Mondaq Business Briefing back issues from October 2007:
Changes In Civil Procedure And Judicial Culture Affect Business Practices.
Oct 01, 2007 ... When the Brazilian Code of Civil Procedure was adopted in 1973, the need for procedural rules that would allow for effective and rapid solutions to disputes was already much discussed. Since then, many constitutional amendments and bills to improve the judicial process have been drafted ...
CVM Issues New Rules On Coercive Fines.(Comissao de Valores Mobili rios)(Coercive fines )
Oct 01, 2007 ... After public consultation, on April 30, 2007 the Brazilian Securities Commission (Comissao de Valores Mobili rios - CVM) issued CVM Instruction 452, which revokes CVM Instruction 273/98 and establishes more detailed rules on the application of coercive fines by the Commission. ...
SCC Divided On Key Issues Of Copyright Law And Policy: Grey Marketer Prevails.
Oct 01, 2007 ... On July 26, 2007, the Supreme Court of Canada (SCC) issued its decision in the case of Kraft Canada Inc. v. Euro Excellence Inc. The SCC allowed the appeal of Euro Excellence, thereby disallowing Kraft Canada's claim of secondary infringement of copyright against Euro Excellence. ...
Proposal For Constitutional Reform.
Oct 01, 2007 ... The President of the Republic in his official address to the Nation on August 15, 2007, presented his proposal for the reform of 33 articles of the Constitution of the Bolivarian Republic of Venezuela. Following are the main aspects of the constitutional reform: New ...
A Random Walk Down The Final Section 409A Regulations.
Oct 01, 2007 ... Reprinted from Benefits Law Journal Autumn 2007, Volume 20, Number 3, pages 1-4, with permission from Aspen Publishers, Inc., Wolters Kluwer Law & Business, New York, NY, 1-800-638-8437, www.aspenpublishers.com. Slogging through the nearly 400 pages of final Section 409A ...
District Court v. USPTO: The Battle Of Claim Construction Standards.(United States Patent and Trademark Office)(Trans Texas Holdings Corp.)
Oct 01, 2007 ... In affirming a decision of the Board of Patent Appeals and Interferences (the Board) the U.S. Court of Appeals for the Federal Circuit made clear that during reexamination of a patent, the USPTO is not bound by a district court's claim construction order issued in a proceeding to which the ...
Reliance On Examiner's Oral Promise Fatal To Petition To Revive Abandoned Application.
Oct 01, 2007 ... Relying on 37 C.F.R. s.1.2, which states that all business with the U.S. Patent and Trademark Office (USPTO) should be transacted in writing and that no attention will be paid to any alleged oral promise in relation to which there is disagreement or doubt, the director of petitions ...
"Point Of Novelty" In A Combination Design Patent Must Be A "Non Trivial Advance".(Egyptian Goddess, Inc.)(Swisa, Inc.)
Oct 01, 2007 ... In a decision addressing the point of novelty test for design patent infringement, the U. S. Court of Appeals for the Federal Circuit held that the patentee's asserted point of novelty "constituted a non-trivial advance over the prior art" and that the district court did not err in ...
Constructive Reduction To Practice Of A Count May Be Established By Disclosure Of Species.
Oct 01, 2007 ... (c) Mondaq Ltd, 2007 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com Reversing a decision by the United States Patent and Trademark Office Board of Patent Appeals and Interferences (Board) in a patent interference, the U.S. Court of Appeals for the Federal Circuit held that ...
New Protocol Proposes Major Changes To The Canada-US Income Tax Treaty.
Oct 01, 2007 ... On September 21, 2007, representatives of Canada and the US signed the Fifth Protocol to the Canada-United States Income Tax Convention ("Protocol"). The Protocol will enter into force after ratification by both countries, which is not expected to occur before the end of 2007. ...
Amendments To Canadian Insider Reporting Exemptions.
Oct 01, 2007 ... Canadian securities regulators have recently revised some of the rules governing insider reporting. National Instrument 55-101, Insider Reporting Exemptions, provides relief from the obligation to file insider reports in certain situations and has been amended, effective September 10, ...
Freedom, Regulation, And Net Neutrality.
Oct 01, 2007 ... Die ich rief, die Geister, werd' ich nun nicht los!1 Introduction The current debate over network neutrality - in all meanings of that phrase - embodies at its core a fundamental contradiction. Some parties ("Netheads2") extol the freedom of the Internet: freedom ...
Investing In French Real Estate Through A Mauritius GBL1.
Oct 01, 2007 ... We would like to examine the advantages of holding French real estate (either principal residence or secondary home) through a Mauritius company and to avoid the three percent yearly tax on assessed value. Additional estate planning opportunities are also open. General Rule ...
