Mondaq Business Briefing back issues from June 2009:
Is A Mandatory Arbitration Provision In Website Terms Of Use Agreement With A Unilateral Modification Right Enforceable? Northern District Of Texas Says No.
Jun 01, 2009 ... In a decision that could have important implications for all companies with an online presence, the U.S. District Court for the Northern District of Texas recently held that an arbitration provision in a website user agreement that reserved a website operator's right to unilaterally modify ...
Buyer Beware: Second Circuit's Decision Shifts The Landscape For Search Engine Advertising Practices.
Jun 01, 2009 ... On April 3, 2009, the U.S. Court of Appeals for the Second Circuit issued a decision that has the legal and business communities abuzz. Exactly one year after hearing oral arguments in Rescuecom Corp. v. Google Inc. (Docket No. 06-4881-cv), the Second Circuit reversed the lower court's ...
Extended Producer Liability: Quebec Launches Online Payment System For Container And Packaging Dues.
Jun 01, 2009 ... Copyright 2009, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Environmental Law, May 2009 On May 20, 2009, [ETH]co Entreprises Quebec ([ETH]EQ) put its reporting and payment system online, making it easier for companies to help pay for ...
Mergers And Consolidations Of Cayman Islands Companies.
Jun 01, 2009 ... The Companies (Amendment) Law 2009 adopted this month in the Cayman Islands introduces a new and much-needed statutory merger regime which does not require court application or approval. Previously Cayman Islands companies could merge or amalgamate only pursuant to a scheme of arrangement ...
PRC Anti-Monopoly Law: Practical Aspects For Practitioners On Prior Notification Of Concentration Of Undertakings.
Jun 01, 2009 ... The veto on March 18 of Coca-Cola's bid for China Huiyuan Juice Group ("Coca-Cola's case") by the Ministry of Commerce of the People's Republic of China ("MOFCOM") has incited much discussion about the implementation of the PRC Anti-Monopoly Law ("AML"), particularly the requirement of ...
Brokers' Report - May 2009.
Jun 01, 2009 ... IIROC Investigations An April 9, 2009 decision of the British Columbia Securities Commission [BCSC], Golden Capital Securities Ltd., has changed the law regarding the conduct of such investigations to some extent by concluding that IIROC does not have an obligation to conduct ...
U.S. Senate And SEC Corporate Governance Proposals.(Securities and Exchange Commission)(Shareholder Bill of Rights Act of 2009)
Jun 01, 2009 ... In the wake of the continuing economic crisis, growing discontent among shareholders has resulted in increased political momentum toward providing public company shareholders with a greater voice in corporate governance matters. In response, on May 19, 2009, Sen. Charles Schumer (D-N.Y.) ...
Disclosure Of Details Of ATE Insurance Cover In Litigation.
Jun 01, 2009 ... In a recent decision, the Technology and Construction Court ruled that a defendant was entitled to have access to the details of a group of claimants' After The Event (ATE) insurance policy. In the recent decision in Barr & Ors v Biffa Waste Services Limited, a defendant sought ...
Delegation Enhances Guernsey's Reputation In Washington.
Jun 01, 2009 ... The political establishment in the US is looking far more favourably on Guernsey than it once did, according to Guernsey's Chief Minister, Lyndon Trott. The Chief Minister has just returned from Washington where he was leading a delegation from Guernsey that built on the ...
Pole Position.
Jun 01, 2009 ... Originally published in the HFM Week Guernsey Report, 2009, distributed May 2009 Since writing in this special report a year ago, a lot of water has passed under our bridge. Perhaps the most significant development has been the increased focus on so-called 'tax havens' or ...
Extended Producer Liability: Quebec Launches Online Payment System For Container And Packaging Dues.
Jun 01, 2009 ... Copyright 2009, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Environmental Law, May 2009 On May 20, 2009, [ETH]co Entreprises Quebec ([ETH]EQ) put its reporting and payment system online, making it easier for companies to help pay for ...
Environmental Record of Supreme Court Nominee Sotomayor - Initial Impressions.
Jun 01, 2009 ... On May 26, President Barack Obama presented Judge Sonia Sotomayor as his nomination for the United States Supreme Court upon Justice Souter's retirement. Judge Sotomayor has served on the United States Court of Appeals for the Second Circuit since 1988. During her tenure she has heard few ...
Monitoring The SIGTARP: Continuing Lessons For Participants In The TARP Program.
Jun 01, 2009 ... Companies participating in the federal government's TARP program should be aware that the role of the Special Inspector General for the Troubled Assets Relief Program ("SIGTARP") in monitoring and investigating the use of TARP funds—and recommending criminal prosecution for allegedly ...
