Italian Freezing Of Redundancies: Better To Summarize

Italian government identifies a solution to face the pressures received (DL 99/2021 of last June 30, Art. 4).

Employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15 remain precluded until 31 October 2021 from the possibility of individual and collective economic redundancies.

In view of the block, it was possible for a maximum duration of seventeen weeks in the period between 1 July and 31 October 2021 to grant the ordinary wage supplement treatment (art.19 and 20 DL 18/2020) without the payment of the additional contribution.

Lowering the new provision in the context of the ‘Sostegni’ Decree (art.8 DL 41/2021 converted by L 69/2021), it follows that:

  • The general block on dismissals for workers of companies that have CIGO and extraordinary CIG (especially industry and agriculture) ended on 30 June 2021
  • Redundancies are forbidden until October 31, 2021 for employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15
  • Redundancies are prohibited until October 31, 2021 for workers of companies covered by ‘FIS’ and instruments in derogation (especially tertiary)

In any case, while the block is in effect, it is always possible to terminate the employment relationship in the following cases

  • corporate collective agreement
  • expansion contract
  • reinstatement for change of contract
  • bankruptcy
  • definitive termination of the company’s business (which does not involve the transfer of a company or one of its branches)
  • just-cause dismissal
  • dismissal for disciplinary reasons
  • dismissal for exceeding the grant period of illness
  • dismissal for failure to pass the probationary period
  • dismissal for reaching age for the use of the old-age pension
  • dismissal for unfitness for duties
  • dismissal of the domestic worker
  • dismissal of the manager (even if a recent jurisprudential orientation is contrary)
  • the termination of the apprenticeship at its expiration date
  • consensual employment terminations and resignations for just cause

A&O launches Silicon Valley tech team as Linklaters hires litigation star

In a major expansion of its US operations, Allen & Overy (A&O) has made an eye-catching move for seven White & Case technology partners to establish a new Silicon Valley presence.

Making the switch are partners Shamita Etienne-Cummings, Bijal Vakil, David Tennant, Eric Lancaster, Adam Chernichaw, Daren Orzechowski and Alex Touma. The new multidisciplinary team will be headed by Orzechowski and Vakil, with all of the arriving partners operating from the current locations in Silicon Valley, San Francisco, New York and Washington DC.

The team will offer a combined strength in technology disputes, transactions, patent litigation and intellectual property. As well as a new Silicon Valley hub, the team transfer will also provide A&O with a new San Francisco office.

A&O senior partner Wim Dejonghe said: ‘All businesses are technology businesses now. Our clients have been asking us when we will have a presence in Silicon Valley and now we are adding an offering that we will grow to serve as the firm’s centre of excellence in a range of technology areas. This is truly a top team and integrating them into our existing practice will be game-changing for us, not just in the US, but in our capabilities to serve clients in the key markets of Europe and Asia as well.’

Continuing the Magic Circle’s US push this week, Linklaters has appointed litigation heavyweight Richard Smith as a partner in Washington DC, a rare exit from Quinn Emanuel Urquhart & Sullivan. With over 30 years’ experience, Smith has an established reputation in litigation, particularly in white-collar defence.

Prior to private practice, Smith spent 15 years as a senior government prosecutor and was the former principal deputy chief for litigation of the fraud section of the US Department of Justice, Criminal Division.

Adam Lurie, head of Linklaters’ dispute resolution practice in the US, commented: ‘I’ve worked across from Richard on high-profile cases and our clients will benefit from his extensive experience, outstanding judgement and exceptional advocacy skills.’

In the UK, Walker Morris has made a significant addition to its real estate group, hiring partner George Bacon from Eversheds Sutherland. Ranked by The Legal 500 as a ‘leading individual’ for real estate in Yorkshire and the Humber, Bacon was previously head of real estate for Eversheds’ Leeds office.

Bacon said: ‘As a unique one-site firm located in Leeds, Walker Morris’ entrepreneurial philosophy, excellent reputation and breadth of expertise give it a distinctive edge and I am looking forward to being a part of one of the strongest specialist real estate teams in the country.’

