Mondaq Business Briefing back issues from March 2007:
The New Age Discrimination Legislation: What Partnerships Need To Know.
Mar 01, 2007; ... The new Employment Equality (Age) Regulations 2006 (the "Regulations") came into force on 1 October 2006 and prohibit discrimination, harassment and victimisation on the grounds of age. Even though genuine partners in a firm do not qualify for employment protection rights, they ...
Conflicts - A Policy Issue?(insurance policies)
Mar 01, 2007; ... Insurers and insureds often have to consider more than disputes with a third party - the terms of the policy between the insured party and the insurers may mean that their interests can diverge. The terms of the policy may override the usual rules on privilege where the insurer is seeking ...
Mashelkar Committee Withdraws Its Report.(trade-related aspects of intellectual property rights )
Mar 01, 2007 ... In an unprecedented twist in the legislative process, the Technical Expert Group on Patent Law Issues requested the Government of India to withdraw its Report that was submitted by the Group on December 29, 2006. The Government of India constituted the Expert Group in April 2005 in a ...
Landmark Court Of Appeal Judgment - Could You Uknowingly Be A Party To A Price Fixing Agreement?
Mar 01, 2007; ... The Court of Appeal recently ruled that customers who discuss their future pricing intentions with their suppliers run the risk of being accused of price fixing. This judgment follows the appeals made by Argos, Littlewoods and JJB Sports against decisions of the Competition ...
Freedom Of Information - Resisting The Siren Voices.
Mar 01, 2007; ... The Scottish Court of Session (Inner House) on 23 January 2007 upheld the decision of the Scottish Information Commissioner (the Commissioner) by refusing an appeal by the Scottish Ministers against a decision of the Commissioner ordering them to release certain documents to the ...
Executive Pensions Targeted By The CRA.(Canada Revenue Agency)
Mar 01, 2007; ... The Rulings Directorate of the Canada Revenue Agency (CRA) is restricting benefits under supplementary pension plans (SERPs). This may put a number of existing SERPs at risk and will constrain the design of new SERPs. Unfortunately, the CRA has not released any official statement with ...
DOL's Final Rule Regarding "Able And Available For Work" Should Remind Employers To Challenge All Unemployment Claims.(Department of Labor)
Mar 01, 2007; ... On January 15, 2007, the United States Department of Labor (DOL) issued a Final Rule setting forth the requirements that state unemployment insurance (UI) laws must condition the payment of benefits on the claimant being able to work and available for work.1 The DOL and its predecessors ...
Damages: Your Building Is Defective - Are You Entitled To Demolition And Reinstatement Costs Or Simply The Costs Of Repair?
Mar 01, 2007 ... Since The Board of Governors of the Hospitals for Sick Children and Another v McLaughlin & Harvey plc and others - ("the Great Ormond Street case") [1987] 19 Con LR 25) - it has become something of a construction lawyer's "rule of thumb" that if a claimant wants to recover the cost of ...
Ten Thoughts About Equity Compensation for Investors and Entrepreneurs.
Mar 01, 2007; ... By Scott A. Webster, Lynda T. Galligan, John R. LeClaire and Jeffrey C. Hadden Equity compensation is a subject that captures the attention of private equity and venture capital investors and company management teams alike. For many years, the rules and standard techniques used ...
Maladministration.(pensions regulations)
Mar 01, 2007; ... When the High Court recently held that the Secretary of State for Work and Pensions had been wrong to reject a finding of the Parliamentary Ombudsman, the decision was underpinned by local government jurisprudence. The Ombudsman in her first finding had indicated that official ...
The Review of EU Consumer Protection Rules: European Commission Seeks To Boost E-Commerce Within the Internal Market.
Mar 01, 2007; ... The European Commission is engaged in a major new initiative which will fundamentally overhaul core EU consumer protection law1 and is now inviting comments on various proposals set out in a Green Paper which seek to create a borderless on-line retail market within Europe. Why ...
Employment Status: Looking Outside The Employment Contract.(Employment Appeals Tribunal)
Mar 01, 2007; ... In Ministry of Defence HQ Defence Dental Service v Kettle the EAT provided useful guidance on when tribunals can look outside the written terms of the relevant contract to determine a person's employment status: A tribunal must firstly decide whether the parties intended the ...
Exercise Of Supplemental Jurisdiction To Entertain Claims Alleging Infringement Of A Foreign Patent Was An Abuse Of Discretion.
