Members of LSW & Co.'s Corporate and Commercial Division are well experienced to provide local and international clients in every business sector of Jamaica with sound and practical legal advice, guidance and assistance to achieve their desired goal in the establishment and operations of their business.
We advise on appropriate vehicles that may be used to establish businesses in all types of industries and sectors in Jamaica, including partnerships, incorporation and sole proprietor. We are experienced in drafting partnership agreements and shareholders agreements, incorporating all types of companies and registering businesses. Further, we advise on and provide representation in areas such as joint ventures, mergers and acquisition, take-overs and corporate restructuring, liquidation/insolvency. Additionally, our attorneys provide corporate services, including secretarial services, required for effective operation and compliance with governing laws and regulations. Our attorneys also have particular expertise advising corporations and their members on director’s duties and liabilities, shareholders’ rights and creditors’ right upon corporate insolvency.
Our commercial expertise lies in drafting, reviewing and advising local and foreign individuals, corporations and institutions on varied types of commercial agreements within the financial sector (namely banking and financial companies), manufacturing and distribution sector, hotel and hospitality industry, entertainment sector and telecommunications industry. Our Litigation and Alternative Dispute Resolution Department works closely with our Corporate and Commercial Division to ensure our clients receive outstanding representation for all their commercial dispute matters.
We at LSW & Co. have a well rounded team of attorneys capable and ready to provide individuals, corporations and financial entities with sound advice on financial transactions that can often seem complex. We advise on varied financial instruments, i.e. any instrument that can be transferred for value, such as letters of guarantee, promissory notes, bonds, derivatives, and other securities. Our services further extend to advising lenders and borrowers on issues arising out of secured and unsecured loans and mortgages and foreclosure.
Our attorneys make it their prerogative to be well informed on the changes in Jamaica’s financial regulatory laws, including all the guidelines and rulings issued by regulatory bodies such as the Bank of Jamaica, the Financial Services Commission and the Minister of Finance. We are therefore well capable of effectively guiding and assisting our clients in maintaining compliance and to advise and represent their interest in proceedings where they are not.
At LSW & Co. we recognize that intellectual property rights are often overlooked in the region; however, legal rights arise and are associated with any creative effort, commercial reputation or goodwill. Protection of these rights deters others from copying or taking unfair advantage of the author’s original work including, but not limited, the author’s reputation.
Our Intellectual Property Division therefore provide advice on copyright, trademarks, trade secrets (law of confidence), and patents. Our team’s services include acting as trade mark agents, and assisting clients in applying to copyright their original works or performances. Further, we provide advocatory services for our clients where there intellectual property rights are being violated and represent them in disputes before the court with respect to same.
In Jamaica where the music industry and performing arts defines who we are as a nation, often time’s rights of musicians, artists, and entertainers on a whole are infringed. The tide has changed and those who spend hours writing and producing their original works are embracing the need to protect the rights associated with them. As such when issues of copyright or rights in performance arise, our team at LSW & Co. are ready to provide advice on such protection and where there is any infringement, we advocate on our client’s behalf. The issues that affect this area of law not only encompass Intellectual Property rights, but on occasion breach of contract. Consequently, our services entail drafting and advising clients on production contracts, recording contracts, media distribution contracts, royalty, licensing and publishing agreements protecting their interests at all times.
Our legal team at LSW & Co. provides a full range of representation in every facet of the employer and employee relationship from its inception (whether by oral or written contract) to its termination. We understand that the employer and employee relationship is a critical key to the success of any business and so our attorneys are well equipped to work closely with management or the human resource team to provide advice on employment laws and regulations in Jamaica, draft employment contracts for varying levels of employees, advise on and draft employment policies, procedures and employees’ handbook. We also advise on disciplinary proceedings and provide guidance with respect to the procedures to follow to conduct a fair hearing. Further, we advise on collective bargaining and trade union disputes, termination of employment, redundancy and matters arising due to change in ownership and liquidation.
Our team also advises and represents employees with issues on the job including but not limited to harassment in the workplace, discrimination, unsafe system of work, breach of employment contract terms, unfair disciplinary action and wrongful dismissal.
LSW & Co.'s legal team is well positioned to provide sound advice, guidance and assistance to those in CARICOM and internationally who wish to trade with or invest in Jamaica’s business sectors. Areas that we provide representation include international agreements, investment regulations and licensing, export and import regulations, competition.
