Business Law, Corporate Law, Employment Law, Law Firm, Lawyers

Former Judge Joins Kitchens New Cleghorn As Of Counsel

Former Merit Systems Protection Board judge and nationally recognized legal professional Stuart A. Miller has joined the Atlanta law firm of Kitchens New Cleghorn, LLC as Of Counsel, bringing 33 years of extensive experience with federal employment law.

Miller comes to the firm having recently retired as Administrative Judge with the MSPB Atlanta Regional Office, where he served for 21 years. His career also includes positions as Associate Counsel for Personnel and Ethics with the Defense Contract Management Agency and as Labor Counselor with the Department of the Army.

Miller started May 1.

“I chose KNC because of its impeccable reputation for excellence, integrity and fairness in dealing with clients and opposing counsel,” Miller said. “ I was honored to join a firm of consummate professionals.”

Addition Brings Far-Reaching Expertise to Atlanta Law Firm

Miller brings an impressive resume which partners Joyce Kitchens, Randy New and Jeff Cleghorn consider an invaluable addition to the firm.

A former adjunct faculty member of the U.S. Army Judge Advocate General’s Corps School, in Charlottesville, Va., Miller has specialized in MSPB practice and procedure and made countless presentations on labor law topics. Miller also spent years as a teacher for the National Institute of Trial Advocacy. In addition, for more than a decade, Miller has been the featured speaker at the federal Bar Association’s yearly Labor Law Symposium, in Huntsville, Ala.

“As a former federal judge, Stu Miller brings decades of legal experience to Kitchens New Cleghorn,” said KNC partner Jeff Cleghorn. “Judge Miller is nationally respected for his subject-matter expertise.”

Miller received his law degree in 1978 from the Emory University School of Law and has a bachelor’s degree from the University of Maryland.

Miller Expands Employment Law Capabilities at Atlanta Law Firm

Miller’s extensive federal employment law background is particularly valuable to KNC, which maintains an MSPB and federal employment law branch. In his position as Of Counsel, Miller will work closely with KNC partners and lend his years of experience to resolving cases involving this sophisticated area of law.

With offices in Atlanta, Alpharetta, Athens, Marietta and Lawrenceville, KNC is a comprehensive law resource for central Georgia. For more information about KNC, visithttp://www.gadivorcelitigators.com or http://www.gadivorcelitigators.com/alpharetta.htm.

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.”

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

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

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

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

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Morrell Caterers Sued in Three Lawsuits – Alleged Kosher Food Fraud, Top-Shelf Howard Fensterman Morrell, & Morrell Employees Tips

Under Jewish kosher dietary laws, you can’t mix kosher and non-kosher food at any meal or in any kitchen. If you do, then the kosher food becomes tainted and is no longer kosher.

Scott Morrell, head of one of Long Island’s largest kosher caterer, is accused by former employees of preparing and serving, over a number of years, non-kosher food in kosher kitchens – – food that he represented as kosher. This is a direct contravention of kosher dietary laws.

Two former employees of Morrell Kosher Caterers allege that as part of Morrell’s non-kosher catering business , Morrell brought non-kosher food into the kitchen of Temple Beth Torah. This food was placed on the same food preparation tables where kosher food was also being prepared, and the same pots and pans were deliberately used to cook both kosher and non-kosher food.

The result of this deliberate co-mingling of kosher and non-kosher food, pots and pans is the contamination of all the kosher food prepared in the same kitchen, from that first moment of contact onwards.

Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm catered was in fact kosher and, as such, customers were charged more money for the kosher affairs. Typically, Morrell contracts for kosher events included a charge of $800 for kosher food.
Class Action Lawsuit brought by Morrell Employees — A Second Lawsuit

But this is not all the bad news for Morrell.  A second lawsuit , a class action brought by hundreds of former Morrell employees , accuses Morrell’s company of, over a six year period, holding onto service charges included in the catering contracts — money that was earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell any cash tips they received at events catered by Morrell’s company.

