Mondaq Business Briefing back issues from November 2002:
Greater EU-US Co-operation in Merger Investigations.
Nov 01, 2002 ... The EU and US competition authorities have adopted a set of Best Practice Guidelines on Co-operation when reviewing mergers which require approval on both sides of the Atlantic. The Guidelines put in place a more structured basis for co-operation, building on current informal practices as ...
Is Bankruptcy An Option For Your Service Provider?
Nov 01, 2002 ... Service providers of both regulated and unregulated telecom services are filing for bankruptcy, or may file for bankruptcy in the near future. Are you protected if this happens? Pre-Bankruptcy Planning Perhaps the most important step you can take at this time is to ...
Patent Profanity: Watch Your Mouth!
Nov 04, 2002 ... Article By Allen R. Jensen and Stacy D. Lewis Originally published in Patent World, February 2002 Introduction The phrase, "patent profanity," usually gets an audience's attention. The prospect of encountering "profanity," especially in the middle of an ...
Festo: The Tip of the Iceberg.(patent infringement cases)
Nov 04, 2002 ... Article By Bryan C. Diner, C. Gregory Gramenopoulos, and Anthony C. Tridico, Ph.D. Introduction The decision so many people in the patent community waited for finally arrived on 28 May 2002. The Supreme Court of the United States, in Festo Corp. v. Shoketsu Kinzoku ...
The Sweet Smell of a Successful Registration.
Nov 04, 2002 ... Originally published in San Francisco Daily Journal, Intellectual Property Supplement, October 9, 2002 Trademarks offer consumers a critical shorthand to identify and distinguish among the ever increasing range of available products. Ideally, a trademark acts as a guarantee of ...
DOL Issues Interim Final Rules Relating to Notice of 401(k) "Blackout Periods" Under Sarbanes Oxley.(Department of Labor )
Nov 04, 2002 ... Article by Joshua Sternoff and Nicole Watson On October 21, 2002, the Department of Labor ("DOL") published interim final rules (the "Rules") to assist 401(k) (and other individual account plan) administrators with the "blackout period" limitations established by the ...
FCC Proposes Changes to Telemarketing Rules.(Telephone Consumer Protection Act of 1991 )
Nov 04, 2002 ... Article by Michelle W. Cohen and Kathrine L. Calderazzi In 1992, the Federal Communications Commission ("FCC" or "Commission") adopted rules implementing the Telephone Consumer Protection Act of 1991 ("TCPA"). These rules restricted unsolicited advertising via telephone and ...
Section 302 of the Sarbanes-Oxley Act of 2002.(Securities and Exchange Commission adopts new rules)
Nov 04, 2002 ... Section 302 of the Sarbanes-Oxley Act of 2002: Disclosure Controls and Procedures and the Related CEO and CFO Certification - Analysis and Recommendations Introduction On August 29, 2002, the Securities and Exchange Commission ("SEC") adopted rules implementing ...
Semple Piggot Rochez Partner with Mondaq to Offer Innovative and Intelligently Priced CPD Training to Law Firms.
Nov 04, 2002 ... PRESS RELEASE London 04/11/02 As part of an ongoing strategic relationship, Semple Piggot Rochez, the leading multimedia legal training specialists have joined forces with Mondaq, one of the world's foremost legal and business information providers, to promote a ...
First Amendment Attorney Reflects on the Catholic Scandal.
Nov 05, 2002 ... Faulty media coverage about the Catholic scandal has created the misperception that a large number of Catholic priests are still sexually abusing minors. This misperception that there is a current problem in the church has caused a number of public officials to make decisions that ...
Commercial Court Enforces ADR Clause.(Alternative Dispute Resolution in Cable & Wireless, IBM case)
Nov 05, 2002 ... A recent Commercial Court decision has enforced a clause requiring the parties to refer their disputes to ADR (Alternative Dispute Resolution). This decision of Colman J in Cable & Wireless Plc v IBM United Kingdom Ltd [2002] EWHC 2059 (Comm Ct) has confirmed the trend towards mediation as ...
