Understand Your Rights. Solve Your Legal Problems
Business relationships, just like any other relationship in life, have their ups and downs. A partnership can start with a close friendship and similar visions and goals for their business, but as the business evolves, partners will start facing differences and decisions that set them apart. That’s why no matter how strong a partnership is, disputes are bound to happen and when they do, you should be prepared and know how to resolve the issues.
This article will discuss some of the most common reasons for partnership disputes and ways to resolve them.
Financial disputes are one of the top causes of partnership disagreements. Many business attorneys who represent warring former partners observe that these disputes often arise from day-to-day management of the company, such as how money should be used or allocated, or when a partner starts mixing personal expenses and errands with business ones. The disputes always worsen when the company undergoes financial difficulties, as the question of each partner’s liabilities and profit distribution will turn into a disagreement if it is not clearly stated in the partnership agreement. This can end up causing legal disputes between the two partners, which can end up destroying the partnership and the business.
To avoid these disputes, it is very important to make clear the ownership rules from the start. This includes clear indication of how much time and effort each person is putting in and how much he or she is getting in salary as a reflection of that work; having details of the profit distribution covered in the partnership agreement; and enforcing tighter controls of money disbursements and expenditures by having both partners approve expenses before payment.
Financial disputes are one of the top causes of partnership disagreements.
Intellectual property is another sensitive subject that often leads to partnership disputes. These disputes will usually revolve around a partner making the case that he or she owns the intellectual property that the company is using, and the company claims that the intellectual property belongs to the company as an entity and not to any individual partner. Legally speaking, if an individual owns the intellectual property (IP) but allows the company to use it without documenting it, the individual might risk losing their IP rights and the court can rule that the IP belongs to the company.
To prevent such disputes from happening, the IP owner should take steps to show that they own the rights by having clear documentation from the start. If a dispute, then results in these rights, the IP owner can revoke the company’s license. This documentation and implemented rules will help prevent unforeseen issues down the road.
Another type of dispute that often takes place in a business partnership is each party’s authority in the company. Usually, each partner will be in charge of specific areas. For example, one will handle the company operations, while the other overlooks the company’s financial matters. Without a clear separation of duties, partners can overstep their boundaries and believe their ideas are the best, without respecting the other person’s expertise. One partner may think it is important to spend more money on marketing, while the other insists on improving production and unit cost. These disagreements can delay company processes, and hinder a company’s performance and growth potential.
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It is crucial to draw a line on the areas of authority and set a chain of command to ensure everyone respects and follows these rules. This will sometimes require you to sit down with your partners from the start and decide who will make what decisions.
Once a company reaches a certain level of development, partners may have differing ideas on how to take the company to the next level. One partner may want to invite foreign investment or pursue M&A opportunities, while others want to keep it strictly domestic or family-owned. These disagreements on the direction of the business can be serious and change the company’s future completely. There is no good way to prevent it except for discussing it thoroughly with your partner in different case scenarios, evaluating the risks and opportunities for each direction, and making the decision together.
Just as a married couple that goes through difficulties and ends up finding a divorce attorney to resolve their issues, sometimes partnership disputes also have to seek professional advice as the parties cannot resolve the differences by themselves. To prevent a fall-out in a business partnership, it is most important to maintain an open and frank dialogue with your partners from the start on issues of authority, money distribution, ownership rules, and rights to intellectual property. Minimizing the possibilities of disputes is the best way to ensure a business will run smoothly and successfully.
As an American, it is your right to own and carry a gun. Carrying a weapon also comes with responsibilities and consequences if you are ever forced to defend yourself. There is a general misconception that using your firearm for self-defence is entirely legal. However, there can be complicated charges and legal issues that come from using your weapon, even for self-defense.
Using your firearm could result in serious charges. Liability lawsuits or criminal charges are a reality for anyone that uses their gun for self-defence. Knowing what actions to take and having the funds to pay for a legal defense aren’t things that most gun owners are prepared for. This is where CCW insurance becomes an important factor.
Although gun insurance isn’t required by law, it’s a smart idea for all gun owners to look into the protection that a CCW policy can give them. Accidents happen, and situations can get out of control in a hurry, and having the protection of insurance for CCW can protect you and your interests. Let’s look at a few reasons why all gun owners should invest in CCW Insurance.
