Mondaq Business Briefing back issues from March 2005:
New Code Of Practice Covering Recruitment Of Overseas Healthcare Staff.
Mar 01, 2005; ... Originally published December 2004 A toughened-up code on international recruitment - preventing hospitals from actively recruiting nurses and other healthcare professionals from developing countries - was unveiled on 8th December by Health Minister John Hutton. The code will ...
The Knotty Issue of Privilege in Competition Law in the EU and UK.
Mar 01, 2005; ... By Iandra McCallum (London) Privilege in competition law in and within the EU has always been a complex matter, not least because the issue of defining how wide the scope of privilege is and to which document privilege attaches is in itself complex. In addition, a further layer ...
Supreme Court Docket Report - 2004 Term, No. 7.
Mar 01, 2005; ... Originally Published February 22, 2005 On February 22, 2005, the Supreme Court granted certiorari in two cases of interest to the business community, which it consolidated. Amicus briefs in support of petitioners will be due on Friday, April 8, 2005, and amicus briefs in support ...
Canadian Securities Administrators Provide Clarification On Time For Delivering Annual Financial Statements.
Mar 01, 2005; ... The Canadian Securities Administrators ("CSA") recently issued a Staff Notice which provides clarification on the time for delivering annual financial statements and MD&A to securityholders under National Instrument 51-102 Continuous Disclosure Obligations ("NI 51-102"). Upon ...
Deloitte Weekly VAT News - Week ended 25 February 2005.
Mar 01, 2005 ... Corporate transactions and flotations - Improved VAT Recovery? Companies issuing shares will welcome the Advocate General's opinion in Kretztechnik AG, as he proposes the ECJ should find that the issue of shares in obtaining a stock market listing is ignored for VAT purposes and ...
Avoiding the Seven Deadly Sins of Turnaround Managers.
Mar 01, 2005; ... By Miles R. Stover, President, Turnaround, Inc. Turnarounds often fail for the "right reasons." There may be no existing core business, and the company does not deserve to be saved. Although no one enjoys seeing good people thrown out of their jobs, these cases leave little room ...
New Requirements for Labelling and Importation of Cosmetics.
Mar 01, 2005; ... Effective November 16, 2006, manufacturers of cosmetics that are sold in Canada must list the ingredients of their products on the product labels. This new Canadian requirement, which is similar to those in the United States and the countries of the European Union, is meant to improve ...
Communications Tower Siting: The FCC's Historic Preservation and Environmental Compliance Activities.
Mar 01, 2005; ... Originally published in Andrews Litigation Reporter: Telecommuniations Industry, Volume 8, Issue 13 / November 17, 2004 The Federal Communications Commission has continued implementing its "environmental and historic preservation action plan announced in May 2003.1 The plan's ...
Governance in Brief.
Mar 01, 2005 ... SEC May Delay s404 For Foreign Companies In brief: The Securities and Exchange Commission are considering giving foreign companies an extra year to comply with rules that require them to test and report on their internal controls. The delay would mean foreign ...
The Knorr-Bremse Decision and Opinions of Counsel in Patent Litigation.(Knorr-Bremse Systeme Fuer Nutzfahrzeuge Gmbh)
Mar 01, 2005; ... Until the Federal Circuit issued its en banc decision in Knorr-Bremse Systeme Fuer Nutzfahrzeuge Gmbh v. Dana Corp., 2004 WL 2049342 (Fed. Cir. Nos. 01-1357, 02-1221, -1256), if an opinion of counsel was not produced in patent infringement litigation in defense of an allegation of willful ...
United States v. Dairy Farmers of America - District Court Rejects Claim of Clayton Act Violation.
Mar 01, 2005; ... By Jay S. Brown & Michael P. Bodosky (Washington, D.C.) In August 2004, the U.S. District Court for the Eastern District of Kentucky issued its opinion concerning the Department of Justice's ("DOJ") suit against Dairy Farmers of America, Inc. ("DFA").1 The DOJ filed a complaint ...
Federal Circuit Revives Rule that Patent Grant Creates Presumption of Market Power.
Mar 01, 2005; ... The Federal Circuit recently revived the long-dormant legal canon that the possession of a patent creates a rebuttable presumption of market power - at least in tying cases brought under Section 1 of the Sherman Act.* Independent Ink, Inc. v. Illinois Tool Works, Inc., ___ F.3d ____, 2005 ...
Reviewing and Revising Corporate Interim Reporting - The half-time results.
