Mondaq Most Recent Articles-09 May 2008

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.
Offshore: Funds & Financial Services FAQ on Cayman Islands brought to you exclusively from Walkers Frequently asked questions on funds and financial services in the offshore market.	Biotechnology/ Life Sciences/ Intellectual Property FAQ on Canada brought to you exclusively from Torys LLP This FAQ focuses upon the issues raised by protection of intellectual property rights in the field of biotechnology and life sciences. The applicable legislation and caselaw is discussed, and recent developments in this rapidly changing area are addressed.
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?
A Clear-Cut Case (Construction Law Update) MacRoberts Glazing contractors Southern Glass Services (SGS) have been successful in what is being hailed by some as a "landmark case" in the construction industry. The details are as follows:	Points Based System; Statement Of Intent For Tier 2 And Tier 5 CMS Cameron McKenna LLP The Government has yesterday published a Statement of Intent for both of Tier 2 and Tier 5 of the new Points Based System for immigration (“PBS”).
Recycle, Recover And Re-Use Is The Message From The Department Of Environment In The New Regulations On Waste Browne Jacobson The Site Waste Management Plans Regulations 2008 have been introduced by the Department of Environment to regulate the disposal of site waste - and doing so with an emphasis on creating a recorded and auditable process for the proper, disposal of waste.	Squatting Not Necessarily An Abuse – Brand Owners Beware! Browne Jacobson Brand owners have a number of possible ways of “recovering” from cyber-squatters, domain names that incorporate their trade marks.
Immigration: Cap Gap Extension Duane Morris LLP The U.S. Citizenship and Immigration Services (USCIS) announced an Interim Final Rule on April 4, 2008, which provides relief for certain students whose practical training (work authorization) will expire this summer.	FDA Announces Draft Prescription Drug User Fee Act for Drug Safety Five-Year Plan Duane Morris LLP On May 5, 2008, the FDA published for public comment a draft drug safety five-year plan entitled "Prescription Drug User Fee Act (PDUFA) IV Drug Safety Five-Year Plan."
Contract, Project Abandonment: Separate Legal Concepts Sedgwick Detert Moran & Arnold Abandonment is a well-known concept on construction projects in California. It generally arises in different situations. One example is when the project's design is so deficient that the contractor performs a massive amount of change orders and extra work.	California Supreme Court Adopts Sophisticated User Doctrine Sedgwick Detert Moran & Arnold In the heavily anticipated decision of Johnson v. American Standard, which was issued April 3, 2008 (Opinion No. S139184), the California Supreme Court unanimously decided that the "sophisticated user doctrine" applies in California.
What’s Ahead? - An Outline Of Key Developments In Canadian Securities Regulation Borden Ladner Gervais LLP “It’s Time”. Wise Persons Committee to review the structure of securities regulation in Canada. Minister of Finance (Canada) December 2003.	IP Rights And Traditional Medicine: A Procrustes’s Bed? Mathys & Squire As reported previously in Business Weekly, Guangzhou Xiangxue Pharmaceuticals (Xiangxue) recently became the first Traditional Chinese Medicine (TCM) company to establish a base in the UK, at the Babraham Research Campus near Cambridge.
Industry Wages War On Waste Eversheds As an array of emerging technologies line up for the renewable energy bandwagon, how viable is waste-to-energy? Michelle Knott reports	Second Circuit Narrows Forum-Shopping Exception To First To File Rule In Declaratory Judgment Actions Sedgwick Detert Moran & Arnold The U.S. Court of Appeals for the Second Circuit has held that the "special circumstances" exception to the usual "first to file" rule used to determine priority when competing lawsuits have been filed in different forums does not apply merely because the plaintiff here, two insurance carriers in the first-filed action was partly motivated by a desire to select a forum with favorable law.
British Columbia Court Denies Certification In Canada’s First Combined Direct And Indirect Purchaser Price-Fixing Conspiracy Case Blake, Cassels & Graydon LLP On May 6, 2008, the B.C. Supreme Court issued its Reasons for Judgment in “Pro-Sys Consultants Ltd. v. Infineon Technologies AG et al.”, 2008 BCSC 575 denying the Plaintiff’s application to certify Canada’s first combined direct and indirect price-fixing conspiracy case as a class action under the “Class Proceedings Act”, R.S.B.C. 1996, c. 50 (Act).	Supreme Court Of Canada Finds That Employee Must Mitigate By Taking Temporary Position With The Dismissing Employer Borden Ladner Gervais LLP It is well established that employees who are constructively dismissed may have a duty to mitigate their damages by remaining in the altered position for a period of time while they search for other employment.
