Posts

Antonio G. Lobón joins as the International Tax Law Expert in Spain

Leaders in Law, the leading platform in its field, is delighted to welcome Antonio G. Lobón as our exclusively recommended & endorsed International Tax Law Expert in Spain.

Antonio G. Lobón has a Degree in Law from Complutense University of Madrid, a Master’s Degree in Tax Law from the University of Deusto, Bilbao and Spanish CPA and is trained in the Prevention of Money Laundering and Terrorist Financing. He is member of Madrid Bar Association and the Spanish Institute of Chartered Accountants.

After 36 years of experience with KPMG, he retired in October 2014 since he reached the statutory retirement age. He started his career at KPMG in Madrid in 1978, became partner in 1987 and moved in 1999 to New York office where, amongst other responsibilities, he was the Partner-in-charge of Latin-American Legal Services, served Global Accounts in Latin-America and leaded the Spanish and Portuguese Centers of Excellence in that Office.

He specializes in European Union Tax Legislation as well as International Taxation, restructuring, cross border transactions, due diligence and M&A, in different sectors. Some of the sectors that he has rendered services to are: Banking & Financial services, including Funds and Alternative Investments industries, Oil & Gas, Car Manufacturing, Food & Beverages, Hotel Chains, Communications; Cement & Construction, Airlines and related services.

Firm Description:

Larrauri & Marti Abogados is a Law Firm with more than 37 professionals, specializing in different law fields that cover all Company law areas.

We form multidisciplinary teams to study the issues from all legal perspectives required by the client. These teams always include one of our partners who gets directly involved with each case we handle.  This represents the main difference in how we provide our services.

At the present time, our firm has offices in Madrid, Bilbao and Malaga. We are also a member of an international alliance of cooperating firms throughout 16 countries, which allows us to provide our clients the legal support that they need in side and outside Spain.

History

The firm Laurrauri & Marti ABOGADOS began in January 2009 from the fusion of two heavy weights from the Spanish legal profession, Josu Larrauri and Jose Marti.   Together they add up to more than 46 years of experience within the business.

The purpose of such union has been to create a firm capable of offering complete and quality service to our clients.

Our system is based on four basic pillars: direct communication with our partners, adaptation to our clients’ needs, search for efficient solutions and rendering of quick and high-quality legal services.

Leaders in Law News

Modern Family Law Challenges in Orange County: Adapting To New Family Dynamics

Family law in Orange County has evolved significantly as societal norms shift and family structures become more diverse. With the introduction of same-sex marriage, surrogacy, and an increase in cohabitation without marriage, attorneys and courts alike are facing new kinds of cases that test the flexibility and adaptability of existing laws. These changes require a nuanced understanding of the law to meet the needs and protect the rights of all individuals involved in family law disputes.

As demographics change, so do the challenges in family law. In Orange County, practitioners are noting an uptick in cases involving complex property division, disputes over parental rights, and the portability of legal decisions across state lines. This is particularly pertinent in a place known for its diverse and mobile population. The laws must reconcile the preservation of an individual’s rights with the best interests of children, a task that can be complicated by the intersection of federal, state, and sometimes international statutes.

Evolution of Family Dynamics in Orange County

Changing Household Structures

In recent years, there has been a noticeable shift in household compositions in Orange County. A rise in single-parent homes and blended families has altered the traditional family model. Family law firms in the area now more frequently address complex issues related to custody, support, and inheritance within these varied household dynamics. Legal representatives are required to stay abreast of these shifting patterns to provide effective counsel.

Same-Sex Marriage and Family Law

The legalization of same-sex marriage has had a profound impact on family law in Orange County. Same-sex couples now seek legal services for marriage, divorce, and child custody, requiring firms to adjust their expertise and practices. Orange County family law firms have had to update their personnel training and legal infrastructures to serve the specific needs of LGBTQ+ families, ensuring compliance with new legislation and case precedents.

Legal Implications of Domestic Partnerships

Orange County has also seen an increase in domestic partnerships, which carry their own unique legal implications. These unions require knowledgeable legal guidance for matters such as cohabitation agreements, property rights, and in some cases, issues regarding children. Family law practices have adapted by offering specialized services to meet the requirements of domestic partners, emphasizing the importance of protecting legal rights within these relationships.

