Mondaq Business Briefing back issues from May 2008:
Presumption Of Validity Zapped By Prior Art Commercial Product.(Woodstream Corp. verses Agrizap Inc.)
May 01, 2008 ... The U.S. Court of Appeals for the Federal Circuit reversed a district court's denial of Woodstreams judgment as a matter of law (JMOL) of obviousness of Agrizap's patent to electronic rodent killing devices. The Court's ruling was noteworthy given Agrizap's patent issued over the very ...
Declaratory Judgment Jurisdiction Despite Covenant Not To Sue.(Case overview)
May 01, 2008 ... Holding that jurisdiction existed under MedImmune's "all the circumstances" test, the U.S. Court of Appeals for the Federal Circuit recently reversed a lower court's finding of no jurisdiction in a Hatch-Waxman declaratory judgment action in which the pharmaceutical patentee had ...
Corresponding Structure Must Be An Algorithm, Not Just A Computer.(Aristocrat Technologies Australia PTY Ltd)(Case overview)
May 01, 2008 ... Addressing the issue of when a "means-plus-function" claim element (in the context of a computer operated invention) suffers from 35 U.S.C. s. 112, [paragraph] 2 indefiniteness due to the absence of clearly defined corresponding structure, a panel of the U.S. Court of Appeals for the ...
Heir's Right To A Patent Not A Question Of Federal Law.(United Nations Development Programme)
May 01, 2008 ... The U.S. Court of Appeals for the Federal Circuit distinguishing its recent announcement that federal law controls standing determinations in patent cases (see IP Update, Vol. 11, No. 3) held that Japanese intestacy law controlled the issue of whether title to a U.S. patent had ...
New Sec Rules Bring Smaller Public Companies Regulatory Relief.
May 01, 2008 ... This article originally appeared in The Legal Intelligencer,PLW, April 22, 2008. The new year brought with it sweeping changes from the Securities and Exchange Commission that should give many smaller public companies some welcome relief. Under SEC rules, all public ...
Insurance Alert #59.(Australian Securities and Investment Commission Act (2001))
May 01, 2008 ... Queensland Court of Appeal, 4 April 2008 CATCHWORDS financial planner - financial advisor - negligence - duty of care - special relationship and duties - Australian Securities and Investment Commission Act (2001) - Westpoint Group Bayshore Mezzanine Pty Ltd THE ...
Securities Commissions Propose New Registration Requirement For Investment Fund Managers.
May 01, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Securities Regulation, April 2008 HIGHLIGHTS Canadian investment fund managers will be required to register, with new financial and proficiency requirements ...
New Changes Proposed for International Dealers and Advisers.
May 01, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Securities Regulation, April 2008 HIGHLIGHTS Types of permitted clients to be expanded and solicitation to be allowed No more "look-through" registration ...
Amendments To Proxy Solicitation And Information Circular Requirements Under National Instrument 51-102 - Continuous Disclosure Obligations To Come Into Force On July 4, 2008.
May 01, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Securities Regulation, April 2008 Further to our bulletin of October 2007, the Canadian Securities Administrators (CSA) recently implemented proposed amendments to the proxy ...
BCE Bondholders Claims Rejected By Quebec Court.(Case overview)
May 01, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Mergers & Acquisitions, April 2008 On March 7, 2008, the Quebec Superior Court rendered five judgments rejecting claims of oppression and lack of fairness made by certain ...
International Law Protects Small States Liechtenstein Between International Agreements And Pressure Attempts.
May 01, 2008 ... With the current tax affair in Germany, Liechtenstein is again coming under pressure by large states to modify its financial system. The Government recognizes the need for adjustments in some areas, but it draws attention to the fact that Liechtenstein is one of the best-regulated ...
High Court Refuses Injunction To Stop An Explicit Video Being Shown On Newspaper Website.
May 01, 2008 ... This month, the High Court refused to grant an injunction to prevent video footage of Max Mosley, the head of Formula 1 motor-racing, being shown on the News of the World website (Case of Mosley v News Group Newspapers Limited, 9 April 2008). The website, maintained by the ...
Greasing Global Palms: Foreign Corruption a Key Regulatory Concern for U.S. Companies.
May 01, 2008 ... "Greasing Global Palms" was originally published in The Los Angeles Daily Journal, April 11, 2008. As companies shift work overseas to meet the challenges of globalization, they must also consider regulatory requirements in balancing their employment and business needs. Among ...
