Mondaq Business Briefing back issues from February 2004:
Constitutional Issues in Formal Arbitration Proceedings.
Feb 01, 2004 ... Originally published February 2002 Under Italian law, questions regarding the constitutional legitimacy of legislation that arise in the course of proceedings before a "judicial authority" must be referred to the Constitutional Court,(1) which alone has jurisdiction to decide ...
A New Specialized Financial Agent.(Brief Article)
Feb 02, 2004; ... "Closed deal" seems to be the last words for the transaction on the shares and directors positions of this financial society. With those words the Pension Fund for School and High School Teachers started a new business for its members. The main goal for this new specialized financial ...
Daily Tax Update - Finance Committee Bills Contain Tax Shelter And Corporate Governance Revenue Offsets.
Feb 02, 2004; ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS The "Highway Reauthorization and Excise Tax Simplification Act" and the "Tax Administration Good Government Act" scheduled to be considered by the Senate Finance Committee on February 2nd, contain numerous tax shelter and corporate ...
Baxi Advised By Pinsents On Major [pounds sterling]662 Million Refinancing.
Feb 02, 2004; ... Management and employees of Baxi Group Ltd, the major European heating group, have been advised by a specialist team from UK law firm Pinsents on the [pounds sterling]662.5 million buyout of the company by BC Partners. BC Partners, the UK buyout firm, has bought out the ...
Profits Tax Exemption for Funds to be Expanded: Consultation Paper Released.
Feb 02, 2004; ... Written by Phillip Smith (Partner) Summary The Secretary for Financial Services and the Treasury Bureau of the Hong Kong Government has issued a consultation paper outlining the amendments to expand the profits tax exemption for funds managed in Hong Kong. ...
Employers Face More Challenges From The Ohio Supreme Court: Coolidge V. Riverdale Local School Dist.
Feb 02, 2004; ... By G. Roger King and Rebecca J. Brinsfield Employers are all too familiar with the consistent erosion of the employment-at-will doctrine. For years, Ohio courts have established exception after exception to this foundation of the employer-employee relationship. Such public ...
Changes in Singapore Patent Rules for National Phase Applications Under PCT Chapter I.
Feb 03, 2004; ... By James Cleeve & Alicia Sim Until now a national phase entry application in Singapore under PCT Chapter I had to be filed within 20 months from the priority date (or international filing date if priority is not claimed). As of 1 January 2004, Singapore no longer has ...
Outsourcing: Human Resource Issues Shouldn't Be An Afterthought!
Feb 03, 2004 ... Much has been and is being written about outsourcing. Not a legal term, "outsourcing" refers to the arrangement whereby one company looks to another company to perform some aspect of its business operation. It's like delegating, but at an inter-company rather than intra-company level. It's ...
San Francisco Adopts Local Minimum Wage Of $8.50.
Feb 03, 2004 ... San Francisco employers soon must pay employees a minimum wage of $8.50 per hour. This new requirement is the result of Proposition L, passed by the voters in November.1 It requires employers with 10 or more employees to pay at least $8.50 per hour for all work performed within San ...
Communications Law Bulletin-January 2004.
Feb 03, 2004 ... The Month in Brief The New Year already has brought a number of developments that cut across all industry segments. Perhaps the most consequential of these is the apparent decision of the Federal Communications Commission ("FCC" or "Commission") to clarify the regulatory status ...
The New Pre-Reorganization Continuity Of Interest Regulations.
Feb 03, 2004; ... Originally published October, 2003 I. INTRODUCTION On August 30, 2000, the Department of the Treasury ("Treasury") and the Internal Revenue Service ("Service" or "IRS") issued final regulations under section 368 providing guidance on the application of the continuity ...
Daily Tax Update - Treasury Releases 2004 "Blue Book".
Feb 03, 2004 ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the Treasury Department released the 2004 "Blue Book," which summarizes the revenue proposals in President Bush's $2.4 trillion fiscal year 2005 budget. The President's budget contains approximately $1.1 trillion in tax cuts ...
Environmental Law Sharpens its Teeth.(recent decisions of the Hong Kong courts in the Central Reclamation case and in Shiu Wing Steel Ltd v Director of Environmental Protection)
Feb 03, 2004; ... Written by Kevin Owen (Partner) and Peter Borg (Registered Foreign Lawyer (Australia)) Environmental law is gaining a higher profile in Hong Kong. In this article, Kevin Owen and Peter Borg examine the recent decisions of the Hong Kong courts in the Central Reclamation case and ...
