Mondaq Most Recent Articles-20 November 2008

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?
Overview Of Recent Developments In Canadian Take-Over Bid Regime Osler, Hoskin & Harcourt LLP Canadian securities regulators have announced regulatory initiatives to harmonize and consolidate existing rules governing take-over bids and issuer bids.	State Amends Valuation of Land Amendment Bill HopgoodGanim Lawyers In a significant outcome for the property industry in Queensland the State backed down on some of the changes it had proposed to the Valuation of Land Act 1944 (the Act) which would have had sweeping ramifications for the value of improved property throughout Queensland
Australia To Reform Personal Property Securities Law DLA Phillips Fox The Commonwealth Attorney-General's Department has confirmed that reform of Australia's Personal Property Securities law remains an active item on the Government's legislative agenda.	Investments In Indian Country Bring Diversification Opportunities - And Diverse Issues Bracewell & Giuliani LLP As the United States economy continues to move toward an economic slowdown, many lenders, investors and developers are seeking means of diversifying their portfolios. For some, economic development opportunities in Indian country are increasingly seen as an attractive investment option
SEC Proposes Rule Changes Affecting Foreign Private Issuers Torys LLP The SEC is proposing several rule changes affecting foreign private issuers. Under U.S. law, a “foreign private issuer” is an issuer that is incorporated or organized outside the United States, as long as no more than 50% of its outstanding voting securities are owned by U.S. residents.	Energy @ Gowlings March, 2008 Gowling Lafleur Henderson LLP Gowlings is pleased to welcome Arnie Olyan as the newest member of our Energy and Infrastructure Team.
The Court Of Appeal Uses The Right To A Healthful Environment In Interpreting A Contract McCarthy Tétrault LLP The right to a healthful environment was acknowledged in the Charter of Human Rights and Freedoms in 2006. At the time, many wondered whether this right would have some real value and effect or be merely symbolic.	The Costs Of Mediation – Who Picks Up The Tab At The End Of The Day? Browne Jacobson A recent Technology and Construction Court (‘TCC’) case has underlined the need for parties to be careful about how they approach the question of costs when planning to mediate.
Business Benefits From Dismissal Of BIA´s Appeal Of Gasplus Bracewell & Giuliani LLP A recent dismissal of an appeal in the District of Columbia Circuit upholds a federal District Court decision narrowly construing legislation designed to encourage companies to enter into business relationships with Indian tribes.	Premier Of Alberta, Ed Stelmach, Announces New Cabinet Borden Ladner Gervais LLP Following the provincial election in Alberta on March 3, 2008, Conservative Premier Ed Stelmach announced his new cabinet yesterday, reorganizing previous portfolios and adding four new ministries.
Apparently You Can Unscramble Eggs Torys LLP In Canada, parties to a notifiable merger transaction are legally entitled to complete the transaction once the statutory waiting period has expired.	How Green Is The New "Green" Budget? CMS Cameron McKenna LLP The Chancellor of the Exchequer, Alistair Darling, delivered his first Budget speech on Wednesday 12 March.
BCE Decisions Increase Commercial Certainty In Canada Torys LLP The Quebec Superior Court recently released five related judgments approving the proposed privatization of BCE Inc. and dismissing various challenges by Bell Canada bondholders. The judgments provide a higher degree of commercial certainty than previously available for company directors, debt issuers and other capital market participants.	Minnesota Changes Taxation Of Nonresidents On Income Earned In Minnesota Dorsey & Whitney LLP Under a bill signed into law by Governor Pawlenty on Friday, March 7, Minnesota has altered its method of taxing former residents of the state who receive various types of deferred compensation for services that were rendered as employees in Minnesota.
