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Data draft code brings legal uncertainty

first_imgConsultation on the Data Protection Commissioner’s draft code of practicefor employers has closed amid angry accusations that it would leave employerswide open in tribunal cases. The draft, which employers’ groups say is far too detailed and prescriptive,proposes that employers should not keep detailed sickness records withoutemployees’ express consent. It also warns against keeping information on sex, ethnic origin, disability orother “personal characteristics” unless absolutely necessary. But this would make it impossible for organisations to defend themselvesagainst claims of discrimination and unfair dismissal. “The regulations are at odds with employment tribunal proceedings andleave employers uncertain about their legal situation,” the CIPD’semployee relations adviser Diane Sinclair said. DPC Elizabeth France acknowledged the employment law arguments for keepingrecords, but said she had “doubts how far this line of argument can besustained”. The kind of data warned against in the code is often pivotal in casesinvolving sickness absence and disability. And detailed statistics on sex andrace will be crucial when the Burden of Proof Directive becomes law later thisyear, forcing employers to defend themselves against prima facie cases ofdiscrimination. Data draft code brings legal uncertaintyOn 1 Feb 2001 in Personnel Today Comments are closed. Previous Article Next Article Related posts:No related photos.last_img read more

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Real estate industry calls sewage-overflow bill “extreme”

first_img Tags Full Name* Queens Council member Costa Constantinides is sponsoring the bill. (Getty, Costa Constantinides) The City Council is pushing a bill to limit how much asphalt can cover a development site, but real estate professionals say it ignores the realities of building in the city.The measure, sponsored by Queens Council member Costa Constantinides, would cap the percentage of material that doesn’t absorb rainwater, such as asphalt or concrete, covering building sites.For future projects, no more than half of a lot could be impermeable, according to the bill. Existing development above the 50 percent threshold would be grandfathered but could not be made any more impermeable. Gas stations and certain industrial sites would be exempt.Constantinides is trying to reduce how much raw sewage flows into the city’s waterways. Much of the city has a combined sewer system, meaning rainwater and sewage flow into the same pipes, which get overwhelmed during rainfalls. To prevent untreated waste from backing up into homes and streets, it is diverted into the Gowanus Canal, Newtown Creek, East River and numerous other waterways.But the Real Estate Board of New York said his bill applies a one-size-fits-all approach to entirely different areas — whether they are high-density or low-scale, or prone to sewage overflows or not.And what would happen, the trade group asked, if a below-grade room had a permeable surface above it?There are surely other problems with the bill that no one has contemplated yet, the group added.“This is by no means exhaustive given the complexities of designing these systems and the variety of below-grade conditions,” the group wrote in testimony submitted at a hearing on the bill this week. “Further study and outreach is necessary.”The New York Coalition of Code Consultants, whose members help secure project approvals, called the measure “extreme” and said it would restrain development.“New York City may be a concrete jungle, but residents also live sustainability through dense housing and take advantage of walkability, proliferating bike lanes and public transportation,” the group testified. “There are ways to encourage more sustainable development without completely stifling new construction.”The bill, introduced in 2018, is part of an effort to make the city more resilient to climate change. Late last year, the City Planning Commission launched a public review of a proposal to address coastal flood resiliency through zoning.Contact Kathryn Brenzel Email Address* Share on FacebookShare on TwitterShare on LinkedinShare via Email Share via Shortlinkcenter_img Message* Share via Shortlink city councilCosta Constantinideslast_img read more

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Twentieth century increase in snowfall in coastal West Antarctica

first_imgThe Amundsen Sea sector of the West Antarctic ice sheet has been losing mass in recent decades; however, long records of snow accumulation are needed to place the recent changes in context. Here we present 300 year records of snow accumulation from two ice cores drilled in Ellsworth Land, West Antarctica. The records show a dramatic increase in snow accumulation during the twentieth century, linked to a deepening of the Amundsen Sea Low (ASL), tropical sea surface temperatures, and large-scale atmospheric circulation. The observed increase in snow accumulation and interannual variability during the late twentieth century is unprecedented in the context of the past 300 years and evidence that the recent deepening of the ASL is part of a longer trend.last_img

