Understand Your Rights. Solve Your Legal Problems
As the first female lawyer outside Cobb County, what challenges did you face?
When I first started practising law, the few of us of the female gender were usually referred to as “little ladies” by the judges. Our male counterparts were referred to as “Colonel.” It was evident immediately that the ‘good old boys’ were not sure how to deal with us and that we were an unwanted pariah. In fact, when I first started practising law, the female members of the bar could only be a member of the auxiliary for the Cobb County Bar Association and not members of the actual bar association. The few other females who were then practising in Cobb County had been here either all their lives, or had married into a family that had deep roots here. I was from Virginia and my husband from Valdosta, Georgia, so we were "unknowns". I cannot say that we were intimidated, as we were folks walking into the practice with blank slates. Neither of us tried to “step on anyone’s toes”, but to cordially work within the established system regardless of how we were viewed or treated. As time passed, slowly so did the attitudes, until there was acceptance.
I noticed that most of my male counterparts felt that domestic relations law was beneath them and that one should only take a divorce case if there was no other money coming in to pay the bills. I chose to start practising domestic law in an effort to establish a practice where the men did not feel threatened that I was attempting to take away their income. Almost immediately, I was overwhelmed with clients, especially female, who wanted another female to direct them through the process. I made a conscious effort to solicit male clients as well, so that I could maintain a balanced view of the application of the law.
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I was cognizant that I was changing ideas for the future young ladies who would follow me. That has always been an important goal and considering the number of female attorneys out there now, I believe those of us who started paving the way, were successful in opening a closed door.
How did you work around these challenges?
I felt the only way to work around these challenges was to work within the challenge itself and to make as few waves as possible to obtain the acceptance of my fellow practitioners. I noticed that some of the earlier female attorneys tended to try to mimic our male counterparts. My perspective was just the opposite. I was a woman and proud to be a woman and dressed accordingly. I was not opposed to hugging the male attorney versus shaking his hand. I also made sure I was completely prepared before I walked into a courtroom and would be a formidable force to reckon with. Soon, I was viewed as a well-prepared attorney who represented her clients and their positions, who just happened to be female.
With the legal industry being predominantly male, can you share your top tips on rising up the legal ladder?
Know your area of the law. Be the best prepared attorney in the courtroom. Treat everyone from the janitor up with complete respect. Do not speak negatively, regardless of your personal opinions, of any other professional. Always be professional in your representation of a client. Do nothing which might reflect negatively against the profession, or any other professional.
How have you seen attitudes towards women in law change over your years of practice?
That is a given. We have gone from being an oddity to frankly just a part of the norm. Perhaps my deceased husband said it best when he stated that women were beginning to achieve equality in our profession. His statement around the turn of the century was that you could never find an inept female attorney when we first started practising law, but we had progressed to equal opportunity in that arena.
There is still a discrepancy in pay scales for women versus their male counterparts.
Also, in this day and age, it is no longer the universal opinion that the woman should not work outside the home. Our society now believes that each woman should make that decision for her future herself, and for it to be accepted. That by working outside the home we are not ignoring and sacrificing our children and family responsibilities, but enhancing them in an alternate method. I am not sure my own parents ever understood that I worked because I wanted to work. Somehow, they felt that I worked because my husband was not able to provide adequately for our family. Nothing could be further from the truth, nor were they ever going to accept the truth. I cannot imagine parents thinking with that mindset in today’s society.
What else do you think needs to change in this area, to ensure more equality between men and women in the legal industry?
There is still a discrepancy in pay scales for women versus their male counterparts. Additionally, in general, in larger firms I believe it is still easier for men to achieve partner status versus the female attorneys. Employers still think about pregnancy leave and loss of pay for the firm. None of these topics are spoken about openly, but they still exist. No longer do we have open discrimination, but the subtleties are still apparent.
When I entered the workforce, I was told what the starting salary would be for me as a female with the explanation that it would be less than for the male due to the fact the “male had to support his family.” Additionally, it was completely permissive to ask prospective female employees if they were going to get married and if they planned on having children.
We have come a long way leaving it, hopefully, easier for the next generation to finish the process. I look forward to them doing so.
Why did you pick family law? What was your motivation behind doing so?
I chose this area as it was the path of least resistance for me to have a career as a trial attorney without having to butt my head against a brick wall on a daily basis. The glass ceiling was a little less painful.
Carol’s Journey into Law…
My husband and I chose to change careers after our marriage to one another in 1970. We then worked to put both of us through law school with him graduating in 1974 and I, in 1976. After my graduation in June 1976, we purchased an older home in Marietta, Georgia and renovated it for our law offices. The firm has been at that location, 132 Forest Avenue, Marietta, Georgia since June 1976 and continues today. I have continued to maintain the practice since my husband’s death in 2004.
My father was a law school graduate, though he worked as a special agent under J. Edgar Hoover and the FBI. He introduced me to the Courts and to the fascination of the law from a very early age. Interestingly my family did not encourage a daughter to grow up to be a professional, so it had to be my determination over the cultural vibes of the era to push against the norm. It was an added benefit marrying a man who was progressive in his thinking and encouraged me to fulfil my dreams.
Carol S. Baskin
ATTORNEY
Location: 132 Forest Avenue, Marietta, Georgia 30060-1614
Phone: 770-424-7780
Email: cbaskin@baskinlaw.net
With dental negligence often occurring due to the misconception that dentists are money orientated, Paul explores what solicitors should look out for in experts and the reasons why such litigation is on the rise.
