Mondaq Business Briefing articles from August 2007

Mondaq Business Briefing archives from August 2007

IRS Challenges Claims That Certain Capital Gain Dividends Received By Foreign Government Investors From REITs Or RICs Are Not Subject To US Tax.
August 1, 2007... Originally published June 21, 2007 On June 13, 2007, the Internal Revenue Service (IRS) issued Notice 2007-55 to alert taxpayers that it intends to (i) challenge claims that capital gain dividends paid to foreign government investors by...

FCPA Scrutiny Of Nigerian Customs Payments Intensifies - Companies Conducting Business In High-Risk Countries Redouble Compliance Reviews.(Foreign Corrupt Practices Act)
August 1, 2007... Originally published 16 July 2007 In the wake of the guilty plea entered by Vetco Grey in February 2007, the US Department of Justice (DOJ) has aggressively intensified its investigation into payment practices of those working through the...

SEC Staff Issues Denial Of No-Action Request Regarding Broker-Dealer Registration To Company Acting As A Financial Consultant And Finder Of Investors For Small Businesses.
August 1, 2007... Developments of Note FRB Grants Risk-Based Exception for Margin Loans Federal District Court Dismisses Excessive Fee Suit against Mutual Fund Adviser and Distributor SEC Chairman Issues Letter Concluding that a Mortgagor's...

"Next Generation" Consumer Class Actions Target Retailers/Franchisors.
August 1, 2007... The plaintiffs' class action bar has set its sights on the next generation of consumer litigation, this time concerning the information that appears on consumers' receipts at the point of sale. At stake are millions and potentially billions of...

Canada Modernizes EFC Treatment Under Insolvency Legislation.(Federal Budget Implementation Act)(Bankruptcy and Insolvency Act)(Creditors Arrangement Act)(expected family contribution)
August 1, 2007... On June 22, 2007, the federal Budget Implementation Act, 2007 (formerly Bill C-52) received royal assent. Most of the Act came into force on that date, including nearly all of Part 9, which makes important amendments to the eligible financial...

OFT Fine On British Airways Reaches New Heights.(Enterprise Act 2002)(Office of Fair Trading)
August 1, 2007... The Competition Act 1998 prohibits any form of price co-ordination between competitors, whilst the Enterprise Act 2002 raises the prospect of criminal sanctions. Over the last year much of the press comment on competition matters has been...

Australia: The Sins Of The Sons (Of Gwalia) Are Visited On Creditors Yet Again.
August 1, 2007... Australia is sometimes referred to as "down under" for obvious geographic reasons. In the investment community, however, Australia is becoming known as "upside down" due to the Sons of Gwalia (SOG) insolvency proceedings, in which the alleged...

Goodmans Q&A: Can Parallel Importation Be Prevented Under The Canadian Copyright Act?
August 1, 2007... Q: Can Parallel Importation be Prevented under the Canadian Copyright Act? A: The parallel importation (also known as grey marketing) of genuine goods into Canada by unauthorized persons has been the subject of debate and legal action for...

Double Boost.
August 1, 2007... Originally Published in Investor Services Journal, July 2007 In the past few weeks Guernsey's fund industry has received two major boosts: the value of funds under management and administration in the Island reached a new high of more than...

Medicaid to Require "Tamper-Resistant" Prescription Pads.(Duane Morris, L.L.P.)
August 1, 2007... Pharmacists and Physicians Beware: New Medicaid Statute Could Affect You Pharmacists and physicians should take note that on October 1, 2007, Medicaid will deny reimbursement for prescriptions written on traditional prescription pads....

SEC Proposes Revisions to Rules 144 and 145 to Shorten Holding Period for Affiliates and Non-Affiliates.(Securities Act of 1933)(Securities and Exchange Commission)
August 1, 2007... Laurence S. Lese, Michael H. Margulis, David J. Kaufman and Ruben Gutierrez On June 22, 2007, the Securities and Exchange Commission (the "SEC") proposed amendments to Rules 144 and 145 promulgated under the Securities Act of 1933 (the...

E-Discovery: Admissibility Of E-Mails Critical For Success On Summary Judgment.(Lorraine v. Markel American Insurance Co.)
August 1, 2007... Lorraine v. Markel American Insurance Co., ____ F.R.D. ____, No. PWG-06-1893, 2007 WL 1300739 (D. Md. May 4, 2007) Ensuring that e-mails are admissible as evidence in support of a motion for summary judgment may be vital to the success of...

