Mondaq Business Briefing articles from December 2004

Mondaq Business Briefing archives from December 2004

Is Your Joint Venture a Sham in the Eyes of HUD? - As Seen Through the Real Estate Settlement Procedures Act.
December 1, 2004... By Tara K. Gorman (Washington, D.C.) Originally published November 22, 2004 Does creating a joint venture between a mortgage company and a title company (Joint Venture) violate the Real Estate Settlement Procedures Act of 1974 (RESPA)?...

Making the Slope and Grade - the Department of Justice's Aggressive New Posture on Accessible Design.
December 1, 2004... By Christopher B. Hanback (Washington, D.C.) Originally published November 22, 2004 The U.S. Department of Justice is aggressively pursuing extreme interpretations of accessibility design requirements in investigations of, and...

IRS Proposes Regulations on Phased Retirement Under a Pension Plan.(Internal Revenue Service)
December 1, 2004... Originally published November 19, 2004 On November 10, 2004, the Internal Revenue Service published proposed regulations for phased retirement. The proposed regulations would permit certain distributions to be made from a defined benefit or...

Who Wants to be a Director in Hong Kong?(Directors' and officers' liability insurance)
December 1, 2004... Background At the same time as corporate governance reforms are requiring more independent non-executive directors to be appointed, there is a growing recognition that the companies who appoint them, their shareholders, the authorities and...

The Ordinary Meaning Trumped by Inferences Drawn From Intrinsic Evidence.
December 1, 2004... In affirming a summary judgment of non-infringement based on a narrow claim construction, the U.S. Court of Appeals for the Federal Circuit has confirmed dictionary definitions are not preemptive of the intrinsic evidence, and courts are not...

Federal Circuit Signals Intent to Crack Down on Violation of Circuit Procedural Rules.
December 1, 2004... The U.S. Court of Appeals for the Federal Circuit has sent a stern warning to attorneys practicing before it. In Re Violation Of Rule 28(c), Miscellaneous No. 774 (Fed. Cir. Nov. 8, 2004) (per curiam). In a case pending before it, a...

Employment Law Commentary, November 2004 - California Supreme Court Embraces Wage/Hour Class Actions.
December 1, 2004... In August, the California Supreme Court decided a much anticipated case expected to clarify the requirements for certifying wage and hour class actions. Its decision in Sav-On Drug Stores, Inc. v. Sup. Ct., 34 Cal. 4th 319 (2004), initially...

OTS Rules Thrift Op Subs May Underwrite ABS.(asset-backed securities )
December 1, 2004... The OTS issued an interpretive letter ("P-2004-5") holding that thrifts may establish an operating subsidiary to own, sell and underwrite asset-backed securities ("ABS"). The thrift had conducted such ABS underwriting activities through a...

Employment Law Commentary, November 2004 - A New Day in the California Legislature: Governor Schwarzenegger Vetoes Most Labor Bills.
December 1, 2004... Unlike his predecessor, Governor Schwarzenegger vetoed about 80% of the significant labor and employment law bills sent to him for signature. The key proposed labor and employment vetoed by the Governor included legislation bills designed to...

The Pensions Act 2004: Issues for Pension Schemes.
December 1, 2004... The Pensions Act 2004 (the "Act") received Royal Assent on 19 November 2004. This Act will make a large number of changes in relation to pension schemes. As well as the creation of the new Pensions Regulator (the "Regulator") with wider powers...

Does Your Privacy Policy Comply with the California Online Privacy Protection Act?
December 1, 2004... California's Online Privacy Protection Act requires commercial websites or online services to post an online privacy policy if they collect any "personal information" from California residents over the Internet. 1 Although the Act took effect...

Internal Revenue Service's Exempt Organizations Division Will Increase Focus On Enforcement For Fiscal Year 2005.
December 1, 2004... In a letter to exempt organizations and tax practitioners, the IRS' Exempt Organizations Division recently announced that in fiscal year 2005 it plans to increase its focus on "exempt organizations to stem the growing tide of abuses within the...

Towards a European Strategy for Nanotechnology.
December 1, 2004... Originally published October 2004 INTRODUCTION Europe has set itself the goal of becoming the leading knowledge-based economy within this decade. One of the means to achieve this aim is a concerted investment in nanotechnology....