Navigating Child Custody and Support

Child custody and support are pivotal issues in family law. Orange County residents face the challenge of balancing fairness with the well-being of the children involved.

Custodial Arrangements and Parenting Plans

In Orange County, custodial arrangements refer to the legal decisions about where and with whom a child will live. Parenting plans, on the other hand, outline how parents will divide care and decision-making responsibilities. They are detailed documents that can include schedules, holiday arrangements, and provisions for future modifications. These plans are born out of negotiation and require approval by the court to ensure they serve the best interests of the child.

Child Support Determination Factors

Child support in Orange County is a financial obligation calculated using state guidelines, which consider:

  • Each parent’s income
  • The time each parent spends with the child (custody and visitation)
  • Any special expenses for the child

A family law firm may assist clients in accurately presenting financial information to ensure an equitable support order.

Modifications and Enforcement of Orders

Circumstances change, and Orange County courts recognize this through the process of order modification. Parents can petition the court to revise custody or support orders when material changes in circumstances occur. Enforcement of these orders is critical; failure to comply can lead to legal penalties. Family law firms often play a crucial role in both modifying and enforcing orders, guiding their clients through the legal processes involved.

 

Shally Bhasin continues with Leaders in Law as our endorsed Litigation Law Expert in India

Leaders in Law, the leading platform in its field, is delighted to continue Shally Bhasin as our exclusively recommended & endorsed Litigation Law expert in India.

Shally Bhasin is a Partner with our Firm and has over 26 years of experience in Litigation.

She graduated from Law Faculty, University of Delhi in 1996 and is an Advocate on Record in the Supreme Court of India since 2004.

A veteran litigator, Shally has been involved in several impactful and consequential cases. She has been engaged in legal work across diverse sectors and industries, including – amongst others – Financial Services, Banking, Telecom, Construction, Energy, Heavy Industries, Oil & Gas, Infrastructure, etc. She regularly appears before the Supreme Court of India, various high courts and tribunals including Telecom Disputes Settlement and Appellate Tribunal (“TDSAT”), National Company Law Appellate Tribunal (“NCLAT”), National Company Law Tribunal (“NCLT”), Appellate Tribunal for Electricity (“APTEL”), State Commissions, National Green Tribunal (“NGT”), etc.

In one of the land mark cases in the history of litigation in the telecom industry, Shally has represented the telecom companies right from the High Court of Kerala and TDSAT, uptill the Supreme Court of India,  involving the recovery of licence fees of around $ 7.8 billion by the Government of India.

She has also represented various clients in the Supreme Court of India; various High Courts, National Tribunals – including TDSAT, NCLAT, NCLT, and NGT – in matters related to financial services, bankruptcy, infrastructure, environment, white collar crime, tenders, breach of contract, damages, injunctions, breach of fundamental rights, notifications, taxation, winding up, amalgamation and de-merger.

In an endeavour to give back to the Society, Shally also represented certain individuals in their challenge to Section 377 IPC which resulted in decriminalization of homosexuality. She is also representing a batch of individuals and filed various writ petitions in the High Court of Delhi seeking legalization of same-sex marriage. Thereafter, the matter was transferred to the Supreme Court of India and is now pending for judgment.

 

Michalis Anastasiou joins as the Company Law Expert in Cyprus

Leaders in Law, the leading platform in its field, is delighted to welcome Michalis Anastasiou as our exclusively recommended & endorsed Company Law expert in Cyprus.

Michalis Anastasiou graduated from the Law School of the University of Sussex in Brighton, UK in 2012. He was called to the English Bar at Gray’s Inn in 2013. He obtained in 2014 his LLM on International Business Law at BPP Law School in London, UK.

He was admitted in the Cyprus Bar Association in 2015. Michalis speaks fluently Greek and English.

Michali’s specialises in business and corporate law, company registration and administration, investment firms and forex brokers cases, forex scam litigation, civil and criminal litigation, personal injury and insurance cases. He appears before the Courts of Cyprus, and he is involved with judicial matters and the drafting of legal documents.