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Irwin’s pushes into Irish Republic with bread deal

first_imgNorthern Ireland bakery Irwin’s has broken new commercial ground by securing contracts to supply its Nutty Krust batch bread to retailers in the Irish Republic.The bread went on sale in Tesco Ireland at the beginning of June and will be on the shelves of the Musgrave Group and Dunnes Stores towards the end of June and early July.The County Armagh-based company said the separate deals represent a combined 300,000 additional Nutty Krust loaves each year, at a potential retail value of £400,000.Launched more than 40 years ago, this is the first time Nutty Krust will be available outside Northern Ireland. It was voted ’Product of the Year’ by Tesco NI customers in 2002 and 2007.Irwin’s launched three new Nutty Krust varieties earlier this year: Nutty Krust Sunflower and Pumpkin Seed, Malted Grain and Half Loaf – the traditional loaf in a half-size pack. Tesco Ireland and Dunnes will list all three, while the Musgrave Group will stock the Sunflower and Pumpkin Seed and Malted Grain versions. The company said slow baking on the sole of the oven gives the loaf its nutty crust and soft centre and, from mixing to slicing, the whole baking process takes six hours.Brendan Lappin, Irwin’s business development manager, said: “These new listings represent an enormous boost to our Irish business and we are delighted that our retail customers are extending their business with us to help bring Nutty Krust to this important market for the first time.”He added: “A key strand of Irwin’s growth and sustainability strategy as an indigenous, family-owned operation has been to use our product innovation and supply chain capabilities to create real export strength, delivering new products to new markets at the right time.”Irwin’s already distributes a number of key product lines to multiples and independents in the Irish Republic, including its award-winning Irish breads range, which it makes in conjunction with celebrity chef Paul Rankin, as well as its branded items such as muffins and Low GI White Rolls.last_img read more

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Harvard’s efforts to help Japan

