Mondaq Business Briefing back issues from April 2009:
DeVry Inc. v. Univ. Of Med. & Health Scis.-St. Kitts,2009 WL 260950 (N.D. Ill. Feb. 3, 2009).(University of Medicine and Health Sciences-St. Kitts )
Apr 01, 2009 ... ABSTRACT The Northern District of Illinois denied a defendant's motion to dismiss for failure to state a claim based on the affirmative defenses of statutory fair use (often called "classic fair use") and nominative fair use (referred to as "normative fair use" in this ...
Gray v. Novell, Inc., 2009 WL 425958 (M.D. Fla. Feb. 20, 2009).(case between Wayne Gray and Novell, Inc., )
Apr 01, 2009 ... ABSTRACT In its ruling on summary judgment, the Central District of Florida dismissed plaintiff Wayne Gray's challenge to X/Open's ownership of the UNIX trademark. Gray's lawsuit alleged violations of the federal RICO statute, the Lanham Act, and other laws. In the action, Gray ...
The Draft Bill (Prepared By Department Of The German Ministry Of Justice) Of The "Act To Simplify And Modernize The Patent Law" Of May 30, 2008 Is On The Legislative Agenda.
Apr 01, 2009 ... The German Association Of Industrial Property And Copyright Law (GRUR) Has Taken Position In Its Opinion Of August 8, 2008, Published In GRUR 2008 p. 881/882. First published in BARDEHLE PAGENBERG IP Report 2008-V at www.bardehle.com The main aim of the draft is a ...
Overview Of Notifications And Approvals Required In Respect Of The Change Of Control Of Jersey Entities.(Brief article)
Apr 01, 2009 ... Briefing The current global market turmoil has resulted in the announcement of a number of mergers, acquisitions and nationalisations of financial institutions throughout the world. The purpose of this chart is to provide a high level summary of the notifications and approvals ...
Financial Stability Plan Update.
Apr 01, 2009 ... This article was originally published 11 February, 2009 On Tuesday, February 10, 2009, Secretary of the Treasury Timothy Geithner outlined the six-point Financial Stability Plan (FSP), pursuant to which the Department of the Treasury, in cooperation with Federal Reserve, the ...
Capital Relief Opportunities In The Insurance Industry.
Apr 01, 2009 ... This article was originally published 23 February, 2009 Due to the unprecedented nature of the current financial crisis, certain sectors of the insurance industry have faced significant challenges concerning their surplus and risk-based capital levels. Not only have investment ...
The Federal Public-Private Investment Program: Opportunities And Risks For FDIC-Insured Institutions.(Federal Deposit Insurance Corporation)
Apr 01, 2009 ... On March 23, 2009, the Treasury Department, Federal Deposit Insurance Corporation, and the Federal Reserve announced the long-awaited details of the government's plan to remove troubled assets from depository institutions. Although - still - there are many details to be worked out, the ...
Policy Holders In Environmental Cleanup Actions Are Potentially Entitled To Multiple Policy Limits; Multiple Causes Of Loss Are Not A Basis To Deny Coverage.
Apr 01, 2009 ... A policyholder defending against a lawsuit for environmental cleanup costs often faces hurdles in obtaining insurance coverage for defense and indemnity of the lawsuit. Many newer policies, for example, contain the so-called "absolute" pollution exclusion, which is designed to bar recovery ...
Aviation Sector Getting Ready For Take Off.
Apr 01, 2009 ... Emulating the success of its shipping register, which has grown into the eight largest world-wide and second largest in Europe, Malta is committed to establishing itself as a leading aircraft register. Plans were recently announced to reform the local regulatory framework and ...
Outsourcing And The Economic Crisis, Part III: Post-Merger Technology Integration.
Apr 01, 2009 ... In our previous updates, we discussed outsourcing as a tool for significantly reducing costs (" Outsourcing Services in the Face of an Economic Downturn") and possible strategies for restructuring existing outsourcing deals as we head into a long-term global recession (" Restructuring ...
Inequitable Conduct Pitfalls - Special Considerations For Reexaminations And Complex Family Prosecutions.(Aluminart Products Ltd.,)
Apr 01, 2009 ... Patent prosecutors, beware: The latest decision from the Federal Circuit on the materiality prong of inequitable conduct, Larson v. Aluminart,1 makes it clear that office actions from related, copending applications can be material to prosecution. This is true even where the fact of the ...
New Merger Notification Thresholds - Good News For Business.
