Mondaq Most Recent Articles-21 November 2009

Intellectual Property FAQ on United States brought to you exclusively from Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Questions and answers regarding intellectual property.	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.
Discovery of Data from Backup Tapes: Managing Risks and Shifting Costs Mayer Brown A company is sued by a class of investors. The investors issue a discovery request for a large number of data files that are only tangentially related to their claim.	Corporate Reorganization Not GAARable Borden Ladner Gervais LLP On June 3rd, 2009, the Tax Court found in favour of the taxpayer in "Collins & Aikman Products Co. et al v. The Queen".
Addressing The Economic Downturn Under Existing Transfer Pricing Methods Caplin & Drysdale The period from the early 1980s through mid-2008, during which many transfer pricing methods and their application matured, was one of generally strong profitability for multinational companies.	Canada-EFTA Free Trade Agreement Enters Into Force Fasken Martineau After ten years of on again – off again negotiations, a free trade agreement between Canada and the four countries of the European Free Trade Association (EFTA)—Norway, Switzerland, Iceland, and Liechtenstein—will finally come into force on July 1, 2009.
FTC Issues Report On Authorized Generics Jones Day On June 24, 2009, the Federal Trade Commission issued "Authorized Generics: An Interim Report," which presents the first set of results from a study conducted to examine the short-term and long-term effects of authorized generics on pharmaceutical drug competition.	U.S. Supreme Court Rules That States May Enforce Certain State Banking Laws Against National Banks Through Judicial Enforcement Actions Goodwin Procter LLP The U.S. Supreme Court ruled that a state may enforce certain of its banking laws against national banks through judicial enforcement proceedings, but not through non-judicial requests for information.
Estate Tax Legislation In 2009: Avoiding The Train Wreck Caplin & Drysdale When Congress enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), 2010 seemed like a time in the distant future.	Guernsey – Leader Of The Cell Company Pack GuernseyFinance Since writing in the inaugural cell company handbook this time last year a lot of water has passed under our bridge. Out of the global economic crisis has come an increased focus on so-called ‘tax havens’ or ‘offshore’ financial centres.
House Passes Comprehensive Clean Energy And Climate Change Bill Faegre & Benson LLP The House of Representatives on June 26 passed a massive bill aimed at improving U.S. energy independence and curbing domestic greenhouse gas emissions.	Ontario Divisional Court Overturns Refusal To Certify Franchise Class Action In Quizno´s Case Stikeman Elliott LLP In a 2-1 decision released April 27, 2009, the Ontario Divisional Court allowed an appeal from the dismissal of a class certification motion and conditionally certified a class of present and former Canadian franchisees of the Quizno's quick-service restaurant chain.
The States Refer Their Powers... Or Do They? Cooper Grace Ward On 27 May 2009 the Federal Government introduced the Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 to the House of Representatives.	Monster Energy Update Hunt & Hunt Hansen Beverage Company, the purveyor of Monster Energy, the second biggest selling energy drink in the world, did not have to prove their reputation in Australia was strong enough to found an action in passing off in order to stop Bickfords (Australia) Pty Ltd from hijacking their brand in this country.
Commodities Bulletin - June 2009 Holman Fenwick Willan LLP In KG Bominflot Bunkergesellschaft mbh & Co KG v Petroplus Marketing AG (“The Mercini Lady”) (22 May 2009) the High Court has again considered “final and binding” clauses in the context of an FOB sale contract.	New Connecticut Law Requires Retail Establishments To Offer Employee Restrooms To Customers With Medical Conditions Littler Mendelson Effective October 1, 2009, retail establishments in Connecticut will be required to allow customers with eligible medical conditions access to employee-only restrooms, provided certain conditions are met.
New Personal Data Guardianship Code Published CMS Cameron McKenna LLP In response to the number of high profile data security breaches in recent years, the Information Security Awareness Forum (ISAF) and the British Computer Society (BCS) have jointly launched the Personal Data Guardianship Code ("Code"), following a two year consultation.	Corporate Update - July 2009 Gadens Lawyers ASIC recently announced a number of measures to make it easier for listed companies and managed investment schemes to raise capital.
