delighted to announce that they are 1 of the 20 initial panel member firms.

As part of the discussions and criteria for panel membership, a law firm needs to satisfy Rocketlawyer that it has the right attitude to dealing with online legal customers, who expect not only high quality legal advice but excellent service. Firms must also demonstrate that they are active online and fully embrace the importance of the internet for the future of legal services.

The discussions between Darlingtons and Rocketlawyer did not take long to result in fruition. Both parties recognised that they have much in common and a very similar outlook.

James Swede, Managing Partner of Darlingtons comments, “As soon as I saw that Rocketlawyer were entering into the UK market I was interested in talking with them. I met with Mark Edwards of Rocketlawyer just a few days later, and it only took an hour over a coffee to quickly realise that they are the type of people we like doing business with and vice versa. Our online presence is very important to us and we recognise that there is big market for using online applications to make law easier and more cost effective. Our services will compliment and enhance the interactive documents provide by Rocketlawyer and in my view, any firm which sees interactive legal documents as a threat has a mistaken and shortsighted approach. Not only that but they will be swimming against a very strong tide”

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The Divorce Handbook Helps Reduce Legal Fees and Stress

Donald Baker’s book, The Divorce Handbook: How to Put the Worst Behind You – Quickly, Fairly, and Finally is a comprehensive guide to the emotional and legal struggles of divorce. The first three chapters are available for free at bakerandbakerlaw.com

About The Divorce Handbook
The Divorce Handbook covers topics of concern for someone going through divorce – from custody and support questions to property division guidelines. Baker has simplified the process so that divorce need not be needlessly painful—or expensive.

“Going through separation and divorce is a traumatic, life-altering experience. It’s difficult enough from an emotional standpoint,” Baker explains, “On top of everything else, there are grave and consequential issues and decisions you must face which will affect the rest of your life. It’s critical that you obtain good legal advice.”

While many assume that a book written by a lawyer would hold only legal advice, much of the advice is how to approach the emotional conflicts that are likely to come up in separation. For example, the author reveals how to explain divorce to children so that they do not feel they are at fault. Baker’s goal with the book, above all, is to make divorce as smooth an experience as possible: “I sincerely hope that you find this booklet useful, as many thousands already have.”

To learn more about Baker & Baker, visit http://bakerandbakerlaw.com.

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Bernard Walsh Gains AV® Preeminent Rating For Personal Injury Expertise and High Ethical Standards

The AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him at the highest level of professional excellence. An extremely dedicated attorney, Bernard Walsh, was admitted into the Florida Bar Association in 1978 and has been actively serving the Florida justice system for 34 years.

Mr. Walsh obtained this AV Preeminent® rating by garnering the praise of his peers in an objective review by other bar members and judges. Reviewers rated Mr. Walsh on a number of factors including ethical standards and legal ability in the personal injury and wrongful death areas of practice.

Now a partner with the Florida personal injury law firm Shapiro Goldman Babboni & Walsh; Mr. Walsh has demonstrated his leadership in the Florida legal community by founding the Manasota Trial Lawyers Board, an organization of Southwest Florida’s prominent trial lawyers and by his years of service and successes in representing injured clients.

During the review process Mr. Walsh received praise from many Bar members. One such Attorney had this to say about Bernie Walsh, “I have known Mr. Walsh for many years and have defended cases brought by him. He is an excellent lawyer who cares deeply about his clients.” That reviewer rated Mr. Walsh 5 out of 5.

Another bar member remarked, “Definitely the “go to guy” for any questions regarding the practice of personal injury.” Comments like “I have known Mr. Walsh for many years and have defended cases brought by him. He is an excellent lawyer who cares deeply about his clients,” illustrated his worthiness to receive the rating of AV Preeminent®.

Attorney Bernard Walsh had this to say about his recognition by the AV Preeminent® rating “I am deeply honored by the comments of my fellow attorneys. It’s wonderful to have the years of hard work recognized. Receiving this honor helps my clients better understand the level of dedication and expertise we offer for their behalf.”

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Employment Law Reforms Announced to Shake Up the Work Place and Encourage Businesses to Hire Again, reports Thomas Mansfield

Business Secretary Vince Cable has announced reforms to the UK’s employment laws that make it easier for employers to dismiss under-performing employees. The amended laws include settlement agreements which will give employers the opportunity to pay-off under-performing staff to prevent future claims of unfair dismissal. Although workers are not obliged to accept a pay-off, if they do so it will be legally protected and as such cannot be brought up as evidence in a future court case or tribunal.

At the same time, the maximum limit for a pay out for unfair dismissal is being reduced. It currently stands at £72,300, but MPs want this reduced to a maximum of 12 months’ salary. The aim is to encourage employers, particularly small and medium sized firms, to employ more people.

