Mondaq Business Briefing back issues from June 2008:
An Immigration Dashboard For Human Resource Professionals - Part 2.
Jun 02, 2008 ... Article by Angelo Paparelli and Lily S. Hensel Examining Maintenance Of Status Prior To Offering Employment Often, when an employer wishes to hire an employee, the employer wants the hiring done immediately. With an expedited procedure known as the USCIS ...
Rambus Decision: Lawful Monopolist's Allegedly Deceptive Conduct Not Actionable Under The Antitrust Laws.
Jun 02, 2008 ... Despite the D.C. Circuit decision, firms should remain cautious in dealing with standard-setting bodies. On April 22, 2008, the U.S. Court of Appeals for the D.C. Circuit overturned the Federal Trade Commission's (the Commission's) finding that Rambus, Inc. (Rambus) violated ...
A Compilation Of Enforcement And Non-Enforcement Actions - May 2008.(Conference notes)
Jun 02, 2008 ... Non-Enforcement Matters SEC Director Describes Examination Focus During a recent conference in Washington, D.C., Lori Richards, Director of the Office of Compliance Inspections and Examinations of the U.S. Securities and Exchange Commission (SEC) described the top 10 ...
Down To The Wire.(the usage of intercept evidence )
Jun 02, 2008 ... First published in The Law Society Gazette 22 February 2008. We can use intercept evidence in a way that will lead to fairer trials and avoid extending pre-charge detention, arguesJeremy Summers In 1586 encoded letters were intercepted and admitted in evidence ...
Unit Trusts.
Jun 02, 2008 ... INTRODUCTION A unit trust is a special kind of trust which, in addition to being subject to the laws governing trusts, is also subject to the laws governing mutual funds. A unit trust may be registered as a mutual fund if the trust units are redeemable at the option of the ...
City Of Toronto Lobbyist Registry.
Jun 02, 2008 ... On January 30, 2008, the Council for the City of Toronto enacted by-law 150-2007 (the "By-law") to create a lobbyist registry (the "Lobbyist Registry") to regulate communication outside of a public process between lobbyists and public office holders. The intention of the By-law is to ...
Freezing Orders.
Jun 02, 2008 ... INTRODUCTION The object of this Memorandum is to provide clients of Walkers with law and procedure in relation to freezing orders in the British Virgin Islands. Freezing orders were formerly called Mareva Injunctions. BRITISH VIRGIN ISLANDS OVERVIEW As ...
Demand Loans And The Limitations Act, 2002.
Jun 02, 2008 ... Background And Overview The former Limitations Act (the act in force in Ontario before January, 2004) was applied awkwardly to demand loans. It was based in part on English legislation going back to the sixteenth and seventeenth centuries. The key concept underlying the ...
Understanding Hedge Funds.
Jun 02, 2008 ... Until August 2007, hedge funds were unregulated investment vehicles providing investors with exposure to a wide range of products including derivatives and leveraged positions. A hedge fund is defined in the new Regulations discussed below as a portfolio which uses any strategy or takes ...
Data Security: The Increasing Costs Of Non-Compliance.
Jun 02, 2008 ... It is fair to say that until very recently, data security issues have not generally been regarded as a mainstream issue for business. But the major breaches of data security at the end of last year, most notably the loss of 25 million child benefit records by HM Revenue and Customs, ...
Auditors' Negligence: Liability To Company And Shareholders.
Jun 02, 2008 ... A recent case has considered the standard of care owed by auditors. The auditors were retained to prepare a report for the purposes of the "whitewash" procedure under the Companies Act 1985, allowing a sale of shares by directors of the company to a new company incorporated ...
Genetic Non-Discrimination Bill Signed Into Law.
Jun 02, 2008 ... After thirteen years of consideration, legislation prohibiting health insurance companies and employers from discriminating against individuals based on genetic information was signed into law on May 21, 2008. The Genetic Information Nondiscrimination Act (H.R. 493) (GINA) ...