first_img“There is a safety issue, but I think this is a more compelling security issue,” Bunn said. Members of the Harvard community filled the Memorial Church on Monday night (March 21) for a candlelight vigil on behalf of the victims and refugees created by Japan’s devastating earthquake and tsunami.The vigil was part of Harvard for Japan Week, organized by the similarly named student group Harvard for Japan, the Reischauer Institute of Japanese Studies, the Harvard Japan Society, and the Program on U.S.-Japan Relations. Other events included panel discussions, fundraising efforts, and benefit concerts.The week wraps up with benefit concerts by the Bach Society Orchestra on Friday (March 25) in Sanders Theatre, featuring renowned violin soloist and Harvard senior Ryu Goto, and a concert by the Harvard-Radcliffe Asian American Association on Saturday (March 26).Within hours of seeing initial images of destruction in Japan following the March 11 earthquake, the Harvard community began responding. The effort expanded rapidly in the days afterward, as community members worked to raise money and awareness, aid the flow of useful information, and discuss helpful paths forward.Harvard President Drew Faust expressed concern for those caught in the destruction. “All of us have watched with profound concern and sadness as Japan has confronted the devastating events of recent days,” said Faust. “I know I speak for the whole of the Harvard community in expressing deep sympathy to those who have suffered the loss of family and friends, who have seen their homes destroyed, and who continue to face uncertainty and danger.”The Harvard Center for Geographic Analysis quickly launched a web portal to assist the flow of vital geographic information for anyone interested, from rescuers on the ground to supporters from afar to those who, over time, seek lessons from the tragedy. The data portal is sponsored by the Reischauer Institute, which reconfigured its own web page to help people find information on the disaster, and also by the Harvard Map Collection, the Fairbank Center for Chinese Studies, and the Institute for Quantitative Social Science. It features live web feeds from Japanese television stations and a link for donating to relief efforts.Jorge Domínguez, vice provost for international affairs, said the University activated its international emergency response team to account for Harvard-affiliated personnel in Japan, including those at Harvard Business School’s Tokyo office, eventually ascertaining that all affiliates known to be traveling there were safe.Reischauer Institute Director Andrew Gordon, the Lee and Juliet Folger Fund Professor of History, said it became clear early on that it would be counterproductive for people here to head to Japan to help. So the conversation quickly turned to practical ways to provide assistance.In the short term, activities such as those led by the Harvard for Japan group will help. The medium term is less clear, Gordon said, because fellowships and summer programs involving travel to Japan may not be practical owing to safety issues or economic turmoil. On the other hand, he said, there may be opportunities for Harvard community members to volunteer with nonprofits to provide aid. That determination, however, will have to wait.For the long term, the issue becomes scholarship. Given that in the Internet age much of the record of the disaster is only stored electronically, the discussion turned to how material in such a transitory medium should be preserved, perhaps by archiving periodic snapshots of the web pages of representative organizations. Social media should be included, Gordon said, because electronic discussion of such events flourishes on such sites as well as on more traditional web pages.“There’s so much online discussion happening in these [social sites] for a medium that didn’t exist” a few years ago, Gordon said. “The possibility exists to capture conversations rather than just capturing documents.”The Harvard School of Public Health (HSPH) convened medical and humanitarian relief experts on March 16 at the Forum at Harvard School of Public Health, a session that was webcast live. The discussion was led by Jennifer Leaning, François Xavier Bagnoud Professor of the Practice of Health and Human Rights and director of the Bagnoud Center for Health and Human Rights, and featured Harvard Humanitarian Initiative Director Michael VanRooyen, an associate professor of medicine and of public health; Gordon Thompson, executive director of the Institute for Resource and Security Studies; Takemi Professor of International Health Policy Michael Reich; and Takashi Nagata, a physician and former HSPH fellow who joined the discussion via web linkup from Tokyo.Nagata, who had spent days in the disaster zone and was planning to head back to it, said the destruction was so complete and so difficult to bear that he broke down and cried several times. The panelists said the Japanese government needed to do a better job of sharing information so people maintained their trust in the government and continued to heed its directions.Harvard faculty members have been providing perspective and context, as well, in interpreting the disaster’s ongoing effects, including the shutdown of and radiation release at several damaged nuclear power plants.Matthew Bunn, associate professor of public policy at the Harvard Kennedy School, has conducted research on nuclear energy and nuclear proliferation risks. Bunn said Monday (March 21) that the ongoing drama at the damaged nuclear reactors seemed to be gradually coming under control. The situation remained serious, and the discovery of radiation in food and water was worrisome, he said, but the chance of a catastrophic explosion was gradually decreasing, barring the unforeseen.Bunn said the lessons to be learned included having adequate backup battery power for nuclear plants. But a critical lesson involved not safety but security, because the disaster highlighted the danger that can arise from multiple system failures, such as might occur from a terrorist attack.last_img read more