Critics say the proposals only benefit employers and remove rights from workers, but many employers, particularly smaller firms, should find some benefits, including savings of time and resources, and greater security.

Thomas Mansfield, employment solicitors London based, points out these new settlement agreements are pretty much the same as the existing compromise agreement system. Currently employees and employers can come to a specific agreement over a financial pay out from the employer in return for the employee bringing no claims against the employer in the future. Free legal representation is offered as part of this package, and Thomas Mansfield predicts it will be included in the new settlement agreements too.

The UK’s legal system is a confusing one and often beyond the reach of the ordinary worker. Thomas Mansfield is well placed to provide advice, support and representation on matters relating to employment law, including unfair dismissal and employment tribunals. It predicts the new rules are bound to cause further confusion among both employers and employees and advises anyone confused by the new laws to seek out legal advice when necessary.

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Shoosmiths launches new Bereaved Service

Access Legal, the private client arm of top national law firm Shoosmiths LLP, has launched a new service for those recently bereaved that aims to provide a thoroughly professional, seamless, integrated and empathetic approach to the legal issues associated with a death.

Commenting on the new Bereaved Service launch, David Palmer, practice group head of Access Legal Private Client said: “Aligning our proposition to satisfy our clients’ need is key to how we differentiate ourselves. While other law firms simply list their products and services under categories and headings convenient for them, this new, integrated service addresses the complex and interconnected issues people have to face after a bereavement in a way they will appreciate and relate to.”

Presenting legal services in terms that are both understandable and accessible is nothing new for Access Legal. However, the new Bereaved Service is intended to grow into a comprehensive one-stop resource providing not just technical legal advice, but all the information, support and practical guidance needed in the aftermath of bereavement with absolutely no obligation to purchase or commission any of the services on offer.

National head of clinical negligence, Richard Follis, added: “The Bereaved Service does incorporate all the discrete areas of legal expertise that many other solicitors would offer, but what is new is the approach in providing those legal services together with other advice about benefits, official responsibilities and coping with the emotional impact of bereavement. To my knowledge, no other law firm has such a holistic, integrated proposition based on the needs of the bereaved rather than the convenience of lawyers.”

Follis maintains that the service has been shaped by the fact that bereavement is not a discrete or episodic experience. A death generates many onerous official tasks and obligations for surviving family and friends at what is an emotionally difficult time so the service aims to minimise the personal stress the recently bereaved must endure.

Practicalities may dictate legal expertise that could range from power of attorney prior to a death through to representation at an inquest, challenging a will, sorting out probate issues or seeking financial compensation immediately afterwards. However, Shoosmiths has also invested heavily in training the staff who will man a dedicated bereavement helpline to provide not just advice and assistance about legal issues, but also to understand the caller’s situation and give advice and guidance about the many issues that confront any recently bereaved person.

The helpline on 03700 864 570 is available seven days a week and lines are open Monday to Friday 8 am to 8 pm, Saturday 9 am to 6 pm and Sunday 10 am to 4 pm.

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Family Solicitors Gregory Abrams Davidson Offer Advice on Divorce Proceedings

When a relationship breaks down, particularly a marriage, it can be a distressing time for everyone involved, from the two parties who are separating to their children and other family members. If you are considering filing for divorce, it can be difficult to know where to start.

If the decision to separate is an amicable one that has been taken and accepted by both parties, then the can usually be resolved fairly quickly, or a trained mediator can be brought in to help iron out minor problems for some families. However, in most divorce cases, it is necessary to take the matter to court.

The law can provide a framework for couples to resolve their differences, and help them to make important decisions such as the custody of any children involved, financial affairs, and how to distribute shared assets between the two parties.

The future security of you and your family are of the utmost importance, and every effort should be made by the court and your team of solicitors to ensure that your needs and views are taken into account throughout the proceedings.

Of course, divorce is not the only legal matter that can affect your family. Other cases relating to couples and family relationships include cohabitation disputes, pre-nuptial agreements and family business disputes. All of these family law cases can be handled by the family law solicitors at Gregory Abrams Davidson.

With offices in London and Liverpool, Gregory Abrams Davidson LLP is a national firm of solicitors with over two decades’ experience of dealing with divorce proceedings and other family disputes. Their team of family law solicitors will handle your case in a sympathetic yet positive manner, ensuring that your case runs as smoothly as possible, with minimum distress and disruption to the lives of you and your family.

Find out more information about Gregory Abrams Davidson, and how to get in touch, by visiting the GAD website at http://www.gadllp.co.uk/, and one of their specialist family law solicitors will be able to advise you on how to proceed with your case.

