Tarek Farran Joins Leaders in Law as the exclusive Business Law member in Lebanon

Leaders in Law, the leading platform in its field, is delighted to welcome Tarek Farran as our exclusively recommended & endorsed Business Law in Lebanon.

Tarek Farran is currently the managing partner of Farran Law Firm where he supervises the firm’s corporate clients.

Tarek specialises in business and corporate transactions. He uses his expertise in this field to serve clients in Lebanon and the Gulf, as well as several African and European countries. He is skilled in structuring major (telecommunications and other) corporate transactions and participated in the restructuring of existing group of companies (mainly family businesses) while introducing and implementing proper governance, and he actually sits on the board of a family owned business.

Jose de Pierola Joins Leaders in Law as the Exclusive Patent Law Member in Peru

Leaders in Law, the leading platform in its field, is delighted to welcome Jose de Pierola as our exclusively recommended & endorsed Patent expert in Peru. Jose’s office is located in Lima.

Jose de Pierola is a Intellectual Property Attorney; admitted to Lima Bar Association (Peru) and Alava Bar Association (Spain). His practice include; Patent and Trade Mark Prosecution, Oppositions, Appeals, Cancellation Actions, Nullity Actions, Infringement Actions at the Peruvian Trade Mark Office, Legal Actions at the Peruvian Courts, Intellectual Property, General and Procedural Law and Domain Name Dispute Resolution.

He studied at Universidad de San Marcos (Bachelor at Law; Lawyer’s Degree; Doctor in Law) McGill University, Montreal, Canada (Diploma in International Air and Space Law) and The Southwestern Legal Foundation, Dallas, Texas (Diploma in Comparative Law).

Gadens Strengthens its Brisbane Property and Construction Group with a Team of Three Planning and Environment Lawyers

Gadens has strengthened its Planning and Environment offering in Brisbane, attracting a team of three into the Property and Construction Group. Gerard Timbs (Partner), Amelia Prokuda (Director), and Mitchell Osborne (Special Counsel) have joined in the last month from Holding Redlich.

Gerard, Amelia and Mitchell’s appointments follow the recent announcement that Paul Calvert (Partner) has returned to Gadens from Multiplex to advise on projects and construction.

Natasha Hood, joint lead of the Property and Construction Group said,

“The appointment of Gerard, Amelia and Mitchell is an excellent addition to our already thriving practice and will enable us to further expand the breadth and depth of planning and environment advice to our clients in an area that is so crucial to the success of projects and transactions in this space.”

Commenting on his decision to join Gadens, Gerard said,

“With significant infrastructure and development planned for South-East Queensland over the coming years, joining Gadens provides an immense opportunity to be part of a leading practice to work closely with top-tier developers, local and state government to provide advice on the plethora of planning and environment issues for their developments.”

Highly regarded in the industry having been recognised in both Best Lawyers and Doyle’s, Gerard brings over two decades of experience in both contentious and non-contentious planning and environment matters. His experience has included the delivery of major renewable energy, master-planned residential and commercial developments as well as local, state and federal government work.

Amelia brings town planning, development and environmental law experience to Gadens as well as experience in land acquisition and compensation matters, and appeals, applications and enforcement proceedings in the Planning and Environment Court, Land Court and Magistrates Court.

An experienced lawyer and qualified town planner Mitchell provides front-end and back-end advice to developers, landowners, local and state governments on planning, environmental, infrastructure and property matters.

John Nicolas, joint lead of the Property and Construction group said,

“These key appointments support the continued growth of our group into key areas where we expect strong demand from our clients. Gerard, Amelia and Mitchell are all highly regarded practitioners. Their capabilities and experience will strongly complement our offering, further enhancing our firm’s ‘fire-power’. We are extremely pleased they have joined Gadens and look forward to the valuable contributions they will make for our clients.”

Notice of Establishment of “AMT Metaverse Legal Study Group”

We are pleased to inform you that AMT Law Firm have decided to establish the “AMT Metaverse Legal Study Group”.

Due to the prolonged Korona-ka, the use of “virtual space” including “metaverse” has rapidly penetrated, and “virtual space business” is attracting worldwide attention as a new economic zone. On the other hand, the legal aspect of the “virtual space business” is finally at the stage where the need for full-scale examination is being recognized.

Based on this situation, AMT will continue to organize and examine legal issues related to “virtual space business” from various perspectives such as the Intellectual Property Law, Data Protection Law, Electronic Commerce Law, Financial Regulation Law, and Tax Law. They have set up this study group, which is composed of lawyers specializing in each field, across fields.