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Taking HCI to Extremes

first_imgRugged build and rigid cover to withstand sudden shocks ​– certified to withstand 40G of operational shock and for operation at up to 15K feet of elevationProviding even more platform flexibility, we are also announcing a new VxRail E Series model based on, for the first time, AMD EPYC processors. The single socket, 1U nodes offer dual socket performance making them ideal platforms for desktop VDI, analytics and computer aided design. As our second lightest and second shortest depth chassis (only the D560 is lighter weight and shorter depth) with a high efficiency dual redundant power sipping 550W power supply, this an ideal option for edge deployments.Extreme Performance and Operational EfficienciesMore than ever, new workloads require extreme IO and graphics performance, and we continue to provide new ecosystem options to meet those demands while at the same time continuously enhancing our VxRail HCI System Software to deliver extreme operational simplicity.The addition of Intel® Optane™ DC Persistent Memory to the E560 and P570 platforms offers high performance and significantly increased memory capacity with data persistence at an affordable price. VxRail is the first, fully integrated VMware HCI system to support Intel’s new groundbreaking technology innovation, Intel Optane persistent memory.Our testing showed VxRail with Intel Optane persistent memory in app direct mode delivers 90 percent lower latency and 6x higher IOPs for small I/O workloads compared to those same VxRail models with NVMe, making it ideal for in-memory intensive workloads and use cases such as SAP HANA.We have also added the latest NVIDIA® Quadro RTX™ 6000 and 8000 GPUs to the V570F bringing the most significant advancement in computer graphics in over a decade to professional workflows. Designers and artists across industries can now expand the boundary of what’s possible, working with the largest and most complex graphics rendering, deep learning, and visual computing workloads.VxRail continues to set the pace in delivering operational simplicity with our HCI System Software, the core differentiation of VxRail regardless of your workload or platform choice. Our integrated, value added software extends VMware native capabilities to deliver a seamless, automated, operational experience, including automated  full stack lifecycle management that keeps the infrastructure in continuously validated states to ensure workloads are consistently up and running. In our latest software release supporting vSphere 6.x – VxRail 4.7.510 – we continue to add new automation and self-service features enabling customers to schedule and run upgrade health checks in advance of upgrades to ensure clusters are in a ready state for the next upgrade or patch, and offer more flexibility in getting all nodes or clusters to a common release level.Extending the Dell Technologies Cloud Platform to New ExtremesThis launch is jam-packed. In addition to new platforms, the Dell Tech Cloud Platform, VMware Cloud Foundation on VxRail, now enables extreme simplicity so IT can enable developers of modern applications and extreme flexibility with an entry level cloud configuration.Furthering our commitment to supporting the latest VMware technologies, customers can now run vSphere Kubernetes on the Dell Tech Cloud Platform, VMware Cloud Foundation 4.0 on VxRail 7.0.VMware recently introduced the highly anticipated vSphere 7.0. In keeping with our synchronous release commitment, we introduced VxRail 7.0 with support for vSphere 7.0 in late April – within 30 days of VMware’s release. VCF 4.0 on VxRail 7.0 delivers a simple and direct path to Kubernetes at cloud scale with one complete automated platform. Unique integration across the stack enables developers and operators to quickly and easily