New York State Task Force Targets Employers Who Misclassify Workers.
Oct 01, 2007 ... On September 7, 2007, Governor Spitzer signed an Executive Order establishing the "Joint Enforcement Task Force on Employee Misclassification" (the "Task Force"). The Task Force is designed to strengthen New York State's enforcement of laws against employers who misclassify workers as ...
To Land Or Not To Land.
Oct 01, 2007 ... Owners of licensed airfields have an onerous obligation to ensure that services provided to pilots are adequate, safe and reliable. There is little room for error. There is a general statutory and common law duty to maintain an airfield in a proper manner and to warn pilots of problems ...
The Department Of Homeland Security Publishes Regulations Providing A "Safe Harbor" Procedure For Employers Who Receive No-Match Letters From The Social Security Administration. Is It Really A "Safe Harbor"?
Oct 01, 2007 ... Originally published August 2007 New Rules Regarding "No-Match" Notification Letters Recently the Department of Homeland Security (DHS) published its amended regulations, providing further guidance to employers who receive written notification from the Social Security ...
Interdicting The Media - A Losing Strategy.
Oct 01, 2007 ... When faced with the prospect of being implicated in a story by an investigative journalist, many influential business people instruct their lawyers to urgently apply to court to prevent the publication of the story. Generally such applications for an interdict are ill-advised, because our ...
Exercise Of Delaware Appraisal Rights Still A Long And Uncertain Process.
Oct 01, 2007 ... When minority stockholders feel as if they have not received fair value as the price in a "cash-out merger" transaction, they often consider seeking appraisal rights for their stock. In a recent decision, Highfields Capital, Ltd., Highfields Capital I, L.P. and Highfields Capital II, L.P ....
An Entrepreneur's Guide To Getting A Company Ready For Sale.
Oct 01, 2007 ... As an entrepreneur running a business, you may contemplate selling it one day. While that date may seem remote now, any number of events could give rise to a sale - you may want to raise capital for another venture or sell one part of your business to grow the rest. Perhaps an unsolicited ...
Special Report: What Trademark Owners Really Need To Know About The .ASIA Sunrise.
Oct 01, 2007 ... If you are a trademark owner or represent one, you have almost certainly received numerous notifications that the .ASIA sunrise period opens October 9, 2007. Most of these notifications are likely solicitations from various service providers designed to persuade you or your client to ...
U.S. District Court Decision Points Out Potential Risks In Non-Recourse Loans.
Oct 01, 2007 ... Borrowers and Guarantors Urged to Negotiate Clear, Defensible "Bad-Boy Provisions" That Limit Liability Earlier this year, in a decision handed down in favor of a commercial mortgage lender, the United States District Court for Massachusetts offered a clear warning to careless ...
Professional Indemnity: Architects.
Oct 01, 2007 ... In Pearson v Charter Partnership, the Court of Appeal revisited the principles underlying the decision in Baxall which allowed a negligent architect to escape liability in tort due to an intervening event. In 2002, the Court of Appeal in Baxall v Sheard Walshaw held that ...
Throwing Your Weight Around - A Thing Of The Past In Australian Business?
Oct 01, 2007 ... Small business has stacked up a significant number of wins over big business in developments Australian commercial law in recent times.Three of the most topical are: Unconscionable Conduct In Business Transactions The cut-off for unconscionable conduct actions under ...
Ohio Opens The Door For Majority Voting In Director Elections.
Oct 01, 2007 ... As a result of a recent amendment to Ohio law,1 effective January 1, 2008, shareholders of Ohio corporations may require that director candidates receive a majority vote in order to be elected. Under the current plurality voting standard of Ohio Revised Code s. 1701.55(B), it takes only a ...
Beware Of Changing Credit Terms On The Eve Of Your Customer's Bankruptcy.
Oct 01, 2007 ... Two recently issued decisions may make it more difficult for a preference defendant to establish the ordinary course of business defense when the defendant revises credit terms with a customer having financial difficulty on the eve of the customer's bankruptcy. As background, a ...
CMS Issues Final Rule On Revisit User Fees.
Oct 01, 2007 ... On September 19, 2007, the Centers for Medicare & Medicaid Services (CMS) published a final rule establishing "revisit user fees." These fees will be assessed against health care facilities participating in the Medicare program that, failing to meet federal standards relating to quality of ...
Corporate Countdown - Setting Out A Tax Timetable.