Mar 01, 2007 ... The U.S. Court of Appeals for the Federal Circuit, in a rare interlocutory appeal, found the district court lacked supplemental jurisdiction under 35 U.S.C. s.1367 to entertain a claim for infringement of a foreign patent. After the patent owner brought suit for infringement of its U.S ....
"Essential" Steps From Specification May Limit Scope Of Patent Claims.
Mar 01, 2007 ... In construing the scope of a product claim, the U.S. Court of Appeals for the Federal Circuit held that the process for making a product can be within the scope of a product claim when the "patentee makes clear that the process steps are an essential part of the claimed invention." ...
Recapture Rule Pre-Empts Ability To Rewrite Claims.(MBO Laboratories Inc. v. Becton Dickinson & Co.)
Mar 01, 2007 ... In a decision that centered on application of recapture rule in the context of claim construction, the U.S. Court of Appeals for the Federal Circuit vacated a district court's grant of summary judgment of non-infringement of a patent relating to a hypodermic safety syringe. MBO ...
Recent Hardship Decision - Permanent v Upston.
Mar 01, 2007 ... On 16 March 2007 the Supreme Court of New South Wales handed down a ground breaking decision. It appears to be the first time that a borrower has made a hardship application as a cross claim in possession proceedings. The hardship claim became an effective defence to ...
NSW Planning, Environment & Government Update.(Environmental Planning and Assessment Regulation 2007)(New South Wales)
Mar 01, 2007 ... Contents Important Amendments To Planning Regulations Some Welcome Relief For NSW Landowners With Existing Use Rights Important Amendments To Planning Regulations Land And Environment Court Update The approach to the classification of ...
A Greek Drama? Parallel Trade: Recent Developments In The Pharmaceutical Industry.
Mar 02, 2007; ... Recent events in the pharmaceutical industry have shown that, owing to state intervention leaving differing prices across the European market, the competition rules may be applied less stringently to conduct that interferes with parallel trade of pharmaceuticals than for other products ....
New Tax Reporting For Employee Stock Options And Purchase Plans.
Mar 02, 2007 ... Congress recently passed the Tax Relief and Health Care Act of 2006 amending section 6039 of the Internal Revenue Code. The amendment is effective on January 1, 2007, but the new reports will not be due until 2008. Previously, Code section 6039 did not require a corporation to ...
Looking Ahead: Resale Price Maintenance And The World After Leegin.
Mar 02, 2007; ... Sometime this spring or early summer, businesses should consider policies on resale price maintenance. For nearly the last 100 years, any agreement permitting a manufacturer, supplier, or licensor to control the price at which others would resell its products has been illegal. Indeed, it ...
The Toxic Substances Control Act: EPA's Enforcement Of This Oft-Forgotten Environmental Statute.(Environmental Protection Agencies)
Mar 02, 2007 ... This article appeared in the February 2007 edition of the ABA Environmental Enforcement and Crimes Committee Newsletter When one thinks of environmental enforcement, the statutes that typically jump to mind are the Clean Air Act and the Clean Water Act (and justifiably so). It ...
Business Tenancies: More Change Proposed.
Mar 02, 2007 ... The repeal of section 57 of the 1954 Act and the addition of a new ground of opposition to renewal has been proposed. On 28 February 2007 the Department for Communities and Local Government published a consultation paper looking at this area. Section 57 currently allows public ...
CSA To Overhaul Adviser, Dealer And Investment Fund Manager Registration.(Canadian Securities Administrators)
Mar 02, 2007; ... The Canadian Securities Administrators (CSA) have now released for comment the much anticipated proposed NI 31-103 - Registration Requirements (the Proposed Registration Rule), along with the accompanying companion policy (the Companion Policy) and forms. The Proposed Registration Rule ...
Review Sought Of Board's Decision To Forbear From Regulating Gas Storage.
Mar 02, 2007 ... The Ontario Energy Board (the Board) has received three motions to review its November 7, 2006 decision on regulatory forbearance in the Natural Gas Electricity Interface Review Proceeding, EB-2005-0551 (the NGEIR Proceeding). The Board's decision in the NGEIR Proceeding is significant ...
Inspection Duties And Temporary Disconformities.(construction industry)
Mar 02, 2007; ... Construction professionals' inspection duties are notoriously difficult to define but often ground negligence actions. The wordings of appointments vary significantly. For instance, the RIBA forms used to require the architect to supervise the works. This was diluted to ...
Carbon Trading On The Horizon.(environment compliance)
Mar 02, 2007 ... Barely two weeks ago, federal environment minister, John Baird, rejected the notion of an international carbon trading market. That, however, was before opposition MPs passed a bill requiring compliance with the Kyoto Protocol and before Prime Minister Harper promised to produce a ...