support modern application development with infrastructure managed as a single automated private cloud.Additionally, VCF 4.0 networking advancements have made it easier than ever to get started with hybrid cloud. With a more accessible Consolidated Architecture, Dell Technologies Cloud Platform can now be deployed starting with a 4-node configuration, lowering the cost of entry level hybrid cloud.Enabling IT to Deliver Extreme ResultsAs you can see, we never stop innovating. Whether you are accelerating data center modernization, extending HCI to harsh edge environments or deploying an on premises Dell Tech Cloud platform to create a developer-ready Kubernetes infrastructure, VxRail delivers a turnkey experience, extensive platform configuration options, automation, orchestration and consistent hybrid cloud operations to address the broadest range of traditional and modern workloads across the core, edge and cloud- taking HCI to Extremes.We miss getting the chance to see everyone face to face; however, we have some great virtual platforms that you should check out — you can attend our virtual launch event and crowd chat, visit the post event page to watch the event replay, register for deep dive Meet the Expert Q&A breakout sessions, or interact with our VxRail augmented reality virtual tour (it’s a super cool way to look under the hood of a VxRail without needing a screwdriver!). Admittedly, I miss the opportunity to get out and meet with customers to discuss how they are using VxRail and share our latest innovations and roadmaps. However, I am beyond impressed by how IT organizations have stepped up to enable organizations to remain productive. Our goal is to continuously innovate to empower IT and I am excited that  our team has come up with some great ways  to share all of our VxRail announcements, and engage everyone in our VxRail – Taking HCI to Extremes virtual launch.The launch covers how VxRail brings the power of HCI to the extreme edge with a rugged version that can withstand the harshest conditions, how new platforms and eco-system enhancements deliver extreme performance for demanding workloads and how software upgrades continue to deliver extreme operational efficiencies. We will also touch on how our latest Tanzu enabled hybrid cloud helps deliver extreme modern applications to the market. Here’s a quick review of all of the exciting announcements.I’ll cover some of the highlights of our announcements, spanning new hardware platforms, ecosystem options as well as the latest in software innovations for use cases across the edge, core and cloud.HCI at the Extreme EdgeWe are introducing two new platforms to meet the demand for more compute, performance, storage and more importantly operational simplicity- at the edge and remote locations. First, we are excited to announce a brand-new Dell EMC VxRail Series – the most extreme yet – the D Series. The D560/D560F is a ruggedized, durable platform that delivers the full power of VxRail for workloads at the edge, in challenging environments, or for space-constrained areas. ​Bottom line, you can’t just put a device built for a data center in extremely harsh environments — from manufacturing plants to oil rigs to submarines — in remote locations where dust is blowing or in sub-zero temps, and expect it to operate. We built the D-series to go to the extremes — extreme heat, extreme cold, extreme altitudes — so customers can get the power and simplicity of VxRail no matter where they need it.Resilience to extreme heat, sand, dust and vibration​ – VxRail D Series is certified to take heat up to 45C/113F and can even go up to 55C/131F for up to 8 hours, and have a certified cold start down to -15C/5F Light-weight, short depth, durable form factor that allows for flexible deployment options​ — at only 20” deep, it’s our smallest form factorlast_img read more

