Category Archives: Legal Services

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.

Via EPR Network
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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.

Via EPR Network
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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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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.

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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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Law Offices of James Scott Farrin Announces ProductsThatHurt.com – a Website Dedicated to Informing Consumers about Defective Drugs and Medical Devices

The Law Offices of James Scott Farrin is proud to present ProductsThatHurt.com – a website dedicated to informing consumers of the dangerous side effects and recalls of various defective drugs and medical devices in the United States.

ProductsThatHurt.com is hosted by the NC defective products lawyer team at the Law Offices of James Scott Farrin, and it provides information about recalls and the serious side effects of many dangerous drugs and medical devices –some that are still currently on the market. Visitors can stay current on the latest information about these dangerous drugs and medical devices through up-to-date blogs and can post comments and questions about their concerns.

ProductsThatHurt.com has been divided into distinct categories to make the website easier to navigate:

The site will feature frequently updated blogs about these categories and the various recalls of defective drugs and medical devices that affect consumers in North Carolina and throughout the United States. Through these blog posts and in-depth informative articles, readers can leave the website feeling better informed and updated about the various risks of dangerous drugs and medical devices that they may be taking or that may be suggested as a course of treatment by their doctors. Ultimately, the website will be a place for readers to educate themselves about recalls and potential dangers, while also providing them resources for getting legal help if they need it.

“There are many prescription drugs and medical devices on the market that are being promoted to help patients but that are actually proving to be quite harmful and to cause even more serious health problems in some cases,” said President James S. Farrin. “We want to give consumers the information they need about these defective products. We are also here to offer them the legal protection they may need if they feel that they have suffered serious side effects as a result of these dangerous products.”

Via EPR Network
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Avoid Jail Time For Your First And Possibly Even Your Second DUI

You certainly can avoid jail time for your first and possibly even your second DUI provided you are dead serious to go through the procedures set forth by the Sobriety Courts which often are also called Drug and Specialty Courts. These courts are a recent novel approach and have been set up to reduce DUI/DWI s by helping recovery of offenders instead of punishment, following being there main goals and objectives:

  • Reduction of drug and alcohol consumption.
  • Eliminating substance use.
  • Reduce the incidence of repeat drinking and driving offenses.
  • Reducing the recidivism of offenders.
  • Reduce the number of cases being scheduled for trial, and the length of time between the date of offense and the date of sentencing. Decrease case backlog.
  • Reduce incarceration in local jails. Diverting offenders from jail.

Working under a “Jail Diversion” initiative, these Courts allow the integration of alcohol and drug treatment services with justice system case processing wherein the defense attorney and prosecutor work towards a speedy resolution of the case with an ultimate goal of addressing the defendant’s substance abuse issues.

The process involves the following pertinent steps:

• Placement of the defendant rapidly into meaningful substance abuse transitional sober living facility.
• Frequent testing to determine whether the defendant is using alcohol or other drugs.
• A team approach to the defendant’s treatment program including the judge, the treatment provider, probation, and the lawyers, as needed.
• Regular appearances of the defendant before the judge, on the record, to monitor program compliance

A Structured Sober Living facility plays a fundamental KEY role in the dynamics of Sobriety and Drug Courts . Most attorneys advise their clients to admit themselves in a sober home ahead of their first hearing. It is a no brainer of a strategy as it goes a long way to convince the court that you are serious about receiving help for your disease and never to get behind a wheel while under the influence of a mind altering substance. Sobriety Court Judges are not “itching” to send you to jail. They are well meaning individuals trying to keep you from hurting others or yourself. Period. Jail Sentence is their last resort. Your sincerity to help yourself will always prove to be your best advocate for keeping you from doing time.

Mandatory AA/NA meetings, random drug tests, living in a sober home are likely to apply. Reporting to the court, probation officer, being subjected to monitoring with a remote breathalyzer or ankle bracelet may or may not be part of the equation. Nonetheless, consider these “inconveniences” as a minor price for your freedom.

Thus, getting yourself admitted into a structured sober home is the mainstay of the approach. Enter Structured Living LLC, Ann Arbor, Michigan. The services provided by Structured Living LL, are an ideal fit for the DUI/DWI candidates that qualify under the above guidelines. Our “zero” tolerance and court friendly rules of stay that include random drug testing, curfew and daily monitoring, implemented through a resident house manager plus a supervisor, provide a practical and an economically preferred sentencing option to the criminal justice system for non violent alcohol & drug related offenses.

