Argentina

Insurance & Reinsurance

The insured’s duty to keep the insured property in good condition
Kennedys January 29 2010
The Insurance Act determines the insured's duty to keep the insured property in good condition and communicate to insurers any relevant situation that affects the risk.

Australia

Aviation

Australian government aviation policy White Paper
Norton Rose February 2 2010
On 16 December 2009 the Australian government released its White Paper, the last of 3 steps in developing an overarching and first ever national strategic plan for the aviation industry.

ACCC approves joint venture of Virgin Blue and Delta Air Lines
Freehills February 1 2010
The ACCC has authorised a joint venture between Virgin Blue Group (Virgin) and Delta Air Lines, Inc. (Delta) in relation to flights between Australia and the USA.

Banking

Application period for margin lending licensing commences
Blake Dawson February 4 2010
The Corporations Legislation Amendment (Financial Services Modernisation) Act 2009 commenced on 1 January 2010.

Capital Markets

Simpler disclosure for superannuation and managed investment products
Blake Dawson February 4 2010
On 21 December, the Government released draft regulations and example simplified product disclosure statements for superannuation and managed investment products for public consultation.

Product rationalisation consultation
Blake Dawson February 4 2010
In mid-December, the Government released a Proposals Paper on product rationalisation for managed funds and the life insurance industries.

Causation, loss and damage: challenges for the new shareholder class action
Freehills February 1 2010
Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet.

Reforms allowing funds to treat gains on capital account – draft legislation released
Norton Rose January 27 2010
The question of whether a taxpayer's gains are on capital account or on revenue account has attracted much publicity in the context of Texas Pacific Group's (TPG) disposal of its investment in Myer.

Commercial Property

Precautionary principle and its application to water catchments
Norton Rose February 1 2010
The Victorian Civil and Administrative Tribunal (VCAT) has recently delivered a leading decision on the application of the precautionary principle to the protection of proclaimed water catchments.

Company & Commercial

ASIC appeals Fortescue
Blake Dawson February 4 2010
Today ASIC announced it has filed a notice of appeal in respect of the December Federal Court decision dismissing its application for civil penalty orders against Fortescue Metals Group Ltd and its CEO, Andrew Forrest.

AASB consults on major reduction in disclosure for most companies
Blake Dawson February 4 2010
Last December, the AASB released a Consultation paper Differential Financial Reporting – Reducing Disclosure Requirements on the introduction of a second tier of reporting requirements for certain companies when preparing general purpose financial statements.

Scales of justice rebalanced towards creditors over shareholders
Blake Dawson February 3 2010
The Sons of Gwalia debate has been raging ever since the High Court confirmed in 2007 that shareholders who were misled by the company could seek to prove in its winding-up in competition with other unsecured creditors in respect of those claims.

Court finds company, directors misled foreign IT job seekers
Baker & McKenzie February 1 2010
The Australian Federal Court has declared that Zanok Technologies Pty Ltd (Zanok) had engaged in misleading and deceptive conduct by making false representations to foreign IT job seekers on a number of websites offering various IT job positions, including MyCareer, Seek and Gumtree.

Causation, loss and damage: challenges for the new shareholder class action
Freehills February 1 2010
Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet.

Issues paper on the law of unconscionable conduct
Freehills February 1 2010
On 27 November 2009, the Federal Government published the Issues Paper 'The nature and application of unconscionable conduct regulation.'

Competition

Dampier to Bunbury Natural Gas Pipeline undertakings varied
Blake Dawson February 4 2010
The ACCC has consented to vary undertakings accepted in 2004 as a condition for approval of the acquisition of the Dampier to Bunbury Natural Gas Pipeline (DBNGP) by a consortium comprising Alinta, Alcoa and DUET.

Unleaded petrol prices: ACCC issues second report
Freehills February 1 2010
On 18 December 2009, the Australian Competition and Consumer Commission (ACCC) released its second annual report on the prices, costs and profits of unleaded petrol in Australia.

ACCC grants conditional authorisation to terminal operator AAT
Freehills February 1 2010
On 3 December 2009, the ACCC granted conditional authorisation to Australian Amalgamated Terminals Pty Ltd (AAT), P&O Wharf Management Pty Limited and Plzen Pty Limited to give effect to agreements reached in 2001 and 2002 which establish the AAT joint venture.

ACCC approves joint venture of Virgin Blue and Delta Air Lines
Freehills February 1 2010
The ACCC has authorised a joint venture between Virgin Blue Group (Virgin) and Delta Air Lines, Inc. (Delta) in relation to flights between Australia and the USA.

Air cargo class action: claims struck out
Freehills February 1 2010
In December 2009, the Federal Court struck out Auskay International Manufacturing & Trade Pty Ltd's statement of claim in representative proceedings brought on behalf of persons who had paid for freight services provided by Qantas and other air freight carriers (the respondents).

Merger laws: Senate Committee inquiry into latest proposed amendment
Freehills February 1 2010
On 26 November 2009, Senator Xenophon introduced into Parliament the Trade Practices Amendment (Material Lessening of Competition - Richmond Amendment) Bill 2009 (Cth) (Bill), which proposes two key changes to section 50 of the TPA.

C7 decision: meaning of ‘purpose’
Freehills February 1 2010
On 2 December 2009, the Full Court of the Federal Court of Australia handed down its decision in Seven Network Limited v News Limited, the appeal from the widely publicised 'C7' decision in 2007.

What's new in franchising
DibbsBarker January 29 2010
The Australian Competition and Consumer Commission’s (‘ACCC’) states as its core business ensuring compliance with the Trade Practices Act 1974 (‘TPA’) through the promotion of competition and informed markets, encouraging fair trading and protection of consumers.

Iron ore production joint venture under scrutiny
Nabarro LLP January 28 2010
BHP Billiton and Rio Tinto recently announced a production joint venture, combining the parties' iron ore assets in Western Australia, which is now the subject of a formal competition investigation by the European Commission.

Corporate Finance/M&A

Tully Sugar Limited – valuations of unlisted companies?
Blake Dawson February 4 2010
In Tully Sugar Limited the Takeovers Panel considered a number of alleged deficiencies in the target's statement issued by the unlisted company Tully Sugar Limited in response to a scrip bid by The Maryborough Sugar Factory Limited.

Reforms to the Capital Gains Tax scrip-for-scrip roll-over rules
Blake Dawson February 4 2010
On 6 January, the Assistant Treasurer announced that the Government will introduce legislation to reform the scrip-for-scrip roll-over provisions contained in Subdivision 124-M of the Income Tax Assessment Act 1997 (Cth) (Tax Act).

ASIC on schemes of arrangement
Blake Dawson February 4 2010
ASIC has released an updated Regulatory Guide 60: Schemes of arrangement (RG 60).

Now is the time for scheme reform
Freehills February 3 2010
Parliament would do well to carefully consider the reform proposals released on 28 January 2010 by the Corporations and Markets Advisory Committee (CAMAC) regarding the use of schemes of arrangement to effect changes of corporate control.

Corporate Tax

Reforms to the Capital Gains Tax scrip-for-scrip roll-over rules
Blake Dawson February 4 2010
On 6 January, the Assistant Treasurer announced that the Government will introduce legislation to reform the scrip-for-scrip roll-over provisions contained in Subdivision 124-M of the Income Tax Assessment Act 1997 (Cth) (Tax Act).

Human resources tax developments
Blake Dawson February 3 2010
This bulletin outlines key developments in human resources taxes (FBT, PAYG, SGC, payroll tax and workers compensation premiums) that have arisen from November 2009 to January 2010, which may impact your business.

Outline of December 2009 and January 2010 GST developments
Blake Dawson February 3 2010
This bulletin outlines Australian GST developments in December 2009 and January 2010 which may impact your business.

Tax sharing agreements and tax funding agreements
Norton Rose January 27 2010
Under tax consolidation, the head company of the consolidated tax group will be primarily liable for the group's income tax liabilities.

Reforms allowing funds to treat gains on capital account – draft legislation released
Norton Rose January 27 2010
The question of whether a taxpayer's gains are on capital account or on revenue account has attracted much publicity in the context of Texas Pacific Group's (TPG) disposal of its investment in Myer.

E-commerce

Two significant Australian copyright decisions handed down
Minter Ellison February 5 2010
The Federal Court handed down two significant copyright decisions yesterday.

Through the net: The Studios v iiNet
Blake Dawson February 4 2010
Internet Service Providers (ISPs) across the country gave a collective sigh of relief this morning when Justice Cowdroy handed down his decision in the Federal Court of Australia in the much anticipated Roadshow Films Pty Ltd & Ors v iiNet Ltd decision.

Internet service provider wins landmark case
Hall & Wilcox February 4 2010
In a judgement delivered this morning, the Federal Court of Australia has held that an internet service provider is not liable for infringements of copyright committed by its customers.

ISP wins against motion picture studios: Roadshow Films Pty Ltd -v- iiNet Limited
Davies Collison Cave February 4 2010
In a landmark decision, which has been closely watched around the world, Australia's third largest ISP, iiNet, has succeeded against the major motion picture studios in the US and Australia.

iiNet and the future of file sharing – authorisation and copyright infringement
Freehills February 4 2010
The Federal Court has found that iiNet did not authorise any copyright infringement by its users who access BitTorrent systems to download copyright works - film and television programs.

Employment & Labor

Workplace bullying costs the Australian economy $14.8 billion per year
Hall & Wilcox February 4 2010
According to a draft report released by the Productivity Commission on 27 January 2010, an estimated 2.5 million Australians experience some form of bullying over the course of their working lives.

High Court decision means fundamental changes to OHS prosecutions in NSW
Blake Dawson February 4 2010
A recent High Court decision is likely to fundamentally change the investigation and prosecution of alleged safety breaches in NSW.

Human resources tax developments
Blake Dawson February 3 2010
This bulletin outlines key developments in human resources taxes (FBT, PAYG, SGC, payroll tax and workers compensation premiums) that have arisen from November 2009 to January 2010, which may impact your business.

Productivity Commission cracks down on executive pay
Norton Rose February 2 2010
On 4 January 2010, the Australian Productivity Commission released its inquiry report on executive remuneration in Australia.

Court finds company, directors misled foreign IT job seekers
Baker & McKenzie February 1 2010
The Australian Federal Court has declared that Zanok Technologies Pty Ltd (Zanok) had engaged in misleading and deceptive conduct by making false representations to foreign IT job seekers on a number of websites offering various IT job positions, including MyCareer, Seek and Gumtree.

Transitioning to modern awards
Norton Rose January 27 2010
From 1 January 2010 for employers in the national system, the new modern awards apply as a common rule to all employees in an occupation or industry as described in the scope of each modern award.

Welcome to 2010: new employer obligations – Fair Work Information Statements
Norton Rose January 27 2010
The Fair Work Information Statement is an easily overlooked requirement under the NES, however, the provision of Fair Work Information Statements to all new employees is a legal requirement under the Fair Work Act.

Energy & Natural Resources

Dampier to Bunbury Natural Gas Pipeline undertakings varied
Blake Dawson February 4 2010
The ACCC has consented to vary undertakings accepted in 2004 as a condition for approval of the acquisition of the Dampier to Bunbury Natural Gas Pipeline (DBNGP) by a consortium comprising Alinta, Alcoa and DUET.

Iron ore production joint venture under scrutiny
Nabarro LLP January 28 2010
BHP Billiton and Rio Tinto recently announced a production joint venture, combining the parties' iron ore assets in Western Australia, which is now the subject of a formal competition investigation by the European Commission.

Environment

Precautionary principle and its application to water catchments
Norton Rose February 1 2010
The Victorian Civil and Administrative Tribunal (VCAT) has recently delivered a leading decision on the application of the precautionary principle to the protection of proclaimed water catchments.

Franchising

What's new in franchising
DibbsBarker January 29 2010
The Australian Competition and Consumer Commission’s (‘ACCC’) states as its core business ensuring compliance with the Trade Practices Act 1974 (‘TPA’) through the promotion of competition and informed markets, encouraging fair trading and protection of consumers.

Information Technology

New APRA guidance on IT security risk
Blake Dawson February 5 2010
On 1 February 2010, the Australian Prudential Regulation Authority (APRA) published a prudential practice guide (PPG) – PPG 234 – Management of security risk in information and information technology.

APRA releases guide on the management of IT security
Allens Arthur Robinson February 3 2010
The Australian Prudential Regulation Authority has published a prudential practice guide, Management of security risk in information and information technology, to assist APRA-regulated institutions manage security risk for their information and information technology.

Court finds company, directors misled foreign IT job seekers
Baker & McKenzie February 1 2010
The Australian Federal Court has declared that Zanok Technologies Pty Ltd (Zanok) had engaged in misleading and deceptive conduct by making false representations to foreign IT job seekers on a number of websites offering various IT job positions, including MyCareer, Seek and Gumtree.

Insolvency & Restructuring

Government will legislate to reverse Sons of Gwalia
Blake Dawson February 4 2010
The Minister for Financial Services, Chris Bowen, has announced that, as part of an insolvency reform package, the Government will amend the Corporations Act to reverse the effect of the High Court's decision in Sons of Gwalia v Margaretic which determined that, in a corporate winding up, certain compensation claims by shareholders against the company were not subordinated to the claims of other creditors.

Insolvency law reform – good news for investment and corporate rescue in Australia
Blake Dawson February 3 2010
The Government's Corporate Insolvency Law Reform Package announced on 19 January 2010 proposes legislative reform to reverse the effect of the High Court's Sons of Gwalia decision and canvasses options for reform of insolvent trading laws, including the introduction of a business judgment rule defence to directors' liability for insolvent trading.

Scales of justice rebalanced towards creditors over shareholders
Blake Dawson February 3 2010
The Sons of Gwalia debate has been raging ever since the High Court confirmed in 2007 that shareholders who were misled by the company could seek to prove in its winding-up in competition with other unsecured creditors in respect of those claims.

Insurance & Reinsurance

Product rationalisation consultation
Blake Dawson February 4 2010
In mid-December, the Government released a Proposals Paper on product rationalisation for managed funds and the life insurance industries.

Intellectual Property

Two significant Australian copyright decisions handed down
Minter Ellison February 5 2010
The Federal Court handed down two significant copyright decisions yesterday.

Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd
Davies Collison Cave February 4 2010
In June 2009 the Federal Court of Australia considered the preliminary question of whether Larrikin (a music publisher) is the owner of the copyright in the classic Australian children's song "Kookaburra Sits in the Old Gum Tree" ("Kookaburra"), written and composed in 1934 by Marion Sinclair and the winning entry of a Victorian Girl Guides singing round competition.

Through the net: The Studios v iiNet
Blake Dawson February 4 2010
Internet Service Providers (ISPs) across the country gave a collective sigh of relief this morning when Justice Cowdroy handed down his decision in the Federal Court of Australia in the much anticipated Roadshow Films Pty Ltd & Ors v iiNet Ltd decision.

Internet service provider wins landmark case
Hall & Wilcox February 4 2010
In a judgement delivered this morning, the Federal Court of Australia has held that an internet service provider is not liable for infringements of copyright committed by its customers.

Plant breeders' rights – summary of the legal enforcement recommendations in ACIP's final report
Freehills February 4 2010
In 2005, the Australian Government requested the Advisory Council on Intellectual Property (ACIP) to review Australia's Plant Breeders Rights (PBR) regime, focusing on the difficulties that PBR owners face in enforcing their rights.

ISP wins against motion picture studios: Roadshow Films Pty Ltd -v- iiNet Limited
Davies Collison Cave February 4 2010
In a landmark decision, which has been closely watched around the world, Australia's third largest ISP, iiNet, has succeeded against the major motion picture studios in the US and Australia.

iiNet and the future of file sharing – authorisation and copyright infringement
Freehills February 4 2010
The Federal Court has found that iiNet did not authorise any copyright infringement by its users who access BitTorrent systems to download copyright works - film and television programs.

Plant Breeders Rights - summary of issues and recommendations for legal reform in ACIP's final report
Freehills February 3 2010
Since 2005, Australia's Plant Breeders Rights (PBR) regime has been under review by the Advisory Council on Intellectual Property (ACIP) in response to a request from the Commonwealth Government.

Mars remains ‘a victim of its own success’
Freehills February 1 2010
In Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174 the Full Federal Court (court) dismissed Mars' appeal against the decision of the primary judge that the labels and packaging used by Mars' competitor, Sweet Rewards, on its Delfi Malt Balls product did not constitute passing off, misleading or deceptive conduct or trade mark infringement in relation to Mars' famous Maltesers product.

Extensions of time: opposition – Kelvindale Products Pty Ltd v TFH Temporary Fence Hire Pty Ltd [2009] APO 25 (22 December 2009)
Freehills February 1 2010
Like most countries, Australian patent procedure is ostensibly comprised of a series of actions performed according to due dates in domestic legislation.

Of Malt Balls and Maltesers: Mars Australia Pty Ltd v Sweet Rewards Pty Ltd
Norton Rose January 29 2010
Mars Australia has not succeeded in its efforts to restrain the sale of a range of "Malt Balls" products sold through various discount stores, including Target and Kmart.

Litigation

Two significant Australian copyright decisions handed down
Minter Ellison February 5 2010
The Federal Court handed down two significant copyright decisions yesterday.

Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd
Davies Collison Cave February 4 2010
In June 2009 the Federal Court of Australia considered the preliminary question of whether Larrikin (a music publisher) is the owner of the copyright in the classic Australian children's song "Kookaburra Sits in the Old Gum Tree" ("Kookaburra"), written and composed in 1934 by Marion Sinclair and the winning entry of a Victorian Girl Guides singing round competition.

ASIC appeals Fortescue
Blake Dawson February 4 2010
Today ASIC announced it has filed a notice of appeal in respect of the December Federal Court decision dismissing its application for civil penalty orders against Fortescue Metals Group Ltd and its CEO, Andrew Forrest.

Through the net: The Studios v iiNet
Blake Dawson February 4 2010
Internet Service Providers (ISPs) across the country gave a collective sigh of relief this morning when Justice Cowdroy handed down his decision in the Federal Court of Australia in the much anticipated Roadshow Films Pty Ltd & Ors v iiNet Ltd decision.

Government will legislate to reverse Sons of Gwalia
Blake Dawson February 4 2010
The Minister for Financial Services, Chris Bowen, has announced that, as part of an insolvency reform package, the Government will amend the Corporations Act to reverse the effect of the High Court's decision in Sons of Gwalia v Margaretic which determined that, in a corporate winding up, certain compensation claims by shareholders against the company were not subordinated to the claims of other creditors.

Internet service provider wins landmark case
Hall & Wilcox February 4 2010
In a judgement delivered this morning, the Federal Court of Australia has held that an internet service provider is not liable for infringements of copyright committed by its customers.

ISP wins against motion picture studios: Roadshow Films Pty Ltd -v- iiNet Limited
Davies Collison Cave February 4 2010
In a landmark decision, which has been closely watched around the world, Australia's third largest ISP, iiNet, has succeeded against the major motion picture studios in the US and Australia.

High Court decision means fundamental changes to OHS prosecutions in NSW
Blake Dawson February 4 2010
A recent High Court decision is likely to fundamentally change the investigation and prosecution of alleged safety breaches in NSW.

iiNet and the future of file sharing – authorisation and copyright infringement
Freehills February 4 2010
The Federal Court has found that iiNet did not authorise any copyright infringement by its users who access BitTorrent systems to download copyright works - film and television programs.

Court finds company, directors misled foreign IT job seekers
Baker & McKenzie February 1 2010
The Australian Federal Court has declared that Zanok Technologies Pty Ltd (Zanok) had engaged in misleading and deceptive conduct by making false representations to foreign IT job seekers on a number of websites offering various IT job positions, including MyCareer, Seek and Gumtree.

Mars remains ‘a victim of its own success’
Freehills February 1 2010
In Mars Australia Pty Ltd v Sweet Rewards Pty Ltd [2009] FCAFC 174 the Full Federal Court (court) dismissed Mars' appeal against the decision of the primary judge that the labels and packaging used by Mars' competitor, Sweet Rewards, on its Delfi Malt Balls product did not constitute passing off, misleading or deceptive conduct or trade mark infringement in relation to Mars' famous Maltesers product.

Precautionary principle and its application to water catchments
Norton Rose February 1 2010
The Victorian Civil and Administrative Tribunal (VCAT) has recently delivered a leading decision on the application of the precautionary principle to the protection of proclaimed water catchments.

Extensions of time: opposition – Kelvindale Products Pty Ltd v TFH Temporary Fence Hire Pty Ltd [2009] APO 25 (22 December 2009)
Freehills February 1 2010
Like most countries, Australian patent procedure is ostensibly comprised of a series of actions performed according to due dates in domestic legislation.

Causation, loss and damage: challenges for the new shareholder class action
Freehills February 1 2010
Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet.

Air cargo class action: claims struck out
Freehills February 1 2010
In December 2009, the Federal Court struck out Auskay International Manufacturing & Trade Pty Ltd's statement of claim in representative proceedings brought on behalf of persons who had paid for freight services provided by Qantas and other air freight carriers (the respondents).

C7 decision: meaning of ‘purpose’
Freehills February 1 2010
On 2 December 2009, the Full Court of the Federal Court of Australia handed down its decision in Seven Network Limited v News Limited, the appeal from the widely publicised 'C7' decision in 2007.

Of Malt Balls and Maltesers: Mars Australia Pty Ltd v Sweet Rewards Pty Ltd
Norton Rose January 29 2010
Mars Australia has not succeeded in its efforts to restrain the sale of a range of "Malt Balls" products sold through various discount stores, including Target and Kmart.

What's new in franchising
DibbsBarker January 29 2010
The Australian Competition and Consumer Commission’s (‘ACCC’) states as its core business ensuring compliance with the Trade Practices Act 1974 (‘TPA’) through the promotion of competition and informed markets, encouraging fair trading and protection of consumers.

Media & Entertainment

Two significant Australian copyright decisions handed down
Minter Ellison February 5 2010
The Federal Court handed down two significant copyright decisions yesterday.

Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd
Davies Collison Cave February 4 2010
In June 2009 the Federal Court of Australia considered the preliminary question of whether Larrikin (a music publisher) is the owner of the copyright in the classic Australian children's song "Kookaburra Sits in the Old Gum Tree" ("Kookaburra"), written and composed in 1934 by Marion Sinclair and the winning entry of a Victorian Girl Guides singing round competition.

Through the net: The Studios v iiNet
Blake Dawson February 4 2010
Internet Service Providers (ISPs) across the country gave a collective sigh of relief this morning when Justice Cowdroy handed down his decision in the Federal Court of Australia in the much anticipated Roadshow Films Pty Ltd & Ors v iiNet Ltd decision.

Internet service provider wins landmark case
Hall & Wilcox February 4 2010
In a judgement delivered this morning, the Federal Court of Australia has held that an internet service provider is not liable for infringements of copyright committed by its customers.

ISP wins against motion picture studios: Roadshow Films Pty Ltd -v- iiNet Limited
Davies Collison Cave February 4 2010
In a landmark decision, which has been closely watched around the world, Australia's third largest ISP, iiNet, has succeeded against the major motion picture studios in the US and Australia.

iiNet and the future of file sharing – authorisation and copyright infringement
Freehills February 4 2010
The Federal Court has found that iiNet did not authorise any copyright infringement by its users who access BitTorrent systems to download copyright works - film and television programs.

C7 decision: meaning of ‘purpose’
Freehills February 1 2010
On 2 December 2009, the Full Court of the Federal Court of Australia handed down its decision in Seven Network Limited v News Limited, the appeal from the widely publicised 'C7' decision in 2007.

Shipping & Transport

ACCC grants conditional authorisation to terminal operator AAT
Freehills February 1 2010
On 3 December 2009, the ACCC granted conditional authorisation to Australian Amalgamated Terminals Pty Ltd (AAT), P&O Wharf Management Pty Limited and Plzen Pty Limited to give effect to agreements reached in 2001 and 2002 which establish the AAT joint venture.

Air cargo class action: claims struck out
Freehills February 1 2010
In December 2009, the Federal Court struck out Auskay International Manufacturing & Trade Pty Ltd's statement of claim in representative proceedings brought on behalf of persons who had paid for freight services provided by Qantas and other air freight carriers (the respondents).

Trade & Customs

The ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) will enter into force on January 1, 2010
Latham & Watkins January 20 2010
The agreement was signed by representatives of ASEAN, New Zealand and Australia on February 27, 2009 and envisions a regional common market by 2015.

White Collar Crime

Causation, loss and damage: challenges for the new shareholder class action
Freehills February 1 2010
Although the number of Australian shareholder class actions has proliferated in recent years, none has proceeded to judgment yet.

Bangladesh

Arbitration

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Public

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Shipping & Transport

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Belarus

White Collar Crime

OFAC issues proposed Belarus sanctions regulations under Executive Order 13405
Steptoe & Johnson LLP February 4 2010
On February 3, 2010, the United States Treasury Department, Office of Foreign Assets Control (OFAC) issued regulations implementing Executive Order 13405, which blocks property of certain persons undermining democratic processes or institutions in Belarus.

Belgium

Corporate Tax

C-311/08 SGI – transfer pricing
Dorsey & Whitney LLP February 4 2010
This case concerned what the ECJ (and the Belgian revenue and courts) appeared to regard as an uncommercial tax scheme.

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

Intellectual Property

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Litigation

C-311/08 SGI – transfer pricing
Dorsey & Whitney LLP February 4 2010
This case concerned what the ECJ (and the Belgian revenue and courts) appeared to regard as an uncommercial tax scheme.

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Trade & Customs

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

Bolivia

Insurance & Reinsurance

International insurance law conference
Kennedys January 29 2010
In December, the AIDA (French for International Association of Insurance Law) section in Bolivia held the Second International Insurance Conference in Santa Cruz.

The insured’s duty to keep the insured property in good condition
Kennedys January 29 2010
The insurance contract is based on risk and the Commerce Code determines that the insurer covers all risk associated with the insured property, unless otherwise established in the contract.

Brazil

General Practice

Online reporting of crimes committed on the Internet
Baker & McKenzie February 1 2010
The Brazilian Government has launched a programme that allowed any person who is aware of websites relating to child pornography, genocide or hate crimes to report them to the competent authorities for investigation via online forms available on the Brazilian Federal Police website.

Insurance & Reinsurance

The duty of the insured to properly maintain the insured property while the policy is in effect
Kennedys January 29 2010
In Brazil, utmost good-faith of the parties is an essential of the contracting and performance of insurance agreements.

Brazilian government considers "privatization" of dominant government-controlled reinsurer IRB Brasil Re
Edwards Angell Palmer & Dodge January 29 2010
The Brazilian federal government has reportedly decided to reduce its control of the nation's former reinsurance monopoly holder, IRB Brasil Re, in a move that some are referring to somewhat misleadingly as "privatization" of the entity.

Media & Entertainment

Bill on pay television gets committee approval
Baker & McKenzie February 1 2010
On 2 December 2009, the Committee of Science, Technology, Communication and Information Technology of the Brazilian House of Representatives approved Bill of Law No. 29/2007, which regulates the organisation and exploitation of pay television services.

British Virgin Islands

Banking

British Virgin Islands: new regulatory legislation
Ogier January 29 2010
New legislative provisions will come into force shortly in the British Virgin Islands relating to financial services, insurance business and financing and money services.

Capital Markets

British Virgin Islands: new regulatory legislation
Ogier January 29 2010
New legislative provisions will come into force shortly in the British Virgin Islands relating to financial services, insurance business and financing and money services.

Insurance & Reinsurance

British Virgin Islands: new regulatory legislation
Ogier January 29 2010
New legislative provisions will come into force shortly in the British Virgin Islands relating to financial services, insurance business and financing and money services.

Bulgaria

Public

Statement of President Barroso on the nomination of Commissioner-designate Kristalina Georgieva
Clifford Chance LLP January 25 2010
On 19 January 2010, Bulgarian Prime Minister Boyko Borisov informed European Commission President José Manuel Barroso of his intention to put forward Kristalina Georgieva as his country's European Commissioner-designate.

Canada

Banking

Clarifying the status of Islamic home finance in Canada
Borden Ladner Gervais LLP January 29 2010
This week the Canada Mortgage and Housing Corporation released a research report entitled "Islamic Housing Finance in Canada".

Capital Markets

The Canadian Securities Administrators publish the new regulation 55-104 – insider reporting requirements and exemptions
Fasken Martineau DuMoulin LLP February 3 2010
On January 22, 2010, the Canadian Securities Administrators ("CSA") published the National Instrument 55-104 - Insider Reporting Requirements and Exemptions ("NI 55 104") which includes significant amendments to insider reporting requirements and exemptions that will be effective on April 30, 2010.

