Why a start-up must hire a lawyer

When a company is in its budding stage, it is necessary to follow all the rules and procedures of the law for its efficient growth and development. A right lawyer can take up the company to new heights and ensure its smooth passage through some rough times. It is important to know the role of a lawyer in a start-up organization.

What to look when hiring a lawyer?

A start-up is not highly strong on financials and therefore, must not concentrate on hiring a lawyer of high expertise with enormous legal fees but a good, knowledgeable and responsive lawyer with whom the company is compatible to work. The lawyer must be interested in the work of the company and the company should trust him with all the work while it enjoys working with him. Referrals are a good option.

A lawyer helps in fixing the problems before its too late. He knows a lot many things from which the company benefits.

When does a start-up need lawyers?

·         Company Formation – When a company is to be formed, various agreements are to be drafted, MoA and AoA are to be incorporated, corporate structure is to be defined;

·         Founders – When a company is formed, regulating the rights and obligations of the founders and their shares would be a piece of cake if a lawyer was looking after such affairs;

·         Intellectual Property – It is better to engage a lawyer if intellectual property is the core of the business and the company specifically deals in the same;

·         Laws in general – A founder should pay all its taxes and not violate any laws for its boosted growth and for that, a lawyer is necessary;

·         Negotiating contracts – Negotiation upon contracts between customers, suppliers, license agreements, etc is necessary for which a lawyer comes into action;

·         Employees – Change in employment agreements and hiring new people does require some legal advice;

·         Investments – Documents relating to investments are pretty hazy to layman and therefore, hiring lawyers would be the best judgment;

·         Dispute Resolution – Disputes arising between companies would consequently involve lawyer consultation and to have one beforehand is a better sort of preparation as he knows that in and out of the company.

Important Things to Remember

Ø  You have to ponder whether you need a full-time lawyer or an independent lawyer to look after the legal affairs of the company;

Ø  A lawyer who doesn’t understand your business would not be adequate to represent you in the professional world;

Ø  Surprise costs of lawyers would eat away from your business;

Ø  Don’t hire a lawyer when police is standing at your gate: hire him sooner;

Ø  Ensure the lawyer is not working with your competitor also;

Ø  Meet with your lawyer on a regular basis.

Online Legal Consultation

As our society is moving towards a digital era, several processes have been trying to adopt an approach based on the growing technology. More and more things every day are added to the online digital world where the internet is the key to everything. A person may search anything and everything on the internet of what they desire or need. One of such requirements is legal consultation.

Legal Consultation
Legal consultation and legal advice are two identical twins only and are used interchangeably. The word “consultation’ connotes a meeting or a discussion with a professional expert for the purposes of gaining some information over a matter or a formal discussion on such matter or collaboration for that matter. “Legal consultation” is the discussion of a client with an attorney/lawyer where the latter apprises the former of his legal rights in a particular factual case.

Evolution of Legal Consultation over online platform
The first generation of lawyers could be attributed to ancient Greece where one had to plead his own case. During 200-210 B.C., Rome developed a class of specialists in law, i.e., “Jurisconsults”. Roman judges, Governors and ordinary people would consult with the Jurisconsults for legal opinion. From the 13th century onwards, legal profession bloomed in England where various statutes were passed to regularize the code of conduct for the lawyers such as loyalty and confidentiality of the client’s case. The whole consultation was to be kept confidential and private.
Various laws were enacted throughout time and in 1961, Advocates Act came into place which regulates the legal profession in India. Any person who wishes to have a legal opinion on a particular set of facts or case or require a legal representation can have a legal consultation with an advocate. The common practise was that the client used his personal contacts and phonebooks to search his desired lawyer. But as we are entering into a digital world, everything is available on our tips meaning thereby we can get our desired legal advice in a few minutes sitting at our nice and cozy homes.
Gone are those days when people used to search for a good lawyer for months. An alarming rate of people is turning towards online legal advice and are relying less upon phonebooks, visiting cards, and personal contacts. Various online platforms like Chaostruct, etc. are providing lawyer-client matching services by applying the best possible permutation and combination in accordance to the client’s requirements. Online legal consultation or contacting a legal advisor online is a great way for a client to save time and money.

