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In his role as National Manager of Shine Lawyers’ Professional Negligence department, Peter heads up a team of expert negligence lawyers working across Australia to help people in their claims against financial advisers, financial institutions, legal staff and accounting professionals. He speaks below about his role and professional negligence.
Between the fields that you work with including financial, legal and accounting advisers, which have you found to be the most prone to cases of negligence and why?
At the present time, my team at Shine is predominantly representing clients in actions for damages for negligence against solicitors/attorneys and financial advisers. I expect claims against financial advisers to significantly increase once the pending Royal Commission into the Australian Finance Sector has released its findings. Some of the evidence in relation to the financial and emotional distress which has been caused to Australian consumers of financial services by their banks and financial advisers, has been truly appalling and warranting of significant redress by this sector.
As for the increase, my team are seeing in solicitor negligence claims; I think the increase here may be attributable to a growing number of students studying and then going on to practice law in Australia, combined with a more sophisticated consumer client base who are now more than ever attune to the level of competence and diligence they are entitled to receive from their legal advisers.
What common problems do your clients seek your expertise for when it comes to professional negligence?
In the case of solicitor/attorney negligence, we are seeing an increase in the areas of property law and family/matrimonial law. To some extent these have always been heightened areas of risk for practitioners and their consumer clients. High volume conveyancing always seems prone to risk. In family law, claims seem to be arising from the drafting and advising in respect to pre-nuptial/binding financial agreements, which require detailed advice and a very high level of practitioner skill. Solicitors need to be aware that their clients are often highly emotively involved in these transactions and require full and complete advice which covers off on all options and scenarios.
In the case of financial advisory claims for professional negligence, we predominantly see clients who have lost a significant component of their retirement funds upon receiving advice that was unsuitable to their investment history and stage of life. This is continuing to prove frustrating and disappointing because it is not the first time this area of professional conduct has been targeted for consumer protection reforms.
What laws are in place for defamation cases in Australia and how do you help deal with these?
In 2005 each of the Australian states enacted a regime of largely uniform defamation laws, regulating such matters what entities are entitled to bring defamation claims, limitation periods and defences. The defamation laws also sought to formalize a pre-litigation process by providing for a cease and desist type letter (styled a Concerns Notice) to be issued to try and avoid the parties proceeding to court. Shine is regularly instructed to draw Concerns Notices and has a high success rate in resolving defamation claims prior to them proceeding to litigation.
The state of defamation law in Australia is again coming under increasing pressure for reform. The rise of online defamation committed through people believing they have a right to say what they like on social media sites is creating a tidal wave of defamation suits in Australia. Unfortunately in Australia there is no meaningful filter for trivial claims in the early stages of litigation, like the serious harm test which exists in the United Kingdom, and thus there’s a risk that our Courts could be tied up with rather petty defamation disputes until this aspect of the law is reformed.
What is your top advice for those facing defamation?
Fundamentally a defamation claim is about restoring or vindicating perceived harm to one’s reputation. I always ask clients initially does a potentially lengthy legal battle and the legal expense associated with that warrant what you are trying to achieve. If the defamation was transitory and trivial I do try and avoid clients exploring litigation as an option. However, where the reputation harm is ongoing and is causing a client economic as well as personal harm, it may be appropriate to pursue remedies for the client litigiously.
Peter Coggins
National Manager
Peter Coggins is the National Manager for Professional Negligence and Defamation Claims at Shine Lawyers. Peter also manages Shine’s National Defamation practice, providing expert legal guidance to individuals whose professional or personal reputations have been slandered.
Shine Lawyers is a national Australian litigation law firm with over 700 employees. Shine has serviced consumer clients in many areas of compensation law for over 40 years.
With one of the best professional teams in Colombia, Carolina Vera and her team are prepared to offer their utmost best to always achieve the greatest for their clients. And so, Lawyer Monthly thought it was vital to get in touch with Carolina, to find out her secrets to how she has shaped the legal world with her expertise.
Now at the top of you game, what made you want to become a lawyer?