Recent Developments In Health Benefit Claims.
May 01, 2008 ... This article addresses issues that employers and health plans regularly face. Generally, claims for benefits under these employee welfare benefit plans are governed by federal law the Employee Retirement Income Security Act (ERISA). As illustrated below, although ERISA is a federal ...
IRS Changes The Rules For Performance-Based Compensation.(Internal Revenue Service)
May 01, 2008 ... Recent changes to the way in which the Internal Revenue Service (IRS) interprets "performance-based compensation" under Internal Revenue Code (IRC) Section 162(m) have narrowed the types of arrangements that may be classified as performance-based and will require publicly-held ...
Competition Commission's Final Report In Groceries Market Investigation.
May 01, 2008 ... On 30 April 2008 the Competition Commission (CC) published its final report in its inquiry into UK groceries retailing. The CC believes measures are necessary to improve competition in local areas and to address concerns about relationships between suppliers and retailers. ...
Insurance Alert.
May 01, 2008 ... The Facts On 6 April 2005 James Delmenico, retired commonwealth public servant, contacted Paul Brannelly, director of Brannelly Financial Pty Ltd, in response to certain advertised investments. One of the investments involved Bayshore Mezzanine Pty Ltd (Bayshore) and the ...
Once In A While, Common Sense Triumphs Over Political Posturing.
May 01, 2008 ... It is a relief to see that the UK Government has, in its 2008 budget backed down from implementing some of the draconian measures threatened against those non-domiciles who are tax residents of the UK. What is left in the UK budget will not be welcome to them but it could have been a ...
Derivative Structures - Recent Developments Of Importance.(Law overview)
May 01, 2008 ... Originally published in 2008 Lexpert / The American Lawyer - Guide to the Leading 500 Lawyers in Canada Overview Derivatives take two forms: (i) exchange-traded derivatives, which are traded on recognized exchanges, and (ii) over-the-counter (OTC) derivatives, ...
Total Price To Be Stated Prominently In Advertising Under New Bill.
May 01, 2008 ... Key Point Businesses will be required to specify a prominent single price for any goods or services advertised, if the business advertises any amount that would constitutes part of the price. Businesses will need to review their advertising under a proposed new ...
Asset-Based Lending: Recent Developments Of Importance.(Survey)
May 01, 2008 ... Originally published in 2008 Lexpert / The American Lawyer - Guide to the Leading 500 Lawyers in Canada Introduction Against a backdrop of high growth, competitive pressure, reduced pricing and more aggressive deal structures in the Canadian asset-based lending market, ...
"Was/Now" Price Reductions Found Misleading - Rules For Advertising Price Reductions.
May 01, 2008 ... Key Point When advertising price reductions, to avoid risks of misleading conduct, businesses should ensure that the goods on sale have actually been offered for sale at the "was" price for a period of at least two months preceding the sale period. Some products ...
Implications Of The National Greenhouse And Energy Reporting Act 2007 And Australia's Ratification Of The Kyoto Protocol.
May 01, 2008 ... As you are no doubt aware, the Australian Government ratified the Kyoto Protocol on 3 December 2007, and became a full member at the end of March 2008. The ratification commits Australia to complying with the Protocol's many obligations and we anticipate that this will lead to new ...
APRA Eases Up On Recognition Of Reinsurance Recoverables.(Australian Prudential Regulation Authority)
May 01, 2008 ... Insurers should welcome the latest changes to APRA's package of refinements to the general insurance prudential framework, as they will allow unsecured reinsurance recoverables from non-APRA authorised reinsurers to be recognised. Reinsurance Recoverables In December ...
DOFIs Exemptions Finalised.(direct offshore foreign insurers)
May 01, 2008 ... Exemptions for direct offshore foreign insurers ("DOFIs") from the requirement to be authorised by APRA have been finalised by the Australian Treasury. Although the details have slightly changed, the general thrust of the exemptions is the same as that proposed in September last year. ...
Changes To Advertising Laws Will Bring An End To Hidden Taxes And Charges.
May 01, 2008 ... Key Points Proposed changes to advertising laws will require businesses to specify a prominent "total price" in all advertisements that contain a statement about the price of consumer goods or services. Businesses should review their advertising campaigns and sign ...