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Jury Finds that Escort, Inc. and Beltronics USA, Inc. Infringe Two GPS Radar Detector Patents

On July 3, 2012, a jury found that Escort, Inc. (www.escortradar.com) and Beltronics USA, Inc. (www.beltronics.com) infringed numerous claims in U.S. Patent Nos. RE39,038 and RE40,653. In particular, the jury held that Escort’s Passport 9500i, Passport 9500ix, and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, directly infringe claims 3, 5, 6, 7, 25, 26, 27, and 28 of U.S. Patent No. RE39,038 (“the ‘038 patent”) and claims 22, 31, 32, 33, 38, and 41 of U.S. Patent No. RE40,653 (“the ‘653 patent”). The jury also found that Escort and Beltronics contributed to the infringement of claims 3, 5, 6, 7, 25, and 28 in the ‘038 patent and claims 22, 24, 31, 32, and 33 in the ‘653 patent. The jury further found that Escort’s Passport 9500ix and Passport iQ radar detectors, together with Beltronics USA’s GX65 radar detectors, infringe claim 24 of the ‘653 patent.

The ‘038 and the ‘653 patents are owned by Hoyt Fleming, an Idaho inventor of 37 U.S. Patents. On March 10, 2009, Mr. Fleming filed a complaint (Case Number 1:09-cv-00105-BLW, United States District Court District of Idaho) alleging that Escort and Beltronics USA infringed the ‘038 and the ‘653 patents. Escort alleged that certain claims of the Fleming patents were invalid because Steven Orr, while working for Cincinnati Microwave, Inc. in 1996, made Fleming’s invention earlier in time than Fleming. On July 3, 2012, after a trial spanning more than two-weeks that included live testimony from Steven Orr, John Kuhn (Escort’s Vice President of Engineering), and John Larson (Escort’s President), the jury refused to invalidate the above claims of the Fleming patents based upon Steven Orr’s alleged prior work.

“I am very happy with the jury’s verdict because the jury held that Escort and Beltronics are infringing two of my patents. I am looking forward to a future trial in which another jury will also find that Escort and Beltronics and many of their retailers, including Best Buy and Amazon.com, are willfully infringing a third of my radar detector patents, U.S. Patent No. RE41,905,” said Mr. Fleming. Mr. Fleming is represented by Mr. Michael S. Dowler ofPark, Vaughan, Fleming, and Dowler LLP in Houston, Texas. Escort and Beltronics USA are represented by Gregory F. Ahrens and Brett A. Schatz and of Wood Herron & Evans in Cincinnati, OH together with Steven B. Andersen of Holland and Hart in Boise, ID.

Via EPR Network
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Desert Knolls Convalescent Hospital Reported For “Infection Control Issues” and “Safety Hazards” Following Operation Guardian Surprise Inspection

In March of 2011, members of the Operation Guardians program visited the Desert Knolls Convalescent Hospital in Victorville, California to perform a surprise inspection. The inspectors noted a number of potential health code violations and conditions that may contribute to health and medical treatment complications.

Operation Guardian was launched by the State Department of Justice in the year 2000. Investigation participants perform on-site inspections of nursing home facilities without giving prior notification of their arrival. It was not until recently that these reports had been made available to the public.

Among the numerous unfavorable reports, investigators noted instances of potential maltreatment in which the Desert Knolls “facility’s inaccurate documentation of resident’s wounds may be preventing the resident from receiving the correct wound care treatment.”There were also reports of residents being unable to easily summon assistance, due to their positioning away from staff call buttons.

Additional observation found that Desert Knolls Convalescent Hospital’s Resident Abuse Investigation Policy and Procedures was not in compliance with California State law.

Estimates provided by the American Psychological Association (APA) have found that 2.1 million senior Americans fall victim to psychological, physical, or other forms of neglect and abuse. The APA also reports that elders who have been abused tend to die earlier than those who are not abused.

John Bisnar, California elder abuse attorney, has assisted a number of victims and distributes resources to help raise awareness for seniors who suffer maltreatment. “There are several nursing homes throughout the state of California that fail to provide their guests with adequate care, but rarely do they receive the press that is required to increase efforts to prevent them.”

“Hopefully, Operation Guardian’s reports will create enough awareness to spur our politicians into creating safer environments for our loved ones. Our parents and grandparents deserve to live out the remainder of their lives with more respect than many of these facilities provide.”Says Mr. Bisnar.

Victims of elder abuse are encouraged to contact their local law enforcement officials immediately following instances of maltreatment.