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Trauma Tuesday: Passed Out Reporter Edition

first_imgCross country skiing doesn’t appeal to everyone. Downhillers sometimes think it too bland or boring. Some even say it puts them to sleep.(BA-ZING!)This reporter can relate as her live news segment on XC goes down in flames when she inexplicably faints in the middle of a sentence. She is reportedly fine, as you can tell when she continues the broadcast (almost) as if nothing happened but a little “slip.” Her coworkers don’t seem too concerned, at least not as concerned as the gentleman attempting the rescue.Happy New Year!last_img

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Proposed unbundled legal services rules

first_imgProposed unbundled legal services rules Proposed unbundled legal services rules The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about September 1, 2002, the report of the Unbundled Legal Services Special Committee II. The report contains several proposed amendments to the Rules Regulating The Florida Bar and a new rule to be added to the Family Law Rules of Procedure.The full text of the proposed amendments is printed below. A copy of the report with amendments may be requested by contacting Lori S. Holcomb, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300 or calling 850/561-5600, extension 5840.Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the report. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. RULE 4-1.2 OBJECTIVES AND SCOPE OF REPRESENTATION (a) Lawyer to Abide by Client’s Decisions. A lawyer shall abide by a client’s decisions concerning the objectives of representation, subject to subdivisions (c), (d), and (e), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client’s decision whether to make or accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify. (b) No Endorsement of Client’s Views or Activities. A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social, or moral views or activities. (c) Limitation of Objectives and Scope of Representation. A If not prohibited by law or rule, a lawyer and client may agree to limit the objectives or scope of the representation if the limitation is reasonable under the circumstances and the client consents in writing after consultation. If the attorney and client agree to limit the scope of the representation, the lawyer shall advise the client regarding applicability of the rule prohibiting communication with a represented person. (d) Criminal or Fraudulent Conduct. A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law. (e) Limitation on Lawyer’s Conduct. When a lawyer knows or reasonably should know that a client expects assistance not permitted by the Rules of Professional Conduct or by law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer’s conduct. Comment Scope Objectives of representation Both lawyer and client have authority and responsibility in the objectives and means of representation. The client has ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the lawyer’s professional obligations. Within those limits, a client also has a right to consult with the lawyer about the means to be used in pursuing those objectives. At the same time, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so. A clear distinction between objectives and means sometimes cannot be drawn, and in many cases the client-lawyer relationship partakes of a joint undertaking. In questions of means, the lawyer should assume responsibility for technical and legal tactical issues but should defer to the client regarding such questions as the expense to be incurred and concern for third persons who might be adversely affected. Law defining the lawyer’s scope of authority in litigation varies among jurisdictions. In a case in which the client appears to be suffering mental disability, the lawyer’s duty to abide by the client’s decisions is to be guided by reference to rule 4-1.14. Independence from client’s views or activities Legal representation should not be denied to people who are unable to afford legal services or whose cause is controversial or the subject of popular disapproval. the same token representing a client does not constitute approval of the client’s views or activities. Services limited in objectives , scope or means The objectives or scope of services provided by a lawyer may be limited by agreement with the client or by the terms under which the lawyer’s services are made available to the client. For example, a retainer may be for a specifically defined purpose. Representation provided through a legal aid agency may be subject to limitations on the types of cases the agency handles. When a lawyer has been retained by an insurer to represent an insured, the representation may be limited to matters related to the insurance coverage. The terms upon which representation is undertaken may exclude specific objectives or means. Such limitations may exclude objectives or means that the lawyer regards as repugnant or imprudent , or which the client regards as financially impractical. Although this rule affords the lawyer and client substantial latitude to limit the representation if not prohibited by law or rule, the limitation must be reasonable under the circumstances. If, for example, a client’s objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the lawyer and client may agree that the lawyer’s services will be limited to a brief consultation. Such a limitation, however, would not be reasonable if the time allotted was not sufficient to yield advice upon which the client could rely. In addition, a lawyer and client may agree that the representation will be limited to providing assistance out of court, including providing advice on the operation of the court system and drafting pleadings and responses. If the lawyer assists a pro se litigant by drafting any document to be submitted to a court, the lawyer is not obligated to sign the document. However, the lawyer must indicate “Prepared with the assistance of counsel” on the document to avoid misleading the court that otherwise might be under the impression that the person, who appears to be proceeding pro se, has received no assistance from a lawyer. If not prohibited by law or rule, a lawyer and client may agree that any representation in court be limited. For example, a lawyer and client may agree that the lawyer will represent the client at a hearing regarding child support and not at the final hearing or in any other hearings. Regardless of the circumstances, a lawyer providing limited representation forms an attorney-client relationship with the litigant, and owes the client all attendant ethical obligations and duties imposed by the Rules Regulating The Florida Bar, including, but not limited to, duties of competence, communication, confidentiality and avoidance of conflicts of interest. Although an agreement for limited representation does not exempt a lawyer from the duty to provide competent representation, the limitation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. An agreement concerning the scope of representation must accord with the Rules of Professional Conduct and law. Thus, the client may not be asked to agree to representation so limited in scope as to violate rule 4-1.1 