You are subject to legal responsibilities any time that you fire your weapon, even if it is in self-defence. This means that if you fire your weapon under any circumstances, you could be charged with a crime. You could also be sued by family members of the person that you shot in a civil case that could cost you a fortune. Your gun could be stolen and used in a crime, resulting in you being charged and required to prove that you weren’t involved.
There are many circumstances where firing your gun could result in legal trouble. With CCW insurance, you will be protected and assisted through any legal procedures. Your bail will be paid and your legal fees will be covered. It’s important to know what type of CCW insurance you have to ensure that your legal fees will be covered even if you are convicted.
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Not all lawyers are specialised to deal with self-defense shooting cases. When you invest in a CCW insurance policy you will be dealing with legal experts. Attorneys that have dealt with thousands of self-defense gun cases will be at your disposal and work as your dedicated advocates. The legal aspects of a civilian firing a weapon in self-defence are complex and need to be handled by expert attorneys.
Anyone that has ever had to go to court knows that legal expenses can be outrageous. When you are dealing with a self-defence weapons case, you are looking at serious legal bills including bail and attorney retainers. With a CCW insurance policy, you will be compensated for all of your costs. You won’t have to worry about not being able to afford the right defence and depending on your policy you may even get money back for any time that you have lost from work because of your legal obligations and appointments.
Having a CCW policy can help to ease the stressful aftermath of a self-defence shooting. Anyone that is forced to use their weapon has to deal with serious feelings of anxiety, guilt, and anger. Having a CCW policy can not only help you with your legal expenses and give you more protection from liability claims, but it can also give you valuable peace of mind that you are not alone.
If you are a gun owner, it is in your best personal and financial interest to find a CCW policy that fits your needs. A CCW policy will protect you legally, provide you with expert representation, cover your legal expenses and give you the peace of mind that you deserve.
In 2021 alone, we’ve seen A-list names like Michael Jordan, Mark Cuban and 2 Chainz investing millions in NFT-based start-ups and auctions for NFT-linked assets fetching outstanding sums of money, including Jack Dorsey’s first Tweet ($2.9 million) and collections of digital artworks by Grimes ($6 million) and “Beeple” ($69 million!), just to scratch the surface.[i]
While often linked to digital assets, NFTs (and Smart Contracts) can also be used to sell discrete physical assets like one-of-a-kind sneakers, vinyl records and concert tickets,[ii] and the future could see their use in transactions for major purchases like cars and houses. However, before you or your clients start minting, selling, buying or trading NFTs, you should understand what NFTs and Smart Contracts are, the rights involved in NFT transactions, and some lurking dangers.
Thus, the value in buying an NFT is often in creating a collectable (non-fungible) version of an otherwise a replicable (fungible) asset.
What are NFTs? A “token” is a digital asset stored on a secure, but transparent distributed blockchain ledger. Non-fungible means one-of-a-kind—like a record-breaking home run ball, a bootleg concert recording, or collectables like baseball cards. Thus, an NFT is a digital asset that is linked to a discrete and unique asset. In contrast, a fungible token such as Bitcoin is an asset in itself—its value fluctuates relative to other currencies, but all Bitcoin are the same and equal fractioned amounts of bitcoin will have equal value against each other. The process of creating an NFT is called “minting.”
Like Bitcoin, NFTs enjoy the security, transparency and immutability of cryptographic storage, but whereas Bitcoin are divisible to 10-8 degree, NFTs are indivisible and can store significant amounts of data, including unique information, which is what makes a particular token “non-fungible,” and is stored in a “Smart Contract,” computer code that automatically executes upon the occurrence of a set of preconditions.
Combining a Smart Contract with other unique identifying metadata—such as the identity of the owner, and secure file links—along with the security afforded by blockchain, provides practically irrefutable proof of ownership and authenticity to prospective buyers.[iii] Smart Contracts can prevent someone from transferring an NFT or accessing an underlying asset unless all preconditions specified in the contract are satisfied, including potentially paying royalties on the resale of the NFT. While most early NFTs can be resold without restrictions, some NFT marketplaces are encoded to enforce Smart Contracts royalty “clauses,” which upon the resale of an NFT, automatically pay a fee to the minter-seller, usually as a fixed percentage of the resale price.[iv]
In laymen terms, NFTs and Smart Contracts act simultaneously as a “certificate of authenticity” for the underlying asset and as a valuable representation of ownership of a real asset like a stock.
