All posts by EPR Law News

Digi Communications NV: legal acts in accordance with law 24/2017 (Article 82) and FSA Regulation no. 5/2018 for September 2018 made publicly available on the Romanian Stock Exchange (“BVB”)

BUCHAREST, Romania, 15-Oct-2018 — /EPR LAW NEWS/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on October 15, 2018 the Company submitted a current report according to the requirements of Law 24/2017 (Article 82) and FSA Regulation no. 5/2018 for September 2018 to the Romanian Stock Exchange (“BVB”). The Report is also available on the Company’s website.

For details regarding the reports, please access the official website designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

Phil Wakefield of Snohomish Law Group Published in Quick Throttle Magazine

Everett, WA, 2018-Aug-07 — /EPR LAW NEWS/ — Phil Wakefield preeminent motorcycle accident lawyer in everett, wa is a contributor to Quick Throttle magazine, a magazine that focuses on all aspects of the motorcycle riding community. Established in 2001, Quick Throttle magazine now distributes nearly 150,000 copies per month, and Mr. Wakefield is proud to have shared his love of motorcycles and knowledge of motorcycle law for riders throughout the Northwest within several of these editions. If you’re interested in reading some of Mr. Wakefield’s work in Quick Throttle, check out the links below.

QUICK THROTTLE MAGAZINE WITH CONTRIBUTIONS FROM PHIL WAKEFIELD August 2018, November 2010, August 2012, April 2016

Snohomish Law Group
3120 Broadway, Everett, WA 98201
Ph:425-444-4444
http: www.snohomishlawgroup.com

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Digi Communications N.V. announces the publishing of Report of legal acts concluded by DIGI Communications N.V. in accordance with Romanian Law no. 24/2017 and FSA Regulation no. 5/2018

BUCHAREST, Romania, 26-Jul-2018 — /EPR Law News/ — Digi Communications N.V. (“Digi” or the “Company”) announces that on July 26, 2018 the Company submitted the Independent Limited Assurance Report on the information included in the current reports issued by the Company in accordance with requirements of Law 24/2017 (Article 82) and FSA Regulation no. 5/2018 for H1 2018to the Romanian Stock Exchange (“BVB”). The Report is also available on the Company’s website.

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

RCS & RDS S.A. entered into a settlement agreement with Antena TV Group S.A. and Antena 3 S.A.

BUCHAREST, Romania, 18-Jun-2018 — /EPR Law News/ — The Company would like to inform its shareholders and the market that RCS & RDS S.A., the Romanian subsidiary of the Company (“RCS&RDS”), entered on 15 June 2018 into a settlement agreement with Antena TV Group S.A.and Antena 3 S.A. (“Antena Group”).

This settlement ends all lawsuits between RCS&RDS and Antena Group and related entities, which we have previously disclosed in detail to the market and to our investors in the initial public offering prospectus dated 26 April 2017, in the bond public offering memoranda from 2016 and 2017, as well as in the subsequent periodic public reports.

Also, RCS&RDS and Antena Group entities have also concluded a carriage agreement based on which RCS&RDS will continue to retransmit the Antena Group channels as pay-tv stations as soon as the Antena Group channels will exit the must-carry regime.

For details regarding the reports, please access the official websites designated of Digi: www.digi-communications.ro (Investor Relations Section).

SOURCE: EuropaWire

What Is A Bail Bond Agent

Columbus, Ohio, 2018-Apr-04 — /EPR LAW NEWS/ — When a person is arrested for a crime, one of two things will happen: either they are held until their court date, or they may be released on bail. The bail amount is determined by the judge as the amount that needs to be paid to have them released. When the defendant doesn’t have enough money (either in personal savings or from generous friends/family), a bail bond agent can be hired to post bond so they don’t have to sit in jail.