Common mistakes other dental professionals make which can lead to claims of Dental Negligence:
Most of the common negligence cases that we see in dentistry are to do with periodontal disease, the lack of diagnosis and lack of treatments, which in turn leads to tooth loss and then the need to replace the teeth, usually with dental implants. Dental implants are a very costly treatment and usually not available in the health service; often if the negligence has led to the loss of many teeth, then the treatment cost can be in the region of £50,000 in order to replace these missing teeth with implants.
The second most common cause of negligence is then due to tooth extraction, where it has not been explained to the patient that there are other options which could lead to the tooth being saved. In this case, the patient has not been fully informed of other treatment options and if they had been fully informed they would have taken another route which would have led to the tooth being treated rather than removed. These options usually include root fillings and crowns. Again, once the tooth has been removed the usual replacement is via dental implants; a single tooth replacement is often in the region of £3,000 to £4,000.
The newer types of dental negligence, which we are seeing more and more, are to do with complex treatments for which the dental practitioner is either inadequately trained or has not given the patient a reasonable estimate of the costs along with the outcome including the pros and cons of such treatment. Here the more expensive treatments include: dental implants, cosmetic dentistry with veneers, etc., and also short-term orthodontics.
I would also suggest that having a nationwide panel of experts who are all trained to the same standard and degree and whose reports have a similar, if not identical makeup, makes life easier for the solicitor and barrister when dealing with a large number of cases.
Patients are very often disappointed when having veneers or crowns placed where the end result does not match their expectations, which can again then lead to a claim. Many dentists often do not complete enough diagnostic work in advance of the treatment so that the end result can be easily previewed by patients and amended as required.
Dental implants have a failure rate and this is often overlooked. The expected failure rate has always been in the region of 5% in the lower jaw and 10% in the upper jaw. More recently, however, there is peri-implantitis disease which has led to an increase in the failure rates in some patients. Again, this is often overlooked during the treatment planning stage. The patients are on the assumption that their implants will last them a lifetime, whilst a reasonable figure would be more in the region of 15 years.
Advice for solicitors when choosing dental experts
The choice of dental expert should be based on the understanding and knowledge of their field and certainly, expertise should be (at least) an established private practitioner who has over 10 years of general dental practice. Alternatively, look for dentists who have gone on to have further education in a particular field, such as gaining a Master’s degree or becoming specialists in Periodontics, Endodontics, Orthodontics, Prosthodontics, General Dentistry and Implantology, or professors or consultants when required.
It is also important to have continuity when choosing an expert and knowing that they have been through adequate training in the expert witness field and have enough experience in that field to write reports which are legible, easy to read and precise, and that they understand a basic knowledge of the legal system so as to help the court reach its opinion if required.
Dentists are seen as easy pickings by the public and solicitors.
I would also suggest that having a nationwide panel of experts who are all trained to the same standard and degree and whose reports have a similar, if not identical makeup, makes life easier for the solicitor and barrister when dealing with a large number of cases. We at T Legal employ experienced general dental practitioners, dentists with Master’s degree in their chosen field, specialist consultants and professors in all areas of general and specialist dentistry and also on a nationwide basis so continuity is guaranteed.
Why is there so much Dental Litigation at present?
Dentists are seen as easy pickings by the public and solicitors. Dentists do not have the same degree of sympathy from the public as doctors do and are often seen as more money orientated. As a result, patients are much more willing to sue “greedy” dentists. This is a misapprehension of course. Most dentists try very hard to do a good job, however, they are often working against the system (NHS). This can lead to “defensive dentistry” where often ideal treatments are not done for fear of failure and litigation.
To give an example . . . A Dentist gets paid the same amount of money for extracting a tooth (10-15 min. appt.) as they do for doing a root canal (60 min. appt.).
It’s easy to see why dentists are put off doing root canals when they can earn 4-5 times as much simply taking the tooth out. If the patient is not offered the root canal then, of course, no consent has been gained and litigation can follow.
Evidence and reports needed in order to carry out your investigation as an Expert
There are different types of reports I do for my legal colleagues including Breach of Duty and Causation, Condition and Prognosis, and Full Negligence (the two combined). I also do more and more screening reports to make sure that the solicitors have a case. Of course, these are part 35 non-compliant, but at least the solicitors have the benefit of my experience before they go headlong into a contentious case.
Professor Paul Tipton is Professor of Cosmetic and Restorative Dentistry at the City of London Dental School and a Specialist in Prosthodontics. He is an experienced expert witness with over 30 years of experience in dento-legal expert witness work. He regularly lectures both internationally and at home with training academies in Manchester, London and Dubai, and is renowned for his one-year Restorative, Cosmetic and Implant Dentistry courser, where over 3,500 dentists have graduated during the last 25 years, and for his numerous articles on Implantology and Cosmetic and Restorative Dentistry.
He is on the editorial board of Private Dentistry Magazine, Restorative and Aesthetic Practice, and the Indian Journal of Prosthodontics, and was a founding director of the British Academy of Aesthetic Dentistry and the British Academy of Cosmetic Dentistry.
In 2014 he was made visiting Professor of Restorative and Cosmetic Dentistry at the City of London Dental School. He is currently the President of the British Academy of Restorative Dentistry (BARD) and is a Fellow of the International Academy for Dental Facial Esthetics (IADFE).
He has assembled a team of leading clinicians and expert witnesses who work with him at T Legal all around the UK, in all of the various fields of Dentistry – from leading Professors and Specialists to experienced private general practitioners. All areas of Dentistry are covered including General Dentistry, NHS and Private, Cosmetic and Restorative Dentistry, Implantology, Oral Surgery, Orthodontics, Periodontics and Endodontics.