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Access Legal From Shoosmiths Announces Uplift On All Compensation Awards Next Year

Access Legal from Shoosmiths has announced that a decision handed down at the Court of Appeal recently means that people awarded damages in court for all personal injury claims will get 10% more compensation from next year.

A case handled by Shoosmiths’ private client arm Access Legal (Simmons vs Castle) was successfully taken to the Court of Appeal in February of this year and has been used by the Court of Appeal judges to set guidelines on the level of general damages at 10% higher than at the present time.

Access Legal’s client, Christopher Simmons, was riding his motorbike when the defendant carried out a U turn immediately in front of him, causing Mr Simmons to collide with the vehicle. He was knocked off his bike and thrown across the bonnet, suffering a traumatic rupture of the spleen and soft tissue injury to his knee. The personal injury solicitorssuccessfully won compensation amounting to more than £24,000.00 and if Mr Simmons should develop a long term disabling illness related to his injuries which causes significant ongoing loss of earnings, he can go back to the court for further compensation.

The proposed increase in damages is intended to ensure the reforms set out in the Legal Aid, Sentencing, and Punishment of Offenders Act 2012 is a package to compensate for the loss of conditional fee agreements and after the event insurance when the rules come into force in April 2013. These new rules are based on the recommendations of a 2009 report produced by Sir Rupert Jackson (who sits in the Court of Appeal as Lord Justice Jackson) which proposed abolishing the no-win-no-fee Conditional Fee Agreement (CFA) system where the claimant’s lawyers recover a ‘success fee’ to compensate for those cases that are not successful and where they cannot recover their costs.

Instead, from next year, the Act means that it’s the winning claimants who will have to pay the success fee (capped at 25%of the damages they are awarded). They will also no longer be able to recover premiums paid for After the Event insurance (taken out to cover having to pay the other side’s costs in the event they lose) from the defendant. This can be seen as a positive step against the background of the new rules which penalise deserving and genuine claimants on costs. At least the 10% uplift partially ameliorates the significant negative impact of the abolition of the claimant’s right to justice; however, claimants will still lose out.

Access Legal partner Rose Donoghue commented: “Although the 10% uplift on personal injury claims is a step in the right direction, we must not lose sight that the new rules may, because of the financial risks, deter those the individuals who have suffered serious injuries, from pursuing genuine claims.”

The package of measures introduced by the government to reform civil litigation costs emphasises why it’s now even more crucial that any solicitors appointed to represent a client in any personal injury claim is experienced, qualified and professional. No matter how credible and convincing the case may be, those involved are now exposed to a greater element of financial risk, so a solicitor who can give an accurate and realistic assessment of the chance of success based entirely on the merits of the case to ensure that any the damages due are retained is more important than ever.

Via EPR Network
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Atlanta Newspaper Names Kitchens New Cleghorn “2012 Best Law Firm”

Kitchens New Cleghorn, LLC, a firm with a proud history representing diverse family law in Georgia, has been named 2012 Best Law Firm by the GA Voice, an Atlanta-based publication serving thousands of gays and lesbians statewide.

The honor follows two months of reader voting, which deemed KNC the best Atlanta gay lawyers at providing sensitive, effective and inclusive legal representation to the LGBT community.

It is the first year the firm has won the title, beating out two other city firms for the top spot.

“We are honored to be recognized by the Georgia Voice for our law firm’s advocacy on behalf of all families,” said KNC partner Jeff Cleghorn.

Best Atlanta Gay Lawyers Title Part of Annual Series

The honor was part of the publication’s “Best of Atlanta” series. That series lets readers vote for their favorite Atlanta businesses serving the LGBT community with respect and pride.

“With a team of law professionals that is almost unsurpassed, Kitchens New Cleghorn is your top choice. Joyce Kitchens, Randy New and Jeff Cleghorn fight for their clients and causes, including LGBT equality,” the newspaper wrote in its July 5 edition, which announced winners in categories like entertainment and services.

Honor Highlights Atlanta Gay Lawyers’ Commitment to Inclusion

The local recognition underscores the firm’s commitment to promoting tolerance and educating gays and lesbians on their rights in accordance with family law in Georgia. Besides helping many gay and lesbian couples expand their families through adoption, the firm hosted a gay marriage forum in June and an event last fall outlining powers of attorney, second parent adoption and many other legal protections existing for Georgia same-sex couples.

In addition, on Aug. 16, these tireless Atlanta gay lawyers will host an event aimed at cutting suicide rates among gay and lesbian youths.

“Protecting the legal rights of LGBT people and families is a priority of our law firm,” Cleghorn said. “Georgia’s laws are not always hospitable to its LGBT citizens, so it is a privilege to advocate for them.”

Via EPR Network
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