Foreign Umbrellas Offer No Shelter.(unregistered design right cases in the United Kingdom; Fulton's umbrella design suit)
Nov 05, 2002 ... Commonplace defined for Unregistered Design Right On 31st October 2002 the English Patents County Court gave judgment in a case that may have important practical consequences for the conduct of Unregistered Design Right cases in the United Kingdom. In particular, the court ...
Navigating Clients Through Rough Waters.
Nov 05, 2002 ... As one of Colorado's preeminent law firms, our talented lawyers help resolve many types of business problems. These problems appear in many different areas, from employment to finance to taxation. Recently our tax attorneys have been busy helping some business owners navigate ...
Clergy Housing - Parsonages and the Parsonage Allowance.
Nov 05, 2002 ... Under long-standing tradition, many churches own private residences-known as "parsonages" -and make these residences available to church leaders without charge. The tradition dates back many centuries. But not all congregations own such structures. In lieu of rights to live in a ...
Truth Or Consequences: The Sarbanes-Oxley Act Of 2002.(overview of the new law upon industry)
Nov 05, 2002 ... The "independent third party" has been one of the pillars on which our securities markets and our system of securities regulation are based. There can be no question that in the eyes of the Congress, the Securities and Exchange Commission, the media, and perhaps most importantly the eyes ...
Project Finance Monthly.(meshed brief)
Nov 05, 2002 ... Project Finance Monthly This article was prepared by lawyers from Freshfields Bruckhaus Deringer CONTENTS ITALY New legislation for public infrastructure projects THAILAND Thailand passes new Arbitration Act UK Ofgem consults on ...
Benefits and Compensation Newsletter.
Nov 05, 2002 ... Introduction Newsletters seem to be everywhere these days, as do articles on employee benefits and executive compensation. What differentiates ours from any of the others and makes it worth your time to read? First, we won't concentrate on summarizing new regulations on ...
Legal Protection of Designs.(Italy)
Nov 05, 2002 ... The legal protection granted to designs in Italy and at the Community level is changing rapidly and affords new, simple and inexpensive ways to ensure protection of important assets. While businesses are spending increasing amounts of money to make products appealing to their customers, it ...
PRC Domain Name Dispute Resolution.(China)
Nov 05, 2002 ... 1. China Internet Domain Name Regulations ("Regulations") The Regulations came into force on 30 Sept 2002 and regulates the administration and operation of China Internet Domain Names System of .cn and Chinese domain names. Under the Regulations, the domain name registry refers ...
Employment & Labor Law.(New York City Transit Authority)
Nov 05, 2002 ... Second Circuit Finds Arbitrator's Decision Has Probative Weight In Subsequent Discrimination Litigation The Court of Appeals for the Second Circuit recently ruled that, while an arbitration decision rendered in an employee's favor does not preclude the employee from pursuing a ...
LOM Weekly Perspectives - Financial Summary on North America, Europe and Asia-Pacific Regions.
Nov 05, 2002 ... North America Equity investors in the U.S. are still flush with positive sentiment and are looking right past the bad economic news. Expectations of Fed easing are widespread and are helping to sustain the upbeat mood. Also, seasonally, this is the right time for an upswing in ...
Investment Dealers Association of Canada Enacts Proposed Policy on Analyst Standards Background.
Nov 05, 2002 ... Article by David Sherman and Brad Ross Based on the recommendations of the Securities Industry Committee on Analyst Standards established in 1999 by the Investment Dealers Association of Canada (the "IDA"), the Toronto Stock Exchange and others, the IDA has recently enacted ...
OSC Continuous Disclosure Review Program.