A bail bond agent charges a 10% fee in the state of Ohio, which can easily be set up as a payment plan. Paying the full amount to the court isn’t your only option, hiring a bond agent will get you out of the slammer for a lot less money. We help with the following bail services:

DUI/OVI
Drug Possession
Traffic
Violent Crimes
Domestic Violence
Property Crimes
Bench Warrants
Weapons and Firearms
Theft Crimes
Sex Crimes

Only in America
While it seems like a bail bond would be a relatively new concept, it has been around since 1898 and is exclusive to the United States. The United States Constitution even includes writing that affects the bail bonds industry, including the Eighth Amendment (which contains the Excessive Bail Clause). Bond pricing ranges from 10% to 15%, depending on where you are in the U.S.

No Collateral? No Problem.
Unless the alleged crime is very serious or the price of the bond is very high, collateral is not needed. Getting back to family, career and everyday life and not sitting in a cramped and unpleasant cell shouldn’t require signing your most valued possessions away. Simply paying the 10% fee will ensure that life can carry on as normal.

Serving the Community
For over 26 years, we have been family owned-and-operated and serving the great state of Ohio. From our humble beginnings in Springfield, Ohio, we have expanded to ColumbusCincinnati and Dayton while never forgetting our roots and our commitment to serve and assist those in the community. When you’re in need, keep it local.

Here When You Need Us
We know that you can find yourself in need of us at any time of the day, so we offer 24/7 services to get you back on your feet fast. Whether it is your friends or family or you contact us by phone, we will be there when the time comes. Once your bail is posted, the level of capacity of the prison will determine how soon you will be released.

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Judge in Ramsey County, Minnesota dismisses suits alleging 3M warming device caused infections

Minneapolis, MN, 2018-Jan-11 — /EPR LAW NEWS/ — 3M won a major victory this week in the ongoing legal battle that has seen numerous lawsuits already dismissed based on lack of evidence that the company’s forced air warming system, the Bair Hugger, (https://en.wikipedia.org/wiki/Bair_Hugger) causes post surgical infections.

On Monday, Ramsey County District Judge William H. Leary III issued a ruling that dismissed dozens of lawsuits filed by Minnesota residents against 3M. Judge Leary based his ruling on the fact that he believed the plaintiffs had presented no evidence showing that the Bair Hugger causes surgical site infections post surgery.

Judge Ramsey wrote of the ruling, “There is no generally accepted scientific evidence — and plaintiffs offer none — that the risk of infection associated with FAWs [forced-air warming systems] is greater than that associated with patients who are not warmed during surgery.”

The object of the lawsuits, the Bair Hugger, is a forced air warming system that has been used in hospitals all over the nation. The lawsuits claim that there is a design flaw in the Bair Hugger (http://www.truthaboutbairhugger.com/) that allows the system to harbor harmful bacteria and spread it to the surgical site thus causing an infection but no evidence has been presented to prove that link.

The FDA supports the use of the Bair Hugger and says that using the system before and after surgery can result in less bleeding, faster recovery time and lower the risk of infection. According to 3M, the Bair Hugger has been used successfully in over 200 million surgeries since its inception.

A spokesperson for 3M said that the ruling, “affirms our position that there is no generally accepted science that the 3M Bair Hugger system causes infections.”

Contact-Details: Sarah Jones, service@emeraldcityjournal.com, www.emeraldcityjournal.com

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FOURTEEN ADDITIONAL COMPANIES ENTER INTO PATENT LICENSE AGREEMENTS WITH CHRIMAR

Longview, Texas, 2017-Oct-05 — /EPR LAW NEWS/ — Chrimar Holding Company, LLC today announced that fourteen (14) more technology companies and/or certain divisions within these companies have entered into non-exclusive licenses for certain equipment under certain Chrimar patents including certain Power over Ethernet (PoE) equipment designed for deployment within a BaseT Ethernet network.

”We are very pleased to see that the trend of taking licenses for this critical technology is  again continuing to increase, with the number of licensees totaling forty (40)” said John F. Austermann III, President & CEO of Chrimar.

ABOUT CHRIMAR
Chrimar was the first company to employ DC current within a BaseT network in the early 1990s and has received a number of US patents for this very important technology. Chrimar continues to market its EtherLock™ family of products for asset control, management and security. The Chrimar portfolio includes US patents numbers 7,457,250, 8,155,012, 8,902,760, 8,942,107, 9,019,838 and 9,049,019.