Bird & Bird has expanded in London with the addition of experienced corporate finance partner Nick O’Donnell, who joins from Baker McKenzie. O’Donnell has spent 20 years advising clients across the technology, healthcare, energy, retail, media and financial services sectors on M&A, equity capital markets and ESG matters.

He has significant pedigree, having worked at Allen & Overy for over a decade with secondments at Morgan Stanley and Goldman Sachs.

Matt Bonass, head of Bird & Bird’s corporate group in London, said: ‘He has an excellent track record of advising on upper mid-market, cross-border deals; and his reputation is outstanding. We’re looking forward to having him onboard!’

Finally, in New York, Squire Patton Boggs has hired tax partner Jeffrey Koppele from Ashurst. Koppele has a wide practice advising clients on both domestic and international transactions, as well as dispositions, bankruptcy and restructurings, funds and investments, capital markets transactions and real estate investments.

Mitch Thompson, global head of the tax strategy and benefits practice group, said: ‘The expansion of our US tax team is an important part of our global growth strategy and Jeff will be significant boost our US and international tax offering to clients.’

Leaders in Law – Global Awards 2021 – Nominations

We would like to thank you for all of your nominations for the Leaders in Law Global Awards 2021. 

We are currently finalising our awards but if you would still like to be considered for an award please contact info@leaders-in-law.com or visit our nominations page:

https://www.leaders-in-law.com/nominations/

Winning applicants will be featured in our exclusive Global Awards 2021 Magazine, recieve a crystal trophy and our signature logos for marketing purposes:

Global Award Winner Logo LB

Global Award Winner Logo DB

Good Luck to all and Stay Safe,

The Leaders in Law Team

How To Build A Solid Personal Injury Case In 7 Easy Steps

Personal injury cases are the lawsuits filed against the people who have injured you in any way possible. Personal injury cases are one of the most common cases filed every year. Almost 2 million personal injury cases are filed every year where most plaintiffs are involved with car accidents injuries, slip and fall injuries, and injuries caused by negligence.

In addition, the accidents cost lost wages, reduced ability to work, and additional conditions that come after the accidents. Hence, getting the right compensation becomes essential.

While assessing the loss for the compensation, you need to look after every small detail that can be considered an expense and added to your compensation calculation. Working with an experienced attorney will help you come up with the most accurate compensation number. To know how a personal injury attorney can help you, read more here.

What Factors Make Up A Viable Personal Injury Claim?

Although there are many factors that make your claim rock solid, all the factors can be categorized into these three umbrella factors.

  • Damages and injuries.
  • Clear liabilities.
  • Deep pockets.

Yes, there is a possibility that someone was negligent, and their negligence caused the accident. However, if you do not have any proof to claim, you don’t have any case to fight.

If you want to build your case, you need to have the right evidence for it. For instance, the injuries you have accrued in the accident. Furthermore, you need to find the liability which proves the opposition is at fault.

How To Build Your Personal Injury Case?

When you are injured at the cost of other negligence, you have the full right to ask rhythm for compensation for their mistake. However, when they refuse to give you the right compensation, you can take them to court.

However, before you take the opposition party into the country, you need to know that you would not be able to get the true value of your claim without a strong case. That being said, here we are with the things you need to consider to make your case strong.

Step 1: Know The Type Of Case Your Are Dealing With

Before filing a personal injury lawsuit, you must know what type of case you’re dealing with. Understanding the nature of the case will help you prepare yourself accordingly.

Step 2: Get A Complete Medical Treatment

If the accidents have caused you harm or severely injured, get complete medical treatment. The medical records act like evidence and make your case sturdier.

Step 3: Hire An Attorney

Some of the accidents can harm you emotionally and make it difficult to take any legal decision. In such a scenario, you should seek help from a personal injury attorney. A personal injury attorney can help you negotiate, manage the case-related document and give you enough time to recover from your injuries.

Step 4: Look For Witnesses

Witnesses play an important role in modifying your case. Look for witnesses who are willing to give their statements. Having witnesses to your side might bolster your side of the story and revamp your case.

