Mondaq Most Recent Articles-12 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?
What´s In A Name? Branding Using Given Names And Surnames Hunt & Hunt Some of the world's biggest brands are not invented words but are built around surnames and given names, often of their founders. There are McDonald's, Ford, Tiffany's, Yves St Laurent, Gucci, Louis Vuitton, Moet Hennessey, Chanel and Ferrari, just to name a few.	California Developer School Fees Increase By Almost 13 Percent Goodwin Procter LLP Although California land prices have declined over the past 12-18 months, development costs have been steadily rising.
California Supreme Court: Medicinal Marijuana Prescription Won´t Protect Your Job Sedgwick Detert Moran & Arnold The California Supreme Court in Ross v. Ragingwire Telecommunications, Inc. has held that an employee fired for his use of medicinal marijuana cannot sue his former employer for disability discrimination or wrongful termination under California law.	REACH - New Regulatory System For Chemicals Shoosmiths REACH stands for Registration, Evaluation, Authorisation and Restriction of Chemical Substances
The Prepared Office Landlord: Ameliorating Costs In A Cyclical Business Buchalter Nemer Despite the recent economic downturn, landlords continue to lease office space and tenants continue to enter into new leases.	Keeping The Money: Strategies For Protecting Against Preference Liability Buchalter Nemer Creditors doing business with entities they suspect are on the verge of filing for bankruptcy protection need to be aware that they may be required to return the payments received from that entity within the 90 days preceding a bankruptcy filing.
Recent Developments In SEC Form 10-K Reviews Goodwin Procter LLP At the NAREIT Law and Accounting Conference on March 20, 2008, Karen Garnett, Assistant Director in the SEC’s Division of Corporate Finance, announced that the staff at the SEC (the "Staff") has begun to issue comments requiring real estate companies to provide detailed descriptions of material properties and disclose property operating data in their Form 10-Ks.	Protecting Yourself In Staff Reductions Buchalter Nemer In good times, companies tend to hire employees with abandon. With business on the rise, individual employee performance problems become less important than having a sufficient number of employees to handle the increasing workload.
Proposed Launch Date For Trading Of CO2e Futures In Canada Stikeman Elliott LLP The Montreal Climate Exchange recently announced that, subject to regulatory approval, on May 30, 2008 it plans to launch trading of its first environmental product, namely futures contracts on Canada carbon dioxide equivalent units.	B.C.´S Green Plan Combines Carbon Trading And Carbon Tax Stikeman Elliott LLP In November 2007, the British Columbia Legislature enacted initial legislation respecting the reduction of greenhouse gas emissions.
The New Wave Of Hospital Bankruptcies Buchalter Nemer In 2002, the collapse of National Century Financial Enterprises, one of the nation’s largest healthcare lenders, suddenly left dozens of hospitals without financing and touched off a wave of hospital bankruptcies throughout the country.	CCS A Cornerstone Of Alberta´s Climate Strategy Stikeman Elliott LLP The Alberta government recently announced an updated climate change strategy in its January 2008 policy document, entitled "Alberta's 2008 Climate Strategy: Responsibility/Leadership/Action".
Canada Moves Forward On Domestic Emissions Trading Market Stikeman Elliott LLP On March 10, 2008, the Government of Canada released much anticipated details of its Regulatory Framework for Industrial Greenhouse Gas Emissions, part of its Turning the Corner climate change plan first announced in April 2007.	Brokers´ Report - Recent IDA Cases Borden Ladner Gervais LLP On November 13, 2007, the IDA Ontario District Council released its decision with regard to Andy Hyon Chul Kim who, in contravention of the IDA Bylaws, engaged in business conduct or practice unbecoming by investing in a private placement without disclosing his occupation.
"Competition Act" Class Action Fails Certification Test Stikeman Elliott LLP Stikeman Elliott is counsel to a group of defendants in a very recent proposed class action decision in Ontario in which certification was dismissed, adopting earlier court approaches in applying the test for certification where competition law violations are alleged.	Subprime Accounting And Disclosure Issues Draw Scrutiny Crowe Chizek and Company LLC In today’s rapidly shifting market, financial institutions, investors, and legal and financial advisers need to be aware of the financial issues related to subprime lending and mortgage-backed securities.