Chrimar Contacts:

Amanda N. Henley, 903-500-2021
John F. Austermann III, 248-478-4400
Steve W. Dawson, Sales and Marketing 248-478-4400

911 NW Loop 281, Suite 211-30, Longview, Texas 75604
Phone: 903-500-2021
Email: Amanda@chrimarholding.com

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SIXTEEN NEW COMPANIES ENTER INTO PATENT LICENSE AGREEMENTS WITH CHRIMAR

Longview Texas, 2016-Jun-07 — /EPR LAW NEWS/ — Chrimar Holding Company, LLC today announced that sixteen (16) technology companies and/or certain divisions within these companies have entered into non-exclusive licenses for certain equipment under certain Chrimar patents including certain Power over Ethernet (PoE) equipment designed for deployment within a BaseT Ethernet network, ten (10) of the new licensees include:

– Allied Telesis, Inc.
– Black Box Corporation
– Buffalo Inc.
– Edimax Technology Co. Limited
– Keyscan Inc.
– Korenix USA Corporation
– Moxa Inc. & Moxa Americas Inc.
– Phihong USA Corporation
– Transition Networks Inc.
– Tycon Systems Inc.

”We are very pleased to see that the trend of taking licenses for this critical technology is continuing to increase, with the number of licensees totaling twenty-five (25)” said John F. Austermann III, President & CEO of Chrimar.

ABOUT CHRIMAR
Chrimar was the first company to employ DC current within a BaseT network in the early 1990s and has received a number of US patents for this very important technology. Chrimar continues to market its EtherLock™ family of products for asset control, management and security. The Chrimar portfolio includes US patents numbers 7,457,250, 8,155,012, 8,902,760, 8,942,107, 9,019,838 and 9,049,019.

Chrimar Contacts:

Amanda N. Barnes, 903-500-2021
John F. Austermann III, 248-478-4400

Steve Dawson, CHC, 911 NW Loop 281, Suite 211-30, Longview, TX 75604, 248-770-5780

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FOUR MORE COMPANIES ENTER INTO PATENT LICENSE AGREEMENTS WITH CHRIMAR

Longview, Texas, February 10, 2016 — /EPR NETWORK/ — Chrimar Holding Company, LLC today announced that four (4) more technology companies and/or certain divisions within these companies have entered into non‐exclusive licenses for certain equipment under certain Chrimar patents including certain Power over Ethernet (PoE) equipment designed for deployment within a BaseT Ethernet network.

‐ Aastra USA, Inc. (now a Mitel company acquired by Mitel Networks Corp.)
‐ Samsung Electronics Co. Ltd.
‐ Grandstream Networks Inc.
‐ Microsemi Corporation (formerly PowerDsine – licensee of equipment including Midspans, but not integrated circuits)

“We are very pleased that these companies have joined many others in taking licenses to cover certain equipment sales” said John F. Austermann III, President & CEO of Chrimar.

ABOUT CHRIMAR
Chrimar was the first company to employ DC current within a BaseT network in the early 1990s and has received a number of US patents for this very important technology. Chrimar continues to market its EtherLock™ family of products for asset control, management and security. The Chrimar portfolio includes US patents numbers 7,457,250, 8,155,012, 8,902,760, 8,942,107, 9,019,838 and 9,049,019.

Chrimar Contacts:
Amanda N. Barnes, 903‐500‐2021
John F. Austermann III, 248‐478‐4400
Contact-Details: John F. Austermann III, 248‐478‐4400
911 NW Loop 281, Suite 211-30, Longview, Texas 75604
Phone: 903-500-2021

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Superior Notary Services Testimonials Verified by Proven Credible

St. Paul, Texas, July 07, 2015 — /EPR LAW NEWS/ — Superior Notary Services, one of the largest and best known notary service firm in the U.S., announced today that their customer testimonials have been approved by Proven Credible, a noted third-party verification service. Superior now joins the ranks of the many other firms that have used the Proven Credible system to verify that the testimonials posted by their clients are genuine.