Howard Fensterman Morrell — A Third Lawsuit

Howard Fensterman Morrell — A third lawsuit against Morrell was by attorney Howard Fensterman. It alleges breach of contract and fraud by Morrell regarding a function hosted by Fensterman on May 29, 2010. That event was catered by Morrell’s firm. The suit accuses Morrell of substituting lower priced liquor for premium, top- shelf  liquor brands, as called for in Fensterman’s contract.

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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.

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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.”

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

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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.

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Long Island Attorney Steven Cohn Clears Up Misconceptions About “Extortion” — Howard Fensterman Morrell

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In lawsuits, when two parties are suing each other, it has been custom and practice for decades across the U.S. that in many instances the opposing attorneys informally exchange the suits with each other before they are formally filed with the clerk of the court.

The purpose of this long-accepted courtesy is to allow the attorneys to talk together and see if any or all parts of the parties’ lawsuits can be settled or resolved before going through lengthy and expensive litigation.

This is a key tenant that enables our civil justice system to move forward efficiently and not become bogged down in endless litigation of lawsuits that otherwise could be settled out of court.

In these instances, typically, the attorney for one or both parties get to the point where they say “it may well be in our mutual financial interests to terminate or resolve all or parts of these suits.”

A recent case in point where this happened involves Scott Morrell of Long Island’s Morrell’s Caterers, one of the largest catering services on Long Island . Importantly, in early 2012, Morrell faced three lawsuits for allegedly illegal and deceitful acts.

Background: Three Lawsuits Against Morrell Kosher Caterer

One was brought by two senior employees of his catering firm. Another was initiated by hundreds of former employees, and a third lawsuit against Morrell was brought by Long Island attorney and Morrell client, Howard Fensterman [Howard Fensterman Morrell]. Morrell is a long-time friend of Fensterman with whom Morrell had participated over the last ten years in separate, outside investments.

Specifically, according to numerous news media reports, including an article in the Long Island Press of February 16, the first lawsuit – - by two senior employees of Morrell’s catering business – - accused Morrell of deliberately bringing non – kosher food into what was supposed to be a kosher catering kitchen, thus effectively “contaminating” both the food and kitchen in violation of Jewish law. Examples of the non-kosher food introduced into the kosher kitchen by Morrell include shrimp, lobster, pepperoni, prosciutto, and sausage. Despite this, Morrell represented that the food being served at kosher events his firm was catering was in fact kosher and, as such, customers were charged more money for that.

The second lawsuit, by hundreds of former Morrell employees, accused Morrell‘scompany of, over a six year period, holding onto the service charges included in the catering contracts that were earmarked for waiters, bus staff and maitre d’s. The employees said that the caterer also demanded that they give back to Scott Morrell, personally, any cash tips they received at events catered by Morrell’s company.

The third lawsuit against Morrell, by attorney Howard Fensterman, alleges breach of contract and fraud by Morrell related to a function Fensterman hosted on May 29, 2010 — an event catered by Morrell’s firm. The suit accuses Morrell of two dishonest actions — Howard Fensterman Morrell. First, the suit accuses Morrell of charging Fensterman apremium for top – shelf brands of liquor and, instead, serving lower priced brands.Second, the suit accuses Morrell of encouraging Fensterman to pay, and receiving from Fensterman, an 18 % service charge above the cost of the affair, to assure more attentive service from the Morrell staff and a higher quality affair, without telling Fensterman that he, Morrell, was going to keep the money for himself.

Morrell Tries To “Switch The Topic” — Howard Fensterman Morrell

Howard Fensterman Morrell — In an attempt to deflect public attention from these allegations , Morrell’s response was to try to change the subject, alleging that the presentation of Howard Fensterman’s lawsuit to Morrell’s attorneys, prior to its filing in court, was an attempt to “extort” Morrell.

