On Sunday, Taliban militants retook Kabul, almost two decades after being driven from Afghanistan's capital by US troops, leading to widespread concerns for Afghani citizens, particularly women, children, and minority groups. 

In the UK, legal groups Bar Council, Bar Human Rights Committee, and Law Society have expressed grave concern about the fate of at least 250 female judges in the country. The groups have issued a joint statement on the situation: 

“The Bar Council, the Bar Human Rights Committee of England and Wales, and the Law Society of England and Wales are gravely concerned about the situation in Afghanistan and the fate of all those who are working in the justice system of Afghanistan who are now facing a perilous future as the Taliban have taken power. We are extremely worried about the situation of at least 250 women judges in the country who we consider to be at particular risk. We urge the UK government not to abandon these courageous defenders of the rule of law and – in liaison with its international allies – to offer evacuation and safety and asylum in the UK to those women judges, their families, and other members of the legal profession who are in serious danger.” 

The UK parliament is being recalled from its summer recess to debate the quickly-working situation in Afghanistan. 

On 5 July 2021, the European Court of Auditors (ECA) published a report on the application of the polluter pays principle in the European Union. This report was intended to determine whether the principle was appropriately applied in four EU environmental policy areas, namely industrial pollution, waste, water, and soil.

Two main issues justified this audit:

• Pollution represents a significant cost for society and is a key concern for EU citizens.
• The polluter pays principle has a key role in enabling Europe to reach its environmental objectives in an efficient and fair manner.

The polluter pays principle was created for the first time in 1972 by the Organisation for Economic Co-operation and Development (OECD). In 1992, the United Nations Declaration on Environment and Development recognised this principle as one of the twenty-seven guiding principles for future sustainable development.

The scope of the polluter pays principle has significantly increased since its creation. Indeed, at first, it only concerned the prevention and control costs against pollution. It was then extended to the costs of the measures taken by the authorities to address pollutant emissions and was then further extended to cover environmental liability. In other words, polluters should theoretically bear all the costs of the environmental damage they cause.  Consequently, the European Commission needs to draft legislation based on the polluter pays principle and all Member States need to transpose, apply, and enforce environmental directives and regulations.

In France, the polluter pays principle is covered by Article L. 110-1 of the French Environmental Code according to which "the costs resulting from the prevention, reduction of pollution and fight against such pollution shall be borne by the polluter". This principle has a constitutional value given that it is implicitly mentioned in the body of the Environmental Charter, which provides that "any person shall contribute to remedying damage caused to the environment, in the conditions laid down by the law" (Article 4). Consequently, the polluter pays principle is used as a legal basis for the new rules on the indemnification of environmental damage created by the Biodiversity Law of 2016.

In the scope of its audit, the ECA has noted that the polluter pays principle is not applied uniformly. Indeed, it is not applied to the same extent depending on the environmental policy area:

• With regards to the industrial sector, the polluter pays principle would be relatively well applied to the most polluting installations. This would not, however, be the case of residual pollution, the cost of which for society is still high according to the ECA. Indeed, in most Member States, polluters would not bear the cost of the emissions they generate when they are below the authorised thresholds.
• With respect to waste, the ECA recognises that the legislation takes the polluter pays principle into account, but it does not guarantee that the polluters will pay the entire costs of the pollution. Public investments are often necessary to overcome the financing deficit.
• In the area of water pollution, the result is clear: polluters would not bear all the costs of their pollution.  For instance, EU households would pay most of the cost of water supply and sanitation even though they consume only 10% of this water.
• Lastly, the ECA regrets the absence of EU legislative instruments with regards to soil pollution and the cleaning-up of polluted sites. While some Member States have very comprehensive national legislation in this respect, this is unfortunately not the case for each one of them. The Court however recognises that the application of the polluter pays principle in the soil pollution area is not easy due to the difficulty in identifying the responsible polluters in the event of diffuse soil contamination.

The ECA concludes its report by stating that the coverage and application of the polluter pays principle is still widely incomplete. The Court further notes that the budget of the European Union is often used to finance decontamination actions, the costs of which should, pursuant to the polluter pays principle, be borne by the polluters themselves.