Soost v. Merrill Lynch Canada Inc
Davis LLP February 3 2010
The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc.

Reasonable or unreasonable - if the regulator asks for it...
Cassels Brock & Blackwell LLP February 3 2010
The Investment Dealers' Association (IDA), now Investment Industry Regulatory Organization of Canada (IIROC), investigated Golden Capital, an investment dealer, for the failure of three of its employees to identify the beneficial owners of securities being traded in investment accounts.

Ontario Securities Commission releases OSC Staff Notice 33-733 - Report on Focused Reviews of Investment Funds, September 2008 - September 2009
Fasken Martineau DuMoulin LLP February 2 2010
On January 19, 2010, the Ontario Securities Commission (OSC) released Staff Notice 33-733 - Report on Focused Reviews of Investment Funds, September 2008 - September 2009.

Related party transactions: lessons learned from the OSC’s decision in MI Developments Inc.
Fraser Milner Casgrain LLP February 2 2010
A recent decision of the Ontario Securities Commission contains important guidance for issuers that enter into transactions with related parties.

CSA status update on proposed changes to corporate governance regime
Lang Michener LLP February 1 2010
On November 13, 2009, the Canadian Securities Administrators ("CSA") published a status report on changes previously proposed to the corporate governance regime in Canada.

Amendments to CDS rules proposed regarding issuance of money market securities
Stikeman Elliott LLP February 1 2010
CDS Clearing and Depository Services Inc. (CDS) recently published proposed amendments to its rules regarding the processes for issuing, transferring and maintaining custody of money market securities in CDSX.

SEC issues guidance on disclosure obligations associated with climate change
Stikeman Elliott LLP January 29 2010
Securities and Exchange Commission (SEC) rules require companies to disclose impacts or risks that are material to their business.

SEC to issue guidance on climate change disclosure
Stikeman Elliott LLP January 29 2010
On Wednesday, the U.S. Securities and Exchange Commission (SEC) approved the issuance of interpretive guidance respecting existing SEC disclosure requirements that apply to business or legal developments relating to climate change.

BCSC reissues consent to disclosure of investigation information in response to Shapray decision
Stikeman Elliott LLP January 29 2010
In response to last summer's British Columbia Court of Appeal (BCCA) decision in Shapray v. British Columbia (Securities Commission), the British Columbia Securities Commission (BCSC) has announced the rescission of BC Instrument 15-501 Disclosure of Investigation Information and its related policy, while also deleting section 2.6(d) of BC Policy 15-601 Hearings.

Changes to MFDA policy regarding complaint handling and investigations effective February 1st
Stikeman Elliott LLP January 28 2010
Amendments to MFDA Policy No. 3 Complaint Handling, Supervisory Investigations and Internal Discipline and consequential amendments to related MFDA rules and policies are scheduled to come into effect on February 1, 2010.

OSC publishes report regarding review of investment funds
Stikeman Elliott LLP January 22 2010
Earlier this week, the Ontario Securities Commission (OSC) issueda report summarizing its compliance review of various types of investment funds.

Changes to insider reporting: 5 day filing, deemed beneficial ownership and reporting for derivatives
Borden Ladner Gervais LLP January 22 2010
On January 22, 2010, the Canadian Securities Administrators (the CSA) published the final version of National Instrument 55-104 Insider Reporting Requirements and Exemptions (NI 55-104), together with a Companion Policy and related consequential amendments, which will come into effect on April 30, 2010.

Ministerial approval announced of amendments to marketplace operation and trading rules
Stikeman Elliott LLP January 22 2010
On January 12, 2010, the Minister of Finance approved amendments to National Instrument 21-101 Marketplace Operation and National Instrument 23-101 Trading Rules, which were originally published in November 2009 with technical corrections made in December 2009.

OSC amends rules regarding fees
Stikeman Elliott LLP January 22 2010
The Ontario Securities Commission (OSC) has announced that it has made amendments to OSC Rule 13-502 Fees and OSC Rule 13-503 (Commodity Futures Act) as well as to their respective companion policies.

New CSA insider reporting regime scheduled to come into force in April 2010
Stikeman Elliott LLP January 22 2010
The Canadian Securities Administrators (CSA) today announced the adoption of National Instrument 55-104 Insider Reporting Requirements and Exemptions (NI 55-104), and the related companion policy, along with the repeal of, or amendments to, a number of related instruments and policies.

Continuous disclosure: what’s new for 2010
Borden Ladner Gervais LLP January 19 2010
Every year we are asked what has changed to the continuous disclosure requirements for Canadian public companies.

Brokers’ report: special edition
Borden Ladner Gervais LLP January 14 2010
Justice Perell of the Ontario Superior Court of Justice has dismissed a motion by a proposed class to certify a class action claiming that a number of mutual fund companies failed to stop market timing in the mutual funds they managed.

Canada–U.S. Treaty could impact Latin American investments in North America
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by a Latin American investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Commercial Property

When part performance can make an unexecuted agreement binding
Borden Ladner Gervais LLP January 28 2010
Typically, agreements dealing with real property are only binding if made in writing and executed by the parties.

Company & Commercial

CSA status update on proposed changes to corporate governance regime
Lang Michener LLP February 1 2010
On November 13, 2009, the Canadian Securities Administrators ("CSA") published a status report on changes previously proposed to the corporate governance regime in Canada.

Dell agrees to corporate governance reforms in litigation settlement
Lang Michener LLP February 1 2010
In September 2009, Dell Inc. (“Dell”) agreed to settle a shareholder derivative action claiming breach of fiduciary duties by certain past and present Dell officers, employees and directors.

SEC to issue guidance on climate change disclosure
Stikeman Elliott LLP January 29 2010
On Wednesday, the U.S. Securities and Exchange Commission (SEC) approved the issuance of interpretive guidance respecting existing SEC disclosure requirements that apply to business or legal developments relating to climate change.

Doing business in Canada
McMillan LLP January 20 2010
No decision to establish or invest in a business abroad should be made without a basic understanding of the legal framework in which the business operates or will operate.

Competition

Microsoft motion to dismiss
Davis LLP February 2 2010
According to Gamasutra, in October 2009, Microsoft removed support for third-party memory cards on Xbox 360 through a software update.

Ticketmaster and Live Nation agree to consent agreement to resolve Competition Bureau concerns
Stikeman Elliott LLP February 1 2010
On January 25, 2010, the Competition Bureau announced that it had entered into a consent agreement with Ticketmaster Entertainment, Inc. and Live Nation, Inc. to resolve competition concerns identified by the Bureau with respect to their proposed merger.

Canada's Competitor Collaboration Guidelines issued in final form
Stikeman Elliott LLP January 18 2010
The Canadian Competition Bureau published the promised Competitor Collaboration Guidelines on December 23, 2009, less than three months before the coming into force of the new, stricter, criminal cartel provisions and their companion civil provisions applicable to non-criminal, but anti-competitive, competitor agreements.

Federal Court of Appeal clarifies misleading advertising provisions
Stikeman Elliott LLP January 15 2010
On October 15, 2009, the Federal Court of Appeal allowed the Commissioner of Competition's appeal of a Competition Tribunal decision involving misleading representations by a Vancouver career-consulting business.

Lower thresholds for both Competition Act and Investment Canada Act in 2010
Stikeman Elliott LLP January 15 2010
Unless changed by regulation, the "size of target" threshold for advance notification under the Competition Act of transactions involving Canadian businesses will likely be reduced to C$67 million, in accordance with the GDP indexing provisions which were introduced in amendments to the Act last March.

Commercial agreements among competitors: a new antitrust regime coming to Canada in March 2010
Ogilvy Renault LLP January 12 2010
Antitrust law in Canada is, for the most part, contained in the Competition Act (Act), a federal statute that prohibits various kinds of anticompetitive behaviour, including commercial agreements among competitors that have anti-competitive effects.

Corporate Finance/M&A

Related party transactions: lessons learned from the OSC’s decision in MI Developments Inc.
Fraser Milner Casgrain LLP February 2 2010
A recent decision of the Ontario Securities Commission contains important guidance for issuers that enter into transactions with related parties.

Year in review: lessons for acquirors
Lang Michener LLP February 1 2010
The past year has seen a number of important judicial and regulatory decisions arising from transactions attempted despite the credit crisis, or as a result of it - in an attempt to take advantage of lower valuations or the inability to access capital.

Lower thresholds for both Competition Act and Investment Canada Act in 2010
Stikeman Elliott LLP January 15 2010
Unless changed by regulation, the "size of target" threshold for advance notification under the Competition Act of transactions involving Canadian businesses will likely be reduced to C$67 million, in accordance with the GDP indexing provisions which were introduced in amendments to the Act last March.

Canada–U.S. treaty could impact Japan-North American investments
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by Japanese investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Corporate Tax

No time like the present to declare previously unreported offshore income
Gowling Lafleur Henderson LLP February 3 2010
As banking secrecy is eroded in formerly tight-lipped jurisdictions like Switzerland, there is no time like the present to come forward under the Canadian voluntary disclosure ("VD") program to declare previously unreported foreign income and avoid significant fines, penalties, interest and even potential criminal prosecution.

Restrictions on input tax credits for HST on energy and other inputs
Gowling Lafleur Henderson LLP February 3 2010
British Columbia and Ontario are replacing their provincial sales taxes and the federal Goods and Services Tax (GST) with a single Harmonized Sales Tax (HST) from July 1, 2010.

In transfer pricing size does matter: the case of General Electric Capital Canada and the Canada Revenue Agency
Gowling Lafleur Henderson LLP February 3 2010
On December 4th 2009, the Tax Court of Canada (“TCC”) ruled on one of Canada’s most significant cases to date regarding guarantee fees, the case of General Electric Capital Canada Inc. (“GEC”).

Timely consideration of tax implications
Lang Michener LLP February 1 2010
Civil litigation matters can sometimes proceed in a tax vacuum, with the tax implications only considered after the parties have agreed to a settlement or a judge has rendered a decision.

Canada interprets anti-hybrid rules in treaty with the U.S.
Borden Ladner Gervais LLP January 14 2010
The Canada Revenue Agency (“CRA”) recently provided its views on the application by Canada of its domestic rules to certain planning which has been proposed to avoid the application of the anti-hybrid rules in the Canada-U.S. Income Tax Convention (the “Treaty").

Canada–U.S. Treaty could impact Latin American investments in North America
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by a Latin American investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Canada–U.S. treaty could impact Japan-North American investments
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by Japanese investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Derivatives

New Brunswick Securities Commission answers frequently asked questions on local derivatives rule
Stikeman Elliott LLP January 26 2010
On January 7, the New Brunswick Securities Commission (NBSC) published NBSC Notice 91-701 to respond to certain frequently asked questions on NBSC Local Rule 91-501 Derivatives (the Rule).

OSC amends rules regarding fees
Stikeman Elliott LLP January 22 2010
The Ontario Securities Commission (OSC) has announced that it has made amendments to OSC Rule 13-502 Fees and OSC Rule 13-503 (Commodity Futures Act) as well as to their respective companion policies.

E-commerce

New legislation to improve protection and efficiency in electronic commerce
Stikeman Elliott LLP January 15 2010
On December 1, 2009, Bill C-27, also known as the Electronic Commerce Protection Act, passed through first reading in the Senate.

Employee Benefits & Pensions

CAPSA consultation update - prudence standard in pension plan funding and investments
Osler Hoskin & Harcourt LLP January 28 2010
As I discussed in an earlier post, the Canadian Association of Pension Supervisory Authorities recently published a consultation paper entitled "The Prudence Standard and the Roles of the Plan Sponsor and Plan Administrator in Pension Plan Funding and Investment" (PDF).

Ontario Court of Appeal exacerbates uncertainty for pension plans affected by business reorganizations
Borden Ladner Gervais LLP January 13 2010
In a recently released decision, Hydro One Inc. Ontario (Financial Services Commission), the Ontario Court of Appeal reconsidered the threshold for when the Superintendent of Financial Services (the “Superintendent”) may order a partial wind-up of a pension plan pursuant to paragraph 69(1)(d) of the Pension Benefits Act (Ontario) (the “PBA”).

Employment & Labor

Lewis v. Lehigh Northwest Cement Limited
Davis LLP February 3 2010
The plaintiff R. Lewis was employed by the defendant Lehigh Northwest Cement Limited for 26 years.

Slepenkova v. Ivanov
Davis LLP February 3 2010
The defendant Ivanov, a licensed real estate agent, dismissed the plaintiff Slepenkova from her position as a real estate sales person when the plaintiff refused to amend her employment agreement.

Van Woerkens v. Marriott Hotels of Canada Ltd
Davis LLP February 3 2010
The defendant Marriott Hotels of Canada Ltd. terminated the plaintiff Mr. van Woerkens from his management position due to his alleged conduct at the company’s holiday party.

Soost v. Merrill Lynch Canada Inc
Davis LLP February 3 2010
The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc.

Employees’ family obligations: to what extent must they be accommodated?
Fasken Martineau DuMoulin LLP February 2 2010
Your employee is a single parent.

Timely consideration of tax implications
Lang Michener LLP February 1 2010
Civil litigation matters can sometimes proceed in a tax vacuum, with the tax implications only considered after the parties have agreed to a settlement or a judge has rendered a decision.

Changes to court procedures may make it easier and less expensive for employees to sue their employers
McCarthy Tétrault January 29 2010
Significant changes have been made to the Ontario Rules of Civil Procedure, the process and framework by which legal actions, including wrongful dismissal actions, proceed.

Energy & Natural Resources

Restrictions on input tax credits for HST on energy and other inputs
Gowling Lafleur Henderson LLP February 3 2010
British Columbia and Ontario are replacing their provincial sales taxes and the federal Goods and Services Tax (GST) with a single Harmonized Sales Tax (HST) from July 1, 2010.

Aboriginal law 2009 - a year in review
Gowling Lafleur Henderson LLP February 3 2010
The Court recognized that there is a historic and present rights-bearing Métis community within the entire area of southern Manitoba.

A quick discourse on shale gas
Gowling Lafleur Henderson LLP February 3 2010
Much has been written recently on the topic of shale gas.

Federal assessments more stringent
Bull Housser & Tupper LLP January 28 2010
A recent decision of the Supreme Court of Canada has determined that a project subject to federal environmental assessment must be assessed based on the full project as proposed not narrowed to areas of specific federal jurisdiction.

Environment

SEC issues guidance on disclosure obligations associated with climate change
Stikeman Elliott LLP January 29 2010
Securities and Exchange Commission (SEC) rules require companies to disclose impacts or risks that are material to their business.

SEC to issue guidance on climate change disclosure
Stikeman Elliott LLP January 29 2010
On Wednesday, the U.S. Securities and Exchange Commission (SEC) approved the issuance of interpretive guidance respecting existing SEC disclosure requirements that apply to business or legal developments relating to climate change.

Federal assessments more stringent
Bull Housser & Tupper LLP January 28 2010
A recent decision of the Supreme Court of Canada has determined that a project subject to federal environmental assessment must be assessed based on the full project as proposed not narrowed to areas of specific federal jurisdiction.

Of proposing and scoping: seminal environmental assessment decision by Supreme Court of Canada
Borden Ladner Gervais LLP January 21 2010
Today, the Supreme Court of Canada released its much-anticipated environmental law decision in MiningWatch Canada v. Canada (Fisheries and Oceans).

Ontario MOE overhauls key brownfields regulation
Borden Ladner Gervais LLP January 13 2010
On December 29, 2009, the Ontario Ministry of the Environment (the "MOE") filed Ontario Regulation 511/09, introducing important amendments to Ontario Regulation 153/04, the principal regulation which governs the preparation and filing of Records of Site Condition.

Healthcare

PMPRB issues first vaccines pricing decision
Gowling Lafleur Henderson LLP February 4 2010
In a decision dated December 21, 2009 (and published on the PMRPB website on January 28, 2010) the Patented Medicine Prices Review Board ("PMPRB") decided the merits of the matter of Sanofi Pasteur Limited and the medicines Quadracel and Pentacel, which are multi-component vaccines designed to protect against multiple diseases.

Federal Court refuses to preliminarily decide propriety of asserting infringement defence to a section 8 damages claim
Ogilvy Renault LLP February 3 2010
On January 27, 2010, Justice Hughes of the Federal Court ruled that it was premature to decide whether an innovative drug company could assert a defence of patent infringement in response to a damages action commenced by a generic drug manufacturer pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "PM(NOC) Regulations").

PMPRB decisions and cases – the year 2009 in review
Gowling Lafleur Henderson LLP February 3 2010
During 2009, a number of key decisions issued from panels of the Patented Medicine Prices Review Board (PMPRB) and the courts on issues relating to Canada's federal system of price control.

Novopharm successful in NOC proceeding for methylphenidate product
Heenan Blaikie LLP February 2 2010
In Janssen-Ortho Inc. and Alza Corp. v. Novopharm, Justice Zinn dismissed a prohibition proceeding allowing Novopharm to bring its generic version of CONCERTA methylphenidate extended release tablets to market.

Electronic health records – privacy and security issues
Lang Michener LLP January 27 2010
Electronic health records offer significant advantages to effective health care.

Information Technology

Microsoft motion to dismiss
Davis LLP February 2 2010
According to Gamasutra, in October 2009, Microsoft removed support for third-party memory cards on Xbox 360 through a software update.

Electronic health records – privacy and security issues
Lang Michener LLP January 27 2010
Electronic health records offer significant advantages to effective health care.

Intellectual Property

PMPRB issues first vaccines pricing decision
Gowling Lafleur Henderson LLP February 4 2010
In a decision dated December 21, 2009 (and published on the PMRPB website on January 28, 2010) the Patented Medicine Prices Review Board ("PMPRB") decided the merits of the matter of Sanofi Pasteur Limited and the medicines Quadracel and Pentacel, which are multi-component vaccines designed to protect against multiple diseases.

Federal Court refuses to preliminarily decide propriety of asserting infringement defence to a section 8 damages claim
Ogilvy Renault LLP February 3 2010
On January 27, 2010, Justice Hughes of the Federal Court ruled that it was premature to decide whether an innovative drug company could assert a defence of patent infringement in response to a damages action commenced by a generic drug manufacturer pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "PM(NOC) Regulations").

PMPRB decisions and cases – the year 2009 in review
Gowling Lafleur Henderson LLP February 3 2010
During 2009, a number of key decisions issued from panels of the Patented Medicine Prices Review Board (PMPRB) and the courts on issues relating to Canada's federal system of price control.

Novopharm successful in NOC proceeding for methylphenidate product
Heenan Blaikie LLP February 2 2010
In Janssen-Ortho Inc. and Alza Corp. v. Novopharm, Justice Zinn dismissed a prohibition proceeding allowing Novopharm to bring its generic version of CONCERTA methylphenidate extended release tablets to market.

Litigation

Lewis v. Lehigh Northwest Cement Limited
Davis LLP February 3 2010
The plaintiff R. Lewis was employed by the defendant Lehigh Northwest Cement Limited for 26 years.

Federal Court refuses to preliminarily decide propriety of asserting infringement defence to a section 8 damages claim
Ogilvy Renault LLP February 3 2010
On January 27, 2010, Justice Hughes of the Federal Court ruled that it was premature to decide whether an innovative drug company could assert a defence of patent infringement in response to a damages action commenced by a generic drug manufacturer pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "PM(NOC) Regulations").

PMPRB decisions and cases – the year 2009 in review
Gowling Lafleur Henderson LLP February 3 2010
During 2009, a number of key decisions issued from panels of the Patented Medicine Prices Review Board (PMPRB) and the courts on issues relating to Canada's federal system of price control.

Aboriginal law 2009 - a year in review
Gowling Lafleur Henderson LLP February 3 2010
The Court recognized that there is a historic and present rights-bearing Métis community within the entire area of southern Manitoba.

Slepenkova v. Ivanov
Davis LLP February 3 2010
The defendant Ivanov, a licensed real estate agent, dismissed the plaintiff Slepenkova from her position as a real estate sales person when the plaintiff refused to amend her employment agreement.

Van Woerkens v. Marriott Hotels of Canada Ltd
Davis LLP February 3 2010
The defendant Marriott Hotels of Canada Ltd. terminated the plaintiff Mr. van Woerkens from his management position due to his alleged conduct at the company’s holiday party.

In transfer pricing size does matter: the case of General Electric Capital Canada and the Canada Revenue Agency
Gowling Lafleur Henderson LLP February 3 2010
On December 4th 2009, the Tax Court of Canada (“TCC”) ruled on one of Canada’s most significant cases to date regarding guarantee fees, the case of General Electric Capital Canada Inc. (“GEC”).

Soost v. Merrill Lynch Canada Inc
Davis LLP February 3 2010
The plaintiff Soost was summarily dismissed from his position as a financial advisor by the defendant Merrill Lynch Canada Inc.

Reasonable or unreasonable - if the regulator asks for it...
Cassels Brock & Blackwell LLP February 3 2010
The Investment Dealers' Association (IDA), now Investment Industry Regulatory Organization of Canada (IIROC), investigated Golden Capital, an investment dealer, for the failure of three of its employees to identify the beneficial owners of securities being traded in investment accounts.

Employees’ family obligations: to what extent must they be accommodated?
Fasken Martineau DuMoulin LLP February 2 2010
Your employee is a single parent.

Novopharm successful in NOC proceeding for methylphenidate product
Heenan Blaikie LLP February 2 2010
In Janssen-Ortho Inc. and Alza Corp. v. Novopharm, Justice Zinn dismissed a prohibition proceeding allowing Novopharm to bring its generic version of CONCERTA methylphenidate extended release tablets to market.

Microsoft motion to dismiss
Davis LLP February 2 2010
According to Gamasutra, in October 2009, Microsoft removed support for third-party memory cards on Xbox 360 through a software update.

Year in review: lessons for acquirors
Lang Michener LLP February 1 2010
The past year has seen a number of important judicial and regulatory decisions arising from transactions attempted despite the credit crisis, or as a result of it - in an attempt to take advantage of lower valuations or the inability to access capital.

Timely consideration of tax implications
Lang Michener LLP February 1 2010
Civil litigation matters can sometimes proceed in a tax vacuum, with the tax implications only considered after the parties have agreed to a settlement or a judge has rendered a decision.

Dell agrees to corporate governance reforms in litigation settlement
Lang Michener LLP February 1 2010
In September 2009, Dell Inc. (“Dell”) agreed to settle a shareholder derivative action claiming breach of fiduciary duties by certain past and present Dell officers, employees and directors.

Changes to court procedures may make it easier and less expensive for employees to sue their employers
McCarthy Tétrault January 29 2010
Significant changes have been made to the Ontario Rules of Civil Procedure, the process and framework by which legal actions, including wrongful dismissal actions, proceed.

BCSC reissues consent to disclosure of investigation information in response to Shapray decision
Stikeman Elliott LLP January 29 2010
In response to last summer's British Columbia Court of Appeal (BCCA) decision in Shapray v. British Columbia (Securities Commission), the British Columbia Securities Commission (BCSC) has announced the rescission of BC Instrument 15-501 Disclosure of Investigation Information and its related policy, while also deleting section 2.6(d) of BC Policy 15-601 Hearings.

When part performance can make an unexecuted agreement binding
Borden Ladner Gervais LLP January 28 2010
Typically, agreements dealing with real property are only binding if made in writing and executed by the parties.

Federal assessments more stringent
Bull Housser & Tupper LLP January 28 2010
A recent decision of the Supreme Court of Canada has determined that a project subject to federal environmental assessment must be assessed based on the full project as proposed not narrowed to areas of specific federal jurisdiction.

Of proposing and scoping: seminal environmental assessment decision by Supreme Court of Canada
Borden Ladner Gervais LLP January 21 2010
Today, the Supreme Court of Canada released its much-anticipated environmental law decision in MiningWatch Canada v. Canada (Fisheries and Oceans).

Federal Court of Appeal clarifies misleading advertising provisions
Stikeman Elliott LLP January 15 2010
On October 15, 2009, the Federal Court of Appeal allowed the Commissioner of Competition's appeal of a Competition Tribunal decision involving misleading representations by a Vancouver career-consulting business.

Brokers’ report: special edition
Borden Ladner Gervais LLP January 14 2010
Justice Perell of the Ontario Superior Court of Justice has dismissed a motion by a proposed class to certify a class action claiming that a number of mutual fund companies failed to stop market timing in the mutual funds they managed.

Ontario Court of Appeal exacerbates uncertainty for pension plans affected by business reorganizations
Borden Ladner Gervais LLP January 13 2010
In a recently released decision, Hydro One Inc. Ontario (Financial Services Commission), the Ontario Court of Appeal reconsidered the threshold for when the Superintendent of Financial Services (the “Superintendent”) may order a partial wind-up of a pension plan pursuant to paragraph 69(1)(d) of the Pension Benefits Act (Ontario) (the “PBA”).

Media & Entertainment

Ticketmaster and Live Nation agree to consent agreement to resolve Competition Bureau concerns
Stikeman Elliott LLP February 1 2010
On January 25, 2010, the Competition Bureau announced that it had entered into a consent agreement with Ticketmaster Entertainment, Inc. and Live Nation, Inc. to resolve competition concerns identified by the Bureau with respect to their proposed merger.

Federal Court of Appeal clarifies misleading advertising provisions
Stikeman Elliott LLP January 15 2010
On October 15, 2009, the Federal Court of Appeal allowed the Commissioner of Competition's appeal of a Competition Tribunal decision involving misleading representations by a Vancouver career-consulting business.

Private Client & Offshore Services

No time like the present to declare previously unreported offshore income
Gowling Lafleur Henderson LLP February 3 2010
As banking secrecy is eroded in formerly tight-lipped jurisdictions like Switzerland, there is no time like the present to come forward under the Canadian voluntary disclosure ("VD") program to declare previously unreported foreign income and avoid significant fines, penalties, interest and even potential criminal prosecution.

Projects & Procurement

Montreal Métro invites bids for 765 cars with an option for up to 288 more - total contract value could top $3 billion
Davis LLP February 2 2010
The Societe de transport de Montreal ("STM") and http://www.mtq.gouv.qc.ca/portal/page/portal/accueil_en recently announced that the procurement of a new fleet of rubber-tyred Métro cars would be put out to tender again.

Assessing the secondwave of P3 infrastructure projects in Canada: a digest
Borden Ladner Gervais LLP January 28 2010
This bulletin summarizes a report recently released by The Conference Board of Canada entitled Dispelling the Myths: A Pan-Canadian Assessment of Public- Private Partnerships for Infrastructure Investments.

Public

Reasonable or unreasonable - if the regulator asks for it...
Cassels Brock & Blackwell LLP February 3 2010
The Investment Dealers' Association (IDA), now Investment Industry Regulatory Organization of Canada (IIROC), investigated Golden Capital, an investment dealer, for the failure of three of its employees to identify the beneficial owners of securities being traded in investment accounts.

Premier of Ontario unveils new Cabinet
Borden Ladner Gervais LLP January 20 2010
On January 18, 2010, Premier of Ontario Dalton McGuinty announced changes to his Cabinet.

The new Alberta Cabinet
Borden Ladner Gervais LLP January 13 2010
On January 13, 2010, Premier Ed Stelmach, shuffled his Cabinet adding three new members of cabinet and assigning nine current ministers to new portfolios.

Cayman Islands

Insolvency & Restructuring

Delaware Bankruptcy Court grants Chapter 15 protection over U.S. assets of Cayman Islands fund in liquidation
Schulte Roth & Zabel LLP January 26 2010
In a recent decision, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) granted protection over the U.S. assets of a Cayman Islands exempted company in liquidation.

Litigation

Delaware Bankruptcy Court grants Chapter 15 protection over U.S. assets of Cayman Islands fund in liquidation
Schulte Roth & Zabel LLP January 26 2010
In a recent decision, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) granted protection over the U.S. assets of a Cayman Islands exempted company in liquidation.

Private Client & Offshore Services

Delaware Bankruptcy Court grants Chapter 15 protection over U.S. assets of Cayman Islands fund in liquidation
Schulte Roth & Zabel LLP January 26 2010
In a recent decision, the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) granted protection over the U.S. assets of a Cayman Islands exempted company in liquidation.

Chile

Insurance & Reinsurance

Duty of maintenance in the context of property policies
Kennedys January 29 2010
Risk is an essential aspect of insurance, and we must bear in mind that insurance is designed to transfer risks to the insurer in exchange for a premium.