Advantages
• Attorney-client privilege is present including confidentiality of information furnished;
• Online platforms offer discounts on legal fees;
• If the client does not likes the legal advice, he/she can search for another lawyer on the website;
• Accessible from anywhere;
• No appointment required;
• The client gets the best opinion from various lawyers at a time;
• Due to the genuineness and credibility of the online platform, the lawyer associated with it would provide continual support to the client;
• Productivity of attorneys increase and so the competition;
• Efficient communication channels;
• Free legal advice is also available;
• A huge time-saver.

10 Most Influential Lawyers in the world

Lawyers are essentially the social engineers who drive the society through time. Their presence is an absolute necessity which establishes and topples governments all over the world. Here is a list of the 10 Most Influential Lawyers in the World who have made their name and the lawyers of today should draw their inspiration from these eminent personalities:

1 Joe Brown

Being the first African-American Prosecutor in Memphis, Joe’s life was pushed to the spotlight while he was the presiding judge over the last appeal of James Earl Ray of his conviction for the assassination of Martin Luther King Jr. He also helped lay the concrete for numerous African-American lawyers after him. He is also famous for his reality court show “Judge Joe Brown”.

2 Harish Salve

Hailing in constitutional and taxation laws, Harish Salve made his name through landmark cases like Vodafone tax case, Doordarshan telecast rights case, Salman Khan’s hit-and-run case and Ambani brother gas dispute. He also served as the Solicitor General of India from 1999-2002.

3 Richard Scruggs

Richard is a prominent American trial lawyer. On behalf of ill shipyard workers, he successfully sued the asbestos industry and helped in removing asbestos from modern day practices. Further, he represented the state of Mississippi in the tobacco litigation of the 1990s. He also helped the homeowners in placing claims against the insurance companies to mitigate the aftermath of the Hurricane Katrina.

4 Soli Sorabjee

Soli Sorabjee has been the talk of the century as a jurist. He has served as the Solicitor General of India, Attorney General of India, received Padma Vibhushan for his defense of freedom of expression and protection of human rights. He has also served as a Special Rapporteur to the United Nations Human Rights Commission and held several offices in international organizations.

5 John Ray Grisham, Jr.

John Grisham is an American lawyer, politician, and novelist who has written popular and bestselling legal thrillers. He was a criminal lawyer originally and also served as a Democrat in the House of Representatives in Mississippi. His novels have been adapted into various films and TV series.

6 Jane Wanjiru Michuki

Jane is a Kenyan lawyer and businesswoman. She is the Managing Partner at Kimani & Michuki Advocates whose client list includes Equity Group Holdings Ltd., the largest bank holding company in all of Africa. Moreover, she is the largest female stockholder on the Nairobi Stock Exchange with approximately US$50 million as net worth.

7 Wichai Thongtang

Before being a businessman, Wichai was a lawyer and worked for a big law firm where he represented giant companies such as Siam Yamaha, Swissair, and Union Oil. He also represented former Thai Prime Minister Thaksin Shinawatra. Being a corporate lawyer and expert in finance and securities, he dived into real-estate and health industry and now stands at an estimated net worth of US$ 1.57 billion.

8 Vladimir Putin

The current President of Russia and shuffling between the posts of Prime Minister and President since 1999, Putin has various credits to this name. Graduated in law from Leningrad State University (oldest law school in Russia), he was a KGB Foreign Intelligence Officer for 16 years.

9 Christine Lagarde

Christine has been the gem of aspiring female eyes all around the world. She is a French antitrust and labor lawyer and held various posts in the French government including Minister of Economic Affairs, Finance, and Employment, etc. She is currently serving her second term as the Managing Director of the International Monetary Fund (IMF).

