Mondaq Business Briefing articles from February 2002

Mondaq Business Briefing archives from February 2002

Korean Supreme Court Reverses its 1985 Chevron Decision on Improvement Invention.(Case overview)
February 1, 2002... In its unanimous decision rendered on August 12, 2001, the Korean Supreme Court reversed the infamous “Chevron” case decided in 1985. Specifically, in Nissan Kagaku Kogyo Kabushiki Kaisha v. LG Chemicals Co., Ltd. (Supreme Court...

Leveraging SBA's HUBZone Program To Enter The Government Contracts Marketplace.(Historically Underutilized Business Zone Empowerment Contracting Program)(Statistical Data Included)
February 1, 2002... Empowerment Contracting Program Summary Qualification Requirements Size = Small U.S. Citizens Only Location, Location, Location Staffing Operational Issues Procurement Advantage Subcontracting Approval...

Did Aviation Authorities Realize September 11th Effects?(Ecuador)(Brief Article)
February 4, 2002... After September 11th, among others, the aviation industry had to find ways to redefine its operations. If the client is the concept to push up every business, any situation affecting the clients' preferences will affect the industry involved....

NAPP Pharmaceutical: OFT Decision Confirmed but Fine Reduced.(Office of Fair Trading)
February 5, 2002... In a landmark judgment delivered on 15 January 2002, the Competition Commission Appeal Tribunal ("the Tribunal") upheld a decision by the Director General of Fair Trading (DGFT) that Napp Pharmaceutical Holdings Ltd, a Cambridge-based company,...

Aggregation of Losses: Pensions Mis-Selling Lloyds TSB v Lloyds Bank Group Insurance Co Court of Apeal, 8 November 2001.
February 5, 2002... Background Lloyds TSB and other companies were involved in providing personal pension plans to the public, including those opting out of occupational schemes. They faced claims from thousands of investors, who alleged that the companies'...

Employing Temp Agencies: The Hidden Risk.(Brief Article)
February 5, 2002... Co-written by Calvin W. Blackburn, III, Esq. Ever consider employing temp agencies to supply persons needed for business? More than 90% of American businesses report using temporary employment agencies in some capacity. The conventional...

US Supreme Court Strikes Blow at the Disabled.(Toyota Motor Manufacturing v. Ella Williams)
February 5, 2002... Originally published in Sirote & Permutt's Employment & Labor Law Bulletin January 2002 The United States Supreme Court reviewed the meaning of the term "disability" under the ADA. In Toyota Motor Manufacturing v. Ella Williams, 2002 U.S....

Globalization of Human Resources in Times of Economic Uncertainty and Political Turmoil.
February 5, 2002... A. INTRODUCTION As communication technologies and trade become increasingly international and as expatriate employment becomes more common, more companies recognize the need to become "global" and are re-engineering their entire business...

Contracting for Energy Management Outsourcing.
February 5, 2002... Energy management outsourcing ("EMO") means turning over responsibility for some or all of a company's energy management function to a supplier. In a complete EMO transaction, the supplier might: Conduct energy audits and identify...

IT Contracting with the Financially Challenged Survivors of the New Economy.
February 5, 2002... It is difficult, even now, for prospective customers not to be sorely tempted by the revolutionary products, innovative services and attractive pricing of the new economy providers. However, in the wake of the recent economic downturn, many...

Launch of New European Legal Alliance with a Presence in 12 European Cities.(Brief Article)
February 5, 2002... Five leading commercial law firms are launching the European Legal Alliance. It will give the firms a full presence in London, seven German cities (Berlin, Dusseldorf, Essen, Frankfurt, Hamburg, Leipzig and Munich), Paris, Dublin, Glasgow and...

New Deputy Director Joins Tilleke & Gibbins International Ltd.(Edward J. Kelly)(Brief Article)
February 5, 2002... Edward J. Kelly, has recently joined Tilleke & Gibbins International Ltd., the oldest and one of the largest independent law firms in Thailand, as Deputy Director of the Intellectual Property Division, with primary responsibilities in the area...

