Argentina

Healthcare

Registration of private medical researchers' databases
Baker & McKenzie March 9 2010
The Argentine Data Protection Authority (Authority) has been trying to get private medical researchers to register their databases.

Information Technology

Australia

Arbitration

FWA full bench decides that arbitration is not required in enterprise agreement dispute clauses
Corrs Chambers Westgarth March 2 2010
On 26 February 2010, a Full Bench of Fair Work Australia (FWA) decided that dispute resolution clauses in enterprise agreements made under the Fair Work Act 2009 (Cth) (FW Act) do not have to provide for arbitration as part of the dispute settlement process.

Australia to update international commercial arbitration law
Dinsmore & Shohl LLP March 1 2010
Australia is taking steps to update its International Arbitration Act, a move that its Attorney-General hopes will improve domestic arbitration but also make Australia "an attractive venue for parties from around the world to resolve their disputes."

Aviation

Radiocommunication licences for in-flight mobile services
Baker & McKenzie March 9 2010
The Australian Communications and Media Authority (ACMA) has released a discussion paper containing proposals for the development of a radiocommunications licensing system for mobile telecommunications services in aircraft during flight.

Banking

Taxation of 'managed investment trusts' developments and the financial services licensing regime
Blake Dawson March 9 2010
In the Blake Dawson Tax Bulletin dated 24 February 2010, we discussed the introduction of the Tax Laws Amendments (2010 Measures No.1) Bill 2010 (Bill) into Federal Parliament on 10 February 2010.

Federal Court asked to consider whether mortgagee breached its duties by selling property for less than market value despite proper marketing and sale by auction
Corrs Chambers Westgarth March 5 2010
The recent case of Apostolou v VA Corporation Aust Pty Ltd [2010] FCA 64 involved a claim against Perpetual Trustee Company Ltd (Perpetual) that it had breached its duties as mortgagee by selling a property for less than market value.

Credit licensees and responsible lending obligations
Blake Dawson March 4 2010
On 26 February, ASIC released regulatory guidance for credit licensees about the responsible lending obligations in the National Consumer Credit Protection Act 2009 (Cth) - see Regulatory Guide 209 Credit licensing: Responsible lending conduct (RG 209).

Resonance from Goodridge vs Macquarie likely to be limited
Chapman Tripp March 3 2010
The recent Australian judgment in Goodridge v Macquarie Bank Limited is causing some concern to banks on both sides of the Tasman in relation to their ability to effectively securitise and sell down loans.

Capital Markets

Convertible securities need not be convertible at the time of compulsory acquisition
Blake Dawson March 4 2010
In Re Farm By Nature Pty Ltd [2009] FCA 1559 the Federal Court considered whether the fact that convertible notes were not convertible at the time of issue of an acquisition notice affected the acquirer's ability to rely on the general compulsory acquisition powers in Part 6A.2 of the Corporations Act.

ASIC successfully appeals permanent stay on second AWB case
Blake Dawson March 4 2010
The Victorian Court of Appeal has allowed the appeal by ASIC against the decision made by Robson J on 9 December 2009 to permanently stay ASIC's second civil penalty case against former AWB managing director Andrew Lindberg.

Market manipulation and breaches of duty
Blake Dawson March 4 2010
ASIC has obtained declarations in the Federal Court that the former Managing Director of Select Vaccines Limited, Dr Martin Soust, engaged in market manipulation and false trading.

No appeal in One.Tel
Blake Dawson March 4 2010
We previously reported that ASIC had lodged a notice of intention to appeal the decision of the NSW Supreme Court dismissing its civil penalty proceedings against Jodee Rich and Mark Silberman (formerly joint managing director and finance director respectively of One.Tel).

ASIC and real-time trading
Blake Dawson March 4 2010
On 26 February, ASIC released Consultation Paper 131: Proposed ASIC Market Integrity Rules - ASX and SFE Markets which proposes market integrity rules applicable to trading on ASX and SFE markets, based on the existing rules of these markets, while clarifying the supervisory responsibilities of ASIC and market operators.

Short selling - established regulatory regime
Gilbert + Tobin March 3 2010
The Australian regulatory environment for the short selling of shares has been significantly altered since September 2008.

Commercial Property

Residential property – entitlement to input tax credits
Piper Alderman February 26 2010
In a recent case, a purchaser had purchased real property that contained a tenant but the purchase price had included GST.

Company & Commercial

Australian Opal Cutters admits misleading price comparisons
Blake Dawson March 4 2010
Australian Opal Cutters Pty Limited has given court enforceable undertakings that it will remove misleading price comparisons from its marketing material.

Tasmanian vegetable farmers' collective negotiation arrangements re-authorised
Blake Dawson March 4 2010
The ACCC has made a draft decision to re-authorise collective negotiation arrangements proposed by the Tasmanian Farmers and Graziers Association allowing present and future members to collectively negotiate the terms and conditions of vegetable growing contracts with McCain Foods (Aust) Pty Ltd and Simplot Australia Pty Limited.

Australian retailer admits "two-price" advertising likely to mislead
Baker & McKenzie March 2 2010
Bedding retailer Snooze has admitted that an October 2008 "two-price" advertising campaign in which it priced some products in the form of "Was/Now" was likely to mislead or deceive consumers in breach of the Trade Practices Act (TPA).

Corporate Finance/M&A

Further amendments to FATA
Blake Dawson March 4 2010
Further amendments to the Foreign Acquisition and Takeovers Act 1975 (FATA) have been made pursuant to the Foreign Acquisitions and Takeovers Amendment Regulations 2010 (No.1) (Regulations).

New Takeovers Panel appointments
Blake Dawson March 4 2010
The Panel has announced the reappointment of 11 existing members and the appointment of ten new members, including most notably our own Sarah Dulhunty.

Foreign private equity entities - taxation of gains
Piper Alderman February 26 2010
The Commissioner has recently issued a draft taxation determination in relation to the taxation treatment of income gains made by private equity entities from the disposal of the target assets such entities have acquired.

Double stamp duty and declarations of trust
Piper Alderman February 26 2010
Care always has to be undertaken when designing a commercial transaction to ensure that double duty is not incurred in what essentially is in reality the one transaction.

Corporate Tax

Family trusts – quotation of tax file numbers of beneficiaries
Piper Alderman February 26 2010
The Government has issued an exposure draft which will amend the provisions of the income tax law to require the trustee of closely held trusts to withhold income tax at the highest marginal tax rate where the beneficiary has not disclosed its tax file number.

GST and supply of spectacles
Piper Alderman February 26 2010
In a recent case the AAT had to consider how a transaction involving a supply of spectacles which consisted of the frame sold to the customer at a discount which was a supply and the lenses which was sold without any discount, the price of the complete pair of spectacles being the aggregate of these two amounts.

Deductibility of interest - loan to purchase units in a hybrid trust
Piper Alderman February 26 2010
The Commissioner in TD 2009/17 placed some doubt on deductibility of interest on loans used to acquire units in a trust where the units may carry no entitlement to share in realised capital gains of the trust.

Forestry schemes – amendment to 4-year holding period requirement
Piper Alderman February 26 2010
One of the requirements to obtain a tax deduction for an investment in a forestry managed investment scheme where you are an initial investor is that a CGT event must not occur with respect to your forestry interest for a period of 4 years.

E-commerce

Copyright cases from across the ditch
Chapman Tripp March 2 2010
If you use a phone directory, down-load songs and movies or write music, you might be interested in three recent copyright cases from Australia which may be influential in our courts.

ACMA actively enforces Spam Act, Do Not Call Register Act
Corrs Chambers Westgarth February 23 2010
The Australian Communications and Media Authority (ACMA) increased its enforcement activity last year in relation to the Spam Act 2003 (the Spam Act) and the Do Not Call Register Act 2006 (the DNCR Act).

Proposed changes to the Electronic Transactions Acts – what does it mean for your business?
Gilbert + Tobin February 13 2010
In November 2008, the Commonwealth Attorney-General's Department - in collaboration with the States and Territories - released a consultation paper on the Australian Government's proposal to accede to the United Nations Convention on the Use of Electronic Communications in International Contracts (the Convention).

Roadshow Films v iiNet : ISP not liable for ‘authorising ’ copyright infringement
Corrs Chambers Westgarth February 9 2010
On 4 February 2010, Justice Cowdroy delivered the Federal Court's decision in Roadshow Films Pty Ltd v iiNet Limited (No 3) [2010] FCA 24 (Roadshow v iiNet).

Employment & Labor

The extent of the requirement to accommodate
Blake Dawson March 5 2010
In McLachlan v Endeavour Coal Pty Ltd [2009] NSWADT 312 the New South Wales Administrative Decisions Tribunal rejected an employee's claim of disability discrimination and confirmed that employers are not required to alter the duties of a job in order to accommodate a person's disability.

Parental status and family responsibilities – employer and supervisor successfully defend complaint
Blake Dawson March 5 2010
The Queensland Anti-Discrimination Tribunal found in Fraser v Mission Australia and Mikits [2009] QADT 23 that an employer who made the position of a part-time working mother redundant did not engage in direct or indirect discrimination in breach of Queensland anti-discrimination legislation.

Significant damages awarded for racial abuse
Blake Dawson March 5 2010
In Jaiswal v Mulheron & Denraydon Holdings Pty Ltd [2009] QADT 19, the Queensland Anti-Discrimination Tribunal ordered $50,000 compensation for persistent and serious direct discrimination in the provision of goods and services.

Victimisation finding upheld, but damages set aside
Blake Dawson March 5 2010
In St Joseph's Hospital Ltd v Correy (No 2) [2009] NSWADTAP 58, an appeal panel of the NSW Administrative Decisions Tribunal has upheld findings that a nurse who complained of discrimination was victimised by her employer but has set aside the order for damages.

Amaca v Estate of Cotton
Minter Ellison March 5 2010
The High Court has handed down a unanimous decision in the matter of Amaca & Ors v Ellis; The State of South Australia v Ellis; and Millenium Inorganic Chemicals Ltd v Ellis (Cotton) [2010] HCA 5, a case on appeal from the Court of Appeal of Western Australia.

Making it Fair - addressing pay equity and female participation in the workforce
Blake Dawson March 5 2010
On 23 November 2009, the House of Representatives Standing Committee on Employment and Workplace Relations tabled a report into pay equity and associated issues related to increasing female participation in the workforce, Making it Fair.

Workplace bullying
Blake Dawson March 5 2010
A recent decision in Victoria highlights the importance of having adequate systems in place to prevent, and address, bullying in the workplace.

Release agreements – bar to discrimination proceedings?
Blake Dawson March 5 2010
In Nelson v Pelikan Artline Pty Ltd [2009] NSWADT272, the NSWADT found that a one-page document, including a full release in favour of the employer, was not a bar to a claim for unlawful discrimination.

Liability - Williamson and Australian Postal Corporation
DibbsBarker March 1 2010
The Applicant injured her back in the course of her employment in November 2005 and July 2006.

Permanent impairment - Hands and Military Rehabilitation and Compensation Commission
DibbsBarker March 1 2010
The Applicant sustained an injury in the course of his employment that was an unintended consequence of certain medical treatment provided to him at Commonwealth expense ("abdominal pain") for which the Responded accepted liability, and, indeed, later accepted a further injury, being a psychiatric condition secondary to the original injury ("the psychiatric condition").

Liability - Estate of Eduardo Ferro and Australian Postal Corporation
DibbsBarker March 1 2010
In January 2004, the deceased collapsed at his workplace and ultimately passed away in May 2004.

Liability - Starr and Military Rehabilitation and Compensation Commission
DibbsBarker March 1 2010
The Applicant sought compensation from the Respondent in relation to psychological injuries alleged to have arisen out of his employment.

Liability - Williams and Comcare
DibbsBarker March 1 2010
Williams and Comcare [2010] AATA 129 (19 February 2010) CanberraIn 2005, the Applicant developed severe asthma for which she made a claim for compensation in March 2007.

ACT employers and insurers affected by workers compensation amendments
Minter Ellison February 23 2010
Following the introduction of amendments to the ACT Workers Compensation Act 1951(WCA) in 2002, affordability of the scheme, administrative red tape and the lack of effective penalties for non compliance have been a growing concern for private sector employers.

Energy & Natural Resources

Compliance alert for the Queensland mining industry
Blake Dawson March 9 2010
In November 2009, the Queensland Department of Environment and Resource Management released its Annual Compliance Plan.

Environment

Greenhouse conditions in WA project approvals – development of approval policy in an uncertain political climate
Blake Dawson March 2 2010
Project approvals have historically been used to regulate greenhouse emissions in Western Australia.

Franchising

Government responds to expert panel's report on Franchising Code amendments
DibbsBarker March 9 2010
The Hon Dr Craig Emerson, Minister for Small Business, Independent Contractors and the Service Economy and Minister for Competition Policy and Consumer Affairs recently announced the Government's response to the expert panel's report on unconscionable conduct and the regulation of the franchising sector.

The most sweeping reform to the Franchising Code and unconscionable conduct laws in 12 years
Hall & Wilcox March 3 2010
Following the findings of an expert panel, the government announced changes to the Franchising Code of Conduct (Code) and unconscionable conduct laws in November 2009.

Healthcare

Liability - Williamson and Australian Postal Corporation
DibbsBarker March 1 2010
The Applicant injured her back in the course of her employment in November 2005 and July 2006.

Liability - Estate of Eduardo Ferro and Australian Postal Corporation
DibbsBarker March 1 2010
In January 2004, the deceased collapsed at his workplace and ultimately passed away in May 2004.

Information Technology

Judy Estrin on the innovation gap
Gilbert + Tobin February 9 2010
In a recent interview with the McKinsey Quarterly, author and Silicon Valley technology executive Judy Estrin discusses her views on innovation (or the lack of innovation) in the 21st century.

Insurance & Reinsurance

Group insurance arrangements
Blake Dawson March 4 2010
On 24 February, ASIC issued Class Order 10/116 Group purchasing bodies - variation of Class Order [CO 08/1].

Intellectual Property

Kookaburra and iiNet copyright decisions to be appealed
Davies Collison Cave March 1 2010
Two recent Federal Court decisions on copyright law, which were both handed down on 4 February 2010, will be appealed to the Full Federal Court.

Nothing eases for Maltesers on appeal
Davies Collison Cave March 1 2010
Mars Australia Pty Ltd ("Mars") took action against Sweet Rewards Pty Ltd ("Sweet Rewards") in the Federal Court of Australia alleging that Sweet Rewards had infringed Mars' trade marks and had engaged in passing off and misleading conduct by distributing a "Malt Balls" product in red and orange jars with a get-up said to be similar to Mars' "Maltesers" chocolate confectionary.

Enforcing patents likely to get easier in Australia
Clayton Utz February 26 2010
For a number of years, Australian patent owners have expressed concern about difficulties encountered in enforcing patent rights in Australia.

Copyright position with books to remain unchanged
Clayton Utz February 25 2010
On 11 November 2009 the Government announced that it would not change the Australian Regulatory regime with respect to books.

Men at Work go Down (Under) in Kookaburra copyright claim
Clayton Utz February 24 2010
The Federal Court of Australia has ruled that Men at Work's famous song "Down Under" infringes the copyright in the 1934 children's round "Kookaburra Sits in the Old Gum Tree" (Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd [2010] FCA 29 (4 February 2010)).

New regime - security interests in IP
Gilbert + Tobin February 8 2010
A new regime is being introduced that will affect the holders of security interests in intellectual property rights (patents, trade marks, designs and plant breeder's rights).

Litigation

Workplace bullying
Blake Dawson March 5 2010
A recent decision in Victoria highlights the importance of having adequate systems in place to prevent, and address, bullying in the workplace.

Liability - Williamson and Australian Postal Corporation
DibbsBarker March 1 2010
The Applicant injured her back in the course of her employment in November 2005 and July 2006.

Liability - Estate of Eduardo Ferro and Australian Postal Corporation
DibbsBarker March 1 2010
In January 2004, the deceased collapsed at his workplace and ultimately passed away in May 2004.

Media & Entertainment

Private Client & Offshore Services

Securitization & Structured Finance

Telecommunications

Australian Do Not Call Register legislation Amendment Bill 2009
Baker & McKenzie March 2 2010
The Bill seeks to amend the Australian Do Not Call Register Act 2006 and the Telecommunications Act 1997 in order to enable all Australian individuals, businesses, organisations and government bodies to register telephone and fax numbers with the Do Not Call Register and express a preference not to receive any telemarketing calls or marketing faxes.

NBN companies and access arrangements bills
Corrs Chambers Westgarth February 26 2010
This week the Government released exposure drafts of two Bills concerning the corporate and regulatory framework within which NBN Co and its subsidiary, NBN Tasmania, will operate.

White Collar Crime

Austria

Capital Markets

Measures adopted by CESR members on short selling
Norton Rose March 1 2010
The Committee of European Securities Regulators (CESR) has updated its table on the measures adopted by its members on short selling.

Belgium

Intellectual Property

UK registered trade mark for the Carlyle Hotel name revoked for non use
Mayer Brown LLP March 2 2010
The owners of the Carlyle Hotel in New York have lost their UK trade mark for the CARLYLE name because that name had not been used in the UK.

Leisure & Tourism

Bermuda

Insurance & Reinsurance

The Bermuda Monetary Authority proposes introducing group-wide supervision in further move towards Solvency II equivalence
Edwards Angell Palmer & Dodge March 3 2010
The Bermuda Monetary Authority (the BMA) published a consultation paper on 5 February 2010 entitled "Consultation Paper on The Bermuda Monetary Authority's Proposed Insurance Groups Regulatory Framework" (the Paper).

Brazil

Competition

Brazil – SDE initiates investigation into LCD-TFT cartel
Squire Sanders & Dempsey LLP March 8 2010
On December 7, 2009 the Brazilian Secretariat of Economic Law of the Ministry of Justice (SDE) formally initiated an investigation into a suspected international cartel between manufacturers of TFT-LCD panels.

Corporate Tax

New regulation on tax deduction of costs relating to training of software development personnel
Baker & McKenzie March 2 2010
The Federal Revenue Department has issued Normative Ruling No 986/2009.

Information Technology

Insurance & Reinsurance

IRB-Brasil Re achieves higher profits despite lower premiums and reduced investment income
Edwards Angell Palmer & Dodge March 4 2010
Brazil's government-controlled former reinsurance monopoly holder, IRB-Brasil Re, reports that it saw profits rise 2.6% in 2009 despite lower revenue from premiums.

Telecommunications

New law prohibits telephone companies from charging monthly subscriptions
Baker & McKenzie March 2 2010
The Sao Paulo State House of Representatives has approved Bill of Law No 255/2002, which entered into force in the State of Sao Paulo as Law No 13,854/2009.