10 Barack Obama

From teaching Constitutional Law at the University of Chicago Law School, Obama went on to involve in civil rights litigation through a firm. He was elected as a Senator in Illinois and subsequently, he went on to become the President of the United States of America twice and the rest is history.

Divorce Risk Analysis

Divorce is the dissolution of marriage in a legal manner sanctioned by a competent court. It is not just a legal phenomenon but a psychological occurrence as well. It triggers a whole lot of risks for either or both the partners like depression because of loneliness, radical changes in the lifestyle, loss of hope, loss of children, etc. Nonetheless, the rate of divorce is still pretty low in India.

The Affected People

 The children (if any);

 The partners themselves;

 Parents of both the partners;

 Siblings of both the partners.

Reasons behind Divorce

 Woman unable to bear child (especially a son);

 Not enough dowry is given by wife’s family;

 Adultery;

 Desertion;

 Incurable disease (mental, physical)

 Second marriage

 Husband guilty of a heinous crime (rape, murder, sodomy)

 Child marriage

 Mental or physical cruelty (danger to life or limb or health of spouse)

 Uneducated husbands

Divorce Risk Analysis

After the husband/wife sends a legal notice for divorce to his/her counterpart, there are numerous high-end risks that may be irreparable in the future. If the spouse replies to the notice in affirmation or the court grants divorce, the following may happen

• The spouses invite social trauma and lowered social status for the whole family;

• Husband may be required to pay maintenance for lifetime;

• Half of the total property of husband would go to wife;

• Poverty (for the spouse who is not financially sound);

• Loneliness and Depression;

• Question as to who will get the custody of children would be a mind-boggling issue;

• Remarriage is quite difficult and cumbersome in Indian society. Even if the spouse remarries, the step-father or step-mother may not be welcoming for the children;

• One study also suggests that children of divorced parents consider divorce as the perfect solution to marital problems;

• Studies have found that children with divorced parents show lower levels of success at schools, poorer and deranged behavior, the number of emotional problems, low self-esteem, difficulties in making social relationships, etc.

Statutes Governing the Divorce Law in India

Hindu Marriage Act, 1955

Special Marriage Act, 1954

Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Important Do(s) and Dont(s)

• Don’t opt for divorce for petty marital problems;

• Contact a divorce lawyer for legal consultation or seek online legal help from top divorce lawyers.

SC refuses to stay Parrikar Oat taking ceremony

On March 14^th, 2017, the Hon’ble Supreme Court of India refused to stay the oath taking ceremony of Manohar Parrikar before the Goa Legislative Assembly to be sworn as the Chief Minister of Goa. Furthermore, it ordered a floor test to be held on March 16^th, 2017.

Where it all began

At the completion of Goa Assembly elections on 40 seats, Congress party stood at 17 seats, BJP at 13, Goa Forward Party (GFP) at 3, Maharashtravadi Gomantak Party (MGP) at 3, Independent numbering 3 and NCP at 1. BJP got support from GFP, MGP and two independent MLAs and claimed majority before the Governer of Goa. Mridula Sinha, the Governor of Goa, invited BJP to form the government in the state. Congress filed the petition before the Supreme Court challenging the decision of Mridula Sinha.

Contentions of the Parties

Senior Advocate Abhishek Manu Singhvi, appearing for Congress, contended that the Governor failed to adhere to the mandates of the Constitution of India and acted in a mala Fide and arbitrary manner as he should have invited Congress, i.e., the single largest party in Goa to form the government. They also contended that BJP employed a late-night political maneuver and defeated the mandate of the people which was in favor of Congress.

Senior Advocate Harish Salve, appearing for Mridula Sinha, contended that the Governor was convinced of BJP’s majority while on the other hand, Congress failed to prove its majority. He also stated that the floor test will happen as soon as possible. Moreover, the swearing-in ceremony should go as planned, on 14^th March at 5 p.m.

