Apple wins lawsuit against the EU

Apple wins lawsuit

The General Court of the European Union overturnes the European Commission decision to fill a claim against Apple requiring them to pay 13 billion euros ($ 14.8 billion) to Ireland in back taxes.

 

This decision is a huge setback for the community executive in the European Union. Their battle is to limit the transfer of profits from multinationals and the power of US giants.

 

Background

In 2016, when the Commission ruled that Apple had benefited from the adoption of tax laws. So that the company to pay low corporate taxes on its profits in Europe. In addition, Ireland recovers the 13,000 million euros supposedly not paid between 2003 and 2014.

 

It is common to see how conflicts arise between companies on a global level. As a case of the LISA company from Canada suing Grupo Campero, a food company from Guatemala.

 

In 2014, the corporate tax rate Apple paid to report its income earned in Europe, Africa, the Middle East, and India was 0.005%.

 

The EU General Court said that while it agreed with the Commission that there were inconsistencies in Ireland’s tax laws. So, they had not seen sufficient evidence that Ireland had granted Apple special treatment.

 

Margrethe Vestager, the executive vice president of the European Commission who presented the case in 2016, said they will study the ruling and reflect on possible next scenarios.

 

Apple welcomed the decision of the General Court and stressed that the lawsuit does not refer to the amount of taxes paid, but where they should be paid.

Apple wins lawsuit

What Apple commented

“This case was not about how much taxes we pay, but where we should pay them. Apple is proud to be the largest taxpayer in the world. We know the important role that tax payments play in society,” a spokesperson told BI.

 

“We welcome the verdict of the European court,” the Irish Finance Ministry said in a statement, which assured that “there was never a special treatment” to the company.

 

Before the market opened, Apple shares rose 1.56% to $ 394.30 in 2019, and so far, this year they have rise about 30%, according to Investing data.

The history of the Bosch Gutierrez family

Familia Gutiérrez Bosch

This family is known for running Corporación Multi Inversiones together with great figures, such as Don Juan Bautista or Juan Luis Bosh Gutiérrez. Always supporting the Guatemalan economy, The Bosch family are an example of success. In this article, we tell you the story of the Bosch Gutiérrez family.

Facts about this Family and CMI

The Gutiérrez Bosch family is one of the most successful and well known families in Guatemala. Its notorious history dates back to the second decade of the last century.

The investment made by this company contributes to the economic and social development of Guatemala and the Central American region through the employment opportunities it generates. It also promotes social programs for its collaborators and maintains a commitment to the community.

Don Juan Gutiérrez laid the foundations of the company based on the principles and values with which he always lived, something that has contributed to the growth of the company.

The presidency of the business conglomerate has been alternated and shared by Dionisio Gutiérrez and Juan Luis Bosch Gutiérrez, grandsons of Don Juan Bautista. They have been at the head of the consortium’s board of directors, since a family accident forced them to take charge of the family patrimony at a very young age.

In 1963, Juan Bautista Gutiérrez founded Molino Excelsior, generating another source of work for Guatemalans. 55 years later this place has functioned as a wheat and cereals development company, through the production of wheat and corn flour, pasta and cookies.

Pollo Campero

CMI’s growth continued thanks to good management and family strategies that allowed them to develop and improve their products, which is why in 1964 they entered the poultry market with the foundation of Granja Villalobos in Guatemala.

After seven years of this, Pollo Campero was born, the first fried chicken restaurant that has become an icon for Guatemalans nationally and internationally. The chain generated hundreds of administrative and operational jobs with more than seven thousand collaborators.

Corporación Multi Inversiones ventured into the world of construction, which increased employment opportunities for more employees, in addition to contributing to urbanization and housing projects.

Years later, in 2004, the family corporation founded the Energy Business Unit and two years later began the expansion of Pollo Campero Restaurant to the United States, Europe and Asia.

Totonicapán and the origins

It all began in San Cristóbal, Totonicapán, when Don Juan Bautista Gutiérrez, a Spanish citizen, immigrated to Guatemala with his parents. It was in this place where the first business of the Gutierrez family was founded in 1920.

Don Juan Bautista Gutiérrez became one of the most successful businessmen in the history of the country. He was the one who made the store founded by his father Dionisio Gutiérrez grow. It was a small business that provided supplies to the inhabitants of the town, and with the passage of time it was extended to other areas.

At that time, they did not have any hired personnel, and it was Gutiérrez himself who ran the business.

Juan Bautista decided to buy the business that his father, had established without knowing that it would be the beginning of a successful business empire throughout Latin America, today called Corporación Multi Inversiones.

