http://www.mondaq.com Mondaq Business Briefing provides global coverage of all legal analysis from reputable firms, en-us Copyright 2010 Mondaq.com 60 http://www.mondaq.com/article.asp?articleid=93104&rss=0 In last year’s study, we noted that securities class actions were on the rise in Canada and suggested that this new wave of filings is a reflection of the fact that class counsel seem prepared to test the new provisions of the provincial Securities Acts relating to secondary market liability. 19 Mar 2010 02:16:44 GMT http://www.mondaq.com/article.asp?articleid=94132&rss=0 The Securities and Exchange Commission (SEC) settled with 205 defendants in its first quarter of fiscal year 2010, compared to 181 in the previous quarter and 123 in the first fiscal quarter of 2009. 19 Mar 2010 02:16:01 GMT http://www.mondaq.com/article.asp?articleid=94954&rss=0 See "Workspace Management v YJL London" under Keating Chambers Reported Cases on enforceability of adjudicator’s finding of overpayment as a set-off against an arbitration award. 19 Mar 2010 02:00:17 GMT http://www.mondaq.com/article.asp?articleid=94530&rss=0 In Paul Wynne Jones v Sue Kaney, Mr Jones alleged that Ms Kaney provided negligent opinion evidence when she acted as Mr Jones’ psychiatry expert in a previous personal injury claim arising out of a road traffic accident. 19 Mar 2010 02:00:01 GMT http://www.mondaq.com/article.asp?articleid=94610&rss=0 Private Placement Life Insurance (PPLI) is very much a misunderstood product even though its applications are vast and tremendously useful. 19 Mar 2010 01:08:32 GMT http://www.mondaq.com/article.asp?articleid=96096&rss=0 On March 4, 2010, the U.S. Food and Drug Administration announced that it had identified Salmonella Tennessee in a commonly used food-flavoring ingredient – hydrolyzed vegetable protein ("HVP") – made by Basic Food Flavors Inc. 19 Mar 2010 01:04:00 GMT http://www.mondaq.com/article.asp?articleid=96018&rss=0 The Employment Appeal Tribunal (EAT) case of San Ling Chinese Medical Centre v Lian Wei Ji has ruled that a contract of employment will not be rendered unenforceable on the grounds of illegality if a change in circumstances means that a work permit could be revoked - in order for the contract to be unenforceable, the permit must actually be revoked. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96076&rss=0 For the reasons set out in this article, it is even more important in the Kingdom of Saudi Arabia ("KSA"), than in most other jurisdictions, to carefully consider the wording of governing law and dispute resolution provisions in commercial documentation involving foreign parties. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96146&rss=0 As conditions gradually improve in Iraq, queries are being received concerning opportunities in the insurance sector. This article provides a regulatory overview of the Iraqi market. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96198&rss=0 The Czech Republic has a new law heralding significant change in the punishment of cybercrime. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96200&rss=0 Freedom-to-operate opinions are often a wise business investment when taking a product to market. A thorough freedom-to-operate analysis includes not only the client’s activities that might directly result in infringement, but also the possibility that a client may be liable when others directly infringe a patent. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96202&rss=0 On February 23, 2010, the U.S. Supreme Court issued an opinion in Hertz Corporation v. Friend, __ U.S. __, No. 08-1107, which clarified the test for determining the "principal place of business" for corporations pursuant to 28 U.S.C. § 1332(c). 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96212&rss=0 Under the Fair Work Act, the job of reviewing enterprise agreements for approval has been returned to the industrial tribunal, Fair Work Australia. Until an agreement has been approved, it will not operate to provide full protection from agitation about changes to conditions and industrial action. Getting agreements in a form able to be approved is a crucial step in the smooth introduction of new or revised conditions in enterprise agreements. 19 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=93936&rss=0 Manufacturers have been very busy deciphering and meeting new CPSIA requirements, including restrictions on the amounts of heavy metal in their products. 18 Mar 2010 15:04:34 GMT http://www.mondaq.com/article.asp?articleid=94558&rss=0 Traditionally a captive insurance company is known to be a limited purpose corporate entity set up by a non-insurance parent company and licensed to insure all or some of the risks emanating from the parent’s and/or group’s business. 18 Mar 2010 11:29:23 GMT http://www.mondaq.com/article.asp?articleid=91208&rss=0 Jersey’s Royal Court has recently demonstrated the extent to which it is prepared to exercise its discretion in insolvency proceedings in order to help the underlying clients of a failing financial services business. 18 Mar 2010 09:43:18 GMT http://www.mondaq.com/article.asp?articleid=95722&rss=0 In countries such as the US and Australia methods of medical treatment are patentable subject matter. However, in many countries including New Zealand, methods of medical treatment of humans do not constitute patentable subject matter. Enter the Swiss-type claim. 18 Mar 2010 09:00:09 GMT http://www.mondaq.com/article.asp?articleid=95726&rss=0 Insurers doing business in South Africa will now have to acquaint themselves with the workings and ramifications of the Consumer Protection Act, 2008 which comes into effect in October 2010. 18 Mar 2010 09:00:09 GMT http://www.mondaq.com/article.asp?articleid=95728&rss=0 When the new South African Companies Act comes into force in the second half of 2010 there will be greater exposure to claims against directors and officers and greater scope for all-important risk management. 18 Mar 2010 09:00:09 GMT http://www.mondaq.com/article.asp?articleid=95618&rss=0 Now that both the House and Senate versions have been passed, the next step in the process will be to meld the legislation into a single statute. On November 7, 2009, the U.S. House of Representatives passed the Affordable Health Care for America Act and the U.S. senate passed the Patient Protection and Affordable Care Act on December 24, 2009. 18 Mar 2010 09:00:08 GMT http://www.mondaq.com/article.asp?articleid=95626&rss=0 During the summer of 2008, gas prices went through the roof and the United States refocused on renewable energy. It is common knowledge that Americans say they desire energy independence from foreign nations and say they want environmentally sound renewable energy sources. 18 Mar 2010 09:00:08 GMT http://www.mondaq.com/article.asp?articleid=95672&rss=0 High on the list of the most frequently asked questions by tax professionals working for life insurance companies is whether a change in reserving methodology or assumptions will be subject to the "10-year spread" requirements of section 807(f) of the Internal Revenue Code. Section 807(f) applies where there is a change in basis of computing certain reserves of a life insurance company. 18 Mar 2010 09:00:08 GMT http://www.mondaq.com/article.asp?articleid=96206&rss=0 Once a business is registered, it can start appointing credit representatives straight away. Jon Denovan looks at some of the procedures. 18 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96208&rss=0 In our Trade & Transport Bulletin of 7 May 2009 we discussed the judgment of Justice Blair of the English Commercial Court in Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad which reconsidered the law of inherent vice and the concept of inevitable loss in marine insurance. That decision has now been overturned by the English Court of Appeal in a judgment handed down on 17 December 2009 ([2009] EWHC 367 (Comm)). 18 Mar 2010 00:00:00 GMT http://www.mondaq.com/article.asp?articleid=96210&rss=0 On 12 February 2007, following consideration of the Cameron-Milne Report, Treasury released the exposure draft Insurance Contracts Amendment Bill2007 for public comment. Finally, on 17 March 2010 (over 3 years later) the Insurance Contracts Amendment Bill 2010 has been introduced into Federal Parliament. 18 Mar 2010 00:00:00 GMT