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.
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?
SEC Brings Charges Against Hedge Fund Galleon For "Massive" Insider Trading Scheme Finers Stephens Innocent A leading US hedge fund manager and six co-conspirators have been charged by the US Securities and Exchange Commission (SEC) with insider trading in what is believed to be biggest case ever brought for insider trading in the hedge fund industry.	Opinion Of The Supreme Court Of Hungary Concerning Certain Issues Relating To Pre-Emption Rights SZECSKAY - Attorneys at Law The Supreme Court of Hungary issued a Civil Law Opinion on 24 June 2009 on various practical issues concerning pre-emption rights, as governed by the Civil Code.
Global Anticorruption Alert: DOJ Targets Pharmaceutical Industry And Individuals For FCPA Enforcement Jones Day Enforcement of the Foreign Corrupt Practices Act ("FCPA") continued to grow last week.	Class Actions By Franchisees – Made More Difficult Middletons The 2009 decision of the Full Court of the Federal Court in Brookfield Multiplex Ltd v International Litigation Funding Pty Ltd has cast some doubt about the role and regulation of litigation funding in class actions in Australia.
Moratorium On Price Increases In The Pharmaceutical Sector CMS Cameron McKenna LLP On 13 October 2009 the Cabinet of Ministers of Ukraine issued Resolution No. 1154, which limits both the use of particular drugs for medical purposes and increases in the price of medical products.	Employment Measures In Queen's Speech CMS Cameron McKenna LLP The Queen's Speech yesterday outlined four key proposals that will have a direct impact on employers.
Millionaire Under Fire For Claiming A Special Relationship With The ACCC Middletons Refund Home Loans Pty Ltd (RHL) is a home loan franchised business which refunds to customers half of the brokerage commissions paid by the banks and has approximately 300 franchisees Australia wide.	India Guidance On Its Visa Regimes May Create Major Change For Companies Doing Business In India Littler Mendelson As reported on Littler's Global Immigration Counsel Blog on November 5, 2009, the Government of India's (GOI) Ministry of Home Affairs (MHA) released guidance on permissible use of Business Visas and Employment Visas by foreign nationals visiting India.
Standardization of patent examination sought by IP5 Kim Chang & Lee IP5, the five major intellectual property offices including the European Patent Office ("EPO"), the United States Patent and Trademark Office ("USPTO"), the Japan Patent Office ("JPO"), the State Intellectual Property Office of the People’s Republic of China ("SIPO"), and the Korean Intellectual Property Office ("KIPO"), announced that they are seeking to standardize patent examination. Applications filed with IP5 account for about 77% of the worldwide patent applications.	Amendment to the Internet Address Resource Act Kim Chang & Lee An amendment to the Internet Address Resource Act ("IARA") providing protection of domain names in Korea was announced on June 9, 2009, and will be effective as of September 10, 2009. The major provisions of the amendment are as follows.
Supreme Court Holds Oral Argument In "Bilski v. Kappos" O'Melveny & Myers LLP Today, the Supreme Court held argument in the closely watched "business method patent" case, Bilski v. Kappos. The Court appears poised to rule that the business method claim at issue is not the valid subject of a patent.	Impact Of New Indonesian Tax Regulations: Update O'Melveny & Myers LLP We have had overwhelming response to our alert on the new Indonesian tax regulations last week available here. SPV issuers will be required to certify that they meet all the criteria in the Certificate of Domicile to be submitted to the Indonesian tax authorities.
Pennsylvania State Budget: Changes To Capital Stock/Foreign Franchise Tax And Corporate Net Income Tax For Fiscal Year 2009-2010 Schnader Harrison Segal & Lewis LLP On October 9, Governor Edward G. Rendell signed into law House Bill 1531 ("Act 48") as part of Pennsylvania’s 2009-2010 budget process. Act 48 includes, among other things, several business tax changes that affect both the capital stock – foreign franchise tax and the corporate net income tax.	FDA Releases Initial Draft Guidance On Risk Evaluation And Mitigation Strategies (REMS): Seeking Input From Stakeholders Foley Hoag LLP The Food and Drug Administration (FDA) announced on September 30 that it has released a draft guidance [.pdf] for industry, titled "Format and Content of Proposed Risk Evaluation and Mitigation Strategies (REMS), REMS Assessments, and Proposed REMS Modifications."