Apr 01, 2009 ... Since the inception of the Competition Commission in 1999 firms which meet certain turnover or asset values have had to notify the competition authorities of their intention to merge or face possible penalties of up to 10 per cent of their turnover and the prospect of having to unbundle ...
Two New Types Of Entity Receive Special Tax Treatment.
Apr 01, 2009 ... Two recent amendments to the Income Tax Act reflect a policy of encouraging the development of small enterprises. The first of these is aimed at reducing the compliance burden of micro enterprises and the second encourages venture capital investments in small enterprises. Micro ...
The Expansion Of The Civil False Claims Act Under S. 386.
Apr 01, 2009 ... Article by Richard O. Duvall , Allison V. Feierabend , Christopher A. Myers and John P. Rowley III Originally published March 16, 2009 Richard Duvall , Christopher Myers and John Rowley III, Northern Virginia office. Allison Feierabend, Washington office. ...
Nasdaq Extends Suspension Of Minimum Listing Requirements.
Apr 01, 2009 ... Given the continued market instability, NASDAQ has submitted to the U.S. Securities and Exchange Commission a proposal to extend through July 19, 2009, its prior suspension of its rules requiring that NASDAQ-listed companies maintain a minimum bid price and market value of their public ...
PRC Law On Encouraging The "Circular Economy".
Apr 01, 2009 ... The concept of a "circular economy" took shape in the 1960s in the United States, and the term "circular economy" appeared in China in the mid-1990s. Promoting the circular economy is intended to raise energy efficiency and improve the environment by promoting the careful use of resources ...
One Step Nearer a Unified European Patent Litigation System.
Apr 01, 2009 ... Originally published 30 March 2009 Keywords: patents, European Commission, Unified Patent Litigation System, Community patent, European Patent Litigation Agreement, EPLA, UPLS, The European Commission has recommended to the European Council the negotiation and ...
United States Immigration Alert.
Apr 01, 2009 ... 1. Travellers From Visa Waiver Countries Must Obtain Pre-Approval From The Department Of Homeland Security Before Entry Travellers from visa waiver countries must first obtain pre-approval from the Department of Homeland Security by following the instructions on the Electronic ...
I've Shot The Sheriff. Who's Going To Shoot The Provider?
Apr 01, 2009 ... During the last months newspapers and on-line sources have been crowded with reports about legislators' plans to police the Internet for a number of different reasons and through various legal means. An intense debate has heated up at an international level around the so-called ...
Europe's Number One Domicile.
Apr 01, 2009 ... Originally published in Strategic Risk, Captive Management, A guide to European captive domiciles and company strategies, March 2009 Richard Le Tocq, Chairman of the Guernsey Insurance Companies Management Association (GICMA) and Managing Director of JLT Insurance Solutions ...
Ontario Budget Contains Measures To Strengthen Pension System.
Apr 01, 2009 ... The Ontario government introduced several measures for pension reform in the budget released on March 26.1 Of importance, we note that the government reiterated2 its proposal to provide temporary solvency funding relief for all Ontario regulated pension plans. Specifically, plan ...
National Association Of Insurance Commissioners Mandates Climate Change-Related Disclosures.
Apr 01, 2009 ... Developments Of Note National Association Of Insurance Commissioners Mandates Climate Change-Related Disclosures Treasury Announces Extension Of Temporary Money Market Funds Guarantee Program Through September 18, 2009 FINRA Provides Guidance On Its ...
Changing The Playing Field: A Look At The Major Provisions Of The Final 403(B) Regulations Impacting 403(B) Plans.
Apr 01, 2009 ... Charitable organizations, public schools and universities may sponsor retirement plans that are governed by Section 403(b) of the Internal Revenue Code ("Section 403(b)"). The rules under Section 403(b) are different than the rules governing other types of retirement plans. In July 2007, ...
Enforcement Of Jersey Security Agreements.
Apr 01, 2009 ... As the credit crunch continues to impact on the global economy and banking covenants come under greater pressure, lenders are increasingly examining the detail of their security packages in order to identify the various enforcement options open to them. Where the security package includes ...
Insolvency Procedures In Respect Of Jersey Companies.
Apr 01, 2009 ... The credit crunch has put pressure on a wide range of structures and, as a result, lenders, borrowers and other counterparties are looking more closely at the impact of possible insolvency proceedings. As Jersey companies have often been used in cross-border finance transactions, it is ...
The Carbon Pollution Reduction Scheme.