Step 5: Gather Evidences

Law believes the evidence you showcase in your case. The more evidence you can provide to support your claim, the better for your case. Gather evidence that can help the judge reach an amicable decision.

Step 6: Consider Your Pain & Suffering

It is a good idea to express your pain and suffering in the courtroom. This shows that just drastically the injuries have affected your life. In addition, your pain and suffering help the judges evaluate the severity of the damage you have accrued.

Step 7: Seek A lawsuit Funding

Finally, seek lawsuit funding for your case. It is a quick source of money for the plaintiff amid the case. With the lawsuit funding, you do not have to worry about leaving your case in the middle. In addition, these loans are 100% risk-free, which means you are asked to pay only after winning the case.

The Bottom Line

The law has always been serious about the mistakes that have resulted in death. The only thing you need to do is gather enough evidence to prove your case. If you can do that, you will hold an upper hand in winning the case.

Do not be afraid of filing personal injury cases against the opposition, even if they are big names. But, before you file your lawsuit, hire a personal injury attorney to ensure your procedure is not infected by any mistakes.

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.

Baker McKenzie tackles Johannesburg ‘management issues’ with leadership change and beefed up HR

Baker McKenzie is implementing a ‘three-step plan’ to address management issues at its Johannesburg office that include a change in leadership and measures to make it easier for staff to raise confidential concerns about their treatment.

The plan was unveiled to the office at a town hall yesterday, but the global firm said it had been ‘carefully reviewing’ issues relating to the office’s management for several months.

The office culture came under the spotlight last Friday, when UK news site Roll on Friday reported that office managing partner Morné van der Merwe had stepped down and that his duties were being handled by partners from the firm’s Amsterdam office.

RoF highlighted confusion over Van der Merwe’s role, given that he was still being listed as office managing partner last week. He had in fact stepped down in April, the firm confirmed today.

Bakers’ plan comes under three headings: ‘a change in leadership’, ‘listening to and reviewing people’s concerns’, and ‘a commitment to the future and commercial success of this office’.

“Global and local leadership are clear that this is an ongoing process and that it will take time, and therefore we are not in a position to comment further on various issues and actions at present,” a spokesperson said. “However, the firm is determined to create a positive working environment and foster an inclusive culture, and is doing this using systems previously put in place to ensure we only tolerate the highest standards of conduct in our workplaces.”

“In the nine years Baker McKenzie has been operating in South Africa, we have built one of the country’s leading law offices, but there is still work to do as the office grows and matures alongside our clients, supporting a culture where all of our colleagues can thrive and make the most of their talents.”

The firm confirmed that two partners from the firm’s Amsterdam office, which has a close relationship with the Johannesburg office due to a history of shared mandates, were currently supporting the office, which is also in the process of appointing an HR lead.

It added that while it took any concerns ‘extremely seriously’ when raised, it was ‘taking additional steps to enhance our confidential workplace behaviour escalation system… which will enable any person to come forward with any concerns with the confidence that these are being treated appropriately and confidentially’.

It added that the transitional leadership team, along with regional and global leaders would be joining existing employee forums to listen to any concerns.

Van der Merwe was elevated to the managing partner role in 2017 having been one of  16 lawyers and 15 professional staff to establish the office in 2012 when their previous firm, Dewey & LeBoeuf collapsed. The former head of corporate has a particular focus on the mining sector and is highly rated.

Bakers’ Johannesburg office comes under the remit of former London office head Alex Chadwick, who stepped down from his London role a year early in June to become CEO of Europe, Middle East and Africa operations.

Like many large international law firms, Bakers has unveiled a series of initiatives to improve its ESG credentials in recent years, which include the establishment of a taskforce in June last year to improve racial and ethnic diversity across its 77 offices while in 2019 it became one of the first law firms to commit itself to achieving gender diversity targets.

Everything you need to know about the Levaquin Lawsuits

One of the most inescapable aspects of life is illness. Young or old, rich or poor, strong or weak it affects everyone irrespective of other factors and can only be controlled depending on the number of precautions taken. Some illnesses are common while others are rare. Of the common ones, most are caused by bacteria. Of these bacterial diseases, sinus infections, pneumonia, kidney infections and anthrax can be treated by antibiotics like Levaquin. The basic principle of an antibiotic is this: These drugs attack harmful microorganisms in the body and kill it instantly by triggering an increased immune response from the body. This is why people instantly feel better after having taken an antibiotic. However, all antibiotics have some or the other side effects. This article talks about the Levaquin drug and the lawsuits that arose due to its usage.