While there are no laws yet relating to cryptographic assets, legal systems should largely be able to adapt existing laws and principles to blockchain technology as was done for online activities.
While NFT auctions have yielded jaw-dropping real dollar figures, what does a buyer really possess? Ultimately, an NFT owner has access to the underlying asset, but they may lack exclusive access to or control of the asset, let alone ownership of the asset or any intellectual property (IP). Indeed, the default rule is that a patentee or copyright owner retains all IP unless it is clear from the language of a signed writing (e.g., the Smart Contract) that ownership of an intellectual property right is being transferred.[v] In most cases, Smart Contracts do not transfer IP rights.
An NFT owner may have an implied licence in the same way that the purchaser of a useful machine is not infringing a patent by using it as intended or how the purchaser of music is not infringing copyrights by privately singing along with their copy of a record. For example, hundreds of people bought the NFT version of the new Kings of Leon album and received exclusive digital and physical collectables, but the same music was released via traditional streaming and purchase outlets and the Kings of Leon (or their label) still retain all copyrights. In collectable cases like this, owning an NFT is like owning one of the roughly 10,000 copies of Nolan Ryan’s 1968 Topps rookie card, with the added bonus that your version of the card is authenticated and you are probably the owner. Thus, the value in buying an NFT is often in creating a collectable (non-fungible) version of an otherwise a replicable (fungible) asset.
In the meantime, the NFT craze is just beginning and we can either continue to gawk at lofty sales or join the fray.
Despite the security offered by blockchain, this new industry is ripe for fraud and misuse, particularly in attempts to mint and sell NFTs linked to assets not owned by the minter-seller, be it a copyrighted work, trademarked brand or celebrity likeness. In a recent example, an NFT auction for a drawing by Jean-Michel Basquiat that purportedly included “reproduction and IP rights...in perpetuity” was pulled after Basquiat’s estate clarified that it still owned all copyrights in the sketch and that the NFT seller had no rights to give away.[i]
While there are no laws yet relating to cryptographic assets, legal systems should largely be able to adapt existing laws and principles to blockchain technology as was done for online activities. For starters, most disputes between a buyer and seller of NFTs should be easily resolved either by the Smart Contract or by a judge applying traditional principles of contract law. In Internet-based copyright infringement lawsuits between parties of different nationalities, U.S. courts apply a two-step “conflict of laws” analysis, determining the validity of the IP right under the laws of the nation where the work was created, and determining liability for infringement under the laws of the nation where the tort occurred. Similar rules could apply to this context.
Another issue is that, since NFTs are, at bottom, data stored in cyberspace, there is a risk of non-permanency and losing access to digital assets linked to NFTs. In the meantime, the NFT craze is just beginning and we can either continue to gawk at lofty sales or join the fray.
[i] See Anny Shaw, Art Newspaper, Basquiat NFT withdrawn from auction after artist’s estate intervenes, Apr. 28, 2021, https://www.theartnewspaper.com/news/basquiat-nft-withdrawn-from-auction-after-artist-s-estate-intervenes
[i] See Jon Blistein, RollingStone, Twitter’s Jack Dorsey Sells First Tweet as Non-Fungible Token, Mar. 22, 2021, https://www.rollingstone.com/culture/culture-news/twitter-jack-dorsey-first-tweet-nft-cryptocurrency-1138401/; Gerrit De Vynck and Douglas MacMillan, The Washington Post, He just spent $69 million on a digital piece of art. It’s not his first Beeple, Mar. 18, 2021, available at https://www.washingtonpost.com/technology/2021/03/17/nft-beeple-metakovan-christies/; Danny Nelson, Coindesk, Michael Jordan Joins $305M Investment in Firm Behind NBA Top Shot, Mar. 30, 2021, https://www.coindesk.com/michael-jordan-joins-305m-investment-in-firm-behind-nba-top-shot; Tim Hakki, Decrypt, Mark Cuban Invests in NFT Tracker CryptoSlam, Apr. 17, 2021, https://decrypt.co/66897/mark-cuban-invests-nft-tracker-cryptoslam; Will Gottsegen, Decrypt, Grimes Just Sold Her Crypto Art NFT Collection for $6 Million, Mar. 1, 2021, https://decrypt.co/59827/grimes-nfts-crypto-art.
