Mondaq Most Recent Articles-06 January 2009

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?
Offshore Bonds - Panacea Or Pie In The Sky? Smith & Williamson A look at investment strategies for the non-UK domiciled individual.	Budget Reflections Smith & Williamson With the dust from the 2008 Budget settling, we look behind the headlines, including the repercussions for frequent business visitors to the UK and those who are non-UK domiciled.
Sources Of Law In International Arbitrations 3 Hare Court The decision of the Court of Appeal in C v. D [2007] EWCA Civ 1282 provides a timely reminder of the importance of identifying the sources of law in all international commercial arbitrations.	Alberta Issues New OTC Derivatives Blanket Order Stikeman Elliott LLP On April 11, 2008, the Alberta Securities Commission (ASC) issued Blanket Order 91-503, "Over-The-Counter Derivatives Transactions and Commodity Contracts". BO 91-503 replaced the previous Blanket Order 91-502 with effect from March 31, 2008.
Changes To Advertising Laws Will Bring An End To Hidden Taxes And Charges Clayton Utz Proposed changes to advertising laws will require businesses to specify a prominent "total price" in all advertisements that contain a statement about the price of consumer goods or services.	DOFIs Exemptions Finalised Clayton Utz Exemptions for direct offshore foreign insurers from the requirement to be authorised by APRA have been finalised by the Australian Treasury. Although the details have slightly changed, the general thrust of the exemptions is the same as that proposed in September last year.
APRA Eases Up On Recognition Of Reinsurance Recoverables Clayton Utz Insurers should welcome the latest changes to APRA's package of refinements to the general insurance prudential framework, as they will allow unsecured reinsurance recoverables from non-APRA authorised reinsurers to be recognised.	Does It Still Make Sense To File An Application For Registration Of A Patent In The People´s Republic Of China (And In Other Countries)? Beiten Burkhardt How can a European enterprise protect itself against product piracy in China?
Implications Of The National Greenhouse And Energy Reporting Act 2007 And Australia´s Ratification Of The Kyoto Protocol Gadens Lawyers As you are no doubt aware, the Australian Government ratified the Kyoto Protocol on 3 December 2007, and became a full member at the end of March 2008.	Ohio Molder Moldbuilder´s Lien Laws: How To Protect Your Outstanding Account Receivables Calfee Halter & Griswold LLP One of the best kept secrets in the tooling industry is an Ohio law that grants a lien to molders and moldbuilders for services performed related to dies, molds, patterns and forms.
"Was/Now" Price Reductions Found Misleading - Rules For Advertising Price Reductions Clayton Utz When advertising price reductions, to avoid risks of misleading conduct, businesses should ensure that the goods on sale have actually been offered for sale at the "was" price for a period of at least two months preceding the sale period.	Financial & Tax Planning, Spring 2008 - Darling´s First Budget: The Verdict Smith & Williamson With the dust from the 2008 Budget settling, we look behind the headlines, including the repercussions for frequent business visitors to the UK and those who are non-UK domiciled.
Budget 2008 - HMRC Withdraw The Staff Hire VAT Concession Finers Stephens Innocent From 1 April 2009 the current concessionary VAT arrangements allowing employment businesses to charge VAT solely on the commission element of their supply, rather than on the whole cost to the client of placing the temporary worker (including salaries, NICs, pension contributions and other benefits) will be withdrawn.	Sexual Harassment Of Staff By Colleagues Or Others? Three Strikes And The Business Is Liable ... Finers Stephens Innocent From 6 April 2008 new sex discrimination Regulations have defined further the duty on businesses to protect their staff from sexual harassment.
Asset-Based Lending: Recent Developments Of Importance McMillan LLP Against a backdrop of high growth, competitive pressure, reduced pricing and more aggressive deal structures in the Canadian asset-based lending market, some of the current legal developments in Canada in this area may present both opportunities and challenges for asset-based lenders.	Total Price To Be Stated Prominently In Advertising Under New Bill Clayton Utz Businesses will be required to specify a prominent single price for any goods or services advertised, if the business advertises any amount that would constitutes part of the price.