9th Circuit Holds Changes To Customer Contracts Are Unenforceable Absent Notice And Consent.(Douglas v. Talk America Inc.)
August 1, 2007... In a case of first impression, the 9th Circuit recently held that a service provider cannot change the terms of its service contract with customers by merely posting the revised contract on its website. In order for contract changes to be...

Liability For Damage Caused By Fire And Applying The Principles In "Biggin V Permanite" In Considering The Reasonableness Of A Settlement.
August 1, 2007... The question of who is liable for damage caused by fire is one which crops up more often than you might think. The case of John F Hunt Demolition Ltd v ASME Engineering Ltd [EWHC] 1507 TCC provides a useful recap on questions of responsibility...

Immigration Status Not A Bar To Illegal Aliens Filing Civil Rights Claims Against Their Employers.(Perkins Family Restaurants L.P.)(Maria Torres)
August 1, 2007... Recent cases make clear that immigration status does not preclude illegal workers from pursuing claims against their employers. As such, U.S. employers are just as susceptible to being sued by illegal aliens as they are by workers here legally....

Hamilton: The Project: Advancing Opportunity, Prosperity and Growth.
August 1, 2007... This paper was originally prepared for The Hamilton Project at The Brookings Institution. Copyright [c] 2007 The Brookings Institution The Hamilton Project seeks to advance America's promise of opportunity, prosperity, and growth. The...

NSW Decision Casts Doubts On Ability Of Developers To Sell Management Rights.(New South Wales, Australia. Supreme Court)
August 1, 2007... A recent decision in the Supreme Court of New South Wales has cast doubts on the ability of a developer to retain the proceeds of sale of management rights for a scheme. Community Association DP NO 2701801 v Arrow Asset Management Pty Ltd...

EU Bankruptcy Regulations - Centre Of Main Interests.(Insolvency Act 1986)(Zvonko Stojevic vs Komercni Banka AS)(European Union)
August 2, 2007... Zvonko Stojevic v (1) Komercni Banka AS (2) Yvonne Venvil (Trustee in Bankruptcy of Zvonko Stojevic) (3) Official Receiver (2006) Ch D (Bankruptcy Ct) (Registrar Jaques) 20/12/2006 - LTL 25/1/2007 (unreported elsewhere) Mr Stojevic, a...

Personal Insolvency - Bankruptcy.
August 2, 2007... S.335A Insolvency Act 1986 Foyle & Foyle v Turner (2007) Unreported The trustee in bankruptcy of Mr Foyle applied for an order for possession and sale of the matrimonial home, which was jointly owned by Mr and Mrs Foyle. The...

A Picture Tells a Thousand Dollars (In Damages!).
August 2, 2007... Australia's first decision on the failure to attribute the author of an artistic work was handed down last year and offers some instructive lessons for agencies. That decision held that the treatment by Woman's Day, of a photograph of a...

Capital Gains Tax & Family Law Settlements.
August 2, 2007... The transfer from one party to the other party of the interest of that party in the former matrimonial home, pursuant to an order of the Family Court or a Family Law settlement, in the past, had been exempt from Capital Gains Tax (CGT). ...

Health And Safety At Work: The Meaning Of 'Reasonable Practicability'.
August 2, 2007... The Health and Safety at Work Act 1974 (the Act) imposes a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. The qualifying phrase 'so far as is reasonably...

Is The End In Sight For Independent Midwives?
August 2, 2007... It seems that Professional Indemnity insurance cover is soon to be compulsory for all independent midwives. The liability for independent midwives can be a difficult area, especially where independent midwives are working alongside NHS staff....

Despite Success, Trade Mark Holder Left Carrying The Bag On Costs: What Are The Lessons?
August 2, 2007... What do you do if you go to the trouble of suing someone for infringement of your trade mark, successfully obtain an order against them to restrain them from continuing to infringe and they breach that order? The answer is you can sue them...

Chancel Repair Liability.
August 2, 2007... Originally published in Property Law Journal, March, 2007 The latest stage in the saga of a couple's fight against liability for repairs to the chancel of a church in Warwickshire has been much reported recently. In 2003 the House of...

Citigroup Ruling - Implications For Letters Of Engagement And Insider Trading.(Citibank Global Markets Australia Pty Ltd.)
August 2, 2007... The much anticipated Australian Federal Court decision handed down on 28 June cleared one of the world's leading banks of insider trading and conflict of interest charges and in doing so clarified the approach that Australian courts will take...