Canadian Court Requires Environmental Assessment Panel To Provide Rationale On Greenhouse Gas Impacts Torys LLP On March 5, 2008, the Federal Court of Canada remitted the environmental assessment for Imperial Oil’s proposed Kearl Oil Sands Project (the Project) back to the joint federal/Alberta review panel that had recommended the Project be approved.	European Commission Clears Proposed Acquisition Of Doubleclick By Google CMS Cameron McKenna LLP On 11 March 2008, following a Phase II investigation, the European Commission unconditionally cleared the US$3.1 billion acquisition of the online advertising technology company DoubleClick by Google.
As Time Goes By - Limitation Decision In Solicitors´ Negligence Case Barlow Lyde & Gilbert LLP The Court of Appeal decision in Watkins v Jones Maidment Wilson was handed down on 4 March 2008. The House of Lords in Law Society v Sephton (2006) raised the prospect of claimants having wide scope to litigate stale claims, and Watkins enters the difficult territory of how those principles are to be applied in practice.	Directors And The Law - Doing Your Duty Lawrence Graham LLP: Commerce & Technology Company directors are duty-bound to the companies which employ them – inescapably so. These duties arise automatically out of the very essence of corporate existence under the law. The company can, if it wishes, make them more onerous (under its articles of association), but there is nothing to be done about watering them down. Now, directors’ duties have been put on a statutory footing for the first time.
Fatal Accident Inquiries Under Review CMS Cameron McKenna LLP The legislation governing the operation of fatal accident inquiries (FAIs) in Scotland is to be reviewed for the first time in over 30 years.	Compliance Readiness Essentials – Program, Investigation And Defense Ernst & Young LLP A lively roundtable discussion featuring FIDS executive Jack Holleran focuses on compliance programs, the investigation of compliance violations, and civil and criminal defense.
Improvements In Trial Technology Duane Morris LLP When I first started trying cases more years ago than I would like to admit, displaying exhibits and demonstrative materials for the court and jurors was cumbersome, at times unwieldy, and once in a while ineffective.	Summary Of Canada’s Climate Change Regulatory Framework Announcement (March 10, 2008) Willms & Shier Environmental Lawyers LLP The government intends to stick more or less to its “Turning the Corner” plan released in 2007 – based on reducing “emissions intensity”, rather than absolute emission reductions.
Anticipated Changes To International Financial Reporting Standards Gowling Lafleur Henderson LLP International Financial Reporting Standards (IFRS) issued by the International Accounting Standards Board (IASB) will soon become the basis of financial reporting for public companies in Canada.	Green Highlights of a Brown Budget Eversheds The 2008 Budget has already drawn criticism from the Green lobby who have billed it as a "Brown Budget". Set out below is a look at some of the environmental highlights and how they may affect different sectors. None of the announcements are particularly surprising - many of them have already been 'trailered' in the 2007 Pre Budget Report or are an obvious conclusion to the debate on environmental matters and more particularly climate change issues that has been ongoing over the last yea
The Patents Game: How Strong Is Your Hand? Mathys & Squire Trading Technologies’ patent dispute has brought the issue of protecting intellectual rights to the fore like never before. Paul Cozens looks at the risks behind not taking the right precautions.	Private Health Establishments And Professional Indemnity Insurance Deneys Reitz Inc Most if not all private hospital networks carry professional indemnity insurance.
First Victory For Australian Designer Under The Designs Registration Regime Middletons Prior to 2003, fashion designers could sue copyists of their original designs under copyright law.	Carbon Offsetting - Draft Code Of Best Practice Eversheds There is no doubt that "carbon offsetting" is one of the buzz words of the moment. However, as those of you who have been following the market will be aware it has come under criticism of late with the press focus often being on the less reputable players on the fringes of the market.
Video Surveillance Guidelines Issued By Privacy Commissioners McCarthy Tétrault LLP The Federal, British Columbia and Alberta Privacy Commissioners have jointly issued new Guidelines for the use of video surveillance by private sector organizations.	Court Reiterates Sanctity Of The Procedural Law LEX ORBIS Law does not permit anyone to take advantage of the procedure and delay the justice dispensation mechanism.