The facts are that Long Island attorney Steve Cohn, personally hand delivered the lawsuit to the office of Morrell’s attorneys to see if a pre-filing resolution might be achieved, avoiding the monetary and emotional cost of litigation for the parties.

Morrell’s desperate action was to cry “extortion” in the hope of diverting the attention of past clients , rabbis and congregation members from his alleged actions of breach of one of the most sacred duties of a kosher caterer — in essence, serving non-kosher food to unsuspecting clients and their guests. Morrell’s diversionary tactics were also meant to shift the media attention away from his alleged acts and to try to discredit Howard Fensterman’s good name.

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Time Is Running Out to Use The Lifetime Gifting Rules That Can Really Help Family Businesses

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The president signed a new tax law back in December of 2010 giving the owners of family businesses probably the biggest tax break to come in several years.

However, that tax break, the lifetime gift exemption, $5 Million ($10 Million for a married couple), is in effect for only two years (2011 & 2012).

While the estate tax exemption amount had been increasing year to year, the lifetime gift exemption had stayed at $1 Million over the past 10 years.

But, the current law “sunsets” on December 31, 2012, and on January 1, 2013, the lifetime gift exclusion amount and the estate tax exemption will both decrease to $1 Million.

Even if you had previously used up your $1 Million lifetime gift tax exemption in prior years, you still have time to shift an additional $4 Million out of your estate to your family.

This two year window allows the owners of family businesses to transfer the stock of their closely held companies to the children or other family members and reduce the size of their estates, all tax free up to the exemption amount.

This strategy raises difficult questions for those now in charge as to how to maintain control and/or stream of income from the company they currently work in and manage. How do they protect their interests and maintain their retirement while passing wealth down to the family?

Experienced estate planning lawyers can develop “salary continuation plans”, “consulting agreements”, and other legal mechanisms to protect the owner’s financial stake in the family company.

Other difficult questions include how to treat other beneficiaries fairly when only one of the beneficiaries is going to eventually lead the business.

This may mean an amendment to the estate plan. The timing, nature and size of the gifts have to be considered in the context of the overall estate plan.

Time is of the essence in view of the fact that the $5 Million lifetime gift exclusion will disappear at the end of 2012, and go back to $1 Million.

“It is wise to consult with your estate planning attorney before making any kind of gift transfer” said Orange County Estate Planning Attorney Dwight E. Tompkins.

For additional information on the latest estate planning law contact Attorney Dwight E. Tompkins or visit www.Tompkins-law.com.

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RJW Joins Forces With Slater & Gordon In The UK Following ABS Licence Approval

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RJW has been acquired by Slater & Gordon – the world’s first publicly listed law firm – for £53.8 million (approximately $AUD80 million). The acquisition took place on 30 April 2012 following the approval of an Alternative Business Structures (ABS) licence by the UK Solicitors Regulation Authority. The law firm notified the Australian Securities Exchange (ASX) of its ABS licence approval on the same day.

Slater & Gordon was amongst the first organisations to be granted an ABS licence by the UK regulatory authority.

RJW and Slater & Gordon and announced their plans to join forces and capitalise on changes in the UK legal landscape in January of 2012, following 12 months of negotiations and due diligence.

RJW Chief Executive Officer Neil Kinsella said his team knew that changes were required to stay “at the forefront of a changing legal landscape” and Slater & Gordon was the “perfect partner” law firm.

Mr Kinsella said: “This is an exciting new chapter in our history, and an important step towards us achieving our ambition to become the largest and most trusted brand for personal legal services in the UK.

“We are in the midst of a changing landscape in the UK and we want to be at the forefront of that change – both in a regulatory sense and in service delivery.

“One thing that will not change is our commitment to make access to justice available and affordable to all, because that’s a common goal that we share with Slater & Gordon and it’s one of the things that attracted us to them in the first place.”