Professor Paul Tipton
T: 07786 327978
W: https://www.tclinic.co.uk/legal-reports/
Speaking to Elliott Rolfe, we learn where UK businesses stand with cannabis-based products and the precautions they should take. Is it worth starting your own CBD business? Read on to find out.
How is the UK’s interest in legalising cannabis - especially medicinal cannabis - changed in the past few years?
In terms of the British people's interest, a lot has changed. We have certainly seen some emotive cases being reported, which has put pressure on legislators to address the Government’s historic lack of interest in legalising medicinal cannabis; has it changed enough? Not so much, unfortunately. Whereas a couple of high-profile cases resulted in a change in UK law, allowing medicinal cannabis to be prescribed legally, prescriptions will only be issued under extremely limited circumstances.
The change in the law was made in November 2018 after a mother - whose son, Billy Caldwell, has a rare and severe form of epilepsy, publicly broke the law for her son by bringing cannabis oil into the UK. The fact that the list of both eligible patients and specialist prescribing doctors is so restricted, the general need is not being met at all.
More recently, a number of MPs have been looking into changing legalisation in the UK and have been travelling abroad to cannabis friendly jurisdictions and devising reports to assess any potential changes; they are still thinking, however, that it will be at least five years until we can get any wider legislation implemented.
In early 2020, we saw another step forward after the government lifted import restrictions on cannabis-based medicines. Licenced wholesalers can now hold stocks of cannabis-based medicines in the UK.
There are other laws that businesses must abide by even though they are not specific to cannabis laws and regulations in the country at the moment.
When it comes to UK based laws, what can businesses do and not do when it comes to cannabis derivatives?
The most common cannabis derivatives we see are THC and CBD. THC is the component of the cannabis plant that has a psychoactive effect - or as people would commonly say, ‘it gets you high’. At the moment, this is not legal to be sold by businesses to the general public. There is an exemption which allows trace amounts of THC to be present in products, but you can't have regular THC based products on the shelves at the moment. Thus, businesses using products with cannabis derivatives generally aren’t using THC unless they are actually creating medicines.
What we do see a lot of is cannabidiol or “CBD”, which also has a lot of benefits, but doesn’t have a psychoactive effect. CBD is currently not controlled in the UK and there is barely any regulation that specifically applies to the use of CBD at present, but we do have other-sector specific regulations that are applicable and give guidance. For example, the UK and EU Food Standards Agencies now need to assess food products containing CBD before they are allowed to be sold, and as such, the UK Food Standards Agency has given businesses in the UK until 31 March 2021 to apply for authorisation, prior to marketing any cannabinoid-containing food products. After this date, each distinct cannabinoid-based product will need to go through its own rigorous examination before it shall be lawful to sell. There are also other rules which restrict companies in relation to all products, such as packaging. For argument's sake, businesses cannot make any medicinal claims when marketing general products. So, there are other laws that businesses must abide by even though they are not specific to cannabis laws and regulations in the country at the moment.
Another issue is the Proceeds of Crime Act. UK companies who have invested in cannabis businesses abroad may face problems if they have funds that are generated from activities abroad which would be illegal if that same activity occurred in the UK
What challenges may businesses face in this industry?
One of the biggest difficulties businesses in this area face at the moment is getting bank accounts and payment services to support them. Very few providers are willing to take on the reputational or legal risk, which arguably, is understandable. If a business sways into the territory of accidentally using too much THC for example, bank providers are essentially linked to illegal drug dealing, which obviously concerns such providers. Either way, we have a number of providers that we work with that are prepared to provide those types of banking accounts and payment facilities to clients, as most common business bank account providers will close your accounts if they find any connection to the cannabis industry.
Until recently in the UK there had not been any formal guidance released confirming to what extent (if at all), the authorities intended to enforce certain EU guidance, in the UK. This created a whole different area of difficulty, as many local and border authorities did not (and still do not) understand the law, nor the Government’s position in terms of how the EU guidance was to be implemented in the UK).In addition, many businesses and authorities alike do not appear to understand the applicable exemptions. So we have seen trading standards and other enforcement bodies ceasing shipments, raiding warehouses and taking legal products off the shelves which, obviously, if you’re a business and have customers relying on you, is not ideal.
Another issue is the Proceeds of Crime Act. UK companies who have invested in cannabis businesses abroad may face problems if they have funds that are generated from activities abroad which would be illegal if that same activity occurred in the UK. Any income made this way can be treated as criminal proceeds. This is an issue for those investing in the cannabis industry, yet there is a good argument to say that the Proceeds of Crime Act shouldn't apply in this country in relation to cannabis investment, as we haven’t got any legal certainty on most of our cannabis laws yet ourselves. On the plus side, we haven't seen any arrests in the UK for any overseas activities under the Proceeds of Crime Act.
Another challenge is advertising and marketing, as aforementioned, it is very tricky because you can easily make a medicinal claim accidentally on your packaging when you're not allowed to make them. It becomes tricky, as you can suggest your product might help to reduce certain symptoms, but you have to be very clear it is not acting in replacement of medicine or used to treat any specific illness among other things.
I think we are going to get much better guidance from domestic regulators soon, which will bring certainty to the industry
Product composition is also an issue; unlike other industries, if your product isn't as pure as one may expect it to be, i.e., if it has traces of THC in it - it is not just a compliance or quality issue, but also a criminal drugs offence, which is a much more serious offence than what other companies selling, baked goods, for example, may face. It is probably one of the riskiest businesses I have seen to date.