Practice Areas

  • Business and Corporate Law
  • Immigration Law
  • Litigation
  • Contract Law
  • Personal Injury
  • Criminal Law

Education & Bar Admissions

  • University of Sussex; 2012. Brighton, UK
  • The University of Law, 2013. London, UK
  • Admitted to the English Bar at Gray’s Inn, 2013
  • BPP Law School, 2014. London, UK
  • Admitted to the Cyprus Bar Association, 2015

Firm Overview:

Evagoras Anastasiou & Associates LLC is considered an experienced law firm in different areas of law, and it provides a range of specialised legal services to its current, future, local and foreign clients.

Our firm’s specialised lawyers are equipped with the relevant professional knowledge and abilities that put them in position to provide to each client efficient legal advice concerning their needs.

  • To practice our profession with integrity.
  • To acknowledge that each client’s case is unique, and it has its own speciality.
  • To protect our customer’s interests
  • To satisfy the client’s goal and protect his interests.
  • The client’s goal will be achieved with quick, practical, cost-effective, up-to-date and modern methods.

 

Leaders in Law News

Personal Injury Settlements vs Lawsuits: Which Is the Right Choice for You?

After a personal injury, you may be wondering if you should accept a settlement or move forward with a lawsuit. Before you make a decision, it helps to speak with an attorney who can review the specific factors of your case.

As you make your decision, it can also be helpful to look at the pros and cons of accepting personal injury settlements vs filing a lawsuit.

Advantages and Disadvantages of Personal Injury Settlements

According to Nottingham’s top injury team, the vast majority of personal injury cases end with a settlement. When the at-fault party offers an appropriate amount to compensate you for your damages, a settlement may be the best option.

Preparing for a trial is a time-consuming and expensive process. It can cost more than settling the case, and when the at-fault party provides a suitable settlement, it’s a win-win. Settlements remain private. If you take it to trial, your case will be a matter of public record. Additionally, it’s far less stressful to take the settlement if the amount is sufficient as going through with a lawsuit could take years to complete if your case is complicated.

On the other hand, if you are offered a settlement that is far too low and your lawyer can’t get the at-fault party to budge through negotiations, you may be better off with a lawsuit. Settling also means that the other party is essentially throwing money at the problem rather than being held accountable for their negligent actions.

Advantages and Disadvantages of Going to Court with Your Personal Injury Lawsuit

If your claim is denied or you are offered a low settlement amount, you may want to file a lawsuit. While it is a more expensive route, it will likely be worth the additional cost and effort to ensure you get what you deserve.

Your attorney will let you know what they think about your case going to trial and whether or not the risks in your circumstances make it a smart move. Going to court gives you the potential to receive a higher payout than what you’d negotiate in a settlement.

In some cases, it may be right to go to trial to set a legal precedent that can be used to protect others from similar circumstances in the future. This is the good side of having court cases be a part of the public record. Since it’s public, this will also hold the at-fault party liable for their negligent actions.

On the downside, if your lawsuit goes to trial, you may wind up with a lower payout or none at all. That’s a risk everyone takes when going this route as the jury may decide against you. Maryland uses a model of contributory negligence, meaning that if the jury finds you to be even 1% at fault for your injuries, you’d be barred from collecting damages. Court trials also take longer than settlements, which will mean more legal fees and additional stress all while being in the public eye.

Should You Take the Settlement or Go to Trial?

After looking at the pros and cons of settlements and lawsuits, you should discuss the factors of your case with a personal injury attorney. Every situation is different, and they will know how to create a strong strategy for you whether you want to settle or see your lawsuit all the way through the courts.

The advice you get from your attorney is the most valuable input you’ll receive. They will be advocating for your legal rights and looking out for your best interests through it all.

 

New Member – Maria Fogdestam Agius joins as the International Arbitration Law Expert in Sweden

Leaders in Law, the leading platform in its field, is delighted to welcome Maria Fogdestam Agius as our exclusively recommended & endorsed International Arbitration Law Expert Witness expert in Sweden.

