Mondaq Business Briefing back issues from September 2007:
Housing Affordability & Urban Land Development.
Sep 01, 2007 ... The Queensland Government has recently announced major initiatives to improve housing affordability and reform urban land development. This includes the introduction of a new Urban Land Development Authority to take over planning and development control in key areas of the State. ...
Hidden Liabilities: How Pension Deficits Are Affecting Firms.
Sep 03, 2007; ... Peter Maher considers the various strategies firms can employ to help them manage their pension liabilities. Although some firms have closed their final salary pension schemes to new entrants, deficits persist. And while the strength of equity investment over the long term is ...
HMRC: Topical Issues.(Company overview)
Sep 03, 2007 ... We look at HMRC's stance on salary payments to partners' spouses and tax concessions on late night taxis. The commerciality of salary payments to the spouse of a partner in a professional firm has recently come under attack by HMRC. This type of payment is typically of a level ...
Trade Mark Registration For Generic Word "Maglev" Invalidated.
Sep 03, 2007; ... By Kevin Wong and Lin Lixia In this recent case in Singapore, the Applicants, Siemens AG, sought to invalidate the mark "Maglev", owned by a Taiwanese company, Sunonwealth Electric Machine Industry Co. Ltd ("the Respondents"), alleging, among other things, that the Respondents' ...
House Passes Farm Bill.(United States. Congress. House)
Sep 03, 2007; ... On July 27, 2007 the U.S. House of Representatives (the House) passed its version of the farm bill by a 231-191 vote after a brief consideration on the House floor. As Collin Peterson (D-MN), the Chairman of the House Agriculture Committee, stated, there is plenty in the bill to make some ...
U.S. Real Estate Fund Structures To Accomodate German Investors.(real estate investment)
Sep 03, 2007; ... The U.S. real estate market continues to be one of the most attractive investment markets for foreign investors, including German investors. While German investors such as German real estate funds have traditionally invested directly in U.S. real estate in recent years, German funds also ...
Incorporation By Reference - Giving Clients What They Want.(regulation on Product Disclosure Statements)(Law overview)
Sep 03, 2007; ... A survey conducted in June this year, by Investment Trends Pty Limited, concluded that over 80% of clients would find shorter disclosure documents more appealing.1 Recent amendments to the Corporations Regulations 2001 may give your clients what they want. On 23 August 2007, the ...
Regulatory Authorities.(Basel II laws on margin lending and credit bureaus)(Australia. Prudential Regulation Authority)(Australian Securities Exchange presents its annual reports)(Australia. Competition and Consumer Commission filing cases on Uniden Australia Pty Ltd amarine radio provider, fot its materials)
Sep 03, 2007; ... APRA Basel II Framework - Margin Lending And EACIs APRA has released its proposed Basel II approach to margin lending, and draft guidelines for the recognition of external credit assessment institutions (EACIs). The proposed margin lending requirements ...
Human Capital (Employment): In Sickness And In Wealth?(Constructive discharge (Labor law))(GAB Robins Group)(Case overview)
Sep 03, 2007; ... An employee may be entitled to damages for future loss of earnings following her constructive dismissal even though she was off work on extended sick leave (and not being paid) prior to resigning. This was the finding in the recent Employment Appeal Tribunal case of GAB Robins (UK) Limited ...
Human Capital (Pensions): Climate Control For Pension Schemes.(Pension Protection Fund)(United Kingdom. Pensions Act 2004)
Sep 03, 2007; ... Despite the conspicuous absence of the sunshine over the UK for much of this summer, the heat has been well and truly rising for employers struggling to cope with underfunded defined benefit pension schemes over recent years. In this article, we look at the potentially catastrophic effects ...
Roads and Traffic Authority of NSW -v- Dederer [2007] HCA 42.(new south wales)(Contributory negligence)(Diving (Underwater))
Sep 03, 2007; ... 30 August 2007 Gleeson CJ, Gummow, Kirby, Callanan and Heydon JJ In Brief The High Court upheld the RTA's appeal in overturning the New South Wales Court of Appeal's judgment in relation to a 14 year old plaintiff who was rendered partially paraplegic when ...
Corporate Strategy & Finance Update, July 2007.(Workplace smoking)(Corporation law)(Pension funds)
Sep 04, 2007 ... LEGAL UPDATE Companies Act 2006 - Update on implementation In June 2007 the DTI published some updated interpretation information in the form of FAQ's on those parts of the Companies Act 2006 (Act) due to be implemented on 1 October 2007. There were two items of ...