Nov 05, 2002 ... The Continuous Disclosure Team of the Ontario Securities Commission's ("OSC") Corporate Finance Branch issues a report at least annually on the progress of its Continuous Disclosure Review Program (the "CD Review Program"). A report covering the year ended March 31, 2002 has recently been ...
The Repap Decision: The Importance of Process to the Business Judgment Rule.(labor contract case)
Nov 05, 2002 ... Article by Justin Beber and Robert Vaux The "business judgment rule" has long stood for the proposition that courts should not seek to second-guess the business decisions of directors, who are assumed to be in a better position to understand the business of the corporation and ...
Enforcement Policy and Legislative Developments - Reporting Period : July 02 - September 02.(Federal Communications Commission regulations)
Nov 05, 2002 ... Motor Vehicle Distribution - Communication of the FCC. On October 21, 2002, the FCC published a communication on motor vehicle distribution. This communication is intended to supersede the FCC's communication of February 18, 2002 on the appreciation of vertical agreements as to the ...
Regulating a Volcano Eruption?
Nov 06, 2002 ... The last eruption of the volcano Reventador showed the lack of regulations for this kind of events. As an effort in a last minute, local authorities are trying to issue new several dispositions in order to keep normal activities during these days. This eruption was harder than ...
Update on Domain Names In Brazil*.
Nov 06, 2002 ... By Denis Allan Daniel ** Foreign companies can register ".br" domain names in Brazil either directly in their own names or indirectly through a Brazilian subsidiary, licensee, or distributor. There is no limit on the number of domain names one entity can register. ...
Level I DR Programs: Sarbanes-Oxley Implications.(Sarbanes-Oxley Act of 2002)
Nov 06, 2002 ... As you are no doubt aware, on July 30, 2002, the President of the United States signed the Sarbanes-Oxley Act of 2002 (the "Act") into law. The Act introduces a broad range of accounting and corporate governance reforms which have important implications for both U.S. and non-U.S. issuers ....
Patent Federal Circuit Update.
Nov 06, 2002 ... District Court's Finding of Infringement Without Construing Claims Requires Remand In Allen Eng'g Corp. v. Bartell Indus., Inc., No. 01-1238 (August 1, 2002), the Federal Circuit Court of Appeals affirmed in part, reversed in part, vacated in part and remanded the case. The ...
Interpretative Law to Article 113 of Ecuadorian Labor Code.
Nov 06, 2002 ... The Ecuadorian Congress has recently approved the publication of interpretative Law No. 2002-88 in Official Register No. 689 on October 23, 2002. This new law holds that Article 113 of the Ecuadorian Labor Code entitles employees to a "fourteenth" bonus; equivalent to one basic unified ...
FRB Issues Comprehensive Affiliate Rules under Sections 23A and 23B of the Federal Reserve Act.
Nov 06, 2002 ... The FRB published comprehensive final and proposed rules (the "Rules") regarding Sections 23A and 23B of the Federal Reserve Act ("Section 23A" and "Section 23B"). As is described below, Sections 23A and 23B govern most transactions between "banks" and their "affiliates." The term "banks" ...
Energy Update Newsletter.(various regulatory, merger activities in energy industry)
Nov 06, 2002 ... I. North and South Carolina Commissions Release Duke Audit On October 22, 2002, the North Carolina Utilities Commission and South Carolina Public Service Commission released the report of the accounting firm Grant Thornton LLP regarding certain accounting practices of Duke ...
Hong Kong Centre Of Mallesons Stephen Jaques Ranks In Global Survey.
Nov 06, 2002 ... In its first year providing a full-service commercial law capability in Hong Kong, Mallesons Stephen Jaques' Hong Kong centre has been recognised in Global Counsel 3000 released last week. In the Hong Kong section of the publication Mallesons is given a leading ranking in ...
A General Overview of French Data Protection Law.
Nov 06, 2002 ... by Alexandre Menais, Marie Marcoux and Sophie des Courtis The processing of personal data in France is under the control of the CNIL (Commission Nationale de l'Informatique et des Libertes), the National Commission for Data Processing and Liberties. Pursuant to the Law ...
