Monthly Archives: May 2016

Ten Things You Didn’t Know About Lemon Law

images (4)Lemon law is not an ordinary law; thanks to it, you can now get what you deserve. If you purchase a car, even if it is a used one, and find it difficult to spend on its repairing and maintenance over and over again, you are eligible to receive the benefits of lemon law. No doubt you first need to talk to the seller and discuss about the problems in the purchased car; if he doesn’t pay attention, you have all the rights to knock the doors of the court of law.

Here are the top ten things you didn’t know about this law:

1) Not everyone or anyone is eligible to lemon law benefits: Not all the people in this world are eligible to enjoy the benefits of this law; first of all, there are only a few countries in which it exists. Secondly, you need to meet certain requirements to be eligible for this law.

2) You need a proper lawyer to talk on behalf of you: You have to have a proper lawyer to enjoy the advantages of this law. Unless you have a good and professional attorney, forget about winning the case.

3) There are a lot of companies that have lawyers handling such cases for their clients: A lot of companies have lawyers for such cases; learn about them on internet.

4) There are ways in which you can consult the lawyers to find out if you are eligible for the benefits of this law or not: If you are unsure about your eligibility, you can always consult the attorneys before filing a case to start with the hearing procedure.

5) You must have the purchase contract with you, if you want to enjoy the benefits: You need to have the contract of purchase with you, if you want to file a case on the seller of the car.

6) You can get a new car, if you win the case: If you win in this case, you are eligible to get a brand new car, at times.

7) You can lose a lot of money, if you lose the case: You need to give fees to the lawyers; this means that you lose all that money, if you lose the case.

8) The seller needs to be present at the court on the dates of hearing: Even the seller has to be present at the court.

9) Lemon law works for used cars as well: Just because you have a used car does not mean that you are not eligible for this law.

10) Your car need not be expensive: It doesn’t matter how cheap or expensive your car is, if you are dissatisfied with the product, you can enjoy the benefits of this law.

 

Competition Law and the Role of Competition Lawyers

images (3)Competition law is a branch of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. This field of law is designed to promote free and fair competition. ‘Competition’ in simple terms means the activity or condition of striving to gain or win something by defeating or establishing superiority over others. ‘Competition’ is typically referred to a situation in the market in which firms or sellers independently strive for the buyers’ patronage in order to achieve a particular business objective. The companies and firms must refrain themselves from anti-competitive business practices. The advantages of a perfect are three fold: allocative efficiency, which ensures the effective allocation of resources, productive efficiency, which ensures that costs of production are kept at a minimum and dynamic efficiency, which promotes innovative practices.

Competition Law in India

The history of competition law in India dates back to the 1960s when the first competition law, namely the Monopolies and Restrictive Trade Practices Act (MRTP) was enacted in 1969. But after the economic reforms in 1991, this legislation was found to be obsolete in view of international economic developments and in many other aspects and as a result, a new law in the form of the Competition Act, 2002 was enacted in 2003. The Competition Commission of India is the quasi judicial body established for enforcing provisions of this Act throughout India and to prevent activities that have an adverse effect on competition in India.

The various objectives of the Competition Act are:

1. To prevent practices having adverse effect on competition;

2. To promote and sustain competition in markets;

3. To protect the interests of consumers; and

4. To ensure freedom of trade carried on by other participants in markets, in India.

Role of Competition lawyers

The competition lawyers generally act on behalf of large international companies, as these organizations have the greatest ability to affect competition in the market. They also advise new entrants in the market, for example, where their access to the market may be blocked by competitors. The role of these lawyers is to respond to investigations by competition authorities, to handle court proceedings and to advice on day-to-day trading and compliance issues. They also defend companies accused of price fixing in secret cartels. The role of the competition lawyer is to use advocacy and economic evidence to show that the merger will not reduce competition. The other job duties include:

1. Merger control advice and filings;

2. Abuse of dominance investigations;

3. Cartel enquires and related litigation;

4. Analysis of commercial agreements and licensing and distribution arrangements;

5. Analysis of sector specific policies and market studies to identify competition concerns;

6. Intersection between competition law issues and intellectual property rights;

7. Competition compliance and training;

8. Counseling and providing strategies for anti-trust risk management.

 

What You Should Always Do After A Car Accident

download (16)Being involved in a car accident often places people in state of shock. With adrenaline rushing through your body, it can be difficult to make calm and rational decisions. What you do immediately after these events have occurred, however, can have a serious impact on their outcome. Following are some of the most important steps to take for ensuring human safety and your long-term, financial well-being.