President's FY 2010 FDA Budget Proposes Food Industry User Fees.
Jun 01, 2009 ... Overview President Barack H. Obama's recently released Fiscal Year (FY) 2010 budget for the U.S. Food and Drug Administration (FDA) proposes historic spending for the agency of more than $3 billion, an increase of more than $500 million over FY 2009 spending. One of the two ...
CMS Releases Draft Medicare Marketing Guidelines For Comment.
Jun 01, 2009 ... Late Monday, May 18, 2009, the Centers for Medicare and Medicaid Services (CMS) published in draft form revised Medicare Marketing Guidelines (Guidelines) for Medicare Advantage (MA) Plans, Medicare Part D Plans and 1876 Cost Plans. Although directed primarily at Plans ...
Federal Regulation Of Swap Agreements Proposed.
Jun 01, 2009 ... Senate Bill would authorize Regulation of Swap Agreements On May 4, 2009, Senators Carl Levin, D-Michigan and Susan Collins, R-Maine introduced the Authorizing the Regulation of Swaps Act (the "Swaps Bill" or "Bill") which, if passed, would repeal a number of provisions of US ...
Supreme Court Upholds Employer Pension Payment Based In Part On Pre-PDA Differentiating Rule.
Jun 01, 2009 ... In a 7-2 decision, the Supreme Court on Monday decided that an employer's calculation of pension benefits that gave less retirement credit for pregnancy leave than for other medical leave, based on a rule applied only prior to enactment of the Pregnancy Discrimination Act ("PDA"), did not ...
FDA Issues Warning Letter To General Mills Objecting To Cheerios[R] Claims.(Conference notes)
Jun 01, 2009 ... Background The U.S. Food and Drug Administration (FDA) recently issued a Warning Letter to General Mills, Inc. objecting to claims the company makes on its Cheerios[R] Toasted Whole Grain Oat Cereal. The letter objects to General Mills' use of claims about the ability of ...
Misdelivery Claims In Hong Kong.
Jun 01, 2009 ... The Court of Final Appeal (the highest court in Hong Kong) recently handed down an important decision on claims concerning misdelivery of cargo in Carewins Development (China) Limited v Bright Fortune Shipping Limited (FACV No.13 of 2008, 12 May 2009). The Court has commented on the nature ...
Congressional Action May Open The Door To A New Wave Of Fraud And False Claims Act Litigation.
Jun 01, 2009 ... Driven by increasing pressure to halt financial fraud and prevent misuse of government stimulus money, as well as continued concern about reported government contractor and Medicare abuses, Congress is revamping the False Claims Act for use as a serious fraud-fighting weapon. ...
Growers: Protecting Yourself Against Winery Insolvencies.
Jun 01, 2009 ... California grape growers are used to relying on their statutory producer's lien (Food and Agricultural Code Sections 55631-55633) to protect against the risk of non-payment. However, when put to the test in a highly stressed financial environment, many vineyard owners find that this ...
Commodities Bulletin May, 2009.
Jun 01, 2009 ... COURT OF APPEAL REVERSES JUDGMENT IN FLUXO-CANE LITIGATION By Robert Wilson The decision of the Court of Appeal in ED&F Man Commodity Advisers Limited v. Fluxo-Cane Overseas Limited (13 May 2009) illustrates some of the potential pitfalls for brokers in trying to balance ...
SICK Notes Or FIT Notes?
Jun 01, 2009 ... Every year it is estimated that around 350,000 people leave work to claim health-related benefits and around 172 million working days are lost due to sickness absence. The government believes that early work-focused healthcare and workplace management can help people stay in work and that ...
Protecting The Aura Of Luxury: ECJ Guidance On Trade Marks.
Jun 01, 2009 ... Owners of luxury good brands will welcome the ECJ's decision in Copad SA v Christian Dior couture SA and others, Case C-59/08, ruling in favour of the Dior mark in a dispute relating to the sale of Christian Dior branded goods outside a selective distribution network in breach of a trade ...
Implications Of The Fair Work Act In A Contracting Economy.
Jun 01, 2009 ... Andrew Tobin, Partner Damian O'Connor, Special Counsel Rebekah Fryer, Associate Jessica Paten, Trainee Solicitor It is plainly obvious that many of the changes introduced by the Fair Work Act 2009 and the related legislation will impose additional direct and indirect costs on ...
IP Snapshot - May 2009.