[ii] See, e.g., Cam Wolf, GQ, What Is an NFT Sneaker, and Why Is It Worth $10,000? Apr. 28, 2021, https://www.gq.com/story/nft-fashion-sneakers; Samantha Hissong, RollingStone, Kings of Leon Will Be the First Band to Release an Album as an NFT, Mar. 3, 2021, https://www.rollingstone.com/pro/news/kings-of-leon-when-you-see-yourself-album-nft-crypto-1135192/; Claire Shaffer, RollingStone, The White Stripes Drop ‘Seven Nation Army’ Remix, NFT Release, Apr. 23, 2021, https://www.rollingstone.com/music/music-news/the-white-stripes-seven-nation-army-remix-nft-1157823/; Jacob Gallagher, Wall St. J., NFTs Are the Biggest Internet Craze. Do They Work for Sneakers?, Mar. 15, 20221, https://www.wsj.com/articles/nfts-and-fashion-collectors-pay-big-money-for-virtual-sneakers-11615829266 (sub req.).
[iii] See Josie Thaddeus-John, N.Y. Times, What Are NFTs, Anyway? One Just Sold for $69 Million., Apr. 13, 2021, https://www.nytimes.com/2021/03/11/arts/design/what-is-an-nft.html; Rakesh Sharma, Investopedia, Non-Fungible Token (NFT) Definition, Mar. 8, 2021, https://www.investopedia.com/non-fungible-tokens-nft-5115211; Jake Frankenfield, Investopedia, Smart Contracts, Mar. 25, 2021, https://www.investopedia.com/terms/s/smart-contracts.asp; Stuart D. Levi and Alex B. Lipon, Harvard Law School Forum on Corporate Governance, An Introduction to Smart Contracts and Their Potential and Inherent Limitations, May 26, 2018), available at https://corpgov.law.harvard.edu/2018/05/26/an-introduction-to-smart-contracts-and-their-potential-and-inherent-limitations/; Melanie Kramer and Daniel Phillips, Decrypt, Non-Fungible Tokens (NFT): Beginner's Guide, Feb. 4, 2021, https://decrypt.co/resources/non-fungible-tokens-nfts-explained-guide-learn-blockchain; Matt Hussey and Daniel Phillips, Decrypt, What Are Smart Contracts and How Do They Work?, Jan. 8, 2011, https://decrypt.co/resources/smart-contracts.
[iv] See James Beck, Consensys, Can NFTs Crack Royalties And Give More Value To Artists?, Mar. 2, 2021, https://consensys.net/blog/blockchain-explained/can-nfts-crack-royalties-and-give-more-value-to-artists/; Zach Burks, James Morgan, Blaine Malone, James Seibel, Ethereum Improvement Proposals, EIP-2981: ERC-721 Royalty Standard, Sept. 15, 2020, https://eips.ethereum.org/EIPS/eip-2981#optional-royalty-payments; Eileen Brown, ZDNet, New platform uses NFTs as a gateway for digital rights management, Mar. 4, 2021, https://www.zdnet.com/article/new-platform-uses-nfts-as-a-gateway-for-digital-rights-management/.
[v] See 35 U.S.C. § 261 (“Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing.”); 17 U.S.C. § 204(a) (“A transfer of copyright ownership . . . is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights”).
28th Chief Litigation Officer Online Summit 2021
Date: 16-17 June 2021
-Location: Miami, Florida
The Chief Litigation Summit is an invitation-only, premium Summit bringing leading CLO's and innovative suppliers and solution providers together. The Summit’s content is aligned with key CLO challenges and interests, relevant market developments, and practical and progressive ideas and strategies adopted by successful pioneers.
For More information and to Register please click here
According to the Centers for Disease Control (CDC), there are more than 42 million visits to the emergency room each year and almost 84 million visits to doctors due to injuries. If you were in a crash and you sustained an injury that warranted a visit to the doctor, you may want to consider hiring an attorney.
Have you been in a car accident and you weren’t at fault? These six signs may indicate that a lawyer is necessary.
If your injury is serious enough that you are unable to work, hiring an attorney may be critical. The insurance company will more than likely base your compensation on how serious your injuries are, which means they may try to make it appear that your injuries are not serious. An attorney will fight for your rights under the law to get you the compensation that your injuries warrant.