Maria Fogdestam Agius practice as part of the firm’s Dispute Resolution Group focuses on international dispute settlement. In particular, she advises and represent States and private entities in matters pertaining to public international law, treaty-based dispute settlement and international human rights.

Maria has expertise on a wide range of public international law topics, including inter alia the law of treaties, the law on State responsibility, the law on State and diplomatic immunity, international investment law, the law of the sea and Business & Human Rights. Maria Fogdestam Agius has experience of protecting foreign investments through international arbitration, advising individuals and companies on claims against governments and on the enforcement of awards against sovereign entities. She has equally assisted States defending against claims before international courts and tribunals and safeguarding sovereign and diplomatic immunities before national courts. Maria has represented corporate as well as sovereign clients in international arbitration and litigation and have appeared as an advocate before the International Court of Justice in The Hague and the Swedish Supreme Court. She also practices in human rights, advising in particular on Business and Human Rights regulatory and guidance frameworks, corporate ESG responsibilities and human rights due diligence.

Firm Description:

Westerberg & Partners is a Swedish boutique law firm. We focus on what we do best. We assist our clients in identifying, analyzing, strengthening and protecting their rights – whether based on intellectual property (IP), contracts, treaties or regulatory frameworks. Our specialization and considerable experience in our focus areas also make us particularly well-suited to advise on transactions within these areas. Over the years, we have worked with everything from small start-ups to major multi-national companies and states, in virtually all industries.

We want to be a partner to our clients and the client’s business goals are always at the forefront of what we do. We offer our clients advisers who are truly interested in and knowledgeable of our clients’ industries.

Whenever appropriate, we seek to resolve conflicts without taking legal action, but we also take pride in our ability to manage legal proceedings, be it litigation or arbitration, efficiently and robustly. Our client base is largely international, and we work with many of the most discerning clients and law firms in the world.

 

Hong Kong’s Proposed Company Re-Domiciliation Regime

The Hong Kong government, via its Financial Services and the Treasury Bureau, has consulted on a proposed regime for non-Hong Kong incorporated companies to re-domicile in Hong Kong. The objective is to facilitate company re-domiciliation to Hong Kong, thus strengthening Hong Kong’s status as an international finance and business hub. The legislation of the new regime is expected to take place from 2023 to 2024.

KEY BENEFITS

Unlike other jurisdictions like Singapore, Canada and New Zealand, Hong Kong currently does not allow re-domiciliation.

If a foreign company wishes to move its identity and business to Hong Kong, a new Hong Kong company must be set up to take over its business. This process is cumbersome and can result in substantial taxes and/or costs as well as disruption to operations and corporate history.

The government’s proposal would now allow non-Hong Kong companies to change their place of incorporation to Hong Kong while preserving their legal status as body corporates, their properties, rights, obligations, liabilities and contracts. This proposal would offer companies maximum business continuity while reducing administrative complexity and costs in the process.

ELIGIBILITY

The proposed regime imposes no economic substance test of thresholds of assets, revenue or employee numbers. The Registrar of Companies will be empowered to consider and approve applications based on factors that include:

  • Whether the type of Hong Kong company (private company limited by shares, public company limited by shares, company limited by guarantee, private unlimited company with a share capital, or a public unlimited company with a share capital) is the same or substantially the same as the applicant’s type of company in its original place of incorporation.
  • Whether the applicant has complied with the legal requirements of its jurisdiction of incorporation for the transfer of incorporation in Hong Kong.
  • Whether (at the application date) the applicant’s first financial year end has passed in its place of incorporation.
  • Whether the applicant will comply with the naming requirements for the incorporation of a Hong Kong company under the Hong Kong Companies Ordinance.
  • That the applicant will not be used for an unlawful purpose, contrary to public interest or endangering national security.
  • That the re-domiciliation application is made in good faith and not intended to defraud existing creditors of the applicant.
  • Whether a resolution for the transfer of incorporation has been approved by at least 75% of the votes cast by entitled members at a meeting of which members were given at least 21 days’ notice, if the applicant’s original place of incorporation does not include members’ consent to the transfer.
  • Whether the applicant can pay its debts as they fall due in the 12 months after the application date.
  • That the applicant is not in liquidation or being wound up, and no proceeding for liquidation or winding up against the applicant is ongoing or pending.
  • No receiver, or receiver and manager, is in possession of or has control over any property of the applicant, and no relevant proceeding is ongoing or pending.
  • No compromise or arrangement made between the applicant and any entity/person is being administered and no relevant proceeding is ongoing or pending.