In the future, they plan to hold a study meeting for each theme about once a month, with the first meeting on Thursday, April 7, 2022.
The results of this study group will be widely announced through seminars hosted by their office and various media.

AMT Metaverse Legal Study Group
Ken Kawai / Shunsuke Aoki / Takeshi Nagataki / Takashi Nakazaki / Hiroshi Shimoo / Inoue Inoue / Rinsuke Kazama / Miko Nakamura / Yuko Triangle / Takugo Tsunoda /Hiroki Tsue

Emerging Damage and Loss of Earnings. The Revenue Agency Returns to the Taxation to be Applied.

With its response to question no. 185 of April 8, 2022, the Revenue Agency provided clarification about demotion and damages for loss of chance, stating that the sums awarded on an equitable basis by the Court, to compensate for the injury to the employee’s professional capacity, are to be considered non-taxable, in that they can be configured as consequential damages and, therefore, are not subject to withholding tax.

Before going into the merits of the Revenue Agency’s ruling, in terms of demotion, we can distinguish:

  • the pecuniary damage, deriving from the impoverishment of the professional capacity of the worker or from the failure to acquire greater capacity, with the related loss of chances, that is, of further possibilities of earning,
  • non-asset damage, including, inter alia, (i) damage to the worker’s psychological and physical integrity, (ii) existential damage, such as any prejudice that is not merely emotional and inner, but objectively ascertainable, that alters the worker’s habits and relational assets, inducing him/her to make different life choices as regards the expression and realization of his/her personality in the outside world, (iii) damage to the professional image and (iv) damage to the worker’s personal dignity.

The case that involved the tax authority originated from the request of a company that, having already paid to the Revenue Agency the withholding tax – operated on an amount awarded as compensation for damages to an employee – wanted to understand

  • whether the interest was intended to make up for the damage suffered and, therefore, was to be considered as having no relevance to income and improperly subjected to withholding tax or, differently, as being intended to make up for the loss of profit, with full relevance to income and, therefore, correctly subjected to withholding tax,
  • the procedures for recovering the withholding tax potentially considered to have been paid in error, assuming that this can be done when submitting the supplementary 770/2021 form, relating to the 2020 tax year.

In 2020 the petitioner had paid in two tranches to a former employee, the entire sum awarded as compensation for demotion by a sentence of the Court appealed by the same employee.

Specifically, a first instalment as an amount net of withholding tax, then, at the official request of the former employee, who had claimed the non-taxability of the sum in question, a second instalment by paying the difference between what was settled with the judgment and what was received.

In response to the question, the tax authorities point out that, based on Article 6, paragraph 2 TUIR, income earned in lieu of income and indemnities received, including in the form of insurance, as compensation for damages consisting in the loss of income, excluding those dependent on permanent disability or death, constitute income of the same category as that replaced or lost.

In this regard, in practice it has been specified that the indemnities paid by way of compensation must be taxed, provided that they have a replacement or supplementary function for the income of the recipient; in substance, the sums paid in order to replace lost earnings (so-called loss of profit), both present and future, of the person who receives them, are taxable.

On the other hand, the indemnities paid in order to restore the assets of the subject, or in order to compensate the economic loss suffered by the assets (so-called “emerging damage”) do not assume income relevance.

In view of the above, the Agency concludes that the sums settled on an equitable basis by the Court, following the injury to the professional capacity of the worker, are to be considered non-taxable, in that they can be configured as emerging damage and, therefore, aimed at compensating the economic loss suffered by the assets.

Therefore, as the petitioning company has already returned the withholding tax to the former employee, it may recover this amount by submitting the supplementary declaration for Form 770/2021 relating to tax year 2020.

With the response to the rulling , therefore, the Revenue Agency reiterates not only that, in terms of demotion and loss of chance, the sums settled on an equitable basis by the Court, following the impairment of the employee’s professional capacity, are to be considered non-taxable, but also that the chance represents a value that can be independently assessed from an economic point of view, making its loss a current and compensable damage.

Jacy Whittaker Joins Leaders in Law as the Exclusive Commercial Litigation Law Member in the Bahamas

Leaders in Law, the leading platform in its field, is delighted to welcome Jacy Whittaker as our exclusively recommended & endorsed Commercial Litigation Law expert in the Bahamas. Jacy’s office is located in Freeport.

For Jacy Whittaker, the key to winning cases is being abundantly overprepared. As an attorney, Jacy gears up for war on everything. The litigator never walks into a courtroom without more research, more evidence, and more potential angles than warranted. This over-preparation allows him to think on his feet, building confidence—and the court’s regard—through each winning application, writ, submission, and hearing. Rather than being exhausted by sheer volume, the youthful lawyer becomes even more invigorated. After all, he lives to argue—and win.

