Mondaq Business Briefing back issues from February 2007:
States Consider Tax Reform and Refine Tax Laws.
Feb 01, 2007 ... Recent Efforts in Georgia and Virginia Efforts at state tax reform have increased as of late and, with state legislatures returning to session, will likely be a common theme among much of the proposed legislation in 2007. This Legal Alert discusses tax reform efforts in Georgia ...
Summary of the MTC January 2007 Executive Committee Meeting.(Multistate Tax Commission)
Feb 01, 2007 ... Originally published January 10, 2007 The Multistate Tax Commission ("MTC") held its 2007 Executive Committee Meeting last week (January 4 and 5, 2006) in San Diego, California. During the meeting, the Executive Committee discussed streamlining and improving the current MTC ...
Opposition Against "jWEST" By Owners Of "Jeffery-West" Succeeds At First Instance.(Mark Richard Jeffery and Guy Anthony accused Nautical Concept Pte Ltd. for trademark infringement)
Feb 01, 2007; ... This was an opposition brought by Mark Richard Jeffery and Guy Anthony (the Opponents), owners of the registered mark "JEFFERY-WEST" in Class 25, against Nautical Concept Pte Ltd (the Applicant) who applied to register "jWEST" as a trade mark in Class 25 for similar goods, i.e ....
2006 Annual Review Of Case Law Developments In Georgia Corporate And Business Organization Law - Part Two.
Feb 01, 2007; ... *******To read the first part of this article please click here******* E. Joint Ventures. 14. No joint venture where mutual control is lacking - Kitchens v. Brusman, 280 Ga. App. 163, 633 S.E.2d 585 (2006) In Kitchens v. Brusman, the Georgia Court of ...
Don't Forget The Risks Of Implementing A Merger In The UK Before Receiving Competition Authority Clearance.
Feb 01, 2007; ... The Competition Commission's hard-hitting approach in two recent merger inquiries is a reminder to purchasers of the cost of not making transactions conditional on receiving prior approval from the competition authorities. Overview In the UK, there is no obligation ...
Secured Creditor Can Intervene In Charged Property Before Enforcement.
Feb 01, 2007; ... This case is a reminder of how extensive a secured creditor's rights can be in respect of the charged property, even before the right to enforce arises. It is also the first time that the English Court of Appeal has analysed the rights of parties to a securitisation. The ...
The JCT Major Projects Form - Risks, Responsibilities and Contractor Freedom.(Joint Contracts Tribunal)
Feb 01, 2007; ... Little has been written about the Major Projects Form ("MPF") which has been with the industry for the best part of 5 years. However take up is beginning slowly so perhaps it is time to dust off your prep notes. Guidance note The JCT has published a 24 page set of ...
TUPE Contract Variations - EAT Brings Clarity Or Uncertainty?(Employment Appeals Tribunal, Transfer of Undertakings )
Feb 01, 2007; ... In Power v Regent Security Services, the EAT (January 2007) decided that contractual variations made by reason of a TUPE transfer are legally enforceable where they benefit the employee, rather than void. This creates the risk for transferees that employees could cherry pick individual ...
10 Simple Steps To Ensure Software Licensing Compliance.
Feb 01, 2007; ... One area where companies can easily get into trouble is having unlicensed software on company computers. Computer software is protected under the U.S. Copyright Act. The Copyright Act provides for strict liability for possessing or using unlicensed software, meaning that your company may ...
Trends In Financial Services Patents.
Feb 01, 2007; ... Patents Do Apply to Financial Instruments Armed with a well-stocked patent portfolio, a company can effectively corner valuable markets for a limited amount of time. While this concept is second nature for most makers of tangible products, pharmaceuticals or even software, it is ...
Register Of Copyrights Clarifies "Pre-Existing Subscription Services".
Feb 01, 2007 ... The register of copyrights has issued an opinion clarifying which entities can qualify as pre-existing subscription services. The register had been asked to determine whether: the universe of pre-existing subscription services - defined in 17 USC s. 114(j)(11) as services which ...
Federal Circuit Affirms Abbott's Biaxin Injunction.
Feb 01, 2007 ... Affirming a district court's grant of a preliminary injunction to Abbott Laboratories, the U.S. Court of Appeals for the Federal Circuit found that the lower court had not abused its discretion in ruling that Abbott was likely to succeed on the merits of its Biaxin XL patent infringement ...
Importation Of Claim Limitation Improperly Narrows Scope.(Ventana Medical Systems Inc. v. BioGenex Laboratories Inc)
Feb 01, 2007; ... Deciding the sole issue of proper construction for the term "dispensing," the U.S. Court of Appeals for the Federal Circuit overturned a decision of no infringement of a medical patent for an automated process. A panel majority found that the lower court's construction requiring "direct ...