The Topps Decision - Another Take On Standstills.(Hostile takeovers)(Ventas v. Sunrise REIT)(Topps Company, Inc.)(Case overview)
Sep 04, 2007; ... Article by Michael Gans, Mark Adkins and Cassandra Brown (Student-at-Law), [c] 2007, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Mergers and Acquisitions, July 2007 On June 14, 2007, the Delaware Court of Chancery enjoined a shareholders ...
The UPS Decision - Victory Or Temporary Relief For NAFTA Governments?
Sep 04, 2007 ... Article by Cliff Sosnow and Prakash Narayanan, [c] 2007, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on International Trade, August 2007 On June 11, 2007, an ICSID arbitration tribunal issued a decision rejecting UPS's claim under Chapter 11 ...
Southern District Of Texas Bankruptcy Court Rejects Per Se Rule Imputing Conflicts Of Interest To Entire Firms.
Sep 04, 2007; ... Originally published in Turnaround Management Association newsletter, August 2007. Bankruptcy Court Rejects Per Se Rule Imputing Conflicts Of Interest To Entire Firms When law firms undertake debtor representations, there is significant potential for conflicts of ...
Doing Business In Kazakhstan Today.
Sep 04, 2007 ... Originally published in Pipeline & Gas Journal, August 2007. Kazakhstan has progressed from nomadic, to communistic, to free enterprise in its long and turbulent history. But over the last 10 years, the country has grown up and matured at a staggering rate. It is now poised to ...
Alert: Strict Compliance With The Code Is Necessary.
Sep 04, 2007 ... In a recent case, Ketchell v Master of Education Services Pty Ltd, the New South Wales Court of Appeal has handed down a significant decision that will have far reaching effects on franchisors. Facts Under clause 11(1) of the Franchise Code of Conduct (Code), a ...
When A 'Deposit' Payable Under A Contract May Not Be A Deposit.
Sep 04, 2007 ... How the payment of deposits is structured under certain business and franchise transactions could potentially be affected after a recent judgement in the New South Wales Court of Appeal. In the recent case of Iannello & Anor v Sharpe, the New South Wales Court of Appeal ...
Human Capial - Pensions - Court Of Appeal Reaches Decision In "Cripps V Trustee Solutions" Case.
Sep 04, 2007 ... Article by Jay Doraisamy, Andrew Powell, Francois Barker, Terry Saeedi and Steve Southern The Court of Appeal has decided, in the recent case of Cripps v Trustee Solutions (often referred to as the Dubery case) that any pension rights accrued during a "Barber window" of service ...
Liberalized External Commercial Borrowing Policy.
Sep 04, 2007 ... The External Commercial Borrowings ("ECB") policy has from time to time been reviewed and modified by the Reserve Bank of India ("RBI") in light of changing economic trends and market conditions. The RBI on 7th August 2007 further amended the ECB policy pursuant to which ECBs ...
Human Capital (Pensions): Equalisation - The Chequered Flag Is Looming.
Sep 04, 2007 ... 17 years ago, the 'hot topic' for everyone involved in pension schemes was the equalisation of pension ages as between men and women and the implications of the Barber case. Well, as they say, some things never change ... There have been numerous recent cases on the problems encountered by ...
CMS Releases Stark Phase III Regulations.(United States. Centers for Medicare and Medicaid Services)
Sep 04, 2007 ... More Fizzle than Fireworks On Aug. 27, 2007, the Centers for Medicare & Medicaid Services (CMS) released an inspection copy of the long-awaited Stark II Phase III Regulations. Overall, healthcare providers should be pleased with the Phase III Stark rules. Despite fears that the ...
California Supreme Court Invalidates Some Agreements To Individually Arbitrate In Lieu Of Class Litigation.(Case overview)
Sep 04, 2007 ... On August 30, 2007, in a 4-3 decision, the California Supreme Court opined that courts may invalidate arbitration agreements that purport to waive the employee's right to pursue class actions. In Gentry v. Circuit City Stores, Inc., 07 CDOS 10363 (Aug. 30, 2007), the court directed the ...
Auctioning IP - Use As A Licensing Forum?
Sep 04, 2007 ... More than a year down the track, everyone concerned with IP must have heard of Ocean Tomo's IP Auctions. My good friend, Jeremy Philips of IPKat fame, who is (amongst many other things) editor of Oxford's Journal of IP Law and Practice (JIPLP), recently wrote a punchy and ...
It's Over!? Not If I Can Help It...
