Mondaq Most Recent Articles-04 July 2009

Offshore: Company Formation FAQ on Cyprus brought to you exclusively from Andreas Sofocleous & Co FAQ for company formation in Cyprus.	False Advertising FAQ on United States brought to you exclusively from Patterson Belknap Webb & Tyler LLP Frequently asked questions on false advertising.
Labour Law FAQ on Germany brought to you exclusively from Schneider Schwegler Frequently asked questions about Labour law in Germany.	Offshore: Trusts FAQ on Mauritius brought to you exclusively from Multiconsult A definitive guide to the offshore trust market through questions and answers.
Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP Can private actions be configured as class actions?	Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP We are charity set up to preserve wildlife and educate the public about it. We are starting a trading operation. We will be selling wildlife related books and other unrelated items to generate income. We expect to make a profit, will this be liable for tax?
Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP What is the effect of confirmation of the plan on the company and on existing creditors and equity holders? Can a plan be enforced notwithstanding objections of creditors?	Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP What practical issues are raised by the need to call present and ex- employees as witnesses in litigation? Can/should an unwilling witness be subpoenaed? What practical steps can a company take to protect its position in this regard?
Corporate Governance Reforms And Executive Compensation & The Perfect Storm Fenwick & West LLP Over the next few months we are likely to witness the development of a "perfect storm" of corporate governance reforms and executive compensation changes at U.S. public companies.	Mortgagees Take Note: New Protection For Residential Tenants Hunt & Hunt The NSW government has moved swiftly in response to the increased impact on residential tenants as a result of the growing number of mortgagee in possession actions.
The Annuity Payment System In Mexico Becerril Coca & Becerril In accordance with the Mexican Patent and Trademark Law in Mexico, in order to maintain patent, industrial design, and utility model registrations in force through their life terms, the payment of maintenance fees is necessary.	Supersize Fraud Enforcement: Give The SEC Criminal Jurisdiction The Hurson Law Firm LLP Now that Bernie Madoff has been handed his long anticipated life sentence, attention has returned to the United States Securities and Exchange Commission (SEC) and how it missed the “Ponzi scheme of the century.”
New Consultation Paper On Changes To Part L And Part F Of The Building Regulations Shadbolt LLP Gordon Brown’s speech at the weekend reminded us that with the Climate Change Conference due to open in Copenhagen in less than 23 weeks, the world’s recovery from recession must be based on sustainable development, and be consistent with the objective of achieving a reduction of greenhouse gas emissions (or carbon emissions, in the usual shorthand) of the order which, in the case of the UK, was targeted in the Climate Change Act, i.e. an 80% reduction in carbon emissions by 2050 compared to the	Recent Case Law Of The European Court Of Justice And The European Court Of First Instance In Trade-Mark Matters Reed Smith On May 2, 2009, the European Court of First Instance had to decide on the registrability of three-dimensional trademarks in two cases.
Arbitration In Australia – Winds Of Change Or Merely A Breeze? DLA Phillips Fox For the better part of a century – or perhaps even longer – arbitration has been the preferred method of dispute resolution in the maritime industry.	National Consumer Credit Protection Legislative Package Introduced Clayton Utz The National Consumer Credit Protection legislative package, which will effect the transfer of responsibility for regulation of consumer credit to the Commonwealth, was introduced into Parliament today.
Termination Payments: Good News, Bad News Clayton Utz The Federal Government has fast-tracked its crackdown on directors' and executives' termination payments.	The Criminalisation Of Cartels: Cartel Bill Becomes Law DLA Phillips Fox The criminalisation of cartel conduct has become a reality in Australia. The Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Amendment Act) comes into effect on 24 July 2009.
Unfair Contract Terms Legislation To Exclude Business Contracts, Enforcement And Remedies Expanded Clayton Utz The “Trade Practices Amendment (Australian Consumer Law) Bill 2009”, which will enact unfair contract terms provisions into Australian Federal law, was introduced into Parliament today.	Queensland Developers, Mining Companies, Banks, Real Estate Agents - Be Prepared For The New Laws! Clayton Utz The new “Residential Tenancies and Rooming Accommodation Act” 2008 (Qld) commences on 1 July 2009 and will repeal the existing “Residential Tenancies Act” 1994 and “Rooming Services (Accommodation) Act” 2002.