Apr 01, 2009 ... On 15 December 2008, the Federal Government released its White Paper on the Carbon Pollution Reduction Scheme (CPRS). The CPRS is the Government's primary policy tool to reduce Australia's greenhouse gas emissions, with the emissions trading scheme intended to commence operation on 1 July ...
FSA Proposes Disclosure Regime For All UK Listed Stocks.
Apr 01, 2009 ... Following the extension of its short-selling disclosure rules for financial stocks last month, the FSA has published a new paper proposing that short positions in all listed UK stocks should be disclosed. The FSA says the case for increasing disclosure is two-fold. First, it argues that ...
Your Decision Was Too Late, Or Have I Misconstrued?
Apr 01, 2009 ... In Waratah Coal Inc v Minister for the Environment Heritage and the Arts [2008] FCA 1870, the Federal Court rejected an application for review of the Federal Environment Minister's decision to refuse a proposal involving the construction of a rail link and coal port in the Shoalwater Bay ...
Hedge Fund Bosses Come Under Fire In Treasury Select Committee.
Apr 01, 2009 ... As part of its ongoing inquiry into the banking crisis, last month the Treasury Select Committee invited some of the UK's top hedge fund managers to give evidence. Witnesses on the panel included Paul Marshall, chairman of Marshall Wallace; Chris Hohn, managing partner of The Children's ...
Letters Of Intent - Are You Acting At Your Own Risk?
Apr 01, 2009 ... The decision in Diamond Build Limited v Clapham Park Homes Limited [2008] EWHC 1439 (TCC) demonstrates the potential risk for a contractor who commences work under a letter of intent prior to finalising the building contract. It is common practice in the building industry to begin projects ...
New Law Spurs Growth In Swiss Hedge Fund Sector.
Apr 01, 2009 ... Enacted two years ago to enhance the competitiveness of the Swiss funds industry, the Swiss Collective Investment Schemes Act (CISA) has been responsible for a large rise in the number of qualified investor funds, according to the Swiss Funds Association (SFA). Qualified Investor Funds, ...
Duty To Give Reasons For Administrative Decisions.
Apr 01, 2009 ... The English Court of Appeal decision in R (on the application of Hasan) v Secretary of State for Trade and Industry [2008] EWCA Civ 1311 reiterated that public authorities in the United Kingdom are not yet bound by a general common law duty to publish reasons for administrative decisions ....
Now Is The Time To Establish A Captive.
Apr 01, 2009 ... Originally published in Strategic Risk, Captive Management, A guide to European captive domiciles and company strategies, March 2009 Foreword by Peter Niven, Chief Executive of Guernsey Finance – the promotional agency for the Island's finance industry. The ...
Duty Of Care Owed By Ambulance Officers To Those Refusing Treatment.
Apr 01, 2009 ... The duty of care owed by ambulance officers to persons refusing medical treatment was recently examined by the New South Wales Court of Appeal in the case of Neal v Ambulance Service of New South Wales [2008] NSWCA 346. Background In the early morning of 28 July 2001, Mr Neal ...
Claims Of Bullying And Harassment: The Defence To A Performance Review?
Apr 01, 2009 ... More frequently, employees who are the subject of formal or informal performance reviews claim that they are being bullied and harassed, as a way of either sabotaging the performance review or because they have genuine perceptions of unfairness or harassment. Employers need to ...
Trips And Traps Of Voluntary Administration.
Apr 01, 2009 ... Key Points In the current economic climate businesses need to be adaptable to the increasing risk of their suppliers and distributors facing financial difficulty. The failure of a key supplier or distributor can have significant ramifications for your business and ...
Jurisdictional Issues Associated With Water Resources Management Legislation.
Apr 01, 2009 ... Achieving sustainability in the use of water resources is a significant issue facing legislators. Federal and State Governments in Australia have enacted comprehensive water legislation in an endeavour to ensure that limited water resources are being used sustainably. Legislation may seek ...
Vexatious Litigants - Look Out!
Apr 01, 2009 ... The Vexatious Proceedings Act 2008 (NSW) (Act), which commenced on 1 December 2008, expands the powers of certain courts in New South Wales to make orders restricting proceedings by vexatious litigants. The Act is based upon model legislation approved by the Standing Committee of Attorneys ...
LMAA Introduces Intermediate Claims Procedure.(London Maritime Arbitrators Association )
Apr 01, 2009 ... The LMAA has introduced anupdated fast track procedure to deal with claims between USD 100,000 and USD 400,000. The LMAA introduced the new "Intermediate Claims Procedure" ("ICP") in 2009, following consultation with the Baltic Exchange. The new procedure is intended to be ...