Innovative Multimedia CPD Providers and Legal Lifestyle Magazine Combine to Offer Law Firms the Chance to Win a Bespoke Corporate Video Production Valued at Over [pounds sterling]10,000.
Nov 06, 2002 ... This Christmas The Legal Practitioner, the new multimedia service providing continuing professional development to smaller law firms, in association with In Brief magazine, is offering lawyers a chance to win a 10 minute VHS video produced by Rollingball Digital Television promoting their ...
Cricket Clubs' Need For Liability Insurance.(Column)
Nov 07, 2002 ... By Tim Kevan, Barrister, 1 Temple Gardens1 Having been brought up spending those balmy Summer Saturdays following the dreamy world of village cricket on Exmoor the last thing I would have imagined is the brutal world of litigation straying into this far corner of the English ...
Disclosures and Consents for Shareholders in Hong Kong.(Briefing looks at changes to be introduced by Part XV of new Securities and Futures Ordinance)
Nov 07, 2002 ... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Executive summary This briefing looks at the changes to be introduced by Part XV of the new Securities and Futures Ordinance (SFO) and also various other disclosures and consents commonly ...
SEC Adopts Final Rules Regarding Acceleration of Periodic Report Filing Dates and Disclosure Concerning Website Access.
Nov 07, 2002 ... Overview The Securities and Exchange Commission recently adopted amendments to its rules and related forms to accelerate the filing of quarterly and annual reports under the Securities Exchange Act of 1934 for domestic reporting companies meeting the definition of an ...
Medicare Outlier Payments.(Medicare reimbursement consultants reportedly advise hospitals to raise routine inpatient charges )
Nov 07, 2002 ... A number of Medicare reimbursement consultants are reportedly advising hospitals to increase routine inpatient charges (i.e., charges for room, board, and nursing) as a means of obtaining increased Medicare "outlier" reimbursement. Under the current regulatory system for inpatient outlier ...
Enforcement of Mediation Settlement Agreements in China.
Nov 07, 2002 ... Article by Ashley M. Howlett and Ruby S.K. Chan One of the most sensitive issues for foreign companies operating in China at the moment concerns dispute resolution. Several western commentators have recently highlighted the vagaries involved in resolving disputes in China ....
After WorldCom: How Much Consolidation Can U.S. Telecom Regulators Permit?
Nov 07, 2002 ... By Gregory Staple and Neil Imus* WorldCom's recent bankruptcy has likely set the stage for a new round of telecom industry mergers that will test the long-standing competition policies of U.S. regulators. As Federal Communications Commission (FCC) Chairman Michael K. Powell told ...
FERC'S Proposed Rule On Standard Electricity Market Design: A Whole New World - Part III.
Nov 07, 2002 ... By Mike Tomsu, Kathleen Lake, Jamie Serota, Stephen Angle and Donna Bobbish On July 31, 2002, FERC issued for public comment what promises to be the third installment of its restructuring trilogy: a notice of proposed rulemaking (NOPR) on Standard Electric Market Design (SMD). ...
Orrick Completes Largest Municipal Finance Transaction in U.S. history and Breaks Own Record.
Nov 07, 2002 ... Orrick, Herrington & Sutcliffe LLP acted as co-note Counsel to complete the largest municipal finance transaction in history sold on a single day, the $9,000,000,000 State of California 2002-03 Revenue Anticipation Notes which was completed on October 16, 2002. This breaks the ...
Orrick Sho Kokusai Expands Corporate Practice in Tokyo.
Nov 07, 2002 ... Top international law firm, Orrick Herrington & Sutcliffe LLP has today announced that Japanese corporate attorney Etsuo Doi has joined Sho Kokusai Law Offices, the registered associated law office of Orrick, Herrington & Sutcliffe LLP, as a partner in the Sho Kokusai Law Offices. ...