“Having our client testimonials verified by a third-party service such as Proven Credible is a tremendous asset to our firm,” said Clay Mason, president and CEO of Superior Notary Services. “Proven Credible was the ideal way for our firm to present real, substantiated customer feedback to our clients because anyone can post glowing reviews on their website, but how many of them are credible?” Mason then added, “Our clients count on the convenience, efficiency and effectiveness of our services and the professionalism of our agents and support staff. With Proven Credible verifying our client testimonials, they can be sure that the service we promise is the service we deliver every day.”

Proven Credible is an independent, third-party verification service that reviews and researches all of the testimonials submitted by a business before giving them the Proven Credible stamp of approval – their “Verified” check mark. “The thing that we really like about Proven Credible versus other, similar services is that all reviews submitted to them are checked by real people, human beings who make sure that the source and comments about every company are 100% true,” said Mason.

Superior Notary Services has been in operation since 2000, at which time the firm launched one the first mobile notary signing services in the U.S. Since then the company has expanded to meet the growing demand for their convenient, professional services. The company recently moved to their new headquarters in St. Paul, Texas and has created and nationwide network of traveling notary signing agents. Their system, which is based on providing essential notary services that are convenient for everyone from individuals to professional clients, completely changed the landscape of the notary service industry.

Superior is now one of the industry leaders in mobile notary services, filling an important need in the business by eliminating the aggravation that is often involved in finding and scheduling a notary. Superior Notary gives their clients what they want, where they want it, and when they want it. And now, with the approval of their client testimonials by Proven Credible, anyone using Superior Notary Services will know that they can count on the same level of professionalism and quality of service that is noted throughout their impressive company reviews.

About Superior Notary Services: Superior Notary Services, the St. Paul, Texas notary public firm, was established in 2000 as one of the first “mobile notary service” in the industry. Superior Notary Services offers corporate notary services that travel to the client’s location at a time of their choosing. In doing so, Superior set the industry standard for convenience and efficiency. The traveling notary signing services provided by Superior Notary include, real estate mortgage closing documents, attorneys and interrogators statements, and structured settlement agreements.

For more information about Superior Notary Services visit their website or call 1-877-507-4600.

Contact-Details: Clay Mason – President & CEO

Superior Notary Services
3990 Lakeway Drive
Suite 109
St. Paul, Texas 75098
info@superiornotaryservices.com
1-877-507-4600
http://www.superiornotaryservices.com

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VIVIER MORTGAGES LIMITED “VML” AND LUIGI WEWEGE MEDIA STATEMENT

DUBLIN, IRELAND, February 24, 2015 — /EPR LAW NEWS/ — Over the past few months VML was contacted by Mr Conor Ryan and other reporters working on a programme for RTE, the Irish broadcaster.

It soon became clear that a number of untrue and defamatory allegations – about VML and persons formerly or currently connected with it – would be made in the programme and had already been made to third parties. After VML clearly outlined the correct position to RTE, its lawyers confirmed that the programme and/or its reporting would be “fair and balanced”, “fair, impartial and objective”, “fair to all interests concerned”, “fair and accurate”, “broadcast in good faith” and contain “nothing misleading, unsavoury or malicious” nor any “distortions or untruths”. VML was further assured by RTE’s lawyers that it “adheres to high standards of journalistic ethics” and follows “proper journalistic standards”.

Unfortunately, this did not happen: despite withdrawing many of the untrue and defamatory allegations, when broadcasting its programme on 5th February, RTE retained a number of others.

Accordingly, on 13th February 2015, following the advice of Senior and Junior Counsel, VML issued proceedings against RTE and Mr Ryan. The proceedings are for defamation, procuring a breach of confidence, malicious falsehood and other wrongs, for which aggravated and exemplary damages are sought. It is expected that other parties will issue similar proceedings in the English High Court.