Sep 04, 2007 ... Have you ever said goodbye to someone who just won't let go? My second semi-serious boyfriend just didn't want to accept defeat. Time and time again I told him - "it's over" - but he was no quitter. He denied to everyone including himself that we were done. He even tried to convince me ...
IP Advisory: Summary And Analysis Of Changes To The Continuation Rules At The USPTO.(United States. Patent and Trademark Office)
Sep 04, 2007 ... On August 21, 2007, the United States Patent and Trademark Office (USPTO) announced significant changes to the rules of practice in patent cases. The changes include the following: limiting the number of continuation (or continuation-in-part) applications that applicants may ...
Resolutions And Meetings.
Sep 04, 2007 ... The next implementation date for the Companies Act 2006 is fast approaching. Some significant changes are made to UK company law with effect from 1st October 2007. The new statutory statement of directors' duties partially comes into force (those provisions relating to conflict of interest ...
Two Months To Go Until All Schemes Subject To New MNT Regime.
Sep 04, 2007 ... As you will be aware, the new regime for selecting member nominated trustees (MNTs) to occupational pension schemes came into force on 6 April 2006. However, schemes were permitted to continue to run any existing "opt out" arrangements that were made under the old MNT regime until the ...
Product Liability And Recall.
Sep 04, 2007 ... At the end of July 2007 a supplier was found liable to its manufacturer customer for the presence of Para Red in the chilli powder it had supplied, even though the court accepted that the presence posed no risk to health. The High Court decision highlights: The ...
IP Healthcheck: Unlocking Your Asset Potential.
Sep 04, 2007 ... Building competitive edge in the hotels industry requires innovation, development, investment and planning. A key aspect of any successful business in the sector will be the maintenance of the intangible assets in the intellectual property portfolio. A healthy portfolio will differentiate ...
Plain English Guide To The Pensions Act 2004 - New Version.
Sep 04, 2007 ... We have revised the Plain English Guide to take into account all of the regulations and regulatory publications which have so far been issued in 2007. The Guide also takes into account the draft regulations which have been issued in relation to the Financial Assistance Scheme and the ...
AIM Companies - Website Requirements.(alternative investment market)
Sep 04, 2007 ... Existing AIM companies are now required to comply with the AIM Rule 26 that requires AIM companies to maintain a website displaying specified information. A new AIM company is required to disclose such information in its pre-admission announcement. The information that needs to ...
How Long Should I Retain My Tax Records?
Sep 05, 2007 ... As we have noted in prior editions of the Tax Accounting Review, a good time to review your tax record-keeping responsibilities is right after you have filed your tax return. Retaining and storing your income tax records is a crucial final step in fulfilling your tax filing ...
Canada's Competition And Foreign Investment Rules Under Review.
Sep 05, 2007 ... On July 12, 2007, the Canadian government announced the creation of a Competition Policy Review Panel tasked with reviewing key elements of Canada's competition and investment policies. The panel's "core mandate" is to review the Competition Act and Investment Canada Act ("ICA"). The panel ...
Human Capital (Pensions): An Induction Course On Inducements.
Sep 05, 2007 ... There has been a growing trend amongst employers of exploring ways to persuade members to agree to a reduction in benefits or to transfer from a defined benefit to a defined contribution scheme, and the Pensions Regulator is now well and truly on the case. We look at the issues for ...
Commercial And Dispute Resolution: Speculating For Gold On The New Frontiers Of Gambling.
Sep 05, 2007 ... Ten years ago, on what we then called the Internet but now presumably should call "Web 1.0", lawyers from around the world were grappling with the fundamental issues concerning the legal systems which would apply to gambling transactions which straddled international boundaries. Of course, ...
Commercial And Dispute Resolution: Is It Time To Roll The Credits?
Sep 05, 2007 ... Carl Rohsler, head of the gambling team at Hammonds discusses an important feature of the new UK law which does not seem to have received much attention - the ability to enforce contracts for gambling and for money lent on gambling contracts. Some parts of the Gambling Act 2005 ...
How To Avoid An IRS Audit.(Internal Revenue Service)
Sep 05, 2007 ... Over the past five years, we repeatedly predicted that the IRS would increase its audit efforts. According to IRS data released earlier this year, our predictions have unfortunately come true and IRS enforcement efforts have increased in virtually every area. The IRS has issued its annual ...
Financial & Tax Planning - Investment Outlook, Summer 2007.
Sep 05, 2007 ... In this issue Pension options explained Using IHT exemptions Protecting pension benefits on death Nil-rate band discretionary will trusts 'Non-working' spouses in a family business Transferring a pension overseas ...