So, if you are seeking an economically viable and a court preferred defense option for a DUI or DWI, avoid jail and most importantly help yourself by remaining clean & sober call 734-846-0966 or visit www.soberooms.com for details. It may likely change your life for the better – forever.

View at www.youtube.com/watch?v=n54HRe3Gu7U

Points Of Interest:-
Low One Time Admission Fee of $300 with $495 monthly charges.

Ann Arbor ranks among the very top few “recovery friendly” cities in the United States.

Reputable Local IOP, Counseling and Therapy Services Available. Most Residents Qualify For A “Bridge Card” From The State For Free Groceries.

Structured Living LLC is a subsidized “giveback” personal initiative, financed and managed by A Grateful Recovering Alcoholic Serving Drug Treatment Centers nationwide. It is not State funded and does not accept any donations or contributions.

Via EPR Network
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Access Legal From Shoosmiths Wins Compensation For Former Prison Officer

Access Legal from Shoosmiths has reported a significant compensation win for a former prison officer diagnosed with mesothelioma.

The 63 year old, who was diagnosed with the fatal illness in June 2011, sought advice from Access Legal from Shoosmiths, concerned to ensure his wife would be adequately provided for in the event of his inevitable death. The Yorkshire man had worked for the prison service in the 1990’s up until the early 2000’s. It was during this period that he was exposed to asbestos when he was required to inspect the prison boiler houses, roofs and cellars which contained asbestos and were in a poor state of repair.

The prison authorities also arranged for asbestos removal in parts of the prison and, while the contractors actually carrying out the work took precautions, his employers did not make provision to ensure he was adequately protected during the times when he came into contact with the asbestos. Nor did they give him any training on the dangers of asbestos in the course of carrying out his normal duties to ensure the security of the prison, which inevitably required him to enter areas where removal work was being carried out. It was therefore while conducting his normal and expected work as a prison officer that he was exposed to the hazardous dust.

After receiving instructions from the client, Sara Hunt, Access Legal partner and asbestos specialist, began to assemble all the medical evidence required for the case. Mesothelioma is a malignant and sadly incurable illness. Once contracted, all medical intervention can hope to achieve is to relieve the symptoms and pain and marginally increase life expectancy. Mesothelioma can be caused by one single asbestos fibre and can take as long as 40-60 years before someone exposed to asbestos will develop the illness. Despite his pessimistic prognosis, the former prison officer insisted that Access Legal pursue the mesothelioma claim so that his wife would be adequately provided for.

Sara Hunt, partner and asbestos specialist commented: “Compensation can never replace someone’s good health but in this case we could at least ensure that his wife would be financially secure for the future which was our client’s main objective.”

On settlement Access Legal’s client said: “A heartfelt thanks from my wife and me for your attentiveness and professionalism. Thank you to you, your staff and colleagues in pursuit of my claim.”

Via EPR Network
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ClaimsHeaven.co.uk Online Game Highlights Issues with Personal Injury Claims Marketing

Entertaining online consumer siteClaimsHeaven.co.uk has added a new free online game that takes a tongue-in-cheek look at the personal injury compensation industry in the UK to their array of claims resources.

If you’ve ever wondered about the personal industry claims market, and whether those adverts promising massive payouts if you have “been injured in an accident at home, at work or on the road” actually encourage a culture where people see being injured as a chance to cash in, then ClaimsHeaven.co.uk has a lot of interesting information and resources that can explain the way this controversial industry works, and help those who need to make genuine compensation claims avoid being ripped off or seduced by the promises of unscrupulous companies.

The latest tool the site offers consumers is a new free online game called Train 2 Claim that “trains” the player to become a better personal injury claimant. It involves the player’s character walking down a typical street with manhole covers and loose paving slabs, and having the ability to move to avoid these potential trip hazards. If you step on them, you’ll fall over, getting more and more injured the more times it happens. When the timer is up, you go and visit a compensation claims company to see how you’ve done. You then get a chance to try again, helping you learn what you need to do to get a bigger payout!

The game, and the supporting information can be found at:

www.claimsheaven.co.uk/games/train2claim.php

As well as being entertaining, it is intended to illustrate the problems in the personal industry claims market in the UK right now, and highlight the methods companies use that could potentially persuade people to make claims. The site is all about supporting legitimate claimants and helping people to understand the pitfalls and scams that exist in the UK claims industry, and aims to present its information through insightful, fun and interesting methods like this game.

Train 2 Claim is free to play through any popular internet browser, and users don’t need to submit any personal details to get access to the game, or any of the other information or games and resources on the site.

Via EPR Network
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