From what we have discussed so far, what changes do you envision occurring?
I think we are going to get much better guidance from domestic regulators soon, which will bring certainty to the industry, and hopefully, soon we will have bespoke cannabis regulation. We are gradually seeing more payment providers opening up to the idea of providing these facilities and the taboo associated with cannabis is slowly disappearing, which will help a lot. This will slowly, but surely, see to better quality cannabinoid wellness products, and ultimately more prescriptions for medicinal cannabis in this country, as people realise it is not this unsafe, scary drug, but a legitimate, ground-breaking medicine.
Elliott Rolfe
Associate Solicitor, London
elliott.rolfe@mackrell.com
+44 (0) 20 7240 0521
+44 (0) 2039726790
About Elliott Rolfe:
Elliott joined the firm in 2019 as part of the fast-growing Cannabis Law team. Having previously worked in a regulatory role as a solicitor for major investment banking institution, Credit Suisse, Elliott has a strong background advising on a range of complex legal issues.
Having acted for various banks, Elliott is experienced in liaising with multi-national civil and criminal regulators in a variety of contexts and advising on a broad range of EU and international regulations.
Before joining the world of banking, Elliott worked as a specialist litigation paralegal at a ‘Magic Circle’ law firm.
Elliott is keenly interested in drug policy reform and regulation and is a supporting community member of the organisation DrugScience – the leading independent scientific body on drugs in the UK.
Elliott holds a Certificate in Medical Cannabis from the University of Colorado, completed an undergraduate degree in Philosophy and Psychology at the University of Kent, and holds a Diploma in Law and a Postgraduate Diploma in Legal Practice.
He is part of the firm’s stated intent to be at the forefront of legal developments in medicinal cannabis and other psychoactive substances, so that he can provide clients with advice on these emerging areas of law.
About Mackrell. Solicitors
Founded in 1845, Mackrell. Solicitors is a truly International Central London headquartered law firm providing legal expertise for all your individual and business needs. As founding member of the 30+ years world-leading global network, Mackrell International, we guarantee our clients immediate international legal advice from almost anywhere in the world.
An Introduction to IP protection in China
The IP legal system in China provides protections on patent, trademark, copyright, trade secrets, integrated circuit layout design and geographic indications. There are three patent categories: invention, utility models and design. In 2019, around 4.4 million patent applications were filed, with 1.4 million being inventions, 2.3 million being utility models and 0.7 million being designs. The increasing rate of patent filings is around 10% annually.
Until February 2020, the total valid invention patents were at 2.7 million, utility model patents 5.4 million and design patents 1.86 million. China is a member of the Patent Cooperation Treaty (PCT) and until February 2020, a total of 68,000 PCT applications were filed. Huge amounts of trademark applications are filed every year, and in 2019 the filing number was at 7.8 million. By February 2020, total valid trademarks were around 25.93 million, total approved geographic indications trademarks were 5,474 and 28,396 IC layout certificates were issued.
Until February 2020, the total valid invention patents were at 2.7 million, utility model patents 5.4 million and design patents 1.86 million.
The court system applies the “1+3+21” mode, in which the Supreme Court IP Tribunal which was established in January 2019, hears appeals of IP cases on the second instance; on the first level, there are three specialised IP courts in Beijing, Shanghai and Guangzhou which were established in 2014 and 21 IP specialised tribunals established during 2016-2019 to have cross-regional jurisdiction on certain IP cases in the province to which the city belongs or its neighbouring cities. There is no case law in China but the Supreme Court occasionally issues Judicial Interpretations of various IP laws to address new legal issues. Anti-unfair competition law and Anti-monopoly law are adopted in China to regulate behaviours of enterprises and to keep business competition in good order. The typical remedies for IP right holders include automatic injunction and damages. A multi-dimensional system has been formed to protect IP rights from multiple perspectives in China.
By February 2020, total valid trademarks were around 25.93 million, total approved geographic indications trademarks were 5,474 and 28,396 IC layout certificates were issued.
What needed changing in regard to IP protection?
The Chinese IP legal system was not mature but remained to evolve over the years. The most fundamental element that needed to be improved was the mindset of respecting IP rights and finding any resolution to protect such rights. This was somewhat reflected in damages awarded by the courts in IP infringement cases. There is one statistic from a university in China in 2013, which states that the average damages awarded for invention patent infringement cases were around RMB 80,000 (USD 11,000), which is far less than attorney fees.
Since 2014, the economy in China has gradually developed to be more innovation-driven.
One reason for such low damages seven years ago could be explained by the ‘Civil Evidence Rule’, which was not very favourable to IP owners. Most “burden of proof” was on the IP owner, for example, the patentee side, even for damages. However, the sales record to prove the number of infringed products sold was controlled by infringers, which cannot be accessed by IP owners. Therefore, IP owners could, at most, only provide indirect and secondary evidence, somewhat not deemed convincing by courts, thus leaving little possibility for high damages.
From the trademark side, bad-faith registration, including bad-faith filings for free-ride and huge volume filings merely for sale for profit rather than using, could also be a reason for those low damages, since such IP owners are not authenticated thus not deserving of legal protection for respective innovations.
From the trademark side, bad-faith registration issues become the legal system’s focus.
What has changed in order to tackle such issues?