China

Arbitration

Enforceability of Hong Kong arbitral awards in mainland China
Edwards Angell Palmer & Dodge February 2 2010
The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement").

Asset Finance

The emergence of Chinese banks into global aircraft financing
Norton Rose February 2 2010
The general view amongst industry analysts appears to be that the global economic crisis of the past 18 months has reached the bottom of the cycle and that we are now beginning a period of slow (albeit unstable) recovery within the aviation sector.

Aviation

The emergence of Chinese banks into global aircraft financing
Norton Rose February 2 2010
The general view amongst industry analysts appears to be that the global economic crisis of the past 18 months has reached the bottom of the cycle and that we are now beginning a period of slow (albeit unstable) recovery within the aviation sector.

Banking

China's first court ruling on personal financial service disputes says banks are not liable for damages of clients' financial products
King & Wood January 30 2010
In the aftermath of the global financial crisis, many Chinese investors suffered losses due to the financial management services that they purchased from foreign banks and claimed damages by filing lawsuits against these banks.

Capital Markets

"Soon and very soon": index futures trading, margin trading and securities lending in China
Clifford Chance LLP January 28 2010
China's equities market was greeted in the new year by a groundbreaking announcement from the China Securities Regulatory Commission ("CSRC"), the market's regulator.

Commercial Property

Notice Regarding Facilitating the Stable and Healthy Development of the Real Estate Market
Squire Sanders & Dempsey LLP February 3 2010
The General Office of the State Council issued a Notice Regarding Facilitating the Stable and Healthy Development of the Real Estate Market on January 7, 2010 (the Notice).

Corporate Tax

China clarifies 'beneficial owner' under double taxation agreements to address 'treaty shopping'
Allens Arthur Robinson February 1 2010
The PRC State Administration of Taxation recently released a circular clarifying when an offshore company will be considered the 'beneficial owner' of a PRC company for the purpose of obtaining relief under a double taxation agreement.

China weaves a tax net over offshore SPVs
King & Wood January 30 2010
It is common for multinational companies to deploy offshore holding structures or set up special purpose vehicles ("SPVs") in tax havens to make investment, enter into cross border transactions or go IPO.

New regulations on corporate income tax on gains from transfers of equity interest by non-resident enterprises
Paul Weiss Rifkind Wharton & Garrison LLP January 29 2010
In an attempt to strengthen regulation of corporate income tax ("CIT") on gains from transfers ("Transfers") by non-tax resident enterprises ("NTREs") of equity interest in tax resident enterprises ("CTREs"), on December 10, 2009, the State Administration of Taxation issued Guoshuihan 698.

Derivatives

"Soon and very soon": index futures trading, margin trading and securities lending in China
Clifford Chance LLP January 28 2010
China's equities market was greeted in the new year by a groundbreaking announcement from the China Securities Regulatory Commission ("CSRC"), the market's regulator.

Employment & Labor

Court rules that termination for refusal to sign employee handbook is invalid
Baker & McKenzie February 1 2010
On November 26, 2009, the No 1 Intermediate People's Court in Beijing reportedly ruled that a company's modified employee handbook was unenforceable because the modification did not follow a democratic procedure.

PRC labour law - bitesize
Mayer Brown LLP January 28 2010
Is every PRC employee entitled to paid annual leave?

Employment contract for expatriate general manager ruled invalid
Baker & McKenzie January 25 2010
The Changping District People's Court in Beijing reportedly ruled in November that a general manager's employment contract was invalid when the board chairman of a high-tech company in Beijing signed an employment contract with and appointed himself as the general manager.

Energy & Natural Resources

China revamps Renewable Energy Law
Mayer Brown LLP January 28 2010
The National People's Congress ("NPC") Standing Committee adopted amendments to the Renewable Energy Law ("REL Amendments") on 26 December 2009, although they will not become effective until 1 April 2010.

Environment

China adopts Tort Liability Law
Squire Sanders & Dempsey LLP February 3 2010
In December 2009 the PRC government adopted the Tort Law, which outlines the standards for tort liability and mitigating factors, product liability standards, liability for automobile accidents (Articles 48-53), liability for medical malpractice (Articles 54-64), liability for environmental damage (Articles 65-68), liability for hazardous products and activities (Articles 69-77), liability caused by persons who raise animals (Articles 78-84), and liability for damages caused by the collapse of structures or buildings (Articles 85-91).

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Healthcare

Protecting biological and pharmaceutical intellectual property rights in China
King & Wood January 30 2010
While many industries are struggling to survive the global financial meltdown, biological and pharmaceutical sectors remain active despite of the change of international economic climate.

New PRC Tort Law offers clarification on medical product liability, remains silent on top industry concerns
Sidley Austin LLP January 29 2010
After eight years of deliberation and four rounds of revisions, the Tort Law of the People's Republic of China (the Tort Law) was adopted by the Standing Committee of the National People's Congress on December 26, 2009 and will become effective on July 1, 2010.

Intellectual Property

Legal protection for advertising slogan
King & Wood January 30 2010
Advertising slogans are quite commonly used in marketing and product promotion.

Protecting biological and pharmaceutical intellectual property rights in China
King & Wood January 30 2010
While many industries are struggling to survive the global financial meltdown, biological and pharmaceutical sectors remain active despite of the change of international economic climate.

New guidance in patent infringement actions
Rouse January 28 2010
On 1 January 2010, the Supreme People's Court of the People's Republic of China issued guidance in relation to patent infringement trials, by issuing its Interpretation by the Supreme People's Court on Some Issues Concerning the Application of Laws to the Trial of Patent Infringement Disputes (Interpretation).

Double filing under China’s new Patent Law
Rouse January 28 2010
One of the more significant changes introduced by the third Amendment to Chinas Patent Law, which came into effect on 1 October 2009, relates to double filing: the filing of applications for both invention and utility model patents.

Chinese utility models: a closer look
Nutter McClennen & Fish LLP January 22 2010
Chinas patent system provides three types of patent rights: invention, utility model and design.

The importance of patents in China
Haynes and Boone LLP January 11 2010
Intellectual Property Rights (IPR) is a hot topic in China.

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Five IP offices’ website launched
Rouse January 6 2010
The world’s five major intellectual property offices – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO), also known as “IP5” – have launched a new website to provide information on their joint projects.

Leisure & Tourism

State Council seeks to turn Hainan into “Hawaii of China”
Squire Sanders & Dempsey LLP February 3 2010
On the last day of 2009, the PRC State Council issued Several Opinions Regarding Boosting Hainan to Develop Into an International Tourism Island (the Opinions).

Litigation

Enforceability of Hong Kong arbitral awards in mainland China
Edwards Angell Palmer & Dodge February 2 2010
The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement").

Court rules that termination for refusal to sign employee handbook is invalid
Baker & McKenzie February 1 2010
On November 26, 2009, the No 1 Intermediate People's Court in Beijing reportedly ruled that a company's modified employee handbook was unenforceable because the modification did not follow a democratic procedure.

China's first court ruling on personal financial service disputes says banks are not liable for damages of clients' financial products
King & Wood January 30 2010
In the aftermath of the global financial crisis, many Chinese investors suffered losses due to the financial management services that they purchased from foreign banks and claimed damages by filing lawsuits against these banks.

New guidance in patent infringement actions
Rouse January 28 2010
On 1 January 2010, the Supreme People's Court of the People's Republic of China issued guidance in relation to patent infringement trials, by issuing its Interpretation by the Supreme People's Court on Some Issues Concerning the Application of Laws to the Trial of Patent Infringement Disputes (Interpretation).

Employment contract for expatriate general manager ruled invalid
Baker & McKenzie January 25 2010
The Changping District People's Court in Beijing reportedly ruled in November that a general manager's employment contract was invalid when the board chairman of a high-tech company in Beijing signed an employment contract with and appointed himself as the general manager.

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Media & Entertainment

Legal protection for advertising slogan
King & Wood January 30 2010
Advertising slogans are quite commonly used in marketing and product promotion.

Private Client & Offshore Services

China clarifies 'beneficial owner' under double taxation agreements to address 'treaty shopping'
Allens Arthur Robinson February 1 2010
The PRC State Administration of Taxation recently released a circular clarifying when an offshore company will be considered the 'beneficial owner' of a PRC company for the purpose of obtaining relief under a double taxation agreement.

China weaves a tax net over offshore SPVs
King & Wood January 30 2010
It is common for multinational companies to deploy offshore holding structures or set up special purpose vehicles ("SPVs") in tax havens to make investment, enter into cross border transactions or go IPO.

Product Liability

China adopts Tort Liability Law
Squire Sanders & Dempsey LLP February 3 2010
In December 2009 the PRC government adopted the Tort Law, which outlines the standards for tort liability and mitigating factors, product liability standards, liability for automobile accidents (Articles 48-53), liability for medical malpractice (Articles 54-64), liability for environmental damage (Articles 65-68), liability for hazardous products and activities (Articles 69-77), liability caused by persons who raise animals (Articles 78-84), and liability for damages caused by the collapse of structures or buildings (Articles 85-91).

New PRC Tort Law offers clarification on medical product liability, remains silent on top industry concerns
Sidley Austin LLP January 29 2010
After eight years of deliberation and four rounds of revisions, the Tort Law of the People's Republic of China (the Tort Law) was adopted by the Standing Committee of the National People's Congress on December 26, 2009 and will become effective on July 1, 2010.

Professional Negligence

China adopts Tort Liability Law
Squire Sanders & Dempsey LLP February 3 2010
In December 2009 the PRC government adopted the Tort Law, which outlines the standards for tort liability and mitigating factors, product liability standards, liability for automobile accidents (Articles 48-53), liability for medical malpractice (Articles 54-64), liability for environmental damage (Articles 65-68), liability for hazardous products and activities (Articles 69-77), liability caused by persons who raise animals (Articles 78-84), and liability for damages caused by the collapse of structures or buildings (Articles 85-91).

Projects & Procurement

Draft implementation rules of Government Procurement Law are published for comment
Squire Sanders & Dempsey LLP February 3 2010
After the PRC Government Procurement Law (the Law) was passed nearly eight years ago, its draft implementing rules (the Draft Rules) were finally issued for public comment on January 11, 2010.

Colombia

E-commerce

Another detour? Steer internet traffic to your sites by registering .co domains
Haynes and Boone LLP February 2 2010
In what may be a new opportunity for cybersquatters, the Colombian .co registry will soon allow for registration of domain names ending in simply .co.

Insurance & Reinsurance

The insured’s duty to keep the insured property in good condition
Kennedys January 29 2010
The duty of the insured to properly maintain the insured property is usually established within the policy wording.

Cuba

Trade & Customs

Omnibus Appropriations Act may increase US exports to Cuba
Sidley Austin LLP January 22 2010
The recently signed Omnibus Appropriations Act may increase sales to Cuba of agricultural commodities, medicine and medical products by reversing a 2005 interpretation of 'cash in advance', as set out in the Trade Sanctions Reform Act 2000.

European Union

Arbitration

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

Aviation

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Banking

Progress of reform initiatives in Parliament
Denton Wilde Sapte LLP January 29 2010
According to the European Parliament's legislative observatory, a report on cross-border crisis management in the banking sector should be adopted in June.

European Commission publishes report on tying and other potentially unfair commercial practices in retail financial services
Edwards Angell Palmer & Dodge January 29 2010
On 15 January 2010, the Internal Market Directorate General of the European Commission published for consultation a paper by the Centre for European Policy Studies entitled "Tying and other potentially unfair commercial practices in the retail financial service sector".

ISDA comments on crisis management
Denton Wilde Sapte LLP January 29 2010
ISDA has responded to the Commission Communication on cross-border crisis management in the banking sector.

Commission confirms B&B and Dunfermline plans
Denton Wilde Sapte LLP January 29 2010
The Commission has approved under EU State Aid rules the aid the UK authorities have provided for the liquidation of Bradford & Bingley and the restructuring of the Dunfermline.

European Commission approves Spanish recapitalization scheme for credit institutions
Alston & Bird LLP January 29 2010
On Thursday, the European Commission (EC) approved a Spanish scheme "for banks aimed at enhancing the strength and solvency of credit institutions so that they are able to provide credit normally and that confidence in the national financial system can be maintained."

CEBS speaks at Parliament hearing
Denton Wilde Sapte LLP January 29 2010
The Chairman of CEBS spoke to the Economic and Monetary Affairs Committee of the European Parliament.

CEBS organises a public hearing on its guidelines on instruments referred to in article 57(a) of the CRD
Norton Rose January 25 2010
In December 2009, the Committee of European Banking Supervisors (CEBS) published draft guidelines on instruments referred to in article 57(a) of the Capital Requirements Directive.

ECB and the European Commission launch assistance programme on supervision for EU candidates
Clifford Chance LLP January 25 2010
On 19 January the European Central Bank (ECB) and the European Commission signed an agreement to implement a technical assistance programme for EU candidate countries and potential candidates.

CEBS organises a public hearing on its draft guidelines on the management of operational risk in market-related activities
Norton Rose January 25 2010
In December 2009, the Committee of European Banking Supervisors (CEBS) published draft guidelines on the management of operational risk in market-related activities.

Consultation on the study on tying and other potentially unfair commercial practices in the retail financial services sector
Norton Rose January 25 2010
In 2007 the European Commission published a White Paper on the integration of EU mortgage markets.

CEBS organises a public hearing on its guidelines on the operational functioning of colleges
Norton Rose January 25 2010
In December 2009, the Committee of European Banking Supervisors (CEBS) published draft guidelines on the operational functioning of colleges.

European Commission consults on tying and unfair commercial practices
Clifford Chance LLP January 22 2010
The European Commission has published a consultation paper on tying and other potentially unfair practices in retail financial services.

Capital Markets

Peer review of the implementation of CESR’s guidelines to simplify the notification procedure of UCITS
Norton Rose February 1 2010
On 29 January 2010, the Committee of European Securities Regulators (CESR) published a report which set out the results of a peer review of how CESR members apply its guidelines to simplify the notification procedures for UCITS.

Lords EU Committee writes to Lord Myners to express concern at EU Alternative Investment Fund Managers Directive
Norton Rose February 1 2010
On 10 December 2009, the House of Lords EU Committee wrote to Lord Myners (Financial Services Secretary) to express concern at the draft Alternative Investment Fund Managers Directive.

Waivers from pre-trade transparency obligations under MiFID - updated
Norton Rose February 1 2010
On 6 January 2010, the Committee of European Securities Regulators (CESR) updated its paper entitled Waivers from Pre-trade Transparency Obligations under the Markets in Financial Instruments Directive.

Progress of reform initiatives in Parliament
Denton Wilde Sapte LLP January 29 2010
According to the European Parliament's legislative observatory, a report on cross-border crisis management in the banking sector should be adopted in June.

Alternative Investment Fund Managers Directive update
Shepherd & Wedderburn LLP January 29 2010
In April 2009, the European Commission published the draft Alternative Investment Fund Managers Directive.

The meaning of ‘use of inside information’ for the purposes of Article 2(1) of the Market Abuse Directive
Norton Rose January 29 2010
On 23 December 2009 the European Court of Justice (ECJ) gave judgment in the case of Spector Photo Group NV & Chris Van Raemdonck on the meaning of ‘use of inside information’ for the purposes of Article 2(1) Market Abuse Directive (Directive 2003/6/EC) (MAD).

AIFM Directive update
Mayer Brown LLP January 25 2010
Mayer Brown has previously provided an assessment of the Council of the European Union's ("Council") draft compromise proposal (the "Compromise Proposal") on the Directive on Alternative Investment Fund Managers (the "Directive") published on 12 November 2009.

CESR introduces new working structures to increase efficiency and to prepare for a smooth transition to ESMA
Norton Rose January 25 2010
The Committee of European Securities Regulators (CESR) has issued a public statement regarding the introduction of a new working structure to increase its efficiency and prepare for a smooth transition to the European Securities and Markets Authority (ESMA).

FAQs regarding prospectuses: common positions agreed by CESR members (10th updated version - December 2009)
Norton Rose January 25 2010
The Committee of European Securities Regulators (CESR) has published its 10th updated version of Frequently asked questions regarding prospectuses: Common positions agreed by CESR members.

Your questions on MiFID
Norton Rose January 25 2010
The European Commission has updated its Your questions on MiFID web site.

CESR introduces new working structures to prepare for transition to ESMA
Clifford Chance LLP January 22 2010
CESR has announced changes to its working structure which are designed to streamline processes and redefine the role of CESR's technical groups and of its plenary meeting, which brings together all the national chairs and acts as the Committee's instance for final decision taking.

Commercial Property

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Company & Commercial

Update on Rome I and the 2007 Lugano Convention
Herbert Smith LLP January 29 2010
Rome I Regulation EC No 593/2008 on the law applicable to contractual obligations (Rome I) came into effect on 17 December 2009 and applies in all EU Member States (except Denmark which has opted out) to contracts entered into on or after 17 December 2009.

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

Commission guidance on Unfair Commercial Practices Directive
Hammonds LLP January 28 2010
The European Commission has published guidance on the interpretation of the Unfair Commercial Practices Directive (2005/29/EC).

Rome I Regulation now applicable
Hammonds LLP January 28 2010
Regulation (EC) 593/2008 on the law applicable to contractual obligations (Rome I) is now fully applicable.

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

Doing business in Europe – what law applies to the contract?
Lewis Silkin January 26 2010
If you are doing business in the EU, you need to decide whether your contracts are going to be governed by English law, or another EU law.

Rome I Regulation on cross-border contract liability comes into force
Bird & Bird January 11 2010
The EU Rome I Regulation, which lays down rules to determine the national law applicable to contractual obligations, came into force on 17 December 2009.

Competition

Continued competition monitoring for pharma settlement agreements
Bristows February 3 2010
In July of last year, a tentative sigh of relief could be heard from the much of innovative pharma sector.

T-Mobile and Orange seek EU approval to create largest wireless carrier in the United Kingdom
Patton Boggs LLP February 1 2010
Deutsche Telekom AG and France Telecom SA submitted their proposed merger of T-Mobile UK and Orange UK to European Union antitrust regulators for review.

European Commission publishes report on tying and other potentially unfair commercial practices in retail financial services
Edwards Angell Palmer & Dodge January 29 2010
On 15 January 2010, the Internal Market Directorate General of the European Commission published for consultation a paper by the Centre for European Policy Studies entitled "Tying and other potentially unfair commercial practices in the retail financial service sector".

Iron ore production joint venture under scrutiny
Nabarro LLP January 28 2010
BHP Billiton and Rio Tinto recently announced a production joint venture, combining the parties' iron ore assets in Western Australia, which is now the subject of a formal competition investigation by the European Commission.

Opening up of European rail market - access to railway infrastructure for international passenger services
Herbert Smith LLP January 28 2010
As from 1 January 2010 EU legislation requires the further opening of railway markets.

Competition law in transport: review of 2009
Field Fisher Waterhouse LLP January 26 2010
This article describes the main developments in the application of European Competition law in the transport sector during 2009.

Consultation on the study on tying and other potentially unfair commercial practices in the retail financial services sector
Norton Rose January 25 2010
In 2007 the European Commission published a White Paper on the integration of EU mortgage markets.

The cartel crusade continues - and the bar is getting lower
Norton Rose January 25 2010
Competition authorities are prosecuting more cartels than ever before.

European Commission consults on tying and unfair commercial practices
Clifford Chance LLP January 22 2010
The European Commission has published a consultation paper on tying and other potentially unfair practices in retail financial services.

EU competition law: Article 101 and Article 102
Field Fisher Waterhouse LLP January 21 2010
The European Community was established in 1957 by the Treaty of Rome and initially comprised six Member States.

Corporate Finance/M&A

Alternative Investment Fund Managers Directive update
Shepherd & Wedderburn LLP January 29 2010
In April 2009, the European Commission published the draft Alternative Investment Fund Managers Directive.

Corporate Tax

C-311/08 SGI – transfer pricing
Dorsey & Whitney LLP February 4 2010
This case concerned what the ECJ (and the Belgian revenue and courts) appeared to regard as an uncommercial tax scheme.

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

Council adopts approach to address ‘carousel fraud’ threat in emissions allowance trading
Greenberg Traurig LLP January 22 2010
Faced with the threat of "carousel fraud" in the field of greenhouse gas emissions, the European Council has adopted an approach on a draft directive that would give Member States the option of applying the reverse charge mechanism, until 30 June 2015, to the supply of EU emissions allowances.

Is VAT payable on service charges?
Fladgate LLP January 11 2010
HM Revenue & Customs (HMRC) has confirmed that its policy on the VAT treatment of service charges will remain unchanged despite a recent ruling of the European Court of Justice (ECJ) that had appeared to conflict with its longstanding position.

Derivatives

Progress of reform initiatives in Parliament
Denton Wilde Sapte LLP January 29 2010
According to the European Parliament's legislative observatory, a report on cross-border crisis management in the banking sector should be adopted in June.

ISDA comments on crisis management
Denton Wilde Sapte LLP January 29 2010
ISDA has responded to the Commission Communication on cross-border crisis management in the banking sector.

E-commerce

Hunton & Williams prepares study for the European Commission on the interaction between data protection law and copyright enforcement
Hunton & Williams LLP February 3 2010
On February 3, 2010, Christopher Kuner, a partner in Hunton & Williams' Brussels office and head of the firm's EU Privacy Practice, presented to the "Stakeholders' Dialogue on Illegal Uploading and Downloading," organized by DG Internal Market and Services of the European Commission.

New EU cookie rule - a practical way forward
Field Fisher Waterhouse LLP January 22 2010
Internet cookies have been in the spotlight for quite some time in terms of EU data privacy law.

Rome I Regulation on cross-border contract liability comes into force
Bird & Bird January 11 2010
The EU Rome I Regulation, which lays down rules to determine the national law applicable to contractual obligations, came into force on 17 December 2009.

Employment & Labor

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Energy & Natural Resources

Iron ore production joint venture under scrutiny
Nabarro LLP January 28 2010
BHP Billiton and Rio Tinto recently announced a production joint venture, combining the parties' iron ore assets in Western Australia, which is now the subject of a formal competition investigation by the European Commission.

Environment

Council adopts approach to address ‘carousel fraud’ threat in emissions allowance trading
Greenberg Traurig LLP January 22 2010
Faced with the threat of "carousel fraud" in the field of greenhouse gas emissions, the European Council has adopted an approach on a draft directive that would give Member States the option of applying the reverse charge mechanism, until 30 June 2015, to the supply of EU emissions allowances.

Healthcare

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

Continued competition monitoring for pharma settlement agreements
Bristows February 3 2010
In July of last year, a tentative sigh of relief could be heard from the much of innovative pharma sector.

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

The European Union's General Court extends interim relief for United Phosphorus's plant protection product napropamide
Field Fisher Waterhouse LLP January 19 2010
On 15 January 2010, the President of the General Court granted an application lodged by Field Fisher Waterhouse on behalf of United Phosphorus Ltd.

Information Technology

Hunton & Williams prepares study for the European Commission on the interaction between data protection law and copyright enforcement
Hunton & Williams LLP February 3 2010
On February 3, 2010, Christopher Kuner, a partner in Hunton & Williams' Brussels office and head of the firm's EU Privacy Practice, presented to the "Stakeholders' Dialogue on Illegal Uploading and Downloading," organized by DG Internal Market and Services of the European Commission.

European Commission passes new e-Privacy Directive requiring mandatory data breach notification by public communications providers
A&L Goodbody February 2 2010
The European Commission has passed a new e-Privacy Directive 2009/136/EC (the Directive) which makes it mandatory for public communications providers (ISPs and telcos) to inform national regulatory authorities of any data security breach.

New EU cookie rule - a practical way forward
Field Fisher Waterhouse LLP January 22 2010
Internet cookies have been in the spotlight for quite some time in terms of EU data privacy law.

Insurance & Reinsurance

European Commission publishes report on tying and other potentially unfair commercial practices in retail financial services
Edwards Angell Palmer & Dodge January 29 2010
On 15 January 2010, the Internal Market Directorate General of the European Commission published for consultation a paper by the Centre for European Policy Studies entitled "Tying and other potentially unfair commercial practices in the retail financial service sector".

Intellectual Property

Continued competition monitoring for pharma settlement agreements
Bristows February 3 2010
In July of last year, a tentative sigh of relief could be heard from the much of innovative pharma sector.

Hunton & Williams prepares study for the European Commission on the interaction between data protection law and copyright enforcement
Hunton & Williams LLP February 3 2010
On February 3, 2010, Christopher Kuner, a partner in Hunton & Williams' Brussels office and head of the firm's EU Privacy Practice, presented to the "Stakeholders' Dialogue on Illegal Uploading and Downloading," organized by DG Internal Market and Services of the European Commission.

Fast-track examination of patent applications under the new PCT-Patent Prosecution Highway Pilot Program
Morgan Lewis & Bockius LLP February 2 2010
Patent applicants can now take advantage of a new procedure that has the potential to greatly reduce the amount of time required by the U.S. Patent and Trademark Office (USPTO), the European Patent Office (EPO), or the Japan Patent Office (JPO) to issue a patent on an application.

The European Union's General Court extends interim relief for United Phosphorus's plant protection product napropamide
Field Fisher Waterhouse LLP January 19 2010
On 15 January 2010, the President of the General Court granted an application lodged by Field Fisher Waterhouse on behalf of United Phosphorus Ltd.

Five IP offices’ website launched
Rouse January 6 2010
The world’s five major intellectual property offices – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO), also known as “IP5” – have launched a new website to provide information on their joint projects.

Leisure & Tourism

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

Litigation

C-311/08 SGI – transfer pricing
Dorsey & Whitney LLP February 4 2010
This case concerned what the ECJ (and the Belgian revenue and courts) appeared to regard as an uncommercial tax scheme.

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Timeframe for procurement challenges
A&L Goodbody February 2 2010
The Court of Justice of the European Union (CJEU) has held that Order 84A of the Rules of the Superior Courts which sets out the procedure and timeframe for initiating a challenge to a procurement procedure is contrary to EU law.

The meaning of ‘use of inside information’ for the purposes of Article 2(1) of the Market Abuse Directive
Norton Rose January 29 2010
On 23 December 2009 the European Court of Justice (ECJ) gave judgment in the case of Spector Photo Group NV & Chris Van Raemdonck on the meaning of ‘use of inside information’ for the purposes of Article 2(1) Market Abuse Directive (Directive 2003/6/EC) (MAD).

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Revision of export declarations to correct Customs Procedure Code(s)
Bird & Bird January 28 2010
The European Court of Justice ("ECJ") has recently issued its long-awaited judgment in the joined cases of Terex Equipment Ltd and FG Wilson/Caterpillar EPG Ltd ("Appellants"), concerning the incorrect use of Customs Procedures Codes ("CPCs") when re-exporting goods originally imported under duty suspension.

The Treaty of Lisbon and the ECJ
Hammonds LLP January 28 2010
The Treaty of Lisbon came into force on 1 December 2009.

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

The cartel crusade continues - and the bar is getting lower
Norton Rose January 25 2010
Competition authorities are prosecuting more cartels than ever before.

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

Duties suspended, even in case of non-compliance with inward processing relief provisions
Greenberg Traurig LLP January 22 2010
Given the complexity of EU customs compliance, it is possible that errors will occur when filing import or export declarations.

The European Union's General Court extends interim relief for United Phosphorus's plant protection product napropamide
Field Fisher Waterhouse LLP January 19 2010
On 15 January 2010, the President of the General Court granted an application lodged by Field Fisher Waterhouse on behalf of United Phosphorus Ltd.

Acoset SpA v Conferenza Sindaci e Presidenza Prov. Reg. Ragusa
Bevan Brittan LLP January 15 2010
This case concerned the legality of the direct award of a local public service for the integrated management of water to a semi-public company that had been formed specifically for the purpose of providing that service.

Sea Srl v Comune di Ponte Nessa
Bevan Brittan LLP January 15 2010
This case concerned the award by an Italian local authority, Comune di Ponte Nossa, of a waste collection and disposal contract to a company owned by a number of local authorities (Comune di Ponte Nossa was a minority shareholder).

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Is VAT payable on service charges?
Fladgate LLP January 11 2010
HM Revenue & Customs (HMRC) has confirmed that its policy on the VAT treatment of service charges will remain unchanged despite a recent ruling of the European Court of Justice (ECJ) that had appeared to conflict with its longstanding position.

Product Liability

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

Projects & Procurement

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Timeframe for procurement challenges
A&L Goodbody February 2 2010
The Court of Justice of the European Union (CJEU) has held that Order 84A of the Rules of the Superior Courts which sets out the procedure and timeframe for initiating a challenge to a procurement procedure is contrary to EU law.