As a result, to help better integrate this principle, the ECA has issued three recommendations for the attention of the European Commission:

• Firstly, it encourages it to assess the scope for strengthening the integration of the polluter pays principle into environmental legislation, by the end of 2024. The ECA suggests that the Commission review downwards the authorised emissions thresholds to reduce residual pollution and focus its actions on the fight against diffuse water pollution, regardless of its source.
• Furthermore, the ECA suggests that the Commission consider reinforcing the application of the Environmental Liability Directive, by improving the criteria used to define the environmental damage to which the Directive should apply and by increasing the use of financial guarantees.
• Lastly, the ECA suggests protecting EU funds from being used to finance projects that should be funded by the polluter. To do so, the Court invites the Commission to check that the funds of the European Union can only be used for decontamination purposes provided that the competent authorities have done all they could for the polluter to pay for its pollution. The Court of Auditors also counts on the use of financial guarantees covering environmental risks that should, in its opinion, be made compulsory. Today, seven Member States, namely the Czech Republic, Ireland, Spain, Italy, Poland, Portugal and Slovakia, require a financial guarantee for all or part of the polluters' environmental liabilities.  

This report will undoubtedly push the European Commission to legislate and order the Member States to all have a homogeneous approach to the polluter pays principle, irrespective of the type of pollution at stake. Companies should anticipate this when entering into Lease or Purchase agreements of sites and/or buildings to ensure that any and all pollution that may be identified in the future remains the burden of the previous owner for instance. Indeed, there is a limit to the polluter pays principle which is of significant importance: contractual clause stating otherwise. 

About the author: Sylvie Gallage-Alwis is a partner at the Paris office of specialist commercial disputes law firm, Signature Litigation. 

With special thanks to Clara Heising, trainee at Signature Litigation.

Like every industry, law firms have spent more than a year working remotely due to the pandemic, and only now are some of them beginning to transition back to the office. For partners and other managers, the pandemic has been a struggle in quickly knowing which associates are available and who is the best candidate to help on a matter. As we look toward a future of remote and hybrid work, this problem is only increasing. On the positive side, this is the perfect time for law firms to look at options for modernising the way they allocate work. 

Even before COVID, finding the best available people in a law firm was a challenge, especially when a firm had multiple offices and associates who travel for work. Partners may have just defaulted to working with whichever associate was most visible or familiar to them. Firms that have shifted assigning power to resource or work allocation managers were doing their best to make sure their lawyers were all being utilised at capacity, but it’s hard to pinpoint who is most available and most competent when associate data and information are scattered. Today’s utilisation problems are bigger than ever, and they need to be solved faster and better.

COVID has been a trial run for the future of hybrid law firms

A CBRE survey of law firm clients found that 72% believe all of their attorneys and staff will have a degree of flexibility to work remotely, even beyond the pandemic. Law firms have been downsizing office space and considering shared office solutions, such as hotelling.

“Many law firms have worked hard to develop systems during the pandemic to closely monitor work allocation while conducting more frequent check-ins with associates,” reports Thomson Reuters. “While those should continue, there will be a need for additional mechanisms to manage hybrid teams.” 

These mechanisms include training for managers and partners on tools to “distribute opportunities equitably both to in-office and remote workers,” as well as guidance for associates on how to “stay top-of-mind for assignments while also setting boundaries and adopting habits to avoid work burnout.” 

Law firms need an effective way to staff matters with accuracy

What firms are missing is a way to help partners and resource or work allocation managers quickly determine who is available and has the right background and skills for each matter. Without an easily searchable database tracking lawyer availability, demographics, and experience, assigning and scheduling lawyers for matters is either a guessing game or a very long process. Either way, firm performance suffers. 

Not only will poor capacity planning reflect badly in client work, but it will also lead to over and under utilising associates. The ones who have too much work on their plates will risk burnout. The ones who don’t have enough work will miss out on chances to develop their skills and are at risk of being unsatisfied and leaving the firm. Diverse associates can easily be overlooked and won’t be given equal opportunity to develop and advance in a firm. 

Utilisation can be improved with cross-office and cross-practice work allocation

As industries are affected by COVID, different law practices and office locations can see a surge or reduction in business, and firms need more options for cross-office collaboration. If the California office is overloaded with work because the tech sector is thriving, they can mitigate employee workloads by getting help from other office locations where the client work has been reduced during the pandemic.