Oct 01, 2007 ... This article first appeared in the July / August 2007 edition of Iberian Lawyer While not as dramatic as anticipated, Gibraltar's recent budget provides a timetable for the long-awaited introduction of a new low corporate tax regime, says Michael Castiel, partner at Hassans. ...
SEC Adopts Temporary Rule Regarding Adviser Principal Trades And Other Interpretive Guidance Regarding Broker-Dealer Adviser Activities.(United States. Securities and Exchange Commission)
Oct 01, 2007 ... On September 19, 2007, the Securities and Exchange Commission (the "Commission" or "SEC") adopted a temporary rule ("Temporary Rule") that provides limited relief to firms registered as investment advisers under the Investment Advisers Act of 1940 ("Advisers Act") and as broker-dealers ...
Best Endeavours vs Reasonable Endeavours - Why The Fuss?
Oct 01, 2007 ... A contract will often impose an obligation on a party to use best endeavours or reasonable endeavours in relation to some act or thing eg. an obligation to "obtain finance". Since parties typically want to minimise their obligations under contract, arguments often arise about ...
Equality Before The Law.
Oct 02, 2007 ... Introduction Employment Equality legislation in Ireland is to be found in the Employment Equality Act 1998 as amended by the Equality Act 2004. This legislation is extremely detailed but in effect makes it unlawful for employers to discriminate against a person on the basis of ...
Market Abuse Directive.
Oct 02, 2007 ... Introduction The EU Market Abuse Directive, implemented in Ireland on 1 July, 2005 as the Market Abuse (Directive 2003/6/EC) Regulations (the "Regulations"), imposes significant obligations on all listed issuers (both Irish and overseas) whose securities or instruments are ...
Implementation Of The Transparency Directive - Closed Ended Funds.
Oct 02, 2007 ... The Transparency Directive (2004/109/EC) (the "TD") was implemented into Irish law on 13th June 2007 by the Transparency (Directive 2004/109/EC) Regulations 2007 (the "Regulations") and has effect from this date. The TD seeks to enhance transparency in EU capital markets in order to ...
FTC Affirms ALJ's Decision That a Merger by Chicago Area Hospitals Violated the Antitrust Laws.(United States. Federal Trade Commission)(Evanston Hospital (Evanston, Illinois))(Clayton Act)(administrative law judge)
Oct 02, 2007 ... LAW WATCH[R] is now Legal News ...a modern approach to delivering the same cutting-edge thought-leadership you've come to expect from Foley. Action: The full panel of Federal Trade Commission (FTC) Commissioners (the Commission) upheld the earlier decision by an Administrative ...
The TIC Industry - What To Expect In 2008.
Oct 02, 2007 ... The current year, 2007, has presented unprecedented challenges to the Tenant-in-Common (TIC) industry, including: A declining base of anxious sellers of appreciated real estate looking for exchange opportunities Confusion and concern in the real estate debt capital ...
The Insurance Mediation Directive - Transposition Challenges And Pitfalls.
Oct 02, 2007 ... Introduction The Government's second attempt to transpose the Insurance Mediation Directive must this time give full effect within the Irish jurisdiction to the rights and obligations vested in service providers and consumers under the directive. Sinead O'Loghlin and Tom Carney ...
Depositions Of In-House Counsel-Protecting The Attorney-Client Privilege.(Reprint)
Oct 02, 2007 ... Previously published in In-House Defense Quarterly, Winter 2007. You were simply doing your job as in-house litigation counsel to your company-reviewing the claim; investigating the situation; gathering facts from the company's employees; preparing a report for your business ...
News Alert - New Zealand Government Outlines Its Climate Change Solutions.
Oct 02, 2007 ... An emissions trading scheme, rather than the previously proposed carbon tax, will be the central platform for implementing New Zealand's commitments under the Kyoto Protocol and reducing the country's greenhouse gas emissions. This was announced by the New Zealand Government yesterday. ...
News Alert - Registration Of .Asia Domain Names Opening Soon.
Oct 02, 2007 ... From 6 October 2007, trade mark owners will have the chance to register domain names in the new '.asia' top-level domain (TLD), prior to a general release of .asia names in 2008. The domain space will open in several phases, offering opportunities in turn to government entities, owners of ...
Federal Circuit Lacks Jurisdiction To Decide Appeal from Nonparty Patent Attorney.(Nisus Corp.)
Oct 02, 2007 ... The U.S. Court of Appeals for the Federal Circuit recently dismissed the appeal of a patent attorney involved in the prosecution of an application, resulting in a patent that a district court held unenforceable due to inequitable conduct. Nisus Corp. v. Perma-Chink Sys., Inc., Case Nos ....