Slater & Gordon Managing Director Andrew Grech said it was the optimum time to enter the UK market because of the changes in ownerships laws and impending changes to the personal injury sector.

Mr Grech said: “Firms which do not adapt will simply not be able to compete effectively over the long term.

“This partnership gives RJW security so that they can continue providing a first class legal service, but it also gives them the resources needed to develop and grow whilst retaining and attracting talented people in a way that would not have been possible otherwise.”

Mr Grech said Slater & Gordon would support its UK business to continue to grow and meet the needs and expectations of their clients into the future.

He continued: “We have jointly identified the opportunities that will come as a result of the changes in the UK market and have already benefited from sharing our knowledge.

“The potential to share technology and have greater resources to retain and attract additional talented people will underpin our future success.”

RJW equity partners have exchanged ownership of a traditional partnership for share-ownership in Slater & Gordon Ltd. The partners will hold Slater & Gordon shares for a minimum of four years. RJW has traded as ‘Russell, Jones & Walker part of Slater & Gordon Lawyers’ from Monday 30 April, 2012. The acquisition includes RJW’s Claims Direct brand.

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Access Legal From Shoosmiths Announces £10.8m Payout For 11-Year-Old Left Disabled From Birth

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Access Legal from Shoosmiths has announced that Milly Evans, an 11-year-old-girl left severely disabled from birth, was awarded £10.8 million compensation.

The national law firm Access Legal and its team of medical negligence solicitors helped secure the amount – believed to be one of the largest ever in the UK – at a High Court hearing.

The injury to Milly happened during her birth at Lincoln County Hospital. Milly’s mother, Kate Evans, was already in established labour when she was admitted to hospital at 7pm on 1 March 2001. Her baby’s heart was initially monitored, but later heart rate monitoring was totally inadequate. By 10pm it was discovered that the baby had an abnormal heart rate and was suffering fetal distress.

Milly was born at 10.20pm and transferred to the neo-natal unit, where she underwent resuscitation and suffered a seizure. Mrs Evans said that if the baby’s heart had been properly monitored, the midwife would have spotted the fetal distress sooner and Milly would have been delivered earlier and not suffered catastrophic injury.

After many years, United Lincolnshire Hospital NHS Trust, which runs Lincoln County Hospital, eventually admitted liability for its mistakes, but national law firm Access Legal from Shoosmiths had to fight to secure adequate compensation for Milly.

Milly suffers from cerebral palsy and requires 24-hour care. In addition to being confined to a wheelchair, she is unable to speak and is dependent on others for all daily activities. Milly’s intellect has remained fairly well intact, and she communicates through an eye-gaze system.

Milly’s parents will use the money to pay for past and future full-time carers, plus ongoing treatment, education, special equipment, transport, and loss of future earnings. Additionally, the compensation amount takes into account general damages for pain, suffering and loss of amenity.

Mr and Mrs Evans have had to make many sacrifices for their daughter over the last 11years. Milly’s father, Andy, was an RAF Squadron Leader and a former member of the famous Red Arrows display team. He was not able to continue with his career as a consequence of Milly’s disabilities.

Milly will now be able to have a specially-adapted home featuring hoists and a hydrotherapy pool, and it will be big enough for Milly to access all rooms in her wheelchair.

Mrs Evans said: “We’ve all been through a very difficult time. The money will never make up for the mistake that condemned Milly to a lifetime of dependency on others. However, it will ensure that Milly is provided with full-time care and equipment throughout her life. We now want to build a loving and secure life for Milly in a new adapted home.”

Access Legal partner and medical negligence specialist Denise Stephens said: “Milly is an amazing girl, with a beautiful smile and a sense of humour. She requires round-the-clock care and attention, and will do so for the rest of her life. It was crucial, therefore, that we were able to secure a compensation award of this size to provide for Milly’s needs.”