Mar 01, 2005 ... Executive summary It is a truth that nothing in company reporting is simple these days. The above statement reads like an exam question to be followed by the word "discuss". For those studying what is happening in UK corporate interim reporting, the case for the ...
What Happens Now? Sentencing in Antitrust Cases After Booker.
Mar 01, 2005 ... On January 12, 2005, the United States Supreme Court handed down its much-anticipated decision in United States v. Booker1 and held that the mandatory scheme of the Federal Sentencing Guidelines (the "Sentencing Guidelines" or "Guidelines"), when coupled with its reliance upon judicial ...
IRS Offers Settlement for Stock Option Tax Shelter Transactions.(Internal Revenue Service)
Mar 01, 2005; ... On February 22, 2005, the IRS announced a settlement initiative regarding certain transactions in which an executive sells stock options to a family limited partnership. The IRS has apparently identified more than $700 million in unreported taxable gains with respect to these transactions ....
Courts Shift Position On Arbitration Clauses Precluding Punitive Damages.
Mar 01, 2005; ... Federal courts appear to be changing their position as to who should decide whether the preclusion of punitive damages in an arbitration clause is for the court or the arbitrator to decide. The changing law on the subject poses serious questions for businesses as to the utility of ...
New Rules on Financial Collateral Arrangements.
Mar 01, 2005; ... As a result of Hungary's accession to the European Union on May 1 2004, certain amendments were made to Hungarian law on the basis of the EU Financial Collateral Directive (2002/47/EC). In particular, creditor protection amendments relevant to the enforcement of financial collateral (known ...
The Brazilian Public-Private Partnership Program.
Mar 01, 2005; ... I - Introduction The expression Public-Private Partnership has become known worldwide by the acronym PPP. It's a joint venture between the public and private sectors with the sharing of risks and private funds for the delivery of services or projects of social interest. The PPP ...
Trial: What the Class Action Fairness Act Means for Your Business.
Mar 01, 2005; ... Article by Stanton D. Anderson, Daniel A. Curto, Donald R. Frederico and Michael A. Pope A company's success, and in some cases its survival, can depend on how well it manages legal risk. In general, the more rational and predictable a company's legal exposure, the more ...
$22.4 Million FLSA Settlement For Contract Janitors.(Fair Labor Standards Act)
Mar 02, 2005 ... A recent $22.4 million tentative settlement entered into by three California grocery chains and 2,100 illegal alien contract janitors is another example of the success plaintiffs are having with the record number of Fair Labor Standards Act (FLSA) collective actions being filed against ...
Foreign Loans To South African Residents - Some Tax Considerations.
Mar 02, 2005; ... By Prof Peter Surtees (Special Tax Consultant) and Sune Millard (Associate) Introduction South Africa's return to the international community in 1994 has seen an increase in the number of foreign investors investing in South African companies. Such inward investment ...
SWEET FEET not genuine.(trade mark registration for "foot and shoe deodorant")
Mar 02, 2005; ... By Christopher Benson, senior associate, IP department and Head of Trademark prosecution A UK trade mark registration for the mark SWEET FEET (for "foot and shoe deodorant") has recently been revoked on the basis that the mark was not put to genuine use in the UK for a period of ...
NVOCCs Enter the Modern World with Contract Freedom.(non-vessel operating common carrier)
Mar 02, 2005; ... by Steven W. Block, February 2005 Reprinted with permission from Marine Digest and Transportation News Late last year, the non-vessel operating common carrier (NVOCC) segment of the ocean transportation intermediary industry plucked an arm from the stockade of ...
FDIC, OCC and FRB Issue Revised Proposed Changes to Community Reinvestment Act Rules; OTS Issues Final Rule Granting Large Thrifts Flexibility to Choose Weights Assigned to CRA Lending, Investment and Service Tests.(Federal Deposit Insurance Corporation Inc., Federal Reserve Board, and Office of the Comptroller of the Currency)
Mar 02, 2005 ... The FDIC and OCC jointly and the FRB, separately, (collectively, the "Agencies") issued substantially identical Notices of Proposed Rulemaking (the "NPRs"), concerning proposed revisions to the Agencies' regulations implementing the Community Reinvestment Act ("CRA"). The NPRs state that ...
Foreign Banks Poised To Invest In Turkish Banking Sector.
Mar 02, 2005 ... Lack of sufficient regulatory control over banks was one of various factors that led to Turkey's most recent economic crises. Following a phase of sustained deflation in 2001, the need for a stricter monitoring system became evident, and the Turkish government has taken some concrete steps ...