Case Report: Court Of Final Appeal Unanimously Decides Against the Town Planning Board In Harbour Reclamation Case.
Feb 03, 2004; ... Written by Kevin Owen (Partner) and Peter Borg (Registered Foreign Lawyer (Australia)) Summary The decision of the Hong Kong Court of Final Appeal in the Town Planning Board v Society for the Protection of the Harbour Ltd, handed down on 9 January 2004, provides ...
Waste Disposal (Amendment) (No.2) Bill 2003 - New Costs of Disposing of Construction Waste.
Feb 03, 2004; ... Written by Kevin Owen (Partner) and Andrew MacGeoch (Partner) Summary The Waste Disposal (Amendment) (No.2) Bill 2003 ("Bill") was presented to the Legislative Council for its first reading on 17 December 2003. The Bill proposed (i) to introduce a charging scheme for ...
New Circular On Ratio Of Foreign Participation In The Securities Market In Vietnam.
Feb 03, 2004 ... Written by Dao Nguyen (Partner) and John Hickin (Solicitor) Summary To provide guidelines for the implementation of Decision No. 146/2003/QD-TTg Regarding The Ratios Held By Foreign Parties In The Vietnamese Securities Market of the Prime Minister dated 17 July 2003, ...
OSHA Enforcement of Respiratory Protection Standard in Health Services Industry.
Feb 03, 2004 ... I. INTRODUCTION On January 14, 2004, the Occupational Safety and Health Administration ("OSHA") announced that it would begin enforcement of the respiratory protection standard, 29 C.F.R. s. 1910.134, on July 1, 2004, in establishments that are required to provide respirators ...
Attacks on Client Privilege Increasing: Government Insistence on Waiver Jeopardizes the Value of the Corporate Privilege.
Feb 04, 2004; ... By David B. Fein and Robert S. Huie In a recent public talk, Mary Jo White, former U.S. Attorney for the Southern District of New York, lamented that waiver of corporate privilege has become a litmus test for whether a company is cooperating with an investigation. Her lament is ...
The Effect Of The Can Spam Act On Associations.
Feb 04, 2004 ... President Bush signed the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" (the "CAN SPAM" Act) into law on December 16, 2003. CAN SPAM became effective January 1, 2004 and preempts all state and local laws, with the exception of those which prohibit false ...
Early Retirement Benefits On Business Transfers.
Feb 04, 2004 ... 1. SUMMARY On business transfers there is a risk that where the seller provides a company sponsored "occupational" pension scheme which allows benefits to be paid before members reach their normal retirement date, the obligation to provide those benefits will become an ...
Elizabeth Emanuel v Continental Shelf - Trade Mark Revocation/Opposition - Can deception be lawful?
Feb 04, 2004 ... David Kitchin QC as the Appointed Person considered the question whether the confusion following the assignment of a trade mark amounted to "lawful deception". He decided the issue is unclear and so warranted a reference to the European Court of Justice. This is the first time the ...
Insurance Business Transfer Schemes - An Alternative to RITC?(Reinsurance to Close)
Feb 04, 2004 ... SUMMARY The insurance business transfer procedure under Part VII FSMA provides for the first time the option of novating (rather than merely reinsuring), without policyholders' consent, business written by a Lloyd's syndicate to an insurance company. Consequently the Part VII ...
Carriage by Air and DVT: The Story so Far...
Feb 04, 2004; ... On 3 July 2003 the Court of Appeal in a unanimous judgment dismissed an appeal against air carriers on a point of law in The Deep Vein Thrombosis and Air Travel Group Litigation. The effect of judgment is that air carriers are not liable to compensate passengers who allege to have suffered ...
California Legislative Revisions to the Confidentiality of Medical Information Act.
Feb 04, 2004; ... I. INTRODUCTION The Act creates a new definition for "marketing" that limits the ability of providers of health care, health care service plans, contractors, and corporations and their subsidiaries and affiliates from sending communications that are sponsored by third parties ....
Captives - Does My Reinsurer Have to Pay?
Feb 04, 2004 ... One of the major benefits of establishing a captive is that it is able to gain direct access to the international reinsurance markets. Reinsurers are usually content to reinsure captives provided the terms and conditions of the reinsurance are satisfactory from their perspective. ...
Successful Outsourcing for Insurers.
