Mondaq Business Briefing back issues from October 2005:
Lobbyist Registration Act.
Oct 03, 2005 ... Originally published June 2005 Effective June 20th, 2005, amendments to the Lobbyist Registration Act and related regulations have come into effect. In light of these significant changes, and pursuant to the issuance of three Interpretation Bulletins and an advisory opinion by ...
Timely Boost for Renewables in China.
Oct 03, 2005 ... Originally published 19th August 2005 The recent passing of the 'Renewables Law' is set to turn China into a global heavyweight in the future development of the renewable energy sector. According to estimates, China's energy consumption is expected to top 3 billion ...
No Clear and Unmistakable Surrender Where USPTO May Have Had Alternate Grounds for Allowing Claim.(AquaTex Industries, Inc)(Techniche Solutions)
Oct 03, 2005 ... The U.S. Court of Appeals for the Federal Circuit has shed some additional light on the application of prosecution history estoppel under Festo to certain narrowing claim amendments. Specifically, the Court held that where a narrowing amendment is made to one feature in a claim and a ...
Board Must Consider Rebuttal Evidence to New Ground of Rejection.
Oct 03, 2005 ... Addressing the issue of whether the Board of Patent Appeals and Interferences (the Board) must consider evidence submitted by the applicant during the appeal to rebut a position taken by the Board that was not presented during prosecution, the U.S. Court of Appeals for the Federal Circuit ...
Rotating Seat Slides Away From Patent Holder.
Oct 03, 2005 ... In another narrow application of the doctrine of claim element vitiation, the U.S. Court of Appeals for the Federal Circuit held that an accused product having a "rotatably mounted" movable end did not infringe patent claims reciting a "slidably mounted" element under the doctrine of ...
Insurance Law Update - August 2005.
Oct 03, 2005 ... Contents California Supreme Court Affirms Insurers' Right to Reimbursement - By Joseph Pelochino Massachusetts Supreme Court Addresses Insurance Requirements for Employee Leasing Companies - By Vanessa O'Brien Claims of Abuse and Bodily Injury Considered ...
New court rules on disclosure - are your electronic documents in order?
Oct 03, 2005 ... As from today, new guidance on the exchange of electronic documents in the disclosure process forms part of the Civil Procedure Rules. The guidance will impact on the way parties deal with electronic documents in litigation. It may also have wider implications on a party's document ...
First insurance scheme sanction by English Court since BAIC.(British Aviation Insurance Company Limited)
Oct 03, 2005 ... The judge who refused to sanction the British Aviation Insurance Company Limited (BAIC) Scheme, has now sanctioned a Scheme promoted by 18 Dutch insurance companies. This is the first Scheme to be sanctioned by the English Court since the BAIC judgment in July 2005. The judgment proves ...
Drug Manufacturer Rebates to PBM for Exclusive Formulary Listing Do Not Violate the Sherman Act.
Oct 03, 2005 ... A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer's rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs' drug formulary violated Section 1 of the Sherman Act. The ...
FERC Slams Door on Interlocking Officer and Director Rules.(Federal Energy Regulatory Commission)
Oct 03, 2005 ... The Federal Energy Regulatory Commission ("FERC") slammed a door in the face of those pleading for leniency in complying with its officer and director interlock rules. Adopting final rules, effective October 24, 2005, FERC emphasized again that no prohibited interlock can be assumed unless ...
Income Tax and VAT Reforms.
Oct 03, 2005; ... By Ricardo A. Cevallos, Rodolfo Perez and Omar Martinez The Tax Code is the general tax law in El Salvador, but two additional laws regulate specific types of taxes: the Income Tax Law and the Value Added Tax (VAT) Law1. Recent reforms have amended these laws - this update ...
Antitrust and the 2005 Supreme Court Term.
Oct 03, 2005 ... As the first Monday in October approaches, the business community should be paying more attention than usual to the start of the 2005-2006 Supreme Court term. In addition to a new Chief Justice, the Court has a substantial antitrust docket for the first time in many years. Even more ...
Understanding U.S. Electronic Discovery and "Best Practices" Therefore.
Oct 03, 2005 ... Discovery requests for electronic discovery can be a nightmare. Whether in a regulatory investigation or in a patent infringement lawsuit, those seeking information typically request years of e-mails and assume that such electronic discovery is available at the push of a button. Of course, ...