New Renewable Energy Incentive Program.(Canada. Clean Air Act 1971)
Mar 02, 2007; ... As part of its new suite of environment-centred legislation, on January 19, 2007 the federal government announced an initiative entitled the ecoEnergy Renewable Initiative. January saw a significant number of federal initiatives in the area of the environment in a bid to "green" ...
Environment @ Gowlings - February 2007.(Quebec. Superior Court appointed Johanne Mainville)(Halton Recycling Ltd. vs. Newmarket town)(Quebec passed Bill 49)(Quebec. Forest Act 1986)
Mar 02, 2007; ... Edited by Jennifer Mesquita Federal News Virtual Elimination List Established PBDE and PFOS Added to List of Toxic Substances PBDE and PFOS Regulations Proposed 2-Butoxyethanol Regulations Enacted Rapid Screening of ...
U.S. District Court In New Jersey Weighs In Again On The Issue Of "Use" In The Context Of Search Engine Keyword-Triggered Advertising.
Mar 02, 2007; ... By Sheldon H. Klein and David S. Modzeleski Another decision considering the issue of trademark "use" in the context of search engine keyword-triggered advertising has just been issued by the federal district court in New Jersey. In Buying for the Home, LLC v. Humble Abode, LLC, ...
Export Control Update: US Developments With Respect To Sudan.
Mar 02, 2007 ... Two key things have happened with respect to Sudan: Congress passed and the President signed on October 13, 2006 the Darfur Peace and Accountability Act of 2006 (H.R. 3127, pub. Law no. 109-344) and The President issued Executive Order 13412 of October 13, 2006, ...
How the Deficit Reduction Act of 2005 Will Affect Medicaid Providers.
Mar 02, 2007 ... Last year, President Bush signed the Deficit Reduction Act of 2005, P.L. 109-171 (DRA), which includes several provisions designed to improve federal and state oversight and enforcement actions against fraud and abuse in the Medicaid program. This new law requires providers that receive $5 ...
Changing Climate.(Intergovernmental Panel on Climate Change)(Climate Change 2007: The Physical Science Basis )
Mar 04, 2007; ... The science of climate change is now certain, and the implications for business are clear ... IPCC Report The Intergovernmental Panel on Climate Change (IPCC) - a UN mandated body which brings together 2,500 scientists from 130 countries - has published its latest ...
Recent Developments of Importance: Canadian Issues.(Canada. Competition Act 1986)
Mar 04, 2007; ... Originally published in the 2007 LExpert/The American Lawyer Guide to the Leading 500 Lawyers in Canada. Introduction This year marks the 20th anniversary of Canada's Competition Act ("Act"). The adoption of the Act in 1986 saw Canada's previously moribund criminal ...
IRS Enforcement Initiative Focuses On Nonprofit Organizations' Tax-Exempt Bond Compliance Procedures.(Internal Revenue Service)
Mar 04, 2007 ... Executive Summary Action: IRS announces the second stage of an enforcement initiative examining post-issuance compliance by nonprofit organizations that use taxexempt bond financing. Impact: Nonprofit organizations should develop written compliance procedures. ...
A (Final?) Word Of Warning.(Employment Appeals Tribunal)(employee dismissal lawsuit)
Mar 05, 2007; ... Employers should not rely on expired warnings, according to the EAT in Airbus UK Ltd v Webb. In July 2004 Mr Webb was summarily dismissed for washing his car when he should have been working. On appeal a lesser sanction, a final written warning, was imposed. Mr Webb was informed ...
Eurovision.(briefs)
Mar 05, 2007 ... Europe gradually becomes smokefree France and Germany are both introducing smoking bans this year. The German Government has however scrapped proposals to introduce a nationwide ban on smoking in public places following concerns that its plans were unconstitutional ...
The "Winter Tax Package" - Important Corporate Tax Changes in Denmark.
Mar 05, 2007 ... The Danish Government proposes to make some very significant changes to the corporate tax regime, some with effect from 1 January 2007. The proposed changes would impact all parties with interests in a Danish company. All Danish companies will be affected. There will be winners ...
Brent Bravo Unlawful Deaths Scandal Returns To Haunt Royal Dutch Shell.
Mar 05, 2007; ... By John Alfred Donovan *Shell CEO Jeroen van der Veer issues Letter of Censure to Malcolm Brinded, Executive Director of Shell EP Introductory comments by John Alfred Donovan: 5 March 2007 On 1 March 2007, I sent an email to Terry Macalister at The ...
Liability and Reliance in Relation to Vendor Due Diligence.