Jacy got his start in 2000, working as a legal assistant for Frederick R.M. Smith, QC, a legendary attorney in the Bahamas. Mr. Smith had been intrigued by a brand of intelligence that has since served Jacy well in the courtroom. Even then, a talent analysis showed Jacy’s strengths as a future litigator.

If you require any assistance in this area, please use the contact details provided in Jacy’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Fotini Kardiopoulis joins Leaders in Law as the exclusive Anti-Counterfeiting Law member in Greece

Leaders in Law, the leading platform in its field, is delighted to welcome Fotini Kardiopoulis as our exclusively recommended & endorsed Anti-Counterfeiting Law expert in Greece. Fotini’s office is located in Athens.

Fotini Kardiopoulis, partner and co-founder of Dr Helen G Papaconstantinou and Partners (HP&P), heads the firm’s anti-counterfeiting and anti-piracy department. She holds a law degree from the University of Athens with first-class honours and an LLM from the London School of Economics and Political Science. She joined the Athens Bar in 1985 and has been admitted to practice before the Greek Supreme Court and the Council of State. She has also been a lecturer for 10 years at the Police Academy.

Since 1998 she has been dealing with a broad range of IP matters with an emphasis on trademarks, anti-counterfeiting/anti-piracy, plant breeder’s rights, contract drafting and reviewing and alternative dispute resolution. She has extensive experience in devising and implementing anti-counterfeiting programs, filing and administering customs actions, IP litigation, monitoring and enforcing IP rights online and advising on domain name disputes, consulting on license & franchise agreements and on copyright issues.  In addition, she has conducted numerous significant seizures/raids, including preparatory investigations concerning various sectors, such as apparel, electric/electronic goods, toys, watchmaking, alcohol and tobacco/cigarettes, often involving civil and criminal action in addition to customs procedures.

If you require any assistance in this area, please use the contact details provided in Fotini’s profile below or contact us at info@leaders-in-law.com & we will put you in touch.

Impact Of The War On Women And Their Rights

The Russian aggression has impacted women in many ways.

There are increasing reports of women becoming victims of rape as a weapon of war.

At the same time, more than 4 million refugees arrived in the EU from Ukraine, 90 per cent of them being women and children, in need of housing, healthcare, education for the children and work opportunities.

There are as well many unofficial reports of increased risks of trafficking and sexual exploitation for the refugees.

The FEMM Committee is looking into all these aspects.

On Monday 25 April, the FEMM Committee voted on its question for oral answer and motion for a resolution on the impact of the war against Ukraine on women.

The FEMM Committee is preparing an oral question and a resolution on the impact of the war against Ukraine on women.

The question for oral answer was adopted with 30 votes in favour, 0 against and 4 abstentions and the motion for a resolution was adopted with 29 votes in favour, 2 against and 3 abstentions.

Gen Takahashi Joins Leaders In Law As The Exclusive Cross-Border M&A Law Member In Japan

Leaders in Law, the leading platform in its field, is delighted to welcome Gen Takahashi as our exclusively recommended & endorsed Cross-Border M&A Law expert in Japan.

Gen Takahashi handles a variety of corporate matters with a particular focus on cross-border M&A transactions involving Japanese entities. He provides thorough and practical legal advice based on his experience of working in Singapore and Australia, as well as at the M&A division of a major securities firm in Japan. His other major areas of practice encompass domestic M&A deals including public deals, general corporate, anti-trust and commercial contracts. He also regularly advises on labor and dispute resolution matters for domestic and overseas clients.

If you would like to get in touch with Gen, please use the contact details provided in the below profile.

Francis Xavier joins Leaders in Law as the exclusive International Arbitration Law member in Singapore

Leaders in Law, the leading platform in its field, is delighted to welcome Francis Xavier as our exclusively recommended & endorsed International Arbitration Law expert in Singapore. 

Francis is Regional Head, Disputes Practices of Rajah & Tann and was appointed Senior Counsel in January 2009. He practises in the areas of international and treaty arbitration and cross-border commercial litigation.

He specialises in corporate and commercial disputes especially in the areas of corporate, banking, property and financial and investment related claims. He also specialises in aviation law and advised in the class-action suit resulting from the crash of the SilkAir flight in Indonesia in 1997 and the Taiwan SIA crash.

If you require any assistance in this area, please use the contact details provided in Francis’ profile below or contact us at info@leaders-in-law.com & we will put you in touch.