NLRB Restores Prior Law on Union Representation of Agency Temps.(National Labor Relations Board)
Mar 02, 2005 ... In another important decision for employers who jointly employ temporary workers provided by a personnel staffing agency, a 3-2 Board majority has held that the employer and agency must both consent before an election can be conducted in a unit comprising the employer's regular employees ...
California's "Tax Amnesty": What Every California Taxpayer Should Know.
Mar 02, 2005 ... On August 16, 2004, California enacted a tax amnesty ("Amnesty Program") covering both sales and use taxes and personal and corporate income taxes.1 The stated purpose of the Amnesty Program is to accelerate revenue as well as raise new revenue for California. The Senate Budget and Fiscal ...
IRS Issues News Flash That Highlights Complexities of Automatic Cashouts for Plan Sponsors.(Internal Revenue Service)
Mar 02, 2005; ... Ariticle by Paul M. Hamburger, Natalie M. Nathanson and Todd A. Solomon On February 16, 2005, the Internal Revenue Service (IRS) issued a News Flash regarding plan amendments intended to comply with the new automatic rollover provisions. The new automatic rollover provisions ...
Tax Benefit Granted To Wrongful Discrimination Plaintiffs.
Mar 03, 2005 ... Originally published 11 November 2004 In the recently-enacted American Jobs Creation Act of 2004 (P.L.108-357), a new subsection was added to the Internal Revenue Code for the purpose of ensuring that plaintiffs who win awards or settlements in certain civil rights cases and ...
California Supreme Court Invalidates Use Of Workers' Compensation Settlement To Release Non-Workers'compensation Claims.
Mar 03, 2005 ... Originally published 3 September 2004 In Claxton v. Waters, the California Supreme Court recently placed severe limitations on the scope of standard workers' compensation settlement agreements. Specifically, the Court ruled that the standard preprinted form used to settle ...
Military Leave Amendments And New Posting Requirement Now In Effect.
Mar 03, 2005 ... The Uniformed Services Employment and Reemployment Rights Act ("USERRA") of 1994 is a federal law that protects the job rights of and ensures reemployment of individuals who voluntarily or involuntarily leave employment positions to undertake military service (including veterans, ...
California Court Holds That Employer May Charge Back Advanced Commissions When Agreed Upon Conditions Are Not Fulfilled.
Mar 03, 2005 ... In Steinhebel v. Los Angeles Times Communications, a California Court of Appeal recently held that an employer may legally charge back advanced commissions in the event agreed upon conditions are not satisfied. In this case, the plaintiffs, former telesales employees for the ...
Lender Offers In Korea - New Shares Issued By Purchaser As Consideration.
Mar 03, 2005; ... By Moon Sung Lee, Partner, Lee & Ko 1. Introduction In principle, the consideration for a tender offer under the Securities and Exchange Act ("SEA") is cash. However, it is not clear whether a tender offer in exchange for other securities, i.e. an "exchange offer", ...
National Minimum Standards (Care Homes).
Mar 03, 2005 ... Originally published November 2004 Government announce review The government has recently announced that it will be proceeding with a review of care home standards. Ministers have promised that the National Minimum Standards (NMS) would be reassessed within three ...
If you are Thinking of Negotiating With Another Company Think "Due Diligence".
Mar 03, 2005; ... Corporate subsistence, in an economy that each day becomes more competitive, dynamic and integrated to the global world in which we live, has exponentially increased corporate mergers and alliances, together with similar transactions, such as stock acquisitions from one company for ...
Asperger Syndrome in Military Service.
Mar 03, 2005; ... Roger N. Meyer Copyright [c] 2005 All Rights Reserved Introduction This article addresses specific aspects of Asperger Syndrome as manifested by personnel in military service. To the best of the author's knowledge, this is the first article addressing this ...
A General Counsel's Guide to Avoiding the Healthcare Antitrust Minefield.
Mar 03, 2005 ... In July 2004, following several months of hearings, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice jointly issued a report-entitled "Improving Health Care: A Dose of Competition" (the Report)-that addressed two basic questions. First, what ...
Congressional Report Proposes Dramatic Changes For Nonprofit Organizations.
Mar 03, 2005; ... In a recent congressional report, the Joint Committee on Taxation (the "Committee") found that tax abuses are costing the federal treasury more than $370 billion in lost revenue annually.1 The 430-page report, entitled "Options to Improve Tax Compliance and Reform Tax Expenditures," ...
Ontario's New 'HIP' Act.
Mar 03, 2005; ... Article by Veera Rastogi, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Privacy - February 2005 As of November 1, 2004, the Canadian privacy landscape may have become even more complex for organizations in Ontario ...