The Verdict

A three-judge bench led by Chief Justice of India J S Khehar observed that there is no rationale for staying the oath taking ceremony. It further stated that all the formalities required by the Election Commission to be completed by 15^th March and the floor test to prove the majority should be conducted on 16^th March at 11 a.m. Supreme Court cracked down on Congress by pointing out that “The Congress don’t have the numbers or else it would have proven its majority before the Governor. Everything is lacking in their plea and they haven’t approached the Governor to form the government.” It finally directed the parties to appoint a ‘Protem’ speaker to conduct the floor test.

Offence Of Abetment To Suicide (306IPC) Can’t Be Quashed On Settlement Between Parties - Bombay HC

On 2^nd March 2017, the Bombay High Court refused to quash the FIR against a person who had filed a writ petition for quashing the same on the grounds of the settlement with the victim’s father.

Case Name

Mohd. Asgar Choudhari and Ors. v. State of Maharashtra and Anr., WP No. 31 0f 2017 (Bombay HC)

Where it all began

The FIR was registered against Mohd. Asgar Choudhari, i.e., the Petitioner, under Sections 498A (cruelty), 306 (abetment to suicide) & 406 (punishment for criminal breach of trust) of Indian Penal Code, 1860. The petitioner was in a relationship with the victim. The first informant (father of the victim) registered the FIR on the grounds of abetment to suicide of his daughter. However, his affidavit in an order dated 2^nd January 2017 spoke otherwise, stating that “he was in a shocked state of mind due to the sudden demise of his daughter and his daughter committed suicide under depression.” This contrary statement has raised doubts over the veracity of the facts of the case. The petitioner then filed a writ petition before the Bombay High Court to quash the said FIR registered against him as the settlement has been reached between the petitioner and the first informant.

The Masqueraded Settlement

The petitioner scored a settlement with the first informant behind the curtains for an amount of Rs 8 lakhs. His cousin sent a letter dated 17-02-17 to the Senior Inspector of Police, Deonar Police Station, Mumbai mentioning the same.

The Verdict

The bench of Justice A. S. Oka and Justice Anuja Prabhudessai refused to quash the FIR on the ground that the victim of the alleged offence is no more and therefore, rejected the writ petition. However, it observed that the petitioner would not be precluded from applying for discharge.

Arbitration For Start-up

Arbitration (Meaning and Law)
Arbitration is an alternate dispute resolution mechanism in which the dispute is submitted to a neutral third-party known as the arbitrator(s). He is appointed by both the parties, who subsequently holds the arbitral proceedings, analyzed evidence and adjudges on the matter by passing an award.

Need for Arbitration for a Start-up
• It is a faster and more simpler method of resolving disputes;
• More economical than hardcore litigation;
• Start-ups are not financially phenomenal and therefore, arbitration is financially feasible;
• Private proceedings rather than courtroom drama for a start-up;
• A judge may not be the expert in the concerned arena but an expert arbitrator in that arena may be appointed.

The Arbitration Clause
The following arbitration clause is a must for a contract. It is not a legal requirement but for a speedy out-of-court settlement:
“Any dispute or difference arising between the parties to this contract out of or in connection to this contract including the question regarding its meaning, scope, legality, existence, operation, termination, validity of its breach or of compensation payable thereof shall be settled through the means of arbitration in accordance with the Rules of International Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance to such process shall be binding on the parties hereto.”

Key Terms & Conditions of a detailed Arbitration Agreement
• Validity of the arbitration agreement;
• Enforcement of arbitration agreement;
• Appointment of arbitrators;
• Place of arbitration;
• Arbitrability of dispute;
• Choice of law (substantial and procedural);
• Type of arbitration (institutional, ad-hoc or any other);
• Multi-party agreements.

Important things to Remember
• Arbitration may be binding or non-binding upon the parties, i.e., a party may even reject the award of the arbitration;
• Arbitration award can only be set aside and not appealed;
• In some cases, the costs of arbitration may even exceed the costs of litigation;
• Indian courts may refuse to allow the choice of law between the parties on the grounds of public policy.