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Western European Study Highlights Key Selection and Retention Factors Used by In-House Counsel

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LexisNexis (www.lexisnexis.com), a leading provider of content and technology solutions, today announced results from the latest LexisNexis® Martindale-Hubbell® study on law firm and client relationships in Western Europe. The report, ‘The Selection and Retention of Law Firms in Western Europe’, reinforced the view that in initial selection processes, in-house counsel want their law firms to understand their business needs, objectives and culture, whereas the quality of the team overall has the most weight in determining whether firms are retained.

Conducted during January and February 2012 in association with The Global Legal Post, the survey reflects the views of 219 in-house counsel across 16 Western European countries, half of which have revenues of at least €1.3 billion.

The top five factors that in-house counsel use in the selection and re-hiring of law firms are:

Selection Factors (% of respondents, rated ‘very important’)
Understanding of business needs, objectives and culture (72%)
Speed of response (56%)
Client service/responsiveness/communication (56%)
Lawyer expertise (54%)
Trusted advisor and not just a legal technician (51%)

Retention Factors (% of respondents)
Quality of the team (80%)
Knowledge of my business (76%)
Cost (71%)
Approach to matter at hand (66%)
Lawyer expertise (62%)

The most important factor – by no means a surprise – is understanding the client’s business needs, with 72% of respondents rating this as ‘very important’. Speedy response times, client service and communication skills and expertise and reputation of the individual lawyer are regarded as the next group of favoured attributes. Interestingly, cost is not a key factor in initial selection processes.

Common ‘magic ingredients’ of relationships are dedication and chemistry, alongside expertise, quality of ability/competence and cost/fees. Proficiency in business and legal skills alone are only part of the picture. The ‘people buy people’ adage is borne out in the results, with over one in four companies prioritizing this factor on their list of requirements, whilst one in two want a trusted advisor.

“These trends in selection and retention factors are consistent with similar surveys that we have undertaken in other world regions,” Derek Benton, director of International Operations at Martindale-Hubbell commented.

“From a business development perspective, the message is simple. To get noticed in the identification and selection stages – whether communicating via their own or third party website, blogs, articles, social media or tender documents – firms need to engage buyers by firstly showing that they understand their sector and how that impacts their day-to-day business.”

Law firms also need to focus on building their relationships with the Chief Legal Officer (CLO), as over two-thirds of respondents state CLOs had primary responsibility for making decisions to appointment firms. Surprisingly, procurement departments are only involved in appointing firms for one in 20 companies surveyed.

Getting on panels seems to be a key objective for many law firms, but surprisingly the survey finds that 72% do not use law firm panels and, of these, 78% are not planning to put a panel in place. If a firm has not made it onto a panel, the findings suggest that they are not excluded indefinitely from selection as panels tend to be reviewed every two or three years.

When asked what factors would lead a law firm to be selected for a second time, respondents cite the quality of the team as a whole (80%), followed by their knowledge of the business (76%) and cost/approach to billing (71%). Overall standard of service remains critical, as poor service is the fastest route to being removed from a preferred list, according to 93% of survey respondents. Firms still need to keep an eye on costs, and ‘unfair or unclear billing’ can lead to relationships being terminated. Indeed, achieving better value for money has been the main driver to review panel firms in recent years.

Nevertheless, most law firms are seen as being sensitive to the budgetary pressures of legal departments (60%) and offer value-added services, with free training topping the list. However, the survey suggests they need to do more to listen and learn from feedback. Nearly all surveyed (93%) said they would be willing to participate in formal client satisfaction surveys, yet only half have actually been asked to participate.

The biggest challenges facing in-house lawyers in the next year are cost control, (62%), increased workload (52%) and litigation/risk managements (44%). The research shows mixed fortunes ahead for law firms with 20% of companies decreasing legal budgets, whilst 22% expected to increase spend.

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To download a free copy of the full report: “The Selection and Retention of Law Firms in Western Europe”, visit http://bit.ly/JirRjR.