Alberta Issues New OTC Derivatives Blanket Order.(over the counter derivatives )
May 01, 2008 ... Cleared OTC Derivatives added in 91-503, replacing 91-502 On April 11, 2008, the Alberta Securities Commission (ASC) issued Blanket Order 91-503, "Over-The-Counter Derivatives Transactions and Commodity Contracts". BO 91-503 replaced the previous Blanket Order 91-502 with ...
Damages: Calculating Diminution In Value.(Brief article)
May 01, 2008 ... The Technology & Construction Court (TCC) has recently considered the issue of how to calculate diminution in value, in the context of a professional negligence claim against a structural engineer. The claimant relied upon the engineer's report when purchasing a property. The ...
IP Report Online @ Gowlings - March 2008.(North American Leisure Group Inc.)(Brief article)
May 01, 2008; ... Edited by Robert A. MacDonald and Frank Mulock Trade Marks Report Opposition Changes Aim to Speed Up Process New Limits on Extensions to File Declarations of Use SUNQUEST: The Imagery of Confusion Le French Quarter Restaurant Keeps ...
Communications Law Bulletin, April 2008.
May 01, 2008 ... The Month In Brief April, 2008, brought continuing developments at the Federal Communications Commission ("FCC" or "Commission"), the state commissions, and on Capitol Hill, on issues ranging from net neutrality to the DTV transition to video franchising. Those developments ...
Award Modernisation Process Begins.
May 01, 2008 ... The Australian Industrial Relations Commission (AIRC) issued a Statement on 29 April 2008, laying down a proposed timeline for the AIRC's award modernisation process. The AIRC's Statement also identifies 19 priority industries, in relation to which it is proposed that the award ...
Department Of Labor Administrative Law Judge Rules That Sarbanes-Oxley's Whistleblower Provisions Do Not Apply To Research Analysts Of Privately Held Investment Adviser And Dismisses Suit.(The Sudan Accountability And Divestment Act Of 2007)
May 01, 2008 ... Developments Of Note Department of Labor Administrative Law Judge Rules That Sarbanes-Oxleys Whistleblower Provisions Do Not Apply to Research Analysts of Privately Held Investment Adviser and Dismisses Suit SEC Staff Provides No-Action Relief to Permit Insurance ...
Commercial Leasing And Ontario's Limitations Regime.(Real Property Limitations Act)
May 01, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Real Estate Leasing, April, 2008 When changes were made to the limitations laws in Ontario in 2002, the legal community debated extensively about when and how the new ...
An Employers Guide To Employee Representative Elections For Collective Redundancy Consultations And Other Workforce Representative Requirements (ICE; PEA; JCC; EWC; SNB; TUPE; PSC; HSCER).
May 01, 2008 ... Overview Over the last 10 years there has been an increase in the regulatory requirements for UK employers to consult with employee representatives. This trend is still continuing with even more employers being affected as of 6th April 2008. Consequently more and more ...
Financial & Tax Planning, Spring 2008 - Darling's First Budget: The Verdict.
May 01, 2008 ... BUDGET REFLECTIONS With the dust from the 2008 Budget settling, we look behind the headlines, including the repercussions for frequent business visitors to the UK and those who are non-UK domiciled. In his first Budget, Chancellor Alistair Darling raised more than ...
Recent ITAR Revisions.(International Traffic in Arms Regulations)
May 01, 2008 ... In December 2007 Department of State, Directorate of Defense Trade Controls (DDTC) amended the ITAR by adopting new Section 124.16 (Special Retransfer Authorizations for Unclassified Technical Data and Defense Services to Member States of NATO and the European Union, Australia, Japan, ...
Proceeds Of Criminal Conduct Law And The Money Laundering Regulations.
May 04, 2008 ... INTRODUCTION The following is intended to be a general summary of the Proceeds of Criminal Conduct Law (as amended) (the "Law") and the Money Laundering Regulations (as amended) (the "Regulations"). The Law was originally enacted on 20 September 1996 and the Regulations came ...
Securitisation in Russia.
May 04, 2008 ... This article was originally published in The International Comparative Legal Guide to: Securitisation, 2007. 1 Receivables Contracts 1.1 Formalities. In order to create an enforceable debt obligation of the debtor to the seller, (a) is it necessary that the sales of goods or ...
Patently Obvious? Getting Protective Over Software Programs.
May 04, 2008 ... The debate over whether and to what extent it should be possible to patent software and computer-implemented inventions has heated up again following the decision in Astron Clinica and others Applications [2008] EWHC 85 (Pat). This key court decision brought into question how the law ...
