Posts

New Member – Dr. Michael Scheele joins as the Business & Inheritance Law Expert in Germany

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Dr. Michael Scheele as our exclusively recommended & endorsed Business & Inheritance Law expert in Germany.

Dr. Michael Scheele was admitted to the bar in Munich in 1977, became member of the lawyer association in St. Petersburg (Russia) in 1991 and was licensed as legal consultant in Dubai (UAE) by the Ruler´s Court. He has advised numerous companies, which operate nationally and internationally in commercial issues as well as national and international artists in matters of media and press law. Dr. Scheele is also working as columnist for various newspapers and magazines and has published himself several popular scientific books as editor as well as author.

He studied law at the University of Munich (LMU) and Stetson University (Deland, Fla, USA) and was awarded Doctor of law 1978 (civil procedure law). From 1979 until 1989 he was accredited Honorary Consul of the Republic of Seychelles (jurisdiction Germany). Also he founded the citizens` group “Fair Press” and acted as member of the constitutional committee of the Republic of Albania.

Dr. Michael Scheele about the Legal Alliance success story:

“A sophisticated, well thought-out strategy is often the key to success. Both in court and in negotiations. Our four decades of professional experience is a guarantor for competent strategic decisions…. for the good and the benefit of our clients.

It is for this reason, that we have received several awards, both nationally and internationally.”

 

Things You Should Know Before Riding A Bicycle

/in /by

Does Florida have the most bicycle fatalities from vehicle crashes

Bicycles are a popular mode of transportation, especially in states like Florida which have a lot of sunshine and flat terrain. While bicycling is a great way to get around, there is still the possibility of Florida bicyclists getting into cycling accidents. Does Florida have the most bicycle fatalities from vehicle crashes? According to the latest car and bicycle accident statistics from the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA, 2019), Florida ranks number one in the country in the number of bicycle deaths from vehicle crashes with 161.

If you are involved in a bike crash, it is important to know your rights. You may have a legal claim against the driver that hit you, or you may need to reach a settlement with the other party if you were also at fault. It is best to hire an experienced bike accident attorney from the law firm of Jared Spingarn P.A. who can give you sound legal advice if you get into a bike accident.

Also, it’s worth keeping in mind that the statute of limitation in the state of Florida is 4 years.

Bicycle Accident Statistics in the U.S.

The latest statistics from the NHTSA show that in 2019, an estimated 49,000 bicycle crashes occurred that resulted in injuries. Of this total, 846 resulted in bicyclist deaths in the entire country.

Furthermore, these bicycle and car accident statistics show that 96% of fatal bicycle accidents happened due to a single-vehicle collision with a motorist. The data showed that most bicycle deaths happened upon impact with a motor vehicle. Additionally, most fatal bicycle crashes occurred when bicyclists were hit by the front of a vehicle.

In fatal bicycle accidents with bigger vehicles such as large trucks and buses, the most common point of impact was on the right side of the vehicle. This type of bicycle crash accounted for an estimated 20% of all bicycle accident fatalities.

Bicycle Accidents by State

When considering fatal bicycle accident statistics by state, Florida cyclists get into fatal crashes at a rate of 0.75 per 100,000 resident population. This number is above the national average of 0.26.

Delaware is the next state with the highest rate of fatal bike accidents, with 0.72 bicyclists killed per 100,000 resident population. The number of cyclists involved in fatal bicycle accidents was highest in Florida with 161, followed by California with 133, and Texas with 66.

In contrast, the State of Nebraska recorded the lowest rate of fatal bike crashes at only 0.05 per 100,000 resident population. Nebraska had only one fatal bicycle accident in 2019. There were also several states that had zero fatalities from bicycle accidents – New Hampshire, Rhode Island, Vermont, and Wyoming.

Florida Bicycle Accident Statistics

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) tracks the data on traffic and bicycle accidents in the state. In 2020, the department recorded 5,952 bicycle accidents in Florida. Of this number, 4,815 bike accidents resulted in injuries to cyclists while 759 of the bike crashes resulted in severe or incapacitating injuries.

