Mondaq Business Briefing articles from February 2003

Mondaq Business Briefing archives from February 2003

Deals and Developments.
February 2, 2003... This newsletter is intended to highlight deals and developments within the field of M&A and corporate finance. In this issue we focus on a number of developments, including the new launch of the EU Takeover Directive, the...

SEC Mandates Disclosures Relating To Financial Experts And Codes Of Ethics.
February 3, 2003... The SEC adopted new rules requiring public companies to disclose information about audit committee financial experts and corporate codes of ethics. The new rules, which do not require disclosure until the filing of a public company's annual...

SEC Adopts Rules On Pro Forma Financial Information And Filing Of Earnings Releases.
February 3, 2003... The SEC has adopted new rules governing the use of pro forma financial information by public companies in earnings announcements and SEC filings. The SEC will also require public companies to "furnish" their published annual and quarterly...

Corporate Update: The Sarbanes-Oxley Act Of 2002 And Related Developments.
February 3, 2003... Article by David S. Rosenthal and Sean P. McGuinness Introduction On July 30, 2002, President George W. Bush signed into law the Sarbanes-Oxley Act of 2002. In the most comprehensive revision of the securities laws in many years, the...

SEC Adopts Final Rules Requiring Disclosure of Audit Committee Financial Experts Pursuant to the Sarbanes-Oxley Act.(Column)
February 3, 2003... By Edward S. Best, James B. Carlson, Robert E. Curley, Scott J. Davis, Jeffrey I. Gordon, Robert A. Helman, Michael L. Hermsen, James J. Junewicz, Philip J. Niehoff, Elizabeth Raymond, Laura D. Richman, David A. Schuette, Frederick B. Thomas,...

SEC Adopts Rules Implementing Sarbanes-Oxley Blackout Period Trading Restrictions.
February 3, 2003... By Edward S. Best, James B. Carlson, Robert E. Curley, Scott J. Davis, Jeffrey I. Gordon, Robert A. Helman, Michael L. Hermsen, James J. Junewicz, Philip J. Niehoff, Elizabeth Raymond, Laura D. Richman, David A. Schuette, Frederick B. Thomas,...

Disclosure of Codes of Ethics for Senior Officers.(Column)
February 3, 2003... By Edward S. Best, James B. Carlson, Robert E. Curley, Scott J. Davis, Jeffrey I. Gordon, Robert A. Helman, Michael L. Hermsen, James J. Junewicz, Philip J. Niehoff, Elizabeth Raymond, Laura D. Richman, David A. Schuette, Frederick B. Thomas,...

New Partner and US Combination Boosts Employee Share Incentives Group at Mayer, Brown, Rowe & Maw LLP.
February 3, 2003... Mayer, Brown, Rowe & Maw LLP is pleased to announce the promotion of Andrew Stanger to partner, effective from 30 December 2002. Andrew qualified into the Corporate Tax Group in 1997 after training at the firm and now heads up the Employee...

Venture Capital- Clearing the Exit for Foreign Participants.
February 3, 2003... The Australian Parliament passed 2 major pieces of legislation in mid December dealing with the exemption of capital gains tax ("CGT") in the case of disposal of non-resident venture capital equity investments in Australia. The laws were: ...

Emerging Issues In Electronic Discovery.
February 3, 2003... Emerging issues in electronic discovery Most companies involved in civil litigation have grown accustomed to collecting and producing paper documents. They know from experience where the documents are kept, how they are organized, and...

DataContent Launches its Knowledge Management Capability.
February 3, 2003... DataContent is expanding its market data consultancy services by offering strategic knowledge management advice. Lesley Robinson, an experienced information and knowledge management consultant, has become an Associate of DataContent to operate...

Employee Benefits Legal Alert.(U.S. Department of Labor issues final rules for advance notices of "blackout periods")
February 4, 2003... Co- authored by Jennifer Schumacher, Mark Wincek, David Pickle, Lois Colbert and Bill Wright DOL Issues Final "Blackout" Period Rules The Sarbanes-Oxley Act amended ERISA to require administrators of individual account plans to provide...