Best Practices For Options Grants By Venture-Backed Companies.
August 2, 2007... Employee option grants have long been a staple of the recruitment and compensation of employees at venture-backed companies. However, recent changes in the regulatory and enforcement environment have made the option grant process more perilous...

Good Faith Between Banks - Honesty In A Workout Situation?(National Westminster Bank PLC v Rabobank Nederland)
August 2, 2007... In a recent decision of the English High Court, the Court considered the important question of the extent to which banks involved in a workout were under an obligation to disclose to each other information that was material to the other's...

Funds Received Free Of Charge: A New Tax Risk?
August 2, 2007... The method of transferring of funds free of charge, used by many foreign investors to finance their Russian subsidiaries, is again threatened by adverse tax consequences. The receipt by a Russian legal entity of funds free of charge has...

A Shifting Burden: Recent Developments Related to English-Only Policies in the Workplace.
August 2, 2007... English-only policies in the workplace are not new. The first reported case involving an English-only policy occured in Texas in 1979. Since that time, numerous employers have either adopted or considered adopting such policies. While employers...

Gambling Advertisements - New Rules Deal Casinos And Bookmakers A Better Hand.
August 2, 2007... Recently the Committee for Advertising Practice (CAP) and its broadcast arm (BCAP) announced new rules which will amend the current codes of practice and regulate the ability of gambling and betting institutions to advertise their services. The...

A Captive Audience.
August 2, 2007... Originally Published in Post Magazines SMEs Supplement, July 2007 There was a time when it would have been safe to assume that captive insurance was the preserve of large international organisations. However, innovation in the sector has...

Releasing The Value in Discontinued Business.
August 2, 2007... This article was first published in PricewaterhouseCooper's May 2007 edition of Insurance Digest. More than [euro]200 billion of claims relate to discontinued European non-life business. Yet, while most of these closed books reside in...

Perspective: An E-Mail Connection To White House Wrongdoing?
August 2, 2007... The House Oversight Committee has been investigating whether White House officials violated the Presidential Records Act by using e-mail accounts maintained by the Republican National Committee and the Bush Cheney '04 campaign. ...

ISPs (Including Hosts) Exempted From Terrorist Offences.(internet service providers )
August 2, 2007... The 2002 E-Commerce Regulations provide a number of exemptions to internet service providers (ISPs) for all liability, including where the ISPs are acting as hosts or mere-conduits, or where they cache data. However, these exemptions only apply...

Delaware Chancery Court Rules On Fiduciary Duties, Proxy Disclosure And Revlon Duties.(Topps Company Inc.)(Lear Corporation Ltd.)(Case overview)
August 2, 2007... By Laurence S. Lese and Tausha A. Wagner On June 14 and 15, 2007, the Delaware Court of Chancery handed down opinions in two similar cases addressing the fiduciary duties of directors in the context of the sale of a public company to a...

Australian Mortgage Brokers - Current Environment And The Future.(Market overview)
August 2, 2007... Background In the late 1980's, the Australian financial market was deregulated. New financial players entered the markets, a number of mergers occurred and competition was intense. Particularly for credit products. As a result, the lending...

Employee Share Incentives In Recent Biotech IPOs.(Survey)
August 2, 2007... We have again surveyed employee share plan arrangements as disclosed in company admission documents and prospectuses for biotech companies. Our survey covers documents issued between January and June 2007. Although there were nine...

Updated Guidance For Employers About The Massachusetts Health Care Reform Law.
August 2, 2007... All employers with employees in Massachusetts, including employers with ERISA plans, have obligations under the state's new health care reform law. While implementation of the law is well underway, the state continues to issue new regulations...

Proceedings Against Possible Market Sharing By E.ON And Gaz de France.
August 2, 2007... The European Commission on 30 July 2007 announced that it has initiated proceedings against E.ON and Gaz de France for suspected market sharing. Information was discovered following dawn raids in 2006. The European Commission believes that E.ON...

CAT Gives Guidance On Remedies In UK Merger Divestment Cases.(Competition Appeal Tribunal )
August 2, 2007... The Competition Appeal Tribunal (CAT) has made its judgment in the first case to challenge a refusal by the Office of Fair Trading (OFT) to approve a purchaser of divestment assets arising from a merger. The CAT upheld the OFT's refusal. This...