The true position, as previously stated to but ignored by RTE, is as follows:
• In 2004, VML effectively came under the control of the British Government.
• In 2011, VML was sold by the British Government to an English private company.
• In 2014, VML was sold by that English company to its present owner.
• The beneficial owners of VML’s shares and debt are those appearing on the public register.
• VML’s current owner and directors are entirely distinct from the previous owners and directors.

Vivier Mortgages
Vivier Mortgages is a Dublin, Ireland based home loan company that has specialised in secured property lending, principally for domestic mortgages and building projects, for nearly twenty years. The company, having recently become part of Vivier Group, is currently looking for new opportunities in Ireland, in the areas of property acquisition, redevelopment and regeneration.

Vivier Group
Vivier Group is the global umbrella organisation of the Auckland based Vivier & Co and Vivier Investments, the London based Vivier Developments & Vivier Home Loans, and the Dublin based Vivier Mortgages.

Luigi Wewege
Luigi Wewege is the founder of Vivier Group and the Managing Director of Vivier Mortgages (a Dublin, Ireland based home loan company), as well as CEO of its Auckland based financial services arm, Vivier & Co, a boutique Financial Service Provider in New Zealand, offering no-cost, above average returns for investors.

Media Contact

Company Name: Vivier Mortgages
Contact Person: Media Relations Manager
Email: press@viviergroup.com
Phone: +353 1 697 1353
Country: Ireland
Website: http://www.viviermortgages.com

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Experienced Personal Injury Litigator Paul Jacobs Joins West Palm Beach Law Firm Lesser, Lesser, Landy & Smith, PLLC

West Palm Beach, FL, October 06, 2014 — Lesser, Lesser, Landy & Smith, PLLC (LLL&S) announces that personal injury litigator Paul Jacobs has joined the Firm. Jacobs will be based in the Firm’s Boca Raton office, focusing on growing its practice of Plaintiff personal injury in the areas of automobile injury, motorcycle and ATV injury, wrongful/accidental deaths, and insurance bad faith. Admitted to the Florida Bar in 1985, Jacobs is a member of both the Florida Bar and South Palm Beach County Bar Association.

According to LLL&S Managing Partner Gary Lesser, the Firm recruited Jacobs because of his successful 30-year successful track record in litigating personal injury cases, including over 20 years practicing law and being involved in the Boca Raton community. He joins LLL&S from Jacobs & Straus, P.A., a law firm he founded in Boca Raton in 1991 with his wife, Geri Sue Straus who he met while he and she were earning their Juris Doctorates at the University of Miami School of Law. Following a courageous battle she valiantly waged against cancer for several years, “Susie” passed away in 2013, and Jacobs began exploring both business and personal transitions.

“We pursued Paul because of his legal expertise, skills, and strategies,” said Lesser. “With Paul now as an integral part of our legal team, we look forward to growing our business, relationships and client service in South Palm Beach County.” He added that Jacobs will continue the Firm’s strong support for the Boca Raton Chamber of Commerce, the Adolf & Rose Levis Jewish Community Center and Jewish Federation of South Palm Beach County.

Prior to founding Jacobs & Straus, P.A., Jacobs was a partner in the law firm Aronovitz & Jacobs, P.A., where he expanded the firm’s personal injury practice. After receiving his Juris Doctorate in 1985 from the University of Miami Law School and admittance to the Florida Bar, Paul began his law career as an associate attorney handling Plaintiff’s personal injury and medical malpractice cases. While in law school, Paul served as both a law clerk and bailiff in the 11th Judicial Circuit of Miami-Dade County for Judge Francis X. Knuck.

“When you lose a dynamic partner in life and business, it is a quite a daunting step to transition out from a family-owned practice, but the opportunity to join Lesser, Lesser, Landy & Smith is a welcomed, natural fit,” noted Jacobs. “We share the same core values and ethics, respect and love for the legal profession, and an unwavering commitment to advocacy and client service for those who are to be protected by the law.”