Canada

Arbitration

“Smile, you’re on candid camera…” – how arbitrators view video surveillance
Fasken Martineau DuMoulin LLP February 23 2010
Canadian arbitrators have been dealing with the issue of how to deal with video surveillance of employees for over two decades.

Banking

Québec Superior Court authorizes National Bank of Canada to exclude shareholder proposals submitted abusively
McCarthy Tétrault March 1 2010
On December 8, 2009, the Superior Court of Québec per the Honourable Justice Joel A. Silcoff granted a motion by the National Bank of Canada (Bank), authorizing it to omit some 38 proposals submitted by a shareholder for inclusion in the Management Proxy Circular to be distributed in advance of its 2010 Annual General Meeting of Shareholders.

Caisse Drummond Supreme Court of Canada decision
McCarthy Tétrault March 1 2010
In June of 2009, the Supreme Court of Canada dismissed an appeal from the Federal Court of Appeal in the Caisse populaire Desjardins de l'Est de Drummond v. Canada case.

Bank shareholders approve executive pay
Stikeman Elliott LLP March 1 2010
On February 25, CIBC shareholders voted in favour of executive pay in what is believed to be the first "say on pay" vote at a Canadian financial services company.

Changes to credit card practices and federal cost of borrowing disclosure
McCarthy Tétrault March 1 2010
Final versions of the Credit Business Practices Regulations (CBP Regs) and the Cost of Borrowing Regulations (COB Regs) that apply to federally regulated financial institutions were published in September 2009.

Ask a labour & employment lawyer
Borden Ladner Gervais LLP February 26 2010
Can highly paid financial services employees, such as financial advisors, analysts and investment bankers, claim overtime pay?

Overtime class action certified
Borden Ladner Gervais LLP February 24 2010
Within days of the latest “overtime” class action being filed on behalf of Investment Advisors, Financial Representatives and Investment Consultants at BMO Nesbitt Burns, Ontario Superior Court judge George Strathy has granted certification in the Fulawka v. The Bank of Nova Scotia case.

Capital Markets

Final changes to Canada’s insider reporting regime published by CSA
WeirFoulds LLP March 8 2010
On January 22, 2010, the Canadian Securities Administrators ("CSA") released the final form of National Instrument 55-104 Insider Reporting Requirements and Exemptions ("NI 55-104") and its Companion Policy 55-104CP.

You can run but you cannot hide
Cassels Brock & Blackwell LLP March 5 2010
Recent case law confirms that now more than ever before dealers and advisors registered with self-regulatory organizations have little choice but to comply with investigators.

Budget 2010 provides update respecting Canadian securities regulator
Stikeman Elliott LLP March 4 2010
Budget 2010, delivered this afternoon by Finance Minister Jim Flaherty, contains an update of the Canadian government's intention with respect to the establishment of a federal securities regulator and implementation of a federal securities act.

Canada’s first criminal conviction for insider trading
Cassels Brock & Blackwell LLP March 4 2010
Canada's first criminal conviction for illegal insider trading has resulted in a 39 month prison sentence for the accused, Stan Grmovsek, who pleaded guilty on November 6, 2009.

If it sounds too good to be true…
Stikeman Elliott LLP March 4 2010
Budget 2010 reads very well.

Provincial/Territorial Council of Ministers of Securities Regulation releases 2009 Progress Report
Stikeman Elliott LLP March 2 2010
The Provincial/Territorial Council of Ministers of Securities Regulation (Council) issued its 2009 Progress Report yesterday outlining the various regulatory activities undertaken last year across Canadian jurisdictions.

Saskatchewan joins other provinces in providing relief for exempt market dealers
Stikeman Elliott LLP March 2 2010
On February 25, Saskatchewan joined Alberta, British Columbia and Manitoba in issuing an order making available certain limited trade-based registration exemptions to persons that would otherwise be required to register as exempt market dealers in the province.

CSA releases guidance on forward-looking information requirements
McCarthy Tétrault March 1 2010
On November 20, 2009, the Canadian Securities Administrators (CSA) released CSA Staff Notice 51-330, which provides guidance on the forwardlooking information (FLI) requirements contained in National Instrument 51-102 Continuous Disclosure Obligations (the Rule).

Getting ready for IFRS - practical tips
McCarthy Tétrault March 1 2010
On January 1, 2011, Generally Accepted Accounting Principles (GAAP) for Publicly Listed Enterprises will adopt the International Financial Reporting Standards (IFRS).

Heightened litigation exposure for Canadian public issuers and executives
McCarthy Tétrault March 1 2010
For Canada's public corporations and their executives, a litigation threat long on the horizon has now arrived in force with the Ontario Superior Court's recent decision in Silver v. IMAX.

OSC staff review finds IFRS transition disclosure lacking
McCarthy Tétrault March 1 2010
The Ontario Securities Commission (OSC) recently released the results of its review of the quality of International Financial Reporting Standards (IFRS) transition disclosure provided by certain randomly selected issuers in their 2008 annual and 2009 interim management discussion and analysis (MD&A).

Highlights from the OSC’s annual Corporate Finance Branch report
McCarthy Tétrault March 1 2010
The Corporate Finance Branch of the Ontario Securities Commission (OSC) recently released its annual report for 2009.

OSC announces new Investor Advisory Panel
Stikeman Elliott LLP March 1 2010
On February 26, the Ontario Securities Commission (OSC) announced the creation of an Investor Advisory Panel in order to afford investors better representation in the OSC's consideration of various issues.

Summary of RiskMetrics Group’s 2010 Canadian Proxy Voting Guidelines
McCarthy Tétrault March 1 2010
On December 31, 2009, RiskMetrics Group published updated Proxy Voting Guidelines for TSX-listed issuers holding securityholder meetings on or after February 1, 2010.

British Columbia and Manitoba provide relief for exempt market dealers
Stikeman Elliott LLP February 26 2010
The British Columbia Securities Commission (BCSC) issued an order today making certain limited trade-based registration exemptions to persons that would otherwise be required to register as exempt market dealers in BC.

CSA publish blanket orders exempting registrants from provisions of registration regime
Stikeman Elliott LLP February 26 2010
The Canadian Securities Administrators (CSA) today published an omnibus set of blanket orders exempting registrants from certain provisions of National Instrument 31-103.

The CSA implements new insider reporting regime
McMillan LLP February 12 2010
On January 22, 2010 the Canadian Securities Administrators (the "CSA") announced the adoption of a new insider reporting regime set out in National Instrument 55-104 Insider Reporting Requirements and Exemptions ("NI 55-104") and the related companion policy, together with the repeal of predecessor instrument and policies and amendments to related instruments.

Commercial Property

The gutting of S. 97 and the abandonment of certainty
Miller Thomson LLP March 3 2010
Sometimes decisions are rendered by the Courts that have a significant impact on the entire condominium community.

Good night, sleep tight, don’t let the bed bugs bite
Miller Thomson LLP March 3 2010
You may all remember this nursery rhyme from your childhood.

Home Renovation Tax Credit update
Miller Thomson LLP March 3 2010
As you are aware, in December 2009, the Federal Government introduced a Home Renovation Tax Credit ("HRTC") that can be claimed by an individual on eligible expenditures incurred on an individual's eligible dwelling which includes condominium units.

Crane pain
Miller Thomson LLP March 1 2010
Is there an overhead crane?

Proposed HST place of supply rule for real property is relatively straight-forward
Lang Michener LLP February 28 2010
On February 25, 2010, Canada's Department of Finance released its proposed harmonized sales tax (HST) place of supply rules which will be used to determine whether a supplier (Seller) must charge, collect and remit HST in connection with a supply made in Canada and whether a recipient (Buyer) must pay HST in connection with an acquisition or importation and at what rate.

Company & Commercial

Québec Business Corporations Act (Bill 63): an update
McCarthy Tétrault March 1 2010
The Business Corporations Act (Bill 63), a major reform and modernization of the Québec Companies Act, was enacted by Québec's National Assembly on December 4, 2009 and is expected to come into force in January 2011.

Final CCGG model shareholder engagement and “say-on-pay” policy
McCarthy Tétrault March 1 2010
On October 22, 2009, the Canadian Coalition for Good Governance (CCGG) released a draft of its much-awaited model shareholder engagement and "say-on-pay" policy, which addressed best practices for boards of directors on board engagement with shareholders, and included a model non-binding advisory shareholder resolution on executive compensation.

Bill C-300
McCarthy Tétrault March 1 2010
Bill C-300, a private member's bill put forth by Ontario Liberal MP John McKay, purports to promote corporate social responsibility (CSR) in the Canadian mining industry's site country operations.

Québec’s Bill 60: new rules for payment cards, extended warranties and long-term service contracts
McCarthy Tétrault March 1 2010
Bill 60, An Act to amend the Consumer Protection Act and other legislative provisions, was adopted by Québec's National Assembly on December 5, 2009 and will come into effect on the date or dates set by the government, but no later than June 30, 2010.

Competition

Investment Canada: threshold watch
Stikeman Elliott LLP March 4 2010
The Investment Canada Act threshold for review of direct acquisitions of control by WTO investors in non-cultural industries has now been officially lowered to C$299 million for transactions closing in 2010.

Canada's tougher cartel law into force March 12, 2010
Stikeman Elliott LLP March 4 2010
The one-year delay before Canada's new, tougher, cartel law comes into force expires this month.

Canada to liberalize telecom sector foreign ownership restrictions
Stikeman Elliott LLP March 4 2010
In June 2008, the blue-ribbon Competition Policy Review Panel appointed by the federal government issued its report, Compete to Win, on how to raise Canada's standard of living through greater competition and productivity.

Canadian merger notification regulations revised
Stikeman Elliott LLP March 4 2010
Amendments to the Notifiable Transactions Regulations made under the Competition Act (the Regulations) came into force on February 2, 2010.

Investment Canada Act threshold announced for 2010
McCarthy Tétrault March 1 2010
Industry Canada has announced that the Investment Canada Act threshold for 2010 that applies to most direct acquisitions of Canadian businesses by non-Canadian investors from World Trade Organization member countries is $299 million (a decrease from last year's $312 million-threshold).

Construction

Developers and builders: make sure you get noticed!
McMillan LLP February 24 2010
Is your company subject to an agreement that permits one party to repair damages caused by the other if the other fails to do so within a certain time period?

Corporate Finance/M&A

Canadian government proposes liberalizing foreign ownership rules for telecommunications sector
Torys LLP March 5 2010
In this week's speech from the throne, the Canadian federal government announced its intention to "open Canada's doors further to venture capital and to foreign investment in key sectors, including the satellite and telecommunications industries, giving Canadian firms access to the funds and expertise they need."

Canada's Federal Budget scores in overtime for the technology community
Fraser Milner Casgrain LLP March 4 2010
Today’s Canadian Federal Budget introduced a proposed amendment to the Income Tax Act (Canada) ("ITA") that will remove a major practical barrier to direct investments by U.S. and other foreign VC and private equity firms in Canadian technology companies by alleviating certain notification requirements to the Canada Revenue Agency.

Changes coming to ownership and control rules in telecommunications
Fasken Martineau DuMoulin LLP March 3 2010
In its March 3, 2010 Throne Speech the Government of Canada has announced its intention to "open Canada's doors further to venture capital and to foreign investment in key sectors, including the satellite and telecommunications industries, giving Canadian firms access to the funds and expertise they need."

Responding to the "Halloween surprise": using plans of arrangement to convert income trusts to corporations
McCarthy Tétrault March 1 2010
On the evening of October 31, 2006, the federal government's "Halloween surprise" ended the favourable tax treatment formerly afforded to income trusts.

Corporate Tax

Federal Budget 2010: extensive technical changes in a cautious budget
Gowling Lafleur Henderson LLP March 5 2010
The Department of Finance has clearly been busy while Parliament was prorogued the past two months judging from the number and extent of technical changes proposed in Budget 2010.

2010 Federal Budget commentary
McCarthy Tétrault March 5 2010
Following the resumption of Parliament, the minority Harper government released its fifth Budget on March 4, 2010 (Budget 2010).

Budget Briefing 2010
Osler Hoskin & Harcourt LLP March 4 2010
The Honourable Jim Flaherty, Minister of Finance, tabled the fifth federal budget of the Conservative minority government today.

Budget 2010: leading the way on jobs and growth
Gowling Lafleur Henderson LLP March 4 2010
The Honourable Jim Flaherty, Minister of Finance, today tabled a budget plan that builds on Canada's economic recovery with action to create jobs and growth, sustains our nation's economic advantages and includes a disciplined plan to return to balanced budgets.

Federal Budget 2010 – income tax measures
Ogilvy Renault LLP March 4 2010
On March 4, 2010, the federal government tabled its Budget.

If it sounds too good to be true…
Stikeman Elliott LLP March 4 2010
Budget 2010 reads very well.

Will the HST apply? The proposed HST place of supply rules
Fasken Martineau DuMoulin LLP March 4 2010
On July 1, 2010, Ontario and British Columbia will replace their respective provincial Retail Sales Taxes ("RST") with the federal value-added Harmonized Sales Tax ("HST").

Federal Budget 2010
Fraser Milner Casgrain LLP March 4 2010
Building on the March 3rd Speech from the Throne, Federal Finance Minister Jim Flaherty tabled the Conservative government's fifth full budget on March 4, 2010.

Federal Court of Appeal finds that an office kept on reserve is not enough to recognize the Aboriginal tax exemption of section 87 of the Indian Act.
Gowling Lafleur Henderson LLP March 3 2010
The Federal Court of Appeal denied the Appellant’s argument regarding the application of the s. 87 Aboriginal tax exemption, pursuant to the connecting factors approach.

HST: BC and Ontario moving to implementation
McCarthy Tétrault March 1 2010
In 2009, Ontario and British Columbia announced that their provincial sales tax systems would be harmonized with the federal GST effective July 1, 2010.

Suppliers in non-HST provinces beware: proposed HST place of supply rules for goods (tangible personal property)
Lang Michener LLP March 1 2010
On February 25, 2010, Canada's Department of Finance released its proposed harmonized sales tax (HST) place of supply rules which will be used to determine whether a supplier must charge, collect and remit HST in connection with a supply made in Canada and whether a recipient must pay HST in connection with an acquisition or importation and at what rate.

CRA responds to the new GST/HST legislative proposals on financial services
Stikeman Elliott LLP February 26 2010
On February 11, 2010, the Canada Revenue Agency (the "CRA") released GST/HST Notice No. 250 (the "CRA Notice") in response to the proposal to change the definition of "financial services" in the Excise Tax Act (the "Act") announced in a News Release and Backgrounder issued by the Department of Finance on December 14, 2009.

Proposed HST place of supply rules are game-changers
Lang Michener LLP February 25 2010
On February 25, 2010 (88 days until harmonization implementation in Ontario and British Columbia), the Department of Finance released the proposed harmonized sales tax (HST) place of supply rules.

Derivatives

Employee Benefits & Pensions

Supreme Court of Canada to consider whether pension plan benefits based on age are contrary to the charter of rights and freedoms
Osler Hoskin & Harcourt LLP March 4 2010
Later this month, the Supreme Court of Canada will hear an appeal from the British Columbia Court of Appeal's decision in Withler v. Canada.

If it sounds too good to be true…
Stikeman Elliott LLP March 4 2010
Budget 2010 reads very well.

Re Indalex: another decision on deemed trust
Borden Ladner Gervais LLP February 25 2010
On February 18, 2010, the Superior Court of Ontario issued a judgment in Re Indalex which confirmed that the "deemed trust" under the Pension Benefits Act (Ontario) ("PBA") does not arise in respect of the solvency deficiency of a continuing pension plan or in respect of special payments in a plan wind-up which are not due and payable at the relevant time.

Employment & Labor

Are we in recovery?
Rubin Thomlinson LLP March 8 2010
In the last two weeks we have seen a number of new clients who have been offered jobs and want our legal services to review the contracts.

Early retirement package not discriminatory
Osler Hoskin & Harcourt LLP March 3 2010
A recent decision from the Ontario Human Rights Tribunal has confirmed that an early retirement package which was offered to employees who met certain age requirements did not contravene the Ontario Human Rights Code.

Quebec court discusses University's rights and obligations regarding employee inventions
Ogilvy Renault LLP March 3 2010
The Quebec Court of Appeal recently released its decision in Université de Sherbrooke v. Beaudoin et al. which discusses the rights and obligations of a university when dealing with inventions made by its employees.

Is it safe to allege just cause for performance issues?
Bull Housser & Tupper LLP February 26 2010
Underperforming and misbehaving employees have existed since the first master-servant relationships.

Psychological harassment by a client
Borden Ladner Gervais LLP February 26 2010
Employers who have employees working off site, providing services to clients on a regular basis, should take note of the case of Hermann Cebert v. Groupe d’imprimerie Saint-Joseph Inc.

Employment standards termination clauses enforceable
Borden Ladner Gervais LLP February 26 2010
For an employer, one of the most important - and unfortunately, often noticeably absent - provisions in any written employment contract is a clause outlining what notice or pay in lieu an employee is entitled to on termination.

Energy & Natural Resources

If it sounds too good to be true…
Stikeman Elliott LLP March 4 2010
Budget 2010 reads very well.

OPA and MEI enhance stakeholder consultation regarding FIT domestic content requirements
Davis LLP March 4 2010
Ontario has been praised internationally for its renewable energy Feed-in Tariff ("FIT"), the first of its kind in North America.

Canadian government to invest close to $80 million in Quebec ethanol plant
Davis LLP March 2 2010
Steven Blaney, Member of Parliament for Lévis-Bellechasse, today announced that the Government of Canada's ecoENERGY for Biofuels program will provide funding of up to $79.75 million over 7 years to GreenField Ethanol's Varennes production facility.

Kelly v. Alberta (Energy Resources Conservation Board)
Borden Ladner Gervais LLP March 1 2010
The Alberta Court of Appeal decision on October 28, 2009 in Kelly v Alberta (Energy Resources Conservation Board) vacated the January 16, 2009 decision of the ERCB to deny the Appellants standing to be heard and grant licenses to Grizzly Resources Ltd.

Environment

The Federal Court reaffirms the mandatory requirements of the Species at Risk Act in Environmental Defence Canada v. Canada (Minister of Fisheries and Oceans)
Borden Ladner Gervais LLP March 1 2010
Earlier in 2009, as discussed in the Sage Grouse decision reported in our previous issue, the Federal Court held that the Species at Risk Act (SARA) requires the Minister of the Environment to identify critical habitat of a listed endangered species.

Foreseeability cannot be viewed through a retrospective lens
Borden Ladner Gervais LLP March 1 2010
In Berendsen v Ontario, the Ontario Court of Appeal recently overturned the trial judge's finding of negligence against the province for depositing construction waste on agricultural property in the 1960s.

