Mondaq Business Briefing back issues from March 2002:
Adverse Employment Action Prerequisite to Religious Accommodation Claims.(Brief Article)
Mar 01, 2002 ... Originally appeared in Labor and Employment Newsletter - February 2002 In Ali v. Alamo Rent-A-Car, the Court of Appeals for the Fourth Circuit held that refusal to accommodate an employee's religious beliefs does not violate Title VII's prohibition against religious ...
Removing Unused Trade Marks From The Register - Genuine Use in Laboratories Goemar Sa And La Mer Technology Inc.(case analysis)(Brief Article)
Mar 01, 2002 ... Background With the increased public awareness of brands, business has become wise to the value of trade mark registration. Most companies now want to register the names of their main products and services to ensure that they can be protected from third parties' use. However, ...
The Copyright Directive (2001/29/EC).
Mar 01, 2002 ... The United Kingdom will soon be required to implement an EC Directive which will result in new legislation affecting UK copyright law. This new Directive will impact on owners of copyright including broadcasters, proprietors of web-sites, artists and musicians, who need to be ...
Indiana Supreme Court Clarifies Coverage for Environmental Claims.(Allstate Insurance Co. v. Dana Corp.; environmental liabilities)(Brief Article)
Mar 01, 2002; ... Co-written by Frederick D. Emhardt & Jeffrey D. Featherstun Indiana's appellate courts have issued a number of opinions in recent years that have sustained claims for cover-age for environmental liabilities under the comprehensive general liability ("CGL") policies purchased by ...
When is use "Genuine"? - Laboratoires Goemar SA v La Mer Technology Inc.(intellectual property)(Brief Article)
Mar 01, 2002 ... In a recent case in the High Court, Laboratoires Goemar SA v La Mer Technology Inc, Jacob J. considered what level of use must be made of a trade mark by its owner to be sufficient to counter an application for revocation on the grounds of non-use. He ...
Lithuania Grants Extra Protection for Medicine & Plant Protection Patents.
Mar 04, 2002 ... Starting from January 1, 2002 amendments to Lithuanian Patent law, which are adopted following EC Regulations No 1768/921 and No 1610/962, have come into force. New provision of law creates the possibility for the owners of the patents on pharmaceutical and plant protection products to ...
Pre-Action Protocol for Judicial Review.
Mar 04, 2002 ... Introduction The pre-action Protocol for judicial review came into force on Monday 4th March 2002. To an extent it simply places into the framework of the Civil Procedure Rules what is already good practice; a letter before claim from the Claimant and a response from the ...
Four Steps to Risk Management in Mergers and Acquisitions.(Brief Article)
Mar 04, 2002 ... Risk is part of combining with another company, but experienced professionals agree that an intensive risk management approach can help ensure success for a merger or acquisition. Like other preparations for mergers and acquisitions activity, risk management should be part of ...
Ready? Set? Go (Slowly)!(mergers)(Brief Article)
Mar 04, 2002 ... Proceeding With Caution is the Best Bet for Companies Planning Cross-Border Mergers & Acquisitions Imagine you're on an airplane, a parachute strapped to your back. The wind is rushing up at you; your heart pounds. You think you're ready. You think you've taken all of the ...
Joint Referral to the Commission Highlights Increased Co-operation Between Competition Authorities.(business competition regulation information)(Brief Article)
Mar 05, 2002 ... Last week the UK competition authorities asked the EC Commission to consider the UK competition aspects of the proposed merger between GE Engine Services, a subsidiary of General Electric, and the US aircraft manufacturer Unison Industries. Although the transaction does not qualify under ...
LOM Weekly Perspectives.(U.S. economic view and opinion)(Brief Article)
Mar 05, 2002 ... Flexibility, innovation and risk People are not automatons. They can innovate and generate surprises by their behaviour. This is what U.S. consumers and producers did in the fourth quarter of last year. Forecasters' original expectation of negative growth has been roundly ...
The Colombian Council of State Issues its First Legal Opinion on Domain Names.(Brief Article)
Mar 06, 2002 ... On December 11 2001, the Colombian Council of State, through its Consultation and Civil Services Office, issued the first legal opinion regarding the ".co", the domain name used to identify Colombia on the internet, in response to answering a petition filed by the Minister of ...
Financial Services Alert.