Export And Deliver.(grants for export marketing)
August 2, 2007... Small and medium sized exporters can now apply for a reimbursement of up to $150,000 of their marketing expenses during the year ended 30 June 2007. The Export Market Development Grants (EMDG) scheme is a Federal Government financial...

Directors Beware.(Australia. Securities and Investments Commission)
August 2, 2007... The office of Director is becoming more closely scrutinised by the Australian Securities and Investment Commission (ASIC), with ASIC now having a number of programs to monitor possible breaches of directors' duties, particularly in relation to...

SEC Adopts New Antifraud Rule Under The Investment Advisers Act Of 1940.
August 2, 2007... By Proskauer Rose LLP's Securities Litigation and Enforcement Practice Group and Financial Services Practice Group On December 27, 2006, the Securities and Exchange Commission ("SEC" or the "Commission") released a proposed new rule under...

Guernsey as a leading captive insurance domicile - the future is bright.(Company overview)
August 2, 2007... Originally Published: Global Assets Online, July 2007 In 2007 Guernsey is a thriving captive insurance domicile. During the last century Guernsey's captive insurance industry has expanded enormously to make the Island what it is today - the...

Forging Ahead.(Guernsey's)(Company overview)
August 2, 2007... Originally Published Global Assets Online, July 2007. In 2007 Guernsey's finance industry is continuing from where it left off in 2006 - experiencing substantial growth that is pushing business to record highs. Market conditions are...

Ahead Of The Game.
August 2, 2007... Originally Published: FTSE Global Markets, July 2007. Guernsey's investment fund industry is in 2007 continuing from where it left off in 2006 - experiencing substantial levels of growth that are pushing levels of business to record highs....

Managing Your Liability For Defects In Property.
August 2, 2007... Owners, Purchasers and Tenants of real estate - to protect your interests you should always find out if contractual rights of recourse to the construction team are available for your benefit (whether in the form of collateral warranties or...

WorkChoices - Who's Covered And Who's Not?(Workplace Relations Act 1996 )
August 2, 2007... Article by Zita Beuth, Associate While it has been over a year now since WorkChoices was introduced, many organisations still harbour some uncertainty about whether the Federal workplace relations system applies to them or not. From the...

Thelen Labor and Employment Teams Win on Both Coasts.(Kaiser Permanente International)
August 2, 2007... NEW YORK, LOS ANGELES, and SAN FRANCISCO (July 25, 2007)-Thelen Reid Brown Raysman & Steiner LLP's national Labor and Employment department has recently seen back-to-back wins for two of the firm's long-standing, institutional clients. Both...

New Federal Minimum Wage Rate Takes Effect.(Brief article)
August 3, 2007... Effective on July 24, 2007, the federal minimum wage increased from $5.15 to $5.85 per hour. As a reminder, the new minimum wage posters should have been posted on July 24, 2007. Click here for a copy. The recently-enacted law, which is the...

Corporate Governance.(Discussion)
August 3, 2007... Eric Klein and Bruce Vanyo were contributors to this article. Corporations today are under constant pressure from the media, the public, and the government to demonstrate that they have good corporate governance practices in place. The...

Supplementary Protection Certificate For Medicinal Products Or For Plant Protection Products - New Title Of Protection In Romania.
August 3, 2007... As Romania became part of the European Community since January 1st, 2007, new regulation regarding protecting the industrial property came into force. So, according to Art. 19a from the Accession Treaty of Romania to European Union: "to any...

TUPE Protection For PR Provider.(Transfer of Undertakings (Protection of Employment) Regulations)
August 3, 2007... This article is the copyright of Bond Pearce LLP, July 2007. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) have been with us for over a quarter of a century having brought into force the European Acquired Rights...

Retiring The Retirement Age?
August 3, 2007... This article is the copyright of Bond Pearce LLP, 2007 Out of the three new fields of discrimination outlawed since 2003, age was always going to be the most challenging one to implement. As with sexual orientation and religion or belief...

Litigation: When A Party's Chances At Trial Are Hurt By Lost Evidence.
August 3, 2007... Under Florida law, spoliation of evidence can lead to: 1) a cause of action in tort for either the intentional or negligent loss of evidence; 2) a defense to recovery; 3) the basis for a negative evidentiary inference or presumption; and 4)...

