Mondaq Business Briefing articles from December 2005

Mondaq Business Briefing archives from December 2005

Deferred Compensation - What to Do Now.
December 1, 2005... As you may know, a new law (Internal Revenue Code Section 409A) imposes significant new restrictions on deferred compensation. (Read our earlier article on the law here.) Failure to comply with the new rules could impose significant tax...

Alcohol Advertising Rules - Are You Up-To-Date?
December 1, 2005... OVERVIEW New rules regarding the advertising of alcohol in print media in the UK came into force on 1 October 2005. These rules replace entirely the previous rules related to alcohol advertising set out in the British Code of Advertising,...

EPA Property Acquisition Due Diligence Rule Prescribes Standards for Conducting "All Appropriate Inquiry".
December 1, 2005... The U.S. Environmental Protection Agency (EPA) this month published its final "All Appropriate Inquiry" (AAI) rule (70 Fed. Reg. 66070) which establishes environmental due diligence standards applicable to property acquisitions as well as to...

What to Do Now about New Deferred Compensation Rules.
December 1, 2005... Originally published November 18, 2005 A new law (Internal Revenue Code Section 409A), which became effective on January 1, 2005, significantly affects the tax benefits and flexibility of nonqualified deferred compensation arrangements...

Competition Tribunal Explores Exclusionary Acts.
December 1, 2005... A case of alleged abuse of dominance recently came before the Competition Tribunal. South African Airways (SAA) stood accused of abusing its dominant position in one market (the market for air tickets sold through travel agents for domestic...

Deloitte Weekly VAT news - Week ended 25 November 2005.
December 1, 2005... Retailers - merchant charges Following the announcement that Debenhams have been refused leave to take the merchant charges case to the House of Lords, we understand that HMRC will be writing to retailers who have implemented the merchant...

Cutting to the chase. What adoption of Turner's proposals could mean for you.
December 1, 2005... Introduction On 30 November 2005, Lord Turner published his eagerly awaited recommendations for pension policy in the UK. This paper offers our views on the possible impact on employers and their pension schemes. Turner's key...

Win, lose or draw. What the Turner report could mean for you.
December 1, 2005... Introduction On 30 November 2005 Lord Turner published his eagerly awaited recommendations for pension policy in the UK. This short paper offers our views on his recommendations for a National Pension Savings Scheme (NPSS) and the possible...

The Landscape Post-Lundgren.
December 1, 2005... In a landmark decision, Ex parte Lundgren, the Board of Patent Appeals and Interferences issued a precedential opinion eliminating the United States Patent and Trademark Office (USPTO) policy of rejecting patents under 35 U.S.C. s. 101 as...

No Need for Physical Differences to Stop Gray Market Imports.
December 1, 2005... Trademark owners have gained significant new rights in stopping gray market goods. In a case of first impression, the United States Court of Appeals for the Federal Circuit held last month that physical differences between genuine and gray...

Changes to Short Form Prospectus System: New National Instrument 44-101.
December 1, 2005... On October 21, 2005, the Canadian Securities Administrators decided to modify the qualification, disclosure and other requirements of the short form prospectus system and published new National Instrument 44-101 Short Form Prospectus...

A Brief Analysis of the Significance of the Supreme Court's Decision in Integra v. Merck.
December 1, 2005... The United States Supreme Court's June decision to reverse the Federal Circuit in Integra v. Merck KGaA (U.S. 2005) can be analyzed by examination of a table, which graphically analyzes the likely impact of Integra on a variety of common types...

Further Guidance on Cafeteria Plan "Grace Period" Coordination with HSAs.
December 1, 2005... Originally published November 30, 2005 In Notice 2005-86, the Internal Revenue Service provided further guidance regarding implementation of the 2 ' month grace period for cafeteria plan flexible spending accounts ("FSA") allowed by...

Pensions Commission Report published.
December 1, 2005... The Pensions Commission has now published its second report setting out its conclusions on the likely evolution of the UK pension system if policy is unchanged, and recommendations for change. Some of the key recommendations in the Report...