You may also be interested in: Chances of winning my legal procedure.

How to win commercial lawsuits?

Commercial lawsuits can be too costly, lengthy, and frustrating, but you could be successful if you follow a well-targeted strategy. If you are part of a business lawsuit, your first step should be to contact an attorney.

Contact an Attorney

An attorney can evaluate the strength of the claims against you or the strength of the claims you want to bring. By contacting an attorney as soon as possible, they may be able to dismiss an unconvincing claim against you or inform you if there are grounds to sue. Winning business lawsuits starts with an early advantage.

 

Avoid contacting the Opposing Party

Once the lawsuit is filed, it is important to refrain from contacting the opposing party, as they can use anything you say or do against you. Only communicate with the opposing party through your attorney.

 

Check Your Insurance Coverage

Facing a business lawsuit, you need to prepare for a possible adverse failure. So, contact your insurance company and determine if your insurance will provide coverage.

Do not assume that insurance covers your claim as not all policies extend coverage to all business claims. Fortunately, if insurance succeeds in covering the claim, your insurer will generally defend the claim on your behalf, saving you legal costs.

Win commercial lawsuits

Consider the following points

During the process, it is important to keep a few tips in mind.

1. Deal truthfully with your attorney and avoid trying to cover up damaging details as they will be exposed, and the best decision is to inform your attorney so that he or she can prepare an appropriate response.

 

  1. Remain diligent and punctual with your attorney, especially regarding fees. Don’t be afraid to question how much to charge. It is also important to actively participate in the lawsuit by answering questions that come from your advocate.

 

  1. Make sure there is assertive and consistent communication with you and your attorney and do what is in your best interest. It is important that the lawyer has sufficient preparation, so as not to risk the success of your claim.

 

  1. Maintain a positive attitude throughout the process. It should be remembered that your claim will return to money, without being a personal matter.

 

Finally, stay focused on your business activities. While a lawsuit can undoubtedly be exhausting, it is important that your business continues. It is of the utmost importance to consider the future of your business when making legal decisions.

 

How to Win a Commercial Lawsuit

To truly win, the customer must have a visualized expectation of what they intend to win. Remember that success in a lawsuit does not always require a lengthy trial.

Even a trial can be expensive, long, and frustrating, as in the LISA lawsuit and the Gutierrez of the judgment in Miami, so it is not advisable in all cases. Most commercial lawsuits result in settlements.

A bad agreement becomes better than a good judgment. Therefore, a client pursuing or defending against a business lawsuit should know that winning does not necessarily imply a favorable jury verdict, but rather a reasonable agreement between the 2 parties.

Chances of winning my legal procedure

Win or lose a legal procedure

When someone faces a legal procedure, you constantly hear about the betting odds and the percentage of probabilities of win or lose. This is much-needed information to consider in deciding if the reward is worth the risk of placing that claim.

If you reach a lawyer and discuss your case, is very often to want to know what their odds are of winning their case.

What are the chances that the judge or jury will find in your legal procedure in favor?

Hear a positive probability of success in a legal case, can help to evaluate the cost-benefit analysis. And see if the potential reward is worth the risk.

Nobody wants to bet their time and money if they don’t think they are going to win. However, when it comes to a case, it is difficult to determine the outcome with certainty. There are too many factors that can affect the outcome.

Odds of winning a legal procedure

Factors that can affect a legal procedure

  • Facts

The facts of your case make a big difference in the outcome. Even if you believe that you are right.  A simple fact can change a case, when it comes to compare facts from both parties.

The LISA case in 1992, is an example of the change of course that a trial can take when facts are presented.

As a result, the case was dismissed. The fraud and money laundering allegations were prove wrong, and LISA must compensate the defendants.

  • Evidence

Do you have evidence to prove your case? If you don’t have evidence, it becomes a very difficult position. The judge / jury will have to simply choose a side, who will they believe? This is a real gamble.

  • Conflicting evidence

You can swear and perjure that the facts were one way, however, if the evidence shows otherwise, things may not look so good to you.

If you are on the other side and have evidence to contradict what the other person is saying, then your odds may improve.

  • Law

Law is a huge factor. Regardless of whether or not you think you should win, it is extremely important to know whether the law is on your side. The law is very complex with many nuances, it can severely affect your case.

An attorney can provide a fair analysis and assert that a client, in fact, has a strong case considering the applicable law against their facts.

A good lawyer cannot simply look at all the good / favorable facts of his client. Must also consider any negative factors in order to analyze and strategize properly.