Intellectual Property: Passing Off - The Law Does Concern Itself With Trivialities.(Case overview)
August 3, 2007... Introduction The case of Knight v Beyond Properties Pty Ltd and others at the end of May 2007 contains some useful reminders for those interested in the law of passing off and, in particular, its limitations. Passing off is used to protect...

Tellabs, Inc. v. Makor Issues & Rights, Ltd., No. 06-484.
August 3, 2007... Originally published June 21, 2007 http://www.supremecourtus.gov/opinions/06pdf/06-484.pdf. In an effort to curb abusive securities fraud litigation, the Private Securities Litigation Reform Act of 1995 ("PSLRA") requires plaintiffs to...

Online Personal Data Protection.
August 3, 2007... By Tania Gorostieta The technological progress in Information Technologies and computer networks in the recent decades increases by the day and plays an increasingly important part in various aspects of human activities. The use of...

SEC Proposes Simplified Reporting Requirements For Smaller Companies.
August 3, 2007... Laurence S. Lese and David J. Miller On July 5, 2007, the Securities and Exchange Commission (the "SEC") proposed rule amendments regarding disclosure and reporting requirements for smaller companies under the Securities Act of 1933 and...

Selecting The Right Entity Structure.
August 3, 2007... Determining the most appropriate business or investment structure requires significant consideration prior to making the decision to proceed. The entity structure usually adopted includes one or more of the following vehicles: ...

Europe Clamps Down On Data Protection Violations: U.S. Multinational Fined For Cross-Border Data Transfer.(La Commission Nationale de l'Informatique et des Libertes )
August 3, 2007... For the first time, a U.S. multinational organization has been fined for violations of the E.U.'s Data Protection Directive, following a recent clampdown by European data protection authorities on breaches of the E.U.'s strict data protection...

CMS Considering Expansion Of Obstetrical Insurance Subsidy Exception.(Centers for Medicare and Medicaid Services)
August 3, 2007... On July 2, 2007, the Centers for Medicare and Medicaid Services (CMS) released its proposed 2008 Medicare Physician Fee Schedule. In addition to revising the Stark Law's treatment of "under arrangement" transactions, lease agreements, and...

Financial Institutions Under Scrutiny For E.U. Data Security Breaches: Lessons To Be Learned.
August 3, 2007... The European data protection authorities have been cracking down on data security breaches and the UK has recently focused its attention on financial institutions who have violated the Data Protection Act 1998 (DPA). Organizations that fail to...

P2P Software On Corporate Computers Presents Privacy And Data Security Risks.
August 3, 2007... Two recent developments highlight the risks that are presented by the use of Peer-to-Peer (P2P) file-sharing software on corporate computers, and underscore the importance of having, and enforcing, data security policies in the corporate...

Reminder - Finance Act 2007 Now In Force.
August 3, 2007... The Finance Act 2007 received Royal Assent on 19th July. It makes a number of amendments to the new pensions tax regime relating to registered pension schemes. This article summarises the main changes relevant to both occupational and personal...

Interim Rules of the U.S. - Singapore Free Trade Agreement.
August 3, 2007... The U.S. Customs and Border Protection has issued interim rules to implement the preferential tariff treatment and other customs-related provisions of the United States - Singapore Free Trade Agreement, entered into by the United States and the...

Fighting For Principles? The New Solicitors' Code Of Conduct.
August 3, 2007... The new Solicitors' Code of Conduct has retained much of the old Guide to the Professional Conduct of Solicitors but has made some changes, some of which may result in uncertainty and even give claimants additional material to attempt to infer...

Shot By Both Sides?(litigant in person cases overviewed)(Case overview)
August 3, 2007... Solicitors who conduct litigation are usually mindful of their professional duties to their client and their obligations to the court. However, it is easy for them to lose sight of their additional duty to act in good faith towards the other...

Renewable And Clean Energy In China.(Renewable Energy Law 2006)
August 3, 2007... External investment in Chinese wind farm projects is limited. The focus for overseas debt and equity is now on those businesses supplying equipment including components and parts to the wind farm industry and on the emerging biomass market. ...

Change In Declaratory Judgment Standing In Patent Cases.(STMicroelectronics Inc. and SanDisk Corp. into patent infringement cases)(Case overview)
August 3, 2007... Originally published June 2007 Under pressure from the Supreme Court, the Federal Circuit recently changed the law governing declaratory judgment standing for patent infringement cases in Sandisk Corp. v. STMicroelectronics, Inc., - F.3d -...