Jun 01, 2009 ... TRADE MARKS Waterford Wedgwood plc v OHIM, ECJ, Case C-398/07, 7 May 2009 The ECJ has dismissed an appeal from the CFI which had found no likelihood of confusion between a logo mark for "Waterford Stellenbosch" for wines and the earlier word mark WATERFORD, owned by Waterford ...
TransCore Case Has Important Implications For Patent Licensing Practices.
Jun 01, 2009 ... On April 8, 2009, the U.S. Court of Appeals for the Federal Circuit issued a decision in TransCore, LP v. Electronic Transaction Consultants Corp. (No. 2008-1430) that will have a significant impact on how agreements relating to patents are interpreted. Patent owners must consider this ...
Government Guidance - Significant Changes As A Further Part Of "Culture Change".
Jun 01, 2009 ... Introduction The Scottish Government have signalled a clear intention to try and change the approach to planning in Scotland as well as the legislative framework. At the Planning Summit held last year they revealed new guidance entitled "Scottish Planning Policy" ....
Kyocera Changes The Landscape For Relief In The International Trade Commission.
Jun 01, 2009 ... The International Trade Commission ("ITC") offers broad injunctive relief in the form of exclusion orders, which exclude infringing articles from importation into the United States. While the Federal Circuit's recent decision in Kyocera Wireless Corp. v. Int'l Trade Comm'n (545 F.3d 1310 ...
Courts Act To Protect Business Interests.
Jun 01, 2009 ... Andrew Tobin, Partner Damian O'Connor, Special Counsel Rebekah Fryer, Associate Jessica Paten, Trainee Solicitor In two recent decisions, Courts have protected the business interests of employers by awarding damages against former employees who misused confidential information ...
Canadian Life Insurers Assurance Facility launched.
Jun 01, 2009 ... On May 22, 2009, the Minister of Finance announced the launch of the Canadian Life Insurers Assurance Facility (CLIAF), which is intended to assist life insurance companies in accessing debt markets on competitive terms by insuring their wholesale term borrowing. The CLIAF is a component ...
Ontario Proposes Cap-And-Trade Legislation, While Federal Regulations Delayed To Match U.S. Timetable.
Jun 01, 2009 ... Following closely on the heels of Quebec's recent proposal for a provincial greenhouse gas ("GHG") cap-and-trade system, the Ontario government introduced enabling legislation on May 28, 2009 to allow for the implementation of a GHG cap-and-trade system in Ontario by 2012. The details of ...
Are You Affected By The Moratorium On Clearing High Value Regrowth?
Jun 01, 2009 ... The Bligh Government, in line with its election promise, recently introduced The Vegetation Management (Regrowth Clearing Moratorium) Act 2009 (the Act), which places a moratorium on the clearing of high value vegetation. The moratorium is due to end on 7 July 2009 however, ...
Was/Now Pricing - When Is It Misleading?
Jun 01, 2009 ... Often retailers will advertise products for sale by showing a "was" price and comparing that price to the "now" price or "reduced price" in order to demonstrate how much a consumer will save by purchasing the product during the sale period. Depending on the facts, was/now ...
Bilateral Investment Treaties.
Jun 01, 2009 ... The Czech Republic and Italy have agreed to end their bilateral investment treaty from 1 May 2009. Bilateral investment treaties (BITs) provide reciprocal protection for cross-border investments between the two treating countries. Before their accession to the ...
SJ Berwin's Community Week: A Weekly Summary Of Competition Law And Policy Developments.
Jun 01, 2009 ... EU DEVELOPMENTS Online Commerce Roundtable report is published On 26 May 2009, the European Commission (the "Commission") published a report on the outcome of its cross-departmental consultation with industry members and leading consumer groups into online retailing, ...
Liquor Licence Applicants Win Their Fight To Be Afforded Procedural Fairness: A Landmark Appeal To The Supreme Court Of WA.
Jun 01, 2009 ... Article by Eagul Faigen and Nathalie Rassool On 5 September 2008, in the case of Hancock v Executive Director of Public Health [2008] WASC 224, Martin CJ in the Supreme Court of Western Australia quashed a decision of the Liquor Commission (Commission)/Delegate of the Director ...
The Impacts Of The Australian Alcohol Guidelines For Low-Risk Drinking On The Liquor Industry.
Jun 01, 2009 ... On 6 March 2008 the National Health and Medical Research Council's (Council) Australian Guidelines To Reduce Health Risks From Drinking Alcohol (Guidelines) were released. The Guidelines replace the 2001 Australian Alcohol Guidelines, Health Risks and Benefits, and change what ...
