Quadriplegic Man Awarded $10 Million in Bad Faith Case

In January 2002, Atlantic Mutual had a chance to settle a quadriplegic personal injury case for $1 million but chose to “roll the dice.” The jury awarded a $16 million verdict and the injured party sued for bad faith. Today, a LA jury found that Atlantic committed bad faith.

A Los Angeles jury today awarded a quadriplegic man $10 million in a bad faith case against Atlantic Mutual Insurance Company. The jury found that Atlantic Mutual acted despicably and with malice and oppression in wrongfully refusing to settle his personal injury case in 2002. Lawyers return tomorrow to deliver closing arguments in the second phase of the trial to determine whether plaintiff is entitled to $5 million in attorneys’ fees.

More on www.smithchapman.com

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Schillings to discuss privacy and reputation management issues at Legal Weeks Private Client Forum

Schillings, one of Britain’s top law firms dedicated to safeguarding the privacy and reputations of international corporates, brands, celebrities and high-profile business people, will be represented by senior partner Keith Schilling at Legal Week’s Private Client Forum. The main theme will be “Assessing Risk in a Volatile World”, which will be looking at changes the international wealth market has faced in 2008 and the new risks brought about in an ever increasingly volatile market.

Keith Schilling, senior partner at Schillings, will participate in a panel discussion on the topics of privacy, reputation management and human rights and will discuss, along with fellow panelists, how the world’s high-net worth individuals are in a constant battle with the media to protect their own privacy and reputations.

The conference will examine the major issues that have arisen following the advent of the credit crunch and the economic strain currently being suffered on a global scale. Increased pressure from regulatory authorities in Europe and the US government also spell uncertain times for the world’s financial safe havens.

These developments and more will provide the basis for a three day programme for the world’s leading private client lawyers.

The first day of the conference will offer a view of the impact of the credit crunch and how the shift of wealth globally has brought about new risks in wealth management.

The second day will feature a Q & A style debate on the future of international financial centers and a discussion assessing the effects of new US exit tax laws which will form a wider discussion on the reach of exit, gift and inheritance taxes globally.

The third day will see Keith Schilling, recently voted one of the 1000 most influential people in London, join a European panel discussion on privacy and reputations. His fellow panelists include Basile Ader from the French law firm Ader, Amigues et Jolibois; Professor Dr. Matthias Prinz from the German law firm Prinz Neidhardt Engelschall and Jennifer McDermott from Withers in the UK. The panel will outline the differences in privacy laws across a number of jurisdictions and the steps to take to avoid unwanted media attention and what to do if it arises.

Keith Schilling said about the conference, “At this time of volatile market conditions, the threat of a global recession and fears about the security of individuals’ wealth, the media are increasingly focusing on the private wealth of high-profile people. We are seeing a trend in the media towards ‘money being the new celebrity’ and we are working with our high-net worth clients to advise them how to protect their reputations and manage their own and their families private lives. This conference is on at a time of unprecedented financial turmoil and proves just how important an issue it is.”

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

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

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

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

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Schillings Image Rights Specialist Simon Smith Is Set To Release A New Book – The 2nd Edition Of Image, Persona And The Law

Schillings partner Simon Smith is set to release the latest edition of “Image, Persona and the Law” this winter, with the book providing a comprehensive analysis of the current state of the law in England and Wales regarding the protection of name, image and other aspects of persona.

The second edition of the book will also go into detail on both the specific context of commercial exploitation without the individual’s consent and in the separate context of invasion of privacy. The book also presents a detailed analysis of the numerous developments which have occurred in relation to the right to privacy in the UK.

Using the knowledge and experience gained as a litigator specialising in protecting and restoring the reputations of high profile individuals, entrepreneurs and corporate organisations, Simon Smith’s book will assist entertainment and media lawyers in the UK and US who represent celebrities and other personalities in the media, enabling them to advise their clients on their right to privacy and the right to publicity in the UK.