Go Celebrate Mr. Jackson; Here's 50 Cent For Your Birthday.(cases of infringement on Curtis Jackson)
Oct 02, 2007 ... Addressing an unusual but high-profile copyright dispute involving famous rappers, the U.S. Court of Appeals for the Eleventh Circuit granted summary judgment for rapper Curtis Jackson (a.k.a. 50 Cent) on claims that he infringed the copyright for the song "Its Your Birthday" by rapper ...
Ninth Circuit Rules That Vote-Swapping Websites Cannot Be Prosecuted Under Vote-Buying Statutes.
Oct 02, 2007 ... In a decision that could have significant implications for the upcoming 2008 presidential election, the U.S. Court of Appeals for the Ninth Circuit held that California's former Secretary of State Bill Jones improperly threatened criminal prosecution against vote-swapping websites ...
New Protocol To Canada-U.S. Tax Treaty - Elimination Of Withholding Tax On Interest And Other Changes.
Oct 02, 2007 ... Part I of our Tax Series on the Protocol Canada and the United States signed the widely anticipated 5th protocol (the "Protocol") to the Canada-U.S. Tax Treaty (the "Treaty") today. Once it has been ratified by both countries, the Protocol will ultimately eliminate withholding ...
From Watergate To Videogate.(National Football League)
Oct 02, 2007 ... You may have read about the recent controversy involving the New England Patriots after a team official was caught videotaping opposing team defensive signals. The National Football League fined Coach Bill Belichick $500,000 while the Patriots were ordered to pay $250,000. The ...
Stakes Rise Over Debtors' Duty To Preserve ESI.(electronically stored information)(Reprint)
Oct 02, 2007 ... Reprinted with permission from The Journal of Corporate Renewal, April 2007. Difficulties in complying with the duty to preserve electronically stored information (ESI) have been chronicled in a rich body of case law going back several years, including cases in which courts have ...
Risk Mitigation Strategies For Manufacturers Of Nanomaterials.
Oct 02, 2007 ... Despite regulatory uncertainties and the lack of safety data, companies are rushing nanomaterials to market in a wide variety of FDA-regulated product categories. A public inventory of products that claim to contain nanomaterials includes products such as foods (including dietary ...
Law Update: Immigration And Nationality.
Oct 02, 2007 ... Dealing With Immigration Issues: What Does The Future Hold For An Employer? No one in the United States has been able to avoid the issue of immigration during the past year, most certainly not the U.S. employer. It has been a tumultuous year. The Department of Homeland Security ...
EU Rules Affecting Outsourcing In The Financial Services Sector In Europe.
Oct 02, 2007 ... KEY WORDS - MiFID, outsourcing relationship, financial services sector, operational risk, good practice, core investment services, material outsourcing, critical functions The financial services sector in Europe will become subject to a new regulatory regime as of November 1, ...
Managing Harassment Complaints With An Eye Toward Litigation.
Oct 02, 2007 ... Originally published in The Metropolitan Corporate Counsel, Volume 15, No. 9, September 2007. Allegations of harassment can impact a company's finances - if a claim goes to trial - and its reputation, something which it has spent years building and maintaining and which ...
Migrating IP Offshore Within A Transfer Pricing Setting.
Oct 02, 2007 ... Article by Dale C. Hill and Santino Di Libero1 I. Introduction If a multinational corporation had the luxury of perfect hindsight, it would optimize its global positioning and operational efficiencies by migrating intangible assets prior to those assets proving ...
PIMCO's Bill Gross On Home Prices, Changes In The Credit Markets, And Their Impact On The Fed's Future Rate Decisions.(Brief article)
Oct 02, 2007 ... Originally Posted in Cooley Godward Kronish LLP's In The (Red) Business Bankruptcy Blog, October 1 2007 Bill Gross, Managing Director at Pacific Investment Management Company LLC, known as PIMCO, has some interesting comments on the credit markets, housing prices, the economy, ...
Newly Passed Bill Heightens Scrutiny Of Foreign Investment In U.S.(Dubai Ports World)
Oct 02, 2007 ... Originally published in the Houston Business Journal, September 2007. Foreign investment in the United States is once again under the microscope. National security and protection of the economy were the drivers for a new law that will lead to more federal government review of ...
New Derivative Action May Lead To Increased Claims Against Directors.
Oct 02, 2007; ... Article by Guy Pendell and Lindsey Davies A new statutory framework for derivative actions comes into force today under the Companies Act 2006. These provisions widen the scope of such actions and have the potential to increase claims against directors. The Action ...
Companies Act 2006: Provisions In Force On 1 October 2007.