Acoset SpA v Conferenza Sindaci e Presidenza Prov. Reg. Ragusa
Bevan Brittan LLP January 15 2010
This case concerned the legality of the direct award of a local public service for the integrated management of water to a semi-public company that had been formed specifically for the purpose of providing that service.

Sea Srl v Comune di Ponte Nessa
Bevan Brittan LLP January 15 2010
This case concerned the award by an Italian local authority, Comune di Ponte Nossa, of a waste collection and disposal contract to a company owned by a number of local authorities (Comune di Ponte Nossa was a minority shareholder).

Public

Conference of Presidents receives positive assessment of 25 commissioners-designate
Clifford Chance LLP January 25 2010
At its meeting on 21 January 2010, the European Parliament's Conference of Presidents discussed the Commission hearings process so far.

Summary of hearing of Michel Bernier - internal market and services
Norton Rose January 25 2010
The European Parliament has issued a press release summarising the comments made by Michel Barnier, Commissioner-designate for the internal market and services, during his hearing at the European Parliament.

Inaugural Plenary Session of the Euro-Mediterranean Regional and Local Assembly (ARLEM)
Clifford Chance LLP January 25 2010
The Inaugural Plenary Session of the Euro-Mediterranean Regional and Local Assembly (ARLEM) took place on 21 January 2010 in Barcelona.

Statement of President Barroso on the nomination of Commissioner-designate Kristalina Georgieva
Clifford Chance LLP January 25 2010
On 19 January 2010, Bulgarian Prime Minister Boyko Borisov informed European Commission President José Manuel Barroso of his intention to put forward Kristalina Georgieva as his country's European Commissioner-designate.

Diamandouros re-elected as European Ombudsman
Clifford Chance LLP January 25 2010
The European Parliament has re-elected Nikiforos Diamandouros as European Ombudsman, with 340 votes out of a total of 648 valid votes cast.

Shipping & Transport

Opening up of European rail market - access to railway infrastructure for international passenger services
Herbert Smith LLP January 28 2010
As from 1 January 2010 EU legislation requires the further opening of railway markets.

Competition law in transport: review of 2009
Field Fisher Waterhouse LLP January 26 2010
This article describes the main developments in the application of European Competition law in the transport sector during 2009.

Telecommunications

European Commission passes new e-Privacy Directive requiring mandatory data breach notification by public communications providers
A&L Goodbody February 2 2010
The European Commission has passed a new e-Privacy Directive 2009/136/EC (the Directive) which makes it mandatory for public communications providers (ISPs and telcos) to inform national regulatory authorities of any data security breach.

T-Mobile and Orange seek EU approval to create largest wireless carrier in the United Kingdom
Patton Boggs LLP February 1 2010
Deutsche Telekom AG and France Telecom SA submitted their proposed merger of T-Mobile UK and Orange UK to European Union antitrust regulators for review.

EU Telecoms Package review: a UK perspective on the abandonment of Amendment 138
Bird & Bird January 11 2010
New European legislation has recently been approved, which will introduce significant changes to telecoms law.

Trade & Customs

Commission confirms B&B and Dunfermline plans
Denton Wilde Sapte LLP January 29 2010
The Commission has approved under EU State Aid rules the aid the UK authorities have provided for the liquidation of Bradford & Bingley and the restructuring of the Dunfermline.

European Commission approves Spanish recapitalization scheme for credit institutions
Alston & Bird LLP January 29 2010
On Thursday, the European Commission (EC) approved a Spanish scheme "for banks aimed at enhancing the strength and solvency of credit institutions so that they are able to provide credit normally and that confidence in the national financial system can be maintained."

Revision of export declarations to correct Customs Procedure Code(s)
Bird & Bird January 28 2010
The European Court of Justice ("ECJ") has recently issued its long-awaited judgment in the joined cases of Terex Equipment Ltd and FG Wilson/Caterpillar EPG Ltd ("Appellants"), concerning the incorrect use of Customs Procedures Codes ("CPCs") when re-exporting goods originally imported under duty suspension.

ING to appeal European Commission calculation of State aid
Alston & Bird LLP January 28 2010
Today, ING Groep, NV (ING) announced that it will file an appeal with the General Court of the European Union contesting the way the European Commission (Commission) has calculated the amount of State aid ING has received.

€18 million EU support for the promotion of dairy products
Clifford Chance LLP January 25 2010
The European Commission has approved 13 programmes in 11 Member States to promote milk and milk products in the European Union.

E.U. and Singapore launch talks on bilateral FTA
Greenberg Traurig LLP January 22 2010
The E.U. and Singapore have agreed to start talks on a bilateral free trade agreement (FTA).

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

Duties suspended, even in case of non-compliance with inward processing relief provisions
Greenberg Traurig LLP January 22 2010
Given the complexity of EU customs compliance, it is possible that errors will occur when filing import or export declarations.

E.U. renews import surveillance system for steel imports
Greenberg Traurig LLP January 22 2010
The European Commission has decided to extend the current import surveillance system covering trade in steel products until December 31, 2012.

E.U. and Latin American countries' initial deal ending the ‘banana wars’
Greenberg Traurig LLP January 22 2010
The E.U. and Latin American countries have initialed a deal that marks the end to the decades-long trade dispute over bananas.

Norway files WTO complaint over E.U. seal ban
Greenberg Traurig LLP January 22 2010
Norway has filed an official complaint with the WTO against the E.U. ban on imported seal products.

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

Council adopts approach to address ‘carousel fraud’ threat in emissions allowance trading
Greenberg Traurig LLP January 22 2010
Faced with the threat of "carousel fraud" in the field of greenhouse gas emissions, the European Council has adopted an approach on a draft directive that would give Member States the option of applying the reverse charge mechanism, until 30 June 2015, to the supply of EU emissions allowances.

Two important developments in the field of EU footwear imports
Greenberg Traurig LLP January 22 2010
On December 30, 2009, Council Regulation no. 1294/2009 was published.

ECJ rules that customs duties are payable on imports of armaments
Greenberg Traurig LLP January 22 2010
The ECJ has ruled that Finland, Sweden, Germany, Italy, Greece and Denmark violated Community law by withholding customs duties that were payable on imports of armaments and materials for civil and material use.

Finland

Aviation

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Employment & Labor

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Information Technology

Data security legislation proposals to increase requirements on Finnish central Government’s administrative activities
Bird & Bird January 11 2010
The Finnish Government is planning to introduce a new statute on data security in order to increase information security in state administration.

Litigation

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

France

Aviation

Short update on use of Montreal Convention
Norton Rose February 2 2010
The Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 provides that any action for indemnity may be brought against either the 'contractual' carrier or the 'effective' carrier.

Banking

French tax on bank bonuses
Clifford Chance LLP January 22 2010
As announced by Christine Lagarde, the French Minister of Economy, Industry and Employment, to the Council of Ministers on 16 December 2009, the introduction of a one-off 50% tax on banks based on bonuses paid out for 2009 is one of the provisions of the Amending Finance Bill for 2010 presented to the Council of Ministers on 20 January 2010.

Capital Markets

French Supreme Court limits the scope of the whistleblowing processes
Proskauer Rose January 22 2010
The implementation of codes of conduct and whistleblowing systems is expanding at the international level.

Corporate Tax

French tax on bank bonuses
Clifford Chance LLP January 22 2010
As announced by Christine Lagarde, the French Minister of Economy, Industry and Employment, to the Council of Ministers on 16 December 2009, the introduction of a one-off 50% tax on banks based on bonuses paid out for 2009 is one of the provisions of the Amending Finance Bill for 2010 presented to the Council of Ministers on 20 January 2010.

Employment & Labor

Sacré bleu! French high court limits employees' privacy rights in the workplace
Steptoe & Johnson LLP February 5 2010
The Cour de Cassation Chambre sociale, the labor chamber of France's highest court of appeals, upheld a lower court's ruling that an employer is entitled to open employee files not marked "private," even without the employee's presence or consent.

French tax on bank bonuses
Clifford Chance LLP January 22 2010
As announced by Christine Lagarde, the French Minister of Economy, Industry and Employment, to the Council of Ministers on 16 December 2009, the introduction of a one-off 50% tax on banks based on bonuses paid out for 2009 is one of the provisions of the Amending Finance Bill for 2010 presented to the Council of Ministers on 20 January 2010.

Information Technology

Sacré bleu! French high court limits employees' privacy rights in the workplace
Steptoe & Johnson LLP February 5 2010
The Cour de Cassation Chambre sociale, the labor chamber of France's highest court of appeals, upheld a lower court's ruling that an employer is entitled to open employee files not marked "private," even without the employee's presence or consent.

Litigation

Sacré bleu! French high court limits employees' privacy rights in the workplace
Steptoe & Johnson LLP February 5 2010
The Cour de Cassation Chambre sociale, the labor chamber of France's highest court of appeals, upheld a lower court's ruling that an employer is entitled to open employee files not marked "private," even without the employee's presence or consent.

Short update on use of Montreal Convention
Norton Rose February 2 2010
The Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 provides that any action for indemnity may be brought against either the 'contractual' carrier or the 'effective' carrier.

French Supreme Court limits the scope of the whistleblowing processes
Proskauer Rose January 22 2010
The implementation of codes of conduct and whistleblowing systems is expanding at the international level.

Cour de cassation issues landmark ruling on anti-suit injunctions
Latham & Watkins January 20 2010
On 14 October 2009, the Cour de cassation, France’s highest court for private and commercial matters, executed an American court’s anti-suit injunction in In Beverage International, ex. Zone Brands Europe v. In Zone Brands Inc. (In Zone Brands), Cass. 1e civ., Oct. 14, 2009.

Germany

Company & Commercial

State courts may hear cases entirely in English
Herbert Smith LLP January 29 2010
A current legislative bill initiated by the ministries of justice of Hamburg and North Rhine-Westphalia in cooperation with the German Judges Association (Deutscher Richterbund) and the German Bar Association (Deutscher Anwaltsverein) proposes to set up specialised chambers at selected regional courts for commercial cross-border disputes (to be called "chambers for international commerce").

Federal Court of Justice again decides on the permissibility of advertisement with price reduction
Reed Smith LLP January 27 2010
In its judgment dating from December 10, 2009 (file no. I ZR 195/07 – the complete judgment is not available yet), the I. Civil Court of the German Federal Court of Justice, inter alia responsible for actions in unfair competition, decided that advertisement with a price deduction of 19 percent constitutes unfair competition if it is not clear and unequivocal from the advertisement itself that such price deduction will only be granted on goods in stock in the shop. .

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

E-commerce

German DENIC introduces one and two-letter domains for “.de” top-level domain
Bird & Bird January 11 2010
With effect from 23 October 2009 DENIC, the administrator of “.de” top-level domains, has changed its domain name guidelines to allow registration of second-level domains consisting only of one or two letters or consisting only of numbers

Information Technology

U.S. court compels discovery of German personal information
Morgan Lewis & Bockius LLP January 29 2010
In AccessData Corporation v. ALSTE Technologies GmbH, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010) the U.S. District Court for the District of Utah, Central Division, compelled the production of personal information about customers of the German defendant after finding that German laws did not necessarily bar the production of such information and that the Hague Convention did not apply to the requested discovery.

Leisure & Tourism

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

Litigation

U.S. court compels discovery of German personal information
Morgan Lewis & Bockius LLP January 29 2010
In AccessData Corporation v. ALSTE Technologies GmbH, 2010 U.S. Dist. LEXIS 4566 (D. Utah Jan. 21, 2010) the U.S. District Court for the District of Utah, Central Division, compelled the production of personal information about customers of the German defendant after finding that German laws did not necessarily bar the production of such information and that the Hague Convention did not apply to the requested discovery.

State courts may hear cases entirely in English
Herbert Smith LLP January 29 2010
A current legislative bill initiated by the ministries of justice of Hamburg and North Rhine-Westphalia in cooperation with the German Judges Association (Deutscher Richterbund) and the German Bar Association (Deutscher Anwaltsverein) proposes to set up specialised chambers at selected regional courts for commercial cross-border disputes (to be called "chambers for international commerce").

Federal Court of Justice again decides on the permissibility of advertisement with price reduction
Reed Smith LLP January 27 2010
In its judgment dating from December 10, 2009 (file no. I ZR 195/07 – the complete judgment is not available yet), the I. Civil Court of the German Federal Court of Justice, inter alia responsible for actions in unfair competition, decided that advertisement with a price deduction of 19 percent constitutes unfair competition if it is not clear and unequivocal from the advertisement itself that such price deduction will only be granted on goods in stock in the shop. .

European Court of Justice: prohibition of linking raffles with product purchase in German Act against Unfair Competition violates European Community law
Reed Smith LLP January 27 2010
The European Court of Justice (ECJ) decided on January 14, 2010 (file no. C-304/08) that Directive 2005/29/EC concerning unfair commercial practices makes domestic legislation impossible according to which business practices linking participation of consumers in a raffle to the purchase of goods or the use of services are declared to be unfair competition.

Telecommunications

German Federal Network Agency imposes €500,000 in fines for telemarketing violations
Hunton & Williams LLP February 1 2010
On January 29, 2009, the German Federal Network Agency (the "Agency") stated in a press release that it has imposed fines for unauthorized telephone advertising in six cases.

Global

Arbitration

UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
Denton Wilde Sapte LLP February 3 2010
On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation.

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Asset Finance

The emergence of Chinese banks into global aircraft financing
Norton Rose February 2 2010
The general view amongst industry analysts appears to be that the global economic crisis of the past 18 months has reached the bottom of the cycle and that we are now beginning a period of slow (albeit unstable) recovery within the aviation sector.

Aviation

The emergence of Chinese banks into global aircraft financing
Norton Rose February 2 2010
The general view amongst industry analysts appears to be that the global economic crisis of the past 18 months has reached the bottom of the cycle and that we are now beginning a period of slow (albeit unstable) recovery within the aviation sector.

Fog-bound in Copenhagen
Norton Rose February 2 2010
The aviation industry has been identified as a target for reducing greenhouse gas emissions globally and also as a means for generating funds for climate change adaptation and mitigation.

Short update on use of Montreal Convention
Norton Rose February 2 2010
The Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 provides that any action for indemnity may be brought against either the 'contractual' carrier or the 'effective' carrier.

Banking

More, more, more: a summary of the Basel proposals
Morrison & Foerster February 2 2010
Released in 1976, the song "More, More, More" became a disco chart-topper.

Review of the Differentiated Nature and Scope of Financial Regulation
Norton Rose January 25 2010
The Joint Forum consists of the Basel Committee on Banking Supervision, the International Organization of Securities Commissions and the International Association of Insurance Supervisors.

Lord Turner calls for close engagement between accounting standard setters and prudential regulators of banks
Clifford Chance LLP January 22 2010
Lord Turner, FSA Chairman, has delivered a speech calling for close engagement between global accounting standard setters and those responsible for prudential regulation of the banking sector to address issues arising from the unique systemic nature of banks.

Oxford Finance Group publishes report on governance of financial market infrastructure
Clifford Chance LLP January 22 2010
The Oxford Finance Group has published a report, commissioned by a number of financial institutions, on the governance of infrastructure institutions in the financial markets (namely exchanges, central counter-parties, and central securities depositories), which the report states has become a matter of significant commercial, regulatory, legislative, and political concern.

Capital Markets

Review of the Differentiated Nature and Scope of Financial Regulation
Norton Rose January 25 2010
The Joint Forum consists of the Basel Committee on Banking Supervision, the International Organization of Securities Commissions and the International Association of Insurance Supervisors.

Corporate Tax

Transfer pricing developments during 2009 clarify and confuse the law
Williams Mullen January 30 2010
A multinational enterprise's internal transfer pricing policies determine how it allocates its worldwide taxable income to its subsidiaries or branches in the multiple taxing jurisdictions in which it operates.

E-commerce

Another detour? Steer internet traffic to your sites by registering .co domains
Haynes and Boone LLP February 2 2010
In what may be a new opportunity for cybersquatters, the Colombian .co registry will soon allow for registration of domain names ending in simply .co.

Environment

Fog-bound in Copenhagen
Norton Rose February 2 2010
The aviation industry has been identified as a target for reducing greenhouse gas emissions globally and also as a means for generating funds for climate change adaptation and mitigation.

Politicizing science; scientizing politics
Gowling Lafleur Henderson LLP January 27 2010
In spite of the media treatment of them, there is nothing that is surprising about the now famous climategate emails.

Post-Copenhagen: four unavoidable truths
Freshfields Bruckhaus Deringer LLP January 20 2010
The outcome of the recent United Nations Climate Change Conference in Copenhagen has been regarded by many as a huge disappointment.

Insolvency & Restructuring

UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
Denton Wilde Sapte LLP February 3 2010
On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation.

Insurance & Reinsurance

Short term assistance for Haiti
Jorden Burt LLP January 25 2010
Haiti is one of sixteen members of the Carribean Catastrophe Risk Insurance Facility (CCRIC), which is a regional parametric trigger cat risk insurance pool that is intended to provide member governments with short term cash payments to bridge the gap between hurricanes or earthquakes and the receipt of contributions from other governments, organizations and individuals.

Review of the Differentiated Nature and Scope of Financial Regulation
Norton Rose January 25 2010
The Joint Forum consists of the Basel Committee on Banking Supervision, the International Organization of Securities Commissions and the International Association of Insurance Supervisors.

Litigation

Short update on use of Montreal Convention
Norton Rose February 2 2010
The Montreal Convention for the Unification of Certain Rules for International Carriage by Air of 28 May 1999 provides that any action for indemnity may be brought against either the 'contractual' carrier or the 'effective' carrier.

Threshold for annulment of ICSID awards remains high
Latham & Watkins January 20 2010
In September-October 2009, three annulment committees of the International Centre for Settlement of Investment Disputes (ICSID) published decisions relating to the annulment of ICSID tribunal awards.

Public

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Shipping & Transport

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Trade & Customs

Threshold for annulment of ICSID awards remains high
Latham & Watkins January 20 2010
In September-October 2009, three annulment committees of the International Centre for Settlement of Investment Disputes (ICSID) published decisions relating to the annulment of ICSID tribunal awards.

Greece

Energy & Natural Resources

Greece embarks on accelerating the development of renewables to address climate change
Norton Rose January 26 2010
In December 2009 the new Minister of Environment, Energy & Climate Change put forward for public consultation a proposal for a new law on renewables.

Environment

Greece embarks on accelerating the development of renewables to address climate change
Norton Rose January 26 2010
In December 2009 the new Minister of Environment, Energy & Climate Change put forward for public consultation a proposal for a new law on renewables.

Guernsey

Company & Commercial

Limited partnerships in Guernsey
Ogier January 19 2010
This memorandum has been prepared for the assistance of clients considering establishing a limited partnership in Guernsey.

Haiti

Insurance & Reinsurance

Short term assistance for Haiti
Jorden Burt LLP January 25 2010
Haiti is one of sixteen members of the Carribean Catastrophe Risk Insurance Facility (CCRIC), which is a regional parametric trigger cat risk insurance pool that is intended to provide member governments with short term cash payments to bridge the gap between hurricanes or earthquakes and the receipt of contributions from other governments, organizations and individuals.

Hong Kong

Arbitration

Enforceability of Hong Kong arbitral awards in mainland China
Edwards Angell Palmer & Dodge February 2 2010
The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement").

Capital Markets

Regulator triumphs as issuer is delisted
Herbert Smith LLP January 15 2010
The shares in Sanyuan Group Limited have recently been delisted from the Hong Kong Stock Exchange after a suspension of over five years and seven months.

Commercial Property

Lowering of compulsory sale threshold to 80 percent for three classes of lot
Mayer Brown LLP January 28 2010
The Land (Compulsory Sale for Redevelopment) (Specification of Lower Percentage) Notice 2010 (the "Notice") has recently been issued by the Government to lower the compulsory sale application threshold to 80 percent for three classes of lot.

Environment

Bunker Oil Pollution Ordinance
Mayer Brown LLP February 1 2010
Hong Kong has recently enacted the Bunker Oil Pollution (Liability and Compensation) Ordinance.

Insurance & Reinsurance

Tightened requirements on the sale of ILAS products
Edwards Angell Palmer & Dodge February 1 2010
In September 2009, the Hong Kong Life Insurance Council (HKLIC) introduced a set of new requirements in relation to the sale of Investment-linked Assurance Scheme (ILAS) products.

Hong Kong Life Insurance Council elected a new chairman
Edwards Angell Palmer & Dodge January 29 2010
The Hong Kong Federation of Insurers (HKFI) announced on 6 January 2010 that Mr Alex W Y Chu, Chief Executive of HSBC Life (International) Limited, has been unanimously elected Chairman of the Life Insurance Council to fill the vacancy arising from the death of Mr K.Y. To.

Litigation

Enforceability of Hong Kong arbitral awards in mainland China
Edwards Angell Palmer & Dodge February 2 2010
The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement").

Regulator triumphs as issuer is delisted
Herbert Smith LLP January 15 2010
The shares in Sanyuan Group Limited have recently been delisted from the Hong Kong Stock Exchange after a suspension of over five years and seven months.

Shipping & Transport

Bunker Oil Pollution Ordinance
Mayer Brown LLP February 1 2010
Hong Kong has recently enacted the Bunker Oil Pollution (Liability and Compensation) Ordinance.

White Collar Crime

Latest consultation on changes to Hong Kong's anti-money laundering regime closes on 6 February
Clifford Chance LLP January 29 2010
In July 2009, Hong Kong's Financial Services and the Treasury Bureau (FSTB) started a first-round consultation on the conceptual framework of legislation to enhance the anti-money laundering regulatory regime for the financial sectors.

India

Capital Markets

SEBI gives approval for exchanges to introduce currency futures in euro, yen and pounds sterling
Clifford Chance LLP January 22 2010
The Securities and Exchange Board of India (SEBI) has approved the introduction of currency futures in euro, yen and pounds sterling by eligible stock exchanges.

Corporate Finance/M&A

Redefining control …..!!! Merry time for the PE player!!
FoxMandal Little February 4 2010
The recent decision of the Securities Appellate Tribunal ("SAT") in the matter of Shubkam Ventures (I) Private Limited on the issue of "control", came as a breather to many of the Private Equity ("PE") players in the market when the directions passed by the market regulator, Securities and Exchange Board of India ("SEBI") inter alia directing the Acquirer to make an open offer for purchase of shares from the public under Regulation 10 read with Regulation 12 of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 ("Takeover Code") was set aside by SAT.

Franchising

Good news for retailers in India
Field Fisher Waterhouse LLP January 21 2010
Foreign franchisors have had a difficult situation in India in relation to the structuring of franchise fees to ensure that they are compliant with the foreign exchange regulations in the country.

Intellectual Property

Lok Sabha gives approval to Trade Marks Amendment Bill 2009
FoxMandal Little February 3 2010
Presently, if an Indian resident desires to protect his/her trade mark in any foreign country, separate trade mark application has to be filed in each country and needs to pay separate fees in respective countries as there is no provision in the Trade Marks Act, 1999 for filing single application for securing trade mark protection in multiple countries.

India to implement Madrid Protocol
Edwards Angell Palmer & Dodge January 30 2010
On 18 December 2009, the Lok Sabha (Lower House of the Indian Parliament) passed the Trade Marks (Amendment) Bill, 2009, which will implement the Madrid Protocol into Indian Trade Mark Law.

Litigation

Redefining control …..!!! Merry time for the PE player!!
FoxMandal Little February 4 2010
The recent decision of the Securities Appellate Tribunal ("SAT") in the matter of Shubkam Ventures (I) Private Limited on the issue of "control", came as a breather to many of the Private Equity ("PE") players in the market when the directions passed by the market regulator, Securities and Exchange Board of India ("SEBI") inter alia directing the Acquirer to make an open offer for purchase of shares from the public under Regulation 10 read with Regulation 12 of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 ("Takeover Code") was set aside by SAT.

Ireland

Capital Markets

Ireland eases funds’ return
Finers Stephens Innocent January 5 2010
The Irish hedge fund industry has welcomed a law passed by the Irish government on 18 December which will make re-domiciliation of funds to Ireland simpler and more efficient.

Company & Commercial

New Companies Act in force
Matheson Ormsby Prentice February 1 2010
The Companies (Miscellaneous Provisions) Act 2009 has been signed into law.

Litigation

Timeframe for procurement challenges
A&L Goodbody February 2 2010
The Court of Justice of the European Union (CJEU) has held that Order 84A of the Rules of the Superior Courts which sets out the procedure and timeframe for initiating a challenge to a procurement procedure is contrary to EU law.

Costs order made against newspaper editor
Matheson Ormsby Prentice January 29 2010
The editor of an Irish daily newspaper, The Irish Times, and its public affairs correspondent, who refused to reveal the identity of a source in relation to publication of a legally and politically sensitive article published in 2006, have been ordered to pay all legal costs incurred in relation to its media litigation with the Tribunal of Inquiry Into Certain Planning Matters and Payments (commonly known as the Mahon Tribunal).

Changing the names of parties to proceedings - Supreme Court issues guidance
Matheson Ormsby Prentice January 29 2010
The Irish Supreme Court has recently considered the basis upon which, depending on the circumstances, the name of a party to proceedings might be changed.

Media & Entertainment

Costs order made against newspaper editor
Matheson Ormsby Prentice January 29 2010
The editor of an Irish daily newspaper, The Irish Times, and its public affairs correspondent, who refused to reveal the identity of a source in relation to publication of a legally and politically sensitive article published in 2006, have been ordered to pay all legal costs incurred in relation to its media litigation with the Tribunal of Inquiry Into Certain Planning Matters and Payments (commonly known as the Mahon Tribunal).

Projects & Procurement

Timeframe for procurement challenges
A&L Goodbody February 2 2010
The Court of Justice of the European Union (CJEU) has held that Order 84A of the Rules of the Superior Courts which sets out the procedure and timeframe for initiating a challenge to a procurement procedure is contrary to EU law.

Italy

Company & Commercial

Mandatory information on companies' websites
Baker & McKenzie February 1 2010
Section 42 of Law No 88 of 7 July 2009, as implemented by Italy Directive 2003-58-CEE, amends Council Directive 68/151/EEC concerning disclosure requirements in respect of certain types of company.

E-commerce

Mandatory information on companies' websites
Baker & McKenzie February 1 2010
Section 42 of Law No 88 of 7 July 2009, as implemented by Italy Directive 2003-58-CEE, amends Council Directive 68/151/EEC concerning disclosure requirements in respect of certain types of company.

Litigation

Sea Srl v Comune di Ponte Nessa
Bevan Brittan LLP January 15 2010
This case concerned the award by an Italian local authority, Comune di Ponte Nossa, of a waste collection and disposal contract to a company owned by a number of local authorities (Comune di Ponte Nossa was a minority shareholder).

Projects & Procurement

Sea Srl v Comune di Ponte Nessa
Bevan Brittan LLP January 15 2010
This case concerned the award by an Italian local authority, Comune di Ponte Nossa, of a waste collection and disposal contract to a company owned by a number of local authorities (Comune di Ponte Nossa was a minority shareholder).

Japan

Banking

Japanese FSA publishes proposals on 'Development of Institutional Frameworks Pertaining to Financial and Capital Markets'
Clifford Chance LLP January 22 2010
Japan's Financial Services Agency (FSA) has published proposals entitled 'Development of Institutional Frameworks Pertaining to Financial and Capital Markets'.

Capital Markets

Japanese FSA publishes proposals on 'Development of Institutional Frameworks Pertaining to Financial and Capital Markets'
Clifford Chance LLP January 22 2010
Japan's Financial Services Agency (FSA) has published proposals entitled 'Development of Institutional Frameworks Pertaining to Financial and Capital Markets'.

Competition

Changes to Japan’s pre-merger notification system become effective
Morrison & Foerster January 12 2010
On January 1, 2010, amendments to the Japanese Anti-Monopoly Act (the "AMA") that substantially revise Japan's pre-merger notification system came into effect.

Corporate Finance/M&A

Canada–U.S. treaty could impact Japan-North American investments
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by Japanese investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Corporate Tax

Canada–U.S. treaty could impact Japan-North American investments
Borden Ladner Gervais LLP January 14 2010
Any structuring of investments by Japanese investor into Canada through the U.S., or any acquisition of a U.S. business which either operates a Canadian business or which receives Canadian-sourced payments, and any decision to acquire a Canadian business or to expand Canadian operations where business arrangements and particularly intercompany funding result in a U.S. resident receiving Canadian-sourced cash flows should include a review of how the Limitation on Benefits (“LOB”) rules in the recently revised Canada-U.S. Income Tax Convention (the “Treaty”) may apply.