In general, low visibility on lawyer availability across offices is a missed opportunity for firm-wide collaboration and balancing workloads. Now that hybrid work is on the rise, staying up to date with the availability and skills of all the firm’s associates, whether they’re working from home or in a different office, has become even more necessary for effective teamwork. 

Upgrading work allocation systems with technology

As part of its people management platform, viGlobal has created a work allocation solution that focuses on improving capacity planning and equitable work distribution. It looks to put smart tools in the hands of partners and resource or work allocation managers. 

Requests for associates can specify the demographics, diversity data, skills, and experience level needed for a matter. Individual associate profiles are then filtered to pinpoint the most available and qualified associates, and users can explore an associate’s data, including their interests and matter experience, to make quick and effective staffing decisions.

“Law firms are looking for a way to find great lawyers to put on matters and projects,” viGlobal President and CEO Andrew Talpash said. “Our clients have told us that they not only need to know who is available across their office locations, they need to know whether they’re a good lawyer with the right competencies to do a great job for the client at hand.” 

viGlobal said this solution can ensure that all lawyers are billing at capacity and have an equitable workload in terms of quantity and quality. The work allocation solution can also be used to staff non-billable work or to allocate work to legal support staff.

Unlike other professions, law firms rely on documents daily. So to say, one case may require the legal team to generate an entire library of documents, ranging from court filings to briefs and affidavits. Even in their large numbers, legal documents should be maintained in pristine conditions to be validly accepted and maintain professionalism. This is why understanding how to edit legal documents is important for any legal team.

Unfortunately, some errors may occur in between cases, client meetings, and preparing the document. If you are tasked with preparing a legal document, below are important things you should know.

1. Plan the Document Before You Start

Planning the document involves laying down the foundation for the editing process. In this stage, you should establish the following;

• The target audience or who the document is addressed to
• The purpose of the document – might be a lawsuit or for legal communication
• Important information, statements, and facts to include
• Terminology and style guide to use
• Other contributing members to the document and individual responsibilities

Once you have gathered the details above, create a realistic timeline for completion of the document. Note that the document may undergo several revisions and edits before being approved.

2. Use the Correct Grammar and Formatting

Grammar and formatting rules not only apply to legal documents. They apply to business documents and other types of writings. However, for legal documents that quote the law, correct grammar, spelling, and formatting are imperative. You should be fastidious with your punctuation and grammar to avoid confusion within your legal document.

That said, legal writing and formatting styles are as follows;

• Paper size

This is the most basic element of all documents. Different states and countries have varying standard paper sizes for their legal documents. However, North American countries use the American National Standards Institute format. Unlike the standard paper sheet sized 8.5x11 inches, the countries use a large size, measuring 8.5x14 inches. If you intend to publish the legal manuscript, follow all the publishing practices, which include the use of 8.5x11 inches printing paper typed on one side only.

• Font

Despite being the most straightforward part of preparing legal documents, most people still use the wrong font. The type of font used significantly affects the readers’ perspective of the entire document. Some courts accept legal documents prepared according to their specific requirements. For instance, the Virginia Supreme Court has a list of acceptable fonts that legal teams should use when preparing court documents. That said, consult widely to ensure that you use fonts within court-approved boundaries.

• Margins

Margins and spacing are important determinants of the readability of any legal document. Poor spacing not only makes your document illegible but also forces other people to work harder before processing the written information. This may increasingly make it difficult for legal teams, such as employment lawyers, to interpret your writings. Fortunately, word processing programs, such as MS Word, have pre-built margin and spacing templates that make it easy to get the correct settings.

• Printing and binding

If you are required to file court booklets, as it is with most employment cases, you will have to print and bind your documents. This is not a simple process, as it is with other documents. Supreme courts have specific guidelines on how their booklets should be prepared to be validly accepted.

This includes the cover colour used for different filings, the weight of the documents, preferred binding or saddle stitching, and more. Ensure that you are adequately advised on how to print and bind these documents.

While specifications may change, these elements constitute a legal document.

3. Watch Out for Document Corruption

Most people confuse incorrect formatting with document corruption. Incorrect formatting occurs when mistakes occur manually. On the other hand, document corruption occurs when the document has serious problems, including data errors that make it difficult for the document to load.