Mar 06, 2002 ... Broadening Opportunities With A Bank/Thrift Charter Despite disintermediation and other competitive threats, full-service and limited purpose bank/thrift charters continue to play a vital role in the U.S. economy. Indeed, in addition to traditional banking institutions, more ...
Major Clean Water Act Decision by U.S. Supreme Court.
Mar 06, 2002 ... On January 9, 2001, the United States Supreme Court issued a watershed decision limiting the jurisdiction of the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) under the Clean Water Act (CWA), 33 U.S.C. [section]1251, et seq. In a ...
"Environmental Court" Established in Marion County.(Brief Article)
Mar 06, 2002 ... Co-written by George M. Plews & Sue A. Shadley In an action reflecting the increasing technical complexity of environmental cases, the Executive Committee of the Marion Superior Courts has designated one of its courts as the "Environmental Court." The intent of this designation ...
Court Sanctions Insurer for Bad Faith Denial of Environmental Claims.
Mar 06, 2002; ... By Jeffrey D. Featherstun and Donna C. Marron In all insurance policies, there is an implied duty requiring an insurer to act in good faith toward its policy-holder. Courts recognize this duty, in part, in reaction to the advantages insurers hold over their policyholders ....
Mold Claims - A New Threat?
Mar 06, 2002 ... By Donna C. Marron and Christopher J. Braun Clients of Plews Shadley Racher & Braun, on both the plaintiff and defense side, have recently experienced a substantial increase in indoor air quality and toxic-mold claims. For a variety of reasons, such as faulty construction, ...
Reasonable Development: Environmental Ruling Rejects Sewer Ban.
Mar 06, 2002 ... By John Ketcham & Peter Racher In the 1800s, transportation limited development. Without roads, canals, and then railroads, the countryside remained empty and development stood still. In the 20th and now the 21st centuries, sewers are a restricting factor. Apartment complexes, ...
Firm's Clients Receive More Than $100 Million Through Settlement of Environmental Insurance Claims in 2001.(Brief Article)
Mar 06, 2002 ... By George M. Plews & Donna C. Marron Last year was an exciting one for clients of our firm with environmental insurance claims pending in Indiana courts. Four cases that collectively involved hundreds of insurance company defendants and more than 100 cleanup sites across the ...
Indiana Court Prohibits IDEM Regulation of Wetlands Not Subject to Federal Jurisdiction.(Indiana Department of Environmental Management)(Brief Article)
Mar 06, 2002 ... By S. Curtis DeVoe & Stephen A. Studer Regulation of construction activities in wetland areas took a turn for the better, from the perspective of developers, a little more than a year ago when the the U.S. Supreme Court ruled that the federal Clean Water Act does not cover ...
WIPO Copyright Treaty.(Brief Article)
Mar 06, 2002 ... By means of Law 565 dated February 2, 2000, the Colombian Congress approved the WIPO Copyright Treaty (hereinafter referred to as WCT) adopted in Geneva on December 20, 1996 that establishes the principles for the protection of copyrights in the digital media, adapting these rights to the ...
The 2001 Tulloch Rule: New and Revised?
Mar 06, 2002 ... By Stephen A. Studer and Amy E. Romig January 9, 2001, was a significant date for property containing wetlands. On the same day the U.S. Supreme Court issued its ruling in SWANCC, (see PSRB Newsletter, February 2001), the U.S. Environmental Protection Agency ("EPA") promulgated ...
The Proliferation Of Mold Contamination And Claims: States Have Responded With Legislation.(mold protection in property)
Mar 08, 2002 ... The discovery of extensive mold contamination in property throughout the United States has led to the introduction of legislation in various states in an effort to combat this problem. Representatives from California, Maryland, New York, and Texas have all introduced legislation that ...
Employment Law Update: Recent Government Announcements (Official & Leaked!).(United Kingdom)(Brief Article)
Mar 08, 2002 ... Minor amendments to Part-Time Workers Regulations The Government has issued draft regulations for consultation (until 15th April) making two amendments to the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The changes are to come into force on ...
The Potential For Recovery Of Emotional Damages In A Mold Lawsuit: Two Areas For Analysis.(Statistical Data Included)
Mar 08, 2002 ... The proliferation of lawsuits stemming from the presence of mold in homes and businesses across the country has alerted defense attorneys to the prospect of damages for the negligent infliction of emotional distress. Specifically, it is conceivable that plaintiffs who claim damages to ...