I was born in a family of lawyers and readers and so I always felt interested in humanities; therefore, I finally took the decision to study law.
What in particular led you to specialise in intellectual property law?
VERA ABOGADOS was founded by my father in 1972, as a law firm specialized in IP.
From when I had started my studies in LOS ANDES University, I had the chance to work in the firm as an assistant; then I eventually began working as a paralegal and got involved in very interesting cases relating to IP, so after finishing university the logical decision was to do a Master’s in IP.
I have worked as a lawyer in VERA ABOGADOS since 1998 and as Head of the International Department since 2000. Fortunately, the firm has grown steadily in that time.
Currently, VERA ABOGADOS is one of the leading firms in Colombia in the areas of IP, administrative law and litigation.
How would you define the motto behind your work? What drives you to win?
Work hard with the highest standards of ethics and efficiency. That is our aim and thanks to that, our clients recognised VERA ABOGADOS as one of the firms with the best performance in IP matters. Our clients can be sure that the client- lawyer relationship is entirely loyal, and we always make our best effort to achieve the optimum results for our clients.
Currently, we have a winning team that is focused on building the best solution according to the laws and regulations.
In what way would you say your legal work is shaping an impact on your clients’ work/lives?
The impact of our work on our client´s lives and business are huge, because most of the time the development of their business activity depends on the security regarding the protection and the exclusivity of its IP rights.
Our clients can always be sure that with us, they will obtain the best legal advice, and the best protection for all their IP rights and a sense of security which will remain over time, because we have a great team and the best technological resources to keep our clients updated about all the matters they care about regarding IP.
Can you list and explain of the five fundamental values which underline the way you work with your clients at Vera Abogados?
If you had one piece of advice for clients in difficulty when it comes to IP, what would this be?
A problem always has a solution, our work is to find it!
Carolina Vera Matiz
Partner
+57 1 3127928
Carolina Vera Matiz is a Lawyer specialising in Intellectual Property; after graduating from Universidad de Los Andes in Colombia, she decided to complete a Master’s at Universidad De Alicante, in Spain.
She is the adviser for many Colombian and international enterprises in the IP area, and is often an invited guest speaker in different Chambers of Commerce in Colombia, as well as a guest teacher at a variety of universities.
She is a member of INTA, ASIPI, ABPI, CAPIRA and partner of PRAGMA, international network of law firms.
Currently, she is a Lawyer and Partner at VERA ABOGADOS ASOCIADOS S.A., and has been the Head of the International Department of the firm since 2000.
VERA ABOGADOS ASOCIADOS S.A., is a Colombian law firm. Founded in 1972 by Jorge E. Vera Vargas. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador.
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy.
The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.
Eric Schneiderman, New York State Attorney General, has resigned from his position overnight amid allegations of violence against at least 4 women during his tenure. The alleged assaults took place between 2013 and 2016 against his romantic partners of the time.
The women involved, only two of which have been named, claim that Schneiderman had choked, hit or slapped them violently without their consent. The story was first reported by The New Yorker, which goes into detail about the alleged traumas that were endured, including both physical and emotional abuse.
Shortly after the announcement of his resignation was made, Manhattan District Attorney's office explained they had opened an investigation into the matter.
According to the New York Times, Schneiderman said in a statement: “It’s been my great honor and privilege to serve as attorney general for the people of the State of New York. In the last several hours, serious allegations, which I strongly contest, have been made against me.
“While these allegations are unrelated to my professional conduct or the operations of the office, they will effectively prevent me from leading the office’s work at this critical time. I therefore resign my office, effective at the close of business on May 8, 2018.”
CNN reported that New York Governor Andrew Cuomo called for Schneiderman's resignation, explaining: “No one is above the law, including New York's top legal officer. I will be asking an appropriate New York District Attorney to commence an immediate investigation and proceed as the facts merit.”
He added: “My personal opinion is that, given the damning pattern of facts and corroboration laid out in the article, I do not believe it is possible for Eric Schneiderman to continue to serve as Attorney General, and for the good of the office, he should resign.”