Senate Bill 436: Majority Voting For Directors Of Publicly Traded Georgia Corporations.
Jun 02, 2008 ... On May 7, 2008, Governor Sonny Perdue signed Senate Bill 436 into law. Senate Bill 436 allows, among other things, for the bylaws of a publicly traded corporation incorporated under the laws of Georgia to set a director voting standard greater than the plurality standard contained in ...
Supreme Court Of Canada Denies Recovery In "Fly-in-the-Bottle" Case As Injury to Plaintiff Not Foreseeable.(Case overview)
Jun 02, 2008; ... In a unanimous ruling the Supreme Court of Canada has refused to restore a large trial award made to a bottled water customer who suffered severe depression and phobia after observing a dead fly in water purchased from the defendant. The Court ruled that it was not foreseeable that a ...
Ten Key Differences In Canadian, US Employment Law.
Jun 02, 2008; ... Originally published in TLOMA Today, April 2008 Employers with operations in several jurisdictions are required to meet the standards imposed by local employment laws. There are a number of significant differences with respect to the treatment of employees in Canada and the ...
Adjusting Asset Values For Inflation.
Jun 02, 2008; ... Companies calculating depreciation for corporate profits tax may increase the book values of their fixed and intangible assets to mitigate the effect of annual inflation for the previous year. This adjustment is at the taxpayer's discretion, and is not applied automatically ....
Claims For Domestic Assistance - 15(3) Civil Liability Act - Loss Of Earning.(Civil Liability Act 2002)
Jun 02, 2008; ... Harrison v Melhem [2008] NSWCA 67 Spigelman CJ, Mason P, Beazley, Giles and Basten JJA In Brief A Claimant is entitled to compensation for his or her need for gratuitous domestic assistance if services are either provided in excess of 6 hours per week or for more than 6 ...
Quebec Court Of Appeal BCE Decision: The Largest Leveraged Buyout In Canadian History Imperilled.(Case overview)
Jun 02, 2008; ... On May 21, 2008, the Quebec Court of Appeal released its highly anticipated decision regarding BCE's proposed plan of arrangement. In a unanimous decision by five judges, the Court of Appeal held that the board of directors of BCE (the BCE Board) overlooked the interests of holders of ...
Obvious Risk And Dangerous Recreational Activity - Sections 5F, 5H, 5K And 5L Of The Civil Liability Act.
Jun 02, 2008; ... Jaber v Rockdale City Council [2008] NSWCA 98 Tobias JA; Campbell JA; Handley AJA In Brief The risk of injury to the plaintiff who dived into water from a pylon located on a wharf was an "obvious risk" within the meaning of s 5F(1) of the Civil Liability Act and there was ...
The Bitter Fruit Of Bad Immigration Policies: Life Is Not A Bowl Of Cherries.(Brief article)
Jun 02, 2008; ... Originally published May 30, 2008 When American farmers cut down blossoming cherry trees that take years to bear fruit, something is wrong. When peach trees are also chopped down, and tomatoes, asparagus and cabbage, although profitable and tasty, are not planted, something ...
To Notify Or Not To Notify.(Ontario Bar Association's Privacy Law )
Jun 02, 2008 ... Originally published in Eye on Privacy: The OBA Privacy Law Review, Volume 8, No. 3 - May 2008 There are a growing number of cases of organizations reporting the loss, mistaken disclosure or theft of personal information collected in the course of commercial activities. ...
Supreme Court Confirms That Employees May Sue For Race-Based Retaliation Under A Reconstruction-Era Law.
Jun 02, 2008 ... Section 1981 of the Civil Rights Act of 1866, which provides for equal contract rights for all persons, regardless of "skin color," has long been interpreted as prohibiting race-based employment discrimination. In CBOCS West, Inc. v. Humphries, a 7-2 decision, the Supreme Court has ...