Paul was born and raised in New York, and he graduated from Ramapo High School in Spring Valley and attended State University of New York at Binghamton, where he majored in Political Science and graduated in 1977. As a long time Boca Raton resident and father of two children, Kirby and Sam, Paul spent many years active in coaching Boca youth league sports. He has served as the President of the Boca Tierra Homeowners Association since 1991, and he and his family are longtime members of Temple Beth El in Boca Raton.

Lesser, Lesser, Landy & Smith, PLLC, the third oldest law firm in Palm Beach County, was established in 1927 by Joseph H. Lesser in West Palm Beach, and has been serving clients throughout Florida for over 85 years, focusing on serious personal injury and wrongful death cases. LLL&S (www.lesserlawfirm.com) enjoys a reputation in the community for superior legal skills, hard work, client service and high ethical standards. All Firm partners are /126″AV/126″ rated by Martindale-Hubbell, the highest rating in ethics and legal ability. LLL&S is active in the community, and has donated significant time and financial support to numerous charities. The Firm has obtained substantial settlements and verdicts over the years and is well known to insurance companies and insurance defense lawyers as skillful advocates. This experience and reputation allows the Firm to obtain the best possible results for its clients.

For more information on Paul Jacobs and LLL&S with offices in West Palm Beach, Boca Raton and Stuart, call Meghan Fielder at (561) 367-7799 or visit www.lesserlawfirm.com.

Contact-Details: Bonnie Kayr

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Dietary Supplement Firm Kaeng Raeng Inc Sues Former Contract Manufacturer For Alleged Idea Theft And Unfair Business Practices

Kaeng Raeng Inc., which develops and sells dietary supplements, filed suit against the firm that manufactured its private-label products for allegedly stealing its confidential and proprietary information to create and distribute a competing product that’s “substantially similar.”

The suit accuses San Jose-based contract manufacturer Multivitamin Direct, Inc. and its employees — President Paul Huang, Vice President/Business Development Viola Lee and Vice President/Product Development Alisia Cheuk — of breaches of contract, confidentiality and loyalty, intentional and negligent interference with prospective economic advantage, fraud and deceit, and unfair competition.

The suit also says defendants actively misled Kaeng Raeng about their relationship with the brand Raw Green Organics, which allegedly was created by Multivitamin Direct to sell competing products based on Kaeng Raeng’s confidential and proprietary information.

“There’s a presumed level of trust between brands and contract manufacturers,” said Kaeng Raeng’s Founder, President and CEO Lindsay Reinsmith. “Without this trust, conflicts of interest arise and business relationships are undermined.”

The suit, filed late Friday in Santa Clara County Superior Court, seeks “disgorgement of all revenues, earnings, profits, compensation and benefits” received by Multivitamin Direct, Huang, Lee and Cheuk because of their “wrongful business practices.”

It also asks the court to grant an injunction against Multivitamin Direct, Huang, Lee and Cheuk, prohibiting them from disclosing and using Kaeng Raeng’s confidential information, saying that otherwise Kaeng Raeng “will suffer further immediate and irreparable injury, loss and damage.”

The suit says Multivitamin Direct was established in 1987 and is a leading USDA-certified organic contract manufacturer in Northern California. Kaeng Raeng was founded by Reinsmith in 2009 as a small business in Palo Alto. Later that year, Multivitamin Direct signed a non-disclosure agreement and was engaged to produce Kaeng Raeng’s private-label dietary supplements.

In May 2011, the suit says, Kaeng Raeng shared details with Multivitamin Direct, Huang and Lee about a new greens-based detox cleanse product, and Huang and Lee shared the information with Cheuk. Details included ingredients, formulas, packaging, branding, marketing, advertising, pricing, sales, distribution, retailers, customers, vendors, product suppliers and industry trends.

Soon thereafter, the suit says, Multivitamin Direct’s production of Kaeng Raeng’s products “started to run consistently behind schedule” and Kaeng Raeng “became strained financially” waiting for inventory. Its final delivery, scheduled for September 2012, wasn’t delivered until February 2013, it says.