Schneiderman had a previously prominent role in the #MeToo movement, having brought legal action against Harvey Weinstein in his allegations of sexual assault. This has been under scrutiny by many in its hypocrisy after the report of his own assault against women came to light. He has also played a large part in being an open critic and opponent of Donald Trump.
Despite his resignation, Schneiderman asserts that the allegations are false, saying on Twitter: “I have not assaulted anyone. I have never engaged in non-consensual sex, which is a line I would not cross.”
Delta Auto Ltd., an investment vehicle of individual shareholders, has sold Delta Motor Groups's import and distribution business in Finland to Bergé Auto. Financial details have not been disclosed.
Delta Motor Group Oy imports Kia and Mitsubishi vehicles and service parts. The company was founded in 1937 and has approximately 90 employees. In 2004, Delta introduced Kia, one of the fastest growing car brands in Europe, in Finland. Delta has been importing Mitsubishi cars since January 2011.
Headquartered in Spain, Bergé Auto, a subsidiary of Bergé y Cia., is a leading automotive distributor in Europe and Latin America. Since 1979, Bergé Auto has established itself as a strategic, long-term partner for most of the world-leading brands, sharing a common goal: building a meaningful, long-lasting relationship with its customers. Bergé y Cia., founded in 1870, is a leading international corporation in areas such as logistics, maritime and port services.
Oaklins' team in Germany advised the seller in this transaction. The team in Spain identified the buyer and the Dutch team supported the transaction in its early stages.
Martin Kanjuh, Director at Oaklins Germany (Project Lead).
Martin executed several transactions within the automotive sector. Besides being expert for complex cross border transactions, he has a strong transaction track record within the Software and Fintech industry.
“Automotive distribution is within a highly competitive market environment still an attractive sector for strategic buyers. The major clue in successfully executing a transaction within this sector is a strong and deep understanding of the transaction drivers of each relevant player as well as profound and dedicated transaction execution expertise. The acquisition of Delta by Bergé enables Delta to further develop business opportunities on the Finnish and Scandinavian market.”
David Klonecki, Senior Associate at Oaklins Germany (Project Management).
David has gained strong expertise in the fields of automotive and distribution business. He managed the operational tasks within the framework of the transaction process.
“The valuation range in this industry varies a lot but good positioned companies receive highly attractive valuations. Value drivers have to be identified on a case by case level and promoted with the right timing during a structured process.
Were there any unexpected difficulties? How did you overcome them?
Since the transaction was well prepared on the financial as well as on the legal side, we did not face major unexpected difficulties. One big challenge from a financial adviser’s point of view was to keep the transaction momentum within a narrow buyer’s universe over a timeframe of 12 months until the day of signing.
Are there any extra precautions you must take when a transaction involves company, such as Delta Motor Group, which distributes well established and known vehicles?
Yes of course. The major success factor and at the same time obstacle to overcome is to align the different interests of each single party involved and manage them within a structured sales process. A competitive M&A process for a business with high complexity that has significant exposure to strong stakeholders like OEMs on the supply end, and retail chains on the delivery end, as well as banks being part of the business model in terms of inventory financing, has to be worked out well and executed in the minutest details. Since the most attractive buyers are at the same time competitors operating in other geographical regions, only, it is essential to share information among interested parties (incl. stakeholders) very carefully in terms of quality as well as timing. Selecting a buyer’s universe which combines necessary business know how, operating and financial resources to buy and grow the business with showing the highest chance to be accepted as “partner” of the mighty OEMs becomes the magic box to successfully close the transaction. On top of that we had to find a buyer who is a reliable future business partner, since the retail business of Delta still remains with the sellers.
With the results of the Gender Pay Gap showcasing a huge disparity between men and women in the workplace, we question why women are pushed aside when it comes to their career. Regardless of sex, colour and interests, we all have the same ability to perform in a professional environment, yet time and time again we witness discrimination regarding progression and pay, and the legal sector is definitely no stranger to such inequality. Traditionally being a very male-dominated industry, we hear from Sarah Goulbourne, Co-Founder of gunnercooke, discussing why the legal sector is still struggling to tighten the pay gap between men and women in the law.