Employment & Labor

Japan's new government intending to amend Worker Dispatch Law
Herbert Smith LLP January 17 2010
While the normal focus of our regulatory newsletters usually relates to issues specific to the financial services sector, in this month's newsletter we will focus on an issue that not only applies to financial services companies but to all companies in Japan: temporary dispatched workers.

Environment

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Intellectual Property

Fast-track examination of patent applications under the new PCT-Patent Prosecution Highway Pilot Program
Morgan Lewis & Bockius LLP February 2 2010
Patent applicants can now take advantage of a new procedure that has the potential to greatly reduce the amount of time required by the U.S. Patent and Trademark Office (USPTO), the European Patent Office (EPO), or the Japan Patent Office (JPO) to issue a patent on an application.

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Five IP offices’ website launched
Rouse January 6 2010
The world’s five major intellectual property offices – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO), also known as “IP5” – have launched a new website to provide information on their joint projects.

Litigation

Chinese environmental firm notches up final patent victory
Rouse January 11 2010
In a high-profile patent dispute regarding the technology of environmental protection, which lasted for 8 years, the co-Defendants Japan Fujikasui Engineering (FKK) and Huayang Engineering - a wholly-owned subsidiary of Formosa Plastics Corporation USA - have been found to be infringing the patent rights of CEPT (Wuhan Environmental Project Technology Company).

Jersey

Company & Commercial

Enviroco Limited v Farstad Supply A/S
Ogier January 27 2010
A recent case in the English Court of Appeal has considered the definition of "subsidiary" set out in sections 736 and 736A of the UK Companies Act 1985 (the "UK Act"), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.

Litigation

Enviroco Limited v Farstad Supply A/S
Ogier January 27 2010
A recent case in the English Court of Appeal has considered the definition of "subsidiary" set out in sections 736 and 736A of the UK Companies Act 1985 (the "UK Act"), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.

The law of mistake: in B -v- C, D and E in the matter of the A Trust
Ogier January 2 2010
In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity fully to review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.

Private Client & Offshore Services

The AML/CFT handbook for regulated financial services business
Ogier February 1 2010
On 23 December 2009 the Jersey Financial Services Commission ("JFSC") published an additional trust company business section (the "Section") to its Handbook for the Prevention and Detection of Money Laundering and the Financing of Terrorism (the "Handbook").

The law of mistake: in B -v- C, D and E in the matter of the A Trust
Ogier January 2 2010
In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity fully to review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.

White Collar Crime

The AML/CFT handbook for regulated financial services business
Ogier February 1 2010
On 23 December 2009 the Jersey Financial Services Commission ("JFSC") published an additional trust company business section (the "Section") to its Handbook for the Prevention and Detection of Money Laundering and the Financing of Terrorism (the "Handbook").

Luxembourg

Intellectual Property

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Litigation

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Malaysia

Intellectual Property

Scotch Whisky's eastern advances continue
Shepherd & Wedderburn LLP January 28 2010
Back in September 2008 we brought you news of the success of the Scotch Whisky Association in obtaining legal protection in China for the term "Scottish Whisky", helping to secure hard earned revenues in an important market place.

Malta

Private Client & Offshore Services

Malta issues guidance for redomiciliation of funds
Finers Stephens Innocent January 22 2010
Hot on the heels of Irish legislation to facilitate redomiciliation (as reported in last month's Hedgeline) the Malta Financial Services Authority of Malta has published its own guidelines for the redomiciliation of offshore funds on 8 January.

Mexico

Insurance & Reinsurance

Maintenance of the insured property
Kennedys January 29 2010
Most material damage policies include provisions that require the insured to maintain the insured property in good condition.

Intellectual Property

Mexico’s hotel for the stars highlights power in the name
Olivares & Cia January 27 2010
In Mexico, a newspaper article was recently published under the headline: “Could you advertise your trademark by using David Beckham, Paris Hilton and Angelina Jolie and pay only US$300 for the campaign?”.

Media & Entertainment

Wireless spectrum auction announced
Baker & McKenzie February 1 2010
The Mexican Federal Telecommunications Commission (COFETEL) has announced a public bid for the use and commercial exploitation of the following spectrum frequency bands for wireless access services: 1850- 1910/1930-1990 MHz and 1710-1770/2110-2170 MHz.

Mexico’s hotel for the stars highlights power in the name
Olivares & Cia January 27 2010
In Mexico, a newspaper article was recently published under the headline: “Could you advertise your trademark by using David Beckham, Paris Hilton and Angelina Jolie and pay only US$300 for the campaign?”.

Myanmar

Arbitration

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Public

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Shipping & Transport

Bangladesh and Myanmar submit the first maritime delimitation case to be heard by the International Tribunal for the Law of the Sea
Latham & Watkins January 20 2010
A maritime delimitation case has been submitted to the International Tribunal for the Law of the Sea (ITLOS) for the first time.

Netherlands

Corporate Tax

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

Healthcare

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

Intellectual Property

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Litigation

Three-dimensional trade marks still alive?
NautaDutilh January 28 2010
On 12 January 2010, the Court of Appeal of 's-Hertogenbosch (Den Bosch) rendered a noteworthy decision on the requirements for the validity of Benelux three-dimensional figurative trade marks ("shape marks").

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

Trade & Customs

ING to appeal European Commission calculation of State aid
Alston & Bird LLP January 28 2010
Today, ING Groep, NV (ING) announced that it will file an appeal with the General Court of the European Union contesting the way the European Commission (Commission) has calculated the amount of State aid ING has received.

Dutch Supreme Court raises prejudicial questions to European Court of Justice regarding relief from import duties for certain pharmaceutical substances
Greenberg Traurig LLP January 22 2010
On December 18, 2009, the Dutch Supreme Court provided an important judgment for companies in the pharmaceutical industry.

Refund procedure of foreign EU VAT in 2010
Greenberg Traurig LLP January 22 2010
Effective 2010, the procedure for obtaining a refund of foreign EU VAT will be drastically simplified.

New Zealand

Capital Markets

Commission to clarify definition of financial planning service
Chapman Tripp January 29 2010
When the Financial Advisers Act commences, persons who provide a "financial planning service" as part of a business are required to be authorised as financial advisers by the Securities Commission, pay the required fees (which are not insubstantial), have the required qualifications to provide financial advice, keep their knowledge up-to-date, meet conduct standards, be part of a dispute resolution service and make the required disclosures.

Competition

Paremoremo anyone? cartel criminalisation on the cards
Chapman Tripp February 3 2010
The Ministry of Economic Development (MED) discussion document released last week on cartel criminalisation is grounded in the belief that "the single intervention likely to have a significant impact on deterrence and detection is the possibility of imprisonment".

Corporate Tax

Tax Working Group report - a personal view
Chapman Tripp January 21 2010
The proposal to cut the top marginal personal rates will increase inequality - it is a hand-out to the rich.

Information Technology

If you gripe about the OIA, now’s your chance for change
Chapman Tripp February 3 2010
The Official Information Act 1982 (OIA) and Parts 1 - 6 of the Local Government Official Information and Meetings Act 1987 (LGOIMA) are being reviewed by the Law Commission at the Government's request.

Litigation

So you want your child in that special school?
Chapman Tripp February 4 2010
In a decision that will be of general interest to parents, religious groups and educators, the United Kingdom's new Supreme Court has recently considered the ability of a Jewish Faith School to refuse entry to a Jewish boy who did not meet the School's definition of an 'Orthodox Jew'.

Public

So you want your child in that special school?
Chapman Tripp February 4 2010
In a decision that will be of general interest to parents, religious groups and educators, the United Kingdom's new Supreme Court has recently considered the ability of a Jewish Faith School to refuse entry to a Jewish boy who did not meet the School's definition of an 'Orthodox Jew'.

Trade & Customs

The ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) will enter into force on January 1, 2010
Latham & Watkins January 20 2010
The agreement was signed by representatives of ASEAN, New Zealand and Australia on February 27, 2009 and envisions a regional common market by 2015.

Norway

Trade & Customs

Norway files WTO complaint over E.U. seal ban
Greenberg Traurig LLP January 22 2010
Norway has filed an official complaint with the WTO against the E.U. ban on imported seal products.

Peru

Insurance & Reinsurance

The insured’s duty to properly maintain the insured property in damages policies
Kennedys January 29 2010
There are no specific legal provisions that determine it is the duty of the insured to maintain the insured property in good condition while the policy is in effect.

Poland

Intellectual Property

Proposal to impose levies on new category of devices
Baker & McKenzie February 1 2010
The Polish Ministry of Culture and National Heritage (the Ministry) has been consulting on the possible imposition of levies on a new category of devices such as mobile phones and digital cameras.

Portugal

Competition

Catering cartel: first application of leniency statute and managers' liability rule
Morais Leitão Galvão Teles Soares da Silva & Associados January 21 2010
On December 30 2009 the Competition Authority imposed fines totalling €14.7 million on five companies for allegedly operating a price-fixing cartel in the market for the operation and management of catering services at canteens, refectories and corporate restaurants.

Insurance & Reinsurance

The insured’s duty of maintenance of insured property
Kennedys January 29 2010
The insured must report to insurers any modification to the particular circumstances of the insured property after the initial declaration of risk.

Amendments to the subscription process of motor insurance
Kennedys January 29 2010
The Insurance Supervisor recently released new rules that must be observed when issuing temporary insurance certificates and/or international insurance certificates such as green cards.

Russia

Arbitration

Arbitral tribunal permits Yukos to go forward in Energy Charter Treaty arbitrations against Russia
Latham & Watkins January 20 2010
On November 30, 2009, an arbitral tribunal ruled that the former Yukos oil company, disbanded by the Russian government in 2007, may seek an estimated US$100 billion in damages against the Russian government.

Energy & Natural Resources

Arbitral tribunal permits Yukos to go forward in Energy Charter Treaty arbitrations against Russia
Latham & Watkins January 20 2010
On November 30, 2009, an arbitral tribunal ruled that the former Yukos oil company, disbanded by the Russian government in 2007, may seek an estimated US$100 billion in damages against the Russian government.

Singapore

Competition

Singapore ticketing agent accused of abusing its dominant position
Freehills February 1 2010
The Competition Commission of Singapore (CCS) has issued a Proposed Infringement Decision (PID) against Singapore's largest ticketing service provider - SISTIC.

Media & Entertainment

Singapore ticketing agent accused of abusing its dominant position
Freehills February 1 2010
The Competition Commission of Singapore (CCS) has issued a Proposed Infringement Decision (PID) against Singapore's largest ticketing service provider - SISTIC.

Trade & Customs

E.U. and Singapore launch talks on bilateral FTA
Greenberg Traurig LLP January 22 2010
The E.U. and Singapore have agreed to start talks on a bilateral free trade agreement (FTA).

South Africa

Commercial Property

The abolishment of stamp duty - the effects on early termination of leases of immovable property
Cliffe Dekker Hofmeyr Inc January 29 2010
The Stamp Duties Act 77 of 1968 (the Act) was abolished with effect 1 April 2009, in an effort to simplify the tax system.

Corporate Tax

The deductibility of legal costs
Cliffe Dekker Hofmeyr Inc January 29 2010
In the present financial climate, taxpayers should bear in mind that legal costs incurred may be deductible in terms of the Income Tax Act, 58 of 1962 (the Act).

The abolishment of stamp duty - the effects on early termination of leases of immovable property
Cliffe Dekker Hofmeyr Inc January 29 2010
The Stamp Duties Act 77 of 1968 (the Act) was abolished with effect 1 April 2009, in an effort to simplify the tax system.

Get your PAYE house in order
Cliffe Dekker Hofmeyr Inc January 29 2010
Due to the slowdown in economic activity, tax authorities around the globe are under pressure to collect revenue.

Pension and salary earner? – Beware the income tax pitfall
Cliffe Dekker Hofmeyr Inc January 29 2010
According to the recently published Old Mutual Savings Monitor households in South Africa are saving less each year owing to a number of factors such as increased living costs, availability of easy credit and the youth not regarding saving for the future as an immediate priority.

Employee Benefits & Pensions

Pension and salary earner? – Beware the income tax pitfall
Cliffe Dekker Hofmeyr Inc January 29 2010
According to the recently published Old Mutual Savings Monitor households in South Africa are saving less each year owing to a number of factors such as increased living costs, availability of easy credit and the youth not regarding saving for the future as an immediate priority.

Employment & Labor

Get your PAYE house in order
Cliffe Dekker Hofmeyr Inc January 29 2010
Due to the slowdown in economic activity, tax authorities around the globe are under pressure to collect revenue.

Litigation

The deductibility of legal costs
Cliffe Dekker Hofmeyr Inc January 29 2010
In the present financial climate, taxpayers should bear in mind that legal costs incurred may be deductible in terms of the Income Tax Act, 58 of 1962 (the Act).

South Korea

Intellectual Property

Five IP offices’ website launched
Rouse January 6 2010
The world’s five major intellectual property offices – the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of the People’s Republic of China (SIPO), and the United States Patent and Trademark Office (USPTO), also known as “IP5” – have launched a new website to provide information on their joint projects.

Spain

Banking

European Commission approves Spanish recapitalization scheme for credit institutions
Alston & Bird LLP January 29 2010
On Thursday, the European Commission (EC) approved a Spanish scheme "for banks aimed at enhancing the strength and solvency of credit institutions so that they are able to provide credit normally and that confidence in the national financial system can be maintained."

Commercial Property

Amendments to the identification of means of payment in deeds of sale for real estate
Hammonds LLP January 29 2010
On 19 January the BOE (Official Gazette of the Spanish State) published Royal Decree 1/2010, 8 January, (hereinafter, the "Royal Decree"), in amendment of given formal tax obligations and procedures for tax application and the amendment of other tax rules which, among others, introduces an amendment to the Regulation on the Organisation and Operation of Spanish Notaries, approved by the Decree dated 2 June 1944, to define, with regard to certain means of payment, the specific data that must be included in deeds relative to the acts or agreements by which ownership and other real rights on real estate are declared, established, transferred, levied, amended or cancelled against payment, whether by documental accreditation or notarised declaration, evidence which shall involve sufficient identification of such means of payment for access of the aforementioned deeds to the Land Register.

Resolution of the General Directorate of Spanish Registers and Notaries dated 17 September 2009
Hammonds LLP January 29 2010
This resolution addresses whether the court sentence on ownership proceedings by means of the resumption of an interrupted chain-of-title to a plot should expressly contain the decision on the cancellation of contradictory entries or, to the contrary, has virtual extinguishing effects on its own without the need for any express mandate.

The new law on “express eviction”
Hammonds LLP January 29 2010
On 24 November 2009, Law 19/2009, dated 23 November, on measures designed to develop and speed up the rental process and the energy efficiency of buildings (the "Law"), was published in the Spanish Official State Bulletin (BOE).

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Resolutions of the Directorate-General of Registries and Notaries
Hammonds LLP January 29 2010
This resolution settles the appeal lodged against the refusal of the Arcos de la Frontera Property Registrar to register a purchase deed after the estate was divided up when a license was obtained by tacit consent.

Company & Commercial

Andalusia High Court of Justice sentence, 20 October 2009
Hammonds LLP January 29 2010
This sentence settles the appeal made by the entity NUEVOS ESPACIOS COMERCIALES, S.A., against the Order dated 20 September 2007 of the Tourism, Commerce and Sports Board.

Corporate Tax

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Insurance & Reinsurance

Maintenance duties in property policies
Kennedys January 29 2010
Historically, the insured's obligation to keep the insured property in good condition, along with the pre-contractual duty of disclosure of the true extent of the risk, was regulated in the Code of Commerce.

Litigation

Andalusia High Court of Justice sentence, 20 October 2009
Hammonds LLP January 29 2010
This sentence settles the appeal made by the entity NUEVOS ESPACIOS COMERCIALES, S.A., against the Order dated 20 September 2007 of the Tourism, Commerce and Sports Board.

Transfer Tax (TPO) questioned by the European courts
Hammonds LLP January 29 2010
The Supreme Court, in its Sentence dated 23 September 2009, has referred a question for a preliminary sentence to the European Court of Justice (ECJ) in relation to the application of Article 108 of the Spanish Securities Market Act (LMV), a provision that determines the rate for the Transfer Tax (TPO) on transfers of stakes in companies whose assets are more than 50% comprised of real estate.

Media & Entertainment

Breakthrough in Spanish media law: the genesis of a new Media Act for the XXI century
Roca Junyent SLP January 30 2010
The Constitutional Commission of the Spanish House of Representatives, lower chamber of the Spanish Parliament, approved the Media Bill last January.

Shipping & Transport

Andalusia High Court of Justice sentence, 20 October 2009
Hammonds LLP January 29 2010
This sentence settles the appeal made by the entity NUEVOS ESPACIOS COMERCIALES, S.A., against the Order dated 20 September 2007 of the Tourism, Commerce and Sports Board.

Telecommunications

1Mbps broadband to be included under the universal service obligation
Baker & McKenzie February 1 2010
Pursuant to a public consultation, the Ministry for Industry has announced its intention to include 1Mbps broadband services under the universal service obligation starting from January 2011.

Trade & Customs

European Commission approves Spanish recapitalization scheme for credit institutions
Alston & Bird LLP January 29 2010
On Thursday, the European Commission (EC) approved a Spanish scheme "for banks aimed at enhancing the strength and solvency of credit institutions so that they are able to provide credit normally and that confidence in the national financial system can be maintained."

Switzerland

Capital Markets

Swiss to level the playing field
Finers Stephens Innocent January 5 2010
Switzerland’s Federal Council has released a report, (16 December), which notes that the Alternative Investment Fund Managers (AIFM) Directive as currently proposed discriminates against non-EU managers, and expressing the concern that the directive would see fund managers leaving Switzerland with repercussions for the Swiss economy.

Taiwan

Intellectual Property

All change at the TIPO: the accelerated examination programme and a new fee structure
Formosa Transnational January 27 2010
A number of patent offices worldwide have begun using the Patent Prosecution Highway in order to reduce the heavy examination workload of patent offices and improve the quality of patent examination generally.

Thailand

Capital Markets

SET-HNX MoU makes dual listing possible
Mayer Brown LLP February 1 2010
The Hanoi Stock Exchange (HNX) and the Stock Exchange of Thailand (SET) have entered into a Memorandum of Understanding (MoU) on 22 January 2010 to establish a framework for cooperation between the two exchanges and allow dual-listing opportunities.

Intellectual Property

Scotch Whisky's eastern advances continue
Shepherd & Wedderburn LLP January 28 2010
Back in September 2008 we brought you news of the success of the Scotch Whisky Association in obtaining legal protection in China for the term "Scottish Whisky", helping to secure hard earned revenues in an important market place.

Leisure & Tourism

Thai government grants reprieve from hotel fees
Mayer Brown LLP January 28 2010
The Thai Ministry of Interior issued a regulation which exempts hotels in Thailand from paying their 2010 hotel operation fees.

United Kingdom

Arbitration

UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
Denton Wilde Sapte LLP February 3 2010
On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation.

Incorporation of arbitration clauses by general words
Edwards Angell Palmer & Dodge February 1 2010
Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. [2010] EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract.

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

Acas pre-claim conciliation service
Kennedys January 29 2010
As a result of The Dispute Resolution Review published in 2007 Acas expanded its Pre-Claim Conciliation Service nationally and in October 2009 the service was extended to cover all employment tribunal jurisdictions.

Standards
Bevan Brittan LLP January 29 2010
The Adjudication Tribunal's work was transferred into the General Regulatory Chamber within the new First-tier Tribunal on 18 January 2010 under the Transfer of Tribunal Functions Order 2010 (SI 2010/22).

Adjudication: set-off and without prejudice documents
Norton Rose January 27 2010
The following case raised several issues concerning adjudication and in particular what effect the incorporation of a dispute resolution provision giving parties a right to adjudicate in accordance with Part I of the Schedule for Construction Contracts (England and Wales) Regulations 1998 (Scheme) had on the question of set off.

Aviation

Finnair's eco ad has its wings clipped
Reed Smith LLP February 2 2010
On January 6, 2010, the UK's advertising watchdog, the Advertising Standards Authority (the ASA), issued a decision upholding complaints it received against a poster that promoted the Finnish airline, Finnair.

Fasten your seatbelts: take off imminent for airline mergers
Norton Rose February 2 2010
British Airways (BA)/Iberia, BA/American Airlines - two proposed mergers involving international "flag carrier" airlines with others potentially in the pipeline.

A new year’s resolution after a noughty year end?
Norton Rose February 2 2010
For the corporate jet market, the last 18 months of the noughties may have left many clinking in 2010 with a glass of Prosecco rather than a Nebuchadnezzar of Perrier Jouet's Belle Epoque.

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Banking

Treasury reclassifies sukuk under new regime
Denton Wilde Sapte LLP February 3 2010
Treasury has brought sukuk and similar instruments within the scope of UK financial regulation.

The new Uniform Rules for Demand Guarantees – coming soon to a bank guarantee near you
Denton Wilde Sapte LLP February 3 2010
If what you do involves issuing bank guarantees, relying on them as credit support or requesting their issue, 1 July 2010 is a date for your diary.

FSA consults on effective corporate governance
Edwards Angell Palmer & Dodge February 2 2010
On 28 January 2010 the FSA issued a consultation paper on effective governance, focusing on significant influence controlled functions and Sir David Walker's review of corporate governance in banks and other financial firms.

Consultation paper issued on mortgage arrears
Clifford Chance LLP February 1 2010
The FSA has issued Consultation Paper 10/2 titled "Mortgage Market Review: Arrears and Approved Persons" which proposes certain changes to current mortgage arrears rules.

Consultation Paper issued on sale and rent back
Clifford Chance LLP February 1 2010
The FSA's third Consultation Paper this week is titled "Sale and rent back (full regime)" and contains feedback on CP09/22, made rules and a consultation on reporting.

FSA issues Policy Statement on the publication of complaints data
Clifford Chance LLP February 1 2010
The FSA has published its first Policy Statement for 2010, on the "Publication of complaints data, including feedback to CP09/21."

HM Treasury publishes final Walker Report on corporate governance in UK banks
Shepherd & Wedderburn LLP January 29 2010
On 26 November 2009, HM Treasury published Sir David Walker's final recommendations on corporate governance in UK banks and other financial institutions (BOFIs).

FSA sends out RDR questionnaire
Denton Wilde Sapte LLP January 29 2010
FSA has sent a questionnaire to several firms asking for information on their strategic direction.

OFT consults on unenforceable agreements
Denton Wilde Sapte LLP January 29 2010
OFT has published for consultation a guide for industry and consumers on the parts of the CCA that allow consumers to ask for information about their credit agreements.

Treasury speaks on building societies
Denton Wilde Sapte LLP January 29 2010
Paul Myners spoke at the launch of the Building Societies Association Governance Report.

Turner speaks on Banks and accounting
Denton Wilde Sapte LLP January 29 2010
Lord Turner stressed that accounting standard setters and prudential regulators of banks should co-operate to be sure that they address issues arising from the unique nature of banks.

Commission confirms B&B and Dunfermline plans
Denton Wilde Sapte LLP January 29 2010
The Commission has approved under EU State Aid rules the aid the UK authorities have provided for the liquidation of Bradford & Bingley and the restructuring of the Dunfermline.

FSA Consultation Paper 10/3: Effective corporate governance (significant influence controlled functions and the Walker review)
Norton Rose January 29 2010
On 28 January 2010, the Financial Services Authority (FSA) published Consultation Paper 10/3 on proposed changes to the FSA Handbook following Sir David Walker's review of corporate governance in UK banks and financial institution entities which was published in November 2009.

FSB welcomes US proposals on moral hazard
Denton Wilde Sapte LLP January 29 2010
FSB has welcomed the proposals from the US to address the moral hazard of too-big-to-fail institutions.

BoE and FDIC enhance MOU
Denton Wilde Sapte LLP January 29 2010
BoE and the US Federal Deposit Insurance Corporation have announced a new memorandum of understanding expanding their co-operation.

Supreme Court quashes Terrorism and Al-Qaida Orders
Denton Wilde Sapte LLP January 29 2010
Treasury has published the Government's ministerial statement on the Supreme Court judgment in the case of HM Treasury v. Ahmed and Others.

BoE speaks on shadow banking
Denton Wilde Sapte LLP January 29 2010
Paul Taylor spoke on the role of shadow banking.

Confederation of British Industry and PricewaterhouseCoopers publish report on the future of the financial services industry
Edwards Angell Palmer & Dodge January 28 2010
On the 20th anniversary of the Confederation of British Industry and PricewaterhouseCoopers Financial Services Survey, twenty leading figures from across the financial services industry have given their views in a report entitled "20/20 Vision - The Future of Financial Services" (the Report).

Company not a ‘subsidiary’ where parent has charged its shares
Hammonds LLP January 28 2010
In Enviroco Limited v Farstad Supply A/S, the Court of Appeal held that where a parent company provided shares in its subsidiary as security for a loan and the shares were registered in the name of the lender, the subsidiary would no longer be a ‘subsidiary’ within the meaning of sections 736 and 736A of the Companies Act 1985.

The new bank payroll tax
Lewis Silkin January 27 2010
In the Pre-Budget Report on 9 December 2009 Alistair Darling announced a new one-off 'Bank Payroll Tax' (BPT).

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010
Norton Rose January 25 2010
On the Office of Public Sector Information (OPSI) website there has been published The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (the Order).

UTCC undertakings on recovering commission clawback
Clifford Chance LLP January 25 2010
The FSA has published undertakings given by AP Financial Services UK Limited and Beacon Financial Limited under the Unfair Terms in Consumer Contracts Regulations 1999.

Enforcement action for misleading marketing material
Clifford Chance LLP January 25 2010
The FSA has fined Standard Life Assurance Limited £2,450,000 for breach of Principle 3 (a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems) and Principle 7 (a firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading) of the FSA's Principles for Businesses.

Are financial promotions improving?
Clifford Chance LLP January 25 2010
The FSA has published the results of a review by an external consultant of financial promotions issued by firms.

Statement regarding the use of commission clawback terms in Terms of Business Agreements
Norton Rose January 25 2010
The FSA has published a statement regarding the use of commission clawback terms in Terms of Business Agreements.

Enforcement action for failure to ensure compliance with regulatory requirements
Clifford Chance LLP January 25 2010
The FSA has withdrawn the approval of Roger Collins.

FSA spend on hotels disclosed
Clifford Chance LLP January 25 2010
It has been reported in the press that, in response to a request under the Freedom of Information Act 2000 (FOIA), the FSA has disclosed that Lord Turner (Chairman), Hector Sants (Chief Executive), Jon Pain (Managing Director, Supervision) and Sally Dewar (Managing Director, Risk) all spent more than the maximum amount specified in the FSA staff handbook on a hotel room at some point last year.

Enforcement action for failure to supervise
Clifford Chance LLP January 25 2010
The FSA has withdrawn the permission of Riaz Ahmad, prohibited him from carrying out any controlled function involving the exercise of significant influence over any person in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm and fined him £5,000 for breach of Principle 6 (an approved person performing a significant influence function must exercise due skill, care and diligence in managing the business of the firm for which he is responsible in his controlled function) and Principle 7 (an approved person performing a significant influence function must take reasonable steps to ensure that the business of the firm for which he is responsible in his controlled function complies with the relevant requirements and standards of the regulatory system) of the FSA's Statements of Principle for Approved Persons.

FSA - stress testing main page
Norton Rose January 25 2010
Stress and scenario testing is an important element in firms planning and risk management processes, helping them to identify, analyse and manage the risks inherent within their businesses.

Enforcement action for failure to activate GABRIEL system
Clifford Chance LLP January 25 2010
The FSA frequently cancels the permission of firms for failing to submit their Retail Mediation Activities Return (RMAR), for failing to pay fees to the FSA, for failing to notify the FSA of a change of address or for failing to pay an award made by the Financial Ombudsman Service - FSA Update does not report these cases.

The Cross-Border Payments in Euro Regulations 2010
Norton Rose January 25 2010
The Office of Public Sector Information has published The Cross-Border Payments in Euro Regulations 2010 (the Regulations).

FSA calls for change in bank accounting standards
Clifford Chance LLP January 25 2010
Warren Buffett is a proponent of value investing- you work out the intrinsic value of a stock and you buy it if the price in the market is less than that value.