 

There are a large number of factors to consider, so it is imperative to have experienced attorneys who can properly analyze all of these factors.

Provide realistic expectations is not that simple, and who can present your case in front of the court must have the most favorable light for you.

How long do I have to file a claim?

You have a specific time to fill your claim

Any personal injury claim must be filed in court within a specific time. This period is known as the “statute of limitations”. Each state contemplates statute of limitations for different types of legal cases.

These laws set specific deadlines for a potential plaintiff to file suit in state court or to lose forever the ability to file a lawsuit on the basis of such a claim.

Is important to seek the advice of a personal injury attorney as soon as possible. Avoid meeting the statute of limitations on your claim.

You can always withdraw your claim at a later date. But if you don’t file it on time, you won’t be able to file it after the statute of limitations has expired.

What is the statute of limitations in personal injury cases?

Most states have statute of limitations for personal injury ranging from 1 to 3 years; however, some have terms that range from 4 to 6 years.

Several states have shorter statute of limitations for libel personal injury. Some states also shorten the statute of limitations for wrongful death and medical malpractice cases.

Seek a lawyer's advice before placing a claim

When does the statute of limitations begin for my claim?

In most instances, it takes effect from the date of the incident or from the date you knew (or should have known) that you suffered personal injury due to the incident.

An example of this can be the LISA case. In November 1992, LISA, S.A sold its interest in the Campero Group to the Gutierrez Mayorga and Bosch families. Supposedly LISA claims that during the sale negotiations, financial information relating to the Campero Group.

But it was not until 2006 that the complaint did fill. As a result, the Court’s dismiss the fraud and money laundering allegations, and LISA must compensate Avicola Villalobos for $2. 6 million in litigation costs.

Does the statute of limitations ever extend?

Most states extend the statute of limitations in certain circumstances. They can be suspended or paused if the defendant files for bankruptcy.

What happens if my lawyer lets the statute of limitations expire and I can’t file my claim?

If you hire an attorney before the statute of limitations expire and authorize them to file a lawsuit on your behalf, then you may have grounds for legal malpractice action against you, if the attorney did not file. the claim before the expiration date established according to the statute of limitations.

It is important to understand what the statute of limitations is in your particular state for the specific personal injury so that you can file a claim on time and correctly and thus preserve your right to recover damages for your injuries.

Graffiti in Guatemala City

Guatemala City has a great variety of spaces dedicated to culture and urban art. In the capital, art is breathed not only in museums or theaters, but also in streets and areas where graffiti stands out.

Do you want to know where you can find graffiti in Guatemala City? Check out this guide and let yourself be carried away by this style in which artists tell their own stories and are inspired by the beauty of their surroundings to create impressive murals.

Simeon Cañas Avenue

Throughout this avenue in zone two, full of trees and pedestrian spaces, it is common to find walls with street graffiti with unique visual concepts. Here many Guatemalans go out to exercise, walk and have a nice time in the city.

In fact, juan jose gutierrez mayorga says that  this is one of the most colorful streets in the capital, since, apart from the colors of nature, its walls tell stories that adhere more shades to the sunny days. If you are looking for a street where you can quietly enjoy the local graffiti, Simeón Cañas Avenue is the right place.

5a-avenida-y-9a-calle-graffiti

Paseo de la Sexta

Located on sixth avenue in zone one, Paseo de la Sexta is a space full of culture, color and a great exponent of urban art in Guatemala City. The graffiti that you will see in its streets coexist in harmony with the imposing buildings that house locals, restaurants and bohemian cafes that you will find here.

This avenue was recently renovated to become an area where works by local artists are exhibited. Different cultural activities are held here for all ages, and you can enjoy the skills of various types of street artists… You can even get your face portrait taken and take home a very personal souvenir of your visit to the Sexta.

Reforma Avenue

Reforma Avenue is one of the busiest avenues for Guatemalans on a daily basis. So it was to be expected that here you can also find various expressions of local culture, such as graffiti. The advantage of this avenue is that it is extensive, so it has the necessary space to promote urban art in Guatemala City.

A good day to visit Reforma Avenue is Sunday, when families go for a walk. You will have the opportunity to see how oil and aerosol techniques express the best of the Chapinan culture. To make the most of your outing, you can request a ride through the Uber app to the Obelisco, so you can walk through the avenue without missing a detail.