Feb 04, 2004 ... "Outsourcing" has become a hot topic for insurers and other businesses alike. This article highlights some of the factors to bear in mind if an outsourcing project is to be successful. The recent economic climate has resulted in many businesses reviewing their business models ...
Large Insureds - Large Risks - Large Problems: How Do You Resolve Them?
Feb 04, 2004; ... PROBLEMS WITH THE ADVERSARIAL PROCESS The last concern on anybody's mind when entering into a new deal is how disputes are to be resolved in the event of something going wrong. However, particularly in respect of tailor-made global insurance programmes, the parties have the ...
Q: How Striking Is A Surname When Used As A Trade Mark? A: Ask Your Customers!
Feb 04, 2004; ... By Seiko Hidaka The Advocate General of the European Court of Justice ("ECJ") has this month confirmed that the UK Trade Mark Office is wrong to approach assessing the distinctiveness of common surnames in a way different from that of other signs. Background : ...
The Patents Bill brings amendments to UK Patent Law - A helping hand to SMEs?
Feb 04, 2004 ... The DTI has long since been concerned about the UK's lack of support for its inventors and entrepreneurs. It is clear that we are falling behind the US, Japan and many other EU countries in the protection, innovation and development stakes - a neglect that could lead to a downturn in the ...
A Strategy for International Protection of Your Brand.
Feb 04, 2004 ... An international trade mark strategy is vital to all businesses from start-ups to large multi-national organisations. Emma Lambert outlines the best options for protecting brands internationally and considers their particular strengths and weaknesses. Overview The ...
Daily Tax Update: Treasury Secretary Testifies On President's Revenue Proposals.
Feb 04, 2004 ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, Treasury Secretary John Snow testified before the House Ways and Means Committee on President Bush's fiscal year 2005 revenue proposals. The President's budget contains approximately $1.1 ...
Land Registration Reforms - What You Need To Know.
Feb 04, 2004; ... Originally published in January 2004 Introduction The Land Registration Act 2002 ("the Act") came into force on 13 October 2003. The main elements of the Act are: 1. More interests in land to be registered The law has changed. Leases ...
Daily Tax Update: IRS Releases Fact Sheet On Return Preparer Fraud.
Feb 04, 2004 ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the IRS issued a fact sheet which provides suggestions for selecting a tax return preparer. The IRS recommends avoiding tax preparers who claim they can obtain larger refunds than other ...
OSFI Releases New Guideline for Federally Regulated Financial Institutions that Outsource Business Functions.(Office of the Superintendent of Financial Institutions )
Feb 04, 2004; ... The Office of the Superintendent of Financial Institutions ("OSFI") recently released for comment a draft of a new Guideline B-10 - Outsourcing of Business Functions. The new Guideline will apply to federally regulated financial institutions such as banks and insurance companies, ...
The Reforms To The Landlord And Tenant Act 1954.
Feb 04, 2004; ... Originally published in January 2004 From 1 June 2004 certain provisions of the Landlord and Tenant Act 1954 will change. The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 was made on 1st December 2003. Its provisions will come into force on 1st June ...
Performance Claims: Acing The "Adequate And Proper Test " Requirement.
Feb 05, 2004; ... This article was co-authored by Brenda MacDonald Performance claims are ubiquitous. Phrases like "new and improved," "consumers prefer" and "three out of four doctors recommend" bombard us as we watch television, listen to the radio or surf the web. Performance claims are ...
Images Of Patients.
Feb 05, 2004 ... Originally published February 2004 Beware the temptations of technology Thousands of video and picture messaging telephones will recently have been bought by individuals. It will be tempting to use this technology in the workplace but should the temptation be ...
SEC Report on Hedge Funds - Staff Recommendations.(Securities and Exchange Commission)
Feb 05, 2004 ... The Securities and Exchange Commission ("SEC") Chairman has released the much anticipated SEC Staff Report entitled "Implications of the Growth of Hedge Funds". The Report follows an investigation into the operations and practices of the largely unregulated US hedge fund industry conducted ...
SEC Issues Release Proposing Confirmation and Point of Sale Disclosure Requirements for Mutual Fund, UIT and 529 Plan Sales.
Feb 05, 2004 ... The SEC issued a release discussing new rules and form amendments approved at its January 14, 2004 meeting (discussed in the January 20, 2004 Alert (the "Proposal") that would introduce point of sale and additional confirmation disclosure requirements applicable to brokers, dealers and ...