The Pendulum Swings Back: Licensee Responsible For The Death Of A Drunk Patron.
Jun 01, 2009 ... In January 2009, the Full Court of the Supreme Court of Tasmania in the case of Scott v C.A.L No 14 Pty Ltd handed down a decision which may impact severely on the treatment of a licensee's duty of care when a patron consumes liquor to a level of intoxication. The Scott case was ...
New Year's Eve Celebrations With A BANG: The Liability Of The Licensee For The Criminal Acts Of Patrons.
Jun 01, 2009 ... On 26 February 2009 the New South Wales Court of Appeal dismissed an appeal against a decision of the New South Wales District Court, where a hotel operator (the appellant) was found to have breached its duty of care to two patrons who were shot on its licensed premises. The New ...
Rudd Government Delivers A Fibre To The Home (FTTH) National Broadband Plan: A Commentary On The Future Of Telecommunications In Australia And Its Regulation.
Jun 01, 2009 ... On 7 April 2009 the Government announced plans to build a fibre to the home (FTTH) broadband network which would operate as an open access network, offering download speeds of up to 100 Megabits per second to 90% of Australian homes and businesses (where the remaining 10% would be serviced ...
Communications Law Bulletin, May 2009.
Jun 02, 2009 ... The Month in Brief As we go to press, maneuvering continues over key appointments at the Federal Communications Commission ("FCC" or "Commission") and the National Telecommunications and Information Administration ("NTIA"), and the FCC has just released a report outlining its ...
Recent Reports To Congress On Broadband Investment Provide Details On Federal Stimulus Funding Opportunities.
Jun 02, 2009 ... On May 18, 2009, the two federal agencies that will distribute $7.2 billion to support broadband projects under the American Recovery and Reinvestment Act (ARRA) reported to Congress on their progress in implementing the new stimulus law. The reports provide detailed information on the ...
FDA Seeks Comments On "Risk Information" In Advertising From Pharmaceutical And Medical Device Manufacturers.
Jun 02, 2009 ... On May 26, 2009, the FDA issued and gave interested parties 90 days to comment on a draft guidance for industry titled "Presenting Risk Information in Prescription Drug and Medical Device Promotion." Drafted with the input of at least four FDA divisions, the FDA contends that the draft ...
Update On The CRTC's National Do Not Call List.
Jun 02, 2009 ... The Canadian Radio-television and Telecommunications Commission ("CRTC") launched its National Do Not Call ("DNC") List on September 30, 2008. On April 20, 2009, it concluded a follow-up proceeding to address three policy issues that had arisen during the implementation of the DNC regime ....
Google's Street View: Too Revealing?
Jun 02, 2009 ... Reprinted with permission from FindLaw.com Google's Street View panoramic photo mapping service allows users to see street level photographs of specific locations, to take virtual walks while panning, rotating and zooming through cities around the world, and to find shops, ...
Protecting Interests In Divorce Proceedings.
Jun 02, 2009 ... The C Trust Company Limited and Advocate Mark Temple as Guardian for LD and ZD, Royal Court, unreported judgment 12 March 2009 Facts The trustee in this case sought the blessing of the Royal Court to certain decisions made in relation to the R Trust and the M Trust. Mr Temple ...
Utilising British Virgin Islands And Cayman Islands Entities For Private Equity Investment Into China.
Jun 02, 2009 ... As offshore legal counsel based in Hong Kong, we commonly deal with the book ends of inbound private equity investment into the People's Republic of China ("PRC"), that being, the initial establishment of the offshore investment fund structure, typically structured as a limited partnership ...
Insurance Market Update - The Deloitte View For Non-Life Insurers, May 2009.
Jun 02, 2009 ... Welcome to the May edition of the Insurance Market Update, in which we focus on issues in the non-life insurance industry. Solvency II remains high on many insurers' agendas as they begin their planning activities in earnest and consider whether they are going to take part in ...
IceTv Defeats Channel 9 In High Court Over Electronic Program Guide: What Does It Mean For Free To Air TV And Telstra's Other Monopoly?
Jun 02, 2009 ... The recent High Court decision in favour of IceTV will have far reaching implications for all Australians. As might be expected it contains an interesting discussion about the concepts of copyright law and when copyright is created. However it is likely that over time, this decision will ...
Super Tax On Overtime.
Jun 02, 2009 ... Article by Damian O'Connor, Special Counsel New public ruling The Australian Taxation Office has released a public ruling confirming that employers do not have to make compulsory superannuation contributions in respect of overtime payments. The ATO accepts that it was ...
Disability Discrimination And Publicly Accessible Buildings: More Certainty For The Property Industry.