MMA Changes to Medicare Reassignment Rules.(Medicare Modernization Act )
December 1, 2004... The Social Security Act generally prohibits payment for Medicare Part B services being made to anyone other than the beneficiary, or the physician or other person who provided the service to the beneficiary (i.e., the beneficiary's assignee)....

Medical Spa Ventures: A Healthy Proposition.
December 1, 2004... Medical spas can be a healthy proposition for entities looking to generate revenue through ventures with physician partners. "Medical spa services" are loosely defined as those less complicated, mainly cosmetic medical procedures that must be...

Labor Negotiations in the Face of Rising Employee Health Care Benefits Costs.
December 1, 2004... Employee health care benefits is an issue increasingly at the forefront of labor contract negotiations. As the yearly cost of providing health care coverage to workers continues to expand by double digits, employers have sought to shift part of...

European Commission launches Environment and Health Action Plan 2004-2010.
December 1, 2004... INTRODUCTION On 9 June 2004 the European Commission launched the European Environment and Health Action Plan 2004-2010 (the "Action Plan"), an initiative to address health problems related to pollution in the environment. The Action Plan...

What is a Medicare Administrative Resolution to a Provider Reimbursement Review Board Appeal Worth? In Certain Cases, Apparently Not Much.
December 1, 2004... In the case of Michael Reese Hospital v. Tommy Thompson, No. 03 C 6034 (N.D. Ill. 2004), District Court Judge James B. Zagel dismissed an action filed by Michael Reese Hospital (the "Hospital") to enforce an Administrative Resolution (the "AR")...

Identifying and Dealing With Troubled Suppliers.
December 1, 2004... THE PLAYERS Troubled Supplier A troubled supplier - generally smaller Tier 1 or any Tier 2 - in the automotive industry very often has relatively few customers and is at risk of losing its business if it cannot meet production...

Ontario's New Health Premium: Robbing Peter to Pay Dalton?(Premier Dalton McGuinty)
December 1, 2004... The Ontario Health Premium ("Health Premium"), introduced this past summer by Premier Dalton McGuinty's government, continues to cause a stir among unionized employers. Many unions argue that left-over references in collective agreements to an...

"Fair Basis": More Basic Than Fair?(Patents Act 1990 of Australia)
December 1, 2004... By Deborah Polites, Senior Associate, and Wayne Condon, Partner (Melbourne) Lockwood Security Products Pty Ltd v Doric Products Pty Ltd [2004] HCA 58 (18 November 2004) The Australian High Court has reconsidered the test for...

Industrial Property Correspondents- A High Relevance Matter.
December 1, 2004... The structure and organization of Industrial Property systems worldwide compel applicants wishing to protect their innovations through an industrial property figure in another country different from the one of its residence, to select an...

Due Diligence in Acquisitions: Focus on Product Distribution Issues.
December 2, 2004... Introduction All too frequently, the combination of business entities is completed without the proper examination of the feasibility of combining or eliminating overlapping channels of distribution. For example, if a supplier acquires the...

Point of Novelty Testimony not Required for Design Patent Infringement.(Bernhardt L.L.C.)
December 2, 2004... The U.S. Court of Appeals for the Federal Circuit reversed the district court's finding of invalidity and non-infringement with respect to the plaintiff's design patents, holding a design patent plaintiff is not required to offer testimony in...

Failure to Comply With Government Invention Reporting Requirements Leads to Forfeiture.
December 2, 2004... Article by Kelli Watson and Kori Anne Bagrowski Addressing the issue of government contractor's obligation to disclose a subject invention, the U.S. Court of Appeals for the Federal Circuit, in a case of first impression, affirmed a...

Employee Pension Rights Upon the Transfer of a Business.
December 2, 2004... Two recent decisions by the European Court of Justice, and new legislation in the form of the Pensions Act 2004, are likely to have a significant effect on the transfer of employee rights upon an asset sale. As a consequence, purchasing...

The ICC's New Dispute Board Rules.(International Chamber of Commerce)
December 2, 2004... In recent years, the inventory of alternative dispute resolution ("ADR") techniques has been enriched by the use of dispute review (or adjudication) boards. The International Chamber of Commerce ("ICC") in Paris has now issued its new Dispute...

Communications Law Bulletin- November 2004.(Federal Communications Commission's Telecommunications regulations)
December 2, 2004... Special Report: Impact of the Election on Telecommunications Policy A broad deregulatory agenda is expected to continue at the Federal Communications Commission ("FCC" or "Commission") and in Congress as Republicans retain control of the...