Ontario 2008 Budget: Limited Tax Breaks For The Tech Space.
Jun 02, 2008; ... On March 25, 2008, Ontario released its budget. Budget measures relevant to technology companies and their investors include a limited 10-year corporate tax holiday, the Ontario Innovation Tax Credit and the Ontario Interactive Digital Media Tax Credit. 10-Year Corporate Tax ...
New Filing Requirement For "Material Contacts" Entered Into In The Ordinary Course Of Business.(Material Contacts)
Jun 02, 2008 ... Privately held companies that enter into contracts with Canadian reporting issuers (public companies) may be surprised to learn that those contracts may become publicly available through the Internet. Recent changes to National Instrument 51-102 Continuous Disclosure Obligations now ...
Record Revenues Fuel Premier League Clubs' On Pitch Success.(Financial report)
Jun 02, 2008 ... Deloitte's latest Annual Review of Football Finance reveals that Premier League clubs' revenues have increased substantially across all areas of their business. The Premier League now generates more revenue than any other league across each of the three primary revenue categories; ...
Two Guernsey Firms Behind Landmark London Listing.
Jun 02, 2008 ... Two Guernsey firms have played an instrumental role in a landmark fund listing. Fortis Guernsey and Ogier law firm, worked with Da Vinci Capital Management on the listing of the first fund on the London Stock Exchange's Specialist Fund Market. The Da Vinci CIS ...
An Unappealing Prospect: The CAT's Cityhook Judgment Threatens UK Competition Law Enforcement.(Competition Appeal Tribunal )
Jun 02, 2008 ... Originally published in Competition Law Insight, June 2007. The Competition Appeal Tribunal's recent judgment on the appealability of the OFT's case closure decision in the Cityhook case is the third CAT decision in the last six months on the concept of an "appealable ...
The Dutch Beer Cartel Decision: A Shot In The Arm Of Private Enforcement In The Netherlands?
Jun 02, 2008 ... Originally published in Competition Law Insight , July 2007. For many years, one of the most important trends in competition law enforcement worldwide has been the increasing focus of competition authorities on the detection and punishment of cartels, often at the expense of ...
Section 237(6) Of The Enterprise Act And FOI law - An English And Scottish Dichotomy.(Freedom of Information Act)
Jun 02, 2008 ... Originally published in the Freedom of Information Journal, September / October 2007 Third party access to documents held by competition authorities is becoming increasingly important now that the burden of enforcing competition law is progressively shifting from the public ...
Letter To North America: Keeping Your Communications Out Of European Courtrooms.(Reprint)
Jun 02, 2008 ... This article was originally published in February 2008. For multi-national companies, awareness of the rules of "privilege" - which determine when communications can be kept away from investigators and out of court in subsequent litigation - can prove critical. In ...
Private Equity Comment: Avoiding Anti-Trust Issues.
Jun 02, 2008 ... Recently, a court in the US analysed for the first time whether "club deals", where private equity firms join forces to bid for a target company, can be anti-competitive. The concerns arose because of competition law rules on collusive bid-rigging and sharing sensitive information ...
ABA 2007 Antitrust Year In Review: UK Section.(American Bar Association )
Jun 02, 2008 ... A. Legislative And Administrative Developments In parallel with similar work being done by the European Commission on private enforcement (with the Green Paper in 2005 and a White Paper expected in early 2008), the UK Office of Fair Trading (OFT) published a discussion paper ...
The Incorporation Of Shari'a In Offshore Trusts.
Jun 02, 2008 ... Recently, the Archbishop of Canterbury, Rowan Williams, sparked a stormy debate when he appeared to suggest that some aspects of Shari'a law should be adopted in the United Kingdom, and that such adoption appeared to be unavoidable. Islamic law is very different from English ...
Cayman Courts Take Control, Replace Liquidators.
