Mondaq Most Recent Articles-07 November 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.
Petroleum Affairs In Turkey Akdogan Uslas Attorneys at Law Located at the crossroads of Europe, Russia, the Caspian Region and the Middle East, Turkey is an energy corridor linking the supplier countries to principal consumer markets and thus stands as a key layer in ensuring energy security through diversification of resources and routes.	European Commission Fines E.On And GDF Suez Over EUR 1 Billion For Anti-Competitive Agreement Bird & Bird On 8 July 2009, the European Commission announced that it had fined each of E.On (including its subsidiary E.On Ruhrgas) and GDF Suez EUR 553 million for operating a market-sharing agreement.
Health Care Reform: More Aggressive Fraud Enforcement And Broader Government Oversight Are On The Horizon Fried Frank Harris Shriver & Jacobson Much of the current debate surrounding health care reform has focused on entitlements and the mechanisms for paying for them.	Bailment: Boat Vandalised Whilst Left At Unsecured Mooring Overnight; Whether Repairer Took Reasonable Care. Curwoods Lawyers A repairer was held to be bailee of a boat, even where the bailor retained a key and the boat was left at an unsecured mooring.
Priority Arrangements In Mortgage Enforcement Actions Gadens Lawyers This recent unanimous decision of the High Court of Australia highlights the need for mortgagees to carefully consider the terms contained in their guarantees, as certain provisions can displace priority arrangements between mortgagees in any enforcement action, through rights of subrogation.	Are You Contracting With The Right Person? MacRoberts It seems both fundamental and self-evident that you should make sure that you are contracting with the legal person with whom you want to contract.
Legal Update: Franchising Reforms Broadly Welcomed Deacons The franchise sector breathed a collective sigh of relief when the Minister for Small Business Craig Emerson announced the Government's official response to the report of the recent Federal Parliamentary inquiry into franchising.	Promotion Campaigns With Prize Draws Dulger Law Firm One of the most common mechanisms preferred in promotion campaigns in Turkey is prize draws. The promotion campaigns including prize draws aims to increase the sales by pushing the consumer to purchase as more purchase gives more chance to win the prize.
New Margin Scheme Determination Issued - Should You Be Concerned? DLA Phillips Fox The Tax Office has issued a new Margin Scheme Legislative Determination that generally applies from 1 March 2010.	Runaway Train? Middle East Rail Infrastructure To See Spending Boom Ashurst The rolling sand dunes of the Middle Eastern desert have historically only been negotiated by Bedouin, dromedary and Wilfred Thesiger and, more recently, by the ubiquitous 4x4.
Massachusetts Supreme Court Holds that Asymptomatic Plaintiffs May Sue for Medical Monitoring Mayer Brown In a recent opinion that bucks the national trend, the Massachusetts Supreme Judicial Court authorized plaintiffs who have no manifest physical injuries, but who assert “subcellular changes” caused by cigarette smoking, to sue for medical monitoring.	Challenging A Competitor`s Comparative Advertising Frankfurt Kurnit Klein & Selz Many major advertisers have resorted to comparative claims of product superiority in an effort to stretch shrinking marketing budgets.
Staffing Companies Face Potential Exposure For Interview Time Littler Mendelson In a putative class action pending in the federal court for the Northern District of California, Sullivan v. Kelly Services, Inc. (Case No. C 08-3893 CW), Judge Claudia Wilken, ruling on cross motions for summary judgment, has held that the time spent interviewing by a Kelly Services employee seeking temporary work assignments with Kelly Services' clients is compensable under California law.	Consultation On The Regulation Of Credit And Store Cards CMS Cameron McKenna LLP The Department for Business Innovation & Skills has launched a consultation on changes to current practices in the consumer credit industry.
Antitrust Alert: New Chinese Court Developments Provide Insights Into Anti-Monopoly Law Jones Day On October 23, 2009, two private lawsuits filed under China's Anti-Monopoly Law ("AML") were resolved, allowing more insight into the workings of the new statute.	State Resale Price Maintenance Laws After Leegin Dorsey & Whitney LLP Two years ago the U.S. Supreme Court overruled the longstanding per se rule against minimum resale price maintenance (RPM) agreements.