Patent For Lilly's Top-Selling Zyprexa[R] Survives Generic Challenge.
Feb 01, 2007 ... In a long-awaited decision that affirmed the validity of Eli Lilly's patent on its top-selling Zyprexa[R], the U.S. Court of Appeals for the Federal Circuit upheld a district court's April 2005 ruling on issues that included anticipation, obviousness and public use. Eli Lilly and Company ...
China Issues New Regulations Opening The Market For Crude Oil.
Feb 01, 2007; ... The PRC's Regulation on the Administration of the Crude Oil Market (the "Regulation"), which was issued by the Ministry of Commerce ("MOFCOM") on December 4, 2006, came into force on January 1, 2007. The Regulation was published mainly to fulfill China's WTO commitment to open ...
Communications Law Bulletin -- December2006/January 2007.
Feb 01, 2007 ... Looking at the Year Ahead This edition of our Bulletin is our first for 2007 and covers legal developments affecting the industry since November of last year. The New Year begins with a full complement of Commissioners at the Federal Communications Commission ("FCC" ...
Fenwick Employment Brief - January 2007.
Feb 01, 2007 ... Employer Held Immune From Liability Under The Communications Decency Act for Employee's Threatening Emails and Internet Postings Although employee misuse of the internet is still rife with potential liability for employers, a recent California appellate court decision reduces ...
U.S. Supreme Court To Review Standard For Pleading Scienter In Securities Fraud Actions.
Feb 02, 2007 ... The U.S. Supreme Court has granted certiorari in a case that is likely to resolve a split of authority concerning the requirements for pleading scienter in federal securities fraud actions. The applicable standard is set forth in the Private Securities Law Reform Act of 1995 (PSLRA), which ...
Organized Fraud: A Growing And Costly Problem Facing Life Insurance Providers.
Feb 02, 2007; ... How Proactive Litigation Planning Can Reduce Exposure From Fraudulently Obtained Coverage Individual fraud is nothing new in the insurance business. It is one of america's largest criminal industries, estimated at $80 billion annually. So says the coalition against insurance ...
Powers of Attorney May Not Be Valid Outside The Jurisdiction They Are Executed In.
Feb 02, 2007; ... I. Introduction A "power of attorney" is a legal document whereby a person (the "Grantor") appoints and confers authority on another person to act on their behalf. The person so appointed or designated may be referred to as an attorney, a proxy, a mandatory, or a ...
Antitrust Claims By StreamCast Against Skype Dismissed By Federal Court.(StreamCast Networks Inc. accused Skype Technologies SA for antitrust claims)
Feb 02, 2007; ... Reprinted with permission by FindLaw.com A federal judge in Los Angeles has just dismissed the antitrust claims of StreamCast Networks, a peer-to-peer software vendor, against Skype Technologies, a successful Internet company, and other defendants. While these federal claims ...
Federal Circuit Provides Guidance On What Would Trigger The On-Sale Bar For A Patented Process.
Feb 02, 2007 ... Addressing the issue of what would trigger the one-year on-sale bar under 35 U.S.C. s.102(b) for a process, the U.S. Court of Appeals for the Federal Circuit held that a process is the subject of a sale or offer for sale either if a commercial offer to perform the patented process was made ...
Case Raising Federal Patent Law Defense Does Not Automatically 'Arise Under' Patent Law.
Feb 02, 2007 ... Upholding its responsibility as a court of limited jurisdiction "to satisfy itself ... of its own jurisdiction" by considering a jurisdictional issue that was not raised in the initial written submissions of the parties, the U.S. Court of Appeals for the Federal Circuit recently ...
Court Rejects "All Or Nothing" Infringement Approach In Determining Summary Judgment Against Family Of Products.(&W, Inc., v. Shertech, Inc)
Feb 02, 2007 ... The U.S. Court of Appeals for the Federal Circuit vacated and remanded summary judgment and held that a patent owner seeking summary judgment of infringement on a group of products (a "family of products") must make a prima facie showing of infringement for each accused product within the ...
Texas Comptroller Transfers Administrative Tax.(Brief article)
Feb 02, 2007 ... On January 9, 2007, Texas Comptroller Combs announced that she has transferred the administrative tax hearing process in Texas from the Comptroller's Office to the State Office of Administrative Hearings (SOAH). The Comptroller's Press Release is available at: ...