EFFECTS

Once re-domiciled, the company will have the same rights and obligations as other Hong Kong incorporated companies of its type, and will need to comply with the Companies Ordinance. Its corporation information will be available for public inspection. If the company needs a particular licence to conduct its businesses in Hong Kong, it will need to separately apply for the licence.

Applicant companies that were registered with the Companies Registry of Hong Kong as non-Hong Kong companies will cease to be so when they are granted their certificate of re-domiciliation.

TIMELINES

It is proposed companies must provide the Registrar of Companies with evidence of their de-registration in their original place of incorporation within 60 days of their re-domiciliation to Hong Kong. Failure to do so will result in the revocation of the application and the termination of the re-domiciliation.

However, market practitioners consider that 60 days will be too short. The de-registration process in the original jurisdictions may involve public notices and/or court procedures (for protection of members and creditors) as well as tax clearance, and may take much longer than 60 days.

It is also hoped that the regime will, instead of terminating the re-domiciliation right after the expiry of the required de-registration period, provide flexibility for the Registrar of Companies to extend this de-registration period if justifiable grounds are given.

The de-registration process in the original jurisdictions may be beyond the applicants’ control. Also, some applicants may need to open bank accounts in Hong Kong before they may start de-registration in their original jurisdictions.

KEY TAKEAWAY

Industries have reflected that non-Hong Kong incorporated companies, especially enterprises with business operations in Hong Kong and those hoping to leverage on Hong Kong’s geographic and economic advantage to expand their business are interested in re-domiciling to Hong Kong. As a response to such market demands, a company re-domiciliation regime with a straightforward application process is a welcome initiative.

By Rossana Chu, Jacky Chan

Note: This material has been prepared for general information purposes only and is not intended to be relied upon as professional advice for any cases. Should you need further information or legal advice, please contact us.

Leaders in Law – Global Awards 2023 – Nominations

We would like to thank you for all of your nominations for the Leaders in Law – Global Awards 2023. 

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 Leaders in Law – Global Awards 2023 Magazine, receive a crystal trophy, a marketing image and signature logos for marketing purposes:

Trophy

Winner-Logo-Light-Blue.png

Winner-Logo-Dark-Blue.png

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

The Leaders in Law platform is the ideal way to find a lawyer or expert anywhere in the world, specialising in the area of expertise with which you need assistance or advice. Very few people have knowledge of lawyers and experts they can trust around the globe, but Leaders-in-Law has painstakingly put together a platform of over 2000 Leaders, across 140 jurisdictions, specializing in 56 different practice areas.

Our selection process is rigorous, so you can be assured that you will find the right Leader to meet your personal or professional requirements. Use the Leaders-in-Law search engine to find an expert by practice area or jurisdiction. Once you have found the right Leader for your requirements: you can contact them using the details provided in their profile.

 

Leaders in Law – Global Awards 2023 – Sample Marketing Images

If you have been nominated for the upcoming Leaders in Law – Global Awards 2023, you will have the opportunity to promote your success in the upcoming publication. 

Please see the marketing images Leaders in Law – Global Awards 2022 winners where provided with last year:

Leaders in Law – Global Awards 2023 award winners will be selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only firms and practitioners who have met independent international research criteria will be considered.

If you would like to be considered or nominate an expert, please visit our nominations page here.

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

About Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

 

Leaders in Law – Global Awards 2023 – Sample Inclusions

Leaders in Law – Global Awards 2023 winners will be selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only firms and practitioners who have met independent international research criteria will be considered.

If you have been nominated for the upcoming Leaders in Law – Global Awards 2023, you will have the opportunity to promote your success in the upcoming publication.

Please see the samples below:

Full Page Inclusion / Full Page Inclusion

Half Page Inclusion

Business Card Inclusion

If you would like to be considered or nominate an expert please visit our nominations page here.

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

About Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.