Derivative Structures - Recent Developments Of Importance McMillan LLP Derivatives take two forms: (i) exchange-traded derivatives, which are traded on recognized exchanges, and (ii) over-the-counter (OTC) derivatives, which are privately negotiated contracts that may be transferred to a third party only under terms agreed to by the parties.	Award Modernisation Process Begins Minter Ellison The Australian Industrial Relations Commission (AIRC) issued a Statement on 29 April 2008, laying down a proposed timeline for the AIRC's award modernisation process.
Competition Bureau Releases Draft Bulletin On Sentencing In Cartel Cases Osler, Hoskin & Harcourt LLP On April 28th, 2008 the Competition Bureau released for public consultation its draft Information Bulletin on sentencing and leniency recommendations in cartel cases.	Communications Law Bulletin, April 2008 Morrison & Foerster LLP April, 2008, brought continuing developments at the Federal Communications Commission (“FCC” or “Commission”), the state commissions, and on Capitol Hill, on issues ranging from net neutrality to the DTV transition to video franchising.
Lender Non-Disturbance Agreements – Pitfalls And Traps Blake, Cassels & Graydon LLP The interplay between leases and mortgages is well settled at common law.	Once In A While, Common Sense Triumphs Over Political Posturing. Hassans It is a relief to see that the UK Government has, in its 2008 budget backed down from implementing some of the draconian measures threatened against those non-domiciles who are tax residents of the UK.
Competition Commission’s Final Report In Groceries Market Investigation CMS Cameron McKenna LLP On 30 April 2008 the Competition Commission (CC) published its final report in its inquiry into UK groceries retailing.	IRS Changes The Rules For Performance-Based Compensation Littler Mendelson Recent changes to the way in which the Internal Revenue Service (IRS) interprets "performance-based compensation" under Internal Revenue Code (IRC) Section 162(m) have narrowed the types of arrangements that may be classified as performance-based and will require publicly-held companies to reexamine these arrangements or jeopardize the financial soundness of current tax and financial planning methodologies.
Commercial Leasing And Ontario’s Limitations Regime Blake, Cassels & Graydon LLP When changes were made to the limitations laws in Ontario in 2002, the legal community debated extensively about when and how the new limitations would apply to commencing an action in respect of existing and future disputes.	Department Of Labor Administrative Law Judge Rules That Sarbanes-Oxley’s Whistleblower Provisions Do Not Apply To Research Analysts Of Privately Held Investment Adviser And Dismisses Suit Goodwin Procter LLP A Department of Labor Administrative Law Judge (the “Court”) rendered an important decision holding that the whistleblower provisions of Section 806 of the Sarbanes-Oxley Act of 2002 (“SOX”) do not apply to the employees of a privately held company providing investment advisory services to mutual funds, absent proof that the mutual funds’ independent trustees or directors were involved in the employment decision at issue.
Greasing Global Palms: Foreign Corruption a Key Regulatory Concern for U.S. Companies Dorsey & Whitney LLP As companies shift work overseas to meet the challenges of globalization, they must also consider regulatory requirements in balancing their employment and business needs.	How To Avoid Little-Noticed Traps In Subleasing Blake, Cassels & Graydon LLP Subleases are far from being a new concept in leasing, but recent cases have highlighted the subtle differences of a sublease from a standard commercial lease.
High Court Refuses Injunction To Stop An Explicit Video Being Shown On Newspaper Website CMS Cameron McKenna LLP This month, the High Court refused to grant an injunction to prevent video footage of Max Mosley, the head of Formula 1 motor-racing, being shown on the News of the World website (Case of Mosley v News Group Newspapers Limited, 9 April 2008).	International Law Protects Small States Liechtenstein Between International Agreements And Pressure Attempts Government of Liechtenstein With the current tax affair in Germany, Liechtenstein is again coming under pressure by large states to modify its financial system.