2018 is quickly shaping up to be the Year of the Woman. This year we celebrate a century of women’s suffrage - and the continuing rise of the #MeToo movement. Women are speaking up and using their voices and influence to demand real change.
Nowhere else is this need for change more evident than in law, a profession in which, until 1922, women were not admitted to participate. Even when the rules changed, many law firms and chambers still cited a lack of female toilets as a justifiable barrier to employing women for many years. Whilst we’ve clearly come a long way since 1922, on average, female legal professionals are still paid less than their male counterparts and true equality still seems a long way off.
It is just short of 50 years since the Equal Pay Act was introduced, prohibiting any less favourable treatment between men and women in terms of pay and conditions of employment. We’ve made leaps and bounds towards equality in the last 50 years, yet unfair employment policies and pay discrimination still affects many working women in the UK. These policies and biases exist despite the weight of studies clearly demonstrating that equal and diverse work environments produce the best results for businesses.
A major contributing factor to the pay gap in legal services is that women remain significantly underrepresented in senior positions. Even though there are more women entering the profession than men, they represent a small percentage of partners in leading law firms.
It’s estimated that despite qualifying in higher numbers than their male counterparts, 42 per cent of female lawyers leave the profession within nine years of qualification.
These statistics are a direct result of the archaic industry in which we work. While other industries are constantly evolving and modernising to stay at the forefront of our ever-changing environment, law has held onto its traditions, many of which are now outdated.
Another key factor that prohibits female progression in the legal industry is the focus on presenteeism. Most law firms continue to bill based on timesheets. This means that presenteeism, whilst not always productive, is what gets rewarded. This approach does not compliment or support female lawyers who often rely on flexibility once starting a family. We observe this and yet sit idly by as the outdated legal industry encourages this presenteeism, rather than quality, which in turn discourages equality.
The profession must embrace the flexibility, freedom and choice that many other industries are offering to their employees, giving people greater control over their working lives.
The latest World Economic Forum report on gender parity indicates that we’re actually going backwards across health, education, politics and the workplace for the first time since 2006.[1] Wouldn’t it be great if legal services not only bucked the trend – but led the way?
gunnercooke has embraced the opportunity to become a pioneer in the industry and transform the realm to fit into the modern business world, encouraging flexibility. We champion a business model that gives lawyers the opportunity to use the best of their legal abilities. More than this, we do so in a way that motivates them; allowing people to practice law without sacrificing their personal life, which is something that both women and men find difficult in the more traditional environments.
Championing the longevity of these careers ensures that gunnercooke has access to and retains the best female talent. gunnercooke does this by removing hourly billing targets, encouraging lawyers to think like entrepreneurs and work to their own agenda.
Our commitment to gender equality is also reflected in the number of women we have working for the company as Partners and as members of our unique support network, gcTrust. We feel we’re helping bridge those gaps created by gender disparity and inspiring others to do the same.
Other law firms need to step up and join gunnercooke in leading the way to greater gender equality. Only when we work together to celebrate the talent and quality of our lawyers, rather than the number of hours they spend at their desks, can we avoid a talent exodus.
[1] https://www.weforum.org/reports/the-global-gender-gap-report-2017
Written by Robert Conway
The digital age has turned the world of fighting crime upside-down, creating a generation of armchair super sleuths, seemingly primed to crack a case at the click of a button. In some instances, social media has turbo-charged criminal investigations, with law enforcement agencies increasingly uploading images and CCTV footage of suspects onto Facebook and Twitter, and appealing for tip-offs from the general public. The broad reach and real-time nature of social media means it can be an incredibly effective tool in this regard, credited with solving missing person cases, abductions and even murder.