The Use Of Isle Of Man Companies, Trusts, And Partnerships In Real Estate Investment Cains Recent developments mean that the Isle of Man is able to offer an unrivalled package to tax and property advisors looking for the best possible option for their real estate clients.	Mortgage Crisis Fallout Continues: Bankers’ Executive Pay And Insider Stock Sales Under Congressional Microscope Blank Rome LLP As the U.S. mortgage crisis continues with record rates of home loans entering the foreclosure process—the Mortgage Bankers Association reported a new high of 0.83 percent on March 6—executive pay at several of the top Wall Street firms is being closely examined on Capitol Hill.
Supreme Court Decision Makes It More Difficult To Sue Medical Device Manufacturers Blank Rome LLP In an 8–1 ruling in favor of Medtronic, the Supreme Court decided on February 20, 2008, that most state lawsuits are preempted by the federal government’s regulatory scheme.	Proposed Insurance Law Reforms: Insurable Interest CMS Cameron McKenna LLP The Law Commission and Scottish Law Commission have invited responses to their proposals for the reform of the law of insurable interest by 11 April 2008.
Arbitration: Confidential And Private? CMS Cameron McKenna LLP In a judgment that undertakes an in depth analysis of the law on the confidential and private nature of arbitration, the Court of Appeal has extended an exception to the general principle of confidentiality in arbitration by concluding that disclosure of arbitration materials in the interests of justice is not limited to the interests of justice in England.	Planning Gain – The Future? Biggart Baillie The whole topic of "planning gain" (in the widest sense) has been somewhat confused recently. While it has been recognised that there are issues to be addressed the doubts over whether or not we were to have a Planning Gain Supplement or not has caused a lack of clarity and certainty.
Ontario Superior Court Finds Royalty Rights End When Patent Rights In A Jurisdiction Expire Stikeman Elliott LLP In “Lauren International, Inc. v. Reichert”, the Ontario Superior Court was asked to interpret the terms of a 1989 Agreement (the Agreement) to determine whether a licensee was obligated to make royalty payments for sales of products in jurisdictions in which the relevant patent rights had expired.	Federal Court Upholds Commissioner´s Interpretation Of "Clerical Error" Stikeman Elliott LLP In “Dow Chemical Company v. Canada” (Attorney General) [2007 FC 1236], the Federal Court considered the meaning of a "clerical error" that may be rectified under section 8 of the “Patent Act” (the Act).
Lessons From Recent Summary Cancellation Proceedings Stikeman Elliott LLP A recent decision of the Registrar of Trade-marks in a section 45 (summary cancellation) proceeding offers a warning to trade-mark owners to exercise caution when embarking upon modifications to a registered trade-mark, or when using that registered trade-mark in association with other words or images.	Topical Tax Issues For RSLs Smith & Williamson Trudi Amy helps clarify the ‘grey areas’ created by the new draft guidelines for affordable housing. She also advises housing associations to undertake a review of all intra group transactions.
Bonus Levels In The Housing Association Sector Smith & Williamson Historically, bonus payments have been rare in the housing sector, says Karl Ellis. But they are becoming more common, as a recent salary survey of the sector shows.	The Importance Of The Business Plan Model Smith & Williamson It’s an interesting time for RSLs to be seeking additional finance. Finance directors need to make sure their business planning tools are robust enough in these uncertain times, says Jonathan Pryor.
Copyright Board Inspects ‘Originality’ LEX ORBIS Copyright Act, 1957 is the umbrella legislation relating to copyright. The term ‘copyright’ under the statute means the exclusive right to do or authorize the reproduction, issuing copies, communication to the public, translation and adaption of a ‘work’ or a substantial part of it in which copyright subsists.	IFRS - What’s All The Fuss About? Smith & Williamson What are the implications of IFRS for the finance directors of RSLs? Jonathan Pryor gives an update.