(Everything you need to know about the Levaquin Lawsuits. Source: Pixabay)

Uses

As far as Levaquin is concerned, it is an antibiotic that can be used against a wide range of bacteria including E. Coli, Streptococcus and Staphylococcus. Thus, it is capable of treating diseases like pneumonia, bronchitis, urinary tract infections, kidney infections, prostate infections and so on. Sometimes, Levaquin is also prescribed for certain kinds of plague, post-exposure anthrax, intra-abdominal infections, diarrhoea caused by E. Coli and skin infections. It has also shown some amount of benefit in treating Sexually Transmitted Diseases as well. However, Levaquin can only treat bacterial infections and not viruses. Therefore, it does not help in the treatment of common cold, flu or other such viral infections.

Side effects

As with the case of any drug, Levaquin has its own set of side effects. However, as compared to the other drugs, Levaquin has side effects that are quite intense and subsequently dangerous. These side effects can be seen in a matter of hours or weeks and can become permanent. Some of the most common side effects include Gastrointestinal and neurologic organs. Other side effects include Nausea with or without vomiting, diarrhoea, headaches, and dizziness. Constipation, loss of appetite and trouble sleeping. Now one might think that these are not that serious. All drugs come more or less with these same side effects. However, the list of side effects for Levaquin does not end there. Some of the dangerous side effects include:

  1. Tendinitis. This is a condition that results in swelling of the tendons. This is mostly accompanied by bruising, tearing and rupture in the Achilles tendon which is at the back of the ankle. Patients with any history of tendinitis or other such tendon related issues must be extremely careful before consuming this drug.
  2. Nerve damage. This is another dangerous side effect of Levaquin. It can affect the nerves in the arms, legs, hands and feet that can lead to pain, weakness, numbing sense, burning sensations and so on. If the Central Nervous System is affected, it can lead to headaches, seizures, tremors, confusions, hallucinations, light-headedness and even mental problems.
  3. Heart problems. Levaquin can lead to an increased heart rate, tears, abnormal rhythms of the heart, and something called aortic aneurysms. Aortic aneurysms are basically balloon-like bulges in the aorta (the large artery of the heart that pumps blood from the heart to the rest of the body. The swelling can lead to ruptures in the walls of the artery leading to a leaking of blood. A study done in 2015 by JAMA showed that the patients taking the antibiotics of which Levaquin is a part, showed an increased risk of aortic aneurysm. Blood pressure and blood sugar increase is also a possibility so make sure you are taking the right decision while consuming this drug.

(Everything you need to know about the Levaquin Lawsuits. Source: Pixabay)

  1. Sensitivity to sunlight. All humans have a certain amount of resistance to sunlight. Consuming Levaquin can lead to a decrease in this resistance to sunlight and can lead to severe sunburn, blisters, and skin rashes. It is better to avoid going out in the sun while using this drug. If unavoidable, use large hats and cover all parts of your skin that are exposed to sunlight.
  2. Liver problems. This side effect is characterised by a yellowing of the skin and eyes much like jaundice. It also leads to dark urine, stomach-aches, light coloured stool, and vomiting.

FDA and Levaquin

Now before any drug is released for public usage, it has to be approved by the FDA (Food and Drug Administration). As far as Levaquin was concerned, the US FDA in July 2008 issued an order requiring manufacturers of this drug to include a warning on the labels to warn the consumers of the possible side effects. This is called a black box warning and is a very serious situation when it comes to the selling of a drug. In fact, in most cases this step is taken before the FDA issues a complete recalling of the drug. The dangers of this drug have been so much so that the FDA issued a statement warning consumers that the drug should only be taken if there are no other alternatives. The Levaquin warning was first issued by the FDA in 2008. In 2016 the warning was intensified based on an increasing number of complaints by the customers. In 2018, aortic aneurysms came into the picture and the labels were all changed thereafter.

