Posts

Brian W Burkhalter joins Leaders in Law as the exclusive Construction Law member in Georgia, USA

Leaders in Law, the leading platform in its field, is delighted to welcome Brian W Burkhalter as our exclusively recommended & endorsed Construction Law expert in Georgia, USA. Brian’s office is located in Atlanta.

Brian W. Burkhalter is an experienced construction and litigation attorney and a trusted business counselor to his clients. He manages a broad-based commercial litigation practice with an emphasis in representing clients in the areas of construction law and litigation. He has experience in all phases of a project, including bid and proposal preparation, contract award controversies, and performance-related disputes and claims.

A significant portion of his practice involves claims avoidance through assisting clients in every phase of the construction process, from the negotiation and drafting of construction contracts to educating clients through day-to-day review of projects, contracts, issues and project documents. Additionally, Brian has extensive experience in litigation and dispute resolution before arbitration panels, administrative agencies and litigation in state, federal and appellate courts. He has represented commercial general contractors, specialty subcontractors, design and engineering professionals and product suppliers.

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

Mubarak Al-Sulaiti joins Leaders in Law as the exclusive Civil Law member in Qatar

Leaders in Law, the leading platform in its field, is delighted to welcome Mubarak Al-Sulaiti as our exclusively recommended & endorsed Civil Law expert in Qatar. Mubarak’s office is located in Doha.

Mubarak Al-Sulaiti is the founder and Chairman of Al Sulaiti Law Firm.

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

Italian Fixed-Term Contract With The Collective Agreement’s Condition

The “Sostegni Bis Decree” introduced an important innovation to the discipline of fixed-term contracts.

Collective agreements can identify new reasons in the presence of which it will be possible to stipulate a term contract lasting more than 12 months.

The condition must identify specific and concrete hypotheses without using generic formulations (“technical, organizational …”) that need further declinations within the individual contract.

This innovation also affects the extensions and renewals, the rules of which refer to the one of the fixed-term contract.

The Italian Ministry of Labor (note 7959 of 13 September 2021) and the INL (note 1363 of 14 September 2021) therefore specify the possibility of renewing or extending a fixed-term contract according to the new provisions of collective agreement.

This option is currently foreseen until the 30 September 2022 but the term refers to the formalization of the contract.

Fenwick launches D.C. office with Freshfields, Dechert partners

(Reuters) – Weeks after hiring an antitrust partner away from Skadden, Arps, Slate, Meagher & Flom in Washington, D.C., Fenwick & West on Tuesday announced it was formally setting up shop in the nation’s capital with a new pair of regulatory-focused hires.

Thomas Ensign and Melissa Duffy have joined the Silicon Valley-founded firm’s new Washington, D.C. office as partners, where they’ll work alongside former Skadden counsel Steven Albertson. All three have joined Fenwick’s regulatory group. Ensign is a former Freshfields Bruckhaus Deringer partner, while Duffy was a partner at Dechert.

It’s the third office Fenwick has launched within the past five years, and it’s a reflection of how Fenwick’s technology and life sciences clients are facing greater regulatory scrutiny, firm chair Richard Dickson said.

“Our clients need increasingly sophisticated regulatory advice,” Dickson said.

Other law firms have been taking similar steps. Gibson, Dunn & Crutcher, Jenner & Block, Latham & Watkins, Mayer Brown, Shearman & Sterling, and Wilson Sonsini Goodrich & Rosati have added Justice Department and FTC alumni in recent months in anticipation of greater scrutiny from the Biden administration.

Dickson said Fenwick will grow its presence in Washington, but there is no set goal for the number of lawyers that will be based there.

Dickson also held open the possibility of expanding into other markets where there is a strong presence of technology and life sciences clients. Fenwick counts companies like Cisco Systems Inc, Electronic Arts Inc, Facebook Inc and Intuit Inc as clients.

“Technology and life sciences are not as concentrated in places like Silicon Valley as it once was,” Dickson said. “As that grows, we’ll grow along with it.”

The firm has profited from its focus on technology and life sciences clients. Last year, Fenwick’s revenue rose by 15% to $543 million while profits per equity partner grew more than 31% to $2.84 million, The American Lawyer reported in February.

That focus has been “the wind at our sails for our growth,” Dickson said. “Our clients have done very well over the last several years, and we’ve done very well alongside them.”

Ensign specializes in antitrust matters. His profile on Freshfields’ website said he advised on the London Stock Exchange’s $27 billion acquisition of Refinitiv from Thomson Reuters and Blackstone, a deal that closed earlier this year.

Ensign also worked on Intel Corp’s $16.7 billion acquisition of semiconductor manufacturing company Altera Corp, according to Freshfields.

Duffy is a five-year veteran of Dechert, where she advised clients on international trade issues, including trade controls and national security rules for cross-border transactions.

Representatives for Freshfields and Dechert wished Ensign and Duffy well, respectively.

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.

Nils T. F. Schmid joins Leaders in Law as the exclusive Mechanical Engineering member in Germany

Leaders in Law, the leading platform in its field, is delighted to welcome Nils T. F. Schmid as our exclusively recommended & endorsed Mechanical Engineering expert in Germany. Nils’s office is located in Munich.

Nils T.F. Schmid specializes in traditional mechanical engineering, his particular interest being in the areas of motor vehicles, tool engineering, process engineering, textile technologies, and medical technology. For his clients, especially medium-sized companies in Germany/Europe and Asian and American big corporations, he develops both German and global patent strategies and sees to their implementation with regard to the building up and management of patent and design patent portfolios.

Other key areas of his work include infringement and nullity disputes regarding patents, utility models, and designs, and the establishment and counseling of in house IP departments, including advising on employee inventor law.

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

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

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.