But this phenomenon has a dark side. The dissemination of material concerning a particular case or suspect online can seriously compromise a defendant's right to a fair trial. Given the ubiquitous nature of social media, there’s a real chance that a juror—bound to consider only evidence admitted in court—will be prejudiced by reading information that falls outside of this bracket online. This is particularly true when it comes to cases that elicit a strong emotional reaction from the general public. Seeing a digital lynch-mob baying for the defendant’s blood could make jurors feel pressured to return a guilty verdict.
You might question whether, if it appears blindingly obvious that a suspect is indeed guilty, this is actually a problem. As a defence solicitor, you probably won’t be surprised to hear that my answer is a resounding ‘yes’. The presumption of innocence is the bedrock of our criminal justice system, with the right to be considered innocent until proven guilty enshrined in Article 6 of the Human Rights Act 1998. An impartial jury is absolutely essential to upholding this right and if this is compromised, a trial will be scrapped.
That’s what happened just three years ago when two teenage girls were accused of brutally murdering Hartlepool woman Angela Wrightson. In this case, presiding Judge Sir Henry Globe QC felt compelled to abandon the trial after evidence of “an avalanche of prejudicial comment" was presented to him by the police. The 500+ comments were found posted on an array of Facebook pages, including those of major media outlets. He ordered these organisations to remove every comment about the trial from their news articles and social media posts, and barred the media from tweeting or retweeting information relating to the trial.
Under the Contempt of Court Act 1981, it is unlawful to publish anything that causes “substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced, even if there is no intent to cause such prejudice”. Breaching the Act not only diminishes the likelihood of a fair trial, it also delays justice for victims and their families being served. In the Wrightson case, for example, a second trial wasn’t held until more than half a year after the first one collapsed. Both teenagers were eventually found guilty of murder and sentenced to a minimum of 15 years imprisonment.
Publishing restricted material can have severe consequences for the offending parties. Just because a person happens to lurk behind a Twitter avatar, rather than a tabloid news desk, does not give them free reign to publish defamatory, prejudicial or otherwise prohibited information online. Ten Twitter trolls learnt this the hard way when they revealed the identity of the woman who accused footballer Ched Evans of rape—despite the fact that alleged victims of sexual abuse are given anonymity for life—and earned themselves police cautions. In another case, it was a juror who fell foul of contempt of court laws by indicating that he would find the defendant guilty in a Facebook post which declared that he had “always wanted to f*** up a paedophile”. He was sentenced to two months at Her Majesty’s pleasure.
However, these sorts of cases are rare. Given how social media provides individuals with a platform to share whatever they like en masse and under a veil of anonymity, such restrictions can be difficult to enforce. Last September, the Attorney General for England and Wales began an inquiry into the impact of social media on criminal cases and whether legislation needs to be updated to keep in step with our virtual age. But some are worried that additional restrictions could pose a threat to freedom of expression and open justice. Both principles are clearly hugely important. Free speech is the lynchpin of any legitimate democracy, while media reporting ensures that the judiciary is held accountable for its actions.
Like Lady Justice herself, the law has a delicate balancing act on its hands. In determining what kinds of social media content could prejudice a trial, it can be tricky to know where to draw the line. Yet we need only look across the pond for what could be a prime example of going too far.
Last month, an attorney for a Chicago man accused of sex-trafficking alleged that her client had no hope of securing an impartial jury in the throes of the #MeToo movement. She argued that the social media-driven campaign to raise awareness of the prevalence of sexual abuse and effect systematic change made it nigh-impossible to “select a jury that is untainted by the veritable flood of reporting on the subject”. The attorney therefore requested a delay in order to formulate a questionnaire to identify potentially prejudiced jurors.
But could this argument really hold up in court? After all, #MeToo is a broad movement; it is not targeting the defendant himself but rather speaks to the zeitgeist. It raises the question of whether jurors can be placed in an absolute vacuum, devoid of any engagement with our ever-evolving culture. And for better or for worse, social media is becoming an increasingly integral part of our lives.
