Mondaq Most Recent Articles-06 September 2008

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.	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.
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?
Data Theft - An Inside Job Smith & Williamson As more and more businesses rely on technology for essential processes, it is no longer enough for them to think only in terms of controlling access to physical documents.	SWift - News And Views For Lawyers And Solicitors - Just One Click Smith & Williamson In recent years, employers have become increasingly vulnerable to resentful employees misusing or stealing electronic data.
Trends In Terms Of Venture Financings In The San Francisco Bay Area (Fourth Quarter 2007) Fenwick & West LLP Background – We analyzed the terms of venture financings for 103 companies headquartered in the San Francisco Bay Area that reported raising money in the fourth quarter of 2007.	Understanding Testamentary Trusts Madgwicks Trusts have been known to lawyers for centuries, they have been around since before the reign of King Henry VIII.
Keeping Class Definition On The Radar Screen: Mawhood V. Aeroports De Montreal And The Pragmatic Approach To Class Definition McCarthy Tétrault LLP When an indeterminate class is proposed for certification, does the motions judge have to redefine that class for the representative?	The Supreme Court Of Canada Hears For The First Time A Class Action Suit In An Environmental Matter Originating From Quebec McCarthy Tétrault LLP On May 3, 2007, the Supreme Court of Canada (SCC) agreed to hear an appeal in Ciment St-Laurent inc. v. Barrette (St. Lawrence Cement).
Capital Markets Up-Date Middletons The Australian Stock Exchange (ASX) has been reviewing its Listing Rules (LR) and has released three consultation papers setting out the proposed changes to its rules.	Federal District Court Rules That A Joint Bidding Arrangement By Private Equity Funds Did Not Violate Antitrust Laws Powell Goldstein LLP On February 21, 2008, the U.S. District Court for the Western District of Washington ruled that a joint bidding arrangement between competing private equity funds in a contest for corporate control did not violate the Sherman Act.
Executive Compensation: Say-On-Pay Votes McCarthy Tétrault LLP A say-on-pay vote or an advisory shareholder vote is a non-binding resolution at an annual meeting of shareholders that allows shareholders to comment upon executive compensation, either positively or negatively.	APEC Data Privacy Pathfinder Minter Ellison The APEC Data Privacy Pathfinder (Pathfinder) was formally endorsed by APEC members when they met in Sydney last year.
Update On ALRC Report Minter Ellison As we reported in the November 2007 edition of the Privacy Update, submissions in response to the Australian Law Reform Commission's 'Review of Privacy' closed on 7 December 2007.	Proving Your Insurance Claim Ernst & Young LLP The catastrophic losses resulting from the terrorist attacks of 9/11 and Hurricane Katrina highlighted many of the issues that face policyholders in the wake of a disaster.
Environmental Assessments And Greenhouse Gas Emissions Blake, Cassels & Graydon LLP In what can only be interpreted as a wake-up call to companies involved in projects that may emit significant greenhouse gas emissions, on March 5, 2008, the Federal Court released its judgment involving the Kearl Oil Sands (Kearl Project).	Recent Decisions Of And Latest News From The Office Of The Privacy Commissioner Minter Ellison This article summarises three recent cases that came before the Privacy Commissioner late last year and recent news from the Office of Privacy Commissioner.
Ontario Securities Commission Seeks Improved Environmental Disclosure Blake, Cassels & Graydon LLP A recent OSC Staff Notice reported that the disclosure relating to known and contingent environmental liabilities in the continuous disclosure documents of many reporting issuers does not fully satisfy applicable disclosure requirements.	Partnering With Japanese Pharmaceutical Companies Morrison & Foerster LLP For those of you who were unable to attend the seminar or if you'd like to review the content, the webcast is now available.
Intellectual Property News Minter Ellison The Federal Court has dismissed three actions brought by two parties regarding the trade mark INNER HEALTH PLUS registered by Health World Limited ('Health World') and the trade mark HealthPlus registered by Shin-Shun Australia ('Shin-Shun').	Can Use Of A Company Name Be Trade Mark Infringement? Stephenson Harwood In Céline SARL v Céline SA, the European Court of Justice (“ECJ”) considered a reference from the French Court of Appeal in relation to use of a term as a company name and whether it could amount to trade mark infringement.