Tilleke & Gibbins International Ltd Receive Nominations in the International Who.(International Who's Who Legal Series)(Brief Article)
February 5, 2002... Ms. Piyanuj (Lui) Ratprasatporn, Head of the Corporate Department of Tilleke & Gibbins International Ltd., the oldest and one of the largest independent law firms in Thailand, with offices in Cambodia and Vietnam, has been nominated among the...

Tilleke & Gibbins Hosts Party For Clients, Friends and Government Officials in Thailand.(law firm Tilleke and Gibbins International Ltd.)(Brief Article)
February 5, 2002... Tilleke & Gibbins has recently hosted a party for clients, friends, and government officials in Bangkok on November 1, 2001. The party, called "Loy Krathong Connection Night", was intended to give clients of Tilleke & Gibbins an opportunity to...

Anton Piller Order, Class Actions and Injunctions in Nigeria.
February 7, 2002... Introduction Most acts of infringement of intellectual property right only become known to the owner of the right when the product or the tangible expression of the infringement is made available to the public. Thus the retail trader...

Going Public: A Unique Perspective.
February 7, 2002... Introduction: What's the Better Deal? A Modern Fable In 2002, your private company grosses $1 million. Your Fairy Godmother will give your company $10 million. You won't have to repay the money. You'll keep 100% equity in your company....

Globalization & International Employment: The Application of United States Employment - Discrimination Laws to International Firms.
February 8, 2002... Originally Published on November 15, 2001 Even before September 11th, globalization was on everyone's minds and lips. While reasonable people can differ about the merits of globalization, nobody disputes that in the modern global...

How to Deal With an Insolvent IT Supplier.(what to do when a software supplier goes /bankrupt)
February 8, 2002... As the slump in the technology market continues and the recession begins to affect some of the major players within the software market, companies need to start asking what will be the impact on their business if their software supplier goes...

Use it or Lose it - Effective Trade Mark Registration Management.
February 8, 2002... A trade mark registration is a powerful legal weapon. To conjure up a nautical analogy it is the aircraft carrier of Intellectual Property Rights. The proprietor of a registered trade mark has exclusive rights in the trade mark which are...

Maternity, Paternity & Parental Rights.
February 12, 2002... Originally published in January 2002The Employment Bill published on 7 November 2001 incorporates wide ranging provisions to improve the position of parents in the workplace. The bill follows a review of maternity and parental rights in the...

All for One or One for All?
February 12, 2002... Originally published in January 2002We are all familiar with the idea of "our expert". We instruct an expert to advise, we discuss his views - often in conference - and, if he supports our case, we serve his report on the other side. That...

The Courts & Lease Renewals.(occupation by a commercial third party of part of a hospital)
February 12, 2002... The use or occupation by a commercial third party of part of a hospital could well give the third party the right to renew its occupancy at the contractual end of the agreement allowing the occupation because a Tenant of business premises has...

The Future of Project Financing in Germany.
February 12, 2002... I. Starting point Germany with regard to project financing is very much like a developing country. This form of the assessment of large-scale projects on the basis of future profit potentials of the investment to be financed is from a...

LOM Weekly Perspectives.
February 12, 2002... Where is the U.S. Economy Heading? The huge inventory sell-off last year has raise hopes for a decent pickup in U.S. economic activity in the first half of this year. There is a lot of sense in this viewpoint because the scale of the...

Coudert Freres Strengthens its Tax Department.(ands Jacques Messeca and Olivier Goldstein)(Brief Article)
February 12, 2002... Jacques Messeca, after having spent ten years at Arthur Andersen International, is taking charge of the tax department at Coudert Freres. A specialist in mergers and acquisitions and fiscal reorganizations, both French and international,...

Financial Services Alert.
February 13, 2002... Developments of Note NASD Proposes Governing Research Analyst Recommendations The NASD proposed a new rule governing securities recommendations by research analysts (NASD Conduct Rule 2711 - Research Analysts and Research Reports) (the...

Court of Appeal Stress Ruling.
February 13, 2002... Last week, in the case of Hatton v Sutherland, the Court of Appeal laid down guidelines for personali njury claims arising from stress at work. The case is of interest to all employers, not least because the number of union-backed work-related...