Senate Approves New Regulations on Internet Services.
Oct 03, 2005; ... By Alberto Maria Lasheras-Shine and Emilio Beccar Varela On May 18 2005 the Senate approved Law 26,032 on Internet Services in order to include the search, receipt and dissemination of information and ideas through the Internet within the constitutional guaranty that safeguards ...
ANEEL Prepares for Next Round of Electricity Auctions.(Brazilian Electricity Agency )
Oct 03, 2005; ... By Ricardo Barretto and Milene Coscione The Brazilian Electricity Agency (ANEEL) has made available on its website a proposed notice of the third and fourth auctions for the purchase of electricity from existing generator enterprises. A proposed invitiation to bid and contract ...
Health Plans Must Provide Notice on Medicare Part-D Creditable Coverage.
Oct 03, 2005; ... By Nicole Bogard (Fort Lauderdale) Originally published October 2005 By November 15, 2005, group health plans offering prescription drug coverage to retirees and active employees who are entitled to Medicare must provide a notice to them indicating whether the plan's ...
Video Surveillance of Employees and Private-Sector Privacy Legislation.
Oct 04, 2005 ... This article was originally published in Blakes Bulletin on Labour & Employment in September 2005 Article by Brian Thiessen & Jessica Bullock, [c]2005 Blake, Cassels & Graydon LLP Video surveillance of employees constitutes the collection of personal information and ...
The FSA, Compliance and Anti-money Laundering Controls.(Financial Services Authority)
Oct 04, 2005 ... Originally published August 2005 In the last few weeks it has become clear that the Financial Services Authority has a renewed focus on private equity firms, their compliance and anti-money laundering controls. It has found a number of shortcomings in practice and is planning a new round ...
Human Rights Challenge Causes Discord in the Court of Appeal.
Oct 04, 2005 ... Originally published September 2005 The Human Rights Act, which incorporates the European Convention on Human Rights into UK law, came into force on 2 October 2000. At the time there was considerable speculation about its likely impact on employment law. In the event the Act has ...
Implementation of the Electricity Directive.(Electricity Act )
Oct 04, 2005 ... The government has recently presented a bill1 for the implementation of the revised EU Electricity Directive (2003/54/EC). The changes mainly concern the Electricity Act.2 Since Sweden reformed its electricity market in 1996, the government must implement only a limited number of the ...
Draft Prudential Governance Standard For APRA-Regulated Institutions.(Australian Prudential Regulation Authority)
Oct 04, 2005 ... In May 2005 the Australian Prudential Regulation Authority (APRA) released a draft Prudential Standard and an associated discussion paper on the governance of APRA-regulated institutions. The draft standard sets out the minimum governance requirements that all authorized deposit-taking ...
Tax Uncertainty: New Hydrocarbon Law under the Microscope.
Oct 04, 2005; ... By Riccardo Indacochea, Iver Von Borries and Alonson Indacochea On March 21 2005 the Bolivian Senate again considered the controversial Hydrocarbon Law, which has divided the country in half and was a key reason behind President Carlos D Mesa's decision to submit his resignation ...
Revision Of Tax Allowances In Respect Of Movies.
Oct 04, 2005 ... SARS recently published a draft legislation that will deal with tax allowances to be claimed in respect of production costs and post production costs in respect of films. Even though a film owner can still claim a film allowance in respect of production costs and post production costs ...
European Application Of UNCITRAL Model Law On Arbitration.(United Nations Commission on International Trade Law)
Oct 04, 2005 ... 1. Introduction Arbitration as a means of settling commercial disputes between parties of different nationalities has been a popular and successful alternative to national courts for decades. Parties entering into economic agreements often include arbitration clauses in their ...
Practical Steps for Directors to Consider After Disney.
Oct 04, 2005; ... Originally published October 3, 2005 By Brian E. Pastuszenski, Ettore A. Santucci and Christine S. Chung Overview On August 9, 2005, after a 37-day trial, the Delaware Chancery Court issued an important decision in the eight-year-old shareholder derivative ...
Third Circuit Raises the Bar for Substantive Consolidation.
Oct 04, 2005 ... The substantive consolidation of two or more entities is an important tool available to a bankruptcy court overseeing the cases of related companies whose financial affairs are hopelessly entangled or whose separate corporate identities otherwise have been disregarded by those in control ...
Supreme Court Provides New Penalties for Due Process Violations.
