Mondaq Most Recent Articles-21 November 2008

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?
PRC Regulations On Securities Companies With Foreign Investment Newly Revised Beiten Burkhardt The China Securities Regulatory Commission has revised the Regulations on Formation of Securities Companies with Foreign Investment, and the revised regulations has become effective from 1 January 2008.	The Corporate Manslaughter And Corporate Homicide Act 2007 Glovers Solicitors LLP The Corporate Manslaughter and Corporate Homicide Act ("the Act") came into force on 6 April 2008, creating a new offence of corporate manslaughter.
Keyword Marketing A Concern For Brand Owners. Penningtons Solicitors LLP The recent decision of the High Court in Wilson vs (1) Yahoo! UK Limited and (2) Overture Services Limited [2008] EWHC 361 (Ch) has shed some light on the issue of whether key word marketing is trade mark infringement.	New Case Adopts "Common Sense" Approach To Academic Medical Center Stark Exception Duane Morris LLP On April 8, 2008, the U.S. District Court for the Western District of Kentucky dismissed a multimillion-dollar claim in a whistleblower lawsuit against the University of Louisville Medical School, the Kosair Children's Hospital and several private physicians with medical school faculty appointments.
Bank Charges On Unauthorised Overdrafts To Be Subjected To Fairness Test CMS Cameron McKenna LLP In last Thursday's judgment, Mr Justice Andrew Smith held that, although the defendant banks' standard terms relating to charges are largely in "plain intelligible language", they are not immune from assessment as to fairness under Regulation 6(2) of the Unfair Terms in Consumer Contracts Regulations 1999.	Gov´t Rummaging Through Your Laptop´s Contents? No Problem If You´re Re-Entering USA, Says Ninth Circuit Fenwick & West LLP You've gotten used to being asked to turn on your laptop as you go through airport security so the authorities can confirm it's really a computer and not a bomb.
Ten-Point Corporate Tax Health Check Smith & Williamson Feeling cost conscious? Andrew Wilkes offers some pointers to help manage your tax charge.	ERISA: A New Standard Of Review For Plan Administrators Who Both Evaluate And Pay Claims? Mayer Brown On April 23, 2008, the US Supreme Court heard oral argument in Metlife v. Glenn, No. 06-923, a case that could settle important questions about the standard courts use to review denials of ERISA benefits. We usually publish client alerts after decisions, not arguments, but in this case the argument and issues at stake are important enough to warrant consideration now.
Hard Times? An Assessment Of The M&A Market Smith & Williamson Much has been written about current market conditions, but is the M&A market really dead? Brian Livingston investigates.	Public Interest Defence Reviewed Swan Turton Since it is characterised as a public interest defence, the most important impact of the Reynolds defence is in the area of politics.
Room For Manoeuvre - Managing Your Property Costs Smith & Williamson In uncertain times it pays to make sure you’re getting the most from your property, says Nigel Grice of Drivers Jonas.	Quarterly Cleantech Update: "Evaluation And Ownership Of Carbon Value", First Quarter 2008 Morrison & Foerster LLP The Cleantech practitioners at Morrison & Foerster are delighted to share this Quarterly Cleantech Update.
Risk Management In Uncharted Territory Smith & Williamson Market uncertainty brings risks, but for the well prepared it can open up opportunities, says Stephen Harvey.	Getting The Best From Your Bank Smith & Williamson With banks tightening their belts, Greg Begley explains how to get the financial backing you need.
Business Planning - Fit For Business In Uncertain Times Smith & Williamson Despite an uncertain economic environment, it’s still possible to sow the seeds of future success. Good management and flexibility are key, says Giles Murphy.	Treatment Methods And Their Patentability In Mexico - Overview Becerril Coca & Becerril The exclusion from patentability of treatment methods is not an exclusive topic belonging to a particular legislation, but a generalized topic shared by several legislations around the world.
Forward Thinking: A Briefing For Entrepreneurs And Executives In Commerce And The Professions - Beating The Credit Crunch Smith & Williamson Despite an uncertain economic environment, it’s still possible to sow the seeds of future success. Good management and flexibility are key, says Giles Murphy.	"Sorry" - The implications For Industry Clayton Utz If an appropriate policy approach can be developed and implemented, companies should be able to enhance their community relationships and strengthen their standing in both the Indigenous and broader communities.
Interim And Conservatory Measures In International Arbitration 3 Hare Court Today, the availability of interim and conservatory measures of relief is vital to both the protection of the arbitral process and the enforcement of the final award.	Ninth Circuit To Consider Mandatory Health Insurance Blank Rome LLP In April, the United States Court of Appeals for the Ninth Circuit heard oral argument in Golden Gate Restaurant Association v. City & County of San Francisco, on whether ERISA preempts a San Francisco Ordinance that requires that private employers with more than twenty employees make certain hourly expenditures towards the health care costs of their employees, and sets mandatory levels of health coverage.
Update On Proposed Mandatory Product Recall Law Fasken Martineau Legislation to enact the Canada Consumer Product Safety Act and complementary amendments to the Food and Drugs Act, two key components of Canada’s new Food and Consumer Product Safety Action Plan, was tabled in the House of Commons earlier this month.	Legislation Proposed To Eliminate Employment Taxes On Employer-Provided Cell Phones Littler Mendelson The use of cell phones is a fact of life today. Many employees are provided cell phones or BlackBerries (or similar devices) by their employers, and, until recently, very few employers gave much thought to doing so.
Safeguarding Your Pension Assets Smith & Williamson Changes to the tax regime governing pensions caused a stir for savers with large funds, although the Government did allow two key protection measures. The question now is, if you have not already done so, whether to elect or not to elect?	The Great Divide - An Exploration Of Pensions And Divorce Smith & Williamson A pension is usually one of an individual’s most valuable assets – second only to their home. But in divorce settlements, dividing a pension can be a drawn-out process.
Cash In The Attic - Equity Release Smith & Williamson Older homeowners are increasingly looking to release equity from their property to fund their retirement. But what is the best course of action?	Investment Outlook - April 2008 Smith & Williamson The turmoil in credit markets reached a crescendo in March, with the Fed-orchestrated rescue of Bear Stearns in the USA and shocking losses at UBS in Switzerland.
Bankrolling Biomass Eversheds The past 12 months has seen a huge surge in interest in biomass in the UK, largely driven by the doubling of Renewable Obligation Certificates (ROCs) allocated to qualifying biomass projects. Growth has also been spurred by the appetite of utilities and independent developers for a more diversified portfolio of renewable generating assets and by the need for waste generators to deal with their waste more effectively.	Damages: Calculating Diminution In Value CMS Cameron McKenna LLP The Technology & Construction Court (TCC) has recently considered the issue of how to calculate diminution in value, in the context of a professional negligence claim against a structural engineer.
Cash In On Cash Returns Smith & Williamson With stock markets volatile, cash funds are finding wider appeal. And by going offshore, there are tax benefits too.	EIS - A New Lease Of Life? Smith & Williamson The 2007 Budget led to a decline in EIS and VCT investments. But new incentives and benefits announced in the 2008 Budget look set to build an appetite for EIS.