New Marketing Techniques Versus Consumer Privacy: The Italian Approach.
Sep 05, 2007; ... Article by Avv. Felix Hofer* 1. In the 90ies the marketing industry in Europe was hit by revolutionary events: the impact of the information society with its striking new technologies offered ways of approaching consumers nobody would have even dreamed of just a few years ...
En Banc Federal Circuit Reverses "Duty of Due Care".
Sep 05, 2007 ... In a decision that eliminates the "affirmative duty of due care" that has historically been created by simple notice of infringement by the patent owner, a unanimous en banc opinion by the U. S. Court of Appeals for the Federal Circuit overruled its own precedent (Underwater Devices v ....
Racing Industry Urged To Unite For Rapid EI Relief And Compensation.(Equine herpesvirus diseases)(Brief article)
Sep 05, 2007 ... Recently, the media has hinted at a possible class action for damages resulting from Equine Influenza. This is not necessarily the best course of action for those affected. Suing Government successfully is notoriously difficult, whether based on negligence or breach of statutory ...
Businesses Expected To Welcome Crackdown On 'Domain Tasting'.(Internet Corporation for Assigned Names and Numbers)
Sep 05, 2007 ... The investigation by the leading global regulating body for the Internet, Internet Corporation for Assigned Names and Numbers (ICANN), into the practice of 'domain tasting' will be welcomed by Australian businesses. Domain tasting is the controversial process by which users ...
SEC Settles with Hedge Fund Adviser over Failure to Make Form 13F Filings Regarding Client Securities Holdings.
Sep 05, 2007 ... (Financial Services Alert - Developments of Note) FRB Authorizes BHC Ownership of SHLC Preferred Stock Convertible into Greater than 5% Voting Stock SEC Settles with Hedge Fund Adviser over Failure to Make Form 13F Filings Regarding Client Securities Holdings ...
Black And Blue Over The Colour Purple - Three Strikes And You're Out Cadbury?(Cadbury Schweppes PLC )(darrell lea chocolates)
Sep 05, 2007; ... By Catherine Logan, Partner Cadbury Schweppes executives and their lawyers must have been licking their wounds last night - or perhaps doing some damage to a family block or two, as the High Court recently dismissed their application for special leave to appeal against a ...
Whole Foods Decision Provides Guidance For Producers And Sellers Of Foods, Beverages And Consumer Products.
Sep 05, 2007 ... FTC Fails To Establish Narrow Product Market On August 21, 2007, the U.S. District Court for the District of Columbia released its decision denying the Federal Trade Commission's (FTC) motion for a preliminary injunction to halt the merger of Whole Foods Market and Wild Oats ...
Board Of Appeals Imposes Higher Barrier To Overcome Obviousness In The Wake Of KSR.
Sep 05, 2007; ... In its first precedential decisions since the Supreme Court's landmark KSR opinion, the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences (the Board) considered the issue of obviousness and affirmed final rejections of claims relating to three different ...
Scant Showing Of Future Plans To Infringe Insufficient For Declaratory Judgment.
Sep 05, 2007 ... The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of Nucleonics' declaratory judgment counterclaims for patent invalidity and unenforceability since no legal threat existed where Benitec voluntarily dismissed its patent infringement claims and granted a covenant not ...
Rights Of Light And Building Agreements.(RHJ Limited )(FT Patten Properties )
Sep 05, 2007 ... Building agreements between neighbours are not unusual. They may include an express release of rights of light or a reciprocal agreement allowing neighbours to build on their respective lands without objection. Unfortunately not all agreements are well drafted and arguments about ...
Binding Authorities: Insurers' Injunctions Against Coverholders.
Sep 05, 2007 ... A recent Commercial Court decision highlights the difficulties insurers face when applying for an injunction against coverholders. Insurers should not assume that such relief will be granted as of right. In this recent case, the insurer sought to restrain its coverholder from ...
SEC Releases Shareholder Access Proposals.(Securities and Exchange Commission)
Sep 05, 2007; ... On July 25, 2007, the Securities and Exchange Commission (the "SEC") issued two proposals regarding shareholder access to a company's proxy statement with respect to director nominations. Although the comment period for both proposals ends on October 2, 2007, SEC Chairman Cox has stated ...
In Re Seagate: The Federal Circuit Scuttles Underwater Devices And Narrows Privilege/Immunity Waiver.