The Truth About The New Disclosure Opportunity Strategic Tax Planning International & UK Tax Consultants Following on from a previous attempt by the UK's HMRC in 2007 to get tax evaders to reveal undisclosed Offshore assets and pay tax on them, the NDO ("New Disclosure Opportunity") was recently launched this summer and closes on 30th November 2009.	Supermarket Wars Biggart Baillie On 9 October Lady Clark issued her decision in an application for judicial review by Sainsbury's in relation to a decision of Perth & Kinross Council.
New Public Procurement Remedies Rules Published CMS Cameron McKenna LLP The Public Contracts (Amendment) Regulations 2009 ("Amendment Regulations") have been published and will come into force on 20 December 2009.	North Carolina Extends Statute Of Repose For Product Defects To Twelve Years Cozen O'Connor Effective October 1, 2009, North Carolina's statute of repose for product defect claims increased from six years to twelve years for actions that accrue on or after October 1, 2009.
Slash The Cost Of ICT - Google Points The Way Anthony Collins Solicitors Google's announcement in July that it intends to offer an operating system is the latest, and highest profile sign, of new trends that offer cheaper, more reliable computing for organisations.	Limited Liability Regime For New Zealand Domestic Carriers: Supreme Court Decision DLA Phillips Fox The strict liability/package limitation regime for domestic carriage in New Zealand limits liability to NZ$1,500 per ‘unit of goods’.
Unsatisfied Payment Orders And The Automatic Suspension Of Contractor Licences In New South Wales Gadens Lawyers On 1 April 2009 the "Home Building Act’s" licence suspension provisions were ‘enhanced’.	A Compilation Of Enforcement And Non-Enforcement Actions - November 2009 Foley & Lardner Earlier this month, the United States Supreme Court (Court) heard the case of Jones v. Harris Associates, which we reported on in our March 2009 Update (http://www.foley.com/publications/pub_detail.aspx?pubid=5873).
FCC Seeks Comments On The Use Of Broadband To Promote Health Care Delivery And Services McDermott Will & Emery Comments in response to the FCC's public notice on health care issues are due December 4, 2009.	Amendment VC55 Deacons Amendment VC55 to the Victorian Planning Provisions was approved by the Minister for Planning on 11 November 2009.
Canadian Privacy Commissioners Release Guidance On Workplace H1N1 Privacy Torys LLP On October 29, 2009 the Office of the Privacy Commissioner of Canada (OPC), together with the Privacy Commissioners’ offices of Alberta and British Columbia, published a guidance document titled "Privacy in the Time of a Pandemic: Guidance for Organizations."	Alberta Land Stewardship Act: This Land Is Your Land? Fraser Milner Casgrain LLP In June, Bill 36 was passed into law. In October the Alberta Land Stewardship Act ("ALSA") was proclaimed in force.
Sigma Finance & Pari Passu Wins The Day CMS Cameron McKenna LLP The Supreme Court has not allowed a clause in a Security Trust Deed dealing with the distribution of assets in Sigma Finance Corporation (Sigma) between "experienced commercial operators advised by expert lawyers" to permit the preferential distribution of certain assets.	Financing The Low Carbon Transition - Publication Of Report CMS Cameron McKenna LLP On 15 July 2009 the UK Government published the Low Carbon Transition Plan, which encompasses UK Government policy and strategy on achieving its ambitious renewable energy and carbon reduction targets for 2020 and beyond.
Staff At Mobile Phone Company Sell Customer Data To Rivals CMS Cameron McKenna LLP The Information Commissioner has announced, today, that employees of a major mobile telephone company have unlawfully sold thousands of customer account details, including contract expiry dates, to the company's competitors.	Second Competition Commission Consultation On Groceries Land Order CMS Cameron McKenna LLP The Competition Commission (CC) has published a second consultation on a draft order on land agreements stemming from its market investigation into the groceries sector.