Supreme Court Ruling On Outsourcing: Part Two.
May 05, 2008 ... 4.5. Transfer pricing and attribution of profits to a permanent establishment 4.5.1. Morgan Stanley case Under Art. 7 of both the OECD Model Convention and UN Model Treaty, a foreign enterprise is liable to tax in the source country on its business profits which ...
July 1, 2008: Hands-Free Cell Phone Use Mandatory.(The California Wireless Telephone Automobile Safety Act )
May 05, 2008 ... Effective July 1, 2008, California joins Connecticut, the District of Columbia, New Jersey, New York, and some local jurisdictions in prohibiting the use of handheld mobile phones while driving. The California Wireless Telephone Automobile Safety Act prohibits the use of cell phones in ...
FCPA Insights: Civil And Criminal Actions Against Individuals.(Foreign Corrupt Practices Act)
May 06, 2008 ... Originally published April 2008 Keywords: FCPA, Foreign Corrupt Practices Act, civil liability, criminal liability, Robert Philip, Schnitzer Steel Industries, anti-bribery, Gerald Green, Patricia Green, corrupt payments, Juthamas Siriwan, Thailand, film festival management, ...
FCPA Insights: Post Akzo-Nobel And Flowserve - Is The Jurisdictional Scope Of The Foreign Corrupt Practices Act All-Encompassing?
May 06, 2008 ... Keynotes: Akzo-Nobel, Flowserve, Foreign Corrupt Practices Act, FCPA, domestic companies, Standefer, Nofziger, Dooley, United Tech. Corp., Syncor Taiwan, foreign companies, vicarious liability Recent Foreign Corrupt Practices Act ("FCPA") settlements are raising new questions ...
Commercial STAR Trusts.(STAR Trusts)
May 06, 2008 ... Uses Of STAR Trusts For Holding Shares In Corporate Entities Introduction The Special Trusts (Alternative Regime) Law, 1997 (the "STAR Law") was introduced in late 1997 and is now incorporated into Part VIII of the Trusts Law (as amended). The idea of the law was ...
Supreme Court Ruling On Outsourcing: Part One.
May 06, 2008 ... This article examines the ruling of the Supreme Court in Morgan Stanley and the ramifications of that case for the interpretation of the treaty article on permanent establishments and the attribution of profit to a permanent establishment in an international context. Other Indian court ...
Role Of The Trust Protector.
May 06, 2008 ... The Role Of The Trust Protector What Is A Protector? Many Trusts are now established which contain provisions appointing a Protector. The office of Protector has no statutory background and a Protector derives his role and responsibility entirely from the terms of the ...
Delaware Decisions Call Into Question Effectiveness Of Advance Notice Bylaws.(Jana Master Fund, Ltd)
May 06, 2008 ... Two recent decisions from the Delaware Court of Chancery raise issues concerning the operation of advance notice bylaws. Advance notice bylaws set deadlines and other procedural requirements on a stockholder's ability to submit nominations or other proposals for consideration at a ...
Safe Harbor Applies To ITC Action Based On Foreign Practice Of Patent Process.(International Trade Commission)(Case overview)
May 06, 2008 ... The U.S. Court of Appeals for the Federal Circuit affirmed the International Trade Commission's (ITC) ruling that the safe harbor statute applies in proceedings under the Tariff Act relating to process patents, as well as product patents, for imported products that are used for the ...
District Court Did Not Err In Resetting Effective Date Of ANDA Under 35 U.S.C. s. 271.(Company overview)
May 06, 2008 ... The U.S. Court of Appeals for the Federal Circuit affirmed a district court's grant of summary judgment, finding that the lower court correctly ruled on the issues of claim construction, inequitable conduct, obviousness and enablement. The Court also held that the district court was not ...
CMS Includes Additional Stark Proposals In IPPS Proposed Rule, Requests Comments.(Centers for Medicare and Medicare Services)(Inpatient Prospective Payment System)
May 06, 2008 ... Public comments on the concepts and particulars of the proposed rule must be submitted by June 13, 2008. The recently released annual proposed rule updating the Medicare Inpatient Prospective Payment System (IPPS), like the 2008 Medicare Physician Fee Schedule regulation ...
Charity Law.
May 06, 2008 ... INTRODUCTION This is intended to be a brief summary of the basic principles of Cayman Islands' charity law. In the absence of any authority to the contrary, principles of Cayman Islands Charity Law are likely to follow English law principles. DEFINITION OF CHARITY ...