Ringing The Changes.
December 1, 2005... Canada's commissioner of competition has proposed a framework for deregulating local telephone exchange services in the country. On 27 September 2005, Canada's commissioner of competition, Ms Sheridan Scott, appeared before the Canadian...

Environmental Law Update - Supreme Court to Address the Scope of Clean Water Act Jurisdiction Over "Adjacent" Wetlands.
December 1, 2005... The United States Supreme Court granted certiorari last month in two Clean Water Act ("CWA") cases that could significantly affect the extent of federal jurisdiction over wetlands and other non-navigable waters. Rapanos v. United States, 376...

Employment Law Alert - California Court Allows Employer To Incorporate Expense Reimbursement Into Base Salary</P>.(Gattuso v. Harte-Hank Shoppers, Inc)
December 1, 2005... A California Court of Appeals held that an employer may satisfy the expense reimbursement requirements of Labor Code s. 2802 by increasing base salary or commissions by an amount that covers actual expenses incurred. In Gattuso v. Harte-Hank...

[pounds sterling]10 Million Derbyshire Homes Scheme Gets Under Way.(Lovell)
December 1, 2005... East Midlands-based affordable housing provider Lovell has just started work on a [pounds sterling]10 million housing scheme in partnership with East Midlands Housing Association in the Derbyshire village of Danesmoor, south of Chesterfield....

Omega Provides New Openings At Warburton's Super Bakery.(Omega Doors )
December 1, 2005... Omega Doors have supplied in excess of 100 steel hinged doors to Warburton's for their new "Super Bakery" in Wakefield meeting the standards set by the insurers, hygiene and building control. Warburtons have invested over [pounds sterling]60...

Tanks To Protect Plymouth Commuters.(Plymouth City Council is planning much better urban planning)
December 1, 2005... The A386 Tavistock Road Improvements (Park & Ride) Plymouth, potentially the first of several new Park & Ride schemes for the city, will be completed in December, providing commuters with one of the most advanced park & ride facilities in the...

Ricoh Arena - Provides Benchmark For Future Venues.(Solaglas Contracting Midlands contracts with Laing O'Rourke)(Brief article)
December 1, 2005... Solaglas Contracting Midlands have recently completed the prestigious project to glaze the West Midlands latest landmark - the Ricoh Arena, Coventry. The contract was awarded to the local branch by Laing O'Rourke. Covering approximately 70...

"Taking A Hard Line ".
December 1, 2005... Stirling Lloyd has launched an innovative range of line-marking systems under the Safetrack[R] LM brand, that are designed to offer the highest performance ratings of any system available in the UK today. The focus of the development was to...

Accessa Ltd Introduces The ScaffCap.
December 1, 2005... As a contribution to Incident and Injury Free working, Accessa Ltd has introduced the ScaffCap to the UK construction industry. This product has been highly successful in mainland Europe in reducing the number of scaffolding related incidents...

New Timber Product Sets Poles Apart.
December 1, 2005... A revolutionary new timber pole is set to challenge the domination of steel and concrete in the production of lamp posts and street furniture in the UK. Called Comwood, the pole is produced by Martinsons Tra, Sweden and is a hollow 12-sided...

Trent Starts Work At Park Central In Birmingham.(Trent Concrete )
December 1, 2005... Trent Concrete has started work on site with their first apartment buildings on the Park Central development in Birmingham City Centre. Four years into a ten-year redevelopment programme, Park Central is transforming 61 acres of inner city land...

Solaglas Completes Flagship At NG2.(Solaglas Midlands )(Brief Article)
December 1, 2005... Solaglas Midlands have just completed a contract to glaze building 3.1, the flagship office block at a brand new business park in Nottingham. The 38-acre former Royal Ordnance factory site will also include retail and leisure facilities, as...

Buying Online Just Got Easier For Builders.
December 1, 2005... New research has confirmed that builders want to join the online shopping age with all the advantages it brings. Now Buildsaver has launched a site to meet the wishes of builders across Britain with a host of features to ensure they get what...