From the witch hunts of yore, to today’s virtual vigilantes, we’ve always harboured a passion for giving the administration of justice a helping hand. Now, though, it seems that the public is positively champing at the bit to ‘solve’ real-life mysteries. Perhaps we’ve been galvanised by the call to actions from law enforcement on social media. Or maybe the recent proliferation of true crime TV shows and podcasts (and the rabid online fanbases that accompany them) are to blame. But before clicking ‘like’ or ‘share’ on a seemingly crucial clue, ask yourself whether the content could be fake news, and consider how your actions could impact an active investigation. A digital footprint is difficult to erase—not only do you risk causing serious reputational damage to a potentially innocent person, you could also find yourself at the sharp end of a criminal investigation.
Director of Criminal Defence
Robert Conway is a Director in our criminal defence team at Vardags. He has over a decade’s experience advising clients who have been arrested and are subject to investigation by the police and other investigating bodies including the SFO and HMRC.
Written by Ewa Baj
Had a really tough week? Closing that last big deal sucked out all of your energy? Worry not, Lawyer Monthly has found a perfect place for you to drop all your problems at the door… a pearl on the UK’s hotel market, where you can recharge your batteries.
Located in the city of Bath, The Royal Crescent Hotel & Spa is a place where you forget about all troubles embedded in the ordinary day – literally all of them! You don’t even have to worry about parking your car (which is a blessing for the haters of bay parking), as a professional concierge will not only do that for you, but will also carry your luggage to your room – no matter how heavy your suitcase! You can just sit down, relax and let The Royal Crescent Hotel & Spa team spoil you.
The Royal Crescent Hotel & Spa definitely makes a huge impression, as it perfectly embraces a historical building from 18th century, with the luxuries of the 21st century standard. Being one of the greatest examples of Georgian architecture and a national landmark, the hotel at all times is surrounded by people admiring the building’s beauty and presence. Watching from the inside, peeking at all the travellers photographing the landmark, you can feel like a true member of the royal family surrounded by paparazzi - quite an unusual and unique experience.
At The Royal Crescent Hotel & Spa you can stay in one of the spacious bedrooms or even greater suites, enjoying a private living room. Irrespective of what your choice is, rest assure that you will experience the known ‘modern luxury’. Beautifully decorated to the highest standard, the rooms welcome you with fresh flowers and delicacies – chocolates for the ones with a sweet tooth and fruits for fit-orientated guests. But the ultimate relaxing stay equates to more than just a great room with an extra comfy bed, and this is where The Royal Crescent Hotel & Spa excels again.
If you don’t believe in magic, you may change your mind once you try one of the dishes from The Dower House Restaurant. It is no overstatement to say David Campbell – Executive Head Chef – and his team must enchant meals before serving them. Unbelievably delicate beef and pork accompanied by wine selected by sommelier JeanMarc Leitao, definitely constitutes to a perfect evening.
And I would advise that you book yourself a spa treatment, because… why not! From facials, body treatments such as massages and wraps, manicures and pedicures, you will feel like a new person afterwards. The Spa & Bath house prides itself using luxurious holistic brands, such as Elemental Herbology, that gives your skin an ultimate cleanse through five, key elements: Wood, Fire, Earth, Metal and Water. Your element is chosen based not only on your skin type, but also your lifestyle, to make sure you achieve optimal results. With your face rested into a massage table and the smell of body oils rising
from your skin, you can benefit from the best of Chinese medicine. Spa facilities also include 12-metre heated relaxation pool, Vitality Pool with massage jets, Himalayan Salt Infused Sauna, Blossom Steam Inhalation Room, Fitness Room with the latest Power Plate technology. With so many options to choose from, everybody can find their own way to melt their stress away.
Although The Royal Crescent Hotel & Spa is a perfect “escape destination” don’t let the appearances confuse you. With a wide variety of meeting and event spaces it can easily accommodate more
or less formal meetings and weddings.
The Royal Crescent Hotel & Spa waits for you, all you need to do is to decide when and for what purpose you want to visit it.
Visit www.royalcrescent.co.uk for more information
Nina Cummins speaks on changes which will occur regarding net neutrality and internet regulation which will impact businesses and the digital world.