Bicycle Deaths in Florida

Does Florida have the most bicycle fatalities from vehicle crashes? The statistics show that more cyclists are involved in deadly crashes in Florida compared to any other state.

Bicycle accidents in Florida resulted in 169 fatalities in 2020. This number increased from the previous year. Of this number, 141 cyclists were not wearing any type of safety equipment while riding. But 22 cyclists were found to be wearing bike helmets when the crash occurred.

The worst thing that can happen is getting into a fatal bike accident, in which case the immediate family members or relatives of the deceased can file a wrongful death claim against the negligent party. In this case, it is best to get a free consultation with the Law Offices of Jared Spingarn, P.A. Accident Attorneys. The attorneys in the firm can expertly handle your case.

Common Causes of a Florida Bicycle Accident

The statistics from the FLHSMV show that the following factors caused the highest number of fatal traffic accidents in Florida:

  • Drivers operating a motor vehicle in a negligent manner
  • Drivers’ or cyclists’ failure to yield right of way
  • Failure to keep in the proper lane (bicycle lanes for a cyclist or correct road lanes for drivers)
  • Drivers ran off the roadway resulting in them hitting cyclists, pedestrians on the sidewalk, or off-road structures

In crashes that resulted in incapacitating injuries, the statistics show the following causes:

  • Drivers operating a motor vehicle in a negligent manner
  • Failure to yield right of way
  • Failure to keep in the proper lane
  • Cyclist or driver who ran a red light

Where do most bicycle crashes occur?

In Florida, bicycle riders get into accidents more often in the following counties:

  1. Miami-Dade: Recorded 757 cycling accidents with 15 fatalities and 696 cyclist injuries.
  2. Broward: 602 bike accidents with 6 fatalities and 577 injuries.
  3. Pinellas: 518 accidents, 8 fatalities, and 494 injured.
  4. Hillsborough: 472 bikes were involved in an accident with 14 fatalities and 446 injuries.
  5. Palm Beach: 373 bicycles were involved in a crash with 12 fatalities and 348 injured Florida cyclists.

At what time of day do bicycle accidents occur?

In Florida, a bicycle accident that results in injury most often occurs during the following days and times:

  • Non-incapacitating injury: Fridays from 5 p.m. to 8 p.m.
  • Incapacitating injury: Saturdays from 4 p.m. to 7 p.m.
  • Fatal injury: Saturdays from 8 p.m. to 11 p.m.

Common Injuries after a Bicycle Accident

When out on a bike ride, you are at risk of getting into an accident and sustaining injuries that range from minor to severe. The following are the most common injuries a biker can sustain while out on a ride.

  • Minor or non-incapacitating injury: Scratches, bruises, lacerations, neck pain, and similar
  • Serious or incapacitating injury: Broken bones, severed limbs, impairment or loss of function, or another disabling injury
  • Possible injury: No visible injury but the accident victim complains of pains; momentary loss of consciousness
  • Fatal injury: Any serious injury that resulted in death within 30 days after the accident occurred

What should I do if I get into a bicycle accident?

A bicycle accident can happen at any time when you are out riding your bike. Even if you follow the road rules, out-of-control cars or cars driven by negligent drivers can hit you and cause personal injury. In the event of a crash, it is important to know the steps you should take to make sure you are protected in the aftermath.

Most vehicle accidents happen due to negligence. If you sustained injuries from a crash, you can file a personal injury claim or a lawsuit against the driver at fault. In these cases, you must have a personal injury attorney from the law firm of Jared Spingarn P.A. by your side who can help you every step of the way.

Here is a list of the things you should do immediately after a bicycle accident.

  • Check your injuries.
  • Call emergency services – 911 and the police.
  • Get immediate medical attention if needed.
  • Call Jared Spingarn P.A. to get the proper advice on what to do.
  • If you have personal insurance, call your insurance agent or company to inform them of the incident.
  • If able, give your statement to the police of your recollection of the events. However, don’t overshare. Your lawyer can advise you on the important details to give to the police.
  • Collect all the evidence that you can. This includes photographs of the bike, motor vehicle, and any damaged equipment or structures due to the crash.
  • Make sure to keep the evidence – this can help you when filing an insurance claim or a lawsuit against the other party. Again, your bike accident or personal injury attorney can help you with this process.