Jun 02, 2009 ... Both State and Federal legislation prohibit discrimination against people with disabilities. One of the most problematic areas of anti-discrimination law, from a compliance perspective, arises for owners, managers and developers of publicly accessible buildings, who are legally required to ...
The DOL May Be Showing Up On Your Doorstep.
Jun 02, 2009 ... On March 25, 2009, the Government Accountability Office ("GAO") released a report which found that the Wage and Hour Department of the U.S. Department of Labor ("WHD") consistently falls short in properly investigating claims of wage and hour violations under the Fair Labor Standards Act ...
Pharmacapsules @ Gowlings: May 28, 2009.
Jun 02, 2009; ... Edited by Jennifer Wilkie & Chantal Saunders Biotechnology Clusters: Their Importance and Keys to Success Latest Report Shows Biotech Companies Facing Serious Financial Crunch Biotechnology Industry Organization (BIO) Comments on the Impact of the Economy ...
Salans Kyiv Tax Newsletter.
Jun 02, 2009 ... Salans is a full service international law firm with offices in Almaty, Baku, Barcelona, Beijing, Berlin, Bratislava, Bucharest, Budapest, Frankfurt, Hong Kong, Istanbul, Kyiv, London, Madrid, Moscow, New York, Paris, Prague, Shanghai, St. Petersburg and Warsaw. Ukrainian ...
New Disclosure And Oversight Requirements Affecting TARP Recipients And Investors In Legacy Assets Under PPIP.
Jun 02, 2009 ... Two of the provisions of the Helping Families Save Their Homes Act of 2009, signed into law on May 20, 2009, have significant impact on investors seeking to purchase legacy loans or legacy securities under the PublicPrivate Investment Program, as well as any entities which receive funding ...
New Guidelines Now Allow PRC Banks To Extend M&A Loans.
Jun 02, 2009 ... To promote the expansion of PRC companies domestically and internationally by mergers and acquisitions in the current global economic crisis, the China Banking Regulatory Commission has promulgated the "Guidelines on Risk Management for Loans extended by Commercial Banks for Mergers and ...
New Swaps Legislative Initiative.
Jun 02, 2009 ... On May 14, Treasury Secretary Timothy F. Geithner sent a two-page letter to Congressional leaders asking for quick enactment of legislation in accordance with his proposal to regulate most derivatives in the United States, including credit default swaps ("CDS"). CDS are promises by one ...
SEPA's Thermal Treatment Of Waste Guidelines 2009.
Jun 02, 2009 ... Introduction SEPA has issued new Guidelines on the Thermal Treatment of Waste which update and replace those produced in 2004 and have the objective of ensuring that recovery of energy from waste is maximised as well as ensuring that new and existing thermal treatment facilities ...
The Arbitration Bill - A New Beginning In Scotland?
Jun 02, 2009 ... Arbitration in Scotland Scotland, like many jurisdictions, has a long history of arbitration being an acceptable means of dispute resolution. Indeed a set of regulations made in 1695 (by the previous Scottish Parliament) still remain valid. It is the position, ...
Proposed Changes To Public Procurement Laws.
Jun 02, 2009 ... The government intends to change the law governing public procurements, in two major phases. The first phase, which has already been sent to Parliament, contains changes designed to combat current economic difficulties, such as: allowing parties to amend inessential provisions ...
New Guidance On The Time Limits For Public Procurement Challenges.
Jun 02, 2009 ... Earlier this month the courts gave new guidance on the critical time periods that govern challenges for breaches of the Public Contracts Regulations 2006 ("the Regulations"). The case concerned the interpretation of the requirement that an action be brought "promptly and in any event ...
Principal Changes To The Cayman Exempted Limited Partnership Law.
Jun 02, 2009 ... Cayman Islands Exempted Limited Partnerships ("ELPs") remain a popular choice of vehicle for the investment fund industry, most particularly in private equity fund structures. In recognition of their significance to the financial services industry in the Cayman Islands and in line with ...
IP Update - May 2009 - Part 1.
Jun 02, 2009 ... District Court Remand Orders to State Courts Are Appealable To Infringe Product-by-Process Claim, Must Practice the Process Setting a Lower Patent Misuse Standard? Safe Harbor Defense Is Available at ITC Use Filing Date of the Second Application ...
Concept Of Property And Intellectual Property In Latvia - Part 1.
Jun 02, 2009 ... Contents: Implementation and development of the intellectual property Legislation on the intellectual property – most important stages of development Form of protection Priorities of protection Rights acquired indirectly ...