Recent Decisions In The United States: A Recurring Feature.(Sicom Systems Ltd. v. Agilent Technologies., Inc.,)
Feb 02, 2007 ... Originally published in Les Nouvelles, March 2006 Patent Licensee Does Not Have Standing To Sue For Patent Infringement Despite Being Granted Exclusive Right To Sue For Commercial Infringement Generally, only the owner of a patent may bring a suit for patent ...
Recent Decisions In The United States.
Feb 02, 2007 ... Originally published in Les Nouvelles, September 2006 District Court Refuses To Grant A Permanent Injunction To A Patent Owner Historically, it has been presumed that when a defendant has been found to infringe a patent, the patent owner would be entitled to a ...
U.S. Trademark Dilution Act Likely To Be Reinvigorated.
Feb 02, 2007 ... Originally published in Trademark World, October 2006 In 2003, the United States Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. (Trademark World February 2003 and May 2003) left trademark owners concerned about their ability to adequately protect their famous ...
Implications Of 2006 Midterm Election Results For Financial Services Legislation.
Feb 02, 2007 ... The 2006 Congressional midterm elections caused a sea change in the control of the Congress. Democratic control of the Senate by a 51-49 margin, and of the House by 233-202, gives the Democrats larger Committee staffs, control of the legislative agendas, and the ability to call for ...
DOL Requests Public Comments on the FMLA.(Department of Labor)(Family and Medical Leave Act)
Feb 02, 2007 ... Originally published January 24, 2007 The U.S. Department of Labor ("DOL") is currently seeking comments on the Family and Medical Leave Act ("FMLA"), the federal law that entitles eligible employees to take up to 12 weeks of unpaid leave annually because of their own or a ...
Florida Moves To Open Wholesale Electric Marketplace To Renewable Energy Suppliers.
Feb 02, 2007 ... Originally published January 23, 2007 New rules enacted by the Florida Public Service Commission ("PSC" or the "Commission") should make it easier for developers of renewable electricity generating plants to obtain long-term purchase power agreements at favorable terms that will ...
No Immediate Appeal In Georgia From Denial Of Motion to Compel Arbitration.
Feb 02, 2007 ... Originally published January 12, 2007 On November 30, 2006, the Georgia Court of Appeals held that parties asserting arbitration rights in Georgia courts do not have a right to an immediate interlocutory appeal from a trial court's denial of a motion to compel arbitration - even ...
SIP To SIPP.(Share Incentive Plans, self-invested personal pension plans )
Feb 02, 2007 ... A number of companies which operate Revenue-approved Share Incentive Plans (SIPs) are being approached by providers of self-invested personal pension plans (SIPPs) to facilitate the transfer of employees' shares from the Company's SIP to SIPPs. This is because SIP shares can be transferred ...
Proposed Insolvency Law Amendments - Take Two.
Feb 05, 2007 ... Article by Susan Grundy, [c] 2006, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Restructuring & Insolvency, January 2007 A number of insolvency reforms were passed by the Canadian government in late 2005 but were not proclaimed into effect ...
Chemical Facilities To Be Subject To New DHS Anti-Terrorism Security Requirements.(Department of Homeland Security)
Feb 05, 2007 ... Pursuant to the Department of Homeland Security Appropriations Act of 2007 (the "Act"), DHS has recently promoted "interim" rules related to chemical facility anti-terrorism security requirements. Comments on the rules are due February 7, 2007. The proposed rules are broad and vague in ...
Congress Strengthens IRS Whistleblower Statute.(Internal Revenue Service)
Feb 05, 2007 ... The Tax Relief and Health Care Act of 2006, signed into law on December 20, 2006, amended the Internal Revenue Code to provide more incentives for private citizens to blow the whistle on tax evaders. Generally, the new legislation requires the IRS to award to the whistleblower at least ...
New Litigation Update: Fair Credit Reporting Act Class Actions Seek Staggering Damages Awards.
Feb 05, 2007 ... Since December 2006, a handful of plaintiffs' class action firms in California have filed over 50 nationwide class actions in federal court against a broad spectrum of retailers alleging violations of the Fair and Accurate Credit Transactions Act ("FACTA"). FACTA added sections to the ...
LNG Deals In South America Offer Big Risks And Rewards.(dialogue with Jose Luis Vittor)(Interview)
Feb 05, 2007 ... Originally appeared in Pipeline & Gas Journal, January 2007 Bolivia's recent about face on LNG projects intended to supply the U.S. has prompted thoughtful investors to reexamine the pitfalls that might lie just below all those whitewater rapids that best characterize South ...
FINCEN Issues New Suspicious Activity Report For Depository Institutions.(Financial Crimes Enforcement Network)(Brief article)
Feb 05, 2007 ... On Dec. 21, 2006, the Financial Crimes Enforcement Network ("FinCEN") and the federal banking agencies announced a new format for the Suspicious Activity Report by Depository Institutions ("SAR-DI"). The new form can be found at: http://www.fincen.gov/fincen_form111.pdf. Among its changes, ...