UPDA Updated 401(K) Plan Regulations Finalized.
Mar 03, 2005; ... Updated final regulations were recently issued covering 401(k) plans. Pre-tax contributions made by 401(k) plan participants are tested for discrimination each year under the actual deferral percentage (ADP) test under Section 401(k) of the Internal Revenue Code of 1986, as amended (the ...
Disability Discrimination: The New Provisions.
Mar 03, 2005 ... Several amendments to the Disability Discrimination Act 1995 (the "DDA") came into force on 1 October 2004. The following is a brief summary of the new provisions. CHANGES TO THE DEFINITION OF DISCRIMINATION The DDA now draws a distinction between direct ...
Federal Court Of Appeal Weighs In On Privacy And Consent.
Mar 03, 2005; ... Article by Elizabeth McNaughton, Ian Hay and Veera Rastogi, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Privacy - February 2005 The first detailed substantive decision of an appeal court on Canada's Personal ...
Bonus: The Exercise Of Employer's Discretion.
Mar 03, 2005; ... The decision of the Court of Appeal in Horkulak v Cantor Fitzgerald highlights clearly the importance of carefully drafting bonus clauses and that an employer's discretion may not be as wide as they would hope. HIGH COURT DECISION Mr Horkulak, a former senior ...
Employment Law: Without Prejudice?
Mar 03, 2005 ... When faced with an underperforming employee, the offer of a pay-off in an "off the record" chat may sometimes appear to be the best option to avoid the stresses, strains and management time involved in the performance improvement procedure. A meeting may be called where settlement options ...
Fixed-Term Contracts: A Round-Up Of Recent Cases.
Mar 03, 2005 ... There have been two notable decisions involving fixed-term employees in recent months, both of which provide much needed guidance on the interpretation of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (the "Regulations"). WHAT IS A ...
Canada Enhances Tax Incentives For Green Energy Projects.
Mar 03, 2005; ... Article by Bill Maclagan, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Taxation - March 2005 For a number of years, Canada has offered tax incentives to encourage the development of efficient or so-called Green ...
Patent Litigation: Choosing Between the United States and Canada.
Mar 03, 2005; ... Published in The Metropolitan Corporate Counsel, February 2005. Multinational companies must plan for, obtain and enforce large portfolios of intellectual property in every commercially significant jurisdiction. Owners of intellectual property around the world have become aware ...
Constitutional Relief vs. Recent Health Law Decree.
Mar 03, 2005; ... Article by Jose Luis Duarte Cabeza and Jose Antonio Perez Estrada Just before February 25, 2005, Article 376 of the General Health Law provided that sanitary registrations before the Ministry of Health to which medicaments, stupefacient, psychotropic substances and products ...
Supreme Court Grants Petition for Writ of Certiorari in Merck KGaA v. Integra Lifesciences I Ltd.
Mar 04, 2005 ... On January 7, 2005, the United States Supreme Court agreed to accept review of the decision in Merck KGaA v. Integra Lifesciences I Ltd., 331 F.3d 860 (Fed. Cir. 2003). The Supreme Court is expected to determine whether the drug-research safe harbor (35 U.S.C. 271(e)(1)) protects ...
New York Adopts New Audit Policy On Employer Withholding For Nonresidents.
Mar 04, 2005 ... On September 17, 2004, the Audit Division of the New York State Department of Taxation and Finance ("Division") issued revised withholding tax field audit guidelines ("Revised Guidelines"). The Revised Guidelines set forth, among other provisions, several new audit policies relating to an ...
Supreme Court Decision Imperils Voluntary Environmental Cleanups.
Mar 04, 2005 ... Originally published February 28, 2005 Property owners and prospective purchasers of contaminated properties should carefully assess their strategies for managing environmental risk in light of a recent United States Supreme Court decision that changes previously settled rules ...
The Truck Stops Here: New Jersey Special Projects Investigators Stop Trucks on New Jersey Highways.
Mar 04, 2005 ... Companies that deliver goods into New Jersey on their own trucks beware. New Jersey's Division of Taxation ("Division") Special Projects Investigators are waiting for you at New Jersey highway truck stops. Trucks, and the companies that deliver using their trucks, are the targets. ...
FCC Clarifies Telemarketing Rules.
Mar 04, 2005 ... On February 18, 2005, the Federal Communications Commission released its Second Order on Reconsideration (Order) in its rulemaking proceeding implementing the Telephone Consumer Protection Act of 1991 (the TCPA). The Order denies nearly all of the dozens of requests that the FCC reconsider ...