Make sure that everyone in your car is okay. Be sure to put your car in park and turn the ignition off. Minor details like these are often overlooked as the result of shock and panic, however, they are necessary for ensuring that no additional damage is done to vehicles and no further injuries are sustained.

Check on the passengers in the other car and make sure that they are in an acceptable condition as well. If emergency response services are required, contact these professionals immediately. If you are not trained in the administration of first aid, see if any passersby are willing to help.

It is important for each driver to share his or her auto insurance information. Make sure to copy down all of the relevant details before allowing anyone to exit the scene. This is true even if the accident is relatively minor and no significant physical injuries have been sustained. When discussing the accident, neither driver should admit full or partial fault. This can later be determined via individual statements, witness statements and other collected evidence.

When possible, take the time to collect the names and contact information of any direct witnesses. Their statements could prove essential in support any personal injury claim that you file. In fact, you may want to write down their statements immediately after the incident while their memories of this event is still fresh. Having them sign and date their initial statements immediately after having collected these will increase their validity and bring more weight to your case.

An official accident report should be filed by an attending officers. This should be submitted to all of the appropriate parties and copies should be retained for attachment to your claim. This way, all facts concerning this event are duly recorded and unlikely to be contested.

Take a trip to the emergency room, even if you aren’t bleeding or showing the signs of broken bones. High-impact events can cause injuries that may take days or even weeks to make themselves apart. Whiplash and other forms of joint dysfunction are incredibly common among auto accident victims. Having doctor review and document your injuries is yet another vital part of building your claim.

Get in touch with a reputable motor vehicle accident lawyer to assist you in building your case. This professional can take the evidence that you’ve collected and use it to pursue a fair, feasible settlement for your pain and suffering and all resulting financial losses. It is important to note that people who negotiate the claims process with the help of qualified legal professionals, always have a far better chance at receiving acceptable settlement outcomes than those who do not.

 

The Hammer of Debarment and Shield of Compliance

download (15)Humans developed shields to protect from weapons. By analogy, strong compliance may mitigate or protect from various enforcement tools in the arsenal of the U.S. Government. Since at least the Civil War, the U.S. Government has been utilizing criminal penalties, civil liabilities, and administrative and contractual remedies to deter and punish procurement misconduct. Recently, the various Federal Agencies have been utilizing suspension and debarment as its tool of choice to exclude contractors, who are deemed not presently responsible, from doing business with the U.S. Government.

Our experience shows that by having an active compliance program, many contractors are likely to avoid suspension and debarment even when there is some evidence of misconduct. This is because contractors with strong internal checks and controls are more likely to discover the misconduct early and take appropriate actions quicker, before the misconduct becomes so serious as to question their present responsibility.

The number of suspensions and debarments for businesses and individuals has more than doubled between 2009 and 2013, and this trend will most likely continue. According to the 2014 GAO Report, the number of government-wide suspensions and debarments increased from 1,836 in 2009 to 4,812 in 2013. The Interagency Suspension and Debarment Committee reports that in 2014, the number of debarments reached 1,929, exceeding the previous record of 1,696 in 2013. The GAO Reports points out that many agencies are getting better at debarment and suspension actions. This means that contractors and their legal teams must get better at compliance.

Causes of Debarment

The Federal Acquisition Regulation, Part 9.402 requires the U.S. Government to only conduct business with responsible businesses. Businesses that engage in activities listed below may be considered not responsible and be excluded from conducting business with the U.S. Government. (FAR Part 4-6-2). This is not the entire list!

Conviction or civil judgment for commission of fraud.
Violating antitrust statutes.
Embezzlement, theft, forgery, bribery, tax evasion.
Violating federal criminal laws.
Receiving stolen property.
Intentionally using “Made in America” or similar inscription on items sold or shipped to US/outlying areas when not made in either.
Commission of any other offense indicating a lack of business integrity or honesty that directly affects the present responsibility of a Government contractor, or subcontractor.
Willful failure to perform one or more contracts, history of failure to perform or unsatisfactory performance.
Violating the Drug Free Workplace laws.
Committing unfair labor trade practice.
Violating federal criminal laws involving fraud, bribery, conflict of interest, or gratuity violations.
Violations of the civil False Claims Act.
Failing to make mandatory disclosures.
The Shield of Compliance.

Strong compliance starts with annual training on procurement integrity and new developments. This alerts all employees working in the government procurement sector of potential conflict of interest issues, likely areas of procurement misconduct, source selection information violations, and new restrictions on post-employment of federal employees, among others. Next, hotlines and other means of allowing employees to quickly report potential misconduct are critical. Finally, active involvement of compliance officers, legal teams during investigations, and prompt cooperation with the U.S. Government pursuant to the Mandatory Disclosure Rule are just as important.