Mondaq Most Recent Articles-24 July 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?
SORP 2008 Smith & Williamson The SORP 2008 has now been issued. Jo Brewer discusses it in light of the contentious changes made to shared ownership accounting.	RSL Issues - A Briefing For Registered Social Landlords Smith & Williamson In this edition of RSL issues, we examine how recent changes to reporting standards and accounting practices affect the RSL sector. We also look at the business plan model, and compare bonus levels in housing associations with other sectors.
Internet Jurisdiction In The Global Age: Desjean v. Intermix and the Adaptation of the Real and Substantial Connection Test* McCarthy Tétrault LLP The last decade has witnessed two important developments that are quickly reshaping Canadian society. On the one hand, the Internet revolution has changed the way that we access information, communicate with one another, and trade goods and services throughout the world.	SEC Staff Extends Use Of Simplified Estimates Of "Expected Term" For Certain Stock-Option Grants Miller & Martin Acting in response to growing evidence that adequate empirical data for estimating the expected term of stock options would not be timely available for valuation purposes, the Securities & Exchange Commission’s Office of the Chief Accountant of Corporation Finance has extended beyond year-end the benefit of its previously announced simplified method for estimating the term of certain options.
A New Year, A New Government And More Tax Changes Moore Stephens Following the election of the Rudd Labor Government, the focus now turns to tax changes under the new regime.	"Supriya Prabhu v. Janus Remedies" Explores Equity In A Trademark Dispute LEX ORBIS The Law of Equity bars a person from bringing an action arising out of his own misconduct on the basis of the maxim- “ex turpi causa non- oritur actio”. The case of Supriya Prabhu v. Janus Remedies 2008 (36) PTC 139 (Bom) is an illustration on the point.
NLRB Refuses To Adopt An Exclusionary Rule Where An Employer Illegally Videotapes Misconduct Miller & Martin When an employer has a collective bargaining obligation with a Union, it may not unilaterally change a term and condition of employment without bargaining with the Union unless the Union has expressly waived its right to bargain about the particular subject.	Recovering Your Losses Moore Stephens When an Administrator is appointed, it is imperative that the supplier acts quickly in order to obtain payment in priority to what may be a long list of creditors.
Provisional Sums: Closing A Loop Hole Gadens Lawyers Potential problems can arise in relation to provisional sums clauses in commonly used Standards Australia construction contracts such as AS4000, AS4300 and AS4902. Principals must be careful to amend contracts to reduce their risks.	Copyright Infringement In Playing Television Channel LEX ORBIS The concept of "Communication to Public" is central to Copyright and a subject of intellectual property protection. The question as to what constitutes communication to public depends on the particular act of communication.
FBT Strategies For 2008 Moore Stephens As the Fringe Benefits Tax (“FBT”) year end approaches, some subtle legislative changes are changing employee benefits practices.	Trade Alert: WTO Challenge To China’s Intellectual Property Protection Regime McCarthy Tétrault LLP On September 25, 2007, the Dispute Settlement Body of the World Trade Organization (WTO) established a panel to review China's measures concerning the protection and enforcement of intellectual property rights, including trademarks and copyright.
Privacy: You Don’t Know What You Got Until It´s Gone Duane Morris LLP Your personally identifiable information includes your name, birth date, Social Security number, address, telephone number, email address, credit card numbers, financial account numbers, medical details, and the list goes on and on.	Acquiring Intangible Assets Moore Stephens The purchase price of an operating business is usually attributable to net tangible assets and intangible assets, such as customer relationships or a brand name. Intangible assets may comprise a sizable portion of the total assets acquired.
Registration Reform Round Two: Key Features For Investment Fund Managers, Foreign Funds And Private Equity Funds Stikeman Elliott LLP On February 29, 2008, the Canadian Securities Administrators published their revised proposals relating to national registration requirements for dealers, advisers and investment fund managers.	Capital Markets 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.
Withholding Tax On Distributions To Foreign Investors - Labor´s Promise Halved . . . Moore Stephens In a speech by Wayne Swan (the then Opposition Treasurer) on 3 April 2007 and in Kevin Rudd’s Address in Reply to the Budget in May 2007, Labor committed itself to halve the current 30% withholding tax on distributions from Australian managed investment trusts to foreign investors to 15%.	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.