Bob's Earthdome Wins An Award.(Bob Harris )
December 1, 2005... When Bob Harris wanted to create his now famous Earthdome in South West London he chose his suppliers very carefully. College lecturer Bob was building four environmentally friendly and allergy free flats as homes for individuals suffering...

Biotechnology/ Life Sciences/ Intellectual Property Frequently Asked Questions on United States.
December 1, 2005... What legislation governs the grant and protection of IP rights in relation to biotechnology/life sciences? Have there been any recent legislative developments? Federal statutes encoded under 35 United States Code govern the grant and...

Biotechnology/ Life Sciences/ Intellectual Property Frequently Asked Questions on Canada.(Patent Act of 1790)
December 1, 2005... What legislation governs the grant and protection of IP rights in relation to biotechnology/life sciences? Have there been any recent legislative developments? In the context of biotechnology/life sciences, the most important legislation...

'Public Interest' Grounds Considered in Anti-Competitive Merger.
December 2, 2005... The Competition Tribunal has recently considered the question of whether or not an anti-competitive merger can be saved on grounds that a firm is controlled by previously disadvantaged individuals, one of the 'public interest' grounds the...

Hedge Funds - a Cayman Islands Success Story.
December 2, 2005... Introduction The Cayman Islands have become the leading offshore jurisdiction in the funds industry and are currently home to more than 6,500 registered open-ended funds and many unregulated closed-ended or exempted funds. The majority of...

Investment Funds - Listing on the Cayman Islands Stock Exchange.
December 2, 2005... Introduction The Cayman Islands Stock Exchange (the "CSX") commenced operations in July 1997 and currently lists more than 700 issues with aggregate capitalisation in excess of US$50bn, including investment funds, specialist debt and...

Sue/Don't Sue - Some Key "Forgotten" Checklist Items.
December 2, 2005... Foley IP Litigation veteran Russell J. Barron has spent 31 years litigating a wide variety of patent infringement cases. That experience has shown him good steps and bad steps in the pre-suit process. Recently, Russ led a new study by the...

Enforcement of Tradedress as IP-A Case Study.
December 2, 2005... Intellectual Property in a trade dress is easy to enforce vis---vis trademark. Deceptive similarity in a trade dress is more palpable than that in the trademarks. Whereas a number of parameters come into play while deciding the question of...

The United States Patent Office Eliminates its Technological-Arts Rejection and Aligns its Examination Procedure with Existing Federal Law.
December 2, 2005... For the past several years, examiners at the U.S. Patent and Trademark Office have been rejecting business-method patent applications that do not require the use of a computer or other electronic device using a rejection referred to as the...

Changes to Canada's Short Form Prospectus System.
December 2, 2005... Canada's securities regulators have finalized changes to the short form prospectus system, which will be effective for short form prospectuses filed on or after December 30, 2005. The premarketing period has been extended, eligibility...

The Patented Medicine Prices Review Board has no Jurisdiction Over Patent Applications.
December 2, 2005... On November 17, 2005, the Federal Court of Canada released its decision in Hoechst Marion Roussel Canada Inc. v. Canada (Attorney General), clarifying issues about the jurisdiction of the Patented Medicine Prices Review Board (PMPRB), including...

The Sun Rises on .EU Domain Names.
December 2, 2005... Registrations of the new .EU domain names will start on 7 December 2005. To protect the interests of brand owners and companies there will be a "sunrise" period in which they will be allowed to apply for .EU domain names corresponding to their...

Energy Client Alert - December 1, 2005.
December 2, 2005... FERC Proposes Incentives To Invest In Transmission New transmission infrastructure can increase reliability and also reduce the costs of transmission congestion. To address the national problem of underinvestment in transmission, the Energy...

Home Computers for Employees - Tax Issues.
December 2, 2005... With computers proving indispensable in the work environment and having become such an integral part of modern life, it is common for employers to provide their employees with computer equipment to use at home where the relevant computer...

Public Private Partnerships - Family Improvement.
December 2, 2005... By Professor Doug Jones AM Key Point Recognising and debating the challenges with PPPs is a key feature to finding viable commercial solutions which enable the delivery of successful projects and value for money. Development of...