 (Everything you need to know about the Levaquin Lawsuits. Source: Pixabay)

Lawsuits

Levaquin was manufactured by Johnson & Johnson. The manufacturer faced the first serious lawsuit in 2010. In that case, the plaintiff was given 1.8 million dollars as compensation for the damages caused due to the side effects. In the same year, 845 more such lawsuits took place. Some of the lawsuits are still pending even today. In all of the lawsuits, a common allegation was that the warnings were not clear enough with respect to the frequency and the intensity of the side effects.

Keeping all of this in mind, if you suffer from bacterial infections, you don’t have to worry. There are a lot of other options to treat bacterial infections. Drugs like Cipro, Avelox, Bactrim, Zithromax and so on have shown to be able to treat bacterial infections with great results. According to singlecare.com, Janssen Pharmaceuticals pulled Levaquin out of the markets in December 2017. The decision took place due to the serious side effects and due to the large number of lawsuits that were filed. However, at the time that it was discontinued, enough of Levaquin had already been produced and shipped, and lasted till 2020.

That brings us to the most important question. When does one file a lawsuit? A lawsuit can be an option if you experience any serious side effects. Schmidt and Clark LLP offer excellent legal advice when it comes to Levaquin. In case you are not able to avail of their help, it is better to find a legal expert and get the help of an able attorney as soon as possible with a good knowledge of the defective product injury. Considering the tremendous number of lawsuits that have been filed against it, there is a high chance that you might be able to get justice.

Global Award 2021 – TROPHY

“Why Metadata Matters for the Future of Copyright” – Dr Martin Schaefer in the journal European Intellectual Property Review

Metadata is essential in the copyright industry of the 21st century to keep the engine of copyright running smoothly and powerfully for the benefit of creators, users and the copyright industry as a whole. But metadata is difficult to acquire and even difficult to keep up to date, as content rights are mostly multi-layered, fragmented, international and moreover volatile.

BOEHMERT & BOEHMERT partner and lawyer Dr. Martin Schaefer deals with a solution approach for this challenge in his article “Why Metadata Matters for the Future of Copyright”, which appeared in the 08/2021 issue of the “European Intellectual Property Review” (E.I.P.R.). Together with co-author Prof. Dr. Norbert Gronau from the University of Potsdam, Dr. Schaefer develops the idea of a neutral tool for searching and improving metadata that could serve as a buffer to protect the interests of proprietary database owners and avoid the shortcomings of centralised databases.

In light of various EU efforts, the authors conclude in their paper that it is time to take the concept of a “metadata search and enhancement tool” to a new level. And this is not only for the music industry, as the entire copyright sector could benefit from such approach. Large international public organisations – such as those under the roof of the EU – would be predestined for implementation.

To Prohibit The Use Of The Islamic Headscarf Or Christian Crucifix In The Workplace Constitutes Discrimination ?

The question is whether an internal rule of a private undertaking prohibiting the wearing of any visible sign of political, philosophical or religious beliefs in the workplace constitutes direct discrimination.

The Court of Justice of the European Union returns to the topic (Judgment 15 July 2021).

The Court reminds that such a rule does not constitute discrimination of that sort provided that it covers any manifestation of such beliefs without distinction and treats all workers of the undertaking in the same way by requiring them, in a general and undifferentiated way, inter alia, to dress neutrally, which precludes the wearing of such signs.

A rule of this kind, provided it is applied in a general and indiscriminate manner, does not establish a difference in treatment.

The mere desire of an employer to pursue a policy of neutrality – while in itself a legitimate aim – is not sufficient, as such, to justify objectively a difference of treatment indirectly based on religion or belief, since such a justification can be regarded as being objective only where there is a genuine need on the part of that employer, which it is for that employer to demonstrate.

In the case in question, therefore, the dismissal of a nursery employee who had refused to remove the Islamic veil seemed legitimate.

The structure had imposed an internal regulation based on the principle of neutrality.

It should be noted that the employer had, for the same reasons, prohibited the christian crucifix to another employee.