Copenhagen climate change negotiations: results and the way forward
Borden Ladner Gervais LLP March 1 2010
The fifteenth Conference of Parties ("COP 15") to the United Nations Framework Convention on Climate Change (the "Convention") and the fifth meeting of the parties to the Kyoto Protocol ended in Copenhagen with seriously mixed feelings on big picture issues.

You first! Copenhagen Accord emissions reduction pledges announced
McMillan LLP February 17 2010
On February 1st, the secretariat of the United Nations Framework Convention on Climate Change (the "Convention") announced the pledges made by countries under the Copenhagen Accord (the "Accord").

Healthcare

If it sounds too good to be true…
Stikeman Elliott LLP March 4 2010
Budget 2010 reads very well.

Good night, sleep tight, don’t let the bed bugs bite
Miller Thomson LLP March 3 2010
You may all remember this nursery rhyme from your childhood.

Information Technology

Insurance & Reinsurance

Foreign insurers: the provincial response to Part XIII of the Insurance Companies Act (Canada)
Fasken Martineau DuMoulin LLP March 8 2010
The amendments to Part XIII and the related OSFI Advisory - "Insurance in Canada of Risks" came into force on January 1, 2010.

Breaking news
Robinson Sheppard Shapiro January 30 2010
Numerous claims have been made and legal proceedings instituted against manufacturers of sanitary toilet tanks in the past few years, following the unexplained spontaneous fracture of a tank.

Intellectual Property

Leveraging the available tools
Bereskin & Parr LLP March 1 2010
There were few reported decisions on counterfeiting in Canada in 2009.

Class action against NCAA gets a green light
Davis LLP February 24 2010
Ex-UCLA star basketball player Ed O'Bannon's class action suit against the NCAA (the "Class Action") got a green light from the U.S. District Court when it denied the NCAA's request to dismiss it.

Litigation

Enforcement of letters rogatory or other requests from foreign tribunals for judicial assistance in obtaining evidence from parties in Ontario
Lang Michener LLP March 3 2010
From time to time counsel in the United States or other countries discover that key documents or a key witness are beyond the jurisdiction of the court in which their case is pending ("foreign proceeding") and cannot be summonsed to produce documents or attend trial in the usual way.

Crane pain
Miller Thomson LLP March 1 2010
Is there an overhead crane?

Exposing the mess swept under the rug: Supreme Court of Canada orders damages for breach of tendering contract
McMillan LLP February 19 2010
Owners breach their tendering process at their peril and they may now have difficulty relying on a broad exclusion of liability clause following the recent decision by the Supreme Court of Canada in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways).

Media & Entertainment

Product Liability

Projects & Procurement

US and Canada reach agreement on "Buy America" and provincial government procurement
McCarthy Tétrault March 1 2010
On February 5, 2010, the United States and Canada announced the successful negotiation of an agreement intended to resolve concerns over the use of "Buy America" clauses in US government spending bills and open up provincial and territorial government procurement to US suppliers.

Bill 76 passes in Québec - municipal contract allocation rules tightened
Davis LLP February 23 2010
Following public outcry in late 2008 regarding contract allocation in the municipal sector and the government's undertaking to remedy the issue, the government of Québec yesterday passed Bill 76 (French Only).

Public

No sitting days lost to prorogation
Gowling Lafleur Henderson LLP March 4 2010
Ontario Premier Dalton McGuinty today announced that the Honourable David C. Onley, Lieutenant Governor of Ontario, has prorogued the legislature and will deliver the government's Speech from the Throne on March 8, 2010.

Speech from the Throne
Fraser Milner Casgrain LLP March 3 2010
At 6000 words, the speech included a host of measures aimed at restoring fiscal balance, stimulating the economy, supporting Canada's fragile recovery and increasing innovation and competitiveness.

Shipping & Transport

Telecommunications

Federal Budget 2010: Communications Law
Fasken Martineau DuMoulin LLP March 4 2010
As part of the "Building on a Strong Economic Foundation" part of the Budget, the Government has briefly touched on telecommunications and satellites.

Trade & Customs

White Collar Crime

Chile

Insurance & Reinsurance

Chile’s largest insurer estimates its insured property damage at US$45 million
Edwards Angell Palmer & Dodge March 2 2010
Chile's largest insurer, Seguros Chile, the local subsidiary of Britain's Royal Sun Alliance, has estimated that the total property damage from the recent earthquake covered under its policies will total US 45 million (33 million Euros, 30 million British Pounds).

Insured losses from Chile earthquake could reach US$ 8 billion
Edwards Angell Palmer & Dodge March 1 2010
As the insurance industry mobilizes in response to the fifth largest earthquake on record, our thoughts remain with our friends, business associates and everyone else impacted by the devastation in Chile.

China

Commercial Property

China real estate in the wake of the stimulus plan
Squire Sanders & Dempsey LLP March 5 2010
The Urban Land Institute (ULI) released its Emerging Trends in Real Estate 2010 in December and made a swing through Asia as it reported its findings.

Company & Commercial

The future of Chinese economic planning: the issues of 2010
Lehman Lee & Xu March 9 2010
The Chinese government certainly appreciates the delicate balance economic policy must strike between sustaining healthy, rapid economic development and transforming into a more domestic-consumption fueled nation.

China increases regulation of 'representative offices' established by foreign companies
Pillsbury Winthrop Shaw Pittman LLP March 4 2010
Establishing a representative office in China was traditionally a convenient way to test the waters and begin to evaluate a foreign company's China strategy.

Competition

China’s Anti-Monopoly Law merger control regime - 10 key questions answered (part I)
Mayer Brown LLP March 2 2010
China's Anti-Monopoly Law ("AML") has been in force for 19 months.

Corporate Finance/M&A

Update on foreign-invested partnerships in China - FIP measures take effect; first FIP registered; implementing rules and policies clarify scope of important new vehicle for foreign investment
Morrison & Foerster March 5 2010
This week heralds the official launch of a new structure for foreign investment — the foreign-invested partnership ("FIP") — with the long-awaited Administrative Measures on the Establishment of Partnership Enterprises in China by Foreign Enterprises or Foreign Individuals; the "FIP Measures") and their implementing rules, Regulations for the Administration of the Registration of Foreign-invested Partnership Enterprises; the "FIP Registration Regulations") both coming into effect on March 1, 2010 and local media already reporting the registration of China's first FIP.

China M&A tax issues - installment 2: ordinary versus special reorganizations in share deals and asset deals
Sheppard Mullin Richter & Hampton LLP March 4 2010
One of the two typical methods in which foreign investors can acquire a domestic Chinese company is through a share deal, which involves buying the shares or equity in the target company.

China M&A tax issues - installment I: changes in tax rules
Sheppard Mullin Richter & Hampton LLP February 26 2010
China's new tax law went into effect in January of 2008.

Corporate Tax

China's State Administration of Tax clarifies treaty treatment for technical know-how
Sheppard Mullin Richter & Hampton LLP March 5 2010
On January 26, 2010, the State Administration of Tax (the "SAT") issued another Notice on Issues Concerning Implementing Royalty Clauses in Tax Treaties (Guishuifa [2010] 46, also referred to as "Circular 46"), further clarifying treaty treatment for technical know-how.

China M&A tax issues - installment I: changes in tax rules
Sheppard Mullin Richter & Hampton LLP February 26 2010
China's new tax law went into effect in January of 2008.

E-commerce

Application of laws against electronic information crimes clarified
Lehman Lee & Xu February 25 2010
The Supreme People's Court and the Supreme People's Procuratorate have jointly issued the Judicial Interpretation (II) to further clarify the issues concerning the application of laws for handling criminal cases related to making, reproducing, publishing, selling and broadcasting obscene electronic information via the internet, mobile communications terminals and information service centres as well as the benefit chains stemming therefrom.

Environment

Plan to subsidize electronic cars
Lehman Lee & Xu March 9 2010
In a move to help alleviate the ever worsening air quality in Beijing, Miao Wei, vice-minister of Industry and Information Technology and deputy to the National People's Congress announced recently that the government plans to unveil a plan to subsidize the private purchases of electronic motor cars.

Information Technology

February a tough month for hackers
Foley Hoag LLP February 19 2010
The hacker who managed to compromise computer servers controlling a large commercial advertising screen in Moscow was arrested recently by Russian authorities.

Costa Rica

Insurance & Reinsurance

Latin American insurance and reinsurance update: Costa Rica, Mexico, Ecuador
Edwards Angell Palmer & Dodge March 2 2010
Aseguradora Mundial, the first foreign company authorized to sell insurance in the Costa Rican market, expects to roll out is first policy, an automobile insurance product, by April 2010.

Aseguradora Mundial becomes first foreign company fully authorized to do insurance business in Costa Rica
Edwards Angell Palmer & Dodge March 1 2010
Costa Rica's Insurance Regulator, Sugese, recently included Aseguradora Mundial on its list of authorized insurers, making Grupo Mundial of Panama the first foreign company with permission to conduct insurance business in the country's newly liberalized market.

Cyprus

Intellectual Property

Registrar finally approves registration of AIRKRAFT
Michael Kyprianou & Co LLC February 24 2010
On 11th December 2001 AJR Suspansiyon Sistemleri Sanayi Ve Ticaret Anonim Sirketi filed an international trademark application with the World Intellectual Property Organisation for the mark AIRKRAFT in Classes 12, 17 and 27 of the Nice Classification.

Litigation

Czech Republic

Capital Markets

Qualified Investor Funds in the Czech Republic – an investment opportunity
Squire Sanders & Dempsey LLP March 5 2010
Qualified investor funds (QIFs) are tax-driven investment vehicle structures which were created in the Czech Republic in 2006.

Commercial Property

Corporate Tax

Ecuador

Insurance & Reinsurance

European Union

Arbitration

Civic consulting study on the use of ADR in the European Union
Herbert Smith LLP February 25 2010
The Civic Consulting of the Consumer Evaluation Consortium (CPEC) published a detailed survey on 2 December 2009 into existing ADR schemes throughout the European Union and how they work.

Banking

BBA responds on crisis management
Denton Wilde Sapte LLP March 5 2010
BBA has responded to the Commission's working document on EU cross-border crisis management.

Commission consults on CRD IV
Denton Wilde Sapte LLP March 5 2010
The Commission is consulting on changes to the Capital Requirements Directive (which would form CRD IV) in seven areas.

Acting without delay to clean up financial markets
Norton Rose March 4 2010
On 16 February 2010, the European Commission published a speech given by Michel Barnier (Member of the European Commission responsible for Internal Market and Services) entitled Acting without delay to clean up financial markets.

CEBS organises a public hearing on its draft guidelines on the operational functioning of colleges
Norton Rose March 1 2010
On 17 December 2010, the Committee of European Banking Supervisors (CEBS) published draft guidelines for the operational functioning of colleges.

TARGET2-securities
Norton Rose March 1 2010
On 18 February 2010, the Governing Council of the European Central Bank considered the state of progress of the TARGET2-Securities project and approved the frozen version of the user requirements document.

ECB Executive Board member speech on monetary and fiscal reaction of euro area to financial crisis
Alston & Bird LLP March 1 2010
On Friday, José Manuel González-Páramo, a member of the Executive Board of the European Central Bank (ECB), delivered a speech in Madrid regarding the monetary and fiscal reaction of the euro area to the financial crisis.

New classification system between the reporting frameworks of the ECB and CEBS
Norton Rose March 1 2010
The Committee of European Banking Supervisors (CEBS) and the European Central Bank (ECB) have published a new classification system that seeks to reduce the reporting burden placed on entities that are required to deliver data to the Eurosystem as well as to supervisory authorities.

European Parliament rejects SWIFT's immodest proposal
Steptoe & Johnson LLP February 26 2010
The European Parliament has voted overwhelmingly to annul a temporary agreement that allowed the Society for Worldwide Interbank Financial Telecommunication (SWIFT), a Brussels-based international banking consortium, to supply financial transaction data to the U.S. Treasury's Terrorist Finance Tracking Program.

Special Committee of European Parliament holds hearing on economic crisis issues
Alston & Bird LLP February 26 2010
Today, the European Parliament's Special Committee on Financial, Economic and Social Crisis (SCRIS) held a hearing on financial issues raised by the recent economic crisis, and to discuss policymakers' responses to it.

European Commission solicits comments on further possible changes to Capital Requirements Directive
Alston & Bird LLP February 26 2010
Today, the European Commission launched a public consultation on further possible changes to the Capital Requirements Directive.

The Cross-Border Payments in Euro Regulations 2010
Norton Rose February 24 2010
On 11 February 2010, the Cross-Border Payments in Euro Regulations 2010 (the Regulations) came into force.

Capital Markets

CESR recommends short-selling disclosure regime
Denton Wilde Sapte LLP March 5 2010
CESR has recommended to the Commission a pan-European disclosure regime for net short positions in shares.

CESR publishes European short selling disclosure regime
Katten Muchin Rosenman LLP March 5 2010
On March 2, the Committee of European Securities Regulators (CESR) published proposals for a pan-European short selling disclosure regime.

FSA speaks on AIFMD
Denton Wilde Sapte LLP March 5 2010
Dan Waters spoke on the prospects for European alternative fund managers under the AIFMD.

Evaluating the prospects for the UK and European market under the Alternative Investment Fund Managers Directive
Norton Rose March 4 2010
On 25 February 2010, the FSA published a speech by Dan Waters (Director, Conduct Risk and Asset Management Sector Leader, FSA) entitled Evaluating the prospects for the UK and European market under the Alternative Investment Fund Managers Directive (the Directive).

AIFMD - draft timeline for 2010: European Parliament and European Council
Norton Rose March 4 2010
The Alternative Investment Management Association has updated its draft timeline on the European legislative process for the draft Alternative Investment Fund Managers Directive.

Model for a pan-European short-selling disclosure regime
Norton Rose March 4 2010
On 2 March 2010, the Committee of European Securities Regulators published a report to the European Institutions that recommended the introduction of a pan-European disclosure regime for net short positions in shares.

Measures adopted by CESR members on short selling - updated
Norton Rose March 4 2010
On 2 February 2010, the Committee of European Securities Regulators (CESR) updated its table setting out the regulatory measures its members have taken on short-selling.

Spanish presidency AIFM compromise proposal
Norton Rose March 4 2010
On 2 March 2010, the Spanish Presidency of the Council of the European Union published its latest compromise text of the draft Alternative Investment Fund Managers Directive.

CESR proposal to extend major shareholding notifications to instruments of similar economic effect to holding shares and entitlements to acquire shares
Norton Rose March 4 2010
On 9 February 2010, the Committee of European Securities Regulators (CESR) published a consultation paper on a proposal to extend major shareholding notifications to instruments of similar economic effect to holding shares and entitlements to acquire shares.

CESR proposals to extend the major shareholding notification regime to instruments of similar economic effect
Morrison & Foerster March 2 2010
In recent years, there has been increasing acceptance across the EU, that existing notification rules in relation to major shareholdings have become outdated and in need of amendment.

AIFM Directive dangerous for EU and UK economies, say Lords
Finers Stephens Innocent February 28 2010
The Directive on Alternative Investment Funds, as currently drafted, will have a damaging effect on the UK and EU hedge fund industries and should not be supported by the UK government, a House of Lords Committee has said.

Update on the proposed AIFM directive
Morrison & Foerster February 25 2010
The global financial crisis has focused regulatory attention on the regulation of private funds, such as hedge funds and private equity funds.

Competition

Commission approves Oracle’s proposed takeover of Sun Microsystems after thorough investigation
Squire Sanders & Dempsey LLP March 8 2010
On January 21, 2009 the EC announced that it had cleared Oracle Corporation's proposed acquisition of Sun Microsystems.

Status of U.S. shipping conference exemption
Reed Smith LLP March 2 2010
The U.S. regulatory agency charged with policing competition in the international liner shipping sector is undertaking a major study of the effects of abolishing liner conference competition exemptions by the European Union.

Daily bulletin - 1 March 2010
Mayer Brown LLP March 1 2010
The European Commission ("Commission") has cleared the proposed merger of Orange UK and T-Mobile UK, respectively France Télécom's and Deutsche Telekom's UK subsidiaries.

Corporate Finance/M&A

Derivatives

FOA announces the formation of a new European Industry Council
Norton Rose March 1 2010
The Futures and Options Association (FOA) has announced the formation of a new forum - The European Industry Council.

Employment & Labor

Age discrimination
Steptoe & Johnson LLP March 5 2010
The ECJ held in this case that a German law restricting applications to join the fire service to those under the age of 30 could be defended as a genuine occupational requirement.

EU economic growth resumes
Hammonds LLP February 25 2010
According to the European Commission's 'EU Employment Situation and Social Outlook' monthly monitor for February 2010, economic growth has resumed in the European Union, although the recovery remains fragile.

Service-related statutory notice provision held to be discriminatory
Hammonds LLP February 25 2010
The notice periods to be given by employers terminating an employee's employment under German law are regulated in Paragraph 622(2) of the German Civil Code.

The crossover between annual leave and sick leave
Bristows February 23 2010
In two ECJ cases - Stringer and others -v- HM Revenue and Customs (C-520/06) (together with the conjoined case of Schultz-Hoff -v- Deutsche Rentenversicherung Bund (C-350/06)) and Pereda -v- Madrid Movilidad SA (C-277/08) - the European Court has considered the relationship between annual leave and sick leave.

Environment

Environmental Information Regulations - Supreme Court refers interpretation of public interest test to the European Court of Justice
Herbert Smith LLP February 25 2010
The Supreme Court in Office of Communications v Information Commissioner [2010] UKSC 3 has made a reference to the European Court of Justice ("European Court") in relation to the Environmental Information Regulations 2004 ("EIR").

Healthcare

EFSA publishes second batch of opinions on health claims - 98% rejected due to poor evidence.
Hogan & Hartson LLP February 26 2010
The European Food Safety Authority (EFSA) published its second batch of opinions on Article 13.1 claims (based on generally accepted scientific evidence) on February 25, 2010.

The patentability of stem cell technology – reference to the European Court of Justice
Field Fisher Waterhouse LLP February 26 2010
On 12 November 2009, the German Federal Supreme Court referred questions to the European Court of Justice regarding the interpretation of the exclusion clause in the Biotechnology Directive which deals with the patentability of technology which involves the use of human embryos for industrial or commercial purposes.

EPO holds new and inventive dosage regimes patentable and abolishes so-called Swiss-type claims
Herbert Smith LLP February 24 2010
Last week, the Enlarged Board of Appeal ("EBA") of the European Patent Office ("EPO") announced its decision in Abbott Respiratory (G 2/08) relating to the patentability of dosage regimes.