Since 2014, the economy in China has gradually developed to be more innovation-driven. IP rights are playing critical roles in generating revenue. In this situation, China is paying more attention to protecting the interests of such innovations. From high government level, the spirits of “strict, equal, broad scope and quick speed” protection are promoted as strong IP protection and it is under discussion for the incorporation of punitive damages. The Supreme Court and local high courts are all issuing guidance on increasing damages and making the Civil Evidence Rule to be favourable for IP owners to collect evidence.
In October 2019, the Evidence Rule was updated to incorporate an “evidence sanction system” to force infringers to provide accounting books and financial materials on infringing products. One result is that damages awarded by courts are increasing, up to an average of 0.3 - 0.5 million RMB, since infringers now have to submit evidence stating their products’ sales amount, otherwise, the courts shall conclude IP owners’ evidence on damages. Some IP infringement judgements are issued with rather high damages, such as Huawei v. Samsung patent case awarded damages of 80 million RMB in 2017, air conditioner Gree v. Aux series patent cases awarded damages of 46 million RMB in 2018, and Xiaomi trademark infringement case awarded punitive damages of over 60 million RMB in 2019.
In 2019, around four patent group cases were initiated between the competitors with high damages that claimed over 20 million RMB
Further, although there is no Case Law system in China, the precedent cases guiding mechanism is in the making, so that judges generally will consider similar precedent cases to avoid different decisions on almost the same facts and circumstances. In practice, lawyers are welcomed to provide similar precedent cases for reference by judges. Moreover, the pendency for legal proceedings is also as short as one to one and a half years for the first instance and four to eight months for invalidity procedure.
From the trademark side, bad-faith registration issues become the legal system’s focus. Detailed scenarios of bad-faith registration have been listed as guidelines from the courts in 2019, so that courts may accurately identify bad-faith acts in practice.
The impact these changes has had on businesses
Enterprises are feeling the benefits of such strong IP protection. From the patent side, more companies are conducting FTO analysis before new product research is initiated. Companies are also making plans on patent portfolio layouts to protect their markets. With accumulated patents strengths, companies are leveraging those patents as weapons, especially to create barriers for competitors applying for IPO. In 2019, around four patent group cases were initiated between the competitors with high damages that claimed over 20 million RMB; the defendants have to cancel their efforts for IPO since it is regulated in China that companies for IPO should not be involved in any litigation.
For enterprises involving telecommunication technology, Standard Essential Patents (SEP) are their most valuable assets. Guidelines for SEP infringement cases are issued in Guangdong and Beijing High Courts to provide guidance on how company behaviour could be considered as “FRAND” (fair, reasonable and non-discriminatory). Communication during the SEP licensing negotiation process among enterprises is carefully reviewed to evaluate which side has faults. This is sure to bring good order between competitors in the telecommunication industry.
The long-term impact and further changes are on the horizon
With a strong IP protection spirit alongside automatic injunction and huge markets, China is becoming a favourable jurisdiction for international companies to solve their IP disputes. Patent and trademark filings will steadily be on the rise in the future. For enforcement, there were over 20,000 IP cases accepted in courts all over China in 2019 and more than that number can be anticipated in the years to come.
IP right holders are gradually asserting combined IP rights from different perspectives, for example, asserting trademark infringement plus anti-unfair competition claims, to seek judicial reliefs in multi-dimensions and more chances for court support. Surely, there new and more complicated IP issues will emerge, and more and more high-profile cases with high damages will be issued in 2020. This is a challenge for the IP legal system in China, but it is also the opportunity for the country to perfect this system to construct a sound business environment.
Contact Details:
Email: gyyao@liu-shen.com
Phone: +86 15101078357
Line: 008610 62681616 ext. 7008
Established in March 1993, Liu, Shen & Associates is a patent and trademark agency designated by the Chinese government to deal with patent and trademark affairs involving overseas parties.
They are also registered at the Ministry of Justice. As a three-in-one firm, Liu, Shen & Associates has the capability to serve its clients in all phases of intellectual property: acquisition of the rights, transfer and/or licensing of the rights, investment with the rights, enforcement and protection of the rights, and related litigation and administrative proceedings.
Mr Yao specialises in providing legal services related to patent law. Based on his extensive experience from patent prosecution and litigation in almost fifteen years, Mr Yao has a deep understanding of the spirit of China’s patent legal system. As the leading attorney, Mr Yao has handled patent disputes for various international and domestic enterprises. He has the expertise to design overall litigation strategies based on specific cases and also a strong ability to summarise and analyse case details for his client’s benefit. Mr Yao is proficient in patent searching, with excellent skills in combining searching resources, established with a solid basis for the success of patent invalidation.
When someone is first charged with a crime, there is a long process between the initial charges and the possibility of a trial. In fact, very few cases ever make it to trial at all, between the possible resolutions like having a case dismissed, agreeing to a plea bargain with a prosecutor, or even outright dismissal of the charges based on something like a lack of evidence. As you can imagine, this means that most defense lawyers have an extensive amount of experience defending their clients in the lead-up to a trial, but do not have nearly as much experience standing up in court during a trial. This is where a trial lawyer comes in.
In the United States, there is nothing barring a defense lawyer from acting as a trial lawyer; in fact, there is nothing stopping a defendant from representing themselves through a trial, although this is actively discouraged. If you are unable to afford private counsel, you will be given a public defender because having legal representation is very important in the United States. Take a look below to learn more about why trial lawyers are so important, and why they are different from a defense lawyer.
A defense attorney is a lawyer who focuses on representing a client who has been charged with a crime, beginning with their arraignment where the official charges are read. From the arraignment on, a defense attorney will be with their client every step of the way, and will advise them on entering a plea, making statements during the pre-trial proceedings, and ultimately crafting a path forward to a positive or favorable outcome for their client.