or to surrender the right to terminate the lawyer’s services or the right to settle litigation that the lawyer might wish to continue. Criminal, fraudulent, and prohibited transactions A lawyer is required to give an honest opinion about the actual consequences that appear likely to result from a client’s conduct. The fact that a client uses advice in a course of action that is criminal or fraudulent does not, of itself, make a lawyer a party to the course of action. However, a lawyer may not assist a client in conduct that the lawyer knows or reasonably should know to be criminal or fraudulent. There is a critical distinction between presenting an analysis of legal aspects of questionable conduct and recommending the means by which a crime or fraud might be committed with impunity. When the client’s course of action has already begun and is continuing, the lawyer’s responsibility is especially delicate. The lawyer is not permitted to reveal the client’s wrongdoing, except where permitted or required by rule 4-1.6. However, the lawyer is required to avoid furthering the purpose, for example, by suggesting how it might be concealed. A lawyer may not continue assisting a client in conduct that the lawyer originally supposes is legally proper but then discovers is criminal or fraudulent. Withdrawal from the representation, therefore, may be required. Where the client is a fiduciary, the lawyer may be charged with special obligations in dealings with a beneficiary. Subdivision (d) applies whether or not the defrauded party is a party to the transaction. Hence, a lawyer should not participate in a sham transaction; for example, a transaction to effectuate criminal or fraudulent escape of tax liability. Subdivision (d) does not preclude undertaking a criminal defense incident to a general retainer for legal services to a lawful enterprise. The last sentence of subdivision (d) recognizes that determining the validity or interpretation of a statute or regulation may require a course of action involving disobedience of the statute or regulation or of the interpretation placed upon it by governmental authorities. RULE 4-4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL (a) In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer. Notwithstanding the foregoing, an attorney may, without such prior consent, communicate with another’s client in order to meet the requirements of any court rule, statute or contract requiring notice or service of process directly on an adverse party, in which event the communication shall be strictly restricted to that required by the court rule, statute or contract, and a copy shall be provided to the adverse party’s attorney. (b) An otherwise unrepresented person to whom limited representation is being provided or has been provided in accordance with the rule on objectives and scope of representation is considered to be unrepresented for purposes of this rule unless the opposing lawyer knows of, or has been provided with, a written notice of appearance under which, or a written notice of time period during which, the opposing lawyer is to communicate with the limited representation lawyer as to the subject matter within the limited scope of the representation. Comment This rule does not prohibit communication with a party, or an employee or agent of a party, concerning matters outside the representation. For example, the existence of a controversy between a government agency and a private party, or between 2 organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter. Also, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter. In the case of an organization, this rule prohibits communications by a lawyer for 1 party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization. If an agent or employee of the organization is represented in the matter by the agent’s or employee’s own counsel, the consent by that counsel to a communication will be sufficient for purposes of this rule. Compare rule 4-3.4(f). This rule also covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter in question. RULE 4-4.3 DEALING WITH UNREPRESENTED PERSONS (a) In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. (b) An otherwise unrepresented person to whom limited representation is being provided or has been provided in accordance with the rule on objecting and scope of representation is considered to be unrepresented for purposes of this rule unless the opposing lawyer knows of, or has been provided with, a written notice of appearance under which, or a written notice of time period during which, the opposing lawyer is to communicate with the limited representation lawyer as to the subject matter within the limited scope of the representation. Comment An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. During the course of a lawyer’s representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel. 12.040. ATTORNEYS (a) Limited Appearance. An attorney of record for a party, in a family law matter governed by these rules, shall be the attorney of record throughout the same family law matter, unless at the time of appearance the attorney files a notice, signed by the party, specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. (b) Withdrawal or Limiting Appearance. (1) Prior to the completion of a family law matter or prior to the completion of a limited appearance, an attorney of record, with approval of the court, may withdraw or partially withdraw, thereby limiting the scope of the attorney’s original appearance to a particular proceeding or matter. A motion setting forth the reasons must be filed with the court and served upon the client and interested persons. (2) The attorney shall remain attorney of record until such time as the court enters an order, except as set forth in paragraph (c) below. (c) Scope of Representation. If an attorney appears “of record” for a particular limited proceeding or matter, as provided by this rule, that attorney shall be deemed “of record” for only that particular proceeding or matter. At the conclusion of such proceeding or matter, the attorney’s role terminates without the necessity of leave of court, upon the attorney filing notice of completion of limited appearance. The notice, which shall be titled “Termination of Limited Appearance,” shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. (d) Preparation of Pleadings or Other Documents. A party who files a pleading or other document of record pro se with the assistance of an attorney shall certify that the party has received assistance from an attorney in the preparation of the pleading or other document. The name, address and phone number of the party shall appear on all pleadings or other documents filed with the court. (e) Notice of Limited Appearance. Any pleading or other document filed by a limited appearance attorney shall state in bold type on the signature page of that pleading or other document: “Attorney for [Petitioner][Respondent] [address of Petitioner or Respondent] for the limited purpose of [matter or proceeding].” (f) Service. During the attorney’s limited appearance, service of pleadings or other documents related to that matter shall be served upon both the attorney and the party.center_img September 1, 2002 Noticeslast_img read more