IRS Begins Section 409A Audits Jones Day The Internal Revenue Service ("IRS") has begun auditing companies' compliance with Section 409A of the Internal Revenue Code ("Section 409A").	New Law Requires Employers With Defined Benefit Plans To Post Information On Their Intranets Dorsey & Whitney LLP Employers that sponsor defined benefit plans need to comply with a new requirement to post the Form 5500 actuarial information for the defined benefit plan on the employer’s intranet.
CRTC Follows The Money, Concludes Globalive Does Not Satisfy Canadian Ownership And Control Requirements Stikeman Elliott LLP Canada's federal telecommunications regulator, the Canadian Radio-television and Telecommunications Commission (CRTC or Commission), has recently released the stunning decision that Globalive Wireless Management Corporation (Globalive) is not currently eligible to operate as a telecommunications common carrier (TCC).	Guernsey Welcomes Conclusions Of The ‘Foot Review’ GuernseyFinance The Guernsey Government has welcomed the final report of the ‘Foot Review’.
Guernsey Sees Early Business Prospects From Asia Visit GuernseyFinance Practitioners from Guernsey’s fiduciary sector are reporting that business opportunities for them in the Asian market are better than ever following the Island’s latest delegation to the region.	U.S. House Proposes Registration of Most Private Fund Advisers, Excepting "Venture Capital Fund Advisers" Torys LLP On October 27, 2009, the U.S. House of Representatives Financial Services Committee approved out of committee proposed legislation titled the "Private Fund Investment Advisers Registration Act of 2009" (the Proposed Legislation); this is the fifth bill introduced this year to regulate private funds.
California Court Erects A Strong Barrier To Creditor Claims Against Corporate Directors And Officers Farella Braun & Martel The Sixth District Court of Appeal, resolving a previously unanswered question in California, has drawn a bright line shielding company directors and officers from personal liability arising from creditor claims of breach of fiduciary duty.	Derailment Leads To Indemnity Claims DLA Phillips Fox The recent decision of the New South Wales Court of Appeal in Rail Corporation New South Wales v Fluor Australia Pty Ltd & Alpcross Pty Ltd [2009] NSWCA 344 provides a useful example of the duties owed between contracting parties to each other.
Professional Investor Funds In Malta Emmanuel Mallia & Associates There are a number of clear advantages that Malta offers as a jurisdiction in which to set up a fund. The main reason is the tax treatment of funds in Malta.	Educational Institutions Must Try To Protect Students' Personal Information Duane Morris LLP Not surprisingly, educational institutions possess all sorts of private data with respect to their students. However, a bit more surprising is how easy it is for the privacy of that data to be compromised.
The Investment Canada Act: Paper Tiger No More Ogilvy Renault This year has seen several significant developments related to the "Investment Canada Act" (the Act). These include the enhancement of the enforcement powers of the Minister of Industry (the Minister) and the expansion of the Minister's power to now also review transactions on the grounds they may be injurious to Canada's national security.	FTC Approves New Guidelines For Using Testimonials And Endorsements In Advertising; Guidelines Expressly Apply To Blogging And Other Forms Of Social Media Goodwin Procter LLP On October 5, 2009, the Federal Trade Commission (“FTC”) announced a revised set of guidelines for the use of testimonials and endorsements in advertising.
The Mortgage Market Review: Major Reform For The Mortgage Market CMS Cameron McKenna LLP FSA has proposed a fundamental change in its approach to regulation of the mortgage market, its hope being that these radical proposals will not only eliminate the irresponsible behaviour of some firms but also "help protect consumers from themselves".	Florida Government And Politics Weekly Update (Week Of November 2, 2009) Foley & Lardner On October 29, 2009, former Agency for Health Care Administration (AHCA) Secretary Holly Benson, as expected, announced her entry into the 2010 Republican primary race for Florida attorney general.