Loss of Chance? Probably Not.(personal injury)
February 13, 2002... Originally published in January 2002The recent decision of the Court of Appeal in Webb v Barclays Bank Plc & Portsmouth Hospitals NHS Trust1 is not one to set pulses racing. However, at first blush (and at first instance) a few eyebrows were...

Kilpatrick Stockton Adds American Bar Association President-Elect Alfred P. Carlton Jr as Partner.(Brief Article)
February 13, 2002... (Raleigh, NC) -- January 18, 2002 -- Kilpatrick Stockton LLP today announces the addition of Alfred P. (A.P.) Carlton to the firm as partner. Carlton, the 2002 President-elect of the American Bar Association (ABA), joined the firm in its...

Swiss Competition Report for the Period: October 01 - December 01.
February 13, 2002... Advertising in the Health Sector. On November 5, 2001, the FCC urged five Cantons (Aargau, Jura, Neuchatel, St. Gallen, and Valais) to lift the restrictions imposed on health professions as regards advertising. In the past, the FCC had taken a...

The Liberalization of the Court of First Instance of the EC - Recent Decisions Show a Possibly More Lenient Approach to Trade Mark Responsibility.(Brief Article)
February 13, 2002... In February of this year, the Court of First Instance of the European Communities ("CFI") implemented various amendments to its rules of procedure with a view to expedite the proceedings. One of the main reasons for introducing this "fast...

Pleading Scienter Under the Federal Securities Laws: What Creates a Strong Inference of Fraudulent Intent?
February 14, 2002... Co-written by Margaret A. Jacobs & Karen E. Siciliano One of the keys to curtailing litigation costs for public companies in any securities class action is dismissal at an early stage. Heightened standards for pleading defendants' state of...

Draft Of Amendments To Romanian Patent Law.(Oproiu.M)
February 14, 2002... The Romanian Patent Law No. 64/1991 is currently undergoing review with a proposal to introduce amendments in order to meet the current economical needs and largely ties with TRIP's Agreement and European Union requirements. At this stage, the...

Coudert Freres Hires Competition Rising Star.
February 18, 2002... Philippe Rincazaux, attorney specializing in economiclaw and community law, leaves Thomas & Associates - Deloitte & Touche to join Coudert Freres as the head of its Competition Department. Attorney with the Paris Bar since 1990, Philippe...

Fairness of Disciplinary Proceedings - the Distinction Between Civil and Criminal for the ECHR.
February 19, 2002... Article 6 of the European Convention on Human Rights ("the ECHR") sets out requirements for a fair hearing. Article 6(1) applies where civil rights or a criminal charge are being determined. Articles 6(2) and 6(3) apply specifically in criminal...

FAQs on German Film Funds.
February 20, 2002... 1. How does the tax deduction work? There is a general rule under the German Commercial Code (HGB) that in financial statements no value may be attributed to self-created intangible goods constituting fixed assets. This has the effect...

Standing Up to the Head of the Class.(securities fraud law)
February 21, 2002... Co-written by Neil A Steiner Originally published in New York Law Journal, February 11, 2002 Securities Defense May Challenge Certification When Multiple Investors Are Made Lead Plaintiff One of the principal objectives of the...

A Second Bite at the Apple: Domain Name Registrants Can Use Anticybersquatting Statute to Reverse UDRP Proceeding.(Uniform Domain Name Dispute Resolution Policy)(Brief Article)
February 22, 2002... Co-written by Ms Belinda Juran Originally published on February 13, 2002 In a case of first impression, a panel of the U.S. Court of Appeals for the First Circuit has ruled that the Anticybersquatting Consumer Protection Act (the...

Corporate Training Programs - Opportunities for International Employees, Foreign Students and Other Foreign Nationals.
February 22, 2002... Originally published on February 13, 2002 Overview of the Training Options and Issues As a world leader in business, technology, and the sciences, the United States is a primary site for the training of foreign nationals. There are a...

Back Pay and Front Pay Awards Reversed After Jury Finds No Discriminatory Discharge.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 The United States Court of Appeals for the Seventh Circuit ruled recently that a victim of discrimination who leaves his or her employment as a result of the...