Major Reforms To NSW Planning Laws Commence Today, 1 July 2009! Gadens Lawyers After nearly two years of political wrangling and grandstanding, and amid ambitious talk of creating “the best planning system in Australia”, 1 July 2009 sees the commencement of arguably the most significant round of NSW planning system reforms in decades.	Overhaul Of NSW Contaminated Land Regime Takes Effect DLA Phillips Fox Significant changes to the Contaminated Land Management Act 1997 (NSW) come into effect today.
Investment In Energy-From-Waste (EFW) Rosenblatt Solicitors Energy-from-Waste will make an important contribution to the UK's renewable energy programme and is expected to generate substantial investment opportunities.	Recent Provincial Initiatives In Support Of Venture Capital In Canada McCarthy Tétrault LLP Venture capital in Canada has faced significant funding challenges in recent years. The downturn in the global economy — together with the credit crisis, volatile capital markets, and a dearth of initial public offerings — has further exacerbated the problem.
IFRS Early Adoption Exemption Application — Rationale, Requirements And Process McCarthy Tétrault LLP In an earlier issue, we reported on the Canadian Securities Administrators’ Staff Notice 52-320 Disclosure of Expected Changes in Accounting Policies Relating to Changeover to International Financial Reporting Standards — to provide our readers advance notice of the mandatory transition of financial reporting standards applicable to Canadian publicly accountable enterprises from Canadian generally accepted accounting principles (Canadian GAAP) to International Financial Reporting Standards.	IFRS Early Adoption Exemption Application — Rationale, Requirements And Process McCarthy Tétrault LLP In an earlier issue, we reported on the Canadian Securities Administrators’ Staff Notice 52-320 Disclosure of Expected Changes in Accounting Policies Relating to Changeover to International Financial Reporting Standards — to provide our readers advance notice of the mandatory transition of financial reporting standards applicable to Canadian publicly accountable enterprises from Canadian generally accepted accounting principles (Canadian GAAP) to International Financial Reporting Standards.
D&O Insurance In Germany - The New Legislation Arrives Taylor Wessing Unlike in many jurisdictions, directors' and officers' liability insurance is not compulsory under German law. Nevertheless, D&O coverage is expected as a matter of good practice, as set out in the German "Corporate Governance Kodex."	A Compilation Of Enforcement And Non-Enforcement Actions - June 2009 Foley & Lardner The Obama administration, through the U.S. Department of the Treasury (Treasury), recently released a white paper entitled, “Financial Regulatory Reform.”
‘Say On Pay’ — Coming To A Shareholders’ Meeting Near You? McCarthy Tétrault LLP With current economic conditions and reports of executive compensation in the media, measures addressing executive compensation issues are drawing increasing attention.	Executive Compensation Disclosure Issues In Tumultuous Times McCarthy Tétrault LLP Canadian public companies are facing unprecedented financial and market conditions and business challenges, and this fact has been reflected in outcomes under 2008’s compensation plans.
Enterprise For Entrepreneurs, Growth Businesses And Their Advisers, Summer 2009 Smith & Williamson With finance tight for many businesses, this issue takes an indepth look at funding and how to get the best from your bank. Plus, a round-up of news and views aimed at helping busy entrepreneurs improve their business performance.	Conventions On Third Party Damage Move A Step Closer Barlow Lyde & Gilbert LLP Between 20 April and 2 May 2009, 81 states attended an ICAO diplomatic conference in Montreal to agree terms of long-awaited replacements for the Rome Convention on surface damage.
Rigby v. Iberia 17 April 2009 - Extraordinary Circumstances Under EU (Denied Boarding) Regulation (EC No 261/2004). Barlow Lyde & Gilbert LLP In a recent first instance decision, the West London County Court has ruled on the rights of and remedies available to passengers following cancellation and delay of separate scheduled passenger flights due to wildcat strike action at Barcelona airport.	Financial Reporting A Briefing For Finance Directors, July 2009 Smith & Williamson The response to the global economic crisis has been wide ranging, including from those responsible for setting accounting standards. We look at developments in international and UK accounting standards, and focus on some of the accounting consequences of the turmoil in financial markets.