Sharing the Road: Responsibilities of Florida Bicyclists and Motorists

Drivers often fail to notice bicyclists sharing the road with their vehicles. However, in Florida, both bicycle riders and motorists have the same rights and responsibilities on the road and are held accountable as such.

A cyclist in Florida is also considered a driver. This means that even when riding a bike, you should follow the road rules. This includes riding a bike on the roadway in the same direction as motor vehicles, riding a bike on designated bicycle lanes if present, and following all traffic signs accordingly.

Likewise, a driver of a motor vehicle must be aware that cyclists have the right to use the roadways. Thus, motorists should not tailgate cyclists, cut into their lanes, or carelessly overtake a bicycle rider.

Contact Jared Spingarn P.A. (Florida Bike Accident Attorney) for a Free Consultation

Does Florida have the most bicycle fatalities from vehicle crashes? Per the 2019 data from the NHTSA, yes it does. If you are involved in a bicycle accident, it is best to have a knowledgeable bike accident attorney to help you with the correct course of action to take. Be sure to get in touch with the law firm of Jared Spingarn P.A. for your legal representation. They can offer a free case evaluation to help you decide on the legal steps you can take after the accident.

>> If you’re involved in a bike accident in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney at 1-954-781-2316 or drop a message on their Contact Us page.

New Member – Dr. Tamás Hizsák joins as the Commercial Law Expert in Hungary

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Dr. Tamás Hizsák as our exclusively recommended & endorsed Commercial Law expert in Hungary.

Dr. Tamás Hizsák is a Hungarian lawyer with more than 10 years of legal consulting experience. He worked for a leading international tax consulting firm and in international law firms with mainly German clientele before starting his own law firm under the brand name Duna Legal in 2022. He has gained experience especially in commercial law, company law, employment law, real estate law and contract law. Besides his native Hungarian, he is also able to work well in English and German.

Currently he provides legal advisory for his domestic and foreign clients during their Hungarian and cross-border operations. He also supports the team of the Heller Farkas College (Corvinus University of Budapest) in legal matters on a pro bono basis.

Firm Description:

Our law firm started its independent operation in 2022, with more than 10 years of experience in an international legal consulting environment. We provide our clients with practical legal advice in many areas of business law (especially in commercial law, company law, employment law and real estate law) in a simple, understandable style.

​The guarantee of outstanding quality is our preparation, accuracy, dynamism and our complex vision that takes  business aspects into account. Our clients expect the best from us and we do our work every day accordingly.

 

Indochine Counsel Facilitated Successful Closing of EQuest Education Group’s US$120 Million Deal

/in /by
Ho Chi Minh City, 19 May 2023 – Indochine Counsel is pleased to announce its instrumental role in facilitating the successful closure of a significant deal for EQuest Education Group. The deal involved the raising of US$120 million in funding, marking a major milestone for both EQuest and the education sector in Vietnam.

Through a combination of debt from creditors and equity from KKR’s Global Impact Fund, EQuest Education Group secured the substantial investment, which will be utilized to fuel the expansion of their educational initiatives. The funds will primarily support investments in the Canadian International School (CIS) System in Ho Chi Minh City (HCMC) and the expansion of Broward College Vietnam campuses in Hanoi, Hue, and HCMC.

Indochine Counsel played a pivotal role in providing exceptional legal expertise and guidance throughout the transaction, ensuring a smooth and successful outcome. With their deep knowledge of the Vietnamese legal landscape and unwavering commitment to client satisfaction, Indochine Counsel effectively navigated the complexities of the deal, facilitating a mutually beneficial agreement for all parties involved.

“We are delighted to have acted as legal counsel for EQuest in this momentous transaction,” said Truong Huu Ngu, Partner at Indochine Counsel. “This successful closing highlights our dedication to supporting the development of the education sector in Vietnam. It also reflects our sustainable and strategic choice to stand behind and support EQuest, one of the most resilient pillars in the private education sector of the country. Moreover, it is EQuest that has successfully manifested an exemplary win-win partnership between a local company and foreign institutions.”