Intellectual Property Legal Alert.(Supreme Court upholds Copyright Term Extension Act of 1998)
February 4, 2003... Co-authored by Jennifer ElginSupreme Court Upholds Copyright Term Extension Act Today the Supreme Court upheld as constitutional the Sonny Bono Copyright Term Extension Act of 1998 ("CTEA"). In Eldred v. Ashcroft, 573 U.S. ___ (Jan. 15,...

Securities Legal Alert.(Securities and Exchange Commission proposes Rules on Auditor Independence)
February 4, 2003... Co-authored by Randy Eaddy, Neal Falis, Rey Pascual, David Stockton, Mike Trotter and Betty Wren.SEC Proposes Rules on Auditor Independence One of the most significant aspects of the Sarbanes-Oxley Act of 2002 is the series of new and...

"Blobby Gate": Mayer, Brown, Rowe & Maw LLP Advises District Auditor, Clive Portman In "Crinkly Bottom" Investigation.
February 4, 2003... The Public Law Group at Mayer, Brown, Rowe & Maw LLP advised District Auditor, Clive Portman in his investigations into Lancaster City Council's involvement in the "Crinkley Bottom" Theme Park project in Happy Mount Park, Morecambe. In...

Law of Confidence Provides Insufficient Privacy.
February 4, 2003... On 28th January 2003 the European Court of Human Rights gave judgment in Peck v The United Kingdom. It is a case that may have profound implications for the development of the law of confidence in the United Kingdom and provide fresh impetus...

Corporate Update: Status of SEC Rule-Making Under the Sarbanes-Oxley Act of 2002.
February 5, 2003... By David S. Rosenthal and Martin NussbaumOver the last few weeks the Securities and Exchange Commission (the "SEC") has proposed, as it was mandated to do under the Sarbanes-Oxley Act of 2002 ("SOX"), new rules on a variety of topics. Under...

DVT: Differing Decisions From The English And Australian Courts.(deep vein thrombosis)
February 5, 2003... On 20 December 2002, the English High Court and the Victoria Supreme Court, Australia handed down seemingly contradictory decisions in deep vein thrombosis (DVT) claims against airlines. THE DVT GROUP LITIGATION DECISION In a first...

Climate Change: A Storm Cloud On The Horizon.(Aviation global greenhouse gas emission reduction targets are examined)
February 5, 2003... Aviation is estimated to be responsible for around 3.5% of current man made global warming but, as a result of the predicted increase in air traffic in coming decades, this figure will increase. How will Governments and airlines reconcile the...

Aircraft Leasing: Commercial Court Decisions.(Protea Leasing Ltd. is involved in breach of aircraft lease cases)
February 5, 2003... Two recent decisions relating to breach of aircraft leases, demonstrate how much the choice of English law or jurisdiction, to which many aerospace businesses subject their contracts, gives worldwide influence to the Commercial Court in London....

Aviation Insurance: Acts Of Terrorism.(US Terrorism Risk Insurance Act 2002 becomes law)
February 5, 2003... Article by Nicholas Hughes and Fernando Albino More than a year after the terrorist attacks on 11 September 2001 and in the face of heightened security worries and some examples of further terrorist acts, a number of jurisdictions have...

European Competition Law: Commission Decisions on State Aid.
February 5, 2003... On 11 December 2002 the European Commission issued a series of decisions ranging from minor investigations in inducements for new regional operations to major State Aid infringement cases. The broad nature of the CommissionAEs decisions shows...

Latin American Competition Law.(Alpine Air contends that Lan Chile is in breach of Chilean competition and fair trade rules)
February 5, 2003... " . . . newcomers to traditionally monopolistic sectors should expect resistance . . . and take into account . . . long . . . anti-monopolistic battles." When CLB Corporation moved into the Chilean air cargo transport business there was...

New Department of Homeland Security to Include Most Immigration Functions.(Homeland Security Act of 2002 becomes law)
February 5, 2003... On November 25, 2002, President Bush signed into law the Homeland Security Act of 2002, which created a new Cabinet-level position and the new Department of Homeland Security ("DHS"). As a result, this new Department will assume control of all...