False Statements of Enablement Lead to Unenforceable Patent.
December 2, 2005... Affirming a finding of unenforceability due to inequitable conduct, the U.S. Court of Appeals for the Federal Circuit held that the wording of an example in the past tense, coupled with actual knowledge that the example did not work as...

Changes to the Sex Discrimination Act 1975.
December 2, 2005... On 1 October 2005, the Employment Equality (Sex Discrimination) Regulations 2005 made changes to the Sex Discrimination Act 1975. In summary those changes are: a new definition of indirect sex discrimination an express prohibition of...

Business Method Patents get Boost from an Unlikely Source-the U.S. Patent and Trademark Office.
December 2, 2005... The Board of Appeals and Interferences of the U.S. Patent and Trademark Office (the Board) established a new precedent essentially invalidating examiners' "technological arts" rejections. In re Lundgren BPAI Case Nos. 2003-2088 (Sept. 28, 2005)...

Secret Process Used for Development of Future Products not in Public Use.
December 2, 2005... Applying a two-pronged test for public use as a statutory bar to novelty, the U.S. Court of Appeals for the Federal Circuit held a biotechnology invention used within the company to develop products that were never sold was not subject to a...

Taxation Of Foreigners In South Africa.
December 2, 2005... It has always been a contentious issue as to the extent to which foreigners working in South Africa should be subject to tax in South Africa. In the absence of a double taxation agreement ("Treaty") which governs the payment to the foreigners,...

Nomination of arbitrators in multiparty disputes.
December 2, 2005... A recent judgment has brought encouraging news for those involved in resolving multiparty disputes in arbitration. It should now be easier to refer related disputes between multiple parties to the same arbitrator. In construction...

Environment calendar - December 2005.
December 2, 2005... The environment calendar highlights key dates for proposed and existing legislation and policy and closing dates for consultation papers relating to major environment issues in the EU and England. It will provide a useful tool for...

Italian Style In Emerald Isle.(James Latham supplies texluce panels to Jarose Woodworking Ltd )(Brief article)
December 2, 2005... James Latham supplied high quality Texluce panels to one of its loyal customers, Jarose Woodworking Ltd of Leeds, who used the product to manufacture a merchandising and display feature for a designer department store in Ireland. Latham's...

AET Launches New Slimline Fresh Air Module.(Advanced Ergonomic Technologies )
December 2, 2005... Advanced Ergonomic Technologies (AET) has introduced a new, Slimline version of its Fresh Air Module (FAM) unit, as an integral component of its Flexible Space Concept, featuring Hiross underfloor air-conditioning, raised access flooring and...

Birse Civils Wins [pounds sterling]3.4m M20 Junction 4 Improvement In Kent.(Brief Article)
December 2, 2005... Birse Civils has been awarded a [pounds sterling]3.4m contract by Kent County Council to undertake improvements to Junction 4 of the M20. The County Council is facilitating these improvements on behalf of Rouse Kent, Berkeley Homes and English...

New Board Brings A New Era.
December 2, 2005... IOSH's (the Institution of Occupational Safety and Health's) new Board of Trustees met for the first time last week to signifying a new era for the Institution ensuring it is better equipped to respond to the demands of the modern business...

Ooh La La! Tyco Celebrates Change As Cyclists Cross Channel For Children's Charity.
December 2, 2005... Two employees of Tyco Fire & Integrated Solutions have raised [pounds sterling]1,000 for Great Ormond Street Children's Hospital in a 210-mile sponsored cycle ride from London to Paris. Salesman, Andy Tubb, and Project Engineer, Ben Semple, who...

Rok Unveils First "Village" In Yorkshire.(after acquisition of Lemmeleg )
December 2, 2005... Rok has unveiled its first Yorkshire "village" following the acquisition of building firm Lemmeleg earlier this year. The company's blue, orange and magenta identity is well recognised in areas of the country where Rok is established, however,...

Outsourcing Frequently Asked Questions on United States.
December 2, 2005... What is outsourcing? Outsourcing is the services arrangement in which a company hires an unaffiliated company to provide services that were traditionally performed by the company's own internal staff. The types of functions that are...