Top Management Changes at Region 5 - New Directors Named for Air, Superfund and Waste Divisions - New Regional Counsel Expected.
Feb 05, 2004 ... Air and Radiation Division Steve Rothblatt was recently named Director of the Air and Radiation Division. This position had previously been filled by a series of acting directors, following the elevation of previous Air Director Barat Mathur to the position of Deputy Regional ...
Children: Capacity And Consent - A Summary Briefing.
Feb 05, 2004 ... Originally published in January 2004 The legal issues concerning children and Consent to Treatment are not always straightforward. This briefing provides a summary of the issues, albeit that in cases of difficulty, specific advice will be needed. Children are ...
Healthcare or Residential Care: The Assessment of Care Needs.
Feb 05, 2004 ... Originally published in January 2004 Assessment of care needs continues to be a difficult area. In addition to the obvious care issues, it also impacts on funding. Decisions on care needs by public authorities are susceptible to challenge by judicial review and have ...
SEC Issues Final Rules Amending the Rule 10b-18 "Safe Harbor" and Requiring Disclosure of Issuer Repurchases.(Securities Exchange Commission)
Feb 05, 2004 ... Pre-Amendment Scope and Conditions of Rule 10b-181 In adopting the Rule 10b-18 safe harbor in 1982, the SEC sought to address the following problem: while there are many legitimate business reasons for issuers to repurchase their own equity securities in open market transactions ...
Human Tissue Bill.(Brief Article)
Feb 05, 2004 ... Originally published in February 2004 The Queen's speech announced that new legislation is to be introduced to revise the existing law on the retention and use of human tissue and organs.The Human Tissue Bill will implement changes following the Bristol, Alder Hey and Isaac ...
New Requirements to Support Transaction Cost Deductions, and Proposed Changes for Tax Opinion Writers.
Feb 05, 2004 ... Deductibility of Transaction Costs A longstanding concept in federal income taxation is that a deduction is allowed to a taxpayer under Section 162(a) for ordinary and necessary expenses incurred in carrying on a trade or business. Recently published regulations address the ...
Freedom Of Information Act - Are you on track?
Feb 05, 2004 ... Originally published February 2004 The Freedom of Information Act 2000 (the Act) has a potentially huge impact on the NHS. It is vital that public authorities are aware of the rights and duties created by the Act and that they have the necessary procedures in place to be able to ...
Supreme Court Docket Report, October Term, 2003 - Number 8.
Feb 05, 2004 ... On January 20, 2004, the Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioner are due on Friday, March 5, 2004, and amicus briefs in support of the respondent are due on Monday, April 5, 2004. ...
Section 338(h)(10).(stock purchase and sale)
Feb 05, 2004; ... Originally published in October 2003. TABLE OF CONTENTS SECTION 338(h)(10) I. INTRODUCTION Generally, the result of a section 338(h)(10) election is to treat the purchase and sale of the stock of a target corporation as the purchase and sale of ...
Discrimination On The Grounds Of Sexual Orientation, Religion Or Belief.
Feb 05, 2004 ... Originally published in January 2004 It is now unlawful to discriminate against workers because of sexual orientation or religion or belief as a result of the Employment Equality (Sexual Orientation) Regulations and Employment Equality (Religion and Belief) Regulations which ...
Supreme Court Docket Report, October Term, 2003 - Number 7.(Public Notice)
Feb 05, 2004; ... By Miriam R. Nemetz and Craig Canetti On January 7th, 2004, the Supreme Court granted certiorari in three cases of potential interest to the business community. Amicus briefs in support of the petitioners are due on Monday, February 23, 2004, and amicus briefs in support of the ...
Audit Committees In The Brazilian Financial System.
Feb 05, 2004; ... By Walter Douglas Stuber 1 Pursuant to the regulations attached to Resolution 3081, of May 29, 2003, as amended by Resolution 3170, of January 30, 2004, both issued by the Brazilian Monetary Council, any financial institution or entity duly authorized to operate by the Central ...
Privileged Documents.
Feb 05, 2004 ... This article looks at recent case developments concerning document retention and legal advice privilege. Reviewing Policies Many companies will be viewing the latest bout of tobacco or obesity litigation and wondering whether such cases will affect them. Even if the ...