Information Technology

Data security developments for the insurance industry
Edwards Angell Palmer & Dodge March 3 2010
In this article, we briefly review several recent developments in the data security requirements that affect insurance companies and producers with operations in the United States and Europe.

Revised model clauses for transfers to processors in non-EEA countries
Covington & Burling March 1 2010
On 5 February 2010, the European Commission adopted Decision 2010/87/EU, updating the standard contractual clauses for the transfer of personal data to processors in non-EEA countries offering an "inadequate" level of data protection.

Article 29 Working Party issues opinion on the concepts of controller and processor
Hunton & Williams LLP March 1 2010
On February 16, 2010, the Article 29 Working Party adopted Opinion 1/2010 (the "Opinion") providing further clarification and guidance on the interpretation of the concepts of "data controller" and "data processor" in the context of the EU's Data Protection Directive 95/46/EC.

Insurance & Reinsurance

Insurance and reinsurance news
Freshfields Bruckhaus Deringer LLP March 5 2010
In this issue of Insurance and reinsurance news we focus on conduct-of-insurance business and governance rules.

CEIOPS publish task force report on the Solvency II liquidity premium
Norton Rose March 4 2010
The Committee of European Insurance and Occupational Pensions Supervisors (CEIOPS) has published a task force report which has been submitted to the European Commission on the impact of allowing a liquidity premium in the risk-free rate for discounting technical provisions.

Intellectual Property

European Union takes steps towards common patent system
Dinsmore & Shohl LLP March 1 2010
In December, the European Union took important steps towards EU-wide patent protection, agreeing to several key elements of a common patent system.

Changes to divisional application practice before the European Patent Office enter into force on 1 April 2010
Edwards Angell Palmer & Dodge February 28 2010
The EPO are introducing severe restrictions to the time limit for filing divisional applications on 1 April 2010.

Introduction of further procedural changes at the European Patent Office from 1 April 2010
Edwards Angell Palmer & Dodge February 28 2010
The EPO has announced a number of new rules which will enter into force on 1 April 2010.

European Council adopts conclusions on an enhanced patent system for Europe
Field Fisher Waterhouse LLP February 26 2010
There have been some interesting developments in the attempts to simplify the European patent system.

Litigation

Product Liability

Public

Shipping & Transport

White Collar Crime

France

Banking

New supervisor for financial services and insurers in France
Norton Rose March 4 2010
A French ordinance (Ordinance no. 2010-76, dated 21 January 2010) has established a new single regulator for the financial services and insurance industries (Autorité de contrôle prudentiel).

Commercial Property

Coeur Défense: Appeal Court judgment reassures markets
Clifford Chance LLP February 26 2010
In its judgments on 25 February 2010, the Paris Court of Appeal has annulled the opening of safeguard proceedings in relation to Heart of La Défense SAS and Sàrl Dame Luxembourg.

Corporate Tax

France reinforces its set of tax measures against non-cooperative states
Latham & Watkins February 26 2010
Implementing the recommendations resulting from the G20 summits held in 2009 in a context of deep international crisis, France has reinforced its set of measures aiming at fighting against tax fraud and evasion with the corrective finance law for 20091.

E-commerce

Google held liable for copyright infringement for bulk scanning of books
McDermott Will & Emery February 28 2010
The Paris Court of First Instance's third chamber has ruled that Google Inc.’s bulk scanning of books for its Google Book Search website, done without permission from copyright holders, infringed the copyrights on hundreds of French books.

eBay loses another trademark suit in Europe
Steptoe & Johnson LLP February 26 2010
eBay has lost another lawsuit filed by Louis Vuitton Malletier ("LVM") in France.

Employment & Labor

Revised maternity leave allowance and national minimum wage rates from 1 January
Hammonds LLP February 25 2010
From 1 January 2010 the maximum daily allowance for pay during maternity leave was increased to $96.17 from $76.54.

Healthcare

Modification to proposed research legislation by the French Senate
Field Fisher Waterhouse LLP February 26 2010
At the first reading on 16 November 2009, the Senate modified the bill (Proposed legislation no. 1372), on research on human subjects, which had been adopted by the National Assembly on 22 January 2009.

Insurance & Reinsurance

Intellectual Property

eBay loses another trademark suit in Europe
Steptoe & Johnson LLP February 26 2010
eBay has lost another lawsuit filed by Louis Vuitton Malletier ("LVM") in France.

Leisure & Tourism

New hotel star rating in Paris
Mayer Brown LLP March 2 2010
The regulation of 22 December 2008 and article 10 of the Law n° 2009-888 of 22 July 2009 regarding the development and modernization of the tourism services have, 22 years after its implementation, finally reformed and updated the French hotel rating system.

Litigation

eBay loses another trademark suit in Europe
Steptoe & Johnson LLP February 26 2010
eBay has lost another lawsuit filed by Louis Vuitton Malletier ("LVM") in France.

Media & Entertainment

Securitization & Structured Finance

Germany

Banking

Bank ordered to compensate client for avoidable tax penalties
McGrigors LLP February 12 2010
In a case before the Liechtenstein High Court, LGT Treuhand (now known as Fiduco Treuhand), the largest bank in the principality, has been ordered to pay 7.3m euros compensation to one of its customers, who was prosecuted for tax evasion in Germany following the divulging of confidential data by one of the bank's employees to the German authorities.

Commercial Property

An overview article of Germany’s current real estate market
Squire Sanders & Dempsey LLP March 5 2010
In Germany the real estate market was rather unspectacular up to 2005.

Competition

German competition authority: inspections at retailers and branded products manufacturers
Squire Sanders & Dempsey LLP March 8 2010
On January 14, 2010 the German Federal Cartel Office carried out surprise inspections at the premises of 15 companies on suspicion of coordinated retail price-fixing for confectionery, coffee and pet food.

Corporate Tax

Employment & Labor

What changes will the new government introduce to employment laws in Germany?
Jones Day February 26 2010
Germany had its federal elections on September 27, 2009.

Healthcare

Information Technology

Insolvency & Restructuring

Insurance and reinsurance news
Freshfields Bruckhaus Deringer LLP February 18 2010
The recent Equitable Life case, decided by the Higher Regional Court of Celle (the OLG Celle), is the first example of a German court considering the recognition of a UK creditors' scheme of arrangement.

Intellectual Property

Litigation

Global

Arbitration

Joinder of non-signatory parties in international commercial arbitration
Steptoe & Johnson LLP March 2 2010
At least five common scenarios are usually present where an arbitrator's analysis leads to a joinder of a non-signatory to arbitration, whether sought by either signatories or non-signatories[1]These might be named as follows:non-signatory participation in contract formation, particularly, where a non-signatory played a significant role at the time of the contract formation;a single contract scheme constituted by multiple documents;implied or express acceptance of the arbitration agreement by the non-signatory, whether in the particular arbitration itself or in another forum;absence of the signatory corporate personality; andfraud or fraud-like abuse of the corporate form.

CEDR rules for the facilitation of settlement of international arbitration
Herbert Smith LLP February 25 2010
On 26 November 2009, at a conference chaired by Lord Woolf, CEDR launched its rules for the facilitation of settlement in international arbitration.

Banking

OECD looks at corporate governance and the crisis
Denton Wilde Sapte LLP March 5 2010
The OECD steering group on corporate governance has published a paper on conclusions and good practices emerging from the financial crisis.

Bank for International Settlements publishes Quarterly Review
Alston & Bird LLP March 2 2010
Yesterday, the Bank for International Settlements (BIS) published the BIS Quarterly Review to provide an overview of recent developments in financial markets.

ICC Banking Commission passes URDG 758
Dinsmore & Shohl LLP March 1 2010
At its Fall Meeting in Brussels, at the National Bank of Belgium, the International Chamber of Commerce Commission on Banking Technique and Practice voted to approve a new revision of the Uniform Rules for Demand Guarantees (ICC Publication 758).

IMF First Deputy Managing Director outlines principles for reconstructing the economy
Alston & Bird LLP February 27 2010
In opening remarks delivered on Thursday at the Korea Development Institute (KDI)/IMF Conference, John Lipsky, First Deputy Managing Director of the International Fund, outlined five basic principles for reconstructing the economy.

IMF discusses exit strategies for crisis intervention policies
Alston & Bird LLP February 24 2010
Today, the International Monetary Fund, in a published Public Information Notice, summarized the IMF Executive Board's February 17 discussions of principles for exiting from the unprecedented intervention policies resulting from the financial crisis.

New international list of 28 countries with deficient anti-money laundering and terrorist financing regimes should prompt compliance reviews
Willkie Farr & Gallagher LLP February 22 2010
On February 18, 2010, the intergovernmental Financial Action Task Force on Money Laundering (the "FATF") released a list of 28 countries having serious deficiencies in their strategies for countering money laundering and the financing of terrorist activities ("AML/CFT").

Capital Markets

IOSCO publishes risk data requirements for hedge funds
Denton Wilde Sapte LLP March 5 2010
IOSCO has published a template for global collection of hedge fund information.

IOSCO publishes template for hedge fund data collection
Katten Muchin Rosenman LLP March 5 2010
On February 25, the International Organization of Securities Commissions (IOSCO) published a template for the global collection of hedge fund data by regulators to facilitate international cooperation in identifying and assessing systemic risks which might arise from the hedge fund sector.

International regulators publish systemic risk data requirements for hedge funds
Norton Rose March 4 2010
The International Organization of Securities Commissions (IOSCO) has published details of an agreed template for the global collection of hedge fund information which it believes will assist in assessing possible systemic risks arising from the sector.

IOSCO proposes hedge fund reporting requirements
Alston & Bird LLP March 2 2010
As part of continuing efforts by regulators to monitor and limit systemic risk in the hedge fund industry, the Technical Committee of the International Organization of Securities Commissions' (IOSCO), chaired by SEC Commissioner Kathleen Casey, has published details of an agreed template for the global collection of hedge fund information.

Principles for Periodic Disclosure by Listed Entities - final report
Norton Rose March 1 2010
The Technical Committee of the International Organization of Securities Commissions (IOSCO) has published a final report entitled Principles for Periodic Disclosure by Listed Entities.

IOSCO publishes periodic disclosure principles
Stikeman Elliott LLP February 25 2010
On Monday, the International Organization of Securities Commissions (IOSCO) published a final report entitled "Principles for Periodic Disclosure by Listed Entities".

Company & Commercial

Corporate Finance/M&A

2009 annual review of venture capital financings
Foley Hoag LLP February 12 2010
This edition of EEC Perspectives provides an annual review of venture capital financings for the year ended December 31, 2009.

Derivatives

ISDA announces further industry action
Denton Wilde Sapte LLP March 5 2010
ISDA and several other industry associations and market participants have written to global supervisors confirming their further commitment to increase the robustness of OTC derivatives markets.

ISDA and IIFM announce Tahawwut Master Agreement
Denton Wilde Sapte LLP March 5 2010
ISDA and the International Islamic Financial Market have launched the ISDA/IIFM Tahawwut (Hedging) Master Agreement.

Publication of ISDA/IIFM Ta’Hawwut Master Agreement
Norton Rose March 1 2010
The International Swaps and Derivatives Association, Inc. (ISDA) and the International Islamic Financial Market (IIFM) have today published an agreed form of master agreement under which institutions may trade Shariah compliant hedging derivatives.

Environment

Copenhagen Accord or Bali Action Plan? Next steps for UNFCCC Bonn talks in April unclear
Davis LLP March 1 2010
Climate talks in 2010 might get bogged down over the role of the Copenhagen Accord - with the US on one side and the EU and major developing countries on the other.

Leisure & Tourism

Terrorism: the implications for hotel management agreements of events outside owners’ and operators' control
Mayer Brown LLP March 2 2010
Bombings and attacks on hotels in India, Indonesia and elsewhere are major concerns for hotel owners and operators alike.

Litigation

Public

G20 role needs greater clarification
Corrs Chambers Westgarth February 22 2010
The Group of 20 has the potential to provide the leadership needed for a new era of global co-operation and stability.

White Collar Crime

Guernsey

General Practice

Tort: personal injury
Bedell Cristin February 28 2010
This decision of the Royal Court in Guernsey is important as it sets out the principles to be applied when determining the measure of substantial general and special damages awarded in personal injury cases.

Litigation

Private Client & Offshore Services

UK report confirms praise from OECD, G20 and IMF
Bedell Cristin February 25 2010
The status of Jersey and Guernsey as financial centres has received a further boost from an independent study commissioned by the UK Government.

Hong Kong

Commercial Property

Revised stamp duty rates on sale or transfer of property in Hong Kong
Mayer Brown LLP February 26 2010
With reference to the Financial Secretary's 2010-11 Budget delivered on 24 February 2010, the stamp duty rates on transactions of properties valued over HK$20 million will be increased with effect from 1 April 2010.

Company & Commercial

New Companies Bill benefits trademark owners
Wilkinson & Grist March 3 2010
The Companies (Amendment) Bill 2010 was gazetted on 22nd January 2010 and is expected to be enacted by the end of the year.

Corporate Tax

Intellectual Property

Registrar finds TOMBOY mark descriptive and indistinctive
Wilkinson & Grist February 24 2010
The registrar of trademarks recently refused an application to register the word mark TOMBOY in respect of clothing, footwear and headgear in Class 25 of the Nice Classification on the grounds that the mark consists exclusively of a sign which designates the characteristics of the goods applied for.

Leisure & Tourism

Landmark case concerning the Macau gaming credit law
Mayer Brown LLP March 2 2010
We acted for Wynn Resorts (Macau) S.A., the owner of resort and casino "Wynn Macau", in its claim for credit of about HK$30 million advanced to a high-roller and obtained judgment for the same amount.

Litigation

Iceland

Banking

Talks between UK, Netherlands and Iceland on Icesave matter break down
Alston & Bird LLP February 26 2010
Yesterday, the Government of Iceland announced that the latest round of talks with the Netherlands and the United Kingdom regarding the Icesave matter have "adjourned without a final resolution."

India

Arbitration

Court annexed arbitration and mediation in New Delhi
Herbert Smith LLP February 25 2010
On 25 November 2009, in a renewed effort to promote alternate dispute resolution centres within the country, the Chief Justice of India opened the first Indian court annexed arbitration centre in New Delhi.

Intellectual Property

Madrid Protocol - updates from India
FoxMandal Little February 26 2010
On 18th December 2009, the Lower House of Indian Parliament (Lok Sabha) passed the long pending and much awaited Trademark (Amendment) Bill 2009.

Litigation

Iran

E-commerce

State Department recommends general license authorizing export of personal communications software and related services to Iran
White & Case LLP February 26 2010
The Department of State submitted a notification to Congress pursuant to the Iran-Iraq Arms Nonproliferation Act of 1992 (the Act) in which it recommends that the Office of Foreign Assets Control (OFAC) issue a general license authorizing downloads of free mass market software to Iran necessary for personal communications and sharing of information (e.g., email, chat, instant messaging and social networks) over the Internet.

Information Technology

Trade & Customs

Ireland

Arbitration

Ireland reinforces arbitration regime
A&L Goodbody March 2 2010
The Arbitration Bill 2008 (the 2010 legislation) has been passed by both houses of the Oireachtas and is awaiting the President's signature at the end of this week or early next week.

Capital Markets

A guide to re-domiciling an investment fund to Ireland
Matheson Ormsby Prentice March 2 2010
In December 2009, the Companies (Miscellaneous Provisions) Act 2009 was signed into Irish law.

Commercial Property

Provisions on rent reviews
Matheson Ormsby Prentice March 2 2010
The provisions on rent reviews contained in Section 132 of the Land and Conveyancing Law Reform Act 2009 came into effect from 28 February 2010.

Company & Commercial

Supreme Court decision on governing jurisdiction clauses
Matheson Ormsby Prentice March 2 2010
In O'Connor & Anor v Masterwood (UK) Ltd & Ors, the plaintiffs alleged that a prior agreement with a third party to the dispute which did not contain a governing jurisdiction clause should govern the arrangement.

Directors face greater scrutiny
A&L Goodbody March 2 2010
The increased scrutiny on company directors means there is an onus on them to be aware of their roles and responsibilities.

Energy & Natural Resources

Proposals on biofuel obligation
Matheson Ormsby Prentice March 2 2010
The Minister for Communications, Energy and Natural Resources has published the Energy (Bio-Fuel Obligation and Miscellaneous Provisions) Bill 2010 to establish a biofuel obligation and to give effect to provisions contained in the Renewable Energy Directive (2009/28/EC).

Litigation

E-Discovery
Matheson Ormsby Prentice March 2 2010
New court rules in relation to E-Discovery which came into effect on 16 April 2009 and apply to litigation in the Superior Courts, are now beginning to finally impact on practice.

Economic downturn highlights importance of commercial court to international business community
Matheson Ormsby Prentice March 2 2010
The speed and efficiency of the Irish Commercial Court has been the subject of considerable attention both in Ireland and abroad since it was first established in 2004.

Media & Entertainment

Significant changes to Irish defamation law to support defendants
Matheson Ormsby Prentice March 2 2010
The Defamation Act, 2009 came into force on 1 January 2010, carrying out a long-awaited overhaul of the Irish law on defamation previously contained in the (now repealed) Defamation Act, 1961.

Private Client & Offshore Services

A guide to re-domiciling an investment fund to Ireland
Matheson Ormsby Prentice March 2 2010
In December 2009, the Companies (Miscellaneous Provisions) Act 2009 was signed into Irish law.

Israel

E-commerce

Israeli soldier posts details of planned West Bank raid on Facebook
Foley Hoag LLP March 5 2010
This week the Incident of the Week title decisively goes to the Israeli soldier who updated his status on Facebook to identify the secret military raid on a town in the West Bank.

Public

Italy

Arbitration

Mediation in civil and commercial matters in Italy
Herbert Smith LLP February 25 2010
In June 2009, the Italian Senate approved reforms to the civil justice system (Law 18/2009, No. 69), including rules regulating and promoting the use of mediation in civil and commercial disputes.

E-commerce

Google privacy execs convicted - a troubling precedent
Denton Wilde Sapte LLP March 4 2010
Italian courts set a troubling precedent last week by convicting three Google executives in a criminal case.

Top Google executives found criminally liable for privacy violations
Willkie Farr & Gallagher LLP March 2 2010
Google's Chief Legal Officer, Chief Privacy Counsel, and former Chief Financial Officer were sentenced to six months in prison by an Italian court for violating the country's privacy laws.

Information Technology

Intellectual Property

Policing very much in fashion in Italy
Bugnion SpA March 1 2010
With Italy's policing bodies boasting internal departments to investigate IP infringement, and a range of actions possible, the country is well-geared to tackle the counterfeiting threat.