Bargaining Agreement Applies to Temporary Employees Too.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 In Tree of Life, Inc. d/b/a Gourmet Award Foods Northeast, 336 N.L.R.B. No. 77 (Oct. 1, 2001), the National Labor Relations ("NLRB") Board ruled 2-1 that a gourmet...

By-Stander Sexual Harassment Recognized.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 Recently, in Leibowitz v. New York City Transit Authority, 252 F.3d 179 (2d Cir. 2001), the Court of Appeals for the Second Circuit addressed whether an employee may...

EEOC Rescinds Controversial Position On Retiree Health Plans.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 Bowing to criticism from employers and employee groups, the EEOC officially rescinded its policy concerning the application of the Age Discrimination in Employment Act...

Concerns Over the Use of SPEs by Financial Institutions.
February 22, 2002... Originally appeared in SPE Transactions Update - February 9, 2002 Enron Corporation's alleged use of off-balance-sheet special purpose entities ("SPEs") to conceal large amounts of company debt and losses by artificially creating...

Failure in Age Discrimination Training Justifies Award.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 A car dealer's failure to train its hiring manager in age discrimination laws is an "extraordinary mistake," according to the Court of Appeals for the Seventh Circuit,...

Good-Faith Belief in Employee's Fraud Trumps Age Claim.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 The U. S. Court of Appeals for the Second Circuit recently held that an employer's good faith belief of an employee's fraud in connection with an application for...

Heterosexual Loses "Anti-Straight" Discrimination Suit.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 In Brennan v. Metropolitan Opera Association, the New York Appellate Division recently affirmed the dismissal of a sexual-orientation discrimination lawsuit brought by...

Proper Standard For Substantial Limitation In Manual Tasks Requires Proof That Individual's Impairments Restrict Activities Central To Daily Life.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 On January 8, 2002, a unanimous Supreme Court held that a plaintiff must demonstrate that her impairments restrict activities central to most people's daily lives in...

Racial Discrimination Claim Based on Unequal Severance Package Survives Summary Judgment.(McGuinness v. Lincoln Hall)(Brief Article)
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 In McGuinness v. Lincoln Hall, the United States Court of Appeals for the Second Circuit reversed, in part, the summary judgment decision by a New York district court...

Statute of Limitations Tolled While Employer Investigates Claims.(Brief Article)
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 In its recent decision in Frazier v. Delco Electronics Corp., the U.S. Court of Appeals for the Seventh Circuit held that when an alleged victim of harassment brings...

The Supreme Court's 2001-2002 Term: An Abundance of Employment Cases.
February 22, 2002... Originally appeared in Labor and Employment Newsletter - February 2002 The Supreme Court opened its 2001-2002 term with a docket full of employment related cases. At the outset of the term, the Court had already accepted 15 employment...

Maternity Rights: A Review.(Brief Article)
February 22, 2002... Legislation currently provides the following maternity rights for women who satisfy the relevant qualifying conditions: time off for antenatal care; maternity leave; maternity benefits; the right to return to work after...

Illegal Trademark Branding.(People Bee Hoon Factory sues for counterfeit of its Chilli brand rice vermicelli)(Brief Article)
February 25, 2002... Being a household name in Singapore has paid off for Chilli brand rice vermicelli when recently a woman and her neighbour blew the whistle on a supermarket that was passing off packets of vermicelli as Chilli brand bee hoon days before Chinese...

Media Access To The New Special Tribunals: Lessons Learned From History And The Military Courts.(Brief Article)
February 25, 2002... Co-written by Andrew M. Mar The right of the public and the press to attend the recently authorized special military tribunals has not been established as of this writing. History suggests any such right will be limited, but there are...

Notice Requirements Help Journalists Facing Abusive Subpoenas.
February 25, 2002... Co-written by Thomas R. Burke Prompted by media attention to a rash of subpoenas issued to California journalists, the California legislature has enacted new procedural safeguards, including a minimum of five days' notice before a...

Think Twice Before Removing California SLAPP Cases To Federal Court.(Strategic lawsuits against public participation)
February 25, 2002... Co-written by Gialisa Whitchurch Unless there is a compelling reason to remove a case to federal court, defendants who plan to file a special motion to strike under California's anti-SLAPP statute, C.C.P. [currency] 425.16, should stay in...