An Invalidity Opinion As Defamatory Material?(R.H. Murphy Co. v. Illinois Tool Works Inc.)
Feb 05, 2007 ... Issuing a summary order, the U.S. Court of Appeals for the Federal Circuit affirmed a district court's finding that defamation did not exist when an accused infringer's patent counsel circulated a letter to customers disclosing the belief that the invention contained in the patent was not ...
Application Of Canadian Competition Law To Private Equity Bidding Consortiums.
Feb 05, 2007 ... Recent media reports suggest that the Antitrust Division of the United States Department of Justice is investigating the potential application of the antitrust laws to circumstances where private equity firms have agreed to join forces in bidding for corporations. With these reports, the ...
California Division Of Labor Standards Enforcement Issues Proposed Regulations On Employee Travel Expense Reimbursement.
Feb 05, 2007 ... The California Division of Labor Standards Enforcement ("DLSE") recently issued proposed regulations addressing employer reimbursement of employee travel expenses. Labor Code section 2802 requires employers to "indemnify" employees for "all necessary expenditures or losses" they incur in ...
Federal Circuit to Revisit Important Attorney-Client Privilege and Work-Product Questions in Patent Litigation.(EchoStar Communications Corp., Seagate Technology L.L.C)
Feb 05, 2007 ... The en banc Federal Circuit announced January 26, 2007, that it will consider the scope of the waiver of attorney-client privilege that results when a defendant relies upon advice of counsel to deny willful infringement. The waiver issue arises in virtually every patent litigation and the ...
Court Ruling Clouds Power Producers' Ownership of Renewable Energy Credits.
Feb 05, 2007 ... A recent New Jersey appeals court ruling finds that it is lawful for state regulators to reallocate the ownership of Renewable Energy Certificates ("RECs") from the generator to the purchaser of renewable energy if the parties' contract does not specify ownership. The ruling adds to ...
Ontario's Securities Transfer Act, 2006: New Rules For Securities As Collateral.
Feb 05, 2007 ... Originally published in Business Beat, December 2006. The new Securities Transfer Act, 2006 (Ontario) (the STA) has been proclaimed to come into force on January 1, 2007. It creates a complex set of rules relating to the transfer of securities that govern the rights and ...
Health & Safety - EU's Challenge To 'Reasonably Practicable'.
Feb 05, 2007; ... The 10-year battle between the EU Commission and the UK government is nearing a conclusion, with the Advocate General delivering an opinion in favour of the UK retaining the 'so far as reasonably practicable' defence in its health and safety legislation. The opinion has yet to ...
Civil Penalties Imposed By The International Trade Commission.
Feb 05, 2007 ... The U.S. Court of Appeals for the Federal Circuit ruled that a complainant before the International Trade Commission (the Commission) lacked standing to appeal a civil penalty imposed by the Commission on a respondent. The Federal Circuit also upheld the Commission's decision to impose a ...
Prior Use Need Not Be "In Commerce" To Prevail On Likelihood Of Confusion Claim.(First Niagara Insurance Brokers Inc. v. First Niagara Financial Group)
Feb 05, 2007 ... Setting straight the Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO), the U.S. Court of Appeals for the Federal Circuit reversed a decision concerning the standard for establishing prior use in a likelihood of confusion claim. First Niagara Insurance ...
Email Spammer Cruises To Victory.
Feb 05, 2007 ... Narrowly construing the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), the United States Court of Appeals for the Fourth Circuit affirmed a district court's award of summary judgment for an e-mail marketer. Omega World Travel, Inc. v ....
The Government's Adjudication Rules Are Invalid.
Feb 05, 2007; ... On Thursday last week Judge Havery QC held (in Aveat v Jerram Falkus, TCC) that the adjudication rules in the Government's GC/Works suite of standard form contracts are invalid. One sentence in the rules ("The adjudicator's decision shall nevertheless be valid if issued after ...
Thelen Reid Brown Raysman & Steiner LLP Elevates Nine To Partnership.(Brief article)
Feb 05, 2007 ... NEW YORK, SAN FRANCISCO, AND HARTFORD (February 5, 2007)-Thelen Reid Brown Raysman & Steiner LLP announced today that nine attorneys have been elected to the firm's partnership. "We are very fortunate to welcome such an outstanding group of attorneys to our partnership and look ...
Top 10 Developments In M&A In 2006.