Mar 05, 2007 ... The legal investigation of a target company in M&A transactions, i.e. a "legal due diligence", has traditionally been performed on behalf of the potential purchaser. The trend over recent years has however been that the investigation is increasingly performed by the vendor's legal ...
The Taxation of Partial Demerger.(Finland)
Mar 05, 2007; ... The Legal basis for the Partial Division The Council Directive 2005/19/EC of 17 February 2005 amended the Directive 90/434/EEC 1990 (the "Merger Directive") on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning ...
Doing Business In... Handbook 2007: Q&A.(Cayman Islands)
Mar 05, 2007; ... Legal System 1. What is the legal system (civil law, common law or a mixture of both)? The Cayman Islands are administered as a British Overseas Territory, but have a significant degree of internal self-government. The Cayman Islands have a combined common law and ...
OFT's PPRS Market Study: Should Value-Based Pricing Be The Way Forward?(Pharmaceutical Price Regulation Scheme)
Mar 05, 2007 ... This is for the UK's Department of Health to decide once it has digested the 1,000 or so pages of the OFT's market study on the operation of the Pharmaceutical Price Regulation Scheme (PPRS). The study recommends retaining the PPRS structure of a pact between industry and government, but ...
The Dangers Of Overbroad Work Rules: Union-Free And Unionized Employers Beware.
Mar 05, 2007 ... Most employers across the United States have a compilation of work rules - some more detailed than others - to guide their employees' workplace conduct. However well-intentioned and necessary to establish workplace norms, without careful drafting and review, work rules can be framed in ...
Temporary Absence From Work Because Of Illness Or Injury May Not Be That Temporary.
Mar 05, 2007 ... A recent decision of the Federal Magistrates Court of Australia has identified that protection from dismissal available to ill or injured employees provided by the Workplace Relations Act 1996 (Cth) (the Act) extends to when employees are not on ordinary sick leave but on workers ...
DLA Phillips Fox Part Of Global Legal Solution For The Linde Group.
Mar 05, 2007 ... DLA Phillips Fox will provide legal services to The Linde Group in Australia and New Zealand as part of a new legal services outsourcing model across Linde's global operations. The Linde Group is the leading international gas and engineering company with global revenue of C12.7 ...
Litigation: Service Of Process On The Elusive Foreign Defendant.
Mar 05, 2007 ... Introduction The recent Hong Kong High Court case of Victor Chandler (International) Ltd v Zhou Chu Jian He (2006), involves Victor Chandler (the Plaintiff) a well known bookmaker registered in Gibraltar and Zhou (the Defendant) a wealthy Peruvian businessman. The Plaintiff's ...
The Sherman Act Section 1 - Canadian Developments.
Mar 06, 2007 ... Originally published in ABA Sherman Act Section 1 Newsletter (Fall 2006/Winter 2007) Competition Bureau Concludes Examination of Gasoline Prices in Canada Following Hurricane Katrina Following a thorough examination of the Canadian gasoline industry, the Canadian ...
California Court Issues Latest Important Decision For Insurers Regarding Liability Coverage For TCPA Claims.
Mar 06, 2007 ... This year promises to be another busy one for courts addressing whether commercial general liability policies provide coverage for claims involving violations of the Federal Telephone Consumer Protection Act, 47 U.S.C. s.227 ("TCPA"). Under the TCPA, it is unlawful to send unsolicited fax ...
Northern California District Court Expands Information Retention Requirements.
Mar 06, 2007; ... The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements filed pursuant to recently-amended Federal Rule of Civil Procedure ...
National, Or Community Trademark After Romania's Accession To The European Union.
Mar 06, 2007; ... After the historical moment of the European Union's expansion on 1 May 2004, which was the biggest expansion in the European history, starting with 1st January 2007 Romania assumed the rights and obligations which result from the membership. The last enlargement of the European ...
Survivor Takes $240 Or 10% Whichever Is Greater!!!
Mar 06, 2007; ... Introduction The British Virgin Islands has been the trail blazer in the international sphere, constantly reforming BVI corporate and commercial laws in an effort to keep our financial services industry ahead of the pack, but from a municipal perspective, has lagged behind in ...
Attack On All Fronts?(Legal Services Bill)
Mar 06, 2007; ... The Legal Services Bill is intended to make sweeping changes to legal services regulation and complaints handling. However, some may regard the new legislation as a missed opportunity if it fails to address a number of problems with the existing regulatory framework. In this article we ...