Keep Your SSO Promises: What You Say Can And Will Be Used Against You Goodwin Procter LLP Companies involved in the research, design and development of new technologies often participate in standards setting organizations (SSOs) which focus on the standardization of such technology.	Arizona Adopts New Law Clarifying Controversial Sanctions Statute, Imposing Other Obligations On Employers And State Contractors Littler Mendelson On May 1, Arizona Governor Janet Napolitano signed House Bill 2745 into law. The legislation makes several key amendments to the Legal Arizona Workers Act a statute enacted nearly one year ago to combat the employment of undocumented workers in Arizona.
IP - A Foundation For Competitive Advantage And Growth Mathys & Squire Intellectual property is one of the most important assets of a company, whether it is a small start-up or a large multinational.	Retirement Plan Service Provider May Be Liable For Breach Of ERISA Fiduciary Duty In Cross-Selling Rollover IRAs Invested In Proprietary Mutual Funds Goodwin Procter LLP A federal district court in Iowa allowed class action claims to proceed against a financial services company for alleged breaches of fiduciary duty under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), resulting from the company encouraging retirement plan participants to roll over their 401(k) plan assets into IRAs invested in the company’s proprietary mutual funds.
Patents, Employment Contracts And Automatic Assignment: Federal Law Holds Sway Goodwin Procter LLP The U.S. Court of Appeals for the Federal Circuit recently ruled in DDB Technologies, Inc. v. MLB Advanced Media, L.P., No. 2007-1211 (Fed. Cir. Feb. 13, 2008) that federal law applies to the question of whether an assignment-of-inventions clause in an employment contract creates an automatic assignment of the patent to the employer or merely a promise to assign in the future.	FRB Proposes Rules For Credit Card And Overdraft Services Goodwin Procter LLP The FRB proposed rules regarding credit cards and overdraft services. The proposals would amend Regulations AA (Unfair Acts or Practices), Z (Truth in Lending) and DD (Truth in Savings).
Strong Growth In The Financial Center: Financial Market Authority Publishes 2007 Annual Report Government of Liechtenstein New markets in the Middle East and Southeast Asia have made the business activities of Liechtenstein financial intermediaries even more international.	Gift Cards And California Law - Changes That Impact Your Business Buchalter Nemer January 2008 rang in new laws governing gift cards and gift certificates. While some items remain the same, changes have been made. As a retailer, these changes impact you.
Current Issues In D&O And E&O Coverage: S.D.N.Y. Holds That Credit Suisse Waived Work Product Privilege By Disclosing Internal Investigation Memoranda To The Government Edwards Angell Palmer & Dodge LLP If outside counsel for a company drafts factual memoranda concerning an internal investigation conducted in response to alleged wrongdoing, and then voluntarily shares the memoranda at the company's direction with government investigators, has the company waived the work product privilege?	Draft Commercial Code Still Pending - But Help Is On The Way Hergüner Bilgen Özeke The Turkish Commercial Code (the “TCC”) was enacted in 1956, and governs commercial transactions, as well as the establishment and governance of capital stock companies and sole proprietorships.
Corporate Law News Minter Ellison On 23 April 2008, ASIC released Investing in debentures? Independent guide for investors reading a prospectus for unlisted debentures, to help investors considering investment in unlisted debenture products.	Insurance And Reinsurance News Freshfields Bruckhaus Deringer On 20 March, the FSA published a discussion paper on Transparency, disclosure and conflicts of interest in the commercial insurance market.
Nicholas Weston Moves To Browser-Based Trade Mark Management Nicholas Weston Nicholas Weston, the law firm behind the Australian Trade Marks Law Blog has moved to so-called 'cloud computing' technology architecture with the adoption of the WebTMS browser-based trade mark management system.	Domain Name Transfer Made Easier Nicholas Weston As of 1 June 2008, a new and more flexible registrant transfer policy comes into effect, allowing domain name registrants to transfer their domain name licence to another eligible entity for any reason.
United Kingdom: Carriage Of Goods: Consequences Of Mis-Declaration Holman Fenwick Willan Shippers, forwarders, charterers and liner operators, among others, face potentially unlimited liabilities for mis-declared cargoes.	Case Note James Spittles v Michael´s Appliance Services Pty Limited & Ors [2008] NSWCA 76 14 April 2008 Curwoods Lawyers The Court of Appeal considered the liability of a manufacturer for the supply of defective goods under s 75AD of the Trade Practices Act.