How to Stay Canadian Proceedings When You Have a Claim in the United States.
December 2, 2004... You may be able to stay a Canadian action where an action is pending or commenced in the United States between the same parties in respect of the same subject matter. Canadian courts will consider all relevant factors, with emphasis on the...

Federal Not-For-Profit Corporations Face Radical Change.
December 2, 2004... On November 15, 2004, the Minister of Industry introduced legislation to radically overhaul the regulation of and governance rules affecting federally incorporated not-for-profit corporations. When passed into law, Bill C-21, the proposed new...

Changing the Terms of a Pension Scheme.
December 3, 2004... As winding up a pension scheme has become such an expensive option, more and more companies are considering changing the terms of the scheme and the benefits they provide in order to reduce pension scheme liabilities. However, many issues arise...

Threats Aimed at Impeding Another's Commercial Activity Create a Justiciable Controversy.(Dioptics Medical Products, Inc.)
December 3, 2004... The U.S. Court of Appeals for the Federal Circuit held the district court clearly erred in its decision to dismiss an action seeking declaratory judgment. The Federal Circuit reasoned the dispute had the requisite immediacy and reality, and the...

Registration of "foradodge.com" Violates ACPA.
December 3, 2004... Addressing the applicability of the Anti-Cybersquatting Consumer Protection Act (ACPA) to a domain name incorporating the famous trademark DODGE, the U.S. Court of Appeals for the Sixth Circuit recently affirmed a lower court's granting of...

The House of Lords Restrict Occupiers Liability for Accidents: Tomlinson v. Congleton Borough Council and Others (2004).
December 3, 2004... In one of the most important decisions in the area of occupiers liability in the last decade the House of Lords, the United KingdomEs supreme tribunal, has made a landmark decision limiting the liability of occupiers: The case arose out of a...

Thomson Financial Names Sidley Austin Brown & Wood LLP Top Issuer Counsel for First Three Quarters of 2004.
December 3, 2004... Sidley also ranked as number one issuer advisor in U.S. investment grade corporate debt activity. New York, November 18, 2004 " Sidley Austin Brown & Wood LLP was named the top issuer counsel for the first nine months of 2004 by Thomson...

Patent Issues Relating to Acquisitions: Conducting Intellectual Property Due Diligence.
December 3, 2004... Article by Pavan K. Agarwal Partner and Leader, Electronics Practice Group and Steve Maebius1 Partner and Leader, Nanotechnology Industry Team. Introduction Thorough and comprehensive Intellectual Property (IP) due diligence...

SEC Postpones Filing Date for Internal Control Reports for Smaller Accelerated Filers.
December 6, 2004... By Rodney H. Bell (Miami), James M. Lurie (New York) and Steven Sonberg (Miami) Originally published December 1, 2004 The Securities and Exchange Commission (SEC) yesterday issued an exemptive order1 granting certain accelerated...

Implication of new Definition of Dependent for Employer-Sponsored Plans.
December 6, 2004... Effective January 1, 2005, the Working Families Tax Relief Act of 2004 amends the Code Section 152 definition of "dependent" to provide a uniform definition of "qualifying child" for various provisions under the Internal Revenue Code. While the...

Favorable Guidance for Water's-Edge Taxpayers in California.
December 6, 2004... On October 20, 2004, the California Supreme Court denied petitions for review and depublication in Fujitsu IT Holdings, Inc. v. Franchise Tax Board (2004 Cal. LEXIS 10228, 2004 D.A.R. 12885 (Cal. Oct. 20, 2004)). (Until reaching the California...

Engineering Drawings Exclusion Claim From Ohio Property Tax Fails.
December 6, 2004... For decades, Ohio's personal property tax code has excluded the cost of engineering drawings from the tax base of machinery and equipment. The exclusion works because the definition of taxable "personal property" eliminates ". . . drawings that...

Unclaimed Property Law Compliance - a Company Cannot Avoid Unclaimed Property Law by Creating a Private Escheat.
December 6, 2004... Unclaimed property law compliance can be challenging for even the most savvy company. All fifty states and the District of Columbia have unclaimed property laws which require any company holding property owed to another ("Holder") to report and...

The New Chinese Franchise Regulation: Worth the Wait?
December 6, 2004... Originally published December 3, 2004 Introduction We have been waiting for three years for the Chinese Government to issue new regulations on franchising. We knew they were inevitable, in light of the manifest inadequacy of the only...