Indochine Counsel is also proud to acknowledge the valuable contributions to the success of this project from Associate Le Thanh Cong, Junior Associate Pham Hoang Vu, and other colleagues at the firm. Their dedication, expertise, and unwavering commitment were instrumental in navigating the complexities of the transaction, ensuring a seamless and favorable outcome for all parties involved.

The completion of this deal further solidifies Indochine Counsel’s position as a trusted legal partner for businesses operating in Vietnam. With a track record of successful transactions and a reputation for excellence, the law firm continues to play a vital role in facilitating business growth and contributing to the economic landscape of the country.

About Indochine Counsel

Indochine Counsel is one of Vietnam’s leading law firms. It is a business specialty firm with twenty-five lawyers in both Ho Chi Minh City and Hanoi. Founded 17 years ago, Indochine Counsel has six partners and one senior counsel and is capable of handling both boutique services and large M&A deals. For more information about Indochine Counsel, please visit our website at https://www.indochinecounsel.com.

Pursuing your Rights to Recover your Loss after an Accident

/in /by

The aftermath of an accident might be harsh as you may not be eligible to sustain your life securely and continue your profession. Your physical condition and economic safety are likely to decrease correspondingly as lack of earning capacity might put the victim at risk of further difficulties. Others’ wrongful actions or lack of commitment to take reasonable care conduces to accidents that may have negative effects on the victim’s life. The laws were put into force with the aim of decreasing the human factor in accidents and helping to relieve the post-accident difficulties of victims by awarding monetary damages. As seen in the laws, whilst interacting with others or occupying the same roads, individuals are obliged to hesitate to act in a way that may be harmful to others.

The legal duty to act responsibly is the duty of care

Your actions might harm others. Even if your intention is not to harm, certain actions that have the potential to cause an accident is determined as wrongful actions. These safety violations can be committed at work, in traffic, whilst treating a patient and undergoing surgery, in an event that you host or in a business place that serves consumption products. The form of negligence varies as your actions or lack of taking an action against the potential risk factors might conduce to the same conclusions.

In a workplace setting, for instance, if an employee has been injured due to such negligence, they may be entitled to file a worker’s compensation claim. A dedicated workers compensation lawyer can assist in this process, helping the injured party to seek compensation for the medical expenses and lost wages incurred due to the accident.

In a medical centre, the whole treatment process may be damaged by the negligence of the medical attendant at duty. The first step of medical care is usually the diagnosis stage. During the diagnosis, the medical attendant’s error or certain defective products may cause the condition to be evaluated falsely. If x-ray machines aren’t operating correctly or the professional using these devices aren’t capable of evaluating the results correctly, the treatment process is likely to diverge. The post-diagnosis process will be entirely dependent on the patient’s evaluated medical condition that has incorrectly evaluated.

The use of machinery and robotic surgeries are getting more common and beneficial in medical treatments. These are the advantages of technology that can be beneficial if utilised correctly. Other than the surgeons’ errors, the machines and devices involved in the surgery have the potential to harm the patient. These devices may be operating incorrectly due to production defects or as in the diagnosis stage, the cause of the harm might be the human factor. Everything that is electric-powered or using a clockwork mechanism requires regular maintenance. Lack of maintenance, operating the devices incorrectly or the use of recalled, prohibited or incorrect devices may be the cause of harm.

Fundamentals of the duty of care

Being the cause of an accident in the workplace might put you in legal troubles as the employer’s duty of care is to provide total safety. Generally, work accidents are preventable. Even if not, the impact can be reduced noteworthily. Natural causes are usually blamed after work accidents. In fact, even the toughest work conditions can be improved by taking sufficient care. As the employer, the source of risk might be you. Preventive measures should be taken to keep the workers safe. Generally, lack of sufficient protective equipment, inadequate work conditions due to high risks, incorrectly appointing workers to operate machinery and performing these tasks in a timely are the main causes of work accidents.