A permanent or disabling injury is definitely one that requires a personal injury attorney. If you are disabled or you have other long-term healthcare requirements, compensation may include lost future wages, future medical care, and loss of companionship. Getting that type of compensation can be complicated, which is why you need to talk to an attorney about your injuries.
Cars are made up of many mechanical parts and, when one of those parts fails, the results can be devastating. If your accident was caused due to a defective mechanical part, you will be filing a claim against the manufacturer.
If your injury is serious enough that you are unable to work, hiring an attorney may be critical.
Keep in mind that car manufacturers have in-house attorneys whose job it is to fight claims just like yours. You will want an attorney who has experience fighting big manufacturers in order to get you adequate compensation.
Insurance companies are often not willing to pay claims, as their main goal is to protect their own bottom line. They may offer you an extremely low settlement, or they may deny your claim completely. When these things happen, you need to talk to an attorney before agreeing to anything the insurance company offers to be sure you are not being short-changed.
If the insurance company tries to deny your claim, you will need an attorney who will fight to get you what you are entitled to receive.
There is a chance that it is not clear that the other driver is at fault, or there may have been more than one other vehicle involved. In some states, if you are found to be even a small amount at fault, your compensation must be reduced by that percentage.
Other states have legislation that does not allow you to collect at all if you are found to be at fault. If there is any question about fault, you want to contact an attorney.
If the accident involved someone who was driving under the influence, it is very important that you talk to an attorney. Driving under the influence is a serious offense in every state, and the person who caused your accident could be facing imprisonment.
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In most cases, a driver who is under the influence is found to be at fault and will be responsible for compensation for your injuries. However, you will want an attorney who has experience dealing with drunk driving cases.
If you have been injured in an accident and any of these scenarios relate to what you are dealing with, you can talk to a car accident lawyer for free. An attorney can answer your questions and give you an estimate of your case’s value.
EIP's George James and Monika Rai, European Patent Attorney and Partner, offer Lawyer Monthly their insights into the patent landscape of microbes and food.
Microbes present in food and drink, which have a functional effect on the health of the digestive tract, are popular with consumers and common on supermarket shelves. These products include those containing specific beneficial microbes (probiotics) and those containing ingredients that promote the growth and maintenance of healthy gut microbes (prebiotics).
Products such as kefir have recently seen a surge in popularity as consumers become more conscious of the benefits of maintaining a healthy microbiome. This is reflected by patent filing trends, where the number of patent families worldwide containing the word “kefir” boomed in 2016.
To investigate recent trends (2009-2019) in the microbes in food and drink landscape, we searched online patents databases, using the search and analytics tool Patently®. As an initial strategy, we focused on patent classification codes relating to probiotics and prebiotics in food that have a functional effect on the health, including humans and animals. Our initial search encompassed a broad range of products from probiotic pet food for small dogs[1] to probiotic supplements for metabolic health[2]
Our search highlighted that most top offices, including the European Patent Office (EPO), have not seen an acceleration in filing activity for food probiotics and prebiotics between 2009-2019. Conversely, China (CN) has seen a definitive increase in such filings, suggesting that they are currently at the forefront of such research, perhaps replacing the US.
Indeed, the number of probiotics and prebiotics patent families has seen a general increase worldwide, likely due to the recent surge in Chinese filings over the last 5 years.
Further analysis indicates that more patent applications in this field are concluding in grant by patent offices in the US and at the EPO, as compared to cases being granted in China, for example. However, many of the applications more recently filed in China will likely still be undergoing examination, thus China could soon see a large increase in the number of granted applications.
We next performed a targeted search to investigate filings relating to probiotics beneficial to the digestive system and dairy products. Some of the world’s largest nutrition companies appear to be dominating this field. Ownership analysis of our data indicates that French multinational Danone, along with its subsidiary Nutricia, appear to be leading the way; each holding a significant number of patent families. Danone’s position is perhaps unsurprising, considering the popularity of its probiotic products Actimel® and Activia®.
Similarly to our broader search, analysis of our probiotics in dairy data also revealed that the EPO is a top office for granting applications in this field from 2009-2019, outperforming the US.
We identified over 70 European patents specifically directed towards dairy products containing living probiotic bacteria that have an effect on the digestive tract, which protect compositions, bacterial strains and uses thereof in treating disorders and maintaining a healthy gut. For example, see Danone’s patent for a fermented dairy product comprising a Streptococcus thermophilus strain, for increasing or maintaining a Faecalibacterium prausnitzii population, the most abundant bacterium in the intestine of a healthy adult, which plays a vital role in the gut microbiota[3].