New Year. New Team?(Brief Article)
February 25, 2002... For Health and Safety issues, 2002 will be a year of significant change and debate for the construction industry and the beginning of a process intended to culminate in revised CDM Regulations coming into force during 2004. A revised Code...

Executing Documents with Foreign Companies.(effect of globalization on construction and engineering industry)
February 25, 2002... The word 'globalisation' means many things to many people but what does it mean for the construction and engineering industry? This article examines the issues which may arise in relation to the valid execution of documents when a UK Company...

Society of Construction Law Protocol for Determining Extensions of Time & Compensation for Delay & Disruption.
February 25, 2002... The aim of this Protocol (drafted by the SCL and issued November 2001) is to tackle confusion over how to work out entitlements to extensions of time (EOTs) and compensation for other time-related delays. The Protocol takes the form of a...

Employer References.
February 25, 2002... You do not necessarily have to provide a reference for a former employee but, if you do, it must be fair, accurate, not misleading and produced with reasonable care. If it is not, you may be liable to the employee or his prospective employer...

Corruption - Bribery Overseas Now a Crime in the UK.
February 25, 2002... The Anti-terrorism, Crime and Security Act 2001 was passed in December after a stand off between the Government and House of Commons on one side and the House of Lords on the other. John Sissons, a consultant to Herbert Smith, discusses one of...

Economic Duress.(Brief Article)
February 25, 2002... Economic duress has always been considered by lawyers as a notoriously difficult allegation to establish. Two recent cases in the Technology and Construction Court provide guidance as to what is required and practical examples of what does and...

Energy Projects - Resolution of Investment Disputes through ICSID.
February 25, 2002... Caroline Kehoe, a partner in Herbert Smith's Litigation Department in London, takes a look at the possibilities of arbitration under the auspices of the International Centre for Settlement of Investment Disputes. Arbitration has long been...

The New Indonesian Oil & Gas Law.
February 25, 2002... Mark Newbery, a partner in Herbert Smith's Singapore office, analyses the new Indonesian oil and gas law which the Parliament finally passed on 23 October 2001. Hiswara Bunjamin & Tandjung, the firm's associate office in Jakarta, has assisted...

WTO - Energy Services.(World Trade Organization)
February 25, 2002... The energy sector is one of the sectors for which the new trade negotiations in the World Trade Organisation (WTO) are expected to yield a considerable result. Trade negotiators and WTO member countries show much greater interest in the energy...

Tax Exempt Organizations.(Internal Revenue Service regulations on excess benefits to an individual)
February 25, 2002... Final IRS Intermediate Sanctions Regulations: Few Surprises The Internal Revenue Service ("IRS") issued final intermediate sanctions regulations on January 23, 2002. The new regulations, which replace temporary regulations issued in 2001,...

Enforcement Policy & Legislative Developments.
February 25, 2002... Reporting Period: October 01-December 01 Advertising in the Health Sector. On November 5, 2001, the FCC urged five Cantons (Aargau, Jura, Neuchatel, St. Gallen, and Valais) to lift the restrictions imposed on health professions as regards...

Data Protection & Privacy - Practical Tools for Changing your Working Environment - Will Imported Hybrid "Privacy" Survive the Common Law Jungle?(United Kingdom)
February 25, 2002... Co-written by Emma Jay & Paul McCourt Introduction "Civilisation is the progress towards a society of privacy. The savage's noble existence is public, ruled by the laws of his tribe. Civilisation is the process of setting men free from...

Employment Bill Update - Flexible Work.(Brief Article)
February 25, 2002... The Employment Bill has recently completed its review by the House of Lords Standing Committee and been given its third reading and passed in the House of Commons. It will now be considered by the full House of Lords. A summary of the Bill...

Recent Developments in the Law of Registered Designs Likely to be of Interest to the IT Sector.
February 25, 2002... Two recent developments in English law relating to registered designs are likely to be of interest to the IT sector, especially to those engaged in web design and the design of graphical user interfaces for software. On 9...