Defense attorneys will handle negotiations with prosecutors and the judge during the pre-trial process in an attempt to reach a plea deal that works for both the prosecution and the defense. In instances of first offenses, this could be a combination of a reduced sentence combined with community service, fines, drug testing, therapy, and more. Ultimately, the goal of your defense lawyer is to avoid going to trial so that you can retain a say in the matter. Once your case goes to trial, the outcome is entirely up to the judge and jury.
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If your case needs to go to trial, meaning you have gone through every step of the pre-trial and have still been unable to reach a resolution, then the next step is the actual trial. This will involve a variety of additional steps that many defense lawyers may never need to go through during their career, including jury selection, cross-examining witnesses, and communicating a clear and strong argument under the high pressure of the trial atmosphere.
A trial is so different from all of the prior pre-trial steps that in many countries, such as Britain, defense and trial lawyers are considered entirely different (known as solicitors and barristers in the UK). While there is no legal distinction between a trial lawyer and a defense attorney in the United States, any legal professional will tell you that there is a significant difference in duties and expertise between the two fields.
Given the fact that a defense attorney and a trial lawyer may be two different people for your case, it adds a new layer of complexity if you are preparing to go to trial. A car accident from The Barnes Firm shares the difference between the concepts: in the U.S, a lawyer is an individual who is qualified to provide legal advice and represent individuals in legal matters. On the other hand, an attorney is a lawyer admitted to practice law in a particular jurisdiction. Luckily, trial lawyers are there to step into your case specifically for trial and can facilitate a hand-off or collaboration with your defense attorney so that they can step into court with as much information as possible, and a clear goal for an aggressive trial.
An American Permanent Resident Card, otherwise known as a green card, has an expiration date attached to it that is important to keep a close eye on. If you accidentally run over on your green card, you will need to take immediate steps in order to minimise the impact that this lapse has on your life. Regardless of how insignificant or serious this lapse may seem once you realise it, you will likely want to hire an immigration lawyer to help you settle all of these issues and ensure that you can avoid as many negative consequences as possible.
However, there are many different possible consequences that you will face regardless of whether you have an attorney helping you through your case or not. Take a look below at some of the things that you can expect to happen to you if your permanent resident card expires and you have not taken the appropriate action to either file for an extension or been naturalized as a United States citizen. These possible impacts are important motivators when it comes to planning for the long-term process of coming to, and remaining in, the United States.
Keep in mind that an expired green card does not mean that your permanent resident status is voided, only that you will need to get a new card as soon as possible so that you can avoid some of the issues that we will list below.
When you are a permanent resident and you find a new job, your employer will likely need to see proof (they are legally required to do so) before they are able to hire you. Whether or not you are legally able to remain and work in the country under the privileges afforded you by your permanent residency, you will need to provide current proof to your prospective employer in the form of an active permanent resident card.
If you have been convicted of any felonies since you last applied for your green card, and you are trying to renew an expired card instead of taking steps before it lapses, you may find yourself in a situation where you could be facing removal by deportation. If you know that you have criminal charges on your record that could interfere with any type of residency issues, it is absolutely essential that you follow all requirements exactly to avoid issues.
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In order to travel in and out of the United States as a permanent resident, you will need to have a current green card to provide during a passport check, along with a valid passport from your home country. If you are not able to provide one, or either, of these documents as you attempt to enter the country, you may find that you are not allowed through passport control and will need to take drastic steps in order to get back into the country.
Depending on how long you allow this lapse to continue, the United States may consider you to have voluntarily abandoned your status. If this happens, you will need to prove that you intended to return in order to renew your green card, as well as a variety of other additional steps. However, this will only take place after an extended lapse.
One of the biggest challenges during any large-scale crisis is how businesses react to emerging developments. We are seeing this happen with COVID-19, with each day bringing further news. UK airlines have requested a £7.5 billion payout to aid the impact of widespread border control and hotel closures impacting the travel industry. The impact on the aviation industry has seen a drop of 24% to Boeing’s stock price to $129.61, as of March 16. In the car industry, the crisis has seen Honda close both UK and North American plants due to “falling demand”. These are just some of the many examples of the impact the virus has had throughout different sectors, with many more expected in the coming days. When it comes to the financial sectors, there has been no exception, with many companies who do not have available cash reserves in times of need, facing laying off employees or risk closing altogether. So, what are the main issues being faced amongst the financial sectors?
According to the International Labour Organisation (ILO), 25 million jobs could be lost worldwide due to COVID-19, levels not seen since the economic crash of 2008. The reason this is happening is because of the issue that many companies do not have the resources to continue to pay staff if levels of business continue to be impacted. This is why the tourism sector has been hit particularly hard with travel bans in place all over the world, affecting hotels, restaurants and bars in many usually vibrant areas. Across the financial sector, large companies including Lloyds Banking Group, Virgin Money and Direct line Insurance are set to cut more than 2000 jobs by October, this being announced before COVID-19 had become a bigger issue in the UK. The result means a lot of these planned job cuts may come sooner than expected. With more people moving away from branches and using online services instead to apply and find the information they need, such as guides to payday loans, mortgages, personal loans and more, the changes shouldn’t affect the consumer’s experience when they need vital information during this uncertain time.