Gerachis One Of Top Tax Advisors In U.S.A.(Brief Article)
Nov 07, 2002 ... Originally issued on September 13, 2002 (Houston, TX) George M. Gerachis, a partner in Vinson & Elkins L.L.P. in Houston, was named one of the top five tax advisers in the Central United States by the London-based International Tax Review in its Annual Survey of the World's ...
<i>Petroleum Economist</I> Again Ranks V&E #1</I>.(Vinson & Elkins is ranked first for "best knowledge of the oil and gas sector")
Nov 07, 2002 ... Originally published in June 2002 HOUSTON, TEXAS The Petroleum Economist again ranks Vinson & Elkins first for "best knowledge of the oil and gas sector" in its annual Energy Finance Poll. The leading international energy journal surveyed senior executives within the world's ...
Sheppard Appointed to International Advisory Committee for Dispute Resolution.
Nov 07, 2002 ... Issued on October 18, 2002 (Houston, TX) Ben Sheppard, a partner in the Houston office of the international law firm of Vinson & Elkins L.L.P. has been appointed by the International Centre for Dispute Resolution, a division of the American Arbitration Association, to serve a ...
V&E Lawyer The Secret Father Of Digital Radio.
Nov 07, 2002 ... Issued on October 22, 2002 In an era when lawyers are always trying to add value to their client's business, Robert Mazer went a step further: He envisioned a concept, helped create a business to tackle his dream, and then worked with the new venture to see his vision become a ...
Crow Holdings Sells Industrial Real Estate For $1.5 Billion.
Nov 07, 2002 ... Originally issued on October 17, 2002 (Dallas, TX) - CFH Industrial Trust, Inc., also known as Crow Holdings Industrial Trust, has agreed to sell its large industrial real estate business to ING Group NV of the Netherlands for an estimated $1.5 billion, according to Jeffrey ...
Hicks Muse Buys Meat Processing Operation.(Hicks, Muse, Tate & Furst Inc buys ConAgra Foods' operation)(Brief Article)
Nov 07, 2002 ... Issued on September 26, 2002 (Houston, TX) September 26, 2002 - Hicks, Muse, Tate & Furst Incorporated, a Dallas-based investment corporation, has purchased a majority share of the fresh beef and pork processing and cattle feeding businesses of ConAgra Foods Inc. in a ...
BMC Software Acquires Peregrine Remedy.
Nov 07, 2002 ... Issued on September 25, 2002 BMC Software Inc. has agreed to purchase the assets of Peregrine Remedy, Inc. as part of the September 22 Chapter 11 bankruptcy filing of Peregrine Systems, Inc. and Peregrine Remedy, Inc. for $350 million cash bid. BMC will also provide up to $110 ...
Scott J. Atlas, Chair Of The ABA Section Of Litigation.
Nov 07, 2002 ... Issued on August 05, 2002 Houston lawyer Scott J. Atlas will become chair of the American Bar Association Section of Litigation on Saturday, August 10, at the section's Passing of the Gavel and International Human Rights Award luncheon, from noon to 1:30 p.m. in the Grand ...
Carol E. Dinkins, Chair, Aba Standing Committee On Federal Judiciary 2002 - 2003.
Nov 07, 2002 ... Issued on August 06, 2002 Carol E. Dinkins, a partner in the Houston office of the international law firm of Vinson & Elkins, will chair the American Bar Association Standing Committee on Federal Judiciary for 2002-2003. Dinkins was appointed to chair the standing ...
LaFuze Appointed To U.S. Patent & Trademark Office Advisory Committee.
Nov 07, 2002 ... Issued on August 07, 2002 William LaFuze, a partner in Vinson & Elkins L.L.P. in Houston, has been appointed to serve on the Patent Public Advisory Committee for the United States Patent and Trademark Office. LaFuze began a three-year term as a member of the Patent ...