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Top-Shelf Attorney, Howard Fensterman, Claims Liquor Served at Morrell Kosher Caterers Was Anything But — Howard Fensterman Morrell

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Howard Fensterman, the well respected Long Island, New York attorney and successful businessman and investor, is feeling the pain of a victim as he deals with the unpleasant realization that his long-time friend and former investment associate, Scott Morrell, head of Morrell Kosher Caterers, fraudulently deceived him by serving less expensive brands of liquor instead of the premium, top – shelf brands contracted and paid for by Fensterman for a function he hosted on May 29th, 2010 [Howard Fensterman Morrell].

Howard Fensterman Morrell

Howard Fensterman Morrell — Fensterman is accusing Morrell of breach of contract and fraud in that Morrell’s kosher catering establishment charged Fensterman for premium, top-shelf scotch and vodka, but instead served lower price brands.

While Fensterman refuses to guess how long the alleged “bait-and-switch” practice has been going on under Morrell’s watch, Fensterman has been advised that this has been a long standing practice at Morrell Kosher Caterers.

•  http://www.huffingtonpost.com/2012/02/09/morrell-caterers-accused-violating-kosher-laws-long-island_n_1265199.html

•  http://www.newsday.com/columnists/james-bernstein/caterer-morrell-sued-again-by-wait-staff-1.3539312

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Access Legal from Shoosmiths announces that it will provide free wills for Marie Cure Cancer Care charity

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Access Legal from Shoosmiths has announced that it will become the national free wills provider for end of life care charity Marie Curie Cancer Care.

Access Legal will support Marie Curie’s Free Wills Scheme by writing wills for anyone over the age of 55. The service will be provided with the hope that some people will include a gift in their wills to the Marie Curie Cancer Care charity; however, there is no obligation to do so.

In addition to Access Legal from Shoosmiths, other law firms and will-writing providers will continue to work for the charity as well.

Tevor George, Partner and Head of Access Legal’s Wills, Family and Wealth Team said: “We feel privileged and very proud to be associated with such a highly respected UK charity in this way.

“We’ll work closely with Marie Curie Cancer Care to ensure that both the charity and its supporters benefit from the free Will writing service our knowledgeable legal advisers are able to provide.

“This is a new and exciting relationship, and one we hope will last for many years to come.”

Marie Curie Cancer Care is dedicated to providing quality end of life care to patients and their family members. In addition to its home nursing service and nine hospices, it also supports terminally ill patients with more logistical advance care planning- often with the help of its partners. Advance care planning may include making advanced funeral arrangements, setting up an advance directive and writing a living will.

Access Legal is highly qualified to take on this charitable endeavour, as it devotes a large portion of its consumer services to wills, family and wealth. It offers legal advice on probate, making a will, contesting a will, inheritance tax and estate administration. The Access Legal website features will-related case studies, useful legal guides and an extensive FAQ section on wills and family law.

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PLS Secures Law Society Quality Mark

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Cheshire-based law firm PLS Solicitors has been granted membership to the Law Society’s Conveyancing Quality Scheme (CQS), having been adjudged to have met a number of standards as laid out by the Society.

The CQS was established to provide consumers with a guide of quality for residential home-buying practices, thereby reducing fraud and driving up standards by enabling consumers to make more informed decisions when entering into the conveyance process. Law Society president John Wotton explained that with so many solicitors offering conveyancing services, it can sometimes be difficult for consumers to find a suitable firm.

“CQS improves efficiency with common, consistent standards and service levels and enables consumers to recognise practices that provide a quality residential conveyancing service,” he said. “Buying a home is one of the largest purchases anyone will make in their lifetime, so it is essential that it is done to the highest standard by a solicitor.”

Aashim Dhand, Managing Partner of PLS Solicitors welcomed the development, citing it as evidence to his company’s commitment to providing would-be homebuyers with a consistently high standard of service and helping to ensure that property transactions pass through as smoothly as possible. He also noted the difference quality conveyancing can make to alleviate much of the stress that so often goes with buying property.

