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.

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.

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.