FSA taking disciplinary action on handling of client money
Clifford Chance LLP January 25 2010
The collapse of Lehman Brothers and the subsequent litigation have clearly illustrated the losses that can be suffered by customers if the Client Assets rules of the FSA (CASS) are not followed.

BOE deputy governor discusses shadow banking, capital markets and financial stability
Clifford Chance LLP January 22 2010
Paul Tucker, Bank of England Deputy Governor for Financial Stability, delivered a speech discussing the role of shadow banking.

Lord Turner calls for close engagement between accounting standard setters and prudential regulators of banks
Clifford Chance LLP January 22 2010
Lord Turner, FSA Chairman, has delivered a speech calling for close engagement between global accounting standard setters and those responsible for prudential regulation of the banking sector to address issues arising from the unique systemic nature of banks.

Restitution following mistaken CHAPS payment
Wragge & Co January 20 2010
A bank will be liable in restitution where it allows money mistakenly credited to its customer's account to be withdrawn where it knows of the allegation of mistake.

New court ruling – when is a subsidiary no longer a subsidiary?
Nabarro LLP January 20 2010
A recent decision of the Court of Appeal has called into question the definition of a "subsidiary" in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.

Make enquiries of occupiers
Wragge & Co January 20 2010
A lender that does not make enquiries of persons known to be in occupation of a property runs the risk that such persons' interests in the property, if any, may override that of the lender.

Capital Markets

FSA consults on effective corporate governance
Edwards Angell Palmer & Dodge February 2 2010
On 28 January 2010 the FSA issued a consultation paper on effective governance, focusing on significant influence controlled functions and Sir David Walker's review of corporate governance in banks and other financial firms.

Speech by FSA's director, conduct risk
Clifford Chance LLP February 1 2010
Dan Waters, Director, Conduct Risk, and Asset Management Sector Leader spoke about "Asset management regulatory trends and priorities in the post-crisis environment" this week.

FSA publishes observations on ICAAP submissions from Limited Licence Investment Firms
Clifford Chance LLP February 1 2010
The FSA has published a paper with some observations on issues it has seen in the Internal Capital Adequacy Assessment Process (ICAAP) submissions received from Limited Licence Investment Firms (LLIFs).

Three arrested in FSA insider dealing investigation
Clifford Chance LLP February 1 2010
The FSA has confirmed that three 38-year-old men were arrested on Thursday in connection with an FSA investigation into insider dealing.

Lords EU Committee writes to Lord Myners to express concern at EU Alternative Investment Fund Managers Directive
Norton Rose February 1 2010
On 10 December 2009, the House of Lords EU Committee wrote to Lord Myners (Financial Services Secretary) to express concern at the draft Alternative Investment Fund Managers Directive.

FRC consults on Stewardship Code for Institutional Investors
Norton Rose February 1 2010
On 19 January 2010, the Financial Reporting Council (FRC) published a consultation paper on a Stewardship Code for Institutional Investors (the Code).

Corporate broker intern and his father receive 12 and 24-month prison sentences respectively for insider dealing
Norton Rose February 1 2010
On 10 December 2009, the FSA issued a press release stating that former corporate broker intern, Matthew Uberoi and his father, Neel Uberoi, had been sentenced to 12 and 24-month prison sentences respectively for insider dealing.

Consultation Paper issued on sale and rent back
Clifford Chance LLP February 1 2010
The FSA's third Consultation Paper this week is titled "Sale and rent back (full regime)" and contains feedback on CP09/22, made rules and a consultation on reporting.

Three arrested in FSA insider dealing investigation
Norton Rose February 1 2010
On 29 January 2010, the FSA issued a press notice stating that three 38-year-old men were arrested in connection with an investigation by the FSA into suspected insider dealing.

FSA issues Policy Statement on the publication of complaints data
Clifford Chance LLP February 1 2010
The FSA has published its first Policy Statement for 2010, on the "Publication of complaints data, including feedback to CP09/21."

FSA sends out RDR questionnaire
Denton Wilde Sapte LLP January 29 2010
FSA has sent a questionnaire to several firms asking for information on their strategic direction.

UKLA publishes LIST! 23
Shepherd & Wedderburn LLP January 29 2010
In December 2009, the UK Listing Authority published the 23rd edition of LIST!.

Inside AIM – Issue 1
Shepherd & Wedderburn LLP January 29 2010
In December 2009, the AIM Regulation Team published the first issue of Inside AIM, a periodic newsletter designed to keep the AIM adviser community updated on key AIM policy and technical matters.

FSA speaks on asset management trends and priorities
Denton Wilde Sapte LLP January 29 2010
Dan Waters spoke on specific issues affecting the asset management industry.

Confederation of British Industry and PricewaterhouseCoopers publish report on the future of the financial services industry
Edwards Angell Palmer & Dodge January 28 2010
On the 20th anniversary of the Confederation of British Industry and PricewaterhouseCoopers Financial Services Survey, twenty leading figures from across the financial services industry have given their views in a report entitled "20/20 Vision - The Future of Financial Services" (the Report).

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010
Norton Rose January 25 2010
On the Office of Public Sector Information (OPSI) website there has been published The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010 (the Order).

UTCC undertakings on recovering commission clawback
Clifford Chance LLP January 25 2010
The FSA has published undertakings given by AP Financial Services UK Limited and Beacon Financial Limited under the Unfair Terms in Consumer Contracts Regulations 1999.

Enforcement action for misleading marketing material
Clifford Chance LLP January 25 2010
The FSA has fined Standard Life Assurance Limited £2,450,000 for breach of Principle 3 (a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems) and Principle 7 (a firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading) of the FSA's Principles for Businesses.

Are financial promotions improving?
Clifford Chance LLP January 25 2010
The FSA has published the results of a review by an external consultant of financial promotions issued by firms.

FSA to go to tribunal on disclosure rules
Clifford Chance LLP January 25 2010
Photo-Me International plc has announced that it has referred to the Financial Services and Markets Tribunal a dispute between itself and the FSA relating to alleged breaches of Disclosure Rule 2.2.1R (the requirement to disclose inside information) and Listing Principle 4 (a listed company must communicate information to holders and potential holders of its listed equity securities in such a way as to avoid the creation or continuation of a false market in such listed equity securities).

Statement regarding the use of commission clawback terms in Terms of Business Agreements
Norton Rose January 25 2010
The FSA has published a statement regarding the use of commission clawback terms in Terms of Business Agreements.

Enforcement action for failure to ensure compliance with regulatory requirements
Clifford Chance LLP January 25 2010
The FSA has withdrawn the approval of Roger Collins.

FRC consults on Stewardship Code for Institutional Investors
Norton Rose January 25 2010
The Financial Reporting Council (FRC) has published a consultation paper on a Stewardship Code for Institutional Investors (the Code).

New IMA chairman, deputy chairman and board member appointed
Norton Rose January 25 2010
The Investment Management Association (IMA) has issued a press release stating that Douglas Ferrans has taken over as Chairman from 1 January 2010.

Enforcement action for failure to supervise
Clifford Chance LLP January 25 2010
The FSA has withdrawn the permission of Riaz Ahmad, prohibited him from carrying out any controlled function involving the exercise of significant influence over any person in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm and fined him £5,000 for breach of Principle 6 (an approved person performing a significant influence function must exercise due skill, care and diligence in managing the business of the firm for which he is responsible in his controlled function) and Principle 7 (an approved person performing a significant influence function must take reasonable steps to ensure that the business of the firm for which he is responsible in his controlled function complies with the relevant requirements and standards of the regulatory system) of the FSA's Statements of Principle for Approved Persons.

FSA - stress testing main page
Norton Rose January 25 2010
Stress and scenario testing is an important element in firms planning and risk management processes, helping them to identify, analyse and manage the risks inherent within their businesses.

Enforcement action for failure to activate GABRIEL system
Clifford Chance LLP January 25 2010
The FSA frequently cancels the permission of firms for failing to submit their Retail Mediation Activities Return (RMAR), for failing to pay fees to the FSA, for failing to notify the FSA of a change of address or for failing to pay an award made by the Financial Ombudsman Service - FSA Update does not report these cases.

FSA calls for change in bank accounting standards
Clifford Chance LLP January 25 2010
Warren Buffett is a proponent of value investing- you work out the intrinsic value of a stock and you buy it if the price in the market is less than that value.

FSA taking disciplinary action on handling of client money
Clifford Chance LLP January 25 2010
The collapse of Lehman Brothers and the subsequent litigation have clearly illustrated the losses that can be suffered by customers if the Client Assets rules of the FSA (CASS) are not followed.

Preparing for your AGM in 2010
Herbert Smith LLP January 19 2010
This briefing highlights the issues that listed companies should consider as they prepare for their 2010 AGM and the publication of their Annual Report and Accounts.

Commercial Property

New PPS 4 - planning for sustainable economic growth
Hammonds LLP February 2 2010
The new PPS 4, which replaces PPS 6 (town centres) and PPG 4 (industrial and commercial development), was issued by the Government on 29 December 2009.

Rating
Bevan Brittan LLP January 29 2010
The Business Rate Supplements Act 2009 gives county councils, unitary authorities and the GLA a discretionary power to levy a supplement on the national business rate.

Rent as an administration expense
Cobbetts LLP January 29 2010
On 7 December 2009, His Honour Judge Purle QC sitting as a high court judge, decided that where administrators were using, for the benefit of the company in administration, part of a site held by that company under two leases, the quarter's rent due under those leases falling due on the 25 December 2009 was payable in full from that date as one of the costs and expenses of the administration.

Maladministration
Bevan Brittan LLP January 29 2010
The two Ombudsmen have recommended that the Environment Agency, Lancashire CC and Rossendale BC pay £95,000 in compensation to Mrs D and her son for the years of extreme distress, aggravation and financial loss suffered after the three public bodies failed to stop a neighbour from using his land as an illegal landfill site.

Getting the most out of a refurbishment project
Shepherd & Wedderburn LLP January 28 2010
With tough lending conditions in the commercial property sector since the onset of the credit crunch, and - despite the news this week that the UK is officially out of recession - with no clear end yet in sight, it is not surprising that owners, occupiers and funders have shifted their focus from new-build projects to the refurbishment of existing space to deliver enhanced asset values and better working environments or to rationalise or downsize their estate.

Land Agreements Exclusion Order to be repealed
Shepherd & Wedderburn LLP January 28 2010
Towards the end of last year, we examined the proposals suggested in the government consultation into the Land Agreements Exclusion Order, in "A ship without a safe harbour - competition law and the property sector".

Insolvent tenants: what sums can be recovered from administrators by landlords?
Shepherd & Wedderburn LLP January 28 2010
In the current economic climate, landlords are having to deal more frequently with tenants who are in administration.

Sewerage - the role of planning authorities and the right to connect
Shepherd & Wedderburn LLP January 28 2010
The decision of the Supreme Court in the case of Barratt Homes Limited v Welsh Water [2009] UKSC 13, in December 2009 marks the end of a long-running litigation seeking to clarify the extent of rights under the Water Industry Act to connect to sewerage infrastructure.

Is rent payable as an expense of administration?
Wragge & Co January 22 2010
Nortel Networks UK Limited (the company) was a tenant under two leases.

Make enquiries of occupiers
Wragge & Co January 20 2010
A lender that does not make enquiries of persons known to be in occupation of a property runs the risk that such persons' interests in the property, if any, may override that of the lender.

Easements - change of use of benefited land from garden to housing does not affect easement
Wragge & Co January 15 2010
In Davill v Pull, the claimant and the defendants each had a right of way over a track to access their respective adjoining plots.

Planning: environmental impact assessments - implications of recent judgments
Wragge & Co January 15 2010
The Secretary of State for Communities and Local Government issued a letter to all chief planning officers in November 2009 in relation to two court decisions which could impact the way in which local planning authorities approach Environmental Impact Assessments (EIAs).

Couple sell farm to pay for chancel repairs
DMH Stallard LLP January 11 2010
After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case.

Company & Commercial

Slavenburg is dead ... long live Slavenberg?
Denton Wilde Sapte LLP February 3 2010
Charlotte Curtis discusses whether the new rules for registration of security granted by overseas companies, which came into force last October, leave security holders in a more unsatisfactory position than they were in under the unpopular Slavenburg regime.

Limited liability partnerships: impact of the Companies Act 2006
Hammonds LLP February 3 2010
Limited liability partnerships (LLPs) continue to be governed primarily by the Limited Liability Partnerships Act 2000 (the LLP Act).

Change management in life sciences firm's outsourcing arrangements
Bristows February 3 2010
While the subcontracting of services has always been an everyday part of life sciences firms' business strategies, the increasing focus on cost reduction and on improving the time taken to bring drugs to market has meant that the industry has seen a growing trend towards the use of larger scale outsourcing arrangements.

FSA consults on effective corporate governance
Edwards Angell Palmer & Dodge February 2 2010
On 28 January 2010 the FSA issued a consultation paper on effective governance, focusing on significant influence controlled functions and Sir David Walker's review of corporate governance in banks and other financial firms.

Consultation Paper issued on effective corporate governance
Clifford Chance LLP February 1 2010
In its second Consultation Paper of the week, "Effective corporate governance (Significant influence controlled functions and the Walker review)", the FSA outlines its latest proposals to address corporate governance at firms.

NAPF publishes 2009/10 Corporate Governance Policy updates
Shepherd & Wedderburn LLP January 29 2010
In January 2010, the National Association of Pension Funds (NAPF) published the 2009/10 updates to its Corporate Governance Policy.

Consolidated corporate update
Herbert Smith LLP January 29 2010
This half yearly update briefing summarises the major developments in UK corporate law and regulation which have occurred since our last edition in June 2009 and which will be of relevance to UK listed companies.

Combined Code – FRC publishes consultation paper
Shepherd & Wedderburn LLP January 29 2010
In December 2009, the Financial Reporting Council (FRC) published the final report on its review of the effectiveness of the Combined Code on Corporate Governance and announced a consultation on a revised Code.

FSA Consultation Paper 10/3: Effective corporate governance (significant influence controlled functions and the Walker review)
Norton Rose January 29 2010
On 28 January 2010, the Financial Services Authority (FSA) published Consultation Paper 10/3 on proposed changes to the FSA Handbook following Sir David Walker's review of corporate governance in UK banks and financial institution entities which was published in November 2009.

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

ABI updates guidance on executive remuneration and publishes position paper
Shepherd & Wedderburn LLP January 29 2010
In December 2009, the Association of British Insurers (ABI) published the annual update of its guidelines on executive remuneration policies and practices and a position paper on executive remuneration.

Fulfilment of completion conditions
Cobbetts LLP January 29 2010
If a contract not only contains conditions, on the fulfilment of which completion is dependent, but also sets out a procedure for ascertaining that the conditions have been satisfied, then it may not be sufficient just to fulfil the conditions – it may also be essential to follow the procedure in order to verify that the conditions have been fulfilled.

Guidance on ‘Wrotham Park' damages for breach of contract
Hammonds LLP January 28 2010
In Pell Frischmann Engineering Limited v (1) Bow Valley (2) P T Bakrie, the Privy Council has given guidance on how ‘Wrotham Park’ damages should be assessed.

Proposals for Groceries Supply Code watchdog
Shepherd & Wedderburn LLP January 28 2010
It has been a busy month in the Department for Business, Innovation & Science (DBIS) as it announced that the Government has accepted the Competition Commission's recommendation for the creation of a body to enforce the new Groceries Supply Code of Practice.

Company not a ‘subsidiary’ where parent has charged its shares
Hammonds LLP January 28 2010
In Enviroco Limited v Farstad Supply A/S, the Court of Appeal held that where a parent company provided shares in its subsidiary as security for a loan and the shares were registered in the name of the lender, the subsidiary would no longer be a ‘subsidiary’ within the meaning of sections 736 and 736A of the Companies Act 1985.

Personal liability of directors for company acts of IP infringement
Hammonds LLP January 28 2010
In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company.

Commission guidance on Unfair Commercial Practices Directive
Hammonds LLP January 28 2010
The European Commission has published guidance on the interpretation of the Unfair Commercial Practices Directive (2005/29/EC).

Executives could carry the milk can for supermarket’s involvement in dairy cartel
Norton Rose January 28 2010
A judgment of the English High Court published on Friday 15 January concerning the potential liability of executives for cartel activities could have wide reaching implications for companies and employees implicated in cartels, for insurers and for the Office of Fair Trading’s (OFT) leniency policy and its fledgling settlement procedure.

Enviroco Limited v Farstad Supply A/S
Ogier January 27 2010
A recent case in the English Court of Appeal has considered the definition of "subsidiary" set out in sections 736 and 736A of the UK Companies Act 1985 (the "UK Act"), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.

Doing business in Europe – what law applies to the contract?
Lewis Silkin January 26 2010
If you are doing business in the EU, you need to decide whether your contracts are going to be governed by English law, or another EU law.

Companies’ statements of capital – unexpected red tape
Lewis Silkin January 26 2010
Unsurprisingly, there have been some "teething" problems in relation to some of the changes introduced by the implementation of the last phase of the Companies Act 2006.

New court ruling – when is a subsidiary no longer a subsidiary?
Nabarro LLP January 20 2010
A recent decision of the Court of Appeal has called into question the definition of a "subsidiary" in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.

Preparing for your AGM in 2010
Herbert Smith LLP January 19 2010
This briefing highlights the issues that listed companies should consider as they prepare for their 2010 AGM and the publication of their Annual Report and Accounts.

Competition

T-Mobile and Orange seek EU approval to create largest wireless carrier in the United Kingdom
Patton Boggs LLP February 1 2010
Deutsche Telekom AG and France Telecom SA submitted their proposed merger of T-Mobile UK and Orange UK to European Union antitrust regulators for review.

Land Agreements Exclusion Order to be repealed
Shepherd & Wedderburn LLP January 28 2010
Towards the end of last year, we examined the proposals suggested in the government consultation into the Land Agreements Exclusion Order, in "A ship without a safe harbour - competition law and the property sector".

Follow-on damages claims in the U.K.
Cleary Gottlieb Steen & Hamilton LLP January 28 2010
On December 21, 2009, the U.K. Competition Appeal Tribunal (“CAT”) handed down a judgment in the first follow-on damages claim to reach trial in the U.K.

Executives could carry the milk can for supermarket’s involvement in dairy cartel
Norton Rose January 28 2010
A judgment of the English High Court published on Friday 15 January concerning the potential liability of executives for cartel activities could have wide reaching implications for companies and employees implicated in cartels, for insurers and for the Office of Fair Trading’s (OFT) leniency policy and its fledgling settlement procedure.

OFT: Bid rigging in the construction industry in England
Bevan Brittan LLP January 15 2010
The OFT has published its full decision following its investigation into anti-competitive collusion by 103 construction firms.

OFT refers local bus services to Competition Commission
Bevan Brittan LLP January 15 2010
The OFT has referred UK local bus services, excluding London and Northern Ireland, to the Competition Commission (CC).

Construction

Lord Justice Jackson's final report on costs in civil litigation
Hammonds LLP February 2 2010
Lord Justice Jackson's final report on costs in civil litigation was published on 14 January 2010 with recommendations aimed at reducing excessive and disproportionate costs.

Jose v MacSalvors Plant Hire Ltd & Brush Transformers Ltd [15.12.09]
Kennedys January 30 2010
Those familiar with the CPA Model Conditions (the provisions under which cranes are usually hired out in the UK) will need little introduction to clauses 8 and 13.

Court of Appeal guidance on the contractual status of term sheets and letters of intent
Herbert Smith LLP January 29 2010
In Maple Leaf Macro Volatility Master Fund v Rouvroy [2009] All ER (D) 199, the Court of Appeal considered the nature of term sheets.

Termination: injunction to prevent termination
Norton Rose January 27 2010
In the following case the court had to consider whether to issue an injunction to prevent termination of a sub-contract prior to the outcome of an adjudication and whether to issue an injunction preventing a sub-contractor taking any further steps in an adjudication on the basis that it had already embarked on mediation.

JCT contract: the effect of a settlement agreement on the final account provisions
Norton Rose January 27 2010
The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties.

Adjudication: set-off and without prejudice documents
Norton Rose January 27 2010
The following case raised several issues concerning adjudication and in particular what effect the incorporation of a dispute resolution provision giving parties a right to adjudicate in accordance with Part I of the Schedule for Construction Contracts (England and Wales) Regulations 1998 (Scheme) had on the question of set off.

The Local Democracy, Economic Development and Construction Act 2009
Hammonds LLP January 27 2010
On 12 November 2009, the Local Democracy, Economic Development and Construction Act 2009 (the "LDEDCA") received Royal Assent.

Basic principles of liquidated damages
Herbert Smith LLP January 22 2010
In this newsletter we explore some of the important principles behind liquidated damages under English law.

OFT: Bid rigging in the construction industry in England
Bevan Brittan LLP January 15 2010
The OFT has published its full decision following its investigation into anti-competitive collusion by 103 construction firms.

Corporate Finance/M&A

Fasten your seatbelts: take off imminent for airline mergers
Norton Rose February 2 2010
British Airways (BA)/Iberia, BA/American Airlines - two proposed mergers involving international "flag carrier" airlines with others potentially in the pipeline.

HM Treasury discussion paper on non-bank lending, including enhanced corporate disclosure
Norton Rose January 29 2010
On 12 January 2010, HM Treasury published a discussion paper on developing non-bank sources of finance for UK businesses.

Injunction granted to restrain transaction due to non-compete provision
Herbert Smith LLP January 29 2010
In the recent case of Sabmiller Africa BV v East African Breweries Limited [2009] EWHC 2140, the Commercial Court granted an interim injunction to prevent a party from implementing a transaction to acquire a majority shareholding in a business rival, and to have its products manufactured and distributed under licence by that rival, as the transaction was allegedly in breach of non-competition provisions (ie restrictive covenants) entered into with the existing manufacturer and distributor of their products.

Fraudulent misrepresentation in share sale and purchase agreement and subsequent personal liability of director
Norton Rose January 29 2010
On 9 October 2009 the High Court gave judgment in the case of Invertec Limited v De Mol Holdings BV and Henricus Albertus de Mol arising from a transaction under which Invertec (the claimant) and De Mol Holding BV (DMH) (the first defendant) entered into a Sale and Purchase Agreement (SPA) to enable Invertec to purchase the entire issued share capital of Volante Public Transportation Interior Systems Limited (Volante) from DMH.

Corporate Tax

Compound interest – latest developments
Dorsey & Whitney LLP February 4 2010
Parallel claims have been brought in the High Court and statutory tribunal to establish whether compound interest is available for VAT claims and through which jurisdiction.

CFC discussion document – 26 January 2010
Dorsey & Whitney LLP February 4 2010
On 26 January 2010, HMRC published a discussion document outlining proposed reform of the CFC rules, with the intention of legislating in FA 2011.

CFCs - Vodafone 2 – Supreme Court refuses leave to appeal
Dorsey & Whitney LLP February 4 2010
Unsurprisingly Vodafone 2 have been refused leave to appeal to the Supreme Court.

Charities failing to claim millions in Gift Aid every year
MacRoberts February 3 2010
An estimated £750 million of Gift Aid is going unclaimed by charities in the UK every year according to a report by the National Council for Voluntary Organisations and the Charities Aid Foundation.

VAT Tribunal has jurisdiction to deal with public law grounds as well as the merits of a tax appeal
Herbert Smith LLP January 29 2010
In Oxfam v HM Revenue & Customs [2009] EWHC 3078 (Ch) the Court (Sales J) held that the statutory jurisdiction of the VAT & Duties Tribunal (the Tribunal) could extend to public law issues, such that it was not necessary for Oxfam to bring separate judicial review proceedings to raise a challenge based on substantive legitimate expectation.

The new bank payroll tax
Lewis Silkin January 27 2010
In the Pre-Budget Report on 9 December 2009 Alistair Darling announced a new one-off 'Bank Payroll Tax' (BPT).

Shareholders, directors, employees planning for the 50% income tax rate
Lewis Silkin January 26 2010
Some "top tax tips" for a UK resident individual who is likely to be affected by the 50% income tax rate to be introduced on 6 April 2010.

Tax office closures
McGrigors LLP January 25 2010
HMRC has announced that 130 regional tax offices will close.

Taxman spies on potential tax evaders
McGrigors LLP January 25 2010
HMRC are using anti-terror laws to spy on those suspected of not paying the "right" amount of tax.

Creditor can refuse security in favour of bankruptcy
Wragge & Co January 20 2010
S271 of the Insolvency Act 1986 provides that a bankruptcy petition may be dismissed if the court is satisfied that a debtor can pay his debt, or has made an offer to secure or compound the debt, the acceptance of which offer would lead to the petition being dismissed and that the offer has been unreasonably refused.

HM Treasury: Pre Budget Report - Securing the recovery: growth and opportunity
Bevan Brittan LLP January 15 2010
HM Treasury: Pre Budget Report - Securing the recovery: growth and opportunity sets out the Government's tax and spending plans, including those for public investment, in the context of its overall approach to social, economic and environmental objectives.

Pre-Budget Report 2009 tax reforms - too little, too late for the TMT sector?
Bristows January 15 2010
This year's Pre-Budget Report has given us the first results of the Government's consultation with businesses over possible changes to the taxation of intellectual property with the aim of encouraging global businesses to locate their R&D and other innovative activities in the UK.

Derivatives

Derivative defaults: interpreting Section 2(a)(iii) of the ISDA Master Agreement
Denton Wilde Sapte LLP February 3 2010
Interpretation of Section 2(a)(iii) of the ISDA Master Agreement is proving to be a topical issue in these recessionary times, both here and across the pond.

E-commerce

The Digital Economy Bill
Hammonds LLP January 28 2010
The Digital Economy Bill was introduced in the House of Lords on 19 November 2009.

New regulations exempting providers of information society services from liability
Hammonds LLP January 28 2010
The government has published in draft the Electronic Commerce Directive (Hatred against Persons on Religious Grounds or Grounds of Sexual Orientation) Regulations 2010.

Digital Controversy Bill
Bristows January 15 2010
The campaign against the Digital Economy Bill continues to gather momentum as the bill makes its way through Parliament.

Digital Economy Bill: dealing with online copyright infringers
Bird & Bird January 11 2010
The introduction of a Digital Economy Bill was announced in the Queens Speech on 18 November.

Employee Benefits & Pensions

Enforcement action for pension transfer compliance failures
Clifford Chance LLP February 1 2010
The FSA has fined Sett Valley Insurance Services £28,000 for conducting pension transfers outside the scope of its Part IV permission, thereby breaching Principle 3 (a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems) and Principle 9 (a firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment) of the FSA's Principles for Businesses.

NAPF publishes 2009/10 Corporate Governance Policy updates
Shepherd & Wedderburn LLP January 29 2010
In January 2010, the National Association of Pension Funds (NAPF) published the 2009/10 updates to its Corporate Governance Policy.

Compulsory pensions - the Pensions Act 2008
Field Fisher Waterhouse LLP January 19 2010
From 2012, under the Pensions Act 2008, large employers will be required to make some form of pension provision for all their employees.

Employment & Labor

Effect of TUPE on collective agreements
Reed Smith LLP February 4 2010
In the case of Parkwood Leisure Ltd v Alemo-Herron and others, the Court of Appeal has examined the effect of regulations 5 and 6 of Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981) in relation to collective agreements.

Employers not bound by new collective agreements post-transfer
Howes Percival LLP February 3 2010
The Court of Appeal has ruled that employers are not bound by the terms of collective agreements of transferred employees which are negotiated after the date of the transfer.

"Stigma damages" are recoverable in discrimination cases
Kennedys January 29 2010
The Court of Appeal has recently confirmed that, in principle, it is possible for a Claimant to recover compensation to reflect the fact that other employers may be reluctant to hire an individual who has brought discrimination proceedings against their former employer.

Take it or lose it
Hammonds LLP January 29 2010
In a decision that will warm the hearts of HR professionals and line managers alike, the Employment Appeal Tribunal has held in Lyons v Mitie Security Ltd that annual leave not taken close to the end of the relevant leave year can be lost by a worker, provided that the employer does not operate its leave procedures and conditions so as to deny requests for leave unreasonably.

Risk assessments for pregnant workers
Kennedys January 29 2010
In the case of O'Neill v Buckinghamshire County Council the EAT held that in the absence of evidence that the work involved a health and safety risk to the expectant mother, pregnant workers are not automatically entitled to a risk assessment.

Revised estimate says asbestos-related liability will cost UK insurers over £11bn by 2050
Edwards Angell Palmer & Dodge January 29 2010
The UK's Asbestos Working Party (AWP) has published its revised projection of the cost to employers' liability insurers of the UK's asbestos liability problem.