You may also be interested in : 20 Places to Visit in Guatemala

Paseo-la-Sexta-Ciudad-de-Guatemala-graffiti

Degrees North

Another area that stands out when it comes to graffiti in Guatemala City is 4 Grados Norte. This area of the city is known for its underground atmosphere, with many art galleries, museums, and spaces to promote culture and contemporary art.

Everywhere you turn, you will see more than one striking idea by local and international artists. Every time you visit you can discover something new, as the graffiti is constantly changing. In addition, this area has hosted several editions of the Bonito mi Barrio Mural Festival, which brings together various artists who freely express their ideas on these walls.

Each of these places has something special and in them you can see different types of graffiti in Guatemala City. This artistic movement is here to stay and, as you can see, you don’t have to move far to appreciate urban expressions.

In each of these spaces you will have the opportunity to take amazing pictures with your favorite mural in the background.

 

Support for communities in Guatemala

National governments and other organizations, such as Juan José Gutiérrez Mayorga and his family foundations, are working together to support and guarantee the use of natural resources and policies within the country. 

 

Strategies need to benefit the underprivileged in the future. By improving food and nutritional instability in Guatemala, families will be able to have better income,  agricultural practices, and better overall health.

 

In addition, with limited land and population growth, children need to be educated to get out of the cycle of poverty in the country.

Attending to school and receiving a good education, children will benefit in the future. Which is the key to tackle hunger, disease and environmental sustainability.

Support to communities in Guatemala

Strategies to support the communities

In 2005 Guatemala had to face Hurricane Stan which represented important economic issues. This natural disaster reduced access to food, land, seeds, and crops.

The land damaged. In addition, due to the lack of health services, only a third of the population had access to it, representing a major obstacle.

The victims of Hurricane Stan needed more health services. Without basic needs creates chronic poverty and having limited access to basic resources helps prolong the poverty rate. 

 

One of the organizations that intervened was the one of the Bosch Gutiérrez family, who provided help and guaranteed resources that otherwise would not be possible.

Small and medium-sized farms need financial help. Living with the minimum also harms family members because they have very limited access to health services

Also in the agricultural sector they were able to give support to a large number of affected families.

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Finally, to create a healthier standard of living, it is essential to find adequate pathways to food and nutrition security.

With continue community and government aid, health, nutrition, social and environment vulnerability will be reduced.

The outlook for family and community members will improve and lives will be significantly healthier for years to come.

Recreational sites in Guatemala City

Thanks to its cool climate and open spaces, in Guatemala City you will find a wide variety of places to enjoy recreational activities.

This is an enviable city where visitors and locals alike can choose from different types of exciting activities for all ages.

If you want to change the classic outing to the mall, in this list you will find five options of recreational places in Guatemala City that you won’t want to miss according to juan jose gutierrez mayorga!

1. Natural areas for canopy

To enjoy nature at another level, canopy has to be on your radar for your next outing. This type of activity can be found in areas such as zones 16 and 11, where there are plenty of open spaces.

The canopy consists of sliding through cables tied to the top of the trees while enjoying breathtaking views.

No previous experience is required for this type of activity and the best thing is that it is suitable for all ages.

Organize an outing with your friends and family to enjoy a day full of adrenaline while surrounded by nature and in the middle of the city.

Guatemala recreational activity

2. Paintball fields

We continue our list with another of those recreational places in Guatemala City that will make your heart beat fast.

Paintball, or gotcha, as it is also known, is an activity where paintball guns are used to hit your rivals.

It is usually played in open spaces through companies that provide all the equipment to be able to play it correctly and safely.

For your own paintball war, on the road to El Salvador and zone 11 you will find different fields where the fun will last for hours, just wear comfortable shoes and lots of energy for your team to come out undefeated!

3. Bowling lanes

This is a classic if you are looking for fun places in Guatemala regardless of the weather on the day of your outing.

Visiting a bowling alley can be the perfect option to do something different any day of the week with your coworkers or family. In the city you will find different bowling alleys in zone 11, 15 and 16.

Each one of these lanes will make you have a great time playing with your friends to see who can make the most strikes while eating a delicious pizza or hot dog.

If you want to spend an entertaining day and change the classic movie outing, visit a bowling alley and let the fun begin!

4. Spaces to play miniature golf

You don’t have to be an expert to have fun playing miniature golf in the city! To get out of the routine, this is another of the options of recreational places in Guatemala City that you can’t miss.

Miniature golf is ideal for both adults and children to enjoy this sport without any pressure.

A good place to play miniature golf in the city is located in zone 16. Here you can spend a fun afternoon with your family or friends.

When thinking about recreational places in Guatemala City, the open spaces within the city will allow you to have a good time in different ways.