These are preventable risks that a reasonable employer would care about. The personal injury laws demand the employers act responsibly by designing the workplace suitable for the safety standards issued by the authorities. Failing to do so might have legal consequences as the victim’s loss might be hard to resist.

So, if an employee is injured at work, they can file a worker’s compensation claim, potentially with the help of a lawyer. This claim can cover medical expenses and lost wages. Unlike a personal injury case, proving employer negligence isn’t necessary for a worker’s compensation claim.

Injured employees can also file a personal injury claim if they believe the accident resulted from employer negligence. To establish liability, the plaintiff or the injured party must show proof that the employer breached their duty of care toward their employees and that breach caused an injury that resulted in significant losses. Hence, if there’s reasonable ground to believe that the employer has acted negligently, they may be held liable for the damages sustained by the injured party.

Conclusion 

Being injured in an accident can be a challenging experience. Depending on the extent and severity of the injuries, the injured party may face long-term or even permanent changes in their lifestyle and capabilities. Because of this, people, including medical professionals and employers, should understand the legal duty to act responsibly to minimize the risk of accidents. Otherwise, the injured party may be entitled to file a claim to recover compensation and hold the alleged at-fault party accountable for what happened.

 

New Member – Li-Pu Lee joins as the Corporate Law Expert in Taiwan

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Li-Pu Lee as our exclusively recommended & endorsed Corporate Law expert in Taiwan.

Areas of Expertise

  • Real Estate
  • Merger and acquisition
  • Financial
  • Cross-border transactions
  • Corporate governance and legal compliance
  • Family governance and business succession
  • Emerging technologies
  • Tax
  • Litigation and Arbitration

Firm Description:

Formosan Brothers Attorneys-at-law was founded in 1997. The Chinese characters represent the land and the ocean respectively. Taken together, the characters symbolize the universe. Our name is a reflection of Formosan Brothers’ vision: to recruit the best legal talent, and with our team, provide worldwide services to our clients both domestically and abroad.
For more than 25 years since Formosan Brothers was founded, with a passion for the law and care for people, we have been providing our clients with high-quality legal services based on our belief in honesty, professionalism, responsibility, and teamwork, earning the trust and recognition of our clients. To us, our clients are also our partners; we strive to remain vigilant about the most cutting-edge technological issues and global trends. This way, we can combine our perspective and unparalleled legal services to form a tailor-made team to fit our client’s ever-evolving needs.

 

New Member – Dr Klaus Oblin LLM joins as the Commercial Law Expert in Austria

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Dr Klaus Oblin LLM as our exclusively recommended & endorsed Commercial Law expert in Austria.

Klaus Oblin has been successfully representing prominent businesses and state-entities for many years. He stands out in cross-border proceedings where politically sensitive issues meet commercial matters and has been consistently engaged as lead counsel and arbitrator in a number of high volume arbitrations under various internationally acknowledged rules.

Drawing from both civil and common law practical experience, he is known for his ability to concurrently lead teams from multiple jurisdictions. He has been serving as management board and steering committee member in various international associations of independent law firms.

Klaus is listed as an attorney of confidence of the embassies of the USA and the United Kingdom of England.

Firm Description:

OBLIN was established in 2005 and has become a leading international litigation and arbitration law firm based in Vienna, Austria. We are representing businesses in cross-border disputes, i.e. int’l commercial litigation and arbitration proceedings (incl. enforcement) as well as white collar crime matters. Our team consists of 16 counsel covering 6 jurisdictions (bar admissions).

The specialized members of our team combine their multi-disciplinary and international backgrounds to provide profound yet practical solutions. We rely on our expertise and international relations to achieve the expected results.

Our firm is member of four different leading independent legal networks totaling more than 600 firms covering 160 jurisdictions. Our team has been recognized by various int’l institutions and media thus having received 27 awards for its achievements in commercial litigation and arbitration since 2011.

Our core focus lies in the management and resolution of commercial disputes. We assist and represent during all stages of the dispute resolution process striving to develop actionable legal strategies to match our clients’ aspirations in wide-ranging industry sectors. Many of our cases have been referred to us by other attorneys. We are also often asked to act as co-counsel in commercial arbitrations and litigations around the globe.