When Is Trade Mark Use ‘Genuine’? Stephenson Harwood The recent judgment of the Court of First Instance (CFI) in La Mer Technology Inc v the Office for Harmonization in the Internal Market (OHIM) examines in considerable detail the issue of what use amounts to sufficient proof of ‘genuine use’ of an earlier trade mark for the purposes of being able to rely on that mark to oppose a third party’s Community trade mark application.	EEOC Issues Guidance On Employment Of Veterans With Service-Related Disabilities Bracewell & Giuliani LLP On February 29, 2008, the Equal Employment Opportunity Commission (EEOC) issued two question-and-answer guides – one for employers and one for veterans – on workplace issues affecting veterans with service-connected disabilities.
Section 11 Orders Unfair Davies Ward Phillips & Vineberg Industry Minister Jim Prentice's probe into the Competition Bureau's use of Section 11 orders in its investigation of the Labatt/Lakeport merger provides a welcome opportunity for the Bureau to restore a greater degree of balance and fairness to its investigations.	Maintaining The Status Quo - Record Royalties: Protecting And ClaimingYour Share 11 Stone Buildings In the sixties and seventies bands were formed with much less formality than they are these days. Recording royalties were a major source of income and bands with proven success commanded large advances and increasingly generous royalty shares.
‘Quality Of Life’ Major Factor In Attracting New Business Isle of Man Finance What makes the Isle of Man so special a place to work? Low tax, quality services and space to expand?	UK GAAP - Distributable Profits Smith & Williamson UK legislation only permits companies to pay dividends out of profits available for distribution, i.e. those that are realised profits, in accordance with generally accepted accounting principles.
UK GAAP - Companies Act 2006 Update Smith & Williamson As discussed in previous Financial Reporting newsletters, while the Companies Act 2006 (the Act) received Royal Assent on 8 November 2006, many of its provisions are yet to be enacted.	Financial Reporting - IFRS Proposed Amendments To IFRS 2 And IFRIC 11 Smith & Williamson Guidance has been published which aims to clarify how the existing requirements of IFRIC 11 and IFRS 2 should be applied in certain circumstances.
Brewing Up A Storm: Canada’s Competition Bureau Loses – Twice Davies Ward Phillips & Vineberg January 2008 was not a great month for Canada’s Competition Bureau. It suffered two stinging setbacks in decisions issued by the Federal Court of Canada, both relating to the Bureau’s review of Labatt’s acquisition of another Canadian beer company, Lakeport Brewing.	FRB Issues Opinion Letter To Investment Adviser Seeking To Have Affiliated Funds Invest In Up To 15% Of Voting Stock Of Banking Organization Goodwin Procter LLP The FRB issued an opinion letter to a registered investment adviser (the "Applicant"), advising that it may acquire through a variety of customer accounts and investment funds (together, the "Investors") up to fifteen percent of any class of voting securities of a bank holding company or bank (each, a "Banking Organization") without being deemed to have acquired "control" of the Banking Organization under the Bank Holding Company Act ("BHC Act"), the Change in Bank Control Act ("CIBC Act"), or t
Revision Of Law On Foundations – Main Contents Of The Government Bill Report And Application No. 13/2008 Allgemeines Treuunternehmen On 19 February 2008 the Report and Application by the Government concerning the total revision of the law on foundations was approved by the Government and adopted by the Parliament of the Principality of Liechtenstein.	Financial Reporting - IFRS First-Time Adoption – The Impact On Aim Interim Reports Smith & Williamson Aim Rule 18 sets out what Aim companies must include in their interim reports. In addition, the newly updated Accounting Standards Board’s (ASB) statement on ‘Half Yearly Financial Reports’ and IAS 34 ‘Interim Financial Reporting’ both provide best practice guidance as to additional disclosures.