Statutory Law References
Indian Arbitration and Conciliation Act, 1996
Indian Contract Act, 1872

Landmark Judgments
ONCG v Saw Pipes, (2003) 5 SCC 705
Venture Global Engineering LLC v Satyam Computer Services Ltd, (2008) 4 SCC 190
Bharat Aluminium Co Ltd v Kaiser Aluminium Technical Service Inc, (2012) 9 SCC 649

Important Do(s) & Don’t(s)
• Legal consultation or online legal advice is essential for drafting arbitration agreement and arbitration proceedings;
• A start-up should always go for arbitration which is financially feasible;
• An arbitration agreement should be drafted in a detailed manner so as to outline the whole process;
• Even no. of arbitrators should not be appointed but only in odd numbers such as 1, 3, 5, 7, etc;
• Hold consolidate arbitration proceedings in case of multi-party agreements.

World’s Most Expensive Company Settlements

Business and competition are the phases of the same coin. There is cut throat competition to expand the business and it is becoming harsher day by day in the globalized World. Every company wants to become a global brand so that its presence can be appreciated world- wide in every class of consumer. The mergers and acquisitions are one of the strategies which followed by the companies to expand its horizons. The ownership of a company is acquired by the other company dealing with the same type of services or products. A legal adviser’s consultation is very crucial to facilitate a merger or acquisition. Let’s have a look on the recent settlements which happened between two companies-

 British American Tobacco Co. is going to acquire R.J. Reynolds American Tobacco Co. – 

British American Tobacco which is based in London has entered into an agreement to buy the stake in Reynolds American, based in Winston-Salem, N.C. for $49 billion. The deal is also subject to shareholders and regulatory approval. It is expected to complete in the third quarter of 2017. 

Reynolds American reported sales of $10.7 billion in 2015. British American Tobacco reported revenue of $15.8 billion, in 2015. The purchase would create the world’s largest publicly traded tobacco business, based on net sales.

 Chem China deals with Syngenta AG-

China National Chemical Corporation’s $43 billion offer for Syngenta AG., based in Basel, Switzerland was China’s biggest overseas deal announced last year. The takeover announced a year ago, is one of a trio of mega-deals that would reshape the global agrochemicals industry. The others are Dow Chemical Co.’s bid to merge with DuPont Co. and Bayer AG’s agreement to buy Monsanto Co. The combined transactions would whittle down six industry players to three giants: one American, one German and one Chinese. Syngenta AG said the U.S. Federal Trade Commission has asked for more time to review it's $43 billion takeovers by China National Chemical Corporation. Chem China filed for U.S. approval in January 2016. Repeated delays in the approval process, which has involved authorities on four continents, have pushed back the expected closing date for the deal. Companies authorities are hopeful that Merger could still win approval before April 12 EU deadline.

 The Shire completed merger with Baxalta-

The Shire has completed it's $32 billion mergers with Baxalta, creating the global market leader in rare diseases and other specialized disorders.

The Shire projected that the combined company would generate approximately 65% of its total annual revenues from its rare disease products revenues the company has forecast as rising to more than $20 billion by 2020.The combined company would consist of more than 22,000 employees across more than 100 countries, as well as more than 50 programs in clinical development.  

 Abbott completes the acquisition of St. Jude Medical-

Abbott has completed the acquisition of St. Jude Medical Inc., establishing the company as a leader in the medical device arena. Together the company will compete in nearly every area of the $30 billion cardiovascular market and hold the No.1 or 2 positions across large and high-growth cardiovascular device markets.

SoftBank to Buy Britain’s ARM-

In the year 2016 Japan's SoftBank acquired ARM Holdings for $32 billion, Softbank has agreed to acquire ARM Holdings, the giant semiconductor firm of U.K that supplies part of the chip design used in Apple iPhones, ARM the largest London-listed tech company by market value. ARM has a major presence in mobile processing. Its processor and graphics technology is used by Samsung, Huawei, and Apple in their in-house microchips.