We also have expertise in advising on Multi-lateral Investment Treaties and Bilateral Investment Treaties (BITs) where Jamaica is a party. We further advise on investor-state arbitration procedures before international tribunals such as the International Centre for the Settlement of Investment Disputes (ICSID) and on enforcement of ICSID or other international tribunal awards.
LSW & Co. represent individuals, corporations and institutions in claiming or defending varied types of civil and commercial disputes arising at all levels of Jamaica’s courts, namely the Resident Magistrate’s Court, High Court, Court of Appeal and the Judicial Committee of the Privy Council (Jamaica’s final appellate court). We also provide representation before Labour Tribunals and other statutory bodies.
It is our practice to carefully assess our clients’ disputes to among other things determine the gravity of the dispute, the issues to be resolved and provide our considered and honest advice on the best way forward in the particular circumstances. We also aim to ensure that our clients understand as far as is possible through effective communication the process of any legal proceedings we undertake on their behalf from its inception up to the award and enforcement.
Areas that we provide representation where there is a dispute include personal injury and wrongful death; trespass; assault and battery; defamation (libel and slander); divorce and custody; wills, probate and administration; landlord and tenant; construction and development; breach of contract (all types); insurance; mortgage and finance; termination of employment and redundancy; construction. We are also experienced in making urgent interim application before the High Court for injunctive relief such as an Anton Pillar orders and Mareva Injunctions.
We recognize that many types of civil and commercial disputes could better be resolved by other methods of dispute resolution other than through the traditional court system. Our attorneys have the knowledge and the experience to provide advice as to the pros and cons of these alternative methods, such as mediation and arbitration, and the procedure involved where parties agree to same. We also provide representation for mediation and arbitration, both local and international, as well as advise on the enforcement of arbitration awards including international arbitration awards under international treaties such as the New York Convention.
LSW & Co.'s Real Estate Department provides comprehensive stellar legal representation for all our clients residential and commercial real estate needs. We represent individuals, corporations, including the traditional for-profit developers and non-profit developer, and all other types of institutions in real estate acquisition, sale and construction development. Further, we represent and advise developers of strata complex and buyers of strata units on Strata Corporations and the many issues that may arise out of strata ownership. Our services extends to advising and representing our clients on all other real property matters including but not limited to zoning and land use, planning permission, adverse possession, easements, restrictive covenants, sub-division and bringing land under the Registration of Titles Act.
We advise both landlord and tenants on their lease agreement and are well experienced in drafting residential and commercial lease agreements. Our services extend to providing property management for landlords.
Our Real Estate Department works together with our litigation and alternative dispute resolution team to provide our clients with the utmost representation for the resolution of all their real property related disputes. Our representation include but is not limited to construction disputes, landlord and tenant disputes, real estate agent commission disputes, real estate sale and purchase agreement disputes, mortgage disputes.
At LSW & Co. we represent our clients in family matters with utmost sensitivity and understanding. We appreciate the varied issues that may arise in resolving matrimonial and family issues generally and understand the severe impact their resolution or lack thereof may have on the family unit as a whole, specifically children. As such we take special care when advising clients in matters such as adoption, divorce, custody and maintenance. Our legal team is well equipped with the knowledge and skill sets to advise and, where required, litigate on behalf of our clients. Our services include drafting petitions for non-contentious and contentious divorce proceedings and applications for adoption proceedings. We also represent clients in divorce, adoption, maintenance and custody hearings.
LSW & Co. recognise the hassle it can be for foreign persons to obtain visa entry to Jamaica or work permit or work permit exemptions and so our experienced attorneys endeavour to help make the process more bearable through our sound advice and guidance through the process. We also advise on Jamaica’s immigration law generally and specifically on obtaining Jamaican citizenship through descent, marriage, birth, naturalization or registration.
Our attorneys have practical experience assisting Jamaicans who are USA green card holders or citizens and their families in Jamaica to come together by providing services related to preparing and filing petitions and applications for non-immigrant and immigrant visas, including the H-1B, L-1, E-1/E-2, O-1, P-1, TN and EB-1/2/3 petitions, among others.
We at LSW & Co. bring the utmost knowledge, skills, and sensitivity to the estate administration and settlement process. Our clients can rely on us to assist them achieve efficient management and settlement of their loved one’s estate, whether simple or complex, and to resolve issues in a timely fashion.
We advise our clients on planning their estate, drafting simple and complex wills inclusive of trusts and advising on the interpretation of same. Our services include applying for grants of Probate and Letters of Administration as well as advising and advocating on behalf of our clients in estate disputes.