Piper Rudnick And DLA Combine To Create A Global Legal Services Organization Merged Firm to Have 2,700 Lawyers in 49 Offices in 18 Countries.
December 6, 2004... London, Chicago, Baltimore - December 6, 2004 -- Piper Rudnick LLP, one of the United States' leading law firms, and DLA, which has extensive coverage across Europe and Asia and is ranked 7th in the UK, today announced an international merger...

Three Highlights of American Jobs Creation Act of 2004.
December 6, 2004... By William Joseph, Russell Love, Patricia Tate, Jim Talerico (Atlanta) and Dudley Lang (Los Angeles) Originally published November 9, 2004 H.R. 4520, the American Jobs Creation Act of 2004, was signed into law by President Bush on...

Competition Act Amendments: One Step Closer to Reality with Bill C-19.
December 6, 2004... By: Kevin Rushton Editor: Susan Hutton On November 2, 2004, by tabling Bill C-19, the Canadian government took the first step toward implementing some of the long-debated amendments to Canada's Competition Act (the Act). If Bill C-19...

CSA Adopts Income Trust Policy.(Canadian Securities Administrators)
December 6, 2004... In our Client Update dated October 30, 2003, we outlined the key elements of then proposed National Policy 41-201 - Income Trusts and Other Indirect Offerings (the "Draft Policy"). The Policy has now been adopted in final form (the "Final...

The German System of Classification of Preparations Containing Vitamins as Medicinal Products on the Grounds of Public Health is Not Compatible With EC Law on the Free Movement of Goods*.
December 7, 2004... Originally published October 2004 The European Court of Justice (the Court) has declared that by automatically classifying as medicinal products vitamin preparations lawfully manufactured or marketed as food supplements in other Member...

Doing Business In Indonesia - The Road to Reform: Achievements to Date, Challenges Ahead.
December 7, 2004... The impact of the regional monetary crisis in 1997-1998 included a high inflation rate, devaluation of the Indonesian rupiah, a fall in foreign investment, capital flight and a high unemployment rate. All this in turn created political as well...

Application Of Treaty Benefits To Partnerships.
December 7, 2004... Article by Bill Maclagan, Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Cross-Border Taxation - November 2004 In Canada, dividends, interest, royalties and certain other payments paid to...

ROI: Proving the Value of Intellectual Asset Management.
December 7, 2004... Originally published March 2004 Introduction The Growing Importance of Intellectual Assets Today more than ever companies are actively seeking approaches to convert the "intangible" value of their intellectual assets into revenue,...

SEC Grants Extension For Filing Section 404 Internal Control Reports And Attestations.(Securities and Exchange Commission)
December 7, 2004... Article by Michael Delaney, Gabriel Dumitrescu, Richard Green, Suzanne Roberts, Eliot Robinson and William Speer On November 30, 2004, the U.S. Securities and Exchange Commission (the "SEC") issued an exemptive order1 to grant certain...

Immigration Client Alert - H-1B And L-1 Visa Reform.
December 7, 2004... Two new immigration laws affecting the L-1 and H-1B visa categories were recently passed by Congress. The House of Representatives is expected to pass a final technical amendment to the legislation on December 6, 2004, before sending the bill...

Proposed Section 403(b) Regulations.(Retirement benefits)
December 7, 2004... Originally Published November 15, 2004 The Treasury Department issued today proposed regulations under Code section 403(b). That section generally makes provision for retirement savings through annuity contracts and mutual fund custodial...

Cross-Border Securities Lending - Still Problematic.
December 7, 2004... Article by Chris Van Loan, Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Cross-Border Taxation - November 2004 The ability to borrow and lend securities without significant tax consequences is...

The Case of Matthew Raveneau.(suicidal case)
December 7, 2004... Matthew Raveneau took his own life on the 26th or 27th November 2002, four days after being released on bail from Belmarsh Prison. The deceased's mental health had deteriorated during 2002 and in October 2002 he held his children hostage in...

When Does Comparative Advertising Pass the Smell Test?(Trade Practices Act 1974 of Australia)
December 7, 2004... Key Point Businesses wanting to promote their products by way of comparison with those of their trade rivals need to take particular care. This was reinforced by the recent Federal Court decision in Reckitt Benckiser (Australia) Pty Ltd v...