Update: Recent Mold And Related Decisions.
Mar 08, 2002 ... There is no question that the landmark verdict in Ballard v. Fire Insurance Exchange, No. 99-05252 (Travis County, Texas, filed May 5, 1999), elicits concern among insurers, property owners, landlords, and developers. In Ballard, plaintiff alleged that her homeowners insurer acted in an ...
New SEC Disclosure Rules for Equity Compensation Plans.(Securities and Exchange Commission)
Mar 08, 2002 ... Written by Stuart Alperin, Neil Leff, Regina Olshan & Michael Lawson On December 19, 2001, the Securities Exchange Commission (SEC) adopted new rules significantly increasing required disclosure of stock option and other equity based compensation plans. The new rules ...
Top 10 Internet Law Developments in 2001.
Mar 08, 2002 ... Written by Stuart D. Levi, Rita A. Rodin & Kenneth M. Kaufman The Internet industry went through some much-anticipated growing pains in 2001. Numerous dot-coms failed to make it through the year, and venture capital funding continued to be scarce. However, the industry also ...
The Hidden Dangers of Chat Rooms.(operator liability)(Brief Article)
Mar 08, 2002 ... Advocates of company-operated chat rooms and similar services state that chat rooms are good places for customers to obtain and to share information concerning a company and its products and services. While there are advantages to operating a chat room, operating a chat room can also ...
Breaks for Business & Individuals, but Tougher on Employees & Trusts.(economic policy, South Africa)(Brief Article)(Statistical Data Included)
Mar 11, 2002 ... The annual Budget speech delivered by Finance Minister Trevor Manuel on 19 February, showed the effects of sound fiscal policy and an increasingly efficient and aggressive collection system. Manuel was able to spread largesse to numerous sectors in the form of tax breaks, as well as to ...
Employment Cases Dominate Supreme Court Docket.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 The U.S. Supreme Court began its 2001-2002 term with an unusually high number of employment cases on its docket, and it is likely that more will be added during the term. Fourteen cases have been accepted for review, ...
Employee Committees That Perform Managerial Functions Are Not "Labor Organizations".(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 Ruling on the controversial subject of "employee committees," the National Labor Relations Board unanimously held that employee committees created to perform managerial functions were not "labor organizations" within the ...
Employers must Bargain over Hidden Surveillance Cameras that Monitor Employees.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 Reaffirming a prior ruling, a recent decision by the National Labor Relations Board makes clear that an employer must bargain with its union prior to installing hidden surveillance cameras in the workplace. In a 2-1 ...
Enough is Enough: Regular Attendance is an Essential Function of a Job under the ADA.
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 The United States Court of Appeals for the Seventh Circuit recently held that an employee's request for unlimited sick days was not a reasonable accommodation under the Americans With Disabilities Act ("ADA"). EEOC v ....
First Amendment Retaliation Claim: "Free Speech" Doesn't Mean "Free Speech" for Public Sector Employees.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 A public sector employee cannot simply claim "free speech" when allegedly terminated in retaliation for whistle-blowing. In order to prevail on a First Amendment retaliation claim, a plaintiff's speech must be ...
Insurance Business in The Cayman Islands - The Essential Facts.
Mar 11, 2002 ... The Rise and Rise of Captive Insurance In 1979 the Government of the Cayman Islands published its first piece of legislation on the subject of insurance. The purpose of the Insurance Law was to encourage the formation of a captive insurance industry, an initiative which has ...
Pleading Poverty during Bargaining may Require Production of Supporting Information.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 The Board recently outlined its position with respect to the duty of an employer to produce financial information, upon union request, when the employer claims during bargaining negotiations that it is not able to meet ...
Sexual Harassment not that Easy to Show.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 Employers face anxiety and risk whenever they face a sexual harassment claim. But, several recent decisions from the Seventh Circuit Court of Appeals (covering Illinois, Indiana and Wisconsin) make it more difficult for ...
The Bush Labor Board: Who's on First?(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 The President has the opportunity to greatly influence the labor laws of our country through appointments to the National Labor Relations Board, which is responsible for enforcing the National Labor Relations Act. The ...
Union Videotaping of Replacement Workers during a Strike Violates the NLRA.(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 In a ruling that may reduce intimidation against replacement workers crossing picket lines, the National Labor Relations Board recently held that a union violated the Act where picketers videotaped replacement workers ...