Asset Protection Trusts.
May 06, 2008 ... INTRODUCTION There has been a good deal of interest in recent years in what are known as asset protection - or sometimes creditor protection trusts - and the subject has been much discussed at seminars dealing with offshore trusts. The reason for the interest is ...
Personal Liability Of Directors With Respect To Salaries.
May 06, 2008 ... Edited by Julie-Martine Loranger A company has its own legal personality distinct from that of its shareholders and directors. It also has its own separate rights and obligations. This characteristic allows for the limitation of shareholders' and directors' liability who ...
Restoration Of A Company To The Register Of Companies.
May 06, 2008 ... INTRODUCTION Under Section 175 of the Companies Law (as amended) (the "Law"), the Registrar may strike a company off the Register of Companies if he has reasonable cause to believe that the company is not carrying on business or is not in operation. The usual reason why the ...
Landlord Waivers.(Landlord-tenant relations)
May 06, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Real Estate Leasing, April, 2008 Occasionally a tenant will present a landlord with an agreement entitled "landlord waiver" or "landlords waiver and consent," requesting ...
Green Building Designations For Greenhorns: LEED vs. BOMA Go Green.(Leadership in Energy and Environmental Design)(Building Owners and Managers Association International)
May 06, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Real Estate Leasing, April, 2008 It seems these days that everyone is going green. The real estate sector is no different, with industry players rapidly familiarizing ...
Green Buildings And Green Leases: What's In It For Me?
May 06, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Real Estate Leasing, April, 2008 The past several decades have seen a major push towards environmentally friendly products, increased conservation of resources, and ensuring ...
How To Avoid Little-Noticed Traps In Subleasing.
May 06, 2008 ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Real Estate Leasing, April, 2008 Subleases are far from being a new concept in leasing, but recent cases have highlighted the subtle differences of a sublease from a standard ...
Bankrolling Biomass.
May 06, 2008 ... The past 12 months has seen a huge surge in interest in biomass in the UK, largely driven by the doubling of Renewable Obligation Certificates (ROCs) allocated to qualifying biomass projects. Growth has also been spurred by the appetite of utilities and independent developers for a ...
Legislation Proposed To Eliminate Employment Taxes On Employer-Provided Cell Phones.
May 06, 2008 ... The use of cell phones is a fact of life today. Many employees are provided cell phones or BlackBerries (or similar devices) by their employers, and, until recently, very few employers gave much thought to doing so. That is starting to change, however, thanks in part to the Internal ...
Update On Proposed Mandatory Product Recall Law.
May 06, 2008 ... Legislation to enact the Canada Consumer Product Safety Act and complementary amendments to the Food and Drugs Act, two key components of Canada's new Food and Consumer Product Safety Action Plan, was tabled in the House of Commons earlier this month. The Food and Consumer ...
ERISA A New Standard Of Review For Plan Administrators Who Both Evaluate And Pay Claims?(Employee Retirement Income Security Act)
May 06, 2008 ... Originally published May 5, 2008 Keywords: Metlife, Glenn, ERISA benefits, Firestone Tire, Bruch, benefit denials, abuse of discretion On April 23, 2008, the US Supreme Court heard oral argument in Metlife v. Glenn, No. 06-923, a case that could settle important ...
Gov't Rummaging Through Your Laptop's Contents? No Problem If You're Re-Entering Usa, Says Ninth Circuit.
May 06, 2008 ... You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb. But you may not expect, on returning home from abroad, to have U.S. Customs demand your computer password so they can ...
New Case Adopts "Common Sense" Approach To Academic Medical Center Stark Exception.
May 06, 2008 ... On April 8, 2008, the U.S. District Court for the Western District of Kentucky dismissed a multimillion-dollar claim in a whistleblower lawsuit against the University of Louisville Medical School, the Kosair Children's Hospital and several private physicians with medical school faculty ...
FINRA Issues Regulatory Notices On Foreign Research Analysts, Third-Party Research Reports And Unauthorized Proprietary Trading.(Financial Industry Regulatory Authority)
May 06, 2008 ... FINRA recently issued three Regulatory Notices addressing: (1) the rules governing exemptions from the research analyst qualification examination for foreign research analysts; (2) the rules governing member firm disclosure and supervisory review obligations for third-party research ...