U.S. District Court Rules For Blockbuster.
Nov 07, 2002 ... Issued on June 28, 2002 Dallas - June 27, 2002 - After hearing two weeks of testimony, the United States District Court in San Antonio, Texas, has ruled in favor of Blockbuster Inc. (NYSE: BBI) and motion picture studios and ordered a directed verdict at the close of the ...
Monti Proposes Radical Reform of EU Merger Regime.(Mario Monti)
Nov 07, 2002 ... Speaking at the EC Merger Control Conference in Brussels on Thursday 7 November, Mario Monti, Commissioner in charge of competition matters, has for the first time detailed the draft proposals on reform of the EU merger regime he will be presenting to the Commission before the end of this ...
Trends: Courts Unlikely to Uphold "Pesofication" of Past Due Obligations.
Nov 07, 2002 ... Originally published in Argentine Business Law Watch1 The widely reported enactment in January of the Emergency Economic Act converted dollar-denominated bank deposits and private obligations to pesos. Since then, considerable debate has followed as to the treatment of private ...
What[acute accent]s in an Agreement?(Column)
Nov 07, 2002; ... 1. What are "non" agreements? Executives, IT professionals, consultants and others are frequently asked to sign non-disclosure, non-compete, non-raiding and non-solicitation agreements. These "non" agreements contain provisions called "restrictive covenants" that impose ...
Amendments to the Regulation on the Operation of Public Telecommunication Networks (21/09/2001).(Brief Article)
Nov 08, 2002 ... Decree-Law 249/2001, of 21 September 2001, amends the Regulation on the Operation of Public Telecommunication Networks approved by Decree-Law 290-A/99 of 30 July 2001 (Minimum Offer of Leased Circuits), which implemented Directive number 97/51/CE of the European Parliament and of the ...
President Bush Signs Madrid Protocol Implementation Act Into Law.
Nov 08, 2002 ... The long-anticipated Madrid Protocol Implementation Act finally is the law of the land. President Bush signed the Act into law this week, buried within the Department of Justice Reauthorization Act. The Protocol is a treaty that provides an international system of registering trademarks, ...
European Council Removes Obstacles To Enlargement: Accession Treaty To Be Signed In April 2003.
Nov 08, 2002 ... Leaders of the European Union ("EU") have resolved the last outstanding obstacles to the largest expansion in the history of the Union. During a meeting of the European Council in Brussels on October 24-25, 2002, the Council agreed that the countries of Cyprus, the Czech Republic, Estonia, ...
Setting Up Business In Oman - An Overview.
Nov 08, 2002 ... INTRODUCTION: The Commercial code of Oman provides that foreign nationals can engage in commerce in the Sultanate of Oman only after obtaining "permission to do so in accordance with the applicable laws". Article 24 of the code provides that foreign companies may not establish ...
Congress Amends Reexamination Practice in the USPTO.(United States Patent and Trademark Office)
Nov 08, 2002; ... Article by Kenneth Cage and Lawrence T. Cullen The U.S. Congress amended the reexamination statute and the inter partes reexamination statute to broaden the scope of the prior art that may be used to request a reexamination and further amended the inter partes reexamination ...
The Entire Claim Rule Applies to Independent Claims Presented in Two-Part EPC Format.(European Patent Convention)
Nov 08, 2002 ... The English High Court has recently held that in accordance with Section 125 of the Patents Act 1977 (English domestic law), an invention is defined by the whole claim, as interpreted by the description and any drawings. The Court further held that the protocol on interpretation, Article ...
A Primer on Construing Sec. 112, Par. 6 Claim Elements.
Nov 08, 2002; ... In affirming a district court decision finding two patents in suit to be "not invalid," the U.S. Court of Appeals for the Federal Circuit has presented a primer on various [section]112, [pilcrow (paragraph sign)]6 claim construction issues. Creo Products, Inc. v. Presstek, Inc., Case No ....