Probiotics are also now frequently found in dried foods such as cereal and muesli, and some patents and applications identified in our above searches overlap with these food groups. Despite the growing demand, a targeted search identified very few patents specifically directed towards probiotics in cereal and muesli, suggesting that this remains a relatively nascent area for patenting.
Many product/composition claims granted by the EPO in this field are restricted to a specific deposited microbial strain[4] unless breadth of protection has been achieved by also claiming mutants of specific deposited strains in combination with a functional requirement. For applicants seeking protection before the EPO for such inventions, specific provisions relating to biological deposits must be complied with.
At the EPO, claims that cover methods of medical treatment or therapy are excluded from patentability under Article 53(c) EPC[5], even if the invention also has non-therapeutic effects. However, where these effects can be properly distinguished and the therapeutic effect is not inevitable, a method claim may be allowed. In some cases, it is not possible to distinguish between therapeutic and non-therapeutic effects and it would be preferable to frame the method in terms of a “product for use”, to avoid objections. Our specialist European Patent Attorneys have significant experience of advising on patent strategies in this field.
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[1] EP3554268 A1 by Nestle seeking protection for a method of increasing amino acid absorption in a small dog
[2] PCT application WO2020084051 A1 by Novozymes
[3] EP3394294 B1 claiming Streptococcus thermophilus CNCM I-3862 and a fermented dairy product comprising the same.
[4] Danone’s patent EP3394294 B1 (also discussed above) claiming a Streptococcus thermophilus strain deposited at the CNCM under reference number I-3862.
[5] Danone’s patent EP3166619 B1 claiming “Lactobacillus paracasei CNCM 1-3689, for use in treating an Enterococcus faecalis infection in the intestinal microbiota of a subject having an antibiotic-induced dysbiosis.”
With increasing numbers of drivers on the road, traffic accidents - including those involving trucks - are increasing year after year. While no one ever envisions themselves being involved in a collision with a truck, accidents do happen. Even if you consider yourself to be a safe driver, there is no accounting for how other road users will behave. Considering the size of the vehicles, the damage that a crash can do is shocking and has the potential to result in serious injuries that can change your life. If you find yourself the victim of such an incident, it's important to find a specialised truck accident lawyer to represent you and fight your case.
However, finding truck crash lawyers with the right credentials can be easier said than done. For a novice, the whole process can feel highly confusing. If you hope to receive adequate compensation, then it's worth investing the time and effort to find a reputable lawyer that you can rely on. To help you choose a good lawyer, here are a few factors to consider:
When it comes to truck accident cases, you need to find an attorney who has experience in these matters. The first thing you should be asking is how long the lawyer has been practicing. The more experience they have, the more likely they’ll be to handle your case well. Truck accident cases are known for being complex, so having someone by your side who understands the nuances of the law will be a great asset.
Once you start your search, you’ll see there are many lawyers that claim they can do the job. The only way to validate these claims is to look for references. It’s wise to speak to people who have been in the same position, as they can help recommend a lawyer. If you have any friends or family in the legal sector, it is worth asking if they have any reliable contacts that may be able to handle the case.
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You’ll want to hire a lawyer that can communicate well, but not just in court. It is important to find a lawyer that communicates your case to you in straightforward terms, rather than overwhelming you with legal jargon.
A very important consideration when looking for a truck crash lawyer is the fees involved. Thankfully, you’ll find that most attorneys in this area of law offer services on a contingency basis. This means that you owe nothing unless they win your case. Generally speaking, they’ll take a percentage of your payout upon the victory in your case. Shop around and compare prices before committing.
Being involved in a truck accident is something we hope will never happen to you, but if it does, it’s important to know what to look for when hiring a lawyer. While winning the case won’t necessarily override the trauma you’ve experienced, the compensation you may receive can assist you when it comes to covering medical expenses and getting on with your life.
When you put an aging or ill family member into care, you expect the facility to take better care of them than you can yourself. Unfortunately, that doesn’t always happen. If you suspect nursing home abuse and are not sure what to do next, read on. It may be in your best interest to take the following steps.