Contracting Out Of The Contract: Can Equitable Remedies Edit Written Agreements?
Apr 01, 2009 ... The New South Wales Court of Appeal decision in Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603 provides a detailed examination of the current law on the equitable remedies of rectification and estoppel by convention. Background Euphoric Pty Ltd (Euphoric) contracted to ...
Queensland Government Departments No Longer Immune From Workplace Safety Prosecutions.
Apr 01, 2009 ... From 1 January 2009, changes introduced by the Workplace Health and Safety and other Legislation Amendment Act 2008 (Qld) (Amendment Act) expressly permit the prosecution of government departments under the Workplace Health and Safety Act 1995 (Qld) (WHS Act) and the Electrical Safety Act ...
The Proceeds Of Crime Act Shows Its Ambiguous Hand.
Apr 01, 2009 ... The Supreme Court decision in Commonwealth of Australia v Lee [2008] NSWSC 1014 concerned a stay application by Mr Lee (the Applicant) to prevent the Commonwealth from disposing of his wife's share of their jointly owned property under the Proceeds of Crime Act 2002 (Cth) (the Act). The ...
Closing Protection Letters: Important Tools For Protecting Mortgage-Backed Assets.
Apr 01, 2009 ... Anyone who has bought real estate is likely familiar with title insurance policies, which at a minimum protect buyers and lenders from title defects that exist as of the date of settlement. When a seller fails to disclose a prior existing lien on a property and the settlement agent fails ...
New York's First Department Rejects Insurer's Attempt To Disclaim Coverage On Grounds Not Specifically Identified In The Initial Disclaimer.
Apr 01, 2009 ... Policyholders recently achieved a major victory in Estee Lauder Inc. v. OneBeacon Ins. Group, LLC, No. 602379/05, 2009 WL 398879 (1st Dep't Feb. 19, 2009), which significantly raises the bar for what an insurer is required to do in order to disclaim coverage under comprehensive general ...
Last-Minute Tax Tips To Consider In Recessionary Times.
Apr 01, 2009 ... Originally published in The Legal Intelligencer The troubled economy has prompted recent income tax law changes, creating unique tax savings opportunities for many individuals and businesses. Tried-and-true tax strategies also exist that are seldom available in a robust economy ....
Slumdogs & Copycats.
Apr 01, 2009 ... The Bollywood Kung Fu comedy, Chandni Chowk to China, is remarkable not just for its marriage of popular genres from the world's most populous countries. It is also one of the few Bollywood movies to be bankrolled by a major studio. The studio, Warner Bros, announced stern anti-piracy ...
Employment Alert: Court Of Appeals Ruling Potentially Streamlines Trade Secret Litigation.
Apr 01, 2009 ... Whether on the complaining or defending end of a trade secret complaint, employers can agree on one thing: trade secret litigation is expensive. Over the past several years, what was already a costly process had become even more burdensome, as litigants expended tens of thousands of ...
Toxic Assets Alert: Treasury Department Releases Plan On Toxic Assets.
Apr 01, 2009 ... The United States Treasury Department (the "Treasury") has announced a series of initiatives as part of its Financial Stability Plan to stimulate the purchase of troubled assets comprised of real estate loans held directly on the books of FDIC insured banks ("legacy loans") and securities ...
Health Law Client Alert: OIG Narrows Scope Of Permissive Self-Disclosures And Imposes A Floor On Kickback Settlement Amounts.
Apr 01, 2009 ... In an Open Letter to Health Care Providers (the "Open Letter") issued on March 24, 2009, the Office of Inspector General (OIG) announced significant limits on the use of its Self-Disclosure Protocol (SDP). According to the Open Letter, providers should self-disclose to the OIG matters that ...
Court Reviews Fair Basis.
Apr 01, 2009 ... The Federal Court of Australia, in Sunnyfield Association v Cronk [2009] FCA 33, recently provided further evidence that the fair basis requirement in Australia is being interpreted more liberally. Fair basis is analogous to the European requirement of sufficiency of description. A more ...
ISPs To Provide Mandatory Internet Filtering.
Apr 01, 2009 ... On 31 December 2008, the Federal Government announced that it would be discontinuing the NetAlert internet filtering program established by the previous government. The government will now require Internet Service Providers (ISPs) to implement a new mandatory internet filtering system. In ...
Criminalisation Of Cartels.