Jun 02, 2008 ... The Grand Courts of the Cayman Islands has decided to supervise the liquidation of two companies that formed a material part of the structure of the infamous Bear Stearns hedge funds, which collapsed in 2007 leaving investors facing an aggregate loss of US$1.6 billion. The ...
Deal Feature - The Acquisition By Tokio Marine & Nichido Fire Insurance Co. Ltd Of Kiln Ltd.
Jun 02, 2008 ... Four lawyers in Appleby's Bermuda office recently acted for the purchaser in a landmark deal that constituted the largest acquisition, to date, by a Japanese insurance group. A team led by Michael Burns and Jeffrey Kirk, and including George Jones and Rebecca Moses, acted ...
The Offshore Perspective and a Comparison of Directors' Duties Amid a Global Credit Crisis.
Jun 02, 2008 ... Recent global economic developments have prompted a tightening of credit in various parts of the world and, amongst corporations in some of those countries, a heightened risk of insolvency. Increasingly, advice is being sought about the legal responsibilities and potential liabilities ...
Damages Awarded To Worker Dismissed For High Blood Pressure.
Jun 02, 2008 ... Rebekah Fryer - Solicitor The Australian Tax Office was recently found, in proceedings alleging unlawful 'disability discrimination', to have unlawfully dismissed a worker whom the ATO believed (wrongly) suffered from high blood pressure. Mr Gordon was offered employment by ...
Proposed Changes - Temporary Residents And Superannuation.
Jun 02, 2008 ... Senator the Hon Nick Sherry, Minister for Superannuation and Corporate Law, today released a consultation paper on payment of temporary residents' superannuation to the Australian Government. Under the measure, future superannuation contributions and existing balances of ...
Supervision Under The QBSA: Prevention Rather Than Cure.(Queensland Building Services Authority)
Jun 02, 2008 ... Peter Lamont - Solicitor The Building Services Authority estimates that at least 60% of seriously defective building work is attributable to ineffective supervision of building sites. Recent amendments to the Queensland Building Services Authority Act aim to address this ...
Tax Guidance Issued on Modifications of Securitized Mortgage Loans.(Internal Revenue Service)
Jun 03, 2008; ... Originally published June 2, 2008 Keywords: Internal Revenue Service, IRS, Revenue Procedure, securitized mortgage loans, REMICs, fixed investment trust, Tax Guidance Modifications, Securitized Mortgage Loans Originally published June 2, 2008 On May 16, ...
"ELLI" / "FRIXOS" - Court Of Appeal Ruling.(cases of Golden Fleece Maritime with ST Shipping)(Case overview)
Jun 03, 2008; ... On 23 May the Court of Appeal has handed down its much anticipated judgment in Golden Fleece Maritime & another v ST Shipping, "ELLI" & "FRIXOS" [2008] EWCA Civ 584, the outcome of which will be carefully noted in both the shipowning and chartering communities. Ben Knowles (partner), ...
Conducting Investigations Of Wrongful Workplace Conduct.
Jun 03, 2008; ... "Conducting Investigations of Wrongful Workplace Conduct" was originally published by Business Law Today, May 2008. With perhaps discouraging frequency, companies need to conduct investigations into allegations of employee misconduct. The subject matter of these ...
Patent Trolls Prey On Business Innovation.
Jun 03, 2008; ... "Patent Trolls Prey on Business Innovation" was originally published by Intellectual Property Today, May 2008. Any business discussion of patents and innovation inevitably turns to the subject of "patent trolls." Patent trolls plague companies of every type, often forcing ...
The High Price Of Leniency For Stolt-Nielsen.(Stolt-Nielsen Inc.)(Law overview)
Jun 03, 2008; ... "The High Price Of Leniency For Stolt-Nielsen" was published in Competition Law 360, May 9, 2008 The U.S. Department of Justice Antitrust Division's Corporate Leniency Program ("Leniency Program") has long been instrumental in the Antitrust Division's crusade against ...