Leisure & Tourism

Italian state aids to the hotel industry
Mayer Brown LLP March 8 2010
The Italian Government is now deeply involved in several activities aimed at increasing the competitiveness of the Italian tourism sector which currently engages almost 3 million employees and a share of GDP in excess of 10%.

Litigation

Trade & Customs

Japan

Arbitration

Creation of ADR framework for financial services in Japan
Herbert Smith LLP February 25 2010
"The Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures" (the "ADR Promotion Law") was promulgated on 1 December 2004 and came into effect on 1 April 2007.

Banking

Capital Markets

Insurance & Reinsurance

Jersey

Banking

Depositor compensation scheme established
Bedell Cristin February 25 2010
The Banking Business (Depositors Compensation) (Jersey) Regulations 2009 came into force on 6 November 2009, establishing a compensation scheme providing individual depositors with protection of up to £50,000 per person, per Jersey banking group, in the event of the bankruptcy of a Jersey bank.

International agreements
Bedell Cristin February 25 2010
The Jersey Financial Services Commission (the "Commission") has recently signed Memoranda of Understanding with Poland and Belgium.

Commercial Property

Land Transactions Tax launched
Bedell Cristin February 25 2010
The Taxation (Land Transactions) (Jersey) Law 2009 (the "Law") came into force on 1 January 2010, establishing a Land Transaction Tax ("LTT") on dealings in shares giving the right of occupation to share transfer flats (including dealings relating to beneficial interests only) and the creation of security interests in such shares.

Company & Commercial

Jersey companies law update
Bedell Cristin February 25 2010
The Companies (Amendment No. 10) (Jersey) Law 2009 came into force on 6 November 2009.

Corporate Tax

International agreements
Bedell Cristin February 25 2010
The Jersey Financial Services Commission (the "Commission") has recently signed Memoranda of Understanding with Poland and Belgium.

Employment & Labor

Jersey Employment Tribunal proceedings: meaning of a "week's pay"
Bedell Cristin February 28 2010
In this Jersey Employment Tribunal case, the applicant, a mechanic, had succeeded at a liability hearing on unfair dismissal.

Insolvency & Restructuring

Litigation

Chvetsov -v- BNP Paribas Jersey Trust Corporation Limited [2009]JCA157
Bedell Cristin February 28 2010
This judgment of the Jersey Court of Appeal is helpful in reaffirming the test for leave to appeal and, also, in confirming that a nominee is a bare trustee and, as such, cannot be said to owe any duty under the trust or in tort to the beneficiaries (albeit that the court did acknowledge that the facts of a particular case might give rise to such a duty).

Private Client & Offshore Services

Jersey trusts law update
Bedell Cristin February 25 2010
The proposed amendments to the Trusts (Jersey) Law 1984 which were the subject of public consultation in 2008 are now being taken forward, with a view to a draft Law being submitted to the States of Jersey during the Spring of 2010 and, if approved, coming into force by the end of the year or early in 2011.

White Collar Crime

Money Laundering Order amended
Bedell Cristin February 25 2010
The Money Laundering (Amendment No. 4) (Jersey) Order 2010 came into force on 18 January 2010.

Liechtenstein

Banking

Corporate Tax

Information Technology

Litigation

Luxembourg

Intellectual Property

Leisure & Tourism

Macau

Leisure & Tourism

Litigation

Mexico

Competition

Federal Competition Commission fines television network US$3.7 million
Squire Sanders & Dempsey LLP March 8 2010
On November 20, 2009 Mexico’s Federal Competition Commission (CFC) concluded that Grupo Televisa S.A. de C.V. – Mexico’s largest television network – violated the federal competition law by denying retransmission of its television signals to its competitor, Tele Cable Occidente.

Insurance & Reinsurance

Media & Entertainment

White Collar Crime

Foreign Corrupt Practices Act in Mexico - implementing FCPA compliance programs and mitigating risk
Squire Sanders & Dempsey LLP February 28 2010
With Mexico as the third largest trading partner of the United States, US-based companies conducting business there must take steps to minimize the risk of FCPA violations.

Netherlands

Banking

Banking Code published
De Brauw Blackstone Westbroek February 23 2010
The Banking Code has been published in the Government Gazette and entered into force on 1 January 2010.

Court of Audit’s report on the financial crisis
De Brauw Blackstone Westbroek February 23 2010
The Court of Audit has published a report summarizing the developments in the financial crisis and containing an update on the interventions and arrangements made by the Ministry of Finance in response to the financial crisis.

Dutch Central Bank publishes 2010 supervision themes
De Brauw Blackstone Westbroek February 23 2010
The Dutch Central Bank has published DNB supervision: themes in 2010 (in Dutch; summary in English).

Measures on remuneration policy in financial enterprises
De Brauw Blackstone Westbroek February 23 2010
Minister Bos of Finance has informed the Second Chamber of parliament on the remuneration policy of financial enterprises (in Dutch).

Tightening of rules on payment of commissions and transparency of remuneration
De Brauw Blackstone Westbroek February 23 2010
The Decree on Conduct of Business Supervision of Financial Undertakings was amended on 1 January to tighten the rules on payment of commissions and transparency of remuneration.

Capital Markets

AFM consultations
De Brauw Blackstone Westbroek February 23 2010
Companies which are exempt from supervision by the AFM or from licence or prospectus obligations are required by law to notify investors of the exemption.

New FMSA translation
De Brauw Blackstone Westbroek February 23 2010
The Ministry of Finance has published a new translation of the Financial Markets Supervision Act (text as per 1 April 2009).

AFM publications
De Brauw Blackstone Westbroek February 23 2010
The AFM has published three interpretations (in Dutch) of the public offer rules (as set out in the Public Offers Decree.

Update on amendment of Financial Markets Supervision Act and delegated regulations
De Brauw Blackstone Westbroek February 23 2010
Other than planned, this amending legislation has not yet come into force.

Sixth memorandum of amendments to proposed Financial Markets Amendment Act 2010
De Brauw Blackstone Westbroek February 23 2010
The proposed Financial Markets Amendment Act 2010 introduces an obligation to inform the public that there is no supervision when securities are offered that are exempt, pursuant to section 5:3.1 FMSA, from the prohibition on offering securities to the public without a prospectus.

Insurance & Reinsurance

Intellectual Property

Leisure & Tourism

New Zealand

Banking

Govt provides more detail on how financial advisers regime will work
Chapman Tripp March 4 2010
Four Cabinet papers on the regulations to implement the Financial Advisers Act (FAA) and the Financial Service Providers (Registration and Dispute Resolution) Act (FSPA) have been publicly released.

Capital Markets

E-commerce

Insurance & Reinsurance

Intellectual Property

Litigation

Media & Entertainment

Poland

Litigation

E-courts opened
Baker & McKenzie March 2 2010
On 1 January 2010, the first internet courts with jurisdiction over simple civil cases were opened in Poland.

Portugal

Intellectual Property

Portuguese authorities step up the fight
Garrigues March 1 2010
Over the last few years, both Customs and the courts have become more proactive in the fight against fake goods, with the new Industrial Property Code set to provide further clarification on the extent of IP rights.

Romania

Employment & Labor

Employment - legislative retrospective
Voicu & Filipescu SCA February 28 2010
The fines inflicted on employers that do not comply with the legal provisions regulating the conclusion of the individual employment agreement were increased by an amendment to the Labour Code introduced by Law no. 331/2009 amending point (e) of paragraph (1) under Article 276 of Law no. 53/2003 - Labour Code, published in the Official Gazette, part 1, no.779 of November 13, 2009.

Russia

Information Technology

White Collar Crime

2nd Russia and CIS Summit on Anti-Corruption
Squire Sanders & Dempsey LLP February 28 2010
Companies around the globe that conduct business in Russia and the Commonwealth of Independent States (CIS) face complex anticorruption challenges.

Singapore

Trade & Customs

CITA requests comments on Singapore’s request for consultations under USSFTA
White & Case LLP March 3 2010
On February 8, 2010, the Committee for the Implementation of Textile Agreements (CITA) published in the Federal Register its request for comments on the Government of Singapore's request for consultations with the United States for the purpose of modifying the rules of origin for certain apparel products under the US-Singapore Free Trade Agreement (USSFTA).

South Africa

Banking

Different taxation regime for banks and finance companies?
Cliffe Dekker Hofmeyr Inc February 18 2010
Currently banks are taxed on the basis that interest which they pay in respect of the so-called "pool of funds" is deductible.

Competition

The fine line between market dominance and abuse
Edward Nathan Sonnenbergs March 9 2010
When William Shakespeare wrote the words "O, it is excellent to have a giant's strength: but it is tyrannous to use it as a giant" in Measure for Measure, the complexities of competition law and market regulation could not have been further from his mind.

Corporate Tax

Closure of sophisticated tax loopholes
Cliffe Dekker Hofmeyr Inc February 18 2010
During his budget speech Mr Pravin Gordhan amongst others announced that the Government will take further steps to reduce tax avoidance and specifically sophisticated tax avoidance arrangements such as the use of transfer pricing and cross-border mismatches.

Branches and thin capitalisation
Cliffe Dekker Hofmeyr Inc February 18 2010
The thin capitalisation rules refer to cross-border loan financing which are provided by non-resident investors that are disproportionately large in relation to the equity (fixed capital) of a South African company.

Death, taxes and death taxes
Cliffe Dekker Hofmeyr Inc February 18 2010
We must pay taxes.

Amendment of tax system to cater for Islamic-compliant finance
Cliffe Dekker Hofmeyr Inc February 18 2010
It was announced as part of the budget proposals on 17 February 2010 that the legislature will consider the introduction of specific legislation to deal with Islamic-compliant finance.

Employment & Labor

Affirmative action not an absolute shield
Deneys Reitz Inc March 1 2010
In a landmark affirmative action case, the Labour Court found that the South African Police Services' failure to appoint Captain Barnard, a white female, in the position of Superintendent of the Complaints Investigation Unit, in circumstances where the SAPS failed to fill the position at all, constituted unfair discrimination.

Dishonesty does not always warrant dismissal
Deneys Reitz Inc February 25 2010
Dishonesty of an employee does not always warrant dismissal.

Second generation transfers
Deneys Reitz Inc February 25 2010
In NEHAWU versus University of Cape Town and Others, the Constitutional Court expressed the view that s197 of the Labour Relations Act does more than just protect the workers against job losses.

Paternity leave: what are your rights?
Deneys Reitz Inc February 23 2010
When it's time to take home that new little bundle of joy, how long can you stay off work?

Litigation

Dishonesty does not always warrant dismissal
Deneys Reitz Inc February 25 2010
Dishonesty of an employee does not always warrant dismissal.

Private Client & Offshore Services

Death, taxes and death taxes
Cliffe Dekker Hofmeyr Inc February 18 2010
We must pay taxes.

Spain

Corporate Tax

New measure to ease taxation of redundancy severance payments
Hammonds LLP February 25 2010
In Spain, one way to terminate employment contracts is via collective redundancy proceedings based on economic, technical, organisational or production reasons (known in Spain as 'ERE').

Employment & Labor

General Practice

English High Court finds that Rome II applies to a motor compensation dispute
Edwards Angell Palmer & Dodge March 4 2010
The High Court ruled, in Clinton David Jacobs v Motor Insurers' Bureau [2010] EWHC 231 (QB), that under European Union Regulation 864/2007 (Rome II), Spanish law applied in the case of a UK resident seeking compensation for serious injuries sustained in Spain, at the hands of an uninsured driver, then resident in Spain.

Information Technology

Less requirements for the use of video surveillance devices
Baker & McKenzie March 2 2010
Before the enactment of Act 25/2009, which entered into force on 27 December 2009, CCTV activities in Spain required the express consent of the data subjects, unless the underlying data processing activities were expressly authorised under existing laws or regulations.

Insurance & Reinsurance

Litigation

Telecommunications

Telecommunications Market Commission issues resolutions on the financing of the Universal Service Fund
Baker & McKenzie March 2 2010
The Spanish Telecommunications Market Commission (TMC) has issued a Resolution finding that Telefonica, Movistar, Vodafone and France Telecom are the operators that must contribute to the financing of the Universal Service Fund, which as of 2006 amounted to 75.34 million.

Thailand

Commercial Property

Thai property transfer fees back to normal
Mayer Brown LLP March 3 2010
Purchasers and developers have until 26 March 2010 to take advantage of the property transfer rebates introduced by the Thai government in 2008.

Environment

Map Ta Phut
Clifford Chance LLP March 1 2010
The Map Ta Phut Industrial Estate was established in 1988 as part of the Thai Government's policy to develop the eastern seaboard of Thailand.

Litigation

Map Ta Phut
Clifford Chance LLP March 1 2010
The Map Ta Phut Industrial Estate was established in 1988 as part of the Thai Government's policy to develop the eastern seaboard of Thailand.

Ukraine

Commercial Property

Business issues affecting the current real estate market in Ukraine
Squire Sanders & Dempsey LLP March 5 2010
Between 2005 and 2008, Ukraine became one of the most attractive markets for investing in real estate.

United Kingdom

Arbitration

The show is not over…unless the parties say it is - when is an arbitrator's award final, conclusive and binding on the parties?
Mayer Brown LLP March 2 2010
Hotel Agreements often choose to have arbitration as the final dispute resolution mechanism due to the relative ease of enforcing arbitration awards overseas.

Disputes arising under two contracts referred to a single adjudicator: Supablast (Nationwide) Ltd v Story Rail Ltd [2010]
Fenwick Elliott Solicitors March 1 2010
Story resisted Supablast's attempts to enforce an adjudicator's decision on the grounds that the adjudicator did not have jurisdiction to decide the final account dispute as there were two contracts for the works, one for the blasting, painting and scaffolding and another for steelwork.

Use of CPR Part 8 proceedings to sever an adjudicator’s decision: Geoffrey Osborne Ltd v Atkins Rail Ltd [2009]
Fenwick Elliott Solicitors March 1 2010
[2009] EWHC 2425 TCCGOL and ARL were the parties to two cross-applications before the TCC.

A new era of arbitration in Scotland
Shepherd & Wedderburn LLP February 26 2010
The law relating to arbitration in Scotland has long been regarded as unsatisfactory and not fit for purpose in a 21st century commercial environment.

Court rules that mediation and adjudication can run concurrently
Herbert Smith LLP February 25 2010
In Ericsson AB v EADS Defence & Security Systems Ltd [2009] EWHC 2598 (TCC) the court ruled that express wording was needed if parties wanted to make types of dispute resolution mutually exclusive.

Civil Mediation Council (CMC) publishes interim report on survey
Herbert Smith LLP February 25 2010
The Civil Mediation Council (CMC) was established in the UK in 2003 to be a neutral and independent body to represent and to promote civil and commercial mediation as alternatives to litigation.

Lord Justice Jackson's review of civil litigation costs - views on ADR
Herbert Smith LLP February 25 2010
The final report in Lord Justice Jackson's year-long costs review was published on 14 January 2010.

Adjudication: natural justice and the slip rule
Norton Rose February 22 2010
The courts have made it clear on many occasions that provided the adjudicator is acting within his jurisdiction, the fact that he has answered the relevant factual or legal questions incorrectly, even if the error is mathematical, does not affect the enforceability of the decision.

Construction of contracts: priority of documents
Norton Rose February 22 2010
In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail.

Adjudication: mistake in adjudicator’s decision
Norton Rose February 22 2010
As noted in our report on Rok Building Limited v Celtic Composting Systems Limited (No 2) [2010] EWHC 66 (TCC), the general position is that the court will enforce adjudicator's decisions even if the adjudicator has made an error, unless the adjudicator had no jurisdiction to decide the dispute or there has been a breach of natural justice.

ACAS pre-claim conciliation service
Morton Fraser February 17 2010
The valuable role which ACAS play once an Employment Tribunal claim is raised is reasonably well known.

Correcting adjudicators' mathematical errors
Herbert Smith LLP February 17 2010
For better or worse, adjudication is a "rough and ready" form of justice.

Words, words, words: the use of general words to incorporate arbitration provisions
Wragge & Co January 29 2010
The judgment followed an application by Habas Sinai VE Tibbi Gazlar Isthisal Endustri A.S. (Habas) under section 67 of the Arbitration Act 1996 (the Act) challenging an interim final award by a London Court of International Arbitration (LCIA) tribunal on jurisdiction.

Aviation

Religious discrimination
Morton Fraser March 5 2010
The long running case of Eweida v British Airways has recently been considered by the Court of Appeal which concluded that Mrs Eweida, a Christian, was not discriminated against as a result of BA's refusal to allow her to wear a visible cross, in accordance with its uniform policy which did not allow visible jewelry.

Banking

Up next from FSA
Denton Wilde Sapte LLP March 5 2010
Among publications due from FSA before the end of March are feedback on mortgage review DP and advice and charging under the Retail Distribution Review.

FSA speaks to building societies on governance
Denton Wilde Sapte LLP March 5 2010
Graeme Ashley-Fenn spoke to building societies on corporate governance issues.

BBA meets Barnier
Denton Wilde Sapte LLP March 5 2010
A high-level group of British banks met the internal market Commissioner, Michel Barnier.

Michel Barnier speaks to BBA
Denton Wilde Sapte LLP March 5 2010
Michel Barnier, speaking to the BBA, highlighted as his priorities the need for well-supervised, responsible and well-capitalised financial institutions.

BBA responds on crisis management
Denton Wilde Sapte LLP March 5 2010
BBA has responded to the Commission's working document on EU cross-border crisis management.

OFT puts requirements on website promoter
Denton Wilde Sapte LLP March 5 2010
OFT has imposed requirements on Reset Finance Ltd.

Turner opens hearing on "too-big-to-fail"
Denton Wilde Sapte LLP March 5 2010
Lord Turner, speaking at the opening of the Treasury Select Committee hearing on "too-big-to-fail", stressed the measures for dealing with systemically important institutions are important but would not alone be a sufficient response to the financial crisis.

FSA makes new rules on fines
Denton Wilde Sapte LLP March 5 2010
FSA made four sets of new rules at its February board meeting.

FSA speaks on living wills
Denton Wilde Sapte LLP March 5 2010
Thomas Huertas spoke on the importance of working out whether the living wills proposals can work in practice.

FSA explains new ILAS waiver
Denton Wilde Sapte LLP March 5 2010
FSA has published guidance on its "simplified ILAS waiver" for firms with straightforward liquidity risks, available by using a modification by consent under BIPRU 12.6.

Financial Ombudsman Service publishes second set of complaints data
Edwards Angell Palmer & Dodge March 4 2010
The Financial Ombudsman Service (FOS) has recently published its second set of consumer complaints data relating to individual financial businesses (which includes insurance companies, banks and investment firms) for the six-month period from 1 July to 31 December 2009.