Nothing to Hide: Disclosures Against Warranties.(disclosure laws)
December 7, 2004... Key Point Warranty disclosure is a balancing act, and courts are not backward in finding faults in the way information has been disclosed. "But you found the notice, didn't you?" "Yes," said Arthur, "yes I did. It was on display in...

EPA Proposes to Extend Regulation of Cooling Water Intake Structures to Manufacturing Sector.
December 8, 2004... Originally published November 2004 Earlier this month, the United States Environmental Protection Agency ("EPA") issued its third installment in a three-phase effort to regulate cooling water intake structures ("CWIS") under s. 316(b) of...

OTS Issues Bulletin Amending Board Oversight Guidance.(Office of Traffic Safety)
December 8, 2004... The OTS issued a Regulatory Bulletin ("Bulletin 37-5") amending its examination guidance on the oversight duties of a thrift's Board of Directors. Bulletin 37-5 provides a new general description of the duties of the Board, listing, among other...

Caveat Emptor or "Let The Buyer Beware" Applying Diligent Investor Principles to Trademark and Copyright Issues in Mergers and Acquisitions.
December 8, 2004... Article by Miriam Claire Beezy* Partner and National Chair, Trademark & Copyright Practice Group Co-Chair, Entertainment & Media Industry Team * Former chief trademark counsel of The Walt Disney Company Introduction A fundamental...

Immigration Checks on Staff.
December 8, 2004... Have you checked the Immigration status of your staff? If not, your business - and you personally - could be prosecuted and fined up to [pounds sterling]5,000 per illegal employee, even if you had no idea they were not allowed to work here....

Federal Financial Institutions Examination Council Issues Guidance for Managing Open Source Risks.
December 8, 2004... The acceptance and use of Open Source software continues to increase at a rapid pace. Its use in the financial services industry is no exception. Open Source software provides numerous benefits, but poses some risks as well. The Federal...

Corporate Governance Disclosure: A National Approach ... Finally.
December 8, 2004... Earlier this year, two separate (and competing) proposals aimed at regulating corporate governance disclosure were issued a few months apart by two different groups of securities regulators in Canada ― one by the OSC along with certain...

Gross v. Net....The Debate Continues in California And Arizona; California - GM Revisited.
December 8, 2004... On October 13, 2004, the California Supreme Court granted review of General Motors Corp. v. Franchise Tax Bd., 120 Cal.App.4th 881E, as modified (Jul 06, 2004). Under the Cal.Rules of Court, Rule 976, Rule 977, and Rule 979, the Court of...

Illinois Appellate Court Rules That Section 338(H)(10) Gain is Non-Business Income.
December 8, 2004... The Illinois Appellate Court, in American States Insurance Co., et al. v. Illinois Department of Revenue (No. 1-03-1646, August 27, 2004), 2004 Ill. App. LEXIS 995, affirming the decision of the circuit court, has ruled that a corporation's...

Court of Appeal to Consider Whether a U.S. Court-Approved Class Action Settlement Binds Canadians.
December 8, 2004... Decisions of the Supreme Court of Canada in recent years have affirmed that Canadian courts should recognize foreign judgments in appropriate circumstances. Two companion decisions of the Ontario Superior Court of Justice released earlier this...

Securities Offering Reform: Communications Proposal.
December 8, 2004... On November 3, 2004, the Securities and Exchange Commission proposed new rules (http://www.sec.gov/rules/proposed/33-8501.pdf) that would significantly modify and advance the registration, communications and offering framework of the Securities...

Securities Offering Reform: A Takeoff From The Aircraft Carrier.
December 8, 2004... On November 3, 2004, the Securities and Exchange Commission proposed new rules (http://www.sec.gov/rules/proposed/33-8501.pdf) that would significantly modify and advance the registration, communications and offering framework of the Securities...

New Legal Alliance for Africa.
December 8, 2004... 8 December 2004 -Any investor doing cross-border business in Africa knows that finding legal services that are of a global standard and charged at locally competitive rates is often difficult. Recognising this, Deneys Reitz, one of South...

Securities Offering Reform: Prospectus Delivery Proposal.
December 9, 2004... On November 3, 2004, the Securities and Exchange Commission proposed new rules (http://www.sec.gov/rules/proposed/33-8501.pdf) that would significantly modify and advance the registration, communications and offering framework of the Securities...