Sep 05, 2007 ... The Federal Circuit's recently issued en banc decision in In re Seagate Technology (Fed. Cir. Aug. 20, 2007) overruled the court's previous standard for finding willful infringement, eliminated the previous affirmative duty to exercise due care to avoid infringing activity, and replaced it ...
SEC Proposals For Shareholder Access To Proxy Statement.(Securities and Exchange Commission)
Sep 05, 2007; ... The Securities and Exchange Commission (the "SEC") recently issued two alternative proposals on shareholder access to company proxy statements for director nominations. The SEC seeks comments by October 2, 2007. Both proposals seek to codify an SEC response to the Second ...
Customs: CITT Disassembles CBSA's Position On Imported Safety Footwear.
Sep 06, 2007 ... Article by Greg Kanargelidis and Elysia Van Zeyl, [c] 2007, Blake, Cassels & Graydon LLP A recent tariff classification decision by the Canadian International Trade Tribunal illustrates how an importer can lower customs duties and avoid anti-dumping duties by carefully ...
District Court Denies IRS Request For Textron's Tax Accrual Workpapers.(Textron Inc.)
Sep 06, 2007 ... Keywords: IRS, Textron Inc., Tax Accrual Workpapers, IRS, corporate taxpayers, enforcement, confidential materials, federal tax audit, litigation For months now, corporate taxpayers and their advisors have been watching the federal district court in Rhode Island, ...
Alternative Dispute Resolution for .eu Domain Names.(analysis of dispute resolution)
Sep 06, 2007; ... Keywords alternative dispute resolution, .eu domain names, top-level domain, cybersquatters, profit, third party trademarks, bad-faith registration, trafficking, identical trademark, similar trademark Every time that a new Top-Level Domain is introduced, ...
Options Backdating: The Latest Corporate Imbroglio.
Sep 06, 2007 ... Introduction On the heels of Enron, Worldcom, and Tyco, the financial community has been introduced to the latest corporate imbroglio known as backdating. With backdating, some executives allegedly manipulated their stock options in an attempt to increase their own compensation ....
Attractions For Foreigners.(influence of liberalization policy on investments by multinational corporations)
Sep 06, 2007; ... Mauritius is widely known for its Global Business Licence companies, Category 1 (GBL1) or 2 (GBL2), the former having access to double taxation agreements. It is a favoured route for many investors into several Asian and African countries. In this article we will explore the ...
High Court Extends Trade Practice Act Exposure To Companies Contracting With Governments.
Sep 06, 2007; ... In a major change to established thinking, the High Court has effectively limited its 1979 decision relating to crown immunity, in deciding that crown immunity does not apply to commercial contracts involving federal, state and territory governments, as far as the corporation contracting ...
New Bill Takes The First Steps To National Emissions Trading.
Sep 06, 2007 ... The Australian Government has taken the first legislative step toward national emission trading by introducing a Bill that will make it mandatory to report certain emissions of greenhouse gases, namely carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, certain hydrofluorocarbons ...
Should Emissions Trading Be Exempt From Stamp Duty And Capital Gains Tax?
Sep 06, 2007; ... With the implementation of an emissions trading scheme only a few years away, questions are now being asked if a scheme will attract stamp duty or capital gains tax? The debate between state and federal treasurers is already in full swing, which means that businesses will need ...
Punitive Costs Award Against Revenue.
Sep 06, 2007; ... It is not easy to obtain an order for costs in the tax court, still less to get a punitive one against the South African Revenue Service (SARS). The Income Tax Act provides five grounds on which costs may be awarded against either taxpayer or SARS, and it was in terms of subsection (a), ...
Communications Law Bulletin, July/August 2007.
Sep 06, 2007 ... This combined issue of our Bulletin describes events in July and August of this year. Although mid-summer tends to be a quiet time in Washington and the state capitals, there are a surprising number of developments to report in all segments of our industry. Those developments are covered ...
Communications Law Bulletin, July/August 2007 - Part Two.
Sep 06, 2007 ... Courts Find Unilateral Changes to Web-Based Terms and Conditions and Prohibitions on Class Action Lawsuits by Consumers Unconscionable In a number of recent cases brought by consumers against telecommunications carriers and web-based retailers, courts have refused to enforce the ...
From Stakeholders To SIPPs Your Pension Options Explained.(evaluation of pension contracts )
Sep 06, 2007 ... The world of retirement planning can be overwhelming. To help you make your decision, we explore three individual contracts and their differences. Although the rules governing how much individuals can contribute to, and accumulate within, UK-based pensions were harmonised on 6 ...