Goldsmith Williams v Travelers Insurance Company Ltd - condoning dishonesty
Mills & Reeve LLP March 4 2010
The dishonesty exclusion in a professional indemnity policy applied where a director of the solicitors’ firm Joshua & Usman Legal Services Limited (JULS), Ms Usman, had condoned a state of affairs which allowed her fellow director, Mr Atikpakpa, to perpetrate two mortgage frauds in which the firm had acted for the lenders.

Lehman case blows a hole in FSA's client money rules
Edwards Angell Palmer & Dodge March 3 2010
Protecting clients' money and assets has been a pillar of the UK financial regulatory regime.

CLLS response to HM Treasury consultation paper on mortgage regulation
Norton Rose March 1 2010
The City of London Law Society (CLLS) has published its response to the Treasury consultation on mortgage regulation.

Modification by consent of SUP 16.12.5R and GENPRU 1.2.2R(1)
Norton Rose March 1 2010
The FSA has published a new web page advising firms that it has issued a modification by consent of SUP 16.12.5R and GENPRU 1.2.2R(1).

RBS announces Q4 and year-end results
Alston & Bird LLP February 28 2010
On Friday, Royal Bank of Scotland Group (RBS) released its fourth quarter and full-year results for 2009.

Assumptions about benefits of financial activity "need to be challenged" says FSA chief
Finers Stephens Innocent February 28 2010
A consensus that supports unlimited growth in the financial markets is based "more on ideology than on firm evidence," FSA chairman Adair Turner argued in a speech made on 15th February.

FSA time limit changes "unnecessary and perplexing" says FSI lawyer
Finers Stephens Innocent February 28 2010
The UK's recently-published Financial Services Bill includes amongst its many aspects a provision which would amend time-limits in respect of actions that the Financial Services Authority can bring against individuals.

FSA client money and assets report
Mayer Brown LLP February 28 2010
During 2009, the FSA conducted thematic visits to a range of intermediary firms to review compliance with client money and custody requirements.

New FSA approved person regime deadline
Mayer Brown LLP February 28 2010
On 6 February 2010, the transitional period ended for firms to bring themselves into compliance with the FSA's new approved person regime for "significant influence" functions.

FRC consults on Stewardship Code for Institutional Investors
Shepherd & Wedderburn LLP February 26 2010
In January 2010, the Financial Reporting Council (FRC) published its consultation paper on a Stewardship Code for Institutional Investors.

UK Treasury to discontinue special guarantees for Northern Rock retail deposits
Alston & Bird LLP February 26 2010
On Wednesday, the U.K. Treasury announced plans to end its guarantees for Northern Rock plc’s retail deposits, starting at the close of business on May 24, 2010.

The empty warehouse – who bears the losses?
Clifford Chance LLP February 25 2010
The recent summary judgment of Mr Justice Burton in Royal Bank of Scotland plc v Highland Financial Partners LP and others [2010] EWHC 194, reminds CDO market participants to be clear as to who bears losses when a warehousing of loans is not successfully re-financed in the capital markets.

The Cross-Border Payments in Euro Regulations 2010
Norton Rose February 24 2010
On 11 February 2010, the Cross-Border Payments in Euro Regulations 2010 (the Regulations) came into force.

MoU between the Bank of England and the FSA regarding the oversight of payment systems
Norton Rose February 24 2010
On 2 February 2010, the FSA and the Bank of England (BoE) announced that they had signed a Memorandum of Understanding (MoU) which is intended to help facilitate effective communication and cooperation in respect of the oversight of payment systems.

Consultation on draft regulations concerning information disclosure and publication provisions relating to the Bank of England under Part 5 of the Banking Act 2009
Norton Rose February 24 2010
Section 204(1) of the Banking Act 2009 (the Act) confers a power on the Bank of England (BoE) to obtain information for specified purposes in connection with its functions under Part 5 of the Act (this includes assisting the Treasury in determining whether to specify a system as a recognised system under section 184 of the Act).

Bankers’ bonus payments
Morton Fraser February 23 2010
The issue of bankers’ bonuses has been in the news a fair bit recently.

FSA times limits: why the change?
Finers Stephens Innocent February 11 2010
There has been much discussion about the provisions of the Financial Services Bill, which was the subject of a report to the House of Commons on 25 January 2010 and which is now before the House of Lords.

Capital Markets

AIMA pleased with reports
Denton Wilde Sapte LLP March 5 2010
AIMA is pleased with both FSA's report that concluded the European hedge fund industry does not pose systemic risk and CESR's acknowledgement of the values of short selling.

FSA makes new rules on fines
Denton Wilde Sapte LLP March 5 2010
FSA made four sets of new rules at its February board meeting.

FSA speaks on bond markets
Denton Wilde Sapte LLP March 5 2010
Sally Dewar spoke on regulatory challenges and developments in the bond markets.

FSA speaks on AIFMD
Denton Wilde Sapte LLP March 5 2010
Dan Waters spoke on the prospects for European alternative fund managers under the AIFMD.

Assessing possible sources of systemic risk from hedge funds
Norton Rose March 4 2010
On 23 February 2010, the FSA published a paper which was entitled Assessing possible sources of systemic risk from hedge funds.

List! issue 24
Norton Rose March 4 2010
On 2 March 2010, the UKLA published a special edition of its magazine List!, which contained a major article on the interaction between working capital statements and risk factors.

House of Lords EU Committee - Directive on Alternative Investment Fund Managers
Norton Rose March 4 2010
On 10 February 2010, the House of Lords EU Select Committee published a report on the draft Alternative Investment Fund Managers Directive.

Financial Service Authority wins appeal case on co-operation with overseas regulators
Edwards Angell Palmer & Dodge March 4 2010
The Financial Services Authority (FSA) went to the Court of Appeal to seek clarification regarding its obligation to co-operate with the Securities and Exchange Commission (SEC).

Policy Statement 10/3: Funds of Alternative Investment Funds (FAIFs)
Norton Rose March 4 2010
On 26 February 2010, the FSA published Policy Statement 10/3: Funds of Alternative Investment Funds (FAIFs) (PS10/3).

FMLC - AIFM Directive: legal risks
Norton Rose March 4 2010
On 2 February 2010, the Financial Markets Law Committee published its latest paper on the draft Alternative Investment Fund Managers Directive.

"Short-selling disclosure rules will hit equity markets" says fund association
Finers Stephens Innocent February 28 2010
Public short-selling disclosure requirements ("public SSDR") will reduce short-selling in the equity markets and have "detrimental impacts" upon them by withdrawing valuable liquidity, according to a report sponsored by the Managed Funds Association.

FSA v Amro International: FSA not required to second guess SEC on scope of requests for documents
Mayer Brown LLP February 26 2010
The English Court of Appeal has overturned a High Court decision which held that the FSA had acted improperly in requiring a firm of London based accountants to produce documents requested by the SEC and which the SEC claimed were relevant to a civil action which the SEC was conducting in New York.

Changes to AIM Rules
Morrison & Foerster February 23 2010
On 17 February 2010, the London Stock Exchange published AIM Notice 36 (the "Notice") together with the February 2010 version of the AIM Rules for Companies (the "AIM Rules").

Madoff-related developments
Winston & Strawn LLP February 8 2010
A series of events occurred this week relating to Bernard Madoff's Ponzi scheme.

Commercial Property

The state of the UK’s real estate market
Squire Sanders & Dempsey LLP March 5 2010
The credit crunch on the worldwide real estate market adversely affected almost every real estate asset class offering both traditional and more liquid forms.

Clarification on Scottish law perspective
MacRoberts March 4 2010
Further to our Real Estate e-update of 3 March - A Long-outstanding Rent Review Can Still Pack a Punch - we provide the following update for clarification on the issue of whether the case of Bello v Ideal View alters the law in Scotland as established by the cases of Banks v Mecca Bookmakers (Scotland) Ltd and Waydale Ltd v MRM Engineering.

A long-outstanding rent review can still pack a punch
MacRoberts March 3 2010
There has been a timely reminder in the recent case of Bello v Ideal View that delay in instigating a rent review, even a very long delay, is not necessarily a bar to a successful recovery by the landlord of a backdated uplift of rent.

Enforceability of guarantees - bad news for landlords
Reed Smith LLP March 2 2010
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.

Barber v London Borough of Croydon
Coffin Mew LLP March 2 2010
In this case the Defendant was a tenant of the authority having been placed in temporary accommodation under the homelessness provisions of the Housing Act 1996.

New planning fees regulations
Norton Rose March 1 2010
New fee regulations came into force on Friday 26th February 2010 which will make it considerably cheaper for developers to obtain an extension of an existing planning permission granted before 1st October 2009 which has not yet expired or to apply for minor amendments to an existing permission.

IPC fees regulations 2010
Norton Rose February 28 2010
The Infrastructure Planning Commission (IPC) was established by the Planning Act 2008 and will be the body responsible for the consenting of nationally significant infrastructure projects (NSIPs).

Charging
Bevan Brittan LLP February 26 2010
DCLG: Circular 01/2010 - The Building Act 1984,The Building (Local Authority Charges) Regulations 2010: New provision for local authority building control charges: draws attention to the Building (Local Authority Charges) Regulations 2010 (SI 2010/404) which revoke and replace SI 1998/3129 as from 1 April 2010.

From the courts
HBJ Gateley Wareing February 26 2010
We regularly see cases before the courts where clients have entered into transactions without taking proper advice and have ended up going to court to thrash out the nature of trusts that they have set up and the tax consequences.

Interim guidance on Section 75 planning agreements
Shepherd & Wedderburn LLP February 26 2010
Even planning circulars are not immune to the effects of the recession.

Two-and-a-half cheers from landlords?
Collyer Bristow LLP February 19 2010
The recent decision of His Honour Judge Purle QC in Goldacre (Offices) Limited -v- Nortel Networks (UK) Limited (in administration) [2009] EWHC3389 is almost all good news for landlords with insolvent tenants.

Landlord and tenant - damages for breach of a repairing covenant
Wragge & Co February 15 2010
In Van Dal Footwear Ltd v Ryman Ltd, Ryman's lease of premises had expired.

It's the last straw (or Mr Fidler's planning fiddle!)
Wragge & Co February 15 2010
Two recent cases show how it is both possible and impossible to defeat the planning system!

Company & Commercial

Governance
Bevan Brittan LLP March 3 2010
Healthy NHS Board: Principles for good governance - this guide from the NHS National Leadership Council explains what good governance means for health organisations and their boards.

English conflicts-of-law note on law applicable to agency relations
Steptoe & Johnson LLP March 2 2010
From the outset, an important distinction must be made between two separate relationships, viz. that between the principal and the agent, and that between the third party and the principal which may or may not come about as a result of the agent’s activity on behalf of the principal.

Corporate manslaughter
Bevan Brittan LLP February 26 2010
Sentencing Guidelines Council: Corporate manslaughter and health and safety offences causing death: this guidance sets out principles to guide courts in dealing with companies and organisations that cause death through a gross breach of care or where breach of health and safety requirements are a significant cause of death.

Meaning of “subsidiary” considered
Morton Fraser February 26 2010
The Companies Act definitions of "subsidiary" and "holding company" are commonly used in contracts to refer to the wider corporate groups of the contracting parties.

Director held personally liable for fraud
Morton Fraser February 26 2010
The English High Court has recently found a director personally liable for fraudulent misrepresentations made by a company of which he was sole director.

New information requirements for service providers
Morton Fraser February 26 2010
On 28 December 2009, the Provision of Service Regulations 2009 brought into force new legal obligations specifying the information that service providers must provide to their customers.

The definition of “subsidiary” in the Companies Act 1985 - Enviroco Ltd v Farstad Supply A/S
Norton Rose February 22 2010
The Court of Appeal (CA) has handed down what many consider to be a surprise decision which reversed a High Court judgment on the meaning of "subsidiary" under sections 736 and 736A of the Companies Act 1985 (now reproduced in section 1159 of the Companies Act 2006).

Phillips v the Commissioners for HMRC
Farrer & Co LLP February 19 2010
This recently-reported case of Phillips v The Commissioners for Her Majesty's Revenue & Customs examined the nature of the partnership relationship and gave us a helpful reminder of the guidance that the Partnership Act 1890 ("the Act") provides when seeking to determine whether a partnership exists.

Collective legal actions - the proposed role and powers of the consumer advocate in the UK
Clifford Chance LLP February 18 2010
In July 2009 the UK Government published its White Paper "A Better Deal for Consumers: Delivering Real Help Now and Change for the Future".

Share valuation – Grays Timber Products Limited v HMRC revisited
Freshfields Bruckhaus Deringer LLP February 17 2010
In April 2009's Quarterly Bulletin we discussed the decision in Grays Timber Products Ltd which looked at how to determine the market value of a share.

A vote of confidence for "Wrotham Park damages"
Bristows February 15 2010
A recent decision of the Privy Council considered the circumstances in which an innocent party is entitled to claim compensation above and beyond financial loss actually suffered as a result of a contractual breach of confidence.

At an economic loss
Bristows February 15 2010
The Commercial Court has again found against a supplier of IT services that was seeking to rely on an exclusion of various classes of "economic" loss to avoid a damages claim from an aggrieved customer.

BSkyB v EDS - the judgement is out
Bristows February 15 2010
On 26 January 2010 the Technology and Construction Court finally handed down judgment in the epic battle between BSkyB and EDS.

Competition

Construction

Liquidated damages clauses unenforceable as penalties
Herbert Smith LLP February 24 2010
In our last newsletter we discussed the basic principles of liquidated damages clauses.

Correcting adjudicators' mathematical errors
Herbert Smith LLP February 17 2010
For better or worse, adjudication is a "rough and ready" form of justice.

Corporate Finance/M&A

Private equity briefing - tax edition
Herbert Smith LLP February 26 2010
This tax briefing is suggested reading for persons in the private equity sector.

Corporate Immigration

National Insurance and secondees
Steptoe & Johnson LLP March 5 2010
From 1 May 2010 under new EU Regulations employees relocating to another European country will automatically pay National Insurance under their home country system for up to 2 years.

Corporate Tax

UK tax treatment of dividends paid following capital reductions: UK Government clarification
Baker & McKenzie March 3 2010
Earlier this month, we published an alert which described a new approach by HM Revenue & Customs ("HMRC") to the UK tax treatment of dividends paid out of reserves by a UK company following a reduction of capital.

HM Treasury & HMRC publish long-awaited discussion document on proposals for CFC reform
Baker & McKenzie March 3 2010
HM Treasury and HM Revenue & Customs ("HMRC") have published their eagerly anticipated discussion document on proposals for reform of the UK's controlled foreign companies ("CFC") rules.

Transfer pricing - Treasury issues 2010
Field Fisher Waterhouse LLP March 2 2010
The results of tax surveys of tax and finance directors consistently show that transfer pricing is the tax risk of greatest concern for multi-national enterprises.

UK residence and the Gaines-Cooper case
Morrison & Foerster February 26 2010
On 16 February 2010, the Court of Appeal released its decision in R (on the application of Davies, James & Gaines-Cooper) v HM Revenue & Customs ("HMRC").

Capital gains tax to increase?
HBJ Gateley Wareing February 26 2010
A majority of advisers are forecasting that 2010 will see capital gains tax being increased from its current relatively low rate of 18%.

The pre-budget report
HBJ Gateley Wareing February 26 2010
With the exception of a further increase in the rate of national insurance contributions, the Chancellor's pre-budget report last December was probably most notable for not announcing as many tax rises or spending cuts as had been anticipated.

Income tax increase for trusts
HBJ Gateley Wareing February 26 2010
Readers will be well aware that from 6 April 2010 the top rate of income tax is to increase to 50%.

Private equity briefing - tax edition
Herbert Smith LLP February 26 2010
This tax briefing is suggested reading for persons in the private equity sector.

HMRC updates Inheritance Tax Manual to include guidance on pensions
Norton Rose February 22 2010
HM Revenue & Customs (HMRC) has added new guidance related to pension schemes to its inheritance tax (IHT) manual online.

The Inheritance Tax (Qualifying Non-UK Pension Schemes) Regulations 2010
Norton Rose February 22 2010
The above Regulations came into force on 15 February 2010 and restore to qualifying non-UK pension schemes the protection from inheritance tax charges that was lost after A-Day.

HMRC confirms notional earnings cap
Norton Rose February 22 2010
HMRC has confirmed that the notional earnings cap for the tax year 2010/11 will be £123,600 - this is the last year that a notional earnings cap will be published.

E-commerce

What's up with UK WiFi?
Duane Morris LLP March 2 2010
In an earlier blog titled "Hotspots Can Be Black Holes of Hacking Danger," you were informed that three major UK WiFi networks were possibly susceptible to hacker attacks, making network users vulnerable to potential fraudulent activities.

Employee Benefits & Pensions

Pension age
Steptoe & Johnson LLP March 5 2010
On 6 April 2010 the normal minimum pension age will increase from 50 to 55.

FSA fines director for poor pensions switching compliance
Denton Wilde Sapte LLP March 5 2010
FSA has fined the director of an IFA £49,000.

Abbey Life takes longevity risks from BMW's UK pension scheme
Norton Rose March 4 2010
Abbey Life, which is owned by Deutsche Bank, has agreed to take over the longevity risks (that is, the risk of pensioners living longer than actuarially expected) of nearly £3bn of pensions liabilities from BMW's UK pension scheme.

Cemex decision on section 75 of the Pensions Act 1995
Freshfields Bruckhaus Deringer LLP February 24 2010
In the Cemex case, the High Court interpreted the meaning of 'employment-cessation event' in the Employer Debt Regulations 2005.

IMG pension plan case: scheme changes ineffective
Freshfields Bruckhaus Deringer LLP February 24 2010
The UK High Court's decision in HR Trustees v Peter German has made it more difficult to change past defined benefits under the scheme's amendment power or by direct agreement with employees.

Employer debt - hope or confusion
Bevan Brittan LLP February 24 2010
The High Court, in the recent case of Cemex UK Marine Ltd v MNOPF Trustees Limited has clarified a grey area in pension law relating to an "employment cessation event" and "employer debts".

Pension deficit pushes Reader’s Digest into administration
Norton Rose February 22 2010
TPR has rejected a proposal from the Reader's Digest Association (RDA), the parent company of Reader's Digest UK, to address the UK entity's £125 million pension shortfall.

The Pensions Regulator publishes consultation on its tougher approach on poor record-keeping
Norton Rose February 22 2010
On 2 February 2010, the Pensions Regulator (TPR) published its consultation paper "Record-keeping: measuring member data."

DWP issues draft guidance on new FAS regulations
Norton Rose February 22 2010
Following the recent publication of the draft Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010, the DWP is now consulting on draft technical guidance relating to the transfer of assets to the Financial Assistance Scheme (FAS) on the valuation of assets and liabilities of relevant schemes.