NYSE Publishes FAQs on Corporate Governance Listing Standards.(Newyork Stock Exchange)
Feb 05, 2004 ... Originally published January 29, 2004 By Edward S. Best, Michael T. Blair, James B. Carlson, Robert E. Curley, Scott J. Davis, Jeffrey I. Gordon, Robert A. Helman, Michael L. Hermsen, James J. Junewicz, Kenneth E. Kohler, PhilipJ. Niehoff, Elizabeth A. Raymond, Laura D. Richman, ...
Daily Tax Update: House Budget Committee Chairman: "Raising Taxes Not An Option".
Feb 06, 2004 ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the Director of the Office of Management and Budget Joshua Bolten testified before the Senate Budget Committee on the President's Fiscal Year 2005 budget. The President's budget calls for making permanent the tax cuts enacted ...
International Client Alert-January 2004.
Feb 06, 2004 ... SANCTIONS LIFTED FOR ANGOLA AND REVISED FOR IRAQ The Directorate of Defense Trade Controls ("DDTC") has amended the International Traffic in Arms Regulations (the "ITAR") to lift the embargo on shipment of items on the U.S. Munitions List to Angola. According to the agency, ...
IRS Amends Anti-Tax Shelter Regulations; Narrows Definition of Confidential Transactions.
Feb 06, 2004; ... On December 29, 2003, the Internal Revenue Service released amendments (the "Amendments") to its package of anti-tax shelter regulations (the "Regulations") that were originally adopted at the end of February, 2003. The Amendments, which are effective immediately, significantly limit the ...
German Tax Package 2004: A Summary.
Feb 06, 2004; ... By Joachim Borggafe, Dr. Thomas A. Jesch, Andreas Koster-Bockenforde, Dr. Andreas Striegel, Martin Weger and Dr. Matthias Kestler Effective January 1, 2004, the German Tax Legislation has been amended. For foreign investors, the tightened thin capitalization rules are certainly ...
Interpretation Of The Supreme People's Court On The Law As It Applies To Construction Disputes In China.
Feb 06, 2004 ... During December 2003, the PRC Supreme People's Court issued a consultation paper on the application of PRC law to the adjudication of construction disputes. The purpose of the consultation paper was to give guidance on the application of law to disputes arising out of construction ...
Japan's System Of Interlocking Shareholdings.
Feb 06, 2004; ... Executive Summary Japan's system of interlocking shareholdings is collapsing as Japan's banks move to isolate their reported capital ratios from equity market volatility. The system of cross-holdings has become unsustainable due to: a) the introduction of current ...
Commercial Litigation NetLetter-05 Februaury 2004.
Feb 06, 2004 ... HIGHLIGHTS A court may permit a trustee in bankruptcy to seek an oppression remedy in respect of a bankrupt corporation. Olympia & York Developments Limited (Trustee of) v. Olympia York Realty Corp., [2003] O.J. No. 5242 (C.A.). Visit Quicklaw to access the full ...
Privacy Complaint Moves Passenger Information Issue To Forefront At DOTA.
Feb 06, 2004; ... By John Gillick, Catherine Meyer, Josh Romanow and David Endersbee A formal complaint against Northwest Airlines by the Electronic Privacy Information Center (EPIC) has reignited a firestorm of controversy regarding airline passenger data and how it is shared and maintained. ...
Franchise Follies: Lessons In Licensing From The ACCC.(Australian Competition and Consumer Commission )
Feb 09, 2004; ... Licence or franchise? Two recent Australian Competition and Consumer Commission (ACCC) actions have highlighted the need to carefully consider whether the Franchising Code of Conduct (Code) governs commercial agreements such as intellectual property licences and distributorship ...
New Swedish Legislation on Right of Priority in Bankruptcies.
Feb 09, 2004; ... The current Swedish right of priority legislation, which is set forth in the Right of Priority Act (SFS 1970:979) was amended on 1 January 2004. The new legislation has been preceded by considerable disunion in the Swedish Parliament with several controversial questions being raised. So ...
Daily Tax Update - Treasury Issues Guidance To Clarify Treatment Of Environmental Remediation Costs.
Feb 09, 2004 ... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the Treasury Department and the IRS issued two revenue rulings to clarify the tax treatment of hazardous waste clean-up costs. Revenue Ruling 2004-17 clarifies that the money ...
NYSE Corporate Governance Requirements Finalized.(New York Stock Exchange)
Feb 09, 2004; ... By Luci Staller Altman, Andrew Beck and Daniel M. Miller Originally published in The Metropolitan Corporate Counsel January 2004 On November 4, 2003, the U.S. Securities and Exchange Commission approved new corporate governance rules for companies with securities ...