Insurance Company Ordered To Pay Damages For Illicit Surveillance And Flaunting The Court's Rulings.(Penncorp Life Insurance Company)
Jun 03, 2008; ... Employers or insurers looking to conduct video surveillance had better watch out - improperly conducting surveillance can attract stiff penalties in Quebec. In February 2008, the Quebec Court of Appeal ordered Penncorp Life Insurance Company to pay $125,000 in punitive damages to the ...
A Moment Of Privacy.(Mobile Marketing Association Guidelines)
Jun 03, 2008 ... "A Moment of Privacy" addresses one legal development each month in the area of privacy and data security law. We answer the questions our clients are asking, in a way that we hope gives practical information to our readers. If you send us your question, you may find your answer in an ...
H-1B Cap Reached for 2009 With Record Number Of Petitions Received; Certain F-1 Students Given Additional Immigration Benefits.(Citizenship and Immigration Services)
Jun 03, 2008; ... As we have previously reported, on April 14, 2008, United States Citizenship and Immigration Services (USCIS) conducted an electronic lottery to select the lucky H-1B winners from among the approximately 163,000 petitions received between April 1 and April 7. Since the total number of ...
Pay-or-Play State Health Insurance Laws And ERISA Preemption.(Employee Retirement Income Security Act of 1974)
Jun 03, 2008; ... Reprinted from HR Advisor, Vol. 14, No. 3, May/June 2008, with permission of Thomson Reuters/West. OVERVIEW According to some estimates, as many as 46 million Americans (nearly 16% of the total population) are uninsured.1 The uninsured are not necessarily healthier ...
European Commission Opens Public Consultation On The Renewal Of The Block Exemption Regulation For The Insurance Sector.(European Union. European Commission)
Jun 03, 2008; ... Background Directorate General for Competition of the European Commission ("DGCOMP") recently launched a public consultation on the sector's current exemption from competition rules (known as the "block exemption Regulation" or "BER"). Competition Commissioner ...
Establishment Of Local "Work Rules" A Challenge For Multinationals.
Jun 03, 2008 ... By Proskauer Rose LLP's International Labor and Employment Practice Group While many multinationals undertake the often expensive and arduous task of implementing a global Code of Conduct, any multinational doing business in more than a few international jurisdictions will ...
Franchisors Should Consider Using FPRs (Formerly Earnings Claims).
Jun 03, 2008; ... About 25% of U.S. franchisors currently include financial performance representations (FPR's) in their franchise disclosure documents ("FDD"). This percentage has been relatively stable since the FTC first began permitting such representations, formerly called "earnings claims", two ...
What Are Eligible Financial Contracts?
Jun 03, 2008; ... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Restructuring & Insolvency, May, 2008 The Canadian government has recently changed how it defines eligible financial contracts. For the derivatives industry, the new definition ...
Attractive Estate Planning Techniques For A Low-Interest Rate And Depressed-Value Environment.
Jun 03, 2008 ... Today's historically low interest rates and depressed asset values make this an excellent time to engage in various estate planning techniques. Minimizing gift and estate tax when transferring assets is of primary importance in this uncertain time. Current conditions present several ...
Grants Of Probate.
Jun 03, 2008 ... GRANTS OF PROBATE/LETTERS OF ADMINISTRATION/RESEALING FOREIGN GRANTS IN THE CAYMAN ISLANDS Testate Estates Where the deceased dies testate (leaving a Will admissible for probate in Cayman), the documents which must be lodged with the Cayman court to obtain the grant of ...
STAR Trusts.(Special Trusts Alternative Regime Law, 1997 )
Jun 03, 2008 ... Introduction The Cayman Islands introduced its own unique form of non-charitable purpose trust legislation in late 1997. The statute, called the Special Trusts (Alternative Regime) Law, 1997 (or STAR Law) is a significant departure from the original Bermuda model, which has ...