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The FTSE 100 recently recorded its biggest one-day loss since 1987 on March 12, prompting anxiety within the markets that a global recession could be just around the corner. This means many of the large banking and financial organisations are having to make rapid adjustments so that at some point they can recover. Also, the pound fell lower than the dollar by 5% in just one day, its lowest level since 1985, partly due to investors unsure on how the government's stimulus package of £350 million will be financed. For finance companies in general, the negative impacts will inevitably affect how lending for the corporate and personal sector will proceed. Contingency plans will already be underway on how to minimise what’s to come.
With social distancing well underway, many who can have begun working from home. The challenges this creates for financial services include how to monitor staff productivity, ensure safe and secure connections to VPNs due to the handling of sensitive data, to the practical aspects of employees working away from the office. The communication between financial institutions and its workforce is imperative to ensure the smooth ongoing continuity of services. All of these aspects are changing regularly as we move through the crisis.
What’s clear is that from businesses to consumers, the way this is all going to pan out over the next few weeks and months is uncertain. With sales of corporate bonds and leveraged loans stalling, the hope is that the markets will pick up soon to bring the levels back up to where they were only a few weeks ago. The Treasury and Bank of England are both promising new measures to help blunt the continuing impact of COVID-19, so in the meantime, the anxious wait for a positive upturn in events goes on.
Minority shareholders (those who hold less than 50% of a company’s voting shares) are often vulnerable to oppression or abuses perpetrated by majority/controlling shareholders. This can occur because minority shareholders do not typically have the ability to affect the actions of the company. Though the law provides minority shareholders with methods to protect themselves from ongoing unfair treatment, certain criteria must be met for the courts to grant aggrieved parties relief. Shareholder oppression is more common in private companies than it is in publicly traded corporations (though it can still happen). Before a shareholder can prove that the majority has engaged in oppressive conduct, they must be able to recognize what it is and what actions they can take to gain relief from said actions. According to business attorney Wade McClure, “each situation is unique and requires an experienced professional to recognize exactly what happened, and what type of remedy is appropriate.” Listed below are common examples of shareholder oppression.
Shareholder oppression covers a wide swathe of activities that can be considered oppressive conduct. Due to the nature of business and the specific issues that each company deals with, there is not a “one size fits all” definition for shareholder oppression. Notable examples include:
● Majority shareholders making decisions that are in their own best interest while suppressing minority shareholder votes.
● Majority shareholders using their leverage to dilute minority shares.
● The fundamental change in the structure or nature of the business that marks a change in the initial agreement when the relationship was formed (i.e. loss of substratum).
● Minority shareholders being excluded from management decisions, financial decisions, and/or profit participation.
● Denying dividends (or refusing to declare) to minority shareholders in lieu of higher salaries, bonuses, or other benefits for the majority.
● Fraudulent activities carried out by the majority and/or controlling shareholders.
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There are countless examples of shareholder oppression. However, proving that majority shareholders have engaged in oppressive conduct is no easy task. This can be especially true of private companies that are not required by law to publish information about their company finances and interworkings. A successful shareholder oppression claim will require that the complaining party proves that the majority or controlling shareholder has engaged in the following conduct:
It should be noted that oppressive conduct can include actions taken against minority shareholders outside of their capacity as a shareholder. For instance, if they are discriminated against and/or given prejudicial treatment as a manager or director (that holds shares), it can still be considered an act of shareholder oppression.
Shareholder oppression comes in many forms. Most are subtle and not easily noticed. While it is certainly advisable to formally complain to majority shareholders if acts of shareholder oppression are recognized, this does not always yield positive results. In many cases, complaints are pacified and/or ignored with little to no action taken. Working with an attorney can help minority shareholders to gain relief from oppressive tactics (potentially without having to go to court). In the event that your issues are not remedied, an adept business attorney will have the right tools and experience to investigate the case and mount a strong case against the majority shareholders in court.
Most of the times, tenants are decent human beings. But there are times a landlord might get stuck with a tenant from hell who may make them question their own existence. Damaged property, nuisance, rent arrears can make your once-peaceful life a living nightmare.
Hopefully, there’s always a way out. Depending on how desperate your situation is, you can try one or several of our ways to make a bad tenant leave.
The lengthiest and costliest method to get rid of an unwanted tenant is eviction. It may take between 4 to 8 months to force a tenant out. It involves hefty legal fees, headaches, and complications. There’s also the permanent stress of being around an uncooperative tenant. He or she might, at some point, consider denting your praised possessions just out of spite. Just like divorce, eviction might get ugly.
That’s why most landlords avoid the procedure like the plague. Eviction, though, comes into play only when the tenant refuses to leave the rented premises. And he or she no longer has a legal right to stay there. Some bold landlords may resort to the so-called self-help eviction. This means that they physically throw the tenant or their stuff out of the rental without assistance from a bailiff.
Self-help eviction, with a few exceptions, is a criminal offence and landlords face potential prison time. Bear in mind that veiled forms of self-help include:
So, these are the illegal actions you could take to get rid of a bad tenant. Hopefully, there are legal ways to make sure they leave without eviction.
Self-help eviction, with a few exceptions, is a criminal offence and landlords face potential prison time.
Under a tenancy agreement, a landlord cannot raise the rent on a whim. Only if there’s a periodic tenancy, you can do it. This means that the tenancy agreement gets renewed automatically on a weekly or monthly basis. So, you can raise the rent from one month to another and make the bad tenant leave.
Under a fixed-term tenancy, aka assured shorthold tenancy (pdf), you can raise the rent when the agreement expires. So, if the tenancy expires after 10 months, waiting to raise the rent not that great. Plus, some tenants may not be disturbed at all by a rent hike.