 Microsoft tied up with LinkedIn- 

Microsoft acquired LinkedIn for $196 per share in an all-cash transaction valued at $26.2 billion. LinkedIn is the world’s largest and most valuable professional network and continues to build a strong and growing business. LinkedIn, based in Mountain View, California, will retain a distinct brand, culture, and independence, according to Microsoft, and LikendIn current CEO Jeff Weiner will remain in his role.

"LinkedIn and Microsoft really share a mission" of helping people work more efficiently and "There is no better way to realize that mission than to connect the world's professionals," said Microsoft CEO Satya Nadella. 

 Acquisition of  Tyco International by Johnson Controls-

Johnson Controls Inc., a U.S. maker of car batteries and heating and ventilation equipment, acquired Ireland-based peer Tyco International Plc., in a $16.5 billion deal. 

By uniting Johnson Controls, the number one provider of building efficiency solutions with Tyco International, the number one provider of fire and security solutions, the new company is uniquely positioned as a leader in products, technologies and integrated solutions for the buildings and energy sectors.

Employment Contract

An Employment Contract is a legal agreement which delineates the terms and conditions of employment between an employee and an employer such as wages, duration of works, non-compete procedures, etc. They are usually signed and executed at the time of the inception of employment. There are majorly three types of employment contracts: -

* Full-time employment contract (FTEC)

* Part-time employment contract (PTEC)

* Freelancer employment contract (FLEC)

Key Terms & Conditions of an Employment Contract

• Definitions and Interpretations;

• Acceptance of employee by the employer for the job and acceptance of job by the employee;

• Responsibilities and obligations involved in the job;

• Duration of probationary period and salary during that period;

• Salary including Basic, HRA, Medical Allowance, Education Allowance, etc;

• Status of job: Full time, part time or freelancers;

• Place of work;

• Date of starting and ending of job;

• Working hours in a day and working days in a week (for FTEC and PTEC) or assignment completion basis (for FREC);

• Overtime (for FTEC and PTEC);

• Payroll schedule: on a daily, weekly, biweekly, semi-monthly, monthly, per piece of work, etc;

• Refunds for calls travels carried out in the course of employment;

• Holidays and Paid leaves in a year;

• Unpaid leaves and exceptions to it;

• Perquisites;

• Deductions;

• Required travels: once in a week, twice in a month, 10 times in a year, etc;

• Policies and standards;

• Confidentiality and Non-Disclosure;

• Non-solicitation which may hinder the company’s interests;

• Provident Fund

• Change in duties and remuneration would not make the present contract invalid;

• Prior notice of resignation;

• Termination of employment by the employer;

• Indemnification;

• Governing Laws;

• Dispute Resolution;

• Schedule A – Job description;

• Schedule B – Confidentiality and Non-Disclosure agreement.

Statutory Law References

Sec. 2(h) & 27 of the Indian Contract Act, 1872

Industrial Disputes Act, 1947

Payment of Gratuity Act, 1972

Industrial Employment (Standing Orders) Act, 1946

Factories Act, 1948

Payment of Wages Act 1936

Minimum Wages Act 1948

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

Employees' Provident Fund and Miscellaneous Provisions Act 1952

Landmark Judgments

Diljeet Titus v. Mr. Alfred A. Adebare and Ors. 2006 (32) PTC 609 (Del)

Niranjan Shankar Golikari v. The Century Spinning and Manufacturing Company Ltd. 1967 AIR 1098

Desiccant Rotors International Pvt. Ltd v. Bappaditya Sarkar & Anr, Delhi HC, CS (OS) No. 337/2008

Important Do(s) and Don't(s)

• Contract should be signed and executed at the time of beginning of employment;

• Lawyer consultation or online legal advice should be the priority before executing such contract;

• Bond for a minimum time period of employment should be avoided as it constrains the employee to be with the company even if the work is contrary to his expectations;