Feb 05, 2007 ... 1. The rise and rise of private equity Throughout 2006, the size and pace of private equity deals has steadily increased. Solid investment inflows and relatively benign credit conditions have prompted funds to become more audacious in their targets, with the media sector ...
Important Interest Withholding Tax Developments.
Feb 06, 2007 ... Debt interests issued on or after 7 December 2006 will only qualify for an interest withholding tax exemption where there has been a public offer of: a debenture non-equity shares that are debt interests a debt interest that is prescribed by regulation. ...
Family Takaful.
Feb 06, 2007 ... Although family takaful is the Islamic equivalent of life insurance, fundamental differences separate the two systems. A better understanding of the principles behind takaful, the laying down of clearer rules for the formulation of policies and a defined role for agents and brokers are ...
Taxation Of Income Trusts And Other SIFT Trusts.(specified investment flow-throughs)
Feb 06, 2007 ... Article by Paul Tamaki, [c] 2006, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Tax, January 2007 On December 21, 2006, the Canadian federal Department of Finance released draft legislation to amend the Canadian Income Tax Act to implement ...
Libya: Recent Developments Impacting Foreign Investment.(Reprint)
Feb 06, 2007; ... Article By: Martin Hunt,* Feras Gadamsi,** and Tarek M. Eltumi*** This article orginally appeared in Texas Journal of Oil, Gas, and Energy Law With 39.1 billion barrels in proven reserves,1 Libya is the country with the ninth-largest proven oil reserves, and its oil ...
Introduction To Cyprus Business Frame.
Feb 06, 2007; ... Throughout the years, Cyprus has developed as a world renowned International Business Centre. Its political and economical stability, solid legal infra-structure and efficient administration have proved to be fundamental factors in its steady advancement. Compliance with ...
Internal Revenue Service Issues More Pension Protection Act Guidance.
Feb 06, 2007 ... The Pension Protection Act of 2006 (PPA 2006) made significant changes to the laws governing employee benefit plans. Many of these changes are effective as early as January 1, 2007. The Internal Revenue Service (IRS) has just issued guidance on a number of PPA 2006 changes affecting ...
FTC Signals More Stringent Antitrust Review Of Private Equity Investments With Challenge Of Kinder Morgan Acquisition.
Feb 06, 2007; ... On January 24, 2007, the Federal Trade Commission (FTC) filed a complaint challenging a proposed acquisition in which The Carlyle Group (Carlyle) and Riverstone Holdings LLC (Riverstone) would acquire an equity interest in Kinder Morgan, Inc. (KMI). The FTC challenged the acquisition, ...
Controversy Over Call TV Quiz Shows.
Feb 06, 2007 ... The well publicised controversy surrounding Call TV Quiz shows, where participants pay to enter, rarely connect to the studio and run up large telephone bills in the process, has led to increasing public concern and to the House of Commons and ICSTIS producing recommendations as to how ...
E-Discovery: Understanding The Safe Harbor Provision.
Feb 06, 2007; ... Finding safe harbor in a leakproof vessel: the importance of document and data retention policies and Rule 37(f) Among the many changes embodied in the recently enacted Federal Rules of Civil Procedure dealing with electronic discovery, perhaps none was passed with more ...
Public-Private Partnerships: Protecting the General Contractor.
Feb 06, 2007; ... With growing acceptance of the use of public-private partnerships (commonly referred to as P3s or PPPs) to fund, develop, construct and operate major public works projects in the United States, the question of our contractor clients is obvious: How can I participate in the potential ...
SEC Adopts New E-Proxy Rules.(Securities and Exchange Commission)
Feb 06, 2007 ... On January 22, 2007, the U.S. Securities and Exchange Commission (the "SEC") promulgated new proxy rules (the "New Rules") permitting, but not requiring, new methods for issuers to furnish proxy materials to shareholders.1 Under the New Rules, issuers can satisfy their delivery obligations ...
Highlights Of New San Francisco Sick Leave Ordinance: Impact Is National.
Feb 06, 2007 ... Does your business have employees in San Francisco? If so, are you aware that San Francisco has a new sick leave law that impacts all employees within the city limits? The San Francisco Sick Leave Ordinance is proving troublesome even to employers that currently provide paid sick leave, as ...
JFTC Proposes Important Changes To Japan's Merger Guidelines.(Japan Fair Trade Commission)
Feb 06, 2007; ... On January 31, 2007, the Japan Fair Trade Commission ("JFTC") published for public comment a draft of the revised "Guidelines on the Application of the Anti-Monopoly Act to Reviewing Business Combination" (Kigyo Ketsugo Shinsa ni Kansuru Dokusenkinshiho no Unyou Shishin) (the "Revised ...