Oct 04, 2005 ... Introduction Philippine labour laws distinguish between two categories of employer-initiatedterminations: (i) those involving blameworthy conduct (eg, serious misconduct, fraud, breach of trust, and gross and habitual neglect); and (ii) those involving ...
Employment Briefings Alert - August 2005.(Taylor v. Progress Energy, Inc)
Oct 04, 2005 ... U.S. Court of Appeals Holds Employees May Not Waive Claims Under FMLA In Taylor v. Progress Energy, Inc., the U.S. Court of Appeals for the Fourth Circuit held that - without prior Department of Labor or court approval - an employee may not prospectively or retrospectively ...
Environment calendar - October 2005.
Oct 04, 2005 ... The environment calendar highlights key dates for proposed and existing legislation and policy and closing dates for consultation papers relating to major environment issues in the EU and England. It will provide a useful tool for environment managers tracking new legislation ...
Supreme Court Docket Report - 2005 Term, No. 1.
Oct 04, 2005; ... By Charles Rothfeld and David Gossett Originally published September 27, 2005 Recently the Supreme Court granted certiorari in two cases of interest to the business com-munity. Amicus briefs in support of the petitioners will be due on November 14, 2005, and amicus ...
Naming an expert - the risks.(Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou)
Oct 04, 2005 ... Over the summer you may have missed our article in Insurance Day which discusses the Court of Appeal decision in Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou and the new Protocol for the Instruction of Experts. To view the article in full, please see below: ...
Changes to CBCA and OBCA Now Enable U.S. GAAP Reporting for Cross-Listed Issuers.(Canada Business Corporations Act)(Ontario Business Corporations Act)
Oct 04, 2005 ... These amendments make the requirements of the federal and Ontario corporate statutes consistent with the changes to Canada's securities law regime adopted over a year ago, offering companies that are incorporated in these jurisdictions and listed in the U.S. greater flexibility in their ...
Investment Funds in the Cayman Islands , British Virgin Islands and Bermuda.
Oct 04, 2005 ... The offshore funds market is growing rapidly and the Cayman Islands ("Cayman"), the British Virgin Islands ("BVI") and Bermuda have become the pre-eminent jurisdictions for the establishment of investment funds. Cayman alone boasts over 6,000 regulated funds, the greatest number of any ...
From Deepsouth Shrimp to Microsoft Windows: Exporting Components of Patented Inventions under 35 U.S.C. s. 271(f).
Oct 04, 2005 ... For many years Congress and the courts have struggled to maintain the delicate balance between encouraging innovation via the patent laws on the one hand, and using those same laws to stifle the development and marketing of products in the United States on the other. A series of recent ...
Failure to Provide a Reason for a Narrowing Amendment Leads to Forfeiture.
Oct 04, 2005 ... The U.S. Court of Appeals for the Federal Circuit, affirming a summary judgment decision, found that the accused fertilizer did not infringe either directly or under the doctrine of equivalents as the aggregate amount of its phosphorus compounds exceeded the claimed range. Biagro Western ...
After Phillips, Panel Decision Pits Dictionary Definitions and Plain Meaning Against the Intrinsic Evidence.
Oct 04, 2005; ... Illustrating the extent to which the Phillips decision is likely to alter claim construction in the future, a panel of the U.S. Court of Appeals for the Federal Circuit, on reconsideration, reversed its earlier decision on several claim construction issues, essentially adopting the ...
CAT imposes competition remedy on Genzyme.(Competition Appeal Tribunal, Genzyme Limited)
Oct 04, 2005 ... On 29 September 2005 ,the Competition Appeal Tribunal (CAT) gave its judgment on the remedy to be imposed on Genzyme Limited, following the CAT's earlier decision on the merits of the case (which found that Genzyme had infringed UK competition law in pricing its Cerezyme drug and homecare ...
Deliotte Weekly VAT News - Week ended 30 September 2005.
Oct 04, 2005; ... Companies with overseas branches - no VAT on inter-branch services? International companies will be pleased with the opinion of the ECJ's Advocate-General in the case of FCE Bank, as it concurs with the UK's practice of disregarding cross-border charges between branches of the ...
Top Ten Myths About Trade-Marks.
Oct 04, 2005; ... Article by Sharon Groom and Terry Chan I have registered a business name so I don't need to register a trade-mark. Registering corporate and business names offers little protection within, and no protection outside, the jurisdiction in which the name is registered ....