Warn Act Liability may be Greater than you Think.(Workers Adjustment Retraining Notification Act)(Brief Article)
Mar 11, 2002 ... Originally appeared in Labor Law Newsletter - January 2002 In today's uncertain economy, many employers are re-structuring operations, laying off workers and closing facilities. Employers with 100 or more employees may be required to provide 60 days' advance notice of a "mass ...
SEC Update.
Mar 11, 2002 ... Originally Published in Investment Services Advisor - February 2002 Auditor Accountability and Independence The recent failure of Enron highlights the importance of initiatives to reform auditor independence and accountability. On January 17, 2002, SEC Chairman Harvey Pitt ...
More Allegations of Mispricings of Fund Holdings.(Brief Article)
Mar 11, 2002 ... Originally Published in Investment Services Advisor - February 2002 The Wall Street Journal reported in December that the Van Wagoner Funds may have mispriced non-publicly traded technology stocks that comprised between 10% and 14% of the Funds' portfolios. Despite the burst of ...
Fakes: Seized.(counterfeit drug manufacturing case, Malaysia)
Mar 11, 2002 ... Malaysian Police recently raided and closed down a factory producing amongst other things imitation Panadol pills and imitation Eye-Mo eyedrops. Apart from seizing the imitation pills and eyedrops, the police also confiscated other imitation medicines and drinks, which the ...
Business Opportunities Emerge as China Joins the World Trade Organisation.
Mar 11, 2002 ... Unlocking value from China's accession to the World Trade Organisation The accession to the World Trade Organisation (the "WTO") is not only a milestone in the economic development of China but will also have a great impact on the global business arena in the 21st century ....
Trusts in Liechtenstein.
Mar 11, 2002 ... Before we start discussing the Trusts in Liechtenstein, the reader has to distinguish between the Trust Settlement (Treuhanderschaft) according to Art. 897 to Art. 932 of the Company Code (Law on Persons and Companies (PGR)); or the Trust Enterprise (Treuunternehmen) ...
The Computer Software Patent Directive.
Mar 11, 2002 ... The European Commission has issued a draft directive on the patentability of computer implemented inventions following a period of consultation. Following the consultation exercise, the EC has recognised that changes must be made to the law on patents for computer programs. The EC's ...
Marine Insurance 2001 - The Year in Review.
Mar 14, 2002 ... Marine Insurance 2001 - The Year in Review Originally published in January 2002 1. INTRODUCTION In this review we report on legal and market developments in 2001 likely to be of interest to marine insurers. As well as developments relevant to specific ...
New Law Requires Changes in French Corporate Business.(new law covering joint-stock companies)(Brief Article)
Mar 14, 2002 ... By Noro-Lanto Ravisy, Thibault Delorme, Arnaud Belisaire, Anne-Sophie Hebras & Philippe Reigne, Doctor in French law, legal consultant. New law on economic regulations French law no. 2001-420 of May 15, 2001 (the NRE law) is composed of three principle sections: ...
LOM Weekly Perspectives.(Lines Overseas Management, U.S. economy forecast and data)(Brief Article)
Mar 14, 2002; ... More good news on the U.S. economy Continuing upbeat economic news in the United States has had a positive effect on equity markets. Growth stocks and cyclicals have benefited while defensives and staples have been hurt, though we have probably not seen the last of frequent ...
First Party Property Exclusions & Mold.
Mar 14, 2002 ... When a mold claim is presented under a first-party property policy, it is important to consider whether one or more of the exclusions may apply. Below we discuss a number of exclusions common to a first-party property policy which may apply to a claim for property damage from mold. ...
What to do if Your Insured Fears Liability for Mold Contamination.
Mar 14, 2002 ... With the growing focus on mold contamination, the liability insurers of a wide variety of construction and repair contractors are being increasingly placed on notice of situations which have caused their insureds to fear liability for contamination claims. Mold growth is caused by the ...
Financial Services Alert.(financial services legal representation regulation)(Brief Article)
Mar 14, 2002 ... SEC Division of Investment Management Provides Guidance on Independent Legal Counsel Requirements Under New Fund Governance Rules In a letter to the Investment Company Institute, the staff of the Division of Investment Management of the SEC (the "Staff") addressed various issues ...
The Protection of Designs in Italy.
