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? |
Sub Prime And Testing Times In Real Estate
Stuarts Walker Hersant Attorneys-at-law
The current crisis in mortgage backed securities affects everyone, including the financial and real estate markets of the Cayman Islands. |
Climate Change Bill Raises Carbon Profile
Eversheds
Carbon emissions will assume an even higher profile once the
Climate Change Bill becomes law and the Carbon Reduction
Commitment (CRC) is introduced. |
Exclusion Clauses Re-Examined - Regus (UK) Ltd v Epcot Solutions Ltd
Kemp Little LLP
The recent Court of Appeal decision in Regus (UK) Ltd v
Epcot Solutions Ltd considered the enforceability of an
exclusion clause which purported to exclude liability for
financial losses in a supplier's standard terms of
business. |
Employee Benefit Trusts In Guernsey
GuernseyFinance
Staff at all levels expect to be rewarded for their contribution to a business’s success, both currently and in the future. |
Intellectual Property In Guernsey
GuernseyFinance
Guernsey has reformed its Intellectual Property laws and produced a set of legislation that establishes the Island as a leading offshore jurisdiction for the development and exploitation of Intellectual Property Rights. |
Family Office Services In Guernsey
GuernseyFinance
Guernsey’s finance industry has such a depth and breadth that it is well placed to provide – at high quality – the widest scope of Family Office services. |
Private Trust Companies In Guernsey
GuernseyFinance
The new Guernsey Trusts Law makes several amendments to the Island’s fiduciary environment, with not only the introduction of Purpose Trusts but also the abolition of the personal liability of directors in Private Trust Companies as a way of encouraging greater use of such entities. |
DE Court Of Chancery Compels Production Of Attorney-Client Communications In Backdating Case
Saul Ewing LLP
Ryan v. Gifford, is a
derivative action pending in the Delaware Court of Chancery
arising from admitted stock option backdating that occurred at
Maxim Integrated Products Inc. |
Leading Private Equity Figure Endorses Guernsey
GuernseyFinance
Guernsey is a great place to do business according to Jon Moulton, the Founder and Managing Partner of Alchemy Partners. |
Amendments To The Electronic Transaction Act Promote E-Commerce Transactions
Mayer Brown
Thailand has amended its Electronic Transaction Act BE 2544 (2001) ("Original Act") to further strengthen and promote e-commerce transactions in the country.
The amended Act, Electronic Transaction Act (No.2) BE 2551 (2008) ("Amended Act"), was published in the Government Gazette on 13 February 2008, and took effect on 14 February 2008.
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Corporate And Financial Weekly Digest - May 2, 2008
Katten Muchin Rosenman LLP
On April 22, the United States District Court for the Southern District of Texas ruled that Apache Corporation could, pursuant to Rule 14a-8 of the Securities Exchange Act of 1934, reject the inclusion in its proxy statement of a shareholder
proposal prohibiting the company from discriminating on the
basis of sexual orientation or gender identity. |
USPTO Initiates First Action Interview Pilot Program
Katten Muchin Rosenman LLP
Currently the examination of U.S. patent applications
begins, on average, 25 months after filing. |
Immigration Alert: USCIS Runs Random Selection Process For FY2009 H-1B Petitions
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 14th, United States Citizenship and Immigration
Service conducted the computer-generated random
selection process on H-1B petitions received within the first
five business days of April, and has subsequently released
tentative timelines for the next stages of the FY2009
cap-subject H-1B process. |
Employment Alert: Bill Mandating Treble Damages In Wage And Hour Disputes Becomes Law
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 14, the Massachusetts Legislature passed a law
(Senate Bill 1059) imposing mandatory treble damages on
employers who violate the Massachusetts Wage and Hour Law,
M.G.L. c. 149 ß 148. |
Intellectual Property News
Minter Ellison
The Full Federal Court has dismissed an appeal by Metricon
Homes Pty Ltd against a first instance
finding that Metricon had infringed the copyright of Barrett
Property Group Pty Ltd by reproducing a
substantial part of Barrett's 'Seattle' plan
without license or authorisation. |
Housing Advisory: SJC Issues Two Decisions Concerning When To Count To 10% Under Chapter 40B
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Chapter 40B says that once a municipality is deemed by the
Department of Housing and Community Development to have
10% or more of its overall housing stock comprised of
"countable" subsidized housing, the city or town may
then deny a new comprehensive permit application without
fearing a developer appeal. |
The Rise Of Performance Fees
Minter Ellison
The increasing pressure on fund managers to perform, along