WORLD’S MOST EXPENSIVE DIVORCE LAWYERS

Each party to marriage ties the knot with other with great hopes and expectations. Each party to the marriage has a right to enjoy the company of other for the solace of his life. But sometimes circumstances may arise and parties want to dissolve their marriage due to some reason or another. A divorce lawyer can help someone who wants to divorce his/her spouse. There may be some NGOs which can provide free legal advice. One can also seek a legal adviser online. In most of the cases, one has to pay a fee for hiring a lawyer for divorce. There are many divorce advocates in the world who charges a huge fee from their clients for lawyer consultation. Let’s have a look on the world’s most expensive divorce lawyers-

1. Laura Wasser- 

Laura Allison Wasser is a partner at Los Angeles-based firm Wasser, Cooperman & Mandles, established by her father, Dennis Wasser which deals in family law cases related to marriage, divorce and child custody. She joined the firm after graduating from Loyola Law School in 1996.She is one of the most expensive lawyers as she Charges $850 for an hour and requires a $250,000 retainer. It is alleged that Wasser typically only represents people who are worth more than $10 million. Laura Wasser has represented a number of high-profile celebrities in the past, including Johnny Depp in his divorce from Amber Heard, Britney Spears, Mariah Carey, Kim Kardashian West, Ryan Reynolds, Heidi Klum and more. She even represented Jolie in her divorce from Billy Bob Thornton in 2003.Angelina Jolie has hired Wasser to represent her as she has filed a divorce suit against her husband Brad Pitt where the main issue is related with custody of their 6 children.

2. Sandra Davis-

Sandra Davis is a partner and head of the Family Department of the London-based firm Mishcon de Reya, Davis charges £610 an hour and has represented celebrity clients such as the Princess of Wales, Jerry Hall, Thierry Henry and Tamara Mellon. With her 30 years of experience. Sandra specializes in complex high-net-worth and ultra-high-net-worth cases. She is a Fellow of International Academy of Matrimonial Lawyer. London Super Lawyers directory even named her one of the Top 100 Lawyers and one of the Top 50 women.

3. Fiona Shackleton (Baroness Shackleton of Belgravia)- 

Fiona Sara Shackleton is a partner in one of the London’s leading family law firms, Payne Hicks Beach which she joined in 2001. She has represented members of the British Royal Family and legendary Beatle, Sir Paul McCartney, and many more celebrities. Shackleton charges £640 for an hour plus £5k for an initial meeting.

4. Ira E. Garr- 

Ira E. Garr works with Slipe Garr, P.C. a New York based firm which deals with matrimonial issues. Garr has been listed as one of the “Best Lawyers in America” since 2008.Most of his clients are generally high net worth individuals and often celebrities, it is no wonder that Murdoch chose Garr to represent him in the $11.2 billion divorce suit with her third wife.

5. Liz Vernon-

Liz Vernon is a partner at family law firm Clintons based in London. She has over 20 years of experience. She has dealt with high profile clients from sports, media and entertainment fields and their spouses like Slavica Ecclestone and Karen Parlour.

What is Intellectual Property Assignment Agreement (IPAA)

Intellectual Property (IP) is one of the most emerging arenas in law because of its economic exploitation. Some entities or persons may reap the benefits out of an IP on their own while some assign it to other entities or persons in consideration of royalty. The Intellectual Property Assignment Agreement facilitates the whole process by assigning the concerned IP to other through a contractual agreement. These are also known as Rights Agreements/IP Transfer Agreements.

Assignment
The term “assignment” refers to the transfer of rights vested in the owner of an IP to other entity or person. It is basically a sale and purchase of IP rights. The IP may include copyrights, patents, trademarks, industrial designs or geographical indications. The person who assigns the IP is known as the Assignor and the person to whom such IP is assigned is known as the Assignee. The assignment is different from licensing as the former facilitates the transfer of ownership of such IP for indefinite or limited time period while the latter allows the transfer of limited rights for a particular amount of time and ownership is not actually transferred.