Solicitors have to undergo a strict assessment in order to earn CQS accreditation – which is only open to members of the Law Society – and the initiative is backed by bodies including the Council of Mortgage Lenders, the Association of British Insurers, the Legal Ombudsman and the Building Societies Association. Compulsory training, random audits and self-assessments are all essential elements of securing CQS status, and must also undergo annual reviews in order to maintain it.

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PHC Law Helps Man Gain Compensation For Broken Ring Finger

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Preston-based personal injury specialist company PHC Law has succeeded in recovering £3,250 in compensation for a man who trapped his ring finger in a window at his place of work.

When the window’s locking mechanism was found to be faulty, the man contacted PHC Law, and was advised by Mr John Cooper, a senior consultant solicitor at the firm, which specialises in personal injury law.

The incident resulted in the man sustaining a fractured finger, and when Mr Cooper contacted his employer to notify them of the claim, their insurers admitted liability due to the window’s defective mechanism.

Mr Cooper is a senior partner in PHC Law personal injury solicitors, based in Preston, Lancashire. He said: “We obtained a report from a consultant orthopaedic surgeon to assess the seriousness of the injury, and from this assessed the likelihood of being able to bring a successful injury claim using our many years’ experience, and this formed the basis of our submission.

“This case was similar to thousands every year, in which people suffer injuries in the course of their regular work through no fault of their own, and subsequently receive compensation for the injury and the distress caused, with help from dedicated and caring personal injury solicitors such as us,” he added.

If you have been injured in an accident at work and would like more information about how Mr Cooper and his team can help, visit www.phclaw.com or call 0800 612 7 612.

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But when will I see Granny?

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Imagine a situation where both parents work and care is divided between both maternal and paternal grandparents. In an ideal world this arrangement would continue after a divorce or separation, but frequently all goodwill breaks down leaving children having to cope with new arrangements and often the loss or deterioration of a relationship with one or both sets of grandparents.

I often get asked ‘but what about my rights?’ by caring grandparents who are desperate to continue a relationship with their grandchildren. The sad, depressing, answer is that grandparents have no automatic right to make an application to the Court for contact or residence, unless the children have been living with them for at least 3 years.

Grandparents have an additional hurdle, of having to first apply to Court for‘leave’ to make an application. This application is sent to both parents, who have the opportunity to oppose, or agree to leave being granted. Only if the Judge is satisfied that it is in the child’s best interest for the application to be granted will the matter move to the next stage when a Judge will consider what, if any contact, there should be between grandparent and grandchild. That contact has to be viewed in context as often the children will be spending time with the ‘other’ parent. Frequently, the Court has to juggle complex arrangements to try to accommodate all members of the family (and the child’s school or social commitments).

The Government applauds grandparents for the vital role they play in shaping a child’s future, providing unpaid childcare so parents can return to work. However, since 1989 successive governments have so far refused to amend the law to provide grandparents the automatic right to make an application to the Court to preserve their unique relationship with grandchildren. Following the Family Justice Review, there has been a recommendation that Grandparents should be included in ‘parenting agreements’ setting out the time that children of separated parents should spend not only with Mum and Dad, but Granny and Grandpa too.

Whilst the judicial system may not be quick to help grandparents, I have used other dispute resolution such as mediation, collaborative law and family conferencing to assist in breaking the deadlock between family members and re-establishing contact.

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PHC Law Recovers £2,750 Compensation For Supermarket Accident Victim

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Well-known Preston-based personal injury solicitors PHC Law has recovered £2,750 for a women that was involved in an accident while shopping at a reputable supermarket, which resulted in injuries to her back and hip.

The woman had finished shopping at the supermarket and was getting ready to leave when she slipped and fell quite heavily, dropping her shopping and smashing four of the jars of jam she had purchased.