Transfer Pricing and Private Equity - Guidance Issued.
Oct 05, 2005 ... Originally published September 2005 The March 2005 announcement that the transfer pricing legislation would be widened to catch more private equity transactions has caused concern and uncertainty in the private equity industry. The legislation was finally enacted in July in the ...
Court Finds SEC's Enforcement Action Against Siebel Systems Was "Overly Aggressive" Interpretation Of Regulation FD.(Securities and Exchange Commission)
Oct 05, 2005 ... "Excessively Scrutinizing" Executives' Words Can Chill the Public Disclosure Reg FD Was Meant to Encourage In the first reported decision dismissing a Securities and Exchange Commission ("SEC") enforcement action under Regulation Fair Disclosure ("Reg FD"), the Southern District ...
Data Security Breaches - What You Need to Know Now.
Oct 05, 2005 ... Originally published October 4, 2005 Executives of financial services firms--as well as consumers-- are painfully aware of well-publicized security breaches over the past several months. Driven in large part by disclosures made to consumers in the wake of passage of a California ...
Leave-Based Donation Programs Facilitate Hurricane Katrina Relief Efforts.
Oct 05, 2005 ... In the past month, residents of the Gulf Coast region have suffered extreme hardship following the unprecedented damage and destruction caused by Hurricane Katrina. Americans across the country have answered the call to help once again, and aid is pouring in. Leave-based ...
Employment Law changes effective 1 October 2005.
Oct 05, 2005 ... There are a number of changes taking effect from 1 October which will impact on employers. The key changes include: Changes to sex discrimination laws The Employment Equality (Sex Discrimination) Regulations 2005 came into force from 1 October. These amend ...
HM Treasury proposals create new challenges for personal pension providers.
Oct 05, 2005 ... As part of the move to simplify pension provision, the Treasury is proposing to create a new FSA regulated activity in relation to personal pension schemes, including SIPPs. Under the proposals put forward in a consultation paper published on 30 September establishing, operating ...
Duty To Accommodate - Recent Quebec Decisions.
Oct 05, 2005; ... This article was originally published in Blakes Bulletin on Labour & Employment in September 2005 Article by Natalie Bussiere, [c]2005 Blake, Cassels & Graydon LLP Over the last few years, Quebec courts and tribunals have rendered many interesting decisions ...
Legal Challenges in Converting to Defined Contribution Pension Plans.
Oct 05, 2005; ... This article was originally published in Blakes Bulletin on Pension & Employee Benefits in September 2005 Article by Caroline Helbronner & Elizabeth Boyd, [c]2005 Blake, Cassels & Graydon LLP Employers that want to provide defined contribution pension plans (DCPPs) ...
Good News for Potential IPOs.
Oct 05, 2005 ... Late last week the SEC announced the extension of compliance dates for Sarbanes-Oxley Section 404 reports by nonaccelerated filers until their first fiscal year ending after July 15, 2007. This is welcome news for smaller public companies. In addition, the announcement has special ...
Pension Law Regulatory Update and New Case Developments.
Oct 05, 2005; ... This article was originally published in Blakes Bulletin on Pension & Employee Benefits in September 2005 Article by John Solursh, [c]2005 Blake, Cassels & Graydon LLP In 2005, the law on pensions and employee benefits has continued to see significant changes ...
Court Fee Reduced by Popular Demand.(Brief Article)
Oct 05, 2005 ... Until recently, plaintiffs in Denmark had to pay a fee of 2.0% of the amount they were claiming in court. An additional fee of 0.4% of the claim was payable when the date of the hearing was fixed - this fee was repayable if the claim was withdrawn at least six weeks before the hearing ...
Sweeping New Rules Apply to Securities Offerings by Technology and Life Science Companies.
Oct 05, 2005 ... A major modernization of federal regulations that apply to registered securities offerings takes effect december 1, 2005. The changes include welcome improvements to current rules, as well as new concepts that may, over time, fundamentally alter how some registered offerings are conducted ....
Quebec Court of Appeal Leaves Door Open to Arbitration of Consumer Disputes.
Oct 05, 2005; ... Article by Babak Barin, Helen Ferrigan and Randy Pepper In Dell Computer Corporation v. Union des consommateurs, the court's comments suggest that a consumer contract that provides for arbitration as the exclusive method of dispute resolution may be upheld in Quebec if the terms ...
