Mondaq Most Recent Articles-10 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?
McDermott Case: Not So Smooth Sailing Moore Stephens The decision handed down in McDermott Industries (Aus) Pty Ltd v FC of T 2005 ATC 4398 ("McDermott") has created a storm of uncertainties for tax structuring of ship chartering arrangements.	Application Of Margin Scheme To Sale Of Strata Units Rejected Moore Stephens The recent Federal Court decision has produced an unpalatable result which conflicts with the common application of the margin scheme (i.e. it was concluded that developers cannot rely on the margin scheme upon the sale of strata units developed post-1 July 2000 on land which was held pre-1 July 2000).
New Rules For Forward-Looking Information McCarthy Tétrault LLP The securities regulators acknowledge that forward-looking information is of value in many circumstances.	Grin And Bear It: Product Regulations, International Treaties And Trade Agreements Clayton Utz Manufacturers and suppliers need to be aware of the multiple international regimes that affect product safety.
Fair Game – The EHRC Set The Rules Biggart Baillie From 1 October 2007, a new body was created to deal with all aspects of discrimination law in the UK. "The Equality and Human Rights Comission "("EHRC") is effectively an amalgamation of the Commission for Racial Equality ("CRE"), Equal Opportunities Commission ("EOC") and the Disability Rights Commission ("DRC")."	A Nuisance Or A Nonsense? Liability For Products With Greenhouse Emissions Clayton Utz It is unlikely an action in Australia alleging that products which emit greenhouse gases are a public nuisance or defective would be successful at present.
It´s Not Easy Being Green: ACCC Cracks Down On Environmental Claims Clayton Utz The ACCC's new Green marketing and the Trade Practices Act highlight some potential pitfalls for companies making such claims in connection with their products.	US Joins March 31 Talks For New Multilateral Climate Treaty Mayer Brown For the first time since the Kyoto Protocol was negotiated and adopted in the 1990s, the United States will be an active participant with other industrialized nations, together with developing countries such as China, India and Brazil, in talks to implement the "Bali Action Plan" for a new climate accord.
How To Effectively Protect Investments In Unstable Nations: Lessons To Be Learnt From Zimbabwe Clayton Utz Australian companies should carefully structure agreements to protect their investments under a BIT by adopting a structure which will engage the best BIT available.	TUPE Or Not TUPE? Key Issues For Businesses Biggart Baillie The TUPE Regulations (Transfer of Undertakings (Protection of Employment) Regulations) were brought in to protect employees of any business which changes hands and where the services provided by employees of one employer are transferred to another employer.
Beware When Interpreting Restrictive Covenants On Property Titles Middletons In the recent decision of Jessica Estates v Lennard [2007] NSWSC 1175 and 1434 (Jessica Estates Case), the Supreme Court of New South Wales (Supreme Court) considered whether a clause in a local environmental plan enacted under section 28 of the Environmental Planning and Assessment Act 1979 (EPA) rendered a private restriction over a land void.	Predicting The Fit - Statistical Analysis Smith & Williamson When forensic accountants quantify damages they may need to analyse accounting and non-accounting information in order to answer the question: "What has the claimant lost as a result of the defendant’s actions?"
Only Fools Or Liars? Breach Of Warranty Claims Smith & Williamson A corporate financier might say that only a fool or a liar would find themselves on the receiving end of a breach of warranty claim after the sale of a business.	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').