Mar 14, 2002 ... The Italian Design Law has recently been amended to comply with a European Directive No. 98/71/EC, which provides for changes to the industrial design laws of its Member Countries, with a view to their harmonization. In addition, the European Council has recently adopted the Regulation No ....
Employment Law Update - Part 1 of Data Protection Code Published.
Mar 14, 2002 ... Part 1 of the Information Commissioner's long-awaited "Employment Practices Data Protection Code" has this morning been posted on her website (www.dataprotection.gov.uk - see Guidance and other publications, under Codes of Practice). The Commissioner has stated that this is a ...
Promotion to Group Director in Corporate Services Department.(at Tilleke and Gibbins International Ltd)(Brief Article)
Mar 14, 2002 ... Tilleke & Gibbins International Ltd., the oldest and one of the largest independent law firms in Thailand, is pleased to announce the promotion of Ms. Piyanuj (Lui) Ratprasatporn to Group Director in charge of the firm's Corporate Services Department. She has been with Tilleke & Gibbins ...
Tilleke & Gibbins Obtain Favourable Decision from the Thai Supreme (Dika) Court.(Brief Article)
Mar 14, 2002 ... Tilleke & Gibbins International Ltd., consistently voted since 1997 as one of the top two IP firms in Thailand, recently obtained a favorable decision from the Thai Supreme (Dika) Court upholding the right of its client, International Nutrition Company, to use and file trademark ...
Spanish Financial Markets Grouped Into a Single Holding Company.(Brief Article)(Statistical Data Included)
Mar 14, 2002 ... The Spanish financial markets holding company known as "Bolsas y Mercados, Sociedad Holding de Mercados y Sistemas Financieros, S.A." has recently been created. This new company is due to integrate the management companies of the four Spanish Stock Exchanges, the fixed income market, the ...
The Antillean BV - The Ultimate Corporate Adventure.(Netherlands tax policy data)
Mar 14, 2002 ... By Mr Karel Frielink & Mr Arnold van der Smeede Introduction The law of the Netherlands Antilles (part of the Kingdom of the Netherlands) is in full swing. The Private Fund Foundation ("Stichting Particulier Fonds"), which was established on November 1, 1998, has ...
FNUSA Publishes Report on the $70 Billion Fiber Optic Mistake.(Financial News USA report introduction)(Brief Article)(Product Announcement)
Mar 14, 2002 ... (www.financialnewsusa.com) - Financial News USA is pleased to announce the publication of its new report on the $70 Billion Dollar Fiber Optic Mistake. It was just more than a year ago when investors were hearing about the insatiable demand for fiber optic networks. Fiber optic poster ...
International Trademark Association Invites Press to Annual Meeting.
Mar 18, 2002 ... New York, NY - March 12, 2002 - The International Trademark Association (INTA) invites members of the worldwide press to attend its 124th Annual Meeting, which will be held from May 18 - 22, 2002, in Washington, DC, at the Washington Convention Center. The theme of INTA's Annual ...
Absolute Requirements for the Registration of the Trademarks in Lithuania.
Mar 18, 2002 ... In Lithuania the State Patent Bureau before registration of a trademark carries out an expertise only according absolute requirements for the trademark, which are indicated in the Lithuanian law on Trademarks (Art.5 and 6). Because Lithuanian law on Trademarks is harmonized with the ...
Dr. Juan Pardini of Pardini & Associates is Appointed to Presidential Commission for the Free Trade Area of the Americas.(Brief Article)
Mar 19, 2002 ... Dr. Juan F. Pardini, senior partner at Pardini & Associates, was recently appointed to the Presidential Commission created to develop Panama as permanent headquarters of the Free Trade Area of the Americas (FTAA). This commission appointed directly by the President of Panama is composed of ...
The Bahamas Reaches an Agreement With the OECD.
Mar 19, 2002 ... NASSAU, The Bahamas -- The Bahamas has emerged from its OECD discussions on international financial services with a unilateral commitment premised on the establishment of a level playing field for all centers conducting international financial services activities. The Bahamas has agreed ...
IMF Endorses Gibraltar.(Brief Article)
Mar 20, 2002 ... Gibraltar's financial services regulation is given a positive endorsement by the International Monetary Fund in a wide-ranging report published on 19 March 2002. Gibraltar is the third jurisdiction to volunteer for this kind of rigorous international examination by independent experts. In ...