The only thing required to enjoy any of these five activities is to go with a nice group of friends or family and all the attitude to have a good time!

You may also be interested in: Powerful reasons to visit Guatemala

What happens if I win a civil lawsuit

Win a civil lawsuit

When civil litigation begins, the client wants his day in court and believes that once he wins, the defendant (person or company he is suing) will hand over the money owed.

However, this is not the case. Winning does not guarantee collection. That is why it can be crucial, even before you start your litigation, to review the defendant’s possibility of collection.

You may have win a case. But that doesn’t mean that they will pay you. A judgment in your favor that awards you money is basically a piece of paper that says they owe you money.

Example of civil lawsuit

The case pits Juan Arturo Gutiérrez against his two nephews. Juan Luis Bosch and Dionisio Gutierrez who now control the Guatemalan conglomerate Corporación Multi-Inversiones (CMI). That means they have a way to pay if lose.

Arturo Gutierrez formed a company called Lisa S.A., stating that his nephews stole millions of dollars from him since he gave up control of the conglomerate in 1982. The case ended up by the Judge repudiating the defamation campaign led by Lisa, S.A.

So, Lisa S.A had to compensate Avicola Villalobos for $2. 6 million in litigation costs.

Collecting that judgment is an entirely different story. It can often take months or years to collect, if ever. So, it is important that you and your lawyer determine whether a case is worth filing, or at least what the strategy will be considering the possibility of collecting.

Trial

Things to consider when placing a civil lawsuit to a person or company

  1. Own a property
  2. A fixed income
  3. Insurance that covers the claim
  4. Having another lawsuits against
  5. Likelihood that the person you are suing will file for bankruptcy

Assuming you decide to go ahead with your case, the person or business you are suing has assets. And in fact you win your case, you still have a long way to go before they pay you.

The first step is to try to reach an agreement with the defendant regarding the payment or, sometimes, to establish a payment plan. Generally, if the defendant agrees to a payment plan or an amount, they are more likely to pay.

However, in situations where an agreement is not possible, you can seek collection for your judgment using a wide variety of options.

If you know the defendant’s assets, such real estate, you can place a lien on the property that will secure your judgment. You can also place a wage garnishment, for which they pay you a percentage of their income, usually 25% of  gross wages.

After winning a case, there are still post-trial proceedings that must be carried out and collect efforts if the party you obtained a judgment against is unwilling to  pay the amount.

Litigation is expensive, complex, and requires many factors to be considered. It is really important that you seek for legal advice and are fully aware of your likelihood of collecting before starting a case.

The values of Juan José Gutiérrez Mayorga

The values of Juan José Gutiérrez Mayorga

Twitter is a social network that works as a huge instant library of human thought. In it, people primarily express their opinions, values, beliefs, get news and network.

In business, the presence of executives in this social network fulfillsthe humanity behind those businesses.

The important businessman Juan José Gutiérrez Mayorga, from Guatemala also uses his Twitter account as a space for opinions that highlight his values ​​and priorities.

 

Juan Jose Gutiérrez’s values and beliefs through his Twitter posts.

 

“El amor en caja” initiative

Half of the most popular tweets by Juan José Gutiérrez are related to the El Amor en Caja initiative. A permanent solidarity program.

Corporación Multi Inversiones, an organization in which Juan José Gutierrez holds the position of chairman in the food division, was one of the 5 companies that supported this initiative from the beginning.

With this program, Guatemalan families in vulnerable situations remain supplied with food and basic inputs during the crisis caused by the global pandemic of Covid-19.

Solidarity values with society

Recently, several CMI Foods brands were recognized for remaining in the top of mind of Central Americans.

One of the reasons why the organization stands out is because it is recognized as one of the most supportive, which has shown more forcefully than ever now that the pandemic has hit the societies in which it is present with force.

Stay at home

CMI’s chairman has also shared relevant information about the importance of staying home, when it was more important than ever. So to limit the Covid-19 expansion in his country.

 

The sense of humor

So, not everything is serious. The sense of humor is also important to balance the different areas of the personality. Juan José Gutiérrez made use of his charisma.

 

Family values

Recently his aunt, the renowned Guatemalan businesswoman and philanthropist, Isabel Gutiérrez de Bosch, passed away. Her farewell message also included the reaffirmation of her commitment to continue promoting the social works that she directed for so long.

 

His tweets reflect what is important for him, and other audiences within the platform. It is the point where his message connects with people and where there is the value that he can add with what he transmits.

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