Securities Offering Reform: Shelf Registration Proposal.
December 9, 2004... On November 3, 2004, the Securities and Exchange Commission proposed new rules (http://www.sec.gov/rules/proposed/33-8501.pdf) that would significantly modify and advance the registration, communications and offering framework of the Securities...

Article 2 Applies Even Though Death Occured After Release From Prison.
December 9, 2004... The Case of Matthew Raveneau Matthew Raveneau took his own life on the 26th or 27th November 2002, four days after being released on bail from Belmarsh Prison. The deceased's mental health had deteriorated during 2002 and in October...

Shelley Should Face Recall, But Not Yet Resignation.(Secretary of State Kevin Shelley )
December 9, 2004... California's Secretary of State Kevin Shelley is in hot water. The California Republican Assembly and at least one major newspaper have called on him to resign over several scandals that involve the use of government funds to promote Shelley's...

New York Decision On Intentional Interference Has Broad Implications For Franchising Networks.
December 9, 2004... Introduction This October, the New York Court of Appeals, the state's highest court, handed down a decision that will have broad implications for franchising nationwide. In Carvel Corp. v. Noonan, the Court of Appeals held that in order to...

Recent Trends and Changes in Merger and Acquisition Activities.
December 9, 2004... Sarbanes-Oxley Act In 2002, the United States adopted the Sarbanes-Oxley Act in response to the thenrecent scandals involving Enron, Arthur Andersen, Global Crossing, Tyco, WorldCom, Adelphia, and others. The Sarbanes-Oxley Act is very...

Second Annual Report Provides New Data On Law Firm Media Performance.
December 9, 2004... Originally posted Thursday, December 9, 2004 How Vinson & Elkins Decreased Negative Coverage of Its Enron Representation Jones Day Leads the Pack in the Use of Media as a Marketing Tool The second annual edition of PR's Return on...

New York Advisory Opinion Finds That Ohio Company's Local Telephone Listing and Independent Repair Centers in New York do not Create Franchise Tax Obligations.
December 9, 2004... In a recent advisory opinion, the New York State Department of Taxation and Finance found that an Ohio corporation was not "doing business" in New York and, therefore, was not subject to New York's franchise tax, even though one of the...

The 'Hybrid' Approach: A Review of The NYSE's Market Structure Proposal.(New York Stock Exchange Inc.)
December 9, 2004... Earlier this year, the New York Stock Exchange submitted a rule filing to the Securities and Exchange Commission proposing rules and rule changes that are intended to establish a "hybrid" market structure that blends the exchange's automatic...

Investment Adviser Held Liable for Negligence in Relation to Investment Losses.
December 9, 2004... Background A recent decision by the High Court in Hong Kong could have a significant impact on independent financial advisers ("IFAs") who may have previously believed they were safe from being held responsible for losses due to market...

REIT, American Job Creation Act 2004 and the U.S/Australia Double Tax Agreement.
December 10, 2004... This brief review will look at the changes introduced by the recently enacted American Job Creation Act 2004 and the treatment of distribution of capital gains made to Australian investors by Real Estate Investments Trusts ("REITs") based in...

Are Canadian Banks fit to Be Tied?
December 10, 2004... Article by Carolyn N. Naiman1 and Jason Brooks2 Published in Canadian Competition Record, Fall 2004. Introduction In both Canada and the United States it is common for banks3 to provide customers with incentives to purchase...

Corporations That Licensed Intellectual Property to Restaurants Deemed Subject to North Carolina Income and Franchise Tax.
December 10, 2004... In a decision that proves North Carolina can tax both the cake and the recipe, the Secretary of the North Carolina Department of Revenue (the "Secretary") found that two nondomiciliary corporations ("Taxpayer 1" and "Taxpayer 2") that licensed...

AT&T v. Allen: Oklahoma Decision More Than "O.K." For Class Action Attorneys, But Bad For Business And States.
December 10, 2004... In AT&T Corp. v. Allen,1 the Oklahoma Court of Civil Appeals granted nation-wide class certification in an unusual case that brought together the Multistate Tax Commission ("MTC") and the Counsel On State Taxation ("COST"), which are usually on...

The Deification of Franchising: A Bit of a Stretch.
December 10, 2004... At this year's very successful International Franchise Association annual convention, we were bombarded with a plethora of laudatory statements about franchising. We were told that franchising accounts for more than 40% of retail sales in the...