What are You Doing to get Ready for Civil Liability in the Secondary Market?
Oct 05, 2005 ... Article by Jean M. Fraser, Larry P. Lowenstein, Andrew MacDougall, Douglas R. Marshall, Robert M. Yalden and Jacqueline R. Code The Ontario government has proclaimed amendments to the Ontario Securities Act to create new causes of action for disgruntled investors in the ...
Publication of IRC Section 409A Proposed Regulations.
Oct 05, 2005 ... On September 29, 2005, the Treasury Department released the much anticipated Proposed Regulations to Section 409A of the Internal Revenue Code (the "Proposed Regulations"). This is a summary of some of the more relevant points of the Proposed Regulations with respect to the equity ...
The Flexible Working Request.
Oct 05, 2005 ... A recent case involving British Airways has highlighted some of the difficulties for employers in flexible working arrangements. The case demonstrates that mistakes can be made even by large employers, leading to costly claims and giving rise to damaging publicity. Employers, both large ...
Phillips Decision Is Applied in Construing "Downloadable Component".
Oct 05, 2005 ... The U.S. Court of Appeals for the Federal Circuit upheld a claim construction and summary judgment grant of non-infringement by Windows Media Player of a patent directed to a method and system for purchasing electronic information, such as software or audio files, over a computer network ....
Official Fees for IP Protection.
Oct 05, 2005 ... On December 23 2004 the Cabinet of Ministers approved Decree 1716, which sets out regulations on the official fees for IP protection. The decree will enter into force on February 5 2005. The rates of the official fees are established both in Ukrainian hryvnia and in euros. The ...
Admitted Prior Art May Limit Claim Construction.
Oct 05, 2005 ... The U.S. Court of Appeals for the Federal Circuit, applying the recent Phillips decision, upheld summary judgment of non-infringement of Terlep's patent for omni-directional light-emitting diode (LED) lamps based on the Court's construction of the claim term "clear." Terlep v. The ...
TiVo Pauses Infringement Claims (Web Only).
Oct 05, 2005 ... Addressing the issues of claim construction, the U.S. Court of Appeals for the Federal Circuit upheld a summary judgment of non-infringement against Tivo Inc. based on limitations to a claim element imposed by the claim considered as a whole. Pause Technology LLC v. TiVo Inc., Case No ....
Hot Air Becomes Reality.
Oct 05, 2005 ... Entry into Force of MARPOL Annex VI Requirements On May 19 2005 the first wave of requirements under the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex VI - environmental regulations imposing global and regional limits on air emissions from ...
Banking Act Allows for Joint Banking Register.(Brief Article)
Oct 05, 2005 ... Under the Banking Act, banks and branches of foreign banks can establish a Joint Banking Register which will facilitate the preparation, conclusion and performance of clients' trades and evidence the activities of banks and branches of foreign banks. After the register is ...
Exemption Method in Payment of Dividends.(Brief Article)
Oct 05, 2005 ... According to Article 4 of the EU Parent-Subsidiary Directive (90/435/EC) on the common system of taxation applicable to parent companies and subsidiaries of different EU member states, member states must: (i) refrain from taxing (ie, the exemption method); or (ii) authorize the parent ...
Regulation of Stormwater Pollution: An Area of Increasing Importance to the Construction Industry.
Oct 05, 2005; ... By Bonni Kaufman, Lawrence R. Liebesman and Rafe Petersen (Washington D.C.) Originally published September 2005 In May 2004, the United States Environmental Protection Agency (EPA) announced a major new enforcement initiative related to compliance with its regulatory ...
Washington, D.C.: "That's Not What I Agreed To!" - The Legal Concept of Abandonment of Contract.
Oct 05, 2005; ... By Gregory H. Koger (Washington, D.C.) Originally published September 2005 Once two sophisticated parties have entered into a binding contractual agreement, legal principles, in general, tend to discourage the dissolution of that binding agreement. The justification ...
Pension Regulation and Court Trends in British Columbia.
Oct 05, 2005 ... This article was originally published in Blakes Bulletin on Pension & Employee Benefits in September 2005 Article by Scott Sweatman, [c]2005 Blake, Cassels & Graydon LLP British Columbia pension regulators are stepping up enforcement measures and monitoring high-risk ...