The book has a number of key features that will benefit entertainment lawyers looking into the areas of reputation management and discusses the numerous significant decisions which have occurred since the previous edition of the book was released in 2001 as well as examining the leading privacy decisions which have been brought, together with an analysis of the Data Protection Act 1998, including the Douglas-Zeta Jones and Murray (JK Rowling’s son) decisions, the later being brought to action by Schillings recently.

Simon Smith is a Partner at Schillings and specialises in defamation, privacy, image endorsement, confidence and contracts. Considered to be one of the best in the area according to the Chambers and Partners directory, he has pursued many successful High Court libel cases for Hollywood’s ‘A’-List stars on high profile libel actions brought in England.

He is regularly asked to comment on live TV and radio and writes in the national press and legal reviews on media related matters in addition to speaking at international legal conferences and in Parliament on media issues. He is also a member of a specialist global group of leaders in their field investigating and researching image rights.

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

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

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

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

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The bankruptcy laws require the utility company to restore the service of any utility that was terminated prior to the filing

Immediately upon the filing of a bankruptcy petition, no creditor may pursue or commence an action against the debtor (person filing the petition). It’s the law. Therefore, after the filing, a utility company may not terminate the debtor’s service, even though there may be substantial arrears. Also, in the event that the debtor’s service was terminated prior to the filing, the service must be restored, upon notifying the utility provider after the filing. Generally, the provider will restore the service within 24 to 48 hours after the filing.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting http://www.bankruptcylawyer-nj.com

The bankruptcy code states that within 20 days after the filing, the debtor must pay a security deposit to establish a new account. Each utility company may apply a different criteria in determining the deposit amount. The utility companies generally apply the following criteria to determine the amount of the security deposit: 1. average monthly usage for the 12 months prior to the filing; 2. average of the highest two months of usage during the 12 months prior to the filing; 3. twice the average monthly usage for the 12 months prior to the filing.

Is the debtor required to pay the pre-bankruptcy debt owed to the utility provider? If the debtor has filed for chapter 7 bankruptcy protection and meets all of the requirements for a discharge, the debt is eliminated without any payment. After a debtor has established a new account, subsequent to a chapter 7 discharge, the utility company may terminate the service for payment arrears, based on their typical standards.

New Jersey residents can obtain answers to questions regarding foreclosure resolution and bankruptcy laws by visiting http://www.bankruptcylawyer-nj.com

The following pertains to chapter 13 protection. An individual may file a chapter 13 case for numerous reasons that are unrelated to utility issues. A chapter 13 typically requires the debtor to make monthly payments to a trustee (bankruptcy administrator) over a 36 to 60 month period. The trustee payments may be paid to various creditors based on the debtor’s financial position and desires. Utility debt is classified as unsecured. The debtor may be required to pay none, some, or all of their unsecured debt, based on the following factors: personal and household income; personal and household expenses; real and personal property values; amount of arrears on secured debt; and, to some extent, the debtor’s desires. A chapter 13 may permit the debtor to eliminate the entire utility balance, without payment.

Similar to a chapter 7, in the event that a debtor falls behind with the utility payments after the chapter 13 filing and the establishment of a new account, the company may terminate the service, based on their typical standards relating to payment default.

For more information on bankruptcy laws in New Jersey, visit
http://www.bankruptcylawyer-nj.com

Robert Manchel is a New Jersey, Board Certified Consumer Bankruptcy Attorney, whose practice is limited to foreclosure resolution and bankruptcy law. For more information, please contact Mr. Manchel at (856) 797-1500, 1(866) –503-5655 or go to his web site at http://www.bankruptcylawyer-nj.com

Robert Manchel handles cases from the following counties: Cumberland, Atlantic, Salem, Gloucester, Camden, Burlington, Hunterdon, Somerset, Middlesex, Ocean, Mercer, Monmouth, and Philadelphia.

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