June 12 2008: EU Member States Will Start Creating The New European Payment Order Procedure - A Step Towards Simpler And Quicker Credit Collection Within The European Union.(This Regulation establishes a procedure for European orders for payment)
Jun 03, 2008 ... Introduction From June 12 2008 member states will begin their collaboration on the preparation of domestic procedure, forms and rules on competence and language in order to implement the new European payment order procedure, which will finally be available to creditors from ...
A Litigator's View Of Pitfalls In Technology Contracting: Avoiding Common Mistakes.(Cases of Bawitko Investments Ltd. v. Kernels Popcorn Ltd)(Cases of Sussexinsuranceagency.com (Sussex.com) and Insurance Corporation of British Columbia)
Jun 03, 2008 ... Technology contracting can be very different from other commercial agreements because the execution of a contract marks the beginning of a relationship meant to last years.1 In these long-term, often complex commercial relationships, it is not surprising that much can and sometimes ...
Quebec Court Of Appeal's BCE Decision May Affect Corporate Governance And Investor Communications.(Industry Canada Issues Approval Of Acquisition Of BCE, Inc. by Investor Group)
Jun 03, 2008 ... The Quebec Court of Appeal has decided that the proposed privatization of BCE Inc. is not fair and reasonable to Bell Canada bondholders. The Court's decision has potential implications for the process company directors must follow in making decisions about significant corporate ...
Corporate And Financial Weekly Digest - May 30, 2008.
Jun 03, 2008 ... SEC/Corporate Robert L. Kohl, Mark A. Conley, Palash I. Pandya & David S. Kravitz SEC Signs Protocols for Sharing Information on IFRS On May 23, the Securities and Exchange Commission announced that it had signed protocols to share information on the application ...
Follow-On Biologics In Canada.(laws of Health Canada)(Subsequent Entry Biologics )
Jun 03, 2008; ... Originally published in Update 2008, Issue 3. With permission from FDLI, www.fdli.org. Health Canada has released a draft guidance document entitled "Information and Submission Requirements for Subsequent Entry Biologics (SEBs)." This document outlines the regulatory review ...
Proposed Amendments To The Patented Medicines (Notice Of Compliance) Regulations.
Jun 03, 2008 ... On April 26, 2008, the government of Canada published for comment proposed amendments to the Patented Medicines (Notice of Compliance) Regulations, commonly referred to as the "PM(NOC) Regulations." These regulations create the regulatory framework for pharmaceutical patents to be ...
An Exemplary Sentence For Invasion Of Privacy!
Jun 03, 2008 ... On February 8, 2008, the Court of Appeal of Quebec rendered a decision that may open the door to more substantial sentences for violations of the right to privacy. In fact, the court intervened to boost one award of punitive damages to $125,000. Facts and Judgments of the ...
Employment Law Commentary, May 2008.
Jun 03, 2008 ... OFCCP Regulations Implementing Jobs for Veterans Act of 2003 Finalized The EEO-related obligations associated with federal government contracting, including the requirement to prepare and implement an Affirmative Action Plan (AAP), can be fairly characterized as byzantine ....
"Patent Prosuction Highway" Pilot Program.(Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the United Kingdom Intellectual Property Office)
Jun 03, 2008 ... Canadian Intellectual Property Office (CIPO) - United States Patent and Trademark Office (USPTO) "Patent Prosecution Highway" Program A one-year "Patent Prosecution Highway" (PPH) pilot program will be launched on January 28, 2008 between the Canadian Intellectual Property ...
U.S. Supreme Court Reverses And Remands "Davis" Case.(cases of Department of Revenue of Kentucky with Davis et ux)(Case overview)
Jun 03, 2008; ... Originally published May 21, 2008 The U.S. Supreme Court announced on Monday, May 19, that it had reversed and remanded Department of Revenue of Kentucky et al. v. Davis et ux, 197 S.W.3d 557 (Ky. Ct. App. 2006) ("Davis"), holding that Kentucky's differential tax scheme with ...