With net neutrality being a hot topic, what do you expect to occur in the next year regarding the debate into this area?
I see the next year being characterised by national telecoms regulators and businesses each pushing to gain a better understanding of how individual provisions in Regulation 2015/2012 (the "EU Net Neutrality Regulation") and the associated BEREC Net Neutrality Guidelines apply to specific business proposals and new offers they are seeking to launch. Despite the intense debates, many operators and consumers have not experienced the 'big bang' effect some predicted. However, many businesses are still unclear about where parameters lie under the new neutrality rules especially with regards to new types of services or offers they are seeking to launch. In some cases, consumers are missing out, as operators don't have sufficient regulatory certainty as to how new offers will be received by the relevant regulators and don't want to become the first test case in the area.
Some of these uncertainties may be resolved through the recent consultation launched by BEREC (the body of European telecoms regulators).
How do you see the next year looking with regard to whether there should be more internet regulation?
I think it's fair to say that the call for more internet regulation has started to sound like a battle-cry for many in this space, whether it's additional competition, data privacy, telecoms, tax, or copyright rules as well as broader rules on liability for content. But there is a real danger that what has become a particularly emotive issue leads to unnecessary and inappropriate regulation that stifles innovation, diverts regulators from addressing 'real' issues, and hurts the very persons intended to be protected i.e., the users of the services.
The debate here needs to move on from what is often being presented as a pure numbers game. The drive should not be for more regulation per se. We need to move the debate on from applying 'old' rules to new technologies, and accepting that the ways in which we engage with the internet have evolved, and will likely continue to do so in the coming years.
There needs to be greater focus on what harms are occurring in the market, whether these are legal or economic harms (or a mixture of both) and not automatically assuming that more regulation is needed to address these harms. Self-regulation and/or co-regulation – which is not to be confused with giving internet companies free rein – coupled with the right parameters may be more successful. Allowing legislatures and regulators to focus on any discrete areas where a more formal approach is needed. We should not be afraid of shifting focus from drafting new rules to considering whether the same results can be achieved by removing outdated rules.
Have the EU Commission's digital single market proposals become something of a white elephant, with many being shelved and others stalled?
I'm sure those in the EU institutions working on the various initiatives can attest to a lot of work being done. And certainly with regard to certain files – such as the draft European Electronic Communications Code ("EECC"), there seems to be an almost never-ending stream of updates from working parties and stakeholders involved in the process.
What would not be good for businesses however, would be for panic to set in to get a deal done that then takes precedence over valid concerns about practicability i.e., operators' ability to give effect to the legal text, and/or which undermines legal certainty and consistency. In the meantime, national telecoms regulators still have a job to do within their own jurisdiction. So, it's not surprising that Ofcom in the UK has pushed ahead with its review of the general conditions of entitlement that attach to the general authorisation framework. UK businesses will be watching carefully over the coming months to see whether there are any significant divergences between the new UK conditions and the end-user protections that are finally negotiated in Title III of the EECC.
Nina is a recognised competition & communications regulatory specialist. She is a partner in the international digital specialist law firm, Osborne Clarke LLP, where she leads the UK telecoms regulatory practice. Truly passionate about all things tech, Nina combines in-depth knowledge of telecoms regulation with commercial pragmatism, and her sheer energy and enthusiasm for working with fast-paced, high-tech multinational clients. Nina is qualified as a solicitor in England & Wales, Northern Ireland, and Republic of Ireland. She is also qualified as a Rechtsanwältin (German lawyer).
The ZEABORN Group has acquired 100 per cent of the business shares in E.R. Schiffahrt GmbH & Cie. KG ("E.R. Schiffahrt"). With retrospective effect from 1 January 2018, E.R. Schiffahrt's management, staff and subsidiaries, including the shipbroker Harper Petersen & Co., will be integrated into ZEABORN Group. The relevant contracts were signed by the transaction parties on 1 February 2018. The completion of the transaction is subject to antitrust clearance. The parties have agreed to keep the key financial data confidential.