Before requesting the help of a law firm, find out as much as you can from the family member in the nursing home you believe is being abused. As gently as you can, ask questions about injuries you can see, and ask if anyone has been treating them in a way they do not like. If your loved one is extremely ill and unable to clearly provide the answers you require, it might be time to dig a little deeper.
If you have noticed any signs of infections, malnutrition, bedsores, agitation, or anything else out of the ordinary, talk to nursing home staff about what you have seen. It is important not to jump to conclusions, as not all seemingly common signs of abuse are as straightforward as they seem. If you cannot get the answers you are looking for, or no member of the nursing staff can or will shed light on what you have noticed, take the issue higher up to nursing management.
If you notice clear signs of elder abuse, regardless of whether your loved one has or can speak out about it, take notes and gather evidence that reinforces your belief. If your family member consents, take photos of any injuries you can see.
It can also be worth writing notes of things you notice in the facility that do not seem right to you. Where possible, write down the names and job positions of people you have spoken to.
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There may be no doubt in your mind that your loved one is being abused or neglected in a nursing home facility. For their safety and the safety of all other care home residents, call the police to file a complaint. They may deem it appropriate to intervene or recommend contacting the National Center on Elder Abuse.
All nursing homes must provide the contact information of the local ombudsman. By calling them, you can make sure that your concerns are thoroughly investigated and not swept under the rug. At this point, you may also like to consider relocating your loved one to a facility you believe will care for them well.
As common as elder abuse is, it does not make it right. Once you have taken the appropriate steps within the facility, it may be time to contact a nursing home abuse lawyer. They can advise you of your rights while also ensuring that your loved one receives the compensation they deserve for their neglect or abuse.
It can be heartbreaking to realise that the very care home you put your family member into to be safe is the same one that is causing them to be unsafe. If you notice any strange injuries or changes in behaviour, do not be afraid to take action.
International law firm DLA Piper has launched a six-year apprenticeship programme aimed at training school-leavers to become qualified solicitors.
The new apprenticeship will commence from September 2021 and be based in DLA Piper’s Manchester office. It will offer school-leavers the opportunity to earn while working towards a law degree and the Solicitors Qualifying Exam (SQE).
The apprenticeship will comprise four days of on-the-job work experience and one day allocated for study each week, the firm has stated. Apprentices will rotate through DLA’s practice groups and sectors for 6- and 12-month periods, with client and international secondment opportunities to become available as they progress.
Upon completion of the programme, apprentices will qualify as solicitors with a level 7 degree apprenticeship.
DLA Piper has yet to publicly reveal details of its SQE training partner. Also notable is that the new solicitor apprenticeship will run in parallel to the firm’s existing training contract scheme, which focuses on graduates.
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Earlier this year, DLA Piper announced an update to its diversity and inclusion goals. The firm intends to reach a global female partnership of at least 35% by 2025, building on its present 21% female partnership. It expects to double this to 40% by 2030.
Many British citizens find their partners in life overseas. Some meet their partners through family and friends and some meet by chance during an overseas trip. Some find happiness through dating apps. Many British men travel to where their partner lives and decide to get married there.
However, they cannot take their spouse back to the UK without a visa. There are several steps to securing a spouse visa. To help you understand the process, here are important information and the steps on how to apply for a spouse visa in the UK, so you and your loved one can start a new life together in your home country.
A UK spouse visa, which is also called a UK marriage visa, allows the marriage partner of a UK citizen to enter and live with their partner legally in the UK. The UK spouse should be a person legally settled in the UK or a British citizen.
The UK spouse visa allows the marriage partner of a British citizen to study or work in the UK. The spouse can study or work upon receipt of the visa and the person is already in the country.
It is possible to apply for a UK spouse visa while still overseas or already in the country. If you are already in the UK on a student visa, work visa, or fiancé visa valid for over six months, it is possible to switch to a spouse visa if you are married to a British citizen.
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There are several requirements you must meet to qualify for a UK spouse visa.
The UK spouse visa application processing time usually takes two to twelve weeks after submission of the application. However, the processing time will vary according to the country where the application is submitted.
If the application came from overseas, the validity of the visa is for 33 months. If an applicant is already in the UK, the visa is valid for 30 months.
What you see here are the general requirements that the applicant for the UK spouse visa should meet. The process includes many details. To ensure that your application follows all the guidelines, it is advisable to work with an experienced immigration solicitor.