PPF issues insolvency risk statement confirming its policy for 2011/12 levy
Norton Rose February 22 2010
Following a consultation, the PPF has published a policy statement confirming how insolvency risk for the 2011/12 levy will be measured.

Treatment of defined contribution benefits in the winding-up of hybrid schemes - Bridge Trustees Ltd v Yates and Others
Norton Rose February 22 2010
In our July 2008 update and August 2009 briefing, we reported on the High Court decision that a revised benefit structure introduced to a defined benefits (final salary) scheme some years previously contained a defined contribution (money purchase) element, ruling against the members who claimed that the top-up benefits were final salary in nature.

TPR publishes consultation on revised winding-up guidance
Norton Rose February 22 2010
This month, TPR has also published for consultation revised guidance for trustees on pension scheme winding-up.

PPF publishes first issue of its technical news series
Norton Rose February 22 2010
The PPF has published the first issue of its Technical News bulletin which aims to provide guidance on the technical issues which affect pension schemes in a PPF assessment period.

GMP inequalities - government statement causes concern
Norton Rose February 22 2010
On 28 January 2010, Pensions Minister Angela Eagle made a statement about the equalisation of guaranteed minimum pensions (GMPs) in relation to the Financial Assistance Scheme, reaffirming the Government's intention to implement new provisions to reflect European law and to remove any inequality in scheme rules that results from the current GMP legislation.

IGG consults on principles for DC pension schemes
Norton Rose February 22 2010
On 10 February 2010, the Investment Governance Group (IGG) announced the publication of its consultation paper on its draft investment governance principles for both trust-based and contract-based DC (money purchase) schemes.

Employment & Labor

No protection from discrimination for agency worker
Morton Fraser March 5 2010
In Muschett v HM Prison Service the Court of Appeal considered the employment status of an agency worker supplied to the Prison Service by the agency Brook Street.

Age discrimination
Steptoe & Johnson LLP March 5 2010
An employment tribunal held that a 42-year-old head of marketing was unfairly dismissed and subject to age discrimination when the employer Bank was actively seeking to find a replacement for him with a "younger, entrepreneurial profile".

Agency workers and discrimination
Steptoe & Johnson LLP March 5 2010
A temporary worker was held by the Court of Appeal not to be able to pursue claims for discrimination whilst working for an agency's client.

Suspension during notice period
Steptoe & Johnson LLP March 5 2010
Mr Gorman and his fellow employees were prevented by an injunction from joining a competitor for the duration of their notice periods even though there was no express garden leave clause in their contracts of employment.

ACAS Pre-Claim Conciliation Service
Steptoe & Johnson LLP March 5 2010
Employers are reminded of the Pre-Claim Conciliation Service offered by ACAS.

Enforceability of compromise agreements
Steptoe & Johnson LLP March 5 2010
Mrs Vincent resigned from employment with Horizon in December 2008.

Medical fit notes
Steptoe & Johnson LLP March 5 2010
The Government is to replace sick notes with "fit notes".

Forfeiture of paid holiday
Steptoe & Johnson LLP March 5 2010
In this case the EAT confirmed that holiday leave not taken at the end of the leave year can be lost provided the employer has not unreasonably denied the employee's request for leave.

IVF treatment
Steptoe & Johnson LLP March 5 2010
The case concerned the extent to which discrimination may be regarded as discrimination on the ground of sex or pregnancy for an employee who is receiving IVF treatment.

Unilateral contractual variations and employee handbooks
Reed Smith LLP March 5 2010
In Bateman and others v Asda Stores Ltd, the Employment Appeal Tribunal (EAT) upheld an Employment Tribunal's decision that Asda was entitled to introduce new pay terms without its employees' consent because it could rely on a statement in its staff handbook reserving a right to make unilateral variations to the terms of its employees' contracts of employment.

TUPE
Steptoe & Johnson LLP March 5 2010
The Court of Appeal overturned the EAT's decision in this case and held that transferees, whose employment, which was subject to a collective agreement prior to a transfer under TUPE and who transferred to a new employer, did not benefit from bargaining agreements negotiated after the date of the original transfer.

Blacklisting
Steptoe & Johnson LLP March 5 2010
The Employment Relations Act 1999 (Blacklisting) Regulations 2010 are due to come into force in April 2010.

New compensation and pay limits for 2010
Steptoe & Johnson LLP March 5 2010
The maximum limit on a week's pay for terminations on or after 1 February 2010 remains at £380.

Altering terms & conditions of employment
Morton Fraser March 5 2010
The Employment Appeal Tribunal has delivered its judgment in Bateman v Asda Stores Ltd which considered the lawfulness of an employer's decision to adjust its employees' terms and conditions of employment.

Small businesses show a “varied understanding” of employment law
Morton Fraser March 5 2010
The Department for Business Innovation and Skills has published research on small businesses and their confidence and awareness of employment law.

Constructive dismissal cannot be cured by employer
Morton Fraser March 5 2010
In Buckland v Bournemouth University Higher Education Corporation, the claimant was a professor at Bournemouth University.

New laws prohibiting blacklisting now in force
Morton Fraser March 3 2010
Following up from my previous blog, DBIS announced yesterday that The Employment Relations Act 1999 (Blacklists) Regulations 2010 have come into force.

Government announces its decision on pleural plaques
Edwards Angell Palmer & Dodge March 3 2010
In a statement issued by Justice Secretary Jack Straw, the Government has set out its decision on pleural plaques.

Workplace bullying
Morton Fraser March 1 2010
With bullying in the workplace attracting a lot of recent press attention due to the alleged activities inside Number 10 I thought a blog on the employment law implications may be of interest.

Your greatest asset; your biggest headache?
Morton Fraser February 26 2010
To any company, employees are key to making the business a success.

Right to request time off to train
Jones Day February 26 2010
A new right for employees to request time off work to undertake training or study will be introduced by section 40 of the Apprenticeships, Skills, Children and Learning Act 2009.

Employee accident claims and employment law
Morton Fraser February 26 2010
Accidents at work are sadly all too common.

When holiday and sick leave coincide
Field Fisher Waterhouse LLP February 26 2010
An Employment Tribunal has confirmed that an employee who is unable to take his pre-booked holiday due to sickness should be allowed to carry over his leave entitlement to the following leave year.

Holiday and sickness absence
Jones Day February 26 2010
The Employment Tribunal has ruled that the Working Time Regulations 1998 should be interpreted to allow employees who have been unable to take holiday due to sickness absence to carry it into the following holiday year.

Unilateral changes to contracts of employment
Jones Day February 26 2010
An employer may be entitled to make unilateral changes to a contract of employment where the contract gives the express right to do so.

Vetting and barring
Bevan Brittan LLP February 26 2010
LGE: Vetting and barring scheme: LGE has substantially updated its advice on vetting and barring with information on "What the employer should do / What the employee should do" and "What to do with employees who the ISA are 'minded to bar' ".

Court of Appeal reverses EAT decision
Bevan Brittan LLP February 24 2010
Back in March 2009, we reported on the case of Alemo - Herron and others v Parkwood Leisure Ltd, where the Employment Appeal Tribunal held that employees who had transferred from a public sector body to a private sector employer were entitled to the benefit of pay rises, post transfer, set by a collective agreement that applied during their employment in the public sector, even though the private sector employer was not a party to the collective agreement.

Government response to fit note consultation
Bevan Brittan LLP February 24 2010
The Social Security (Medical Evidence) Regulations and the Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2010 will introduce the new statement of fitness to work ("fit notes") for use by GPs from 6 April 2010.

Bankers’ bonus payments
Morton Fraser February 23 2010
The issue of bankers’ bonuses has been in the news a fair bit recently.

Extension to paternity leave
Norton Rose February 22 2010
The Work and Families Act 2006 contains powers to introduce new rights to additional paternity leave (APL) and additional statutory paternity pay (ASPP).

Holiday entitlement when off sick
Morton Fraser February 22 2010
In Shah v First West Yorkshire Limited, Mr Shah suffered a broken ankle that prevented him going on a pre-arranged holiday.

The Agency Workers Regulations 2010
Norton Rose February 22 2010
The above regulations have been laid before Parliament and are due to come into force on 1 October 2011.

Contingency fee agreements – are they lawful?
Weightmans February 19 2010
In late 2008, a claim in the Scottish supreme civil court by Mrs Quinn concluded that a contingency fee agreement between herself and equal pay solicitor Stefan Cross was unenforceable.

Shorter working weeks?
Morton Fraser February 19 2010
The New Economics Foundation (NEF) has published a Report predicting that shorter working weeks are soon to become the norm.

ACAS pre-claim conciliation service
Morton Fraser February 17 2010
The valuable role which ACAS play once an Employment Tribunal claim is raised is reasonably well known.

No ‘inalienable right’ to take annual leave
Lewis Silkin February 16 2010
The right to paid holiday under the Working Time Regulations depends on a worker giving proper notice, the Employment Appeal Tribunal (EAT) has ruled.

Agency worker not entitled to protection from discrimination
Field Fisher Waterhouse LLP February 12 2010
The Court of Appeal has confirmed that an agency worker was not an 'employee' of either the agency who supplied him or the agency's client where he was placed, and that he did not fall within the wider definition of "employment" under discrimination legislation.

Litigant discrimination claim tactics
Morton Fraser February 11 2010
A noteworthy case from the Employment Appeal Tribunal yesterday.

A job for life?
Morton Fraser February 10 2010
I commented recently in my blog entry - The Silver Revolution - on the strong likelihood that the national retirement age, currently 65, would be increased in the near future.

Harsh but fair?
Morton Fraser February 8 2010
I recently mentioned a case I recalled from a few years ago where an employee attended a presentation to mark his own long-service and was subsequently sacked for drinking at the presentation ceremony and not returning to his shift.

Legal representation at disciplinary hearings
Mills & Reeve LLP February 2 2010
In January the Court of Appeal confirmed that a voluntary-aided school should have allowed legal representation to a teaching assistant who was dismissed for sexual misconduct.

Decrease in maximum compensatory award for unfair dismissal
Bristows January 30 2010
Under Section 34 of the Employment Rights Act 1999, certain limits on tribunal awards must be revised to reflect changes in the Retail Prices Index (RPI) for September.

Consultation on last-minute changes
Lewis Silkin January 28 2010
The decision of the Employment Appeal Tribunal (EAT) in Unison v Somerset County Council discusses two aspects of TUPE information and consultation.

Energy & Natural Resources

The CRC Energy Efficiency Scheme: update on progress and latest changes
Hammonds LLP February 28 2010
The redrafted CRC Energy Efficiency Scheme Order 2010 was laid before Parliament on 22 January 2010.

Environment

General
Bevan Brittan LLP March 3 2010
Update - NHS carbon reduction strategy - this updates the 2009 NHS Carbon Reduction Strategy (CRS) that gives information on the opportunities and ways in which NHS organisations can save money by reducing their carbon emissions and become more sustainable.

Are you ready for the CRC?
Mayer Brown LLP March 2 2010
The CRC, a new UK carbon trading scheme, comes into force in just over one month's time.

Franchisors: are you prepared for the UK's Carbon Reduction Commitment?
Reed Smith LLP March 1 2010
In earlier postings we introduced the UK's Carbon Reduction Commitment (Energy Efficiency) Scheme ("CRC").

What lies beneath
Wragge & Co January 26 2010
On 22 July 2009 the Secretary of State for Environment, Food and Rural Affairs published its decision letter dismissing appeals by Redland Minerals Limited (Redland) and Crest Nicholson Residential Plc (Crest) against the remediation notice served on them under Part IIA of the Environmental Protection Act 1990 (EPA).

Franchising

Are you ready for the CRC?
Mayer Brown LLP March 2 2010
The CRC, a new UK carbon trading scheme, comes into force in just over one month's time.

Why simple administrative errors can lead to expensive court cases
Field Fisher Waterhouse LLP February 26 2010
The ruling of the Outer House, Court of Session in Scotland in the case of SJD Group Limited v KJM (Scotland) Limited [2010] CSOH 13 is a timely reminder to franchisors that they should be extremely careful to ensure that on expiration of a franchise agreement, a renewal agreement is promptly signed or the franchisee ceases to trade.

General Practice

Contingency fee arrangements
Steptoe & Johnson LLP March 5 2010
The Damage-Based Agreement Regulations 2010 come into force on 6 April 2010.

Nayyar v Denton Wilde Sapte and Advani – successful ex turpi causa defence
Mills & Reeve LLP March 4 2010
The court applied the ex turpi causa rule and dismissed the claims against Denton Wilde Sapte and a solicitor employed by the firm in its India Group.

Solicitors’ breach of duty
Mills & Reeve LLP March 4 2010
Where a firm of solicitors had been told by their client that it did not want to become involved in the costs proceedings involving other parties, the firm acted in breach of duty by holding itself out as acting for the client in those proceedings and failing to tell the client.

Inquests
Bevan Brittan LLP March 3 2010
The Cambridgeshire North and East Coroner has ruled that systemic failings in the way the National Health Service provides out-of-hours care led to the death of a pensioner at the hands of "incompetent" German locum Daniel Ubani.

Lasting powers of attorney
HBJ Gateley Wareing February 26 2010
Those of you who have drawn up lasting powers of attorney ("LPAs") in the last two years will have been well aware that the forms ran to 25 pages.

Drew v Whitbread
Morgan Cole February 10 2010
There was no rule that a failure to raise a point before the trial judge would preclude the raising of that point before the costs judge on a detailed assessment.

Duty of care owed to mother of abused child
Morgan Cole February 10 2010
A local authority failed to strike out a claim for damages brought by the mother of a child she had reported as having been abused by a neighbour's child (C v Merthyr Tydfil CBC).

Healthcare

Medical fit notes
Steptoe & Johnson LLP March 5 2010
The Government is to replace sick notes with "fit notes".

Children
Bevan Brittan LLP March 3 2010
Outcomes of inter agency training to safeguard children: Final report to the Department for Children, Schools and Families and the Department of Health - the overall aim of this study was to develop an evidence base for interdisciplinary training to safeguard children by assessing the scope and content of programmes commissioned by local safeguarding children boards, and the participation in courses of professionals and others in contact with and/or working with children.

Scope of non-Article 2 inquest
Reynolds Porter Chamberlain LLP March 3 2010
The recent High Court case of R (on the application of Butler) v HM Coroner for the Black Country District explored the appropriate scope of an inquest where Article 2 of the European Convention of Human Rights is not engaged, ie when an inquest is concerned with determining by what means a deceased came by his death and not a consideration of the broad circumstances surrounding the death.

Patient engagement
Bevan Brittan LLP March 3 2010
Local Involvement Networks (LINks) exist in every local authority area of England to give people more influence over how their local health and social care services are planned and delivered.

Primary Care Trust
Bevan Brittan LLP March 3 2010
NHS North East and NHS East Midlands are working with a range of providers across general practice, dentistry, community Healthcare services provision, out of hours and urgent care provision and community pharmacy to pilot Quality Accounts in 2010.

Complaints
Bevan Brittan LLP March 3 2010
Clarification of Complaints Regulations 2009 - this document clarifies the position on new regulations for handling NHS and adult social care complaints that came into effect on 1 April 2009.

Boys conceived with ICSI are more likely to have shorter fingers, a trait linked to infertility
Reynolds Porter Chamberlain LLP March 3 2010
A recent study led by Dr Alastair Sutcliffe, a paediatrician at the Institute of Child Health, in collaboration with Southampton University and researchers in Germany, has shown that boys conceived through a type of IVF called intracytoplasmic sperm injection (ICSI) tend to have shorter fingers than boys conceived naturally, which could be associated with lower fertility and reduced sexual attractiveness.

Fertility spells - does magic trump science?
Reynolds Porter Chamberlain LLP March 3 2010
Not all women hoping to have a baby resort to IVF.

Clinical management
Bevan Brittan LLP March 3 2010
The Productive Ward Programme, designed by the NHS Institute for Innovation and Improvement in collaboration with the NHS, sets out an innovative and practical way for clinicians and other frontline staff to take the lead in improving ward-based services.

Department of Health pilots scheme to promote public confidence in the medical profession
Reynolds Porter Chamberlain LLP March 3 2010
3,000 doctors are currently taking part in a pilot scheme being run by the DoH which aims to provide patients with an assurance that doctors are up-to-date with current medical practice and are fit to practise.

Care
Bevan Brittan LLP March 3 2010
‘Productive Ward: releasing time to care’ is a ward-based quality improvement programme that aims to increase the proportion of time nurses spend in direct patient care, improve experience for staff and patients and to make structural changes to the use of ward spaces.

Regulation
Bevan Brittan LLP March 3 2010
Protecting the public from unregistered practitioners: tackling misuse of protected title - in this project, the Council for Healthcare Regulatory Excellence (CHRE) have considered the risk to the public presented by those who pass themselves off as registered professionals.

Obesity
Bevan Brittan LLP March 3 2010
Change4Life one year on - this document reports on the first twelve months of the Change4Life campaign.

Lothian charity takes action over postcode lottery on IVF
Reynolds Porter Chamberlain LLP March 3 2010
Infertility Network Scotland has appointed a local co-ordinator to lobby for faster free IVF treatment for women in the Lothians in Scotland.

Health Authority found not liable in cerebral palsy case
Reynolds Porter Chamberlain LLP March 3 2010
A baby suffered cerebral palsy and severe development difficulties as a result of a starvation of oxygen to his brain during birth.

Out-of-hours provision
Reynolds Porter Chamberlain LLP March 3 2010
The recent high-profile inquest touching the deaths of David Gray and Iris Edwards explored the circumstances surrounding the actions of Dr Daniel Ubani, a German locum doctor, who saw both patients on his first out-of-hours shift in the UK.

Mental health
Bevan Brittan LLP March 3 2010
Realising the benefits: IAPT at full roll-out - this report details the next steps in the move towards the full roll out of Improving Access to Psychological Therapy (IAPT) services.

Foundation Trusts
Bevan Brittan LLP March 3 2010
The Foundation Trust Network has launched this publication on the practical elements of producing quality accounts, including engagement and assurance.

Commissioning
Bevan Brittan LLP March 3 2010
The DH has published information and guidance in support of Payment by Results in 2010-11.

Data protection
Bevan Brittan LLP March 3 2010
Guidance for access to health records requests - this document provides guidance on access to health records for both living and deceased individuals.

Health and safety
Bevan Brittan LLP March 3 2010
Robert Francis Inquiry report into Mid-Staffordshire NHS Foundation Trust - report from an inquiry that was conducted following concerns about standards of care at Mid Staffordshire NHS Foundation Trust, and an investigation and report published by the Healthcare Commission in March 2009.