The supermarket instantly provided assistance to the woman and the incident was reported – it was discovered that she had slipped on a grape that have been left on the floor near the checkout. The store’s insurers later admitted liability.

When the woman decided to seek compensation for her accident she contacted PHC Law and her case was quickly passed on to senior consultant solicitor Mr John Cooper, who worked closely with her throughout the case.

“I am very pleased with the outcome of this case,” said Mr Cooper. “However, our client was very fortunate to have not suffered any serious injuries and has made a good recovery.

“Unfortunately accidents like this do happen, and I would urge anyone in this situation to get in touch and speak to a specialist personal injury solicitor to discuss their case”.

PHC Law was able to agree damages of £2,750 with the supermarket and the woman received one hundred per cent of the compensation, as the law firm always recoups legal fees from the other side. They also work on a no win no fee basis, ensuring all clients that come to them aren’t left with expensive fees should their claim be unsuccessful.

PHC Law specialises in a number of claim types, so whether you have been involved in an accident at work or have a personal injury claim you can contact the firm today to find out if you have a case for compensation.

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Factory Worker Gets £2k Payout With The Help Of PHC Law

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A Polish migrant worker has been compensated after injuring his hand in a potato slicing machine at work.

The accident took place on December 10, 2010, while the man was operating a machine designed to shape potatoes for the catering industry. His role involved placing potatoes in the machine so they could be correctly cut, and then removing them. However, the machine became clogged with potato and then jammed, as it had done on numerous occasions.

The worker attempted to clear out the machine but it moved, trapping and injuring his hand. The man’s employer denied responsibility, but he decided to call on the services of personal injury solicitors PHC Law to find out if it was possible to claim compensation. Once the case came to court the worker was offered £2,270 by way of compensation.

Mr John Cooper, a senior consultant solicitor at PHC Law said: “This man was performing the same role as he had done many times before when the accident happened. And despite his employer refusing to accept responsibility, the company backed down and offered a financial settlement once PHC Law got involved and helped the man to take his case to court.

“This is yet another example of why it is vital that people who have suffered an accident at work should make sure they get in touch with a professional personal injury specialist. This man deserved to be compensated financially following the injuries he sustained and the team at PHC Law were pleased to be able to use their expertise to make sure this happened.”

Mr Cuerden, Managing Director of PHC Law added: “We’d urge anyone who has had an accident and sustained an injury in the last three years to contact to discover if they too could make a claim.”

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Cheshire Solicitors Proud To Be Awarded Conveyancing Mark Of Quality

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Hale, Cheshire-based solicitors’ practice PLS Solicitors is proud to announce that it has been granted membership of the Conveyancing Quality Scheme (CQS).

The scheme is an initiative overseen by The Law Society, the main regulatory body which oversees and enforces standards of practice in all aspects of the legal profession. It is designed to help anyone selling a house to find a conveyancing solicitor who knows their area and whose work they can trust.

The Law Society itself says that the CQS is intended to “create a trusted community which year on year will drive up standards.”

Aashim Dhand, Managing Partner of PLS Solicitors, says his company’s admission to the CQS is an endorsement of the high standards which he and his colleagues in the company’s residential conveyancing department always aim to meet.

“A conveyancing solicitor plays a small, but absolutely vital, part in ensuring that any property transaction is conducted according to prescribed rules,” he said.

“But more importantly, the quality of their work and processes can make a big difference to how smoothly such transactions run.

“While buying property is still considered one of the most stressful things people do in their lives, sympathetic and thorough conveyancing solicitors can do a great deal to guide people through the maze of options associated with any property transaction, including equity release and lease options for purchases of properties with this type of tenure,” Mr Dhand added.

As a company proud of its standing as part of a select network of Manchester solicitors whose services are endorsed by the Law Society, PLS Solicitors is hoping that this approval will be seen as a sign of the trust they can have in getting the best possible service, no matter what the nature of their customers’ property law needs.

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