New Member – Andri Andrason joins as the State & Municipalities Expert in Iceland

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Andri Andrason as our exclusively recommended & endorsed State & Municipalities expert in Iceland.

Andri is an Icelandic-qualified attorney with rights of audience before the Icelandic Court of Appeal. Andri has worked at Juris since 2013, and completed an LL.M. from the University of Leiden in 2017.

Areas of expertise

  • Constitutional and Administrative
  • Dispute Resolution
  • Corporate and Commercial
  • Property

Education

  • Landsréttur Appeal Court Attorney 2020
  • Universiteit Leiden, LL.M. in International Civil and Commercial Law 2017
  • District Court Attorney 2015
  • University of Iceland, Faculty of Law, mag. jur. 2012
  • University of Iceland, Faculty of Law, B.A. in Law 2010

Firm Description

Our firm traces its origins back to 1953, however the firm in its current form was created as a result of the mergers of the practices of a number of leading Icelandic lawyers between 2006 and 2011. Today we are one of Iceland’s largest and most highly regarded law firms and are home to some of Iceland’s most preeminent practitioners.

We are corporate-focussed, providing our clients with comprehensive, practical and commercial legal advice on all aspects of their businesses and operations. We represent clients from all business and economic sectors, from governments and local authorities to operating businesses, financial institutions and investors. We pride ourselves on developing long-term relationships with out clients, enabling us to tailor our approach and add additional value through our knowledge of their businesses and sectors. Sectors in which we have particular expertise include fishing, energy, hospitality and tourism, property and development, pharmaceuticals and biotech, media and telecommunications.

 

New Member – Shunsuke Inoue joins Leaders in Law as the M&A Law Expert in Japan

/in /by
Leaders in Law, the leading platform in its field, is delighted to welcome Shunsuke Inoue as our exclusively recommended & endorsed M&A expert in Japan.

Shunsuke Inoue is a partner at Hibiya-Nakata with extensive experience and expertise in competition law, merger filings, mergers and acquisitions (M&A), corporate governance, regulatory compliance. Shunsuke has advised many major global companies, banks, funds as well as small tech startups. Prior to joining Hibiya-Nakata, Shunsuke worked at Nagashima Ohno & Tsunematsu and Freshfields Bruckhaus Deringer.

Firm Description:

Hibiya-Nakata is a new type of law firm founded by Nobuo Nakata in 2012 to respond to the new market trend and demands. Hibiya-Nakata is a small M&A boutique law firm with global network and international standard of practice and quality. Mr. Nakata had participated in the global management of the corporate practice of Allen & Overy as a board member of the Global Corporate Board, and had established and led the M&A practice in Tokyo Office. Making use of all these experiences, Mr. Nakata started Hibiya-Nakata in such unique setup.

Shunsuke Inoue

Avocat Mandataire Sportif and Agent Sportif

/in /by

On 29 March 2023, the French Cour de cassation (civil chamber n°1 -FS-B n°21-25.335), on the ground of article 227-7 al. 1 of the Code du Sport, ruled that only a sports agent can be remunerated on the basis of being an intermediary between parties interested in the conclusion of a contract (either on a basis of a contract related to sport or training activity, or a labor contract related to a sport or training activity).

Is this the end of the Avocats Mandataires Sportifs regulated by the RIN (Réglement Intérieur National) and other related regulations such as the Réglement Intérieur du Barreau de Paris)?

Obviously not. The French Cour de cassation stated that the Avocats Mandataires Sportifs may, within their own regulations, remain players representatives in a context of the contracts listed in article 227-7 al. 1 of the Code du sport.

As such, the Avocat Mandataire Sportif may still represent the interests of players and clubs and may remain a first-choice interlocutor (given his background and knowledge).

Ludovic Timbal Duclaux de Martin, EIRL Me Ludovic Timbal Duclaux de Martin Avocat à la Cour – Barreau de Paris

Up to date 29 March 2023.