Real Estate in the Cayman Islands.
December 5, 2005... Introduction The Cayman Islands has been a popular tourist, recreation and business destination for many years. Beautiful beaches, spectacular dive sites, high quality modern hotels and tropical weather combine to attract the tourists in...

Cayman Islands Investment Funds.
December 5, 2005... Introduction This article summarises the methods of establishing investment funds in the Cayman Islands and highlights the principal legal and regulatory considerations. It is not intended to deal exhaustively with all aspects of the...

NAIC Adopts Enhanced Disclosure and Attestation Requirements for Finite Reinsurance Contracts.
December 5, 2005... The National Association of Insurance Commissioners (NAIC) recently approved enhanced disclosure and attestation requirements obligating property and casualty (P&C) insurers to regularly disclose and attest to their use of nontraditional...

Ninth Circuit Broadly Interprets Insurer's Duties Under Fair Credit Reporting Act.
December 5, 2005... The U.S. Court of Appeals for the Ninth Circuit recently interpreted the federal Fair Credit Reporting Act (FCRA) as imposing much broader duties upon insurers than many in the industry previously understood, including applying adverse action...

Assignment of All Substantial Rights and Standing to Sue.
December 5, 2005... Addressing a party's standing to sue for patent infringement, the U.S. Court of Appeals for the Federal Circuit further clarified the relationship between an assignment of patent rights and the assignee's standing to sue for patent infringement...

Disparaging Something Doesn't Mean you Can't Claim it.(Callicrate v. Wadsworth Mfg., Inc)
December 5, 2005... The U.S. Court of Appeals for the Federal Circuit has held that a claim does not necessarily lack enablement just because the inventor described aspects of the claimed invention in only the background section of the patent and in a disparaging...

Update on IRS Exempt Organization Compensation Review.
December 5, 2005... In public comments made earlier this week, senior Internal Revenue Service (IRS) officials shared a series of significant observations arising from the IRS' current focus on exempt organization executive compensation arrangements. This focus...

Plain English Guide to Pensions Act 2004.
December 5, 2005... For the most part, the last two months have not seen many significant developments in relation to the Pensions Act 2004, although the Regulator has published further guidance on funding and cross-border schemes and various proposals have been...

Relaxation of Form 42 Requirements.
December 5, 2005... On 28 November 2005, the Chancellor of the Exchequer announced changes made to the reporting requirements of Employment-Related Securities on Form 42. When an employer issues shares to employees, the value of the issue may be subject to both...

Foreign Investment Policy Changes.
December 5, 2005... In pursuance of the country's liberalization policy, the GOI notified a hike in FDI in the telecom sector up to 74% from the earlier upper limit of 49%. A further decision to permit the transfer of shares in service companies from resident...

Compliance Alert: Spotlight Turns To Medicaid Fraud.
December 6, 2005... Summary Action: A recent federal report and proposed legislation demonstrate that the government is increasing its efforts to combat Medicaid fraud and abuse. Additional funding for enforcement agencies and a proposal to encourage states...

Recent Developments in Family Wealth Taxation.
December 6, 2005... Estate Tax-Repeal Likely Dead But Compromise Still Possible Current law provides for the repeal of the federal estate tax only for persons dying in 2010. Members of Congress have, for some time, been both negotiating and introducing...

Economic Update - Bloodied but unbowed. Roger Bootle's response to the Pre-Budget Report 2005.
December 6, 2005... Gordon Brown swapped his annual Santa Claus act for something closer to Robin Hood, taking from the rich oil companies to give to poorer families and pensioners. Sooner or later, however, he will have to play King John and raise taxes more...

Implications researched Pre-Budget Report and Research & Development tax credits.
December 6, 2005... In July this year HM Treasury and HM Revenue & Customs published a discussion document; 'Supporting growth in innovation: enhancing the R&D tax credit', which aimed to identify ways in which the tax credit could be simplified and improved with...