The suit says Raw Green Organics began gearing up to offer a “substantially similar” product in June 2011 — only one month after Kaeng Raeng revealed details of its new detox cleanse to Multivitamin Direct, adding that Raw Green Organics also adopted similar packaging, advertising, marketing and other matters.

When Reinsmith asked the defendants about the Raw Green Organics, they repeatedly told her it was simply a “client” they were “helping get started” and that none of Kaeng Raeng’s confidential information had been disclosed, the suit says.

At the same time, it says, Multivitamin Direct told Kaeng Raeng to find another manufacturer, forcing Kaeng Raeng to incur “lengthy and costly search efforts” and resulting “in the unnecessary disposal of valuable raw materials.”

Not until March 2014, did Kaeng Raeng discover evidence that Raw Green Organics is owned by Multivitamin Direct and managed by Huang, Lee and Cheuk, the suit says.

About Kaeng Raeng
Kaeng Raeng Inc, based in Sunnyvale, CA, develops and sells natural dietary supplements. Kaeng Raeng was founded in July 2009 by President and CEO Lindsay Reinsmith and still is a privately-owned, small corporation.

Contact Details: Roger Gillott
Gillott Communications
323-497-7868
roger@gillottcommunications.com

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No duty to avoid tax. No kidding. Lebowitz Edelman advises that directors will lead the way

Recently, the Tax Justice Network sent a letter to every CEO in Hong Kong to tell them about a legal opinion they obtained from a firm of solicitors. The opinion deals with whether directors have a positive duty to shareholders to avoid tax. It concludes that they do not.

This is in fact uncontroversial, but it is only part of the story.

A key duty of a director is to promote the success of the company for the benefit of its members as a whole. When deciding what best promotes the success of their company, the directors must take into account all relevant factors and assess their relative merits.

Relevant factors for the directors to consider include how to increase the company’s post-tax profits. One way this can be done is by reducing the company’s tax bill, so that is likely to be a relevant consideration. There will also be other factors to consider, such as the company’s business relationships, maintaining a reputation for high standards of business conduct, and the impact of the company’s actions upon the community. Any of these may counterbalance the desire to minimize tax liabilities.

Some tax planning will be likely to promote the success of the company. Some may go too far and be outweighed by other considerations. And it is up to the directors of a company to decide where to draw the line in relation to the company’s specific circumstances.

So long as directors give all relevant factors proper consideration when making decisions about tax planning, and provided they can justify the decisions that they make, they should not incur liability for breach of their duties.

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Lebowitz Edelman has advised the trustees of Leading Hotel Group’s pension scheme on its purchase of a bulk annuity policy with Leading Life Insurance Company

The HKD 440m bulk annuity policy insures the defined benefit benefits of the pension scheme.

Lebowitz Edelman pensions partner Dana Cheng said “Lebowitz Edelman worked closely with the pension scheme trustees to strike a deal which provides security for members of the pension scheme while also removing a volatile liability from its balance sheet, and was completed in exceptionally short timetable”.

Sam T. Lai, Chairman of the Trustee of the Hotel Group Pension Plan, said: “The Trustee’s first priority has been to ensure the future security of members’ benefits. The Plan’s strong funding, following additional financial support from its corporate sponsor, prompted consideration of a buy-in/ buy-out of the Plan’s liabilities. Following a comprehensive review of insurance providers, the Trustee chose the Life Insurance Company on a combination of product structure, value-for-money, price certainty and the long-term security it brings as a low risk regulated insurer. All parties worked professionally and collaboratively to agree the final price and terms over a short time, resulting in a great outcome for the members of the Plan.”

This buy-out is part of a continuing trend of pension schemes and their employers going to the insurance market to secure scheme liabilities. Lebowitz Edelman has worked on a number of high profile buy-ins and buy-outs including the buy-out of the Retirement Benefit Scheme and the purchase of a bulk purchase annuity for the Fund to insure pensioner liabilities.

The Lebowitz Edelman team was lead by pension partner Dana Cheng with support from senior associate Jane Chiao, consultant Derek Sloan and associates Joan Gim Gong.

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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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