Document corruption occurs if the document has wrong layout and formatting, screen distortion, unreadable characters, wrong icons, or doesn’t display pictures. For word documents, the leading cause of document corruption is the use of old and outdated files. Therefore, it can easily be avoided if you routinely update the templates.

4. Make Important Information Accessible

Compiling legal documents is undoubtedly lengthy and time-consuming. The same applies to those reading through the document. Therefore, make it easy for the readers by identifying important sections for easy reference. Make use of tags, colour-coded markers, and reference points.

The Bottom Line

Editing a legal document goes beyond the basic formatting required for ordinary documents. Even with the ambiguous nature of legal statements, you should ensure that your document is accurate, grammatically correct, punctuated, and formatted correctly. Additionally, edit your legal documents with an active voice and pay close attention to imperatives.

Blue Origin has filed a suit with the US Court of Federal Claims, arguing that the contract was unfairly awarded to SpaceX. In a statement, Blue Origin said: "We firmly believe that the issues identified in this procurement and its outcomes must be addressed to restore fairness, create competition, and ensure a safe return to the Moon for America.” 

The human landing system (HLS) contract, informally referred to as the moon contract or lunar lander contract, was awarded to SpaceX, owned by Bezos’ billionaire rival Elon Musk, in April of this year. The contract is worth approximately $2.9 billion. 

Since losing the contract in April, Blue Origin has fought resolutely to have the decision reversed. The company filed a protest with the Government Accountability Office, but the watchdog chose to uphold NASA’s decision. In July, NASA administrator Bill Nelson received an open letter from Bezos, stating he would waive up to $2 billion in contract payments for the first two years if the agency agreed to add Blue Origin’s lunar lander to a key phrase of its HLS programme.  

On Monday, NASA said it was aware of Blue Origin’s lawsuit and that it is currently reviewing the case.

It was previously found by a jury that Apple had infringed five Optis wireless standard essential patents. Based on this initial verdict, the jury had awarded $506 million in damages. However, Apple called for a retrial on claims that the jury’s verdict was oversimplified. In an order in April, US District Court Judge Rodney Gilstrap upheld the liability finding but called for a new trial to reset the damages, thus abandoning the initial $506 million award. 

Judge Gilstrap said that jurors should have considered fair, reasonable and non-discriminatory (FRAND) terms when deciding the case. However, the jury did not  hear the term “FRAND” during the trial and were not presented with evidence demonstrating how the concept would affect a fair damages award. 

Consequently, Apple will now pay $300 million to Optis in damages. However, in a statement to Bloomberg, the tech giant said: "We thank the jury for their time but are disappointed by the verdict and plan to appeal. Optis makes no products and its sole business is to sue companies using patents they accumulate. We will continue to defend against their attempts to extract unreasonable payments for patents they acquire."

Slip and fall accidents can take place at any time and anywhere. In some cases, a slip and fall accident may be caused by a person's own clumsiness or negligence. In other cases, the owner or manager of a property may be responsible for an accident.

If a person injures themselves due to the negligence of a business or homeowner, they will file an insurance claim with the owner’s insurance company. The amount of time it takes to receive a settlement will depend on when the insurance claim is filed, the amount of time it will take for an insurance company to get back to you with an offer, and whether or not you find that offer acceptable.

What You Should do Before You Contact the Owner’s Insurance Company

If you fall at a business or residence, you should look around and see what caused you to take a tumble. Was there anything lying in your path that you could not reasonably be expected to see? Were they performing maintenance and did they put up signs around the area to alert you to this fact? Was there a slippery substance on the floor, that they could have cleaned up in a reasonable amount of time?

• It is a good idea to take pictures if you can and to get the names and phone numbers of any witnesses who may have seen the accident.
• If you were injured at a business and you think that the owner of the business or the owner of the building caused that accident, you will want to fill out an accident report with a manager and get the name and number of their insurance company.
• If you are injured on a person's property, you must get the name and number of their homeowner’s insurance. 

You should go to the doctor as soon as you can even if you feel fine. There are some injuries that may take a long time to become apparent. You should save copies of every medical bill you can get, including any physical therapy or massages that you may need. You should also save the receipts for any prescription or non-prescription medicine that you may have taken. You will also need to get a letter from your employer stating the number of hours you have missed from work. 

How long will it take the insurance company to make a settlement offer?