How To Avoid Becoming A Casualty Of The Costs Wars.(Solicitors' Practice Rule 15)
Mar 06, 2007; ... Among the quickest ways to lose a client or sour a good result are misunderstandings or errors in respect of costs. Worse still, certain errors can expose solicitors to the risk of claims. Despite this, it is surprising how often clients are not kept properly informed. This article acts as ...
Second Circuit Decision "Squarely Holds" Accountants May Be Primarily Liable Under Federal Securities Laws.(David Overton v. Todman & Co.)
Mar 06, 2007 ... In a decision issued yesterday, the Second Circuit held that an accountant has a duty to correct its certified opinions, and may incur primary liability under s. 10(b) and Rule 10b-5 if it fails to fulfill that duty in certain circumstances. The decision, written by C.J. Straub, claims to ...
Canada's New Chemicals Management Plan.
Mar 06, 2007 ... Article by Robert Fishlock, [c] 2007, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Environmental Law, January 2007 On December 8, 2006, Prime Minister Stephen Harper announced the federal government's new "Chemicals Management Plan". The ...
Fashion Law: Why (And How) You Should Copyright Your Work.
Mar 06, 2007; ... What Copyright Currently Protects Copyright protects original, non-useful works of authorship fixed in a tangible medium of expression. The main obstacle for the fashion industry when seeking copyright registration is the "useful article" doctrine, which prohibits copyright ...
Canadian Income Trust M&A.
Mar 06, 2007; ... Article by Brendan Reay, Jeff Lloyd and Michael Gans, [c] 2007, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Securities Law, February 2007 With approximately 250 income trusts in Canada, representing an aggregate market capitalization of ...
SDNY Blocks SEC Enforcement Case As Time-Barred.(Securities and Exchange Commission v. Thomas Jones and Lewis Daidone)
Mar 06, 2007 ... On Monday, Judge Richard Casey of the United States District Court for the Southern District of New York issued a significant decision regarding the application of the statute of limitations to actions brought by the Securities and Exchange Commission seeking civil penalties and injunctive ...
Supreme Court Rules on Punitive Damages.(Philip Morris USA v. Mayola Williams)
Mar 06, 2007; ... In Philip Morris USA v. Mayola Williams, etc., decided February 20, the Supreme Court held that punitive damages may not be awarded to punish a defendant for injuries caused to persons not involved in the lawsuit in which such damages are awarded. In that case, where the decedent died from ...
Banks Beware When Documenting And Securing Renewal Loans.
Mar 06, 2007; ... A complicated set of facts recently led the Tennessee Court of Appeals to a decision that sends a simple message to banks: When documenting a renewal loan, be careful when dealing with the collateral that secured the earlier loan. If a bank learns that a borrower has engaged in fraud to ...
English Court Intervenes In Foreign Proceedings To Stop Potential Unfairness.
Mar 06, 2007 ... In a recent application before Mr Justice Langley in the Commercial Court in London, two of the world's largest reinsurance broking houses came head to head in a claim concerning the due process of an overseas court. The dispute between broking giants Benfield and Aon arose from the ...
Top Ten Mistakes When Drafting And Negotiating Contracts.
Mar 06, 2007; ... Commercial litigation often occurs as a result of common and recurring mistakes that are made during the drafting and negotiation of contracts. As litigators and transactional attorneys, we (and our clients) often wish that we could turn-back-the-clock so that a provision or two could be ...
E.News @ Gowlings - February 2007.(Inter-Plus)(Dawn's Place)
Mar 06, 2007 ... Edited by Louis Benoit Contents Microsoft Enjoys Groundbreaking Success In Counterfeit Battle Web Sites Could Face Assessments Over GST Ruling Wal-Mart Joins Forces With Hollywood Congress Welcomes Policy Debates On Data Privacy ...
Ogier Guernsey Advise Dominion Funding On $450 Million Structured Finance Deal Designed To Meet Exceptional Demand For Popular New Fund Concept.
Mar 06, 2007 ... Guernsey, 28 February 2007, Dominion, an International Fund Management group, in conjunction with ABN AMRO and NM Rothschild, announce the successful conclusion of $450 million structured finance deal. Background Established in December, 2004 Dominion launched its ...
Recent Expansion Of SLS's Services Concerning The Establishment Of A Team Of EHS (Environment, Health, Safety) Managers.(Studio Legale Sutti)(Brief article)
Mar 06, 2007 ... Recent Expansion Of SLS's Services Concerning The Establishment Of A Team Of EHS (Environment, Health, Safety) Managers. In 2006, further to the Italian liberalisation of multisciplinary professional practices , Studio Legale Sutti expanded its services in this area by ...