Also, a tenant might have dutifully paid rent in the past, but their financial situation worsened and they can no longer pay on time. Try to negotiate. Your tenant might already be under a lot of pressure because of not being able to pay rent. You can help relieve that pressure through a payment plan you both agree on.
For instance, you could allow the tenant to pay what is due in smaller fractions over a month. This way you help them buy some time until they manage to get their finances back on track. Don’t forget to mention “eviction” during the negotiation phase. You’ll instill a sense of urgency in the misbehaving tenant.
You’ll be surprised by what a simple eviction reminder can do to a tenant’s mind. He or she might find the money literally overnight to erase the prospect of ending up on the streets. That scenario is all the more possible as there are countless alternative online direct lenders which can loan them up to £1,000 in as little as 24 hours if they’re willing to do their research right. Poor credit is not an obstacle either.
Surprisingly, many bad tenants will pack their things and leave if you ask them nicely but firmly to do so. Horror stories about horrendously uncooperative tenants are rare. Around 80% of tenants quit after getting a possession notice.
Possession notices are notices given by landlords to their tenants to leave. There are two types of possession notices: Section 21 Notice of Possession and Section 8 Notice to Quit. Section 21 notice must be served two months prior to the expiry date of the tenancy. The landlord doesn’t have to bring any reasons for why he would like his property back.
You can serve a section 8 notice when the tenant breaches the tenancy agreement terms. He or she might be constant nuisance to the neighbors or fail to pay rent on time.
Many veteran landlords recommend “killing them with kindness”. Even if rent has fallen into arrears, do not threaten or embarrass the tenant. Maintaining your composure is critical even if the tenant is uncooperative. If you are kind to them, they’ll feel obliged to change their tone too. You don’t have to be rude or aggressive when asking for what’s yours. But you’ll have to be firm and stand your ground.
Plus, make sure that you notify the tenant that he or she is late with payments as soon as the due date runs out. If you let the due date slide, your tenant might assume that he or she can get away with it as you don’t seem to mind.
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If everything else fails, and the bad tenant refuses to quit, you could try enticing them to leave with free cash. Some tenants will cut ties with you for as little as a few hundred pounds. Others might want a bit more. Ponder your situation. See whether you would be better off giving them cash for the keys than starting the evacuation proceedings. You don’t want to be stuck with a nightmarish tenant for several more months, either.
This method makes many landlords’ blood boil. No one in their right mind would reward awful behavior. But in the long run, it is the most effective (and less costly) way to get rid of a bad tenant.
Do you remember the TV show Silk? It was TV drama series about barristers written by Peter Moffat based on his experiences of being at the bar. If you are thinking of pursuing a career at the bar it is worth watching – you can decide what is fact and what is fiction! Below, Francine Ryan, Senior Lecturer in Law and member of the Open Justice Centre at The Open University, explains what to expect from a career as a barrister.
If you think you are the next Amal Clooney or Michael Mansfield, then there are three elements to becoming a barrister.
The vocational element is changing from September 2020. You can find out more about the new Bar Qualification rules here. The professional statement sets out the knowledge, skills and competencies that barristers must have on ‘day one’ of practice.
So, you have defied the odds and obtained a pupillage – well done! You can now start the real training to become a barrister. Pupillage is completed in a set of chambers under the guidance of a pupil supervisor. The experience of pupillage very much depends on your pupil supervisor and the chambers you are in. During pupillage time will be spent preparing pleadings, going to conferences, and attending court. The second Six builds on those experiences and involves going to court regularly. The work will be varied, you are likely to be out a lot travelling to different courts. In terms of what you do each day much will depend on which practice group you work in. Once you have completed your pupillage, you apply for tenancy which is a permanent position as a barrister with a set of chambers.
The experience of pupillage very much depends on your pupil supervisor and the chambers you are in.
One thing is for certain you definitely won’t be working 9 to 5! A lot of time is spent in court, so you need evenings and the weekends to prepare cases. If you are travelling to court a long distance away it can involve quite early starts. What many barristers enjoy is the variety of work that is challenging and intellectually stimulating. Your clerk is responsible for managing your diary. A barrister builds their reputation from conducting cases therefore you want a full diary not only to gain experience but to develop your practice. Barristers are self-employed their earnings depend on the types of cases they conduct and how busy they are.
Most barristers are attached to a set of chambers, with each barrister contributing to the financial costs of running chambers. Many barristers enjoy the freedom of being self-employed, it provides more independence and autonomy than working for an employer. Some barristers may choose to be employed and work for organisations such as the Crown Prosecution Service.
Although barristers work for themselves, they are part of chambers. The culture in many chambers is friendly and collegiate with more senior members of chambers providing advice and guidance on cases, but some barristers can find the job quite isolating and lonely. The bar council is very keen to address wellbeing at the bar and encourages barristers to support each other.
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If you are thinking of becoming a barrister, you should get involved in mooting competitions offered by your university. This will give you an opportunity to develop your presentation and advocacy skills. It will help you determine whether you enjoy public speaking and how well you can cope with the pressure and scrutiny from a judge. The Free Representation Unit also takes on volunteers and gives them opportunity to represent clients at the Social Security and Employment Tribunals. Barristers chambers offer mini-pupillages where you shadow a barrister and can gain first hand knowledge of what life at the bar is really like.
It is important to recognise that being a barrister can be quite stressful and you need to think carefully about whether this is the right career for you. Make sure you do your research, think carefully about whether a career at the bar is most suited to your personality, speak to other people to get an insight into what it is really like working as a barrister. To find out more read the Q & A with Angelina Nicolaou, a barrister at One Pump Court.