An insurance company in Kansas will have ten days to acknowledge your claim. This will include getting you any necessary paperwork. You should complete the forms as soon as you can because they will have 15 days after receiving those forms to accept or deny your claim.

If they deny your claim, you will want to talk to a personal injury attorney to discuss the possibility of a lawsuit. If they accept your claim, you should speak to an legal expert to find out if the amount of money they have offered you is high enough to accept. If the settlement amount is not high enough, you will want to hire an attorney to negotiate on your behalf. This may take anywhere from days to months.

If you need to file a personal injury lawsuit, you will have two years from the time of the injury to do so in Kansas. Once you file the suit, it can take anywhere from months or years to settle the case. Your attorney and the insurance company will continue to try and come to a fair settlement before going to court. It is only when they cannot come to a fair settlement that your case will go to trial, although this is very rare.

Collecting plenty of evidence and filling out paperwork in a timely fashion will always make your case go more smoothly and more swiftly. 

Kyle Bachus, a founding partner of Bachus & Schanker LLC, explains how you can recover damages in a personal injury lawsuit. 

A personal injury lawsuit is a significant undertaking. In order to recover financial compensation, you must do the right things. A personal injury lawyer is a trained professional that can represent you throughout the process. Of course, no one chooses to get injured. You’d rather not have the painful injuries, medical bills that are piling up and missed time from work that you can’t afford. However, getting a monetary payment can be what helps you reestablish your life. A personal injury attorney can assist you in taking the necessary steps to recover damages in a personal injury lawsuit.

What Is A Personal Injury Lawyer?

Understanding how to receive compensation for an injury begins with understanding what a personal injury lawyer is. They are a licensed professional who is trained to file lawsuits on behalf of injured victims. They represent the victim or stand in their place throughout the case. A personal injury lawyer may undertake a variety of tasks, including evaluating the case for a legal strategy, filing court documents, speaking in court and pursuing evidence. They are a trained representative for their client who takes actions on their behalf in order to claim compensation after a personal injury accident.

Types Of Personal Injury Cases

Personal injury cases come in lots of different forms. Some of the types of personal injury cases that can occur are:

• Auto accidents - Car accidents may involve cars, SUVs, trucks, commercial semi-trucks, bicyclists, motorcyclists and pedestrians. Negligence may occur in many forms like speeding, following too closely, disobeying stop signs and driving under the influence.
• Wrongful death - When a person loses their life because of a personal injury accident, survivors may bring a wrongful death claim. Although the principles of legal liability are the same, there may be differences in the timeline to file the claim and the types of damages that the plaintiffs may demand.
• Workplace accident - Poor training, a lack of supervision, improperly maintained equipment and understaffing could all contribute to workplace accidents. When a person is hurt on the job or while working in the course and scope of their employment, the injury may be the basis of a personal injury lawsuit.
• Slip and fall accidents - Dangerous conditions can cause slip and fall accidents. Spills, poorly maintained flooring, ageing railings and weather conditions can all create dangers that result in injury.
• Medical malpractice - Healthcare professionals have an obligation to do their job with a reasonable amount of skill and care. Poor training and carelessness can result in serious injuries to victims. 
• Exposure to toxic fumes or substances - Dangerous chemicals can cause short-term and long-term injuries to victims. When toxic substances cause injuries, the victim may have a valid legal claim.
• Product liability - The products that we use in everyday life may be dangerous because of their design, the manufacturing process or inadequate instructions. When harmful products hurt a victim, a personal injury lawsuit may be the result.
• Intentional torts - Assault and battery offences may form the basis for a victim to bring a civil claim for compensation and a finding of legal liability.

Type Of Compensation In Personal Injury Cases

Compensation in personal injury cases may include any of the following that applies:

• Medical treatment - The cost of additional medical care, including surgeries, devices, follow-up visits, physical therapy and mental health care.
• Lost wages and loss of earning capacity - Both short-term and long-term lost income may be included in the claim.
• Property loss - Damages to property may be included up to their current value.
• Loss of consortium - When an injury damages personal relationships, loss of consortium may be a part of the claim.
• Emotional distress - A personal injury comes with pain, suffering and emotional anguish. Emotional distress damages are awarded in proportion to the severity of the injuries and suffering.