ASIC Policy Update – Using Your Website To Comply With The Continuous Disclosure Obligations Deacons Under the Corporations Act, unlisted disclosing entities (including many managed funds) are required to comply with their continuous disclosure obligations by lodging notices with the Australian Securities and Investments Commission (ASIC).	Emissions Trading: Government Releases Details Of EITE Assistance Program Clayton Utz On 19 June 2009, the Federal Government released important details of how the emissions-intensive trade-exposed (EITE) assistance program, established by Part 8 of the "Carbon Pollution Reduction Scheme Bill 2009", will work in practice.
Extension Of Time For Lodging Notice Of Charge Clayton Utz Simply because the grounds exist on which the extension of time may be granted did not mean that this extension would be granted in all circumstances.	Islamic Finance: An introduction Clayton Utz Islamic finance is premised upon the belief that commercial activity should be beneficial to society and reflect sound moral and ethical standards.
National Cap-and-Trade Legislation Passes the House: At 1,428 Pages, Nearly Something for Everyone Foley Hoag LLP The narrow passage by the House of Representatives of H.R. 2454, the American Clean Energy and Security Act of 2009 [.pdf], by a vote of 219-212 on Friday, June 26, marks the first time that major legislation on global warming has passed either house of Congress.	Reasonable Steps? A New Statutory Obligation On Mortgagees To Identify Mortgagors Clayton Utz It is currently unclear whether the new NSW requirements will impose additional burdens on mortgagees.
Something Old… Something New: The Sustainable Planning Bill 2009 Clayton Utz The Minister for Infrastructure and Planning tabled the Sustainable Planning Bill in the Queensland Parliament on Friday.	HMRC Announce New Customs Seizure Procedures For Goods Detained From Friday 3 July 2009 CMS Cameron McKenna LLP HMRC have announced new procedures for dealing with the detention and seizure of goods suspected of infringing intellectual property rights (IPRs).
New Clauses To Allow Land Tax Recovery HopgoodGanim Lawyers The Revenue and Other Legislation Amendment Act 2009 comes into effect on 30 June 2009.	Salvage Arbitration Clayton Utz There are different ways of ensuring that the salvage reward can be determined after the salvage.
Missouri Courts Further Restrict The Application Of Covenants Not To Compete Littler Mendelson The Missouri Court of Appeals has held that a covenant not to compete and nonsolicitation agreement, which was reasonable in scope and temporal terms, was, nevertheless, unenforceable because the employer did not establish that an employee, who had substantial customer contacts, could make use of those contacts with customers to his former employer's disadvantage.	New Federal Unfair Dismissal And ‘Adverse Action’ Jurisdictions Begin HopgoodGanim Lawyers Various parts of the Fair Work Act come into effect on 1 July 2009. Among them are the provisions enacting the new federal unfair dismissal and ‘adverse action’ jurisdictions of Fair Work Australia (FWA).
When Managed Investment Funds Are Not "Investors" For The Purpose Of Seeking Protection Under BITs Clayton Utz The particular definitions of "investment" and "investor" in a bilateral investment treaty could leave some investors out in the cold.	Employer Speech In Oregon´s Workplaces, The Impact Of SB 519 Littler Mendelson Oregon's Governor Ted Kulongoski (D) signed SB 519 on June 30, 2009. The new law, referred to by its opponents as the "Employer Gag Bill," and heralded by its supporters as the "Worker Freedom Act," prohibits employers from mandating employee attendance at meetings involving an employer's opinions regarding religious or political matters and prohibits employers from taking any adverse employment action against employees who decline to attend those meetings.
An Update On The Recognition And Enforcement Of Foreign Arbitral Awards In Australia Clayton Utz A party that obtains an award in an overseas arbitration may seek recognition and enforcement of that award by an Australian Court under section 8 of the International Arbitration Act 1974 (Cth).	Nanotechnology: Regulation Now, Litigation Later? Walsworth, Franklin, Bevins & McCall The study of nanotechnology has fueled debate over whether it involves potentially toxic substances that may cause activity in the mass tort arena.
Government Delays Start To CPRS, But Greenhouse Reporting Deadline Looms For NGERS Gadens Lawyers In a timely reminder of looming reporting deadlines for liable entities and a wake-up call for those still in the dark about new greenhouse reporting laws, the Government has just released a policy statement for how the ‘carbon police’ will be approaching recalcitrant and non-compliant companies in the inaugural year of the NGER Scheme.	The Fair Work Act: Are You Prepared? Middletons All employers should be reviewing all aspects of their workplace relations operations to ensure they comply with the new laws.