FTC Amends HSR Rules on Treatment of Unincorporated Entities.(Hart-Scott-Rodino Antitrust Improvements Act of 1976)(Federal Trade Commission)
Mar 04, 2005 ... Contents Old Rules vs. New Rules Acquisitions of Interests in Existing Unincorporated Entities Formation of Unincorporated Entities Exemptions Applicable to Unincorporated Entities The Federal Trade Commission has approved for ...
Federal Circuit Presumes Patent Power Equals Market Power.(Patent infringement case between Independent Ink Inc. and Illinois Tool Works)
Mar 07, 2005 ... Over the past two decades, there has been a general consensus that courts and antitrust agencies should not presume that a patent conveys market power under the Sherman Act. For instance, the U.S. Department of Justice stated in its Antitrust Guidelines for the Licensing of Intellectual ...
Lessons from Recent Trade Mark Decisions.
Mar 07, 2005 ... By Mike Clarke, Graduate Paralegal and Noric Dilanchian, Managing Partner To brainstorm, select, design or register a trade mark there's a lot to be said for working at the outset with a multi-disciplinary team capable of thinking in design, marketing and legal terms. ...
Objective Criteria Fail to Overcome Prima Facia Obviousness.
Mar 07, 2005 ... In a ruling that effectively shortens the period of patent protection for Merck & Co., Inc.'s (Merck) second-biggest seller in a decade, the U.S. Court of Appeals for the Federal Circuit reversed and vacated a lower court ruling and held that Merck's U.S. Patent No. 5,994,329 (the `329 ...
Title VII Update: Court Validates Comprehensive Anti-Harassment Policy and & "Swift and Effective" Response.
Mar 07, 2005 ... Under Title VII of the Civil Rights Act of 1964, an employer may be liable for sexual harassment by a supervisor with authority over the victimized employee. When no tangible employment action against the employee is involved, the employer may raise an affirmative defense to liability that ...
Supreme Court Hears Trademark Fair Use Case.(between KP Permanent Make-Up Inc. and Lasting Impression I Inc.)
Mar 07, 2005 ... On October 5, 2004, the U.S. Supreme Court (Supreme Court) heard oral argument in a case involving the relevance of confusion for the fair use defense to trademark infringement (KP Permanent Make-Up, Inc. v. Lasting Impression I Inc., U.S. No. 03-409). The KP Permanent Make-Up case raises ...
Borden Ladner Gervais LLP Expands Government Relations Practice.(Gar Knutson)(Stephen Andrews )
Mar 07, 2005 ... The Honourable Gar Knutson, P.C., and Dr. Stephen Andrews join BLG's Government Relations Group Toronto, Ontario February 10, 2005 - Sean Weir, National Managing Partner of Borden Ladner Gervais LLP, one of Canada's leading full-service national law firms, is pleased to announce ...
Freehills Announces the Appointment of Gavin Bell as new CEO.
Mar 07, 2005 ... Freehills' Chairman, Geoff McClellan, announced today the appointment of Gavin Bell to the position of Chief Executive Officer, effective from the end of the firm's financial year in June 2005. In making the announcement, Mr McClellan said, 'Mr Bell's appointment follows a ...
No Prospectus No Deal?(Corporation law)
Mar 07, 2005; ... Article by David Pinnock and Quintin Honey The South African corporate world recently stood in trepidation of a momentous decision by the Supreme Court of Appeal ("SCA") which could have resulted in most, if not all, share for share offers made to shareholders of public ...
Warn Act: New Illinois Law Tougher on Employers than Feds.(Illinois. Worker Adjustment and Retraining Notification Act)
Mar 07, 2005 ... The New Year brings expanded obligations to Illinois employers contemplating large-scale layoffs and plant closings. Effective January 1, 2005, the Illinois WARN Act ("IL-WARN") applies to some employers not covered by the federal WARN Act ("USWARN"). In a number of respects, IL-WARN also ...
Communications Law Bulletin - February 2005.(interexchange carriers )
Mar 07, 2005 ... The Month In Brief February saw the beginning of developments in the industry that may prove historic as they unfold through the year. Notably, the announcements that AT&T Corp. ("AT&T") and MCI Inc. ("MCI") will be acquired by Bell operating companies -- if those transactions ...
Drawing the Line: National Security Hurdles to Foreign Investment in the United States.
Mar 07, 2005 ... The United States has long served as a favorite destination for foreign investors. While U.S. national security concerns have been raised from time to time, such considerations seldom have served as a major impediment to foreign investment. In a post-9/11 world, however, national security ...