With the takeover of E.R. Schiffahrt, ZEABORN has achieved another important milestone on its way to becoming an integrated and globally operating shipping company in both line and tramp shipping: the shipping fleet under commercial and technical management has been expanded by 61 container vessels and 20 bulk carriers to more than 165 vessels.
Once E.R. Schiffahrt with all its subsidiaries and the shipbroker Harper Petersen have been integrated, the ZEABORN Group's employee numbers will be approx-imately 360 staff on shore and more than 5,000 staff at sea. Having locations in Asia, Europe and the US, the company has a global presence.
HANSA PARTNER was responsible for the tax advice and structuring on behalf of the vendor.
Joachim Pietsch (Partner) managed the transaction which required special tax knowledge in the fields of shipping, ship management and tonnage tax.
Their team commented: “The legal form of the vendor in the German shipping industry was complex and demanding in respect of creating an optimal tax structure within the scope of the merger.”
Glen Wagstaff, Founder and Managing Partner at Inter Vivos, PLLC, believes planning around your estates for the future is as much about values as it is about the assets themselves. Glen and his firm are on a mission to make “proper planning affordable and accessible for everyone” in a family focused environment that challenges more than just competition on price.
What would you say are the most common obstacles clients face in the US as they look to plan their estates?
Most families are unaware of what their planning needs are. It is common for a client to assume that they have very basic planning needs when in reality there are more complex or specific provisions that they should have in their plan.
Many people would assume that when one dies or becomes mentally disabled, without proper estate planning, their assets automatically pass to their next of kin or offspring. Are they wrong and why?
Most of the time, between spouses it is fairly easy to arrange for assets to pass automatically to each other, but to anyone else the law generally provides for a court directed probate process, which would be necessary for assets to be transferred to offspring or next of kin, or according to the provisions in their will. In the United States the best way to avoid this is through a properly structured and funded trust plan.
What is the difference between family estate plans and niche estate plans; which would be best for clients?
Most families may only need a family estate plan. Niche planning is used to address situation specific needs or asset specific needs, but it is important if a client has those assets or situations. For example, business owners generally need to consider business succession planning while families with special needs children, spendthrift children, or with strained relationships between individuals, should address those specific needs in their planning.
As a thought leader, how are you actively working towards the development or implementation of new estate policies?
We believe while estate planning is becoming increasingly important and needed for our aging population, our industry is becoming very polarized with large traditional law firms on one side and non-lawyer services like Legalzoom and Rocket Lawyer on the other. The legitimate experts in the industry who take a value driven approach to planning are being squeezed out of the marketplace because they find it difficult to compete in terms of price or marketing, and the public is largely unaware that there even is a difference. We want to present a better model for the industry and build out opportunities for professionals to be successful at specialty planning. We also want to make proper planning affordable and accessible for everyone, which is why we have different planning options and price points representing different planning experiences for clients to choose from. We want to help clients pass on values, not just assets, so to do that we offer a much more customized approach to the planning process. This year we are also doing our very first Legacy Retreat to Costa Rica, which allows clients to learn valuable principles about building a legacy and transferring values, while combining humanitarian service with a high-end vacation. We want to help change the way people think about planning and the planning process.
Is there anything you would like to add?
As we expand, our goal is to become the largest and most influential estate planning law firm in the world. We currently have licensed attorneys in four countries including the US and in 17 states within the US.
Inter Vivos, PLLC
100 N State St, Ste B
Lindon, UT 84042
+18014771570
Inter Vivos is an estate planning law firm offering customized planning solutions including Estate Planning, Tax Planning, Asset Protection Planning, Business Planning, Legacy Planning and Estate Administration. Most of our clients are middle class families needing to protect their assets and their loved ones.
We structured the firm as a cooperative virtual law firm, which is very unique in our industry. It allows our attorneys a lot of flexibility and independence while at the same time allowing us to grow into a large firm with well-known branding and to reach clients across the country and globally.