Healthcare associated infection
Bevan Brittan LLP March 3 2010
Response to the consultation on the Health and Social Care Act 2008 Code of Practice for health and adult social care on the prevention and control of infection and related guidance, and prevention and control of Infection in care Homes - this is a summary of responses to a consultation on a code of practice and supporting guidance that will help providers of health care and adult social care to plan and implement how they prevent and control healthcare-associated infections.

Prison health
Bevan Brittan LLP March 3 2010
Guidelines for the clinical management of people refusing food in immigration removal centres and prisons - this document provides information for health professionals in prisons and immigration removal centres on the physical effects of food refusal, the most effective practical and clinical management of individuals refusing to eat and drink, legal aspects and the relevance of the Mental Capacity Act 2005.

Inquest follow up - Implications for PCTs in relation to contracts with out of hours providers and Medical Performers Lists following Coroner's recommendations
Mills & Reeve LLP February 26 2010
Mills & Reeve represented Cambridgeshire Primary Care Trust (CPCT) at the recent inquest into the deaths of David Gray and Iris Edwards.

Missed tribunals
Weightmans January 30 2010
Some mental health patients might have missed out on tribunal hearings they were entitled to.

Information Technology

Data protection breach fines
Steptoe & Johnson LLP March 5 2010
The Information Commissioners has been given new powers to impose financial penalties of up to £500,000 for serious breaches of the Data Protection Act 1998.

A world of apps
Bristows February 15 2010
How did we function before the advent of the iPhone application? These days it seems there is an application or "app" to cover all bases, from online shopping to conceiving a child.

BSkyB v EDS - the judgement is out
Bristows February 15 2010
On 26 January 2010 the Technology and Construction Court finally handed down judgment in the epic battle between BSkyB and EDS.

Insolvency & Restructuring

Lehman case blows a hole in FSA's client money rules
Edwards Angell Palmer & Dodge March 3 2010
Protecting clients' money and assets has been a pillar of the UK financial regulatory regime.

Solvent schemes of arrangement revisited: the Scottish Lion revived
Edwards Angell Palmer & Dodge March 3 2010
Readers of our December 2009 issue will recall that we wrote about the Scottish court decision on the Scottish Lion Insurance Company scheme of arrangement.

Current court practice when extending administrations
Shepherd & Wedderburn LLP February 4 2010
Over the past year the Courts in Scotland have been tightening up their procedures in relation to the granting of extensions in administration.

Insurance & Reinsurance

FSA writes to insurance intermediaries on solvency
Denton Wilde Sapte LLP March 5 2010
FSA has written to all insurance intermediaries expressing its concerns about their understanding of Threshold Condition 4.

FSA takes action for poor suitability
Denton Wilde Sapte LLP March 5 2010
FSA has issued a public censure of Park Row Associates Limited for failing to ensure its sales were suitable.

FSA makes new rules on fines
Denton Wilde Sapte LLP March 5 2010
FSA made four sets of new rules at its February board meeting.

FSA worried about traded life policy investments
Denton Wilde Sapte LLP March 5 2010
Peter Smith spoke about FSA's concerns over products that invest in traded life policies, senior life settlements or viatical settlements.

FSA speech sets out concerns on Traded Life Policy Investments
Norton Rose March 4 2010
Peter Smith (Head of Investments Policy, Conduct Policy Division at the FSA) has given a speech to the European Life Settlement Association in which he presented concerns about aspects of the market in Traded Life Policy Investments (TLPIs).

Third Party (Rights Against Insurers) Bill
Edwards Angell Palmer & Dodge March 4 2010
As previously reported here, the Third Parties (Rights Against Insurers) Bill was introduced into Parliament in November 2009.

Financial Services Authority report
Mills & Reeve LLP March 4 2010
In late 2008 the Financial Services Authority began a review of anti-bribery and corruption systems and controls in commercial insurance broker firms.

Wave goodbye to inherent vice exclusions?
Edwards Angell Palmer & Dodge March 3 2010
In late 2009, the Court of Appeal handed down a judgment which added to a large body of case-law on inherent vice.

UK insurance contract law reform: draft Consumer Insurance (Disclosure and Representations) Bill
Edwards Angell Palmer & Dodge March 3 2010
In our December 2009 issue of Insurance and Reinsurance Review we reported on the contents of the draft Consumer Insurance (Disclosure and Representations) Bill as previewed by the Law Commissioner, David Hertzell, at a discussion before the British Insurance Law Association on 16 October 2009.

Financial Services Authority (FSA) sets out concerns about traded life policy investments (TLPIs)
Edwards Angell Palmer & Dodge March 3 2010
On 24 February 2010, Peter Smith, Head of Investments Policy in the Conduct Policy Division of the FSA, made a speech to the European Life Settlements Association clarifying its approach to TLPIs.

Equitas v. R&Q - a summary analysis
Edwards Angell Palmer & Dodge March 3 2010
The recent decision of Mr Justice Gross in Equitas v R&Q addressed specific aspects of two original LMX market catastrophe losses, Kuwait and Exxon Valdez, and the effect of those losses on the LMX spiral.

Ringing the changes: the Third Parties (Rights Against Insurers) Bill and proposed reform of the Third Parties (Rights Against Insurers) Act 1930
Edwards Angell Palmer & Dodge March 3 2010
On 23 November 2009, the Third Parties (Rights Against Insurers) Bill (the Bill), sponsored by Lord Bach, was introduced to the House of Lords.

Financial Services Authority reminds insurance intermediaries of financial resources requirements
Edwards Angell Palmer & Dodge March 2 2010
The Financial Services Authority (FSA) issued a Dear CEO letter (the Letter) on 23 February 2010 stating that it was concerned that many insurance intermediaries could not demonstrate that they had adequate financial resources.

FSA enforcement
Norton Rose March 1 2010
An IFA network (owned by Royal Liver Assurance Limited) has been censured for breaches of Principle 3 and Principle 9 arising from its failure to implement sufficient controls to ensure that files properly evidenced the suitability of sales, that sales were suitable or that compliance checks were adequate.

High Court upholds insurers’ interpretation of ‘dishonesty’ exclusion - Goldsmith Williams (a firm) v Travelers Insurance Company Ltd
Kennedys March 1 2010
This recent decision is another example of the High Court giving a simple and robust interpretation to the 'dishonesty' exclusion in a solicitor's professional indemnity policy, so as to uphold insurers' decision to decline cover.

Lloyd’s of London publishes its 2010-2012 strategy
Mayer Brown LLP February 28 2010
On 8 February 2010, Lloyd's published its 2010-2012 strategy which summarises Lloyd's strategic vision and the major priorities for the market and the Corporation in the next three years, as well as the major activities required to deliver the strategy.

Solvency II – FSA publishes second IMAP
Mayer Brown LLP February 28 2010
On 15 February 2010, the FSA published the "Solvency II - IMAP Update towards pre-application" which provides information on key developments as firms start to enter the "pre-application" phase of the Internal Model Approval Process ("IMAP").

Mitigating the risk of inadequate insurance
Shepherd & Wedderburn LLP February 26 2010
Insurance is good!

Credit hire claim kicked into touch
Brodies LLP February 15 2010
There has not been much to celebrate recently in Scotland for insurers defending credit hire claims.

Setting aside default judgments
Mills & Reeve LLP January 30 2010
In general, the action or inaction of a party's legal representatives must be treated under the CPR as the action or inaction of the party himself.

Intellectual Property

Helmet producer has a storming victory in the Court of Appeal
Field Fisher Waterhouse LLP February 5 2010
The Court of Appeal has made a significant ruling (Lucasfilm & Others v Ainsworth & Others [2009] EWCA Civ 1328) which prevents the production and licensing companies behind the Star Wars films from stopping Mr Ainsworth, the person who produced the stormtrooper helmets and armour for the films, from making and selling replicas in the UK.

Leisure & Tourism

Are you ready for the CRC?
Mayer Brown LLP March 2 2010
The CRC, a new UK carbon trading scheme, comes into force in just over one month's time.

Litigation

Enforceability of compromise agreements
Steptoe & Johnson LLP March 5 2010
Mrs Vincent resigned from employment with Horizon in December 2008.

Lehman case blows a hole in FSA's client money rules
Edwards Angell Palmer & Dodge March 3 2010
Protecting clients' money and assets has been a pillar of the UK financial regulatory regime.

Advice given to claimant to settle claim against former solicitors was not negligent - Fraser v Bolt Burdon Claims & others
Kennedys March 1 2010
In this case, Miss Fraser sued the defendant solicitors, Bolt Burdon, for negligence following advice they, and the Counsel they had instructed, gave her to settle her negligence claim against her previous solicitors, Parlett Kent (PK).

Special Residence edition
Squire Sanders & Dempsey LLP February 28 2010
Two cases decided this month are of such importance, and have made so many headlines, that this month's Bulletin is devoted to the subjects of Residence and Ordinary Residence.

Standards
Bevan Brittan LLP February 26 2010
Chegwyn v Standards Board for England (Unreported, Admin Ct): C, a councillor with Hampshire CC and Gosport BC, was disqualified by the SBE's Case Tribunal from holding public office for two years, after it found that he had breached the Members' Code of Conduct by participating in the borough council's decision making process regarding licences for a music festival.

Liquidated damages clauses unenforceable as penalties
Herbert Smith LLP February 24 2010
In our last newsletter we discussed the basic principles of liquidated damages clauses.

Bankers’ bonus payments
Morton Fraser February 23 2010
The issue of bankers’ bonuses has been in the news a fair bit recently.

Holiday entitlement when off sick
Morton Fraser February 22 2010
In Shah v First West Yorkshire Limited, Mr Shah suffered a broken ankle that prevented him going on a pre-arranged holiday.

Public procurement, interim injunctions and framework agreements
Norton Rose February 22 2010
In the following case, the court had to consider whether the grant of an interim injunction should be upheld to prevent a contracting authority proceeding with the award of a framework agreement.

Brussels Regulation overrides US pending action
Fladgate LLP February 18 2010
In Catalyst Investment Group v Max Lewinsohn and Others [2009] EWHC 1964 (Ch) the defendants, who were domiciled in the UK, sought a stay of three sets of proceedings on the basis that the most appropriate forum was the Utah court, in the US, where there were pending actions between the same parties and involving the same cause of action.

Correcting adjudicators' mathematical errors
Herbert Smith LLP February 17 2010
For better or worse, adjudication is a "rough and ready" form of justice.

Landlord and tenant - damages for breach of a repairing covenant
Wragge & Co February 15 2010
In Van Dal Footwear Ltd v Ryman Ltd, Ryman's lease of premises had expired.

Credit hire claim kicked into touch
Brodies LLP February 15 2010
There has not been much to celebrate recently in Scotland for insurers defending credit hire claims.

It's the last straw (or Mr Fidler's planning fiddle!)
Wragge & Co February 15 2010
Two recent cases show how it is both possible and impossible to defeat the planning system!

BSkyB v EDS - the judgement is out
Bristows February 15 2010
On 26 January 2010 the Technology and Construction Court finally handed down judgment in the epic battle between BSkyB and EDS.

Litigant discrimination claim tactics
Morton Fraser February 11 2010
A noteworthy case from the Employment Appeal Tribunal yesterday.

Madoff-related developments
Winston & Strawn LLP February 8 2010
A series of events occurred this week relating to Bernard Madoff's Ponzi scheme.

Litigation costs - change is in the air: Lord Justice Jackson's final report on civil litigation costs
Wragge & Co February 4 2010
Anyone involved in civil litigation needs to be aware of Lord Justice Jackson's recent report on civil litigation costs.

Missed tribunals
Weightmans January 30 2010
Some mental health patients might have missed out on tribunal hearings they were entitled to.

Media & Entertainment

On The Ball - issue 1
Field Fisher Waterhouse LLP February 3 2010
Welcome to the first issue of On The Ball.

Private Client & Offshore Services

Family investment companies
HBJ Gateley Wareing February 26 2010
Those of you who are up to date with Private Client tax issues will know that, generally speaking, you cannot put more than £325,000 into a trust without triggering an immediate inheritance tax liability equal to 20% of the excess.

Income tax increase for trusts
HBJ Gateley Wareing February 26 2010
Readers will be well aware that from 6 April 2010 the top rate of income tax is to increase to 50%.

Professional Negligence

Projects & Procurement

Public

Civil contingencies
Bevan Brittan LLP February 26 2010
DCMS: Consultation on draft Humanitarian Assistance strategic guidance: seeks views on a draft document aimed to help those responsible for the provision of humanitarian assistance in the event of a major incident (including local authorities).

Regulatory services
Bevan Brittan LLP February 26 2010
HSE: General guidance about local authority provision of licensable activities - AALS inspector guidance note IGN 3.01: guidance on when local authorities need a licence under the Adventure Activities Licensing Regulations 1994 (4 February 2010).

Children's services
Bevan Brittan LLP February 26 2010
DCSF: Consultation on notifications to be sent by Ofsted to local authorities about children's social care providers: seeks views on the information that Ofsted is required to notify to all local authorities when they take specific actions against providers of children's homes, residential family centres, fostering agencies, voluntary adoption agencies and adoption support agencies.

Structural changes
Bevan Brittan LLP February 26 2010
Draft Exeter and Devon (Structural Changes) Order 2010: this draft Order provides for the establishment on 1 April 2011, of a single tier of local government for the city of Exeter.

Wales
Bevan Brittan LLP February 26 2010
Legislative Competence Orders: three LCOs have been made that amend Sch.5 Part 1 to the Government of Wales Act 2006 so as to give the Welsh Assembly power to make laws (“Assembly Measures”) relating to an number of specified matters.

Education
Bevan Brittan LLP February 26 2010
Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 2 and Transitional and Saving Provisions) Order 2010 (SI 2010/303 (C.25)): this Order brings a large number of provisions of the 2009 Act into force on either 26 February 2010, 1 April 2010, 19 April 2010, 1 September 2010 or 6 April 2011.

Community engagement
Bevan Brittan LLP February 26 2010
Commission for Rural Communities: The experience of participatory budgeting in rural England: presentation on the results of the CRC's piloting of neighbourhood budgets in seven rural areas.

Equality
Bevan Brittan LLP February 26 2010
Equalities and Human Rights Commission: Provision of goods, facilities and services to trans people - Guidance for public authorities: meeting your equality duties and human rights obligations: this guidance aims to help public authorities meet their equality duties and human rights obligations in the provision of goods, facilities and services for transgender users.

Overview and scrutiny
Bevan Brittan LLP February 26 2010
DCLG: John Denham says make councils the new focus for local lobbying: the Secretary of State has given a speech at the Scrutiny and Entitlements Conference on the new Local Authorities (Overview and Scrutiny) Bill that is currently before Palriament, which gives local authorities strengthened powers to scrutinise all significant local public service spending in their area.

Securitization & Structured Finance

FSA fines for structured-product selling failures
Denton Wilde Sapte LLP March 5 2010
FSA has fined RSM Tenon Financial Services Limited £700,000 for failings in its sales and advice process relating to Lehman-backed structured products and generally for poor systems and controls in its structured product and pension switching business.

Shipping & Transport

Telecommunications

Surfers saved from surprise shock waves
MacRoberts March 3 2010
Mobile phone internet users are now protected from 'shock' mobile phone bills for surfing the internet.

Can u plz stop txtin me mrktng msgs? ("can you please stop texting me marketing messages?")
MacRoberts March 1 2010
Most of us are very much aware of the services provided by the Telephone Preference Service, which allows individuals to register their wish not to receive unwanted sales and marketing calls; however a new Mobile Preference Service is expected to be created later this year in attempts to end text message marketing to those who have opted out of fundraising or marketing contact.

White Collar Crime

Bribery Bill
Steptoe & Johnson LLP March 5 2010
The Bribery Bill has now been introduced into Parliament.

Bribery Bill
Mills & Reeve LLP March 4 2010
The Bribery Bill is due to come into force later this year.

Bribery Bill
Reed Smith LLP February 26 2010
Following on from our original blog on the Bribery Bill there have been some changes to the Bill during its speedy passage through Parliament.

Madoff-related developments
Winston & Strawn LLP February 8 2010
A series of events occurred this week relating to Bernard Madoff's Ponzi scheme.

USA

Arbitration

Bill reintroduced to prohibit mandatory employment arbitration agreements
Ogletree Deakins March 5 2010
A bill (A2252) reintroduced in the Assembly on February 11 seeks to prohibit employers from requiring employees to sign pre-dispute arbitration agreements, as well as other waiver agreements (such as the waiver of a jury trial, statutes of limitations, certain damages, discovery, etc) as a condition of their hiring.

New law bars government contractors from requiring arbitration of employee claims
Pillsbury Winthrop Shaw Pittman LLP March 4 2010
On February 17, 2010, the "Franken Amendment" went into effect, putting broad constraints on government contractors' ability to resolve employee disputes through arbitration.

Fourth Circuit affirms vacatur of arbitration award against financial services company
Jorden Burt LLP March 4 2010
In 2005, three financial advisors filed a consolidated arbitration demand against Raymond James Financial Services, Inc. (“Raymond James”) seeking damages related to the alleged wrongful termination of the advisors’ affiliations with Raymond James.

Rhode Island Supreme Court refuses to enforce an arbitration provision in a shrinkwrap license agreement
Baker & McKenzie March 2 2010
In the case of DeFontes v Dell Inc et al (Dell), a class action lawsuit was brought against Dell alleging that its collection of taxes from customers on the purchase of Dell optional service contracts (for on-site repair of its products, with Dell often acting as an agent for third party service providers) violated the Deceptive Trade Practices Act because service contracts, such as the option service contract offered by Dell, were not taxable within the State of Rhode Island.

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees
Edwards Angell Palmer & Dodge March 2 2010
National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause.

Arbitration waiver: Illinois Appellate Court holds litigation notice served under Section 34 of the Illinois Mechanic Lien Act waives contractual arbitration rights
Barnes & Thornburg LLP March 1 2010
The Illinois Appellate Court has held that those who serve a litigation notice under Section 34 of the Illinois Mechanic's Lien Act (the "Act") waive any contractual right to compel arbitration.

FINRA to amend arbitration rules regarding deficient claims
Katten Muchin Rosenman LLP February 26 2010
The Financial Industry Regulatory Authority has amended its Codes of Arbitration Procedure for Customer and Industry Disputes to clarify that if a claim deficiency is corrected within 30 days from the time a party receives notice of a deficiency, the claim will be considered filed on the date the initial statement of claim was filed.

Employer not named in employment agreement can enforce arbitration clause
Katten Muchin Rosenman LLP February 26 2010
The U.S. District Court for the Southern District of Florida held that a scrivener’s error identifying the wrong entity as employer did not preclude enforcement of an arbitration clause in an employment agreement.

CPR Institute publish Early Case Assessment (ECA) guidelines
Herbert Smith LLP February 25 2010
CP