Oct 02, 2007 ... Monday, 1 October 2007 is one of the key implementation dates for the new Companies Act. Among other things, important changes relating to directors' duties, derivative actions and the rules on meetings and shareholder resolutions are coming into effect. For the first time, the ...
Employee Benefits Advisory: An Employers' Guide To The 2006 Massachusetts Health Care Reform Act.(Brief article)
Oct 02, 2007 ... Updated As of September 22, 2007 For a copy of the most current version of An Employers' Guide to the 2006 Massachusetts Health Care Reform Act, please click here. This iteration of the guide incorporates changes made by the following items of guidance: Massachusetts ...
Antitrust Restrictions On Bundled Discounts: Cascade Health Solutions v. Peacehealth.(Cascade Health Solutions)
Oct 02, 2007 ... On September 4, 2007, the Court of Appeals for the Ninth Circuit issued its much-anticipated opinion in Cascade Health Solutions (f/k/a McKenzie Williamette Hospital) v. PeaceHealth, No. 05-35627. PeaceHealth addresses the important issue of whether a dominant firm's bundled discounts can ...
Stark Phase III Rules Loosen Recruitment And Retention Requirements.
Oct 02, 2007 ... Article by Janice A. Anderson, Michael L. Blau, Laura J. Gage, Maria E. Gonzalez Knavel, Charles B. Oppenheim, Chris E. Rossman and Lawrence W. Vernaglia On September 5, 2007, the Centers for Medicare & Medicaid Services (CMS) published long-awaited final "Phase III" rules ...
The Reform Of Finnish Corporate Taxation.
Oct 03, 2007; ... A bill aimed at reforming Finnish corporate taxation is forthcoming in October 2007. The reform seeks to harmonise corporate tax legislation with the new Finnish Companies Act. It also aims to minimise the connection between the calculation of taxable income from the calculation of ...
Risk Management For Trustees: Practical Lessons From Recent Cases About Providing Security For The Outgoing Trustee's Indemnity And No-Contest Clauses.(Case overview)
Oct 03, 2007; ... Most trustees understandably want nothing to do with litigation. The experience of making or defending a hostile claim is usually bad for business and certainly counterproductive to good relations between all of the parties involved in administering a trust, or who have an interest in the ...
A Fine Balance: Two Recent Cases From The Cayman Islands.(Excerpt)(Case overview)
Oct 03, 2007; ... This article is a summary of a talk delivered at the Legal Week Trusts and Estates Litigation Conference in March 2007. Introduction No offshore jurisdiction that wishes to be taken seriously will hold itself out as the ideal place to shelter ill-gotten gains or to ...
Company-Sponsored Pensions - Show Some Appreciation.
Oct 03, 2007 ... Chris Murray looks at how employers can use better communication and online technology to help employees recognise the value of their company-sponsored pensions. Every year, UK employers pay millions of pounds in pension contributions, yet much of the workforce is oblivious to ...
Employee Absenteeism - Making Up For Lost Time.
Oct 03, 2007 ... Employee absenteeism can have a huge impact on a business. Matt Haswell offers employers some practical advice on how to counter the losses. Sick leave and absenteeism can take a heavy toll on a company's productivity and place a huge financial burden on employers. In addition ...
Defined Contribution Schemes - Watching Out For The Workers.
Oct 03, 2007 ... A 'lifestyle' facility in a defined contribution pension scheme can be helpful to many people - but it doesn't suit everyone, warns Chris Murray. He looks at ways in which members can lower their investment risk and safeguard returns. "The value of your investments may go down ...
Enhancement Of Limit Of Prepayment Of External Commercial Borrowings.(Brief article)
Oct 03, 2007; ... Earlier, the Reserve Bank of India had enhanced the limit for prepayment of External Commercial Borrowings (ECB) under the ECB Policy to USD 400 million from the earlier limit of USD 300 million. Prepayment of ECBs was permitted without prior approval of the RBI, subject to compliance with ...
Enhanced Limits Of Remittance Facilities.(Brief article)
Oct 03, 2007; ... The Liberalized Remittance Scheme (Scheme) notified by the Reserve Bank of India (RBI) for provision of simplified foreign exchange facilities to resident individuals, other than corporates, partnership firms and trusts, has been amended periodically to further liberalize the remittance ...
State Statutes Permitting Security Freeze On A Credit Report File.
Oct 03, 2007; ... In order to help prevent the unauthorized use of information from a consumer report file to fraudulently open a new account, over thirty-five states, as well as the District of Columbia, have enacted laws allowing an individual to place a "security freeze" on his or her credit report ...