Employment
Bevan Brittan LLP January 29 2010
These regulations, which come into force on 1 October 2011, implement the Agency Workers Directive 2008/104 that establishes a general framework for protection of temporary agency workers by providing that the basic working and employment conditions (duration of working time, overtime, breaks, rest periods, night work, holidays, public holidays and pay) of temporary agency workers should be, for the duration of their assignment at a hirer, at least those that would apply if they had been recruited directly by that hirer to occupy the same job.

Acas pre-claim conciliation service
Kennedys January 29 2010
As a result of The Dispute Resolution Review published in 2007 Acas expanded its Pre-Claim Conciliation Service nationally and in October 2009 the service was extended to cover all employment tribunal jurisdictions.

2010 - key employment law dates
Hammonds LLP January 29 2010
1 January - revised Acas Code of Practice on Time Off for Trade Union Duties and Activities came into force.

Right to legal representation during internal disciplinary hearings
MacRoberts January 29 2010
Further to our e-update back in March 2009 on the High Court's decision in R (on the application of "G") v The Governors of "X" School and "Y" Council, we can now report that the Court of Appeal has agreed with the High Court in ruling that a Claimant has the right to be legally represented at an internal disciplinary hearing.

Another case on the patent employee compensation provisions
Hammonds LLP January 28 2010
In Shanks v Unilever, the High Court has provided further guidance on the interpretation of the employee compensation provisions in the Patents Act 1977.

Executives could carry the milk can for supermarket’s involvement in dairy cartel
Norton Rose January 28 2010
A judgment of the English High Court published on Friday 15 January concerning the potential liability of executives for cartel activities could have wide reaching implications for companies and employees implicated in cartels, for insurers and for the Office of Fair Trading’s (OFT) leniency policy and its fledgling settlement procedure.

I’m a believer! I'm protected
Finers Stephens Innocent January 22 2010
The Employment Equality (Religion or Belief) Regulations 2003 ("the Regulations") prohibit discrimination by reason of religion or belief.

Health and safety fines
Field Fisher Waterhouse LLP January 21 2010
The fines and costs which may flow from a safety related incident can be significant, not to mention the reputational stigma which the company will suffer.

Harassment in the workplace: loophole is tightened
Howes Percival LLP January 21 2010
A recent Court of Appeal decision makes it harder for employees to use 'loophole legislation' to claim harassment in the workplace, writes Simon deMaid, employment lawyer at Howes Percival in Northampton.

Protection from Harassment Act 1997: workplace harassment claim must be 'extraordinary' to succeed
Bird & Bird January 20 2010
In Veakins v Kier Islington Ltd the Court of Appeal considered what an employee must prove in order to succeed with a workplace harassment claim brought not under the anti-discrimination legislation but under the 1997 Act.

Fixed-term contracts/jurisdiction: employees who have never worked in the UK may still claim
Bird & Bird January 20 2010
In the recent case of Duncombe and others v Secretary of State for Children, Schools and Families, the Court of Appeal has considerably widened the scope for those working abroad to bring claims in Employment Tribunals in the UK.

Constructive dismissal: distinction between a legitimate management instruction and a punishment
McGrigors LLP January 15 2010
Mr Dear (D) was a social worker who was employed by the NSPCC.

OGC: grey fleet
Bevan Brittan LLP January 15 2010
OGC has launched a major campaign aimed at improving the way the public sector manages 'grey' fleet, i.e. employee-owned vehicles used for work-related journeys.

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Breaking the chain of causation
Bevan Brittan LLP January 14 2010
The appellant employer (W) was vicariously liable for an accident that resulted in the above knee leg amputation of the respondent former employee (S).

IVF = "pregnant" = protected?
McGrigors LLP January 8 2010
Ms Sahota (S) brought sex discrimination and harassment claims in relation to treatment she received from her employer while she was undergoing IVF treatment.

Dismissed 42-year-old banker successful in age discrimination claim
McGrigors LLP January 8 2010
Mr Beck (B) was employed by Canadian Imperial Bank of Commerce (CIBC) as head of its derivatives marketing team.

To move or not to move, that is the question - is it better to change a location and make a reasonable adjustment than make no change in location at all?
Wragge & Co January 8 2010
A worker has a disability.

Energy & Natural Resources

Guidance on ‘Wrotham Park' damages for breach of contract
Hammonds LLP January 28 2010
In Pell Frischmann Engineering Limited v (1) Bow Valley (2) P T Bakrie, the Privy Council has given guidance on how ‘Wrotham Park’ damages should be assessed.

Environment

Finnair's eco ad has its wings clipped
Reed Smith LLP February 2 2010
On January 6, 2010, the UK's advertising watchdog, the Advertising Standards Authority (the ASA), issued a decision upholding complaints it received against a poster that promoted the Finnish airline, Finnair.

Maladministration
Bevan Brittan LLP January 29 2010
The two Ombudsmen have recommended that the Environment Agency, Lancashire CC and Rossendale BC pay £95,000 in compensation to Mrs D and her son for the years of extreme distress, aggravation and financial loss suffered after the three public bodies failed to stop a neighbour from using his land as an illegal landfill site.

Sewerage - the role of planning authorities and the right to connect
Shepherd & Wedderburn LLP January 28 2010
The decision of the Supreme Court in the case of Barratt Homes Limited v Welsh Water [2009] UKSC 13, in December 2009 marks the end of a long-running litigation seeking to clarify the extent of rights under the Water Industry Act to connect to sewerage infrastructure.

Carbon Reduction Commitment – fail to prepare and prepare to fail
Lewis Silkin January 26 2010
As the UK prepares to introduce its own domestic "cap and trade" emissions scheme under the Climate Change Act 2008, many organisations remain unaware of the impact that the CRC Energy Efficiency Scheme will have on their businesses.

Veolia ES Nottinghamshire Ltd v Nottinghamshire CC; Audit Commission (Interested Party) [2009] EWHC 2382 (Admin) (Admin Ct)
Bevan Brittan LLP January 15 2010
V applied for an injunction to prevent the council from disclosing certain documents relating to its waste PFI contract.

General Practice

Mr Justice Jackson, I presume? The report is here and could be good news for defendants (or at least worse news for claimant lawyers...)?
Bevan Brittan LLP January 27 2010
With growing tension, many claimant PI lawyers will have read Mr Justice Jackson's final report on costs - published on 14 January on-line - wondering if life will ever be the same.

Healthcare

Generic medicines: consultation paper recommending new powers for pharmacies to replace branded drugs
Kennedys February 4 2010
The Department of Health proposes introducing generic substitution in primary care.

Foundation trusts
Bevan Brittan LLP February 3 2010
PbR data assurance framework: findings from the accident and emergency pilots - the Audit Commission reviewed accident and emergency (A&E) data for Payment by Results (PbR) purposes in eight acute trusts to see if they should extend the PbR data assurance framework to cover A&E activity

NICE challenged again
Bristows February 3 2010
Bristol-Myers Squibb Pharmaceuticals Ltd (BMS) recently challenged a decision by the National Institute for Health and Clinical Excellence (NICE) to refuse the recommendation of BMS's selective T-cell co-stimulation modulator abatacept for the treatment of rheumatoid arthritis.

SPCs for vaccine combinations
Bristows February 3 2010
The decision of the UK Intellectual Property Office (UKIPO) regarding the Supplementary Protection Certificate (SPC) applications of Medeva confirms the recent trend of cases in the UK dealing with the difficult subject of SPCs for pharmaceutical products containing a combination of therapeutically active ingredients.

Make your selection: the Court of Appeal provides further guidance on selection patents
Bristows February 3 2010
In Dr Reddy's Laboratories v Eli Lilly the Court of Appeal has provided further guidance on the tests for novelty and inventive step of a patent for a compound that has been previously disclosed as part of a class of compounds, a selection patent.

How can conducting clinical research be made less of a trial? Commission consultation on the functioning of the Clinical Trials Directive
Bristows February 3 2010
Clinical trials are a necessary part of the process for developing new medicinal products, as information on the safety and efficacy of a product (which may be obtained through the conduct of clinical studies) must be provided before it will be licensed for sale.

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

Patent cases roundup
Bristows February 3 2010
In Leo Pharma v Sandoz the Court of Appeal rejected Sandoz's appeal to overturn a first instance decision upholding Leo's skin lotion patent as valid.

Change management in life sciences firm's outsourcing arrangements
Bristows February 3 2010
While the subcontracting of services has always been an everyday part of life sciences firms' business strategies, the increasing focus on cost reduction and on improving the time taken to bring drugs to market has meant that the industry has seen a growing trend towards the use of larger scale outsourcing arrangements.

Clinical management
Bevan Brittan LLP February 3 2010
Standards for the management of sexually transmitted infections - these standards provide a framework for monitoring performance which covers the core principles of STI care, staff training, clinical assessment and management, diagnostics, information governance, links to other services, clinical governance and the engagement of patients and the public.

Complaints
Bevan Brittan LLP February 3 2010
Department of Health: 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.

Finance
Bevan Brittan LLP February 3 2010
Quality accounts - this letter sets out the roles of commissioning PCTs, Local Involvement Networks and Overview Scrutiny Committees in the production of quality accounts.

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Health and social care
Bevan Brittan LLP January 29 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.

Adult social services
Bevan Brittan LLP January 29 2010
The Supporting People programme brings together the third sector, local authorities, health bodies and the Probation Service to deliver effective and innovative ways of helping vulnerable people get a home and a job.

Information Technology

UK government approves monetary penalties for data breaches
Steptoe & Johnson LLP February 5 2010
The government of the United Kingdom has approved a proposal that would bring into force the authority of the Information Commissioner's Office (ICO) to impose monetary penalties of up to £500,000 for "serious" breaches of the Data Protection Act 1998.

Efficiency
Bevan Brittan LLP January 29 2010
This strategy document sets out a plan for a smarter, cheaper and greener public sector ICT infrastructure, building on the Smarter Government programme.

Avoiding the Information Commissioner’s new bite
Hammonds LLP January 29 2010
It has recently been announced that the Information Commissioner’s powers to impose fines on organisations that commit serious breaches of the Data Protection Act 1998 are to come into force on 6 April 2010.

Access to information
Bevan Brittan LLP January 29 2010
Government launches one-stop shop for data: announces the launch of the data.

Data protection fines and how to avoid them
Herbert Smith LLP January 28 2010
As the issue of the first Monetary Penalty Notice ("MPN") under the Data Protection Act 1998 (the "DPA") draws closer, organisations are asking themselves how they can avoid being on the receiving end of this new sanction.

Happy 4th European Data Protection Day!
MacRoberts January 28 2010
Today marks the 4th European Data Protection Day, a "celebration" marking the anniversary of the first European convention relating to data protection.

BSkyB wins long-running court battle with EDS
Field Fisher Waterhouse LLP January 28 2010
In a landmark court ruling on 26 January 2010, a judge has ruled in favour of BSkyB in its bitterly contested £710 million legal battle with EDS.

Chip off the old block: electronic technical measures and copyright
Shepherd & Wedderburn LLP January 28 2010
The European Copyright Directive, imported into UK law by Sections 296ZA-ZF of the Copyright, Designs and Patents Act 1988 (CDPA), creates a number of offences in relation to circumventing technological measures designed to prevent infringement of copyright.

BSkyB court victory set to rock the world of IT suppliers
Shepherd & Wedderburn LLP January 27 2010
Yesterday BSkyB won a major victory in the long-awaited ruling over their battle with EDS about fraudulent misrepresentations made to win a contract for BSkyB's IT system.

Countdown to April 2010 – essential steps and quick wins
Field Fisher Waterhouse LLP January 25 2010
From 6th April 2010 organisations and individuals that breach the Data Protection Act will be liable to fines of up to £500,000.

Next steps and quick wins
Field Fisher Waterhouse LLP January 25 2010
At this stage in the legal cycle a data controller's system review should focus on quick win issues, namely those that are most likely to attract the Information Commissioner's interest in the event of an investigation following a security breach.

The legal obligation to keep personal data safe and secure
Field Fisher Waterhouse LLP January 25 2010
The seventh data protection principle in the Data Protection Act requires data controllers to implement "appropriate technical and organisational measures" to keep personal data safe and secure.

Understanding systems and operations
Field Fisher Waterhouse LLP January 25 2010
A "system" for data security is the documented rules, policies and procedures (including contracts) that describe the data controller's position on data security.

The legal basis of the fine
Field Fisher Waterhouse LLP January 25 2010
In May 2008 Parliament passed the Criminal Justice and Immigration Act.

"Must try harder"
Bristows January 15 2010
The Information Commissioner's Office has reviewed central government sector's compliance with obligations to make available information proactively - and found them failing.

English High Court adopts broad interpretation of warranties favouring aggrieved customer in IT project dispute
Bird & Bird January 11 2010
In a dispute over the implementation of a gas and electricity billing system, the English High Court, in GB Gas v Accenture, has held that a fundamental breach of warranty can be constituted by a series of individual breaches, and the consequences of each individual breach aggregated, to determine whether there is a serious adverse effect on the claimant's business.

Insolvency & Restructuring

UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
Denton Wilde Sapte LLP February 3 2010
On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation.

Scottish Court of Session reverses Lord Glennie's controversial judgment in the Scottish Lion case
Edwards Angell Palmer & Dodge February 1 2010
Scottish Lion appealed against a judgment delivered by Lord Glennie in which the petition for the proposed scheme of arrangement was dismissed.

Rent as an administration expense
Cobbetts LLP January 29 2010
On 7 December 2009, His Honour Judge Purle QC sitting as a high court judge, decided that where administrators were using, for the benefit of the company in administration, part of a site held by that company under two leases, the quarter's rent due under those leases falling due on the 25 December 2009 was payable in full from that date as one of the costs and expenses of the administration.

Insolvent tenants: what sums can be recovered from administrators by landlords?
Shepherd & Wedderburn LLP January 28 2010
In the current economic climate, landlords are having to deal more frequently with tenants who are in administration.

Anti-deprivation principle is clarified
Lewis Silkin January 26 2010
The Court of Appeal has clarified the scope of the anti-deprivation principle following two recent High Court cases.

Court of Appeal reverses earlier decision and holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency
Herbert Smith LLP January 26 2010
In September 2009 we reported on the first instance decision in Butters and ors v BBC Worldwide Ltd and ors, in which the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors' access to assets and therefore contrary to public policy in the light of insolvency laws.

Is rent payable as an expense of administration?
Wragge & Co January 22 2010
Nortel Networks UK Limited (the company) was a tenant under two leases.

Creditor can refuse security in favour of bankruptcy
Wragge & Co January 20 2010
S271 of the Insolvency Act 1986 provides that a bankruptcy petition may be dismissed if the court is satisfied that a debtor can pay his debt, or has made an offer to secure or compound the debt, the acceptance of which offer would lead to the petition being dismissed and that the offer has been unreasonably refused.

Insurance & Reinsurance

Fraud exclusion - just how virtuous do innocent partners have to be?
Reynolds Porter Chamberlain LLP February 4 2010
Goldsmith Williams v Travelers Insurance is the first decision to consider the dishonesty exclusion in a solicitor's professional indemnity policy, since the 2006 decision in Zurich v Karim.

FSA consults on effective corporate governance
Edwards Angell Palmer & Dodge February 2 2010
On 28 January 2010 the FSA issued a consultation paper on effective governance, focusing on significant influence controlled functions and Sir David Walker's review of corporate governance in banks and other financial firms.

Consultation Paper issued on sale and rent back
Clifford Chance LLP February 1 2010
The FSA's third Consultation Paper this week is titled "Sale and rent back (full regime)" and contains feedback on CP09/22, made rules and a consultation on reporting.

Enforcement action for pension transfer compliance failures
Clifford Chance LLP February 1 2010
The FSA has fined Sett Valley Insurance Services £28,000 for conducting pension transfers outside the scope of its Part IV permission, thereby breaching Principle 3 (a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems) and Principle 9 (a firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment) of the FSA's Principles for Businesses.

FSA issues Policy Statement on the publication of complaints data
Clifford Chance LLP February 1 2010
The FSA has published its first Policy Statement for 2010, on the "Publication of complaints data, including feedback to CP09/21."

FSA sends out RDR questionnaire
Denton Wilde Sapte LLP January 29 2010
FSA has sent a questionnaire to several firms asking for information on their strategic direction.

Revised estimate says asbestos-related liability will cost UK insurers over £11bn by 2050
Edwards Angell Palmer & Dodge January 29 2010
The UK's Asbestos Working Party (AWP) has published its revised projection of the cost to employers' liability insurers of the UK's asbestos liability problem.

Court of Appeal overturns recent judgment on ‘inherent vice’
Edwards Angell Palmer & Dodge January 29 2010
In Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad [2009] EWCA Civ 1398, the Court of Appeal overturned the first instance judgment of the Commercial Court (previously reported here), and found that the cause of the loss was not 'inherent vice' (a risk excluded under the claimant insured's 'all risks' policy) but 'perils of the sea', a covered risk.

ABI updates guidance on executive remuneration and publishes position paper
Shepherd & Wedderburn LLP January 29 2010
In December 2009, the Association of British Insurers (ABI) published the annual update of its guidelines on executive remuneration policies and practices and a position paper on executive remuneration.

FSA fines adviser for process failures
Denton Wilde Sapte LLP January 29 2010
FSA has fined a financial advice firm and its two partners a total of £49,000.

Confederation of British Industry and PricewaterhouseCoopers publish report on the future of the financial services industry
Edwards Angell Palmer & Dodge January 28 2010
On the 20th anniversary of the Confederation of British Industry and PricewaterhouseCoopers Financial Services Survey, twenty leading figures from across the financial services industry have given their views in a report entitled "20/20 Vision - The Future of Financial Services" (the Report).

Executives could carry the milk can for supermarket’s involvement in dairy cartel
Norton Rose January 28 2010
A judgment of the English High Court published on Friday 15 January concerning the potential liability of executives for cartel activities could have wide reaching implications for companies and employees implicated in cartels, for insurers and for the Office of Fair Trading’s (OFT) leniency policy and its fledgling settlement procedure.

UTCC undertakings on recovering commission clawback
Clifford Chance LLP January 25 2010
The FSA has published undertakings given by AP Financial Services UK Limited and Beacon Financial Limited under the Unfair Terms in Consumer Contracts Regulations 1999.

Enforcement action for misleading marketing material
Clifford Chance LLP January 25 2010
The FSA has fined Standard Life Assurance Limited £2,450,000 for breach of Principle 3 (a firm must take reasonable care to organise and control its affairs responsibly and effectively, with adequate risk management systems) and Principle 7 (a firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading) of the FSA's Principles for Businesses.

Are financial promotions improving?
Clifford Chance LLP January 25 2010
The FSA has published the results of a review by an external consultant of financial promotions issued by firms.

Statement regarding the use of commission clawback terms in Terms of Business Agreements
Norton Rose January 25 2010
The FSA has published a statement regarding the use of commission clawback terms in Terms of Business Agreements.

Enforcement action for failure to ensure compliance with regulatory requirements
Clifford Chance LLP January 25 2010
The FSA has withdrawn the approval of Roger Collins.

Enforcement action for failure to supervise
Clifford Chance LLP January 25 2010
The FSA has withdrawn the permission of Riaz Ahmad, prohibited him from carrying out any controlled function involving the exercise of significant influence over any person in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm and fined him £5,000 for breach of Principle 6 (an approved person performing a significant influence function must exercise due skill, care and diligence in managing the business of the firm for which he is responsible in his controlled function) and Principle 7 (an approved person performing a significant influence function must take reasonable steps to ensure that the business of the firm for which he is responsible in his controlled function complies with the relevant requirements and standards of the regulatory system) of the FSA's Statements of Principle for Approved Persons.

Enforcement action for unauthorised insurance activity
Clifford Chance LLP January 25 2010
The FSA has withdrawn the approval of Mark Hazelwood and prohibited him from performing any function in relation to any regulated activity carried on by any authorised person, exempt person or exempt professional firm.

FSA - stress testing main page
Norton Rose January 25 2010
Stress and scenario testing is an important element in firms planning and risk management processes, helping them to identify, analyse and manage the risks inherent within their businesses.

Enforcement action for failure to activate GABRIEL system
Clifford Chance LLP January 25 2010
The FSA frequently cancels the permission of firms for failing to submit their Retail Mediation Activities Return (RMAR), for failing to pay fees to the FSA, for failing to notify the FSA of a change of address or for failing to pay an award made by the Financial Ombudsman Service - FSA Update does not report these cases.

Insurers told to tell customers about risk of allowing a policy to lapse
Clifford Chance LLP January 25 2010
The cost of insurance premiums if you live in a flood plain is a real issue if you live in one.

FSA taking disciplinary action on handling of client money
Clifford Chance LLP January 25 2010
The collapse of Lehman Brothers and the subsequent litigation have clearly illustrated the losses that can be suffered by customers if the Client Assets rules of the FSA (CASS) are not followed.

Tribunal decision on 'dishonesty'
Clifford Chance LLP January 18 2010
If it appears to the FSA that an individual is not fit and proper it can make a prohibition order.

Intellectual Property

SPCs for vaccine combinations
Bristows February 3 2010
The decision of the UK Intellectual Property Office (UKIPO) regarding the Supplementary Protection Certificate (SPC) applications of Medeva confirms the recent trend of cases in the UK dealing with the difficult subject of SPCs for pharmaceutical products containing a combination of therapeutically active ingredients.

Make your selection: the Court of Appeal provides further guidance on selection patents
Bristows February 3 2010
In Dr Reddy's Laboratories v Eli Lilly the Court of Appeal has provided further guidance on the tests for novelty and inventive step of a patent for a compound that has been previously disclosed as part of a class of compounds, a selection patent.

Patent cases roundup
Bristows February 3 2010
In Leo Pharma v Sandoz the Court of Appeal rejected Sandoz's appeal to overturn a first instance decision upholding Leo's skin lotion patent as valid.

Vodka protected by extended passing off
Hammonds LLP January 28 2010
In Diageo v International Brands, the High Court has ruled on an unusual case of extended passing off.

Star Wars: episode II
Howes Percival LLP January 28 2010
In September 2008 we updated you on a claim by Lucasfilm (the American film production company founded by George Lucas) and others against Mr Andrew Ainsworth and his company.

The Digital Economy Bill
Hammonds LLP January 28 2010
The Digital Economy Bill was introduced in the House of Lords on 19 November 2009.

Another case on the patent employee compensation provisions
Hammonds LLP January 28 2010
In Shanks v Unilever, the High Court has provided further guidance on the interpretation of the employee compensation provisions in the Patents Act 1977.

Personal liability of directors for company acts of IP infringement
Hammonds LLP January 28 2010
In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company.

Court of Appeal rules on Star Wars copyright dispute
Hammonds LLP January 28 2010
In Lucasfilm v Andrew Ainsworth the Court of Appeal has ruled on various copyright issues including what constitutes a ‘sculpture’ within the Copyright Designs and Patents Act 1988 (CDPA) and whether US copyright can be directly enforced in the English courts.

Chip off the old block: electronic technical measures and copyright
Shepherd & Wedderburn LLP January 28 2010
The European Copyright Directive, imported into UK law by Sections 296ZA-ZF of the Copyright, Designs and Patents Act 1988 (CDPA), creates a number of offences in relation to circumventing technological measures designed to prevent infringement of copyright.

Scotch Whisky's eastern advances continue
Shepherd & Wedderburn LLP January 28 2010
Back in September 2008 we brought you news of the success of the Scotch Whisky Association in obtaining legal protection in China for the term "Scottish Whisky", helping to secure hard earned revenues in an important market place.

Court of Appeal reverses earlier decision and holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency
Herbert Smith LLP January 26 2010
In September 2009 we reported on the first instance decision in Butters and ors v BBC Worldwide Ltd and ors, in which the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors' access to assets and therefore contrary to public policy in the light of insolvency laws.

Vodkat fails the vodka challenge – "extended" passing-off used to stop "me-too" products
Herbert Smith LLP January 20 2010
In Diageo v Intercontinental Brands, the High Court held yesterday that an alcoholic drink manufacturer who marketed vodka mixed with other spirits product under the brand name "Vodkat" was passing off its goods as vodka.

Exhaustion of rights, authorised dealerships and Euro defences
Wragge & Co January 15 2010
M-Tech Data Limited (M-Tech) imported disk drives manufactured by Sun Microsystems Inc (Sun) into the UK and sold them to a third party.

Digital Controversy Bill
Bristows January 15 2010
The campaign against the Digital Economy Bill continues to gather momentum as the bill makes its way through Parliament.

Pre-Budget Report 2009 tax reforms - too little, too late for the TMT sector?
Bristows January 15 2010
This year's Pre-Budget Report has given us the first results of the Government's consultation with businesses over possible changes to the taxation of intellectual property with the aim of encouraging global businesses to locate their R&D and other innovative activities in the UK.

Spanner in works for racing game - High Court interprets IP indemnity
Bristows January 15 2010
An indemnity is a promise to be responsible for another's loss arising, most usually, from a breach of contract or warranty.

Digital Economy Bill: dealing with online copyright infringers
Bird & Bird January 11 2010
The introduction of a Digital Economy Bill was announced in the Queens Speech on 18 November.

Leisure & Tourism

Licensing
Bevan Brittan LLP January 29 2010
Consultation on proposal to clarify the definition of 'entertainment facilities' in the Licensing Act 2003: seeks views on a proposal to exclude the provision of musical instruments from the definition of entertainment facilities in the Licensing Act 2003, and clarify that entertainment facilities are not separately licensable if they are used solely for the provision of incidental music.

Litigation

Compound interest – latest developments
Dorsey & Whitney LLP February 4 2010
Parallel claims have been brought in the High Court and statutory tribunal to establish whether compound interest is available for VAT claims and through which jurisdiction.

Fraud exclusion - just how virtuous do innocent partners have to be?
Reynolds Porter Chamberlain LLP February 4 2010
Goldsmith Williams v Travelers Insurance is the first decision to consider the dishonesty exclusion in a solicitor's professional indemnity policy, since the 2006 decision in Zurich v Karim.

So you want your child in that special school?
Chapman Tripp February 4 2010
In a decision that will be of general interest to parents, religious groups and educators, the United Kingdom's new Supreme Court has recently considered the ability of a Jewish Faith School to refuse entry to a Jewish boy who did not meet the School's definition of an 'Orthodox Jew'.

CFCs - Vodafone 2 – Supreme Court refuses leave to appeal
Dorsey & Whitney LLP February 4 2010
Unsurprisingly Vodafone 2 have been refused leave to appeal to the Supreme Court.

Effect of TUPE on collective agreements
Reed Smith LLP February 4 2010
In the case of Parkwood Leisure Ltd v Alemo-Herron and others, the Court of Appeal has examined the effect of regulations 5 and 6 of Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE 1981) in relation to collective agreements.

NICE challenged again
Bristows February 3 2010
Bristol-Myers Squibb Pharmaceuticals Ltd (BMS) recently challenged a decision by the National Institute for Health and Clinical Excellence (NICE) to refuse the recommendation of BMS's selective T-cell co-stimulation modulator abatacept for the treatment of rheumatoid arthritis.

Slavenburg is dead ... long live Slavenberg?
Denton Wilde Sapte LLP February 3 2010
Charlotte Curtis discusses whether the new rules for registration of security granted by overseas companies, which came into force last October, leave security holders in a more unsatisfactory position than they were in under the unpopular Slavenburg regime.

Derivative defaults: interpreting Section 2(a)(iii) of the ISDA Master Agreement
Denton Wilde Sapte LLP February 3 2010
Interpretation of Section 2(a)(iii) of the ISDA Master Agreement is proving to be a topical issue in these recessionary times, both here and across the pond.

SPCs for vaccine combinations
Bristows February 3 2010
The decision of the UK Intellectual Property Office (UKIPO) regarding the Supplementary Protection Certificate (SPC) applications of Medeva confirms the recent trend of cases in the UK dealing with the difficult subject of SPCs for pharmaceutical products containing a combination of therapeutically active ingredients.

Make your selection: the Court of Appeal provides further guidance on selection patents
Bristows February 3 2010
In Dr Reddy's Laboratories v Eli Lilly the Court of Appeal has provided further guidance on the tests for novelty and inventive step of a patent for a compound that has been previously disclosed as part of a class of compounds, a selection patent.

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

Patent cases roundup
Bristows February 3 2010
In Leo Pharma v Sandoz the Court of Appeal rejected Sandoz's appeal to overturn a first instance decision upholding Leo's skin lotion patent as valid.