E-Commerce News - Kodak, Data Privacy, BSA, Electronic Signatures, UNCITRAL.(various United Kingdom and European Union news)
February 25, 2002... Kodak Fulfills Orders for Under Priced Cameras Data Privacy - 'Safe' to send personal data to Canada Information Commissioner's Web Site Data Protection Audit BSA Truce Does not Extend to UK UK Government Misses E-Commerce...

The Scope of Claims & Their Interpretation.(patents)
February 25, 2002... Originally published in July 2001 in the the Brazilian Intellectual Property Association Gazette I.INTRODUCTION Many people argue that in the field of pharmaceuticals and biotechnology the development costs of new products, from basic...

Capital Subsidies And The Right To Deduct Vat.
February 26, 2002... The right to deduct input Value Added Tax (VAT) is a fundamental element in the operation of the tax, the general rule being that there is a right to deduct so long as the taxable person uses the acquired goods or services for activities which...

UK Greenhouse Gas Emissions Trading Scheme - Assessing the Benefits from Participation.
February 26, 2002... Introduction In the run-up to the start of the emissions trading arrangements recently fleshed out at the Kyoto-Marrakech Climate Change talks there are emerging a number of quite detailed proposals for schemes at regional and at national...

Employment Bill Update - Statutory Procedures.
February 26, 2002... The Employment Bill has recently completed its review by the House of Lords Standing Committee and been given its third reading and passed in the House of Commons. It will now be considered by the full House of Lords. A summary of the Bill...

Restructuring U.S. Dollar Obligations; Central Bank Approvals of Foreign Currency Transfers.
February 26, 2002... Co-written by Federico Busso & Javier Podrez Yaniz Recent Argentine legislation has signaled the death-knell of the Convertibility Law by devaluing the peso and imposing withdrawal restrictions and exchange controls. In response, we have...

New Law Requires Creditors to Accept Provincial Bonds.(Brief Article)
February 26, 2002... Co-written by Pablo GermainOriginally published on 16 February, 2002We have advised several clients doing business in the Province of Entre Rios on recent legislation allowing the province to force acceptance of provincial treasury notes in...

Argentine Devaluation and Exchange Control Restrictions; Impact on Payments Abroad.
February 26, 2002... Co-written by Ines Lucena Maguire or Maria Lucila Escrina Originally published on January 17, 2002 This article responds to an inquiry on recent Argentine legislation. Specifically, we address recent regulations concerning devaluation...

Qualifying Reverse Exchanges Under Revenue Procedure 2000-37.
February 27, 2002... Originally published in Los Angeles Lawyer, June 2001 The New IRS Procedure Offers Tax Certainty but Also Carries With it Heavy BurdensOn October 2, 2000, a full 10 years after announcing its 0 intent to study the applicability of internal...

Financial Services Alert.
February 27, 2002... SEC Issues Statement on Compliance Date for the Bank Exceptions to Broker-Dealer Registration in the Gramm-Leach-Bliley Act The SEC stated that it will extend the compliance date for the bank exception to the broker-dealer registration...

CEO Of Saatchi & Saatchi to Speak at INTA Symposium on Trademarks & Marketing.(International Trademark Association)(Brief Article)
February 27, 2002... The International Trademark Association (INTA) and the Brand Names Education Foundation (BNEF) will hold a two-day advanced symposium on trademarks and marketing from Thursday, February 28 to Friday, March 1, 2002, at the Millennium Broadway...

Thumbnails, Fair Use and Hyperlinks: The Ninth Circuit Breaks New Ground in Kelly v. Arriba Soft.
February 27, 2002... Co-written by Donald Steinberg Originally published on February 20, 2002 Most of the content displayed on the Internet, including text, images, music and video, is protected by copyright laws, both in the United States and abroad....

Failure To Train Managers Held To Be An "Extraordinary Mistake".
February 27, 2002... A federal appellate court recently upheld an award of liquidated damages against an employer that was sued for age discrimination. According to the court, a reasonable jury could find that the employer's failure to provide training to its...

Publishing In Europe: Freelancers, Copyright And The Information Society.
February 27, 2002... Co-written by Susannah Kendall Introduction Much has been written recently about the harmonisation of copyright laws throughout Europe. However there are areas where significant differences exist between the common and civil law...