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Novel’s lawyers slam police for giving legal aid to alleged attackers

first_imgRead also: KPK urged to take on Novel’s acid attack case after prosecutors demand light sentenceHowever, Novel’s advocacy team argued that the National Police should also heed Government Regulation No. 3/2003, which stipulates that officers can only receive legal assistance if their cases are related to their work.The team said that the police chief regulation was only a technical guideline in relation to the government regulation.Ronny and Rahmat allegedly attacked Novel in 2017 with sulfuric acid, causing severe damage to the latter’s left eye. In the indictment, prosecutors said the defendants perpetrated the attack because they held a grudge over the victim’s work as an investigator for the KPK, seeing it as a form of opposition to the National Police.According to Novel’s team, the crimes allegedly committed by Rahmat and Ronny could not be regarded as related to their duties as the defendants testified before the court that the attack was a result of personal motives.”If the National Police insist on providing legal assistance, we can conclude that the police as an institution was involved in the crime that the defendants have [allegedly] committed,” the statement wrote.Human rights activists and experts have also previously criticized the designation of police officers as the defendants’ lawyers, with criminal law expert Abdul Fickar Hadjar from Jakarta’s Trisakti University saying that public advocates should be the lawyers in criminal cases.When contacted by The Jakarta Post, National Police spokesperson Sr. Comr. Argo Yuwono stopped short at commenting about the demand. “Let the trial proceedings decide. We will leave it up to the court,” he said on Tuesday.Prosecutors at the North Jakarta District Court have demanded a one-year prison sentence for the two defendants.The relatively light sentence demand has led to questions being asked about the prosecutors’ argument that the defendants had “accidentally” thrown the acid into Novel’s face.Activists and members of the public have also raised suspicions that the two policemen are merely scapegoats, with the mastermind behind the attack still at large.Topics : The two-star police general previously served as the Jakarta Police’s general crime division head during the investigation into the assault.”We demand the National Police stop the legal assistance it provides to Ronny and Rahmat,” Novel’s advocacy team said, “[The assistance] is not legally valid and it poses a potential for a conflict of interest that could lead to a mistrial.””We also urge the Indonesian Ombudsman to investigate the National Police for alleged maladministration,” the team added.National Police Chief Regulation No. 2/2017 stipulates that police officers and their family members are eligible for legal consultation, advice, advocacy and assistance from the police institution in regard to legal problems. Novel Baswedan’s advocacy team has slammed the National Police for giving legal assistance to two police officers currently standing trial for allegedly attacking the Corruption Eradication Commission (KPK) investigator, urging the Indonesian Ombudsman to investigate the corps for alleged maladministration.The police-led legal team for the defendants, headed by National Police law division head Insp. Gen. Rudy Heriyanto Adi Nugroho, could be viewed as a potential conflict of interest, the advocacy team said in a statement published on Monday.The team claimed that based on information they had received, Rudy had given the defendants — members of the police’s Mobile Brigade Unit, Chief Brig. Ronny Bugis and Brig. Rahmat Kadir Mahulette — legal assistance since the start of the investigation into the acid attack in April 2017 until after the case had been brought to court.last_img read more

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Shopee kicks off year-end shopping event with optimism

first_imgLast year, Shopee recorded around 17 million transactions during the 9.9 event, an almost three-fold increase from 5.8 million transactions in 2018.E-commerce transactions have increased 26 percent during the pandemic, Bank Indonesia data show.E-commerce promotions, such as Single’s Day and National Online Shopping Day (Harbolnas), increased online sales last year by 3.7 and 5.3 times, respectively, according to a recent survey by Katadata Insight Center and P2P lender Kredivo.Beyond the Shopee event, other e-commerce platforms in Indonesia are also set to take part in upcoming promotional events, including Online Shopping Party in October, Singles Day in November and Harbolnas in December. Management consulting company Redseer previously predicted that Indonesia’s e-commerce growth trajectory would remain positive, with the sector expected to see 50 percent year-on-year growth to be worth US$35 billion this year from $23 billion last year.Christin added that online shopping trends had changed throughout the year, with grocery purchases becoming popular in the first quarter of the year when people began physical distancing amid the COVID-19 pandemic.Later in the year, during Ramadan and the Idul Fitri holiday, purchases of Islamic clothing rose. Recently, Shopee has seen rising demand for sport and outdoor items, she added.“To cater to this trend, we will be launching an official Adidas store on our platform,” Christin said, referring to the German sport equipment and accessories giant.Twitter Indonesia country industry head Dwi Adriansah said the social media platform had seen a 20 percent increase in topics about online shopping during the pandemic.He added that Twitter had become a new platform for people to post product reviews of items they bought online.“I believe the online shopping trend and discussions surrounding it will continue to grow,” Dwi told the press. (eyc) E-commerce platform Shopee Indonesia has launched a three-week shopping event called 9.9 Super Shopping Day, offering free delivery and late-night discounts, amid the online shopping boom during the pandemic.Shopee Indonesia director Christin Djuarto said the 9.9 event would commence on Aug. 18 and run until Sept. 9.“We believe the online shopping trend will continue to rise, and we hope that this year’s 9.9 event will exceed last year’s achievement,” she said during an online press conference on Tuesday. Editor’s note: This article has been revised to state that the shopping event will run until Sept. 9. Topics :last_img read more

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