Apr 01, 2009 ... On 1 January 2010, criminal sanctions will be introduced for behaviour that leads to or facilitates the creation of a cartel, regardless of whether Czech or EU competition law applies. The provisions in the new Criminal Code will make it a criminal offence to enter into an ...
Update on H-1B Issue for TARP/TALF Recipients.
Apr 02, 2009 ... Originally published April 1, 2009 Keywords: update, H-1B Issue, TARP, TALF, Federal Reserve Board, FRB, recipient of funding, credit facilities, visa restrictions On March 31, 2009, the Federal Reserve Board issued guidance stating that only the entity that directly ...
New FSA Rules On Short Positions Effective September 19, 2008.
Apr 02, 2009 ... This article was originally published 19 September, 2008 The UK Financial Services Authority ("FSA") has announced a ban on new short positions in UK financial sector companies with effect from September 19, 2008. In addition, from September 23, 2008, all pre-existing net short ...
Nuts! Another Nut, Another Recall.
Apr 02, 2009 ... For the second time in three months, we will undergo another international recall involving another nut. On March 30th, the FDA alerted consumers to a voluntary recall by Setton Pistachio of Terra Bella, Inc. ("Setton") based on possible salmonella contamination of its pistachio products ....
Communications Law Bulletin, March 2009.
Apr 02, 2009 ... The Month in Brief As economic turmoil continued to dominate the news and the government's attention in March, the Administration made two important regulatory nominations and the new Federal Communications Commission ("FCC" or "Commission") began to take shape. On other ...
Supreme Court Docket Report - Decision Alert - April 1, 2009.
Apr 02, 2009 ... Originally published April 1, 2009 Keywords: Alexander v. Gardner-Denver Co, employment-discrimination claim, collective-bargaining agreement, CBA, Age Discrimination in Employment Act, ADEA, Pyett, National Labor Relations Act, NLRA, employment contract, Clean Water Act, ...
Department Of Finance Canada Releases New Solvency Funding Relief Regulations.
Apr 02, 2009 ... Copyright 2009, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Pension & Employee Benefits, April 2009 On March 27, 2009, the Department of Finance Canada released regulations to provide temporary solvency funding relief for federally ...
Regulated Funds In Ireland - A Safe Harbour For Turbulent Times.
Apr 02, 2009 ... Introduction The global hedge fund industry is currently focused on finding a means of recovery from the turmoil in the financial markets towards the end of 2008, which saw many leading hedge funds suffer high performance losses and record redemption requests, forcing funds to ...
Winding Up Guernsey Property Unit Trusts (GPUTS).
Apr 02, 2009 ... Although still a common vehicle for joint property-holding ventures, GPUTs reached a peak of popularity between 2003 and March 2006 because of their exclusion from the application of Stamp Duty Land Tax on UK property transfers. Many GPUTs, established for tax planning, are not expected to ...
Gifts Not On The List - The Narnia Decision.
Apr 02, 2009 ... A World Intellectual Property Office (WIPO) panel ordered the transfer of the NARNIA.MOBI domain name to C.S. Lewis (PTE.) Ltd., the owner of the NARNIA trade-mark, after finding that the registrant did not have a legitimate interest in the domain name and had registered the domain name in ...
Late Redelivery Clause An Unenforceable Penalty.
Apr 02, 2009 ... In Lansat Shipping Co v. Glencore Grain BV (25 March 2009) the Commercial Court held that a liquidated damages clause relating to late redelivery in a time charter was penal and unenforceable. The decision highlights a creativity on the part of some owners in seeking to obtain from ...
Charter Terms Develop To Address Increased Piracy Risks.
Apr 02, 2009 ... The upsurge in piracy in the Gulf of Aden has continued since the beginning of this year, despite increased security measures. During March 2009, four vessels were reported captured by pirates, and several more vessels were attacked. Against this background, charterers and ship owners have ...
Paradigms In Motion - Switzerland Leads Historic Revision Of Banking Secrecy.
Apr 02, 2009 ... In the most significant development in private banking since the Second World War, Europe's champions of banking secrecy have pledged to implement information exchange arrangements consistent with OECD standards. Switzerland, Austria, Liechtenstein, Belgium, Andorra, Luxembourg and Monaco ...
Key Tax Issues For Private Equity Investments In Distressed Debt: Buyer Beware.
Apr 02, 2009 ... Due to the current state of the credit and bond markets, many market participants are being presented with opportunities to acquire debt obligations from lenders at significant discounts to face amount. These opportunities are increasingly being capitalized upon not only by current ...