Steps To Recover Damages In Personal Injury Lawsuits

1. Initial Consultation With a Personal Injury Lawyer. The first step to recovering damages in personal injury lawsuits is to have a consultation with a personal injury lawyer. At your consultation, the lawyer for personal injury lawsuits can explain the law, the approximate value of your case and the case process.
2. Filing Court Documents on Time Is an Important Step in Your Personal Injury Lawsuit. In order to receive compensation, you must file a legal claim. The legal paperwork must comply with requirements for content and formatting. The documents you file set the stage for your damages and what you will prove in the case.
3. Pretrial Motions in Personal Injury Cases. Much of a personal injury lawsuit is won or lost on pretrial case preparations. Your attorney may file pretrial motions and take legal steps to build the evidence and create a powerful case.
4. Settlement Negotiations Before Trial. Once you’ve built a strong case with the help of your legal counsel for personal injury settlements, it’s time to negotiate the final resolution to the claim. Negotiations are based on the strength of the legal claim that you’ve built.
5. Attend Mediation and Go for Post-trial Motions. You may participate in non-trial resolution efforts like mediation. Your attorney has training and experience that can help make these sessions effective. In addition to mediation, you may choose to take your claim to trial. In addition, your legal team can assist you with post-trial motions and collecting your final judgment.

What Is The Best Way To Hire A Lawyer For Personal Injury Lawsuits?

Personal injury attorneys can make the lawsuit process manageable and headache-free. They can take the lead in order to ensure that your documents are accurate and that they comply with the legal requirements. You’ll never talk to the insurance companies or the defence directly ever again because your attorney handles these conversations on your behalf. 

To hire a lawyer for personal injury lawsuits, you contact attorneys from reputable law firms for an initial consultation. They answer all of your questions and explain how they can assist you in the claims process. If you hire the attorney, you sign a letter of understanding outlining how their representation works, so it’s clear for everyone. The goal is to help the client reach an outcome that gives them justice and the compensation that they deserve. With an attorney in hand, you’re ready to take the steps to recover damages in a personal injury lawsuit.

J. Kyle Bachus is one of the founding partners of the Colorado law firm of Bachus & Schanker, LLC. He provides exceptional advocacy and support to clients throughout the state and across the country who have serious, pressing, and complex legal issues. He is committed to the rights and safety of their community and the consumers who make up their community.

A 2020 lawsuit against a McDonald’s franchise based in Oakland, California claimed that managers of the fast-food restaurant had given employees coffee filters and dog diapers in place of proper face masks. The franchise has agreed to improve its safety precautions to protect employees from covid-19 to settle the lawsuit. 

In the settlement, the Oakland franchise said it would provide employees with proper masks and gloves, paid sick leave, would maintain social distancing, and would regularly disinfect surfaces and require any employee with covid-19 symptoms to stay at home. On top of these measures, the franchise will also establish a worker safety committee which will require the franchise’s owner and managers to meet with employees each month to discuss how they can continue to maintain a safe workplace. Fight for $15 and the Union involved in the lawsuit said that the worker safety committee would be the first of its kind.

However, the Oakland franchise denied any wrongdoing and it remains unclear as to whether the settlement included a financial element. In a statement, Michael Smith, the Oakland franchise’s operator, said that the restaurant had started to implement the measures detailed in the settlement over a year ago. He went on to say that the franchise will continue to take all necessary steps to ensure that the sites remain as safe as possible.

On Wednesday, amid a surge of covid-19 cases in the country, McDonald’s said it will require all US office workers to be vaccinated.  

New Balance also claims that Michael Kors’ Pippin and Olympia trainers evoke the design of its 574 trainers, infringing its trade-dress rights. The brand’s 574 trainers are its best-selling shoe model, with the brand projecting over 7 million sales of the shoe in 2021. A spokesperson for New Balance said that the suit was filed to protect the New Balance brand as well as its iconic “N” trademark and the reputation of its footwear.

In the complaint, New Balance states that it has displayed the letter “N” on its footwear for over four decades and owns federal trademarks covering the logo. The complaint also states that because the brand is known for its collaborations, there is an increased likelihood that consumers will wrongly believe that Michael Kors’ shoes are connected with New Balance.

Last year in Massachusetts, New Balance settled claims that global lifestyle brand Nautica  infringed its “N” trademarks.