with the ability of performance fees to align the interests of
investors and fund managers, has lead to an increase in the use
of performance fees across a wide variety of managed funds. |
´Ad Hoc´ Arbitral Awards Made In Hong Kong Enforceable In The Mainland
Mallesons Stephen Jaques
The Supreme People's Court has confirmed that ad
hoc' arbitral awards made in Hong Kong are enforceable in
mainland China. |
Subprime Advisory: Subprime Lender Enjoined From Foreclosing On Mortgage Collateral
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
In a decision widely characterized as both
"important" and "unprecedented," on
February 28, 2008, a Massachusetts Superior Court judge
enjoined a subprime lender, Fremont Investment & Loan of
California ("Fremont"), from foreclosing on many of
its mortgages with Massachusetts subprime borrowers without the
express prior approval of the Attorney General. |
Liquidation Of Foreign Invested Enterprises In China
Beiten Burkhardt
On 15 January 2008, the State Council has issued
Decree 516 abolishing the Liquidation Regulations and stating
as the reason for issuance of Decree 516 the promulgation of
the PRC Company Law on 27 October 2005, which
became effective on 1 January 2006. |
Reporting Gifts, Entertainment And Other Payments To Union Officers Or Employees
Mayer Brown
The Department of Labor (the “DOL”) maintains
an “advisory” and a set of Frequently Asked
Questions (“FAQ”) 1 on an employer’s duty to
report gifts and other payments to any labor
organization or its officers, employees, or
representatives. |
Antitrust Advisory: FTC´s Rambus Decision Concerning Patent Holder´s Behavior In Standard-Setting Process
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 22, 2008, the U.S. Court of Appeals for the D.C.
Circuit reversed and remanded an earlier ruling of the Federal
Trade Commission in "In re Rambus,
Inc". |
Privacy And Security Advisory: Proposed Amendments May Expand Protection Of Consumer Financial Information In The Securities Industry
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On March 4, 2008, the Securities and Exchange Commission
(SEC or the "Commission") proposed amendments to
Regulation S-P, which governs the privacy of consumer financial
information in the securities industry, in an effort to prevent
and address information security breaches in the industry and
better protect investor information. |
Multinational And Non-US Companies Need to Address Compliance With US Code Section 409A
Mayer Brown
We recently distributed a client alert relating to the
January 1, 2009, deadline for compliance with the final
regulations issued under Section 409A of the US Internal
Revenue Code (the "Code"), governing nonqualified
deferred compensation arrangements. |
Investing In The Energy Sector In India — Protecting Intellectual Property In An Uncertain World
Mayer Brown
India's rapid industrialization and increased role in
the global economy continues to substantially increase its
demand for energy. As a result, business and investment
activity in India's energy sector is substantially growing
as well. |
Canadian Tax Authority Loses In Tax Court Case Concerning The "Beneficial Owner" Of Dividends Paid By A Canadian Subsidiary Of A Netherlands Holding Company
Blake, Cassels & Graydon LLP
On April 22, 2008, the Honourable Gerald J. Rip, Associate
Chief Justice of the Tax Court of Canada, released his decision
in the case of Prévost Car Inc. v. The Queen |
British Columbia Court Of Appeal Limits Class Actions In Respect Of Statutorily Conferred Employment Standards Benefits
Blake, Cassels & Graydon LLP
The Court of Appeal for British Columbia has confirmed that the jurisdiction to enforce the British Columbia Employment Standards Act resides exclusively with the British Columbia subject to appeals to the British Columbia Employment Tribunal. |
Accountants Liability Update
Fishburns
In this edition of our Accountants' Liability Update we
look ahead a few months to April 2008 when auditors will be
allowed to limit their potential liability to audit clients and
we consider the affect of this for auditors, third parties and
professional indemnity insurers. |
California Shelves Proposal To Require Pooled Investment Vehicle Managers To Register As Investment
Bingham McCutchen
On May 1, 2008, the California Department of Corporations
("the Department") announced that it is abandoning
for the time being a proposal to require certain California
investment advisers to register with the Department. |
FINRA Issues Regulatory Notices On Foreign Research Analysts, Third-Party Research Reports And Unauthorized Proprietary Trading
Bingham McCutchen
FINRA recently issued three Regulatory Notices addressing:
(1) the rules governing exemptions from the research analyst
qualification examination for foreign research analysts; (2)
the rules governing member firm disclosure and supervisory
review obligations for third-party research reports; and (3)
sound practices to prevent and detect unauthorized proprietary
trading. |