Deloitte Weekly VAT news - Pre budget report edition - 5 December 2005.(value-added tax)
December 6, 2005... Recovery of VAT on road fuel HMRC have announced a change to the rules for VAT recovery on road fuel. From 1 January 2006, businesses must hold a VAT invoice to support claims for VAT recovery, even if their claims are based on mileage...

New Guidelines For Bunkering Service Quality Introduced.
December 6, 2005... The latest amendments to MARPOL by the International Maritime Organization (IMO) were acknowledged to bring tremendous advancement with relation to sea voyage and pollution issues. Although India has not yet accepted the MARPOL guidelines, the...

Setting Up A Trust In Malta.
December 6, 2005... Malta has just amended the Trusts and Trustees Act (Chapter 331 of the Laws of Malta) to allow for the creation of trusts in Malta. This brief introduction to trusts in Malta relates to situations where the settlor and beneficiaries of the...

Automatic release of landlord is permitted.
December 6, 2005... This week the House of Lords confirmed that a release of a landlord's covenants contained in the lease itself is not in breach of the Landlord and Tenant (Covenants) Act 1995. In the landmark decision of London Diocesan Fund and others -v-...

Supreme Court Has Agreed to Hear a Highly Important Patent Case.
December 6, 2005... On November 28, 2005, the United States Supreme Court (Court) agreed to consider whether a permanent injunction should issue automatically once a patent is found to be valid and infringed. The case, eBay, Inc. v. MercExchange, LLC, signaled the...

DOJ and FTC to Hold Joint Hearings on Single-Firm Conduct.(Department of Justice's Antitrust Division )(Federal Trade Commission )
December 6, 2005... The Department of Justice's Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have announced that the agencies will host a series of hearings in spring 2006 devoted to developing a deeper understanding of the circumstances in...

Legend Requirements for Private Placements of Book-Entry Only Securities.
December 6, 2005... CDS Declines to Accept Legended Securities in the Book-Entry System With the coming into force of National Instrument 45-106 - Prospectus and Registration Exemptions (NI 45-106), the Canadian Securities Administrators (CSA) also adopted a...

Communications Law Bulletin -- November 2005.
December 6, 2005... November brought important developments on both regulatory and business fronts. Notably, the nomination of Deborah T. Tate to fill former Chairman Michael Powell's vacant seat on the Federal Communications Commission ("FCC" or "Commission")...

Fractional Ownership - A Rose Or A Thorn By Another Name?
December 6, 2005... A new buzz word has hit the property market. In an apparent endeavour to avoid the perceived stigma (which if it does exist, is not necessarily warranted) attaching to property share block and property syndication schemes, the property...

California "Junk Fax" Law Rejects "Established Business Relationship" Exception of Federal Law.
December 6, 2005... A new California "junk fax" law1 contains the prohibitions of the federal Telephone Consumer Protection Act of 1991 (TCPA)2 without providing a state-level exception for transmissions to individuals with whom the sender has an "established...

Exparte Interim Relief in Trademark Disputes- Judicial Approach.
December 6, 2005... Preface To ensure timely and effective enforcement of IPRs, Courts use a variety of tools like injunctions, search and seizure orders etc. These interim remedies play a vital role in ensuring prompt protection of IPRs of the owner....

Clean Air Act Title V Operating Permits - Recent Development.
December 6, 2005... On October 21, 2005, the United States Court of Appeals for the Second Circuit issued an opinion that could have far-reaching impacts on the Title V air permit program and the enforcement of clean air laws and regulations in general. The court...

China's New Foreign Exchange Control Rules Offer Improved Regulatory Transparency for Equity Financing Deals.
December 6, 2005... By Z. Alex Zhang and Patrick H. Hu SAFE-Circular 75 The State Administration of Foreign Exchange of China ("SAFE") has issued new rules, effective as of November 1, 2005, on foreign exchange registration concerning equity financing...

Increase in Cap on Foreign Direct Investment in India in the Telecom Sector.
December 6, 2005... The government of India has given the nod for raising the limit on Foreign Direct Investment in the Telecom Sector to 74 per cent from 49 per cent. Further, foreign equity in state-run banks' holding stakes in telecoms firms will not be...