Employers not bound by new collective agreements post-transfer
Howes Percival LLP February 3 2010
The Court of Appeal has ruled that employers are not bound by the terms of collective agreements of transferred employees which are negotiated after the date of the transfer.

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Lord Justice Jackson's final report on costs in civil litigation
Hammonds LLP February 2 2010
Lord Justice Jackson's final report on costs in civil litigation was published on 14 January 2010 with recommendations aimed at reducing excessive and disproportionate costs.

Incorporation of arbitration clauses by general words
Edwards Angell Palmer & Dodge February 1 2010
Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. [2010] EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract.

Corporate broker intern and his father receive 12 and 24-month prison sentences respectively for insider dealing
Norton Rose February 1 2010
On 10 December 2009, the FSA issued a press release stating that former corporate broker intern, Matthew Uberoi and his father, Neel Uberoi, had been sentenced to 12 and 24-month prison sentences respectively for insider dealing.

Scottish Court of Session reverses Lord Glennie's controversial judgment in the Scottish Lion case
Edwards Angell Palmer & Dodge February 1 2010
Scottish Lion appealed against a judgment delivered by Lord Glennie in which the petition for the proposed scheme of arrangement was dismissed.

Jose v MacSalvors Plant Hire Ltd & Brush Transformers Ltd [15.12.09]
Kennedys January 30 2010
Those familiar with the CPA Model Conditions (the provisions under which cranes are usually hired out in the UK) will need little introduction to clauses 8 and 13.

Litigation
Bevan Brittan LLP January 29 2010
This is the final report of Lord Justice Jackson's comprehensive review of civil litigation costs.

"Stigma damages" are recoverable in discrimination cases
Kennedys January 29 2010
The Court of Appeal has recently confirmed that, in principle, it is possible for a Claimant to recover compensation to reflect the fact that other employers may be reluctant to hire an individual who has brought discrimination proceedings against their former employer.

VAT Tribunal has jurisdiction to deal with public law grounds as well as the merits of a tax appeal
Herbert Smith LLP January 29 2010
In Oxfam v HM Revenue & Customs [2009] EWHC 3078 (Ch) the Court (Sales J) held that the statutory jurisdiction of the VAT & Duties Tribunal (the Tribunal) could extend to public law issues, such that it was not necessary for Oxfam to bring separate judicial review proceedings to raise a challenge based on substantive legitimate expectation.

Class actions – latest developments
Herbert Smith LLP January 29 2010
On 2 December 2009 the government published a consultation on the Role and Powers of the Consumer Advocate, the new "consumer champion" that the government announced in its Consumer White Paper in July 2009.

Without prejudice: extent of unambiguous impropriety exception clarified
Herbert Smith LLP January 29 2010
In Williams v Hull [2009] EWHC 2844 (Ch) Arnold J upheld the 'without prejudice' status of a letter, deciding also that the 'unambiguous impropriety' exception did not apply notwithstanding a serious risk of perjury.

Take it or lose it
Hammonds LLP January 29 2010
In a decision that will warm the hearts of HR professionals and line managers alike, the Employment Appeal Tribunal has held in Lyons v Mitie Security Ltd that annual leave not taken close to the end of the relevant leave year can be lost by a worker, provided that the employer does not operate its leave procedures and conditions so as to deny requests for leave unreasonably.

Rent as an administration expense
Cobbetts LLP January 29 2010
On 7 December 2009, His Honour Judge Purle QC sitting as a high court judge, decided that where administrators were using, for the benefit of the company in administration, part of a site held by that company under two leases, the quarter's rent due under those leases falling due on the 25 December 2009 was payable in full from that date as one of the costs and expenses of the administration.

Privilege update
Herbert Smith LLP January 29 2010
The recent case of Tchenguiz v Imeran [2009] EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on documents) are protected by legal professional privilege.

Risk assessments for pregnant workers
Kennedys January 29 2010
In the case of O'Neill v Buckinghamshire County Council the EAT held that in the absence of evidence that the work involved a health and safety risk to the expectant mother, pregnant workers are not automatically entitled to a risk assessment.

Revised estimate says asbestos-related liability will cost UK insurers over £11bn by 2050
Edwards Angell Palmer & Dodge January 29 2010
The UK's Asbestos Working Party (AWP) has published its revised projection of the cost to employers' liability insurers of the UK's asbestos liability problem.

Injunction granted to restrain transaction due to non-compete provision
Herbert Smith LLP January 29 2010
In the recent case of Sabmiller Africa BV v East African Breweries Limited [2009] EWHC 2140, the Commercial Court granted an interim injunction to prevent a party from implementing a transaction to acquire a majority shareholding in a business rival, and to have its products manufactured and distributed under licence by that rival, as the transaction was allegedly in breach of non-competition provisions (ie restrictive covenants) entered into with the existing manufacturer and distributor of their products.

Parties cannot avoid Commercial Agents Regulations by choice of non-EU law and arbitration
Herbert Smith LLP January 29 2010
In Accentuate v Asigra [2009] EWHC 2655 (QB) the English High Court held it had jurisdiction to hear a claim for compensation under the Commercial Agents (Council Directive) Regulations 1993, even though the relevant agreement was subject to a choice of Canadian law and arbitration and the Canadian arbitral tribunal had already ruled against the claim.

Procurement
Bevan Brittan LLP January 29 2010
B2net, an information technology storage company, applied for an interim order preventing BS from continuing with its competitive public procurement to establish a framework agreement for the provision of IT goods and services to government.

Court of Appeal overturns recent judgment on ‘inherent vice’
Edwards Angell Palmer & Dodge January 29 2010
In Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad [2009] EWCA Civ 1398, the Court of Appeal overturned the first instance judgment of the Commercial Court (previously reported here), and found that the cause of the loss was not 'inherent vice' (a risk excluded under the claimant insured's 'all risks' policy) but 'perils of the sea', a covered risk.

Acas pre-claim conciliation service
Kennedys January 29 2010
As a result of The Dispute Resolution Review published in 2007 Acas expanded its Pre-Claim Conciliation Service nationally and in October 2009 the service was extended to cover all employment tribunal jurisdictions.

Fraudulent misrepresentation in share sale and purchase agreement and subsequent personal liability of director
Norton Rose January 29 2010
On 9 October 2009 the High Court gave judgment in the case of Invertec Limited v De Mol Holdings BV and Henricus Albertus de Mol arising from a transaction under which Invertec (the claimant) and De Mol Holding BV (DMH) (the first defendant) entered into a Sale and Purchase Agreement (SPA) to enable Invertec to purchase the entire issued share capital of Volante Public Transportation Interior Systems Limited (Volante) from DMH.

Right to legal representation during internal disciplinary hearings
MacRoberts January 29 2010
Further to our e-update back in March 2009 on the High Court's decision in R (on the application of "G") v The Governors of "X" School and "Y" Council, we can now report that the Court of Appeal has agreed with the High Court in ruling that a Claimant has the right to be legally represented at an internal disciplinary hearing.

Fulfilment of completion conditions
Cobbetts LLP January 29 2010
If a contract not only contains conditions, on the fulfilment of which completion is dependent, but also sets out a procedure for ascertaining that the conditions have been satisfied, then it may not be sufficient just to fulfil the conditions – it may also be essential to follow the procedure in order to verify that the conditions have been fulfilled.

Supreme Court quashes Terrorism and Al-Qaida Orders
Denton Wilde Sapte LLP January 29 2010
Treasury has published the Government's ministerial statement on the Supreme Court judgment in the case of HM Treasury v. Ahmed and Others.

Court of Appeal guidance on the contractual status of term sheets and letters of intent
Herbert Smith LLP January 29 2010
In Maple Leaf Macro Volatility Master Fund v Rouvroy [2009] All ER (D) 199, the Court of Appeal considered the nature of term sheets.

Standards
Bevan Brittan LLP January 29 2010
The Adjudication Tribunal's work was transferred into the General Regulatory Chamber within the new First-tier Tribunal on 18 January 2010 under the Transfer of Tribunal Functions Order 2010 (SI 2010/22).

Vodka protected by extended passing off
Hammonds LLP January 28 2010
In Diageo v International Brands, the High Court has ruled on an unusual case of extended passing off.

Star Wars: episode II
Howes Percival LLP January 28 2010
In September 2008 we updated you on a claim by Lucasfilm (the American film production company founded by George Lucas) and others against Mr Andrew Ainsworth and his company.

Guidance on ‘Wrotham Park' damages for breach of contract
Hammonds LLP January 28 2010
In Pell Frischmann Engineering Limited v (1) Bow Valley (2) P T Bakrie, the Privy Council has given guidance on how ‘Wrotham Park’ damages should be assessed.

Another case on the patent employee compensation provisions
Hammonds LLP January 28 2010
In Shanks v Unilever, the High Court has provided further guidance on the interpretation of the employee compensation provisions in the Patents Act 1977.

Follow-on damages claims in the U.K.
Cleary Gottlieb Steen & Hamilton LLP January 28 2010
On December 21, 2009, the U.K. Competition Appeal Tribunal (“CAT”) handed down a judgment in the first follow-on damages claim to reach trial in the U.K.

Company not a ‘subsidiary’ where parent has charged its shares
Hammonds LLP January 28 2010
In Enviroco Limited v Farstad Supply A/S, the Court of Appeal held that where a parent company provided shares in its subsidiary as security for a loan and the shares were registered in the name of the lender, the subsidiary would no longer be a ‘subsidiary’ within the meaning of sections 736 and 736A of the Companies Act 1985.

Personal liability of directors for company acts of IP infringement
Hammonds LLP January 28 2010
In Boegli Gravures SA v (1) Darsail (2) Andrei Pyzhov, the High Court summarised when a director will be personally liable for an intellectual property infringement committed by the company.

BSkyB wins long-running court battle with EDS
Field Fisher Waterhouse LLP January 28 2010
In a landmark court ruling on 26 January 2010, a judge has ruled in favour of BSkyB in its bitterly contested £710 million legal battle with EDS.

Jackson costs review report published
Hammonds LLP January 28 2010
Lord Justice Jackson's final report on his review of costs in civil litigation was published on 14 January 2009.

Insolvent tenants: what sums can be recovered from administrators by landlords?
Shepherd & Wedderburn LLP January 28 2010
In the current economic climate, landlords are having to deal more frequently with tenants who are in administration.

Court of Appeal rules on Star Wars copyright dispute
Hammonds LLP January 28 2010
In Lucasfilm v Andrew Ainsworth the Court of Appeal has ruled on various copyright issues including what constitutes a ‘sculpture’ within the Copyright Designs and Patents Act 1988 (CDPA) and whether US copyright can be directly enforced in the English courts.

Solicitors' higher rights of audience offer more options for litigants
Herbert Smith LLP January 28 2010
The Legislative Council has recently passed the Legal Practitioners (Amendment) Bill 2009 which will allow solicitors to apply for higher rights of audience before the Court of First Instance, Court of Appeal and Court of Final Appeal, in both civil and criminal proceedings.

Chip off the old block: electronic technical measures and copyright
Shepherd & Wedderburn LLP January 28 2010
The European Copyright Directive, imported into UK law by Sections 296ZA-ZF of the Copyright, Designs and Patents Act 1988 (CDPA), creates a number of offences in relation to circumventing technological measures designed to prevent infringement of copyright.

Sewerage - the role of planning authorities and the right to connect
Shepherd & Wedderburn LLP January 28 2010
The decision of the Supreme Court in the case of Barratt Homes Limited v Welsh Water [2009] UKSC 13, in December 2009 marks the end of a long-running litigation seeking to clarify the extent of rights under the Water Industry Act to connect to sewerage infrastructure.

Executives could carry the milk can for supermarket’s involvement in dairy cartel
Norton Rose January 28 2010
A judgment of the English High Court published on Friday 15 January concerning the potential liability of executives for cartel activities could have wide reaching implications for companies and employees implicated in cartels, for insurers and for the Office of Fair Trading’s (OFT) leniency policy and its fledgling settlement procedure.

Mr Justice Jackson, I presume? The report is here and could be good news for defendants (or at least worse news for claimant lawyers...)?
Bevan Brittan LLP January 27 2010
With growing tension, many claimant PI lawyers will have read Mr Justice Jackson's final report on costs - published on 14 January on-line - wondering if life will ever be the same.

Termination: injunction to prevent termination
Norton Rose January 27 2010
In the following case the court had to consider whether to issue an injunction to prevent termination of a sub-contract prior to the outcome of an adjudication and whether to issue an injunction preventing a sub-contractor taking any further steps in an adjudication on the basis that it had already embarked on mediation.

JCT contract: the effect of a settlement agreement on the final account provisions
Norton Rose January 27 2010
The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties.

Adjudication: set-off and without prejudice documents
Norton Rose January 27 2010
The following case raised several issues concerning adjudication and in particular what effect the incorporation of a dispute resolution provision giving parties a right to adjudicate in accordance with Part I of the Schedule for Construction Contracts (England and Wales) Regulations 1998 (Scheme) had on the question of set off.

Enviroco Limited v Farstad Supply A/S
Ogier January 27 2010
A recent case in the English Court of Appeal has considered the definition of "subsidiary" set out in sections 736 and 736A of the UK Companies Act 1985 (the "UK Act"), in circumstances where a secured party has taken security by way of assignment of title to the shares of an underlying company.

BSkyB court victory set to rock the world of IT suppliers
Shepherd & Wedderburn LLP January 27 2010
Yesterday BSkyB won a major victory in the long-awaited ruling over their battle with EDS about fraudulent misrepresentations made to win a contract for BSkyB's IT system.

Anti-deprivation principle is clarified
Lewis Silkin January 26 2010
The Court of Appeal has clarified the scope of the anti-deprivation principle following two recent High Court cases.

Court of Appeal reverses earlier decision and holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency
Herbert Smith LLP January 26 2010
In September 2009 we reported on the first instance decision in Butters and ors v BBC Worldwide Ltd and ors, in which the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors' access to assets and therefore contrary to public policy in the light of insolvency laws.

Government consults on information sharing and security in new legal complaints and regulatory system
Clifford Chance LLP January 25 2010
On 20 January the Ministry of Justice launched a consultation on "Disclosure of information by the Office for Legal Complaints and the Legal Services Board", asking for views on the information sharing arrangements relating to the Legal Services Board and the Office for Legal Complaints.

I’m a believer! I'm protected
Finers Stephens Innocent January 22 2010
The Employment Equality (Religion or Belief) Regulations 2003 ("the Regulations") prohibit discrimination by reason of religion or belief.

Is rent payable as an expense of administration?
Wragge & Co January 22 2010
Nortel Networks UK Limited (the company) was a tenant under two leases.

Basic principles of liquidated damages
Herbert Smith LLP January 22 2010
In this newsletter we explore some of the important principles behind liquidated damages under English law.

Harassment in the workplace: loophole is tightened
Howes Percival LLP January 21 2010
A recent Court of Appeal decision makes it harder for employees to use 'loophole legislation' to claim harassment in the workplace, writes Simon deMaid, employment lawyer at Howes Percival in Northampton.

Vodkat fails the vodka challenge – "extended" passing-off used to stop "me-too" products
Herbert Smith LLP January 20 2010
In Diageo v Intercontinental Brands, the High Court held yesterday that an alcoholic drink manufacturer who marketed vodka mixed with other spirits product under the brand name "Vodkat" was passing off its goods as vodka.

Creditor can refuse security in favour of bankruptcy
Wragge & Co January 20 2010
S271 of the Insolvency Act 1986 provides that a bankruptcy petition may be dismissed if the court is satisfied that a debtor can pay his debt, or has made an offer to secure or compound the debt, the acceptance of which offer would lead to the petition being dismissed and that the offer has been unreasonably refused.

Restitution following mistaken CHAPS payment
Wragge & Co January 20 2010
A bank will be liable in restitution where it allows money mistakenly credited to its customer's account to be withdrawn where it knows of the allegation of mistake.

Protection from Harassment Act 1997: workplace harassment claim must be 'extraordinary' to succeed
Bird & Bird January 20 2010
In Veakins v Kier Islington Ltd the Court of Appeal considered what an employee must prove in order to succeed with a workplace harassment claim brought not under the anti-discrimination legislation but under the 1997 Act.

New court ruling – when is a subsidiary no longer a subsidiary?
Nabarro LLP January 20 2010
A recent decision of the Court of Appeal has called into question the definition of a "subsidiary" in circumstances where a holding company grants a legal mortgage over shares in its subsidiary.

Make enquiries of occupiers
Wragge & Co January 20 2010
A lender that does not make enquiries of persons known to be in occupation of a property runs the risk that such persons' interests in the property, if any, may override that of the lender.

Lord Justice Jackson's review on costs
Wragge & Co January 20 2010
Lord Justice Jackson's final report following his review of civil litigation costs was released on 14 January.

Fixed-term contracts/jurisdiction: employees who have never worked in the UK may still claim
Bird & Bird January 20 2010
In the recent case of Duncombe and others v Secretary of State for Children, Schools and Families, the Court of Appeal has considerably widened the scope for those working abroad to bring claims in Employment Tribunals in the UK.

Tribunal decision on 'dishonesty'
Clifford Chance LLP January 18 2010
If it appears to the FSA that an individual is not fit and proper it can make a prohibition order.

Veolia ES Nottinghamshire Ltd v Nottinghamshire CC; Audit Commission (Interested Party) [2009] EWHC 2382 (Admin) (Admin Ct)
Bevan Brittan LLP January 15 2010
V applied for an injunction to prevent the council from disclosing certain documents relating to its waste PFI contract.

Constructive dismissal: distinction between a legitimate management instruction and a punishment
McGrigors LLP January 15 2010
Mr Dear (D) was a social worker who was employed by the NSPCC.

Sidey Ltd v Clackmannanshire Council [2009] CSOH 166 (Scot CS)
Bevan Brittan LLP January 15 2010
This case concerned the council's award of a public works contract for the replacement of kitchens and bathrooms in its council houses, worth £2,500,000.

Exhaustion of rights, authorised dealerships and Euro defences
Wragge & Co January 15 2010
M-Tech Data Limited (M-Tech) imported disk drives manufactured by Sun Microsystems Inc (Sun) into the UK and sold them to a third party.

Easements - change of use of benefited land from garden to housing does not affect easement
Wragge & Co January 15 2010
In Davill v Pull, the claimant and the defendants each had a right of way over a track to access their respective adjoining plots.

Payments during pregnancy
McGrigors LLP January 15 2010
Ms Parvianen (P) was employed by Finnair as an air stewardess.

Spanner in works for racing game - High Court interprets IP indemnity
Bristows January 15 2010
An indemnity is a promise to be responsible for another's loss arising, most usually, from a breach of contract or warranty.

Planning: environmental impact assessments - implications of recent judgments
Wragge & Co January 15 2010
The Secretary of State for Communities and Local Government issued a letter to all chief planning officers in November 2009 in relation to two court decisions which could impact the way in which local planning authorities approach Environmental Impact Assessments (EIAs).

Late application to adjourn trial fails
Bevan Brittan LLP January 14 2010
The Defendant applied to adjourn the quantum trial three weeks before the trial date and the day before the pre-trial review because the Defendant's experts had not met, exchanged reports or produced a joint statement as required by the directions.

Lord Justice Jackson publishes final report on civil litigation costs
Wragge & Co January 14 2010
The biggest review of civil procedure in England & Wales since Lord Woolf's Access to Justice report in 1996, Lord Justice Jackson's Civil Litigation Costs Review makes a number of important recommendations which, if implemented, could result in significant changes to civil procedure.

Breaking the chain of causation
Bevan Brittan LLP January 14 2010
The appellant employer (W) was vicariously liable for an accident that resulted in the above knee leg amputation of the respondent former employee (S).

English High Court adopts broad interpretation of warranties favouring aggrieved customer in IT project dispute
Bird & Bird January 11 2010
In a dispute over the implementation of a gas and electricity billing system, the English High Court, in GB Gas v Accenture, has held that a fundamental breach of warranty can be constituted by a series of individual breaches, and the consequences of each individual breach aggregated, to determine whether there is a serious adverse effect on the claimant's business.

Couple sell farm to pay for chancel repairs
DMH Stallard LLP January 11 2010
After fighting their case all the way to the House of Lords and losing, Powys couple Andrew and Gail Wallbank have been forced to sell their farm in order to pay for repairs to the chancel of their local church and their legal costs in fighting their case.

IVF = "pregnant" = protected?
McGrigors LLP January 8 2010
Ms Sahota (S) brought sex discrimination and harassment claims in relation to treatment she received from her employer while she was undergoing IVF treatment.

Dismissed 42-year-old banker successful in age discrimination claim
McGrigors LLP January 8 2010
Mr Beck (B) was employed by Canadian Imperial Bank of Commerce (CIBC) as head of its derivatives marketing team.

To move or not to move, that is the question - is it better to change a location and make a reasonable adjustment than make no change in location at all?
Wragge & Co January 8 2010
A worker has a disability.

Non-exclusive jurisdiction – the intention?
Fladgate LLP January 4 2010
Non-exclusive jurisdiction clauses, often used by English lawyers, can have unfortunate results, as demonstrated by the Court of Appeal in Highland Crusader v The Deutsche Bank.

The law of mistake: in B -v- C, D and E in the matter of the A Trust
Ogier January 2 2010
In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity fully to review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.

Media & Entertainment

Finnair's eco ad has its wings clipped
Reed Smith LLP February 2 2010
On January 6, 2010, the UK's advertising watchdog, the Advertising Standards Authority (the ASA), issued a decision upholding complaints it received against a poster that promoted the Finnish airline, Finnair.

Licensing
Bevan Brittan LLP January 29 2010
Consultation on proposal to clarify the definition of 'entertainment facilities' in the Licensing Act 2003: seeks views on a proposal to exclude the provision of musical instruments from the definition of entertainment facilities in the Licensing Act 2003, and clarify that entertainment facilities are not separately licensable if they are used solely for the provision of incidental music.

Star Wars: episode II
Howes Percival LLP January 28 2010
In September 2008 we updated you on a claim by Lucasfilm (the American film production company founded by George Lucas) and others against Mr Andrew Ainsworth and his company.

The Digital Economy Bill
Hammonds LLP January 28 2010
The Digital Economy Bill was introduced in the House of Lords on 19 November 2009.

Court of Appeal rules on Star Wars copyright dispute
Hammonds LLP January 28 2010
In Lucasfilm v Andrew Ainsworth the Court of Appeal has ruled on various copyright issues including what constitutes a ‘sculpture’ within the Copyright Designs and Patents Act 1988 (CDPA) and whether US copyright can be directly enforced in the English courts.

Court of Appeal reverses earlier decision and holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency
Herbert Smith LLP January 26 2010
In September 2009 we reported on the first instance decision in Butters and ors v BBC Worldwide Ltd and ors, in which the Court held that contractual provisions in a joint venture agreement taken together with termination provisions in a licence of IP rights were void since the effect of those provisions on insolvency was to deprive creditors' access to assets and therefore contrary to public policy in the light of insolvency laws.

Are financial promotions improving?
Clifford Chance LLP January 25 2010
The FSA has published the results of a review by an external consultant of financial promotions issued by firms.

Digital Controversy Bill
Bristows January 15 2010
The campaign against the Digital Economy Bill continues to gather momentum as the bill makes its way through Parliament.

Spanner in works for racing game - High Court interprets IP indemnity
Bristows January 15 2010
An indemnity is a promise to be responsible for another's loss arising, most usually, from a breach of contract or warranty.

Digital Economy Bill: dealing with online copyright infringers
Bird & Bird January 11 2010
The introduction of a Digital Economy Bill was announced in the Queens Speech on 18 November.

Non-profit Organizations

Charities failing to claim millions in Gift Aid every year
MacRoberts February 3 2010
An estimated £750 million of Gift Aid is going unclaimed by charities in the UK every year according to a report by the National Council for Voluntary Organisations and the Charities Aid Foundation.

VAT Tribunal has jurisdiction to deal with public law grounds as well as the merits of a tax appeal
Herbert Smith LLP January 29 2010
In Oxfam v HM Revenue & Customs [2009] EWHC 3078 (Ch) the Court (Sales J) held that the statutory jurisdiction of the VAT & Duties Tribunal (the Tribunal) could extend to public law issues, such that it was not necessary for Oxfam to bring separate judicial review proceedings to raise a challenge based on substantive legitimate expectation.

Private Client & Offshore Services

Shareholders, directors, employees planning for the 50% income tax rate
Lewis Silkin January 26 2010
Some "top tax tips" for a UK resident individual who is likely to be affected by the 50% income tax rate to be introduced on 6 April 2010.

The law of mistake: in B -v- C, D and E in the matter of the A Trust
Ogier January 2 2010
In B -v- C, D and E in the matter of the A Trust the Royal Court took the opportunity fully to review the law of mistake in Jersey concerning the disposal of personal property by an individual into a trust following recent decisions by the English courts.

Product Liability

How can conducting clinical research be made less of a trial? Commission consultation on the functioning of the Clinical Trials Directive
Bristows February 3 2010
Clinical trials are a necessary part of the process for developing new medicinal products, as information on the safety and efficacy of a product (which may be obtained through the conduct of clinical studies) must be provided before it will be licensed for sale.

Product liability - can defendants be substituted outside the 10-year limitation period?
Bristows February 3 2010
In December 2009 the European Court of Justice (ECJ) rendered a judgment concerning liability for defective products and, in particular, the possibility to substitute defendants outside the 10-year limitation period.

Class actions – latest developments
Herbert Smith LLP January 29 2010
On 2 December 2009 the government published a consultation on the Role and Powers of the Consumer Advocate, the new "consumer champion" that the government announced in its Consumer White Paper in July 2009.

Projects & Procurement

You don't need to be prompt, just don't be too late
MacRoberts February 3 2010
On 28 January, the European Court of Justice (ECJ) handed down its judgment in Uniplex (UK) Ltd (Uniplex) v NHS Business Services Authority (NHS) (C-406/08).

Procurement
Bevan Brittan LLP January 29 2010
B2net, an information technology storage company, applied for an interim order preventing BS from continuing with its competitive public procurement to establish a framework agreement for the provision of IT goods and services to government.

BSkyB court victory set to rock the world of IT suppliers
Shepherd & Wedderburn LLP January 27 2010
Yesterday BSkyB won a major victory in the long-awaited ruling over their battle with EDS about fraudulent misrepresentations made to win a contract for BSkyB's IT system.

The Local Democracy, Economic Development and Construction Act 2009
Hammonds LLP January 27 2010
On 12 November 2009, the Local Democracy, Economic Development and Construction Act 2009 (the "LDEDCA") received Royal Assent.

IDeA: Members' guides - top tips for making savings through better procurement
Bevan Brittan LLP January 15 2010
The IDeA has published a series of procurement guides which raise awareness among councillors of the importance of procurement and potential savings.

Public Contracts (Amendment) Regulations
Bevan Brittan LLP January 15 2010
These regulations, which came into force on 20 December 2009, amend SI 2006/5 so as to implement the new Remedies Directive 2007/66, which strengthens the legal review procedures that are available for breaches of the public procurement regime and increases the range of remedies available in all Member States.

OGC: Procurement Policy Note 11/09 – preliminary guidance on the application of the public procurement rules to development agreements
Bevan Brittan LLP January 15 2010
This guidance sets out some of the circumstances which may reduce or increase the likelihood that a development agreement will be subject to the public procurement rules.

OGC: Policy through procurement action plan
Bevan Brittan LLP January 15 2010
OGC: Policy through procurement action plan sets out how Government will deliver its policy of using procurement to pursue economic growth through the three specific agendas of supporting small and medium-sized enterprises, encouraging apprenticeships, training and youth employment, and reducing carbon emissions.

Veolia ES Nottinghamshire Ltd v Nottinghamshire CC; Audit Commission (Interested Party) [2009] EWHC 2382 (Admin) (Admin Ct)
Bevan Brittan LLP January 15 2010
V applied for an injunction to prevent the council from disclosing certain documents relating to its waste PFI contract.

Sidey Ltd v Clackmannanshire Council [2009] CSOH 166 (Scot CS)
Bevan Brittan LLP January 15 2010
This case concerned the council's award of a public works contract for the replacement of kitchens and bathrooms in its council houses, worth £2,500,000.

R (London Secure Services Ltd) v Youth Justice Board
Bevan Brittan LLP January 15 2010
These three linked claims concerned the tendering process under which the YJB awarded a total of ten contracts for the provision of accommodation for children and young people in secure children's homes.