Standard Terms & Conditions of an IPAA
• It should be in writing,
• Requirements of a valid contract to be fulfilled under the Indian Contract Act, 1872,
• Identification of the assignor and assignee,
• Definitions containing general and technical terms used throughout the contract,
• Duly mention the IP to be assigned,
• It must specify all the rights (economic and moral) and obligations assigned to the assignee,
• Mention the liability and warranty in regards to the ownership of such IP,
• Indemnification in case the IP is infringed on a third party’s rights,
• The time duration of such assignment,
• Territorial extent of the assignment,
• Governing law over such agreement and dispute resolution,
• Payment of Stamp Duty on such assignment,
• A lump-sum amount or royalty payable to the assignor,
• Attachment of the list and description of IPs to be assigned.

Important Points to Remember
• Registration of IPAA for copyright is not compulsory.
• IPAA for the geographical indication is expressly prohibited by law.
• Non-Payment of Stamp Duty does not invalidate the agreement.

Statutory Law References
Sec. 2(h) of the Indian Contract Act, 1872
Sec. 2(4) and 23 of the Indian Stamp Act, 1899
Sec. 18, 19 & 19A of the Copyright Act, 1957
Sec. 69 & 70 of the Patents Act, 1970
Sec. 37 - 43 of the Trademarks Act, 1999
Sec. 24 of the Geographical Indications of Goods (Registration and Protection) Act, 1999
Sec. 30 of the Designs Act, 2000
Sec. 21-24 of the Semiconductor Integrated Circuits Layouts Design Act, 2000
Sec. 16 & 18 Plant Varieties and Farmers Rights Act, 2001

Important Do(s) and Don't(s)
• Before IPAA, it is better to conclude a Non-Disclosure Agreement in regards to the concerned IP,
• Register the IPAA with the concerned IP office with respect to the type of IP,
• For assignee, it is feasible to analyze the risks and due diligence involved in the assignment of IP so as to verify its ownership,
• Perform a valuation of the IP to be assigned in order to obtain a fair market price.
• Above all, lawyer consultation is necessary to draft the agreement so as to review the legalities.

Proving extra marital affair can be difficult in a court

Adultery is defined as a consensual sexual relationship between two individuals who are not married to each other. Since this kind of relationship is intentional, therefore under the eyes of the law, it is a criminal offence. It is also regarded as one of the major ground for divorce but proving it in the court is usually quite difficult. Usually, there is no direct evidence of adultery. It can ONLY be proven in the court with the help of circumstantial evidence i.e. objectionable pictures of a spouse with the third person. It can be proved more easily indirectly by placing their letters, SMS, emails etc. as evidence

Important points

1. The pleadings of allegations of adultery must be very clear and specific. 

2. The allegations must be substantiated with particulars such as timing, the name of other individual and proofs such as SMS, Photos, Email etc which specifically establish an act of sexual relationship post-marriage between the parties involved. Mere the intention to have such relationship in future can't constitute as ground for divorce

3. Mere a suspicion is not enough to constitute a ground of adultery. 

4. A single act of adultery can constitute as ground for divorce

5. The adultery offence comes under section 497 IPC. 

6. The Husband and wife both can lodge an offence under section 497 IPC against their spouse who has committed it. 

Statutory law Ref.: - 

1. Section 497 IPC 

2. Section 13(1)(i) of the Hindu marriage act 1955 

Important Judgments 

1. Vishwanath S/o Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal 2012(3) RCR(Civil) 702

2. Smt. Sadhana Srivastava wife of Sri Arvind Kumar Srivastava daughter of Late Sri Parmanand Srivastava Vs. Sri Arvind Kumar Srivastava son of Late Sri Shiv Shankar Lal AIR 2006 A ll7

3. Devidas Ramachandra Tuljapurkar Vs. State of Maharashtra and Ors. AIR 2015 SC 2612

4. Dipanwita Roy Vs. Ronobroto Roy 2014(4) RCR(Civil) 724

Do 

1. Disclose all details related to your spouse with the lawyer. 

2. Share all documents related to marriage. 

3. Collect and share all proofs related to adultery such as email, SMS, Pictures etc.