Registration Of Trademarks: Important For Ascertining Jurisdcition.(Dharampal Premchand Ltd. and Golden Tobacco Co. into trademark, copyright infringement cases)(Case overview)
August 5, 2007... The procedural aspects of any suit are as important as the substantive side and amid that, to assert on the subject of the competent jurisdiction of the court has always been controversial. The instant judgment in the First Appeal from Order in...

Sophisticated User Doctrine Under N.Y. State Law.(Borden Chemicals and Plastics L.P. and Rickicki Rickicki into product liability case)(Case overview)
August 5, 2007... Originally published in New York Law Journal, , June, 2007 Manufacturers in products liability litigation have traditionally been held to a strict standard with respect to the duty to warn users of hazards associated with their products....

Behind The Headlines Of Da Vinci: Inspiration Or Infringement?(Baigent and The Random House Group Ltd. into copyright infringement case)(Case overview)
August 5, 2007... Originally published The In-House Lawyer, June, 2007 Publishers and authors may be breathing a collective sigh of relief following the recent confirmation by the Court of Appeal in Baigent and another v The Random House Group Ltd (the Da...

Mistaken Identity And Defamation: How To Reduce The Impact Of A Damages Claim.(defamation cases overviewed)
August 5, 2007... Originally published in The In-House Lawyer, Aprii 2007 Many publishers of fictional books assume that the classic phrase 'any similarities to actual persons, living or dead, or to any actual events, firms, institutions or other entities,...

Across The Board: Changes Are In The Works For Noncompete Agreements.
August 6, 2007... From coast to coast, changes are in progress in state laws governing the enforcement of noncompete agreements and the provisions therein. From Oregon, where the circumstances under which courts will enforce noncompete agreements are becoming...

Insolvency Update.(Hansmar Investments Pty Ltd. and Perpetual Trustee Co Ltd. into insolvency case)(Corporations Act 2001)(Case overview)
August 6, 2007... Contents Statutory Demands - What is a Debt? Ongoing Dispute Between Rivals - Dismissal of Winding Up Proceedings Statutory Demands - What is a Debt? Introduction In Hansmar Investments Pty Ltd v Perpetual Trustee Co Ltd...

Country Guide.
August 6, 2007... > Background The Bailiwick of Guernsey comprises three main islands: Guernsey, Alderney and Sark. Alderney and Sark are dependencies of Guernsey but have certain legislative powers of their own. The Bailiwick is not part of the...

Effective Cure To Infringements Of Intellectual Property Rights In Hong Kong: Interlocutory Injunction.
August 6, 2007... Introduction The Hong Kong Toys and Games Fair is the second largest toy fair in Asia. In 2007, it was held in early January at the Hong Kong Convention and Exhibition Centre with over hundreds of exhibitors participating. One of the...

Good News And Bad News For Corporate Managers Dealing With Insolvency Issues.
August 7, 2007... The good news: directors and officers of Delaware corporations are free from creditors' direct breach of fiduciary duty claims Directors and officers of Delaware corporations face no liability to corporate creditors from direct claims for...

The Past And Future Of The Spanish Electrical Market.
August 7, 2007... 1.- The process of liberalisation of the Spanish Electricity Sector In the middle of the fifties, the installed electrical power in Spain did not exceed four thousand MW and production was just fourteen-thousand GWh. Since then, the Spanish...

OFT Imposes Largest Ever Fine For Breaching Competition Law.
August 7, 2007... On 1 August 2007 the Office of Fair Trading (OFT) announced it has imposed a fine of [pounds sterling]121.5 million on British Airways (BA) for price fixing, contrary to UK competition law. BA has admitted colluding with Virgin Atlantic on the...

Mortgage Fraud Revisited.
August 7, 2007... Many professionals will recall the boom property market of the mid-to-late 1980s and the consequent aggressive lending policies of banks and building societies. They will also recall the lax lending policies and controls that were...

Twenty-Year-Old Festo Case Propelled To Its "Foreseeable" Conclusion.(Festo Corp. v. SMC Corp.)(Case overview)
August 7, 2007... In a case that has been twice to the U.S. Supreme Court and twice to the en banc Federal Circuit in its almost 20-year odyssey, a split panel of the U. S. Court of Appeals for the Federal Circuit has now held that since the accused structure...