Douglases and OK! v Hello.
February 5, 2003... Ever since the Douglases won their interim injunction against Hello! and then saw it discharged by the Court of Appeal in December 2000, the privacy genie has been well and truly out of the bottle. This is a fascinating case to lawyers and...

Client Advisory: SEC Adopts Rule on Standards of Professional Conduct for Attorneys.
February 5, 2003... At its meeting on January 23, 2003, the Securities and Exchange Commission adopted a portion of proposed Rule 205 to implement Section 307 of the Sarbanes-Oxley Act, while deferring other portions of the proposed rule. For a description of the...

Summary of Recommended Procedures In Connection with Blackout Periods under Retirement Plans.
February 5, 2003... The Securities and Exchange Commission (the "SEC") recently issued final rules, the so-called "Regulation Blackout Trading Restriction" or "Regulation BTR," to implement Section 306(a) of the Sarbanes-Oxley Act of 2002 (the "Act") with respect...

Audit Committee Financial Experts and Code of Ethics.
February 5, 2003... As discussed in our prior client advisory memorandum, the Sarbanes-Oxley Act directs the Securities and Exchange Commission to adopt rules to require disclosure of whether public companies have a financial expert on their audit committees and...

Corporate Governance - ABI and NAPF Launch Best Practice Statement On Executive Contracts and Severances.
February 5, 2003... In December 2002 the ABI and NAPF jointly published a best practice statement on contracts and severance pay. Boards and remuneration committees of listed companies will need to bear this in mind when preparing their Directors' Remuneration...

Copyright Term Extension Act of 1998 Upheld by U.S. Supreme Court.
February 5, 2003... In a 7-2 decision, the U.S. Supreme Court affirmed the decision of the U.S. Court of Appeals for the District of Colombia upholding the 1998 Copyright Term Extension Act (CTEA). Eldred v. Ashcroft, Case No. 01-618 (Jan. 15, 2003). The CTEA...

Federal Circuit Rules on Enablement and Written Description in Two Biotech Cases.(U.S. Court of Appeals for the Federal Circuit)
February 5, 2003... Article by Paul Devinsky and Krista Vink Venegas In the first of two recently decided biotech cases where the U.S. Court of Appeals for the Federal Circuit had an opportunity to discuss written description and enablement issues, it upheld a...

Claimed Range Encompassed by Prior Art Is Prima Facie Obvious.
February 5, 2003... The U.S. Court of Appeals for the Federal Circuit held that a prior art reference that discloses a brand range, which encompasses narrower claimed range, is sufficient to establish prima facie obviousness. In re Peterson, Case No. 02-1129 (Fed....

Standing Must Be There from the Get Go or Plaintiff Has No Leg to Stand On.(Paradise Creations Inc. is involved in a patent infringement case with UV Sales Inc.)
February 5, 2003... The U.S. Court of Appeals for the Federal Circuit refused to recognize standing to bring a lawsuit based solely on a state corporate revival statute that purported to confer standing retroactively where it did not exist at the time that the...

German Federal Supreme Court: Patent Protection for Computer Programs and Their Storage Media.
February 5, 2003... In a long expected decision, the German Federal Supreme Court ruled patent claims regarding a storage medium (such as a diskette) with a computer program stored thereon are allowable as long as the program itself is patentable. With its...

Only Prior Art from a Completed Proceeding Is Prohibited from Being Relied Upon in Subsequent Reexams.
February 5, 2003... Article by Kenneth Cage and Lawrence T. Cullen The U.S. Court of Appeals for the Federal Circuit, in affirming a rejection by the U.S. Patent and Trademark Office (PTO) Board of Appeals and Interferences, clarified that for any...

Fame and Actual Confusion Are Not Prerequisites to Proving a Likelihood of Confusion Under the Lanham Act.(Majestic Distilling Co. Inc. is involved in a case regarding the RED BULL trademark)
February 5, 2003... The U.S. Court of Appeals for the Federal Circuit has now held that fame and actual confusion are not necessary in order for a trademark examiner to refuse registration of a mark on the ground that it is confusingly similar to a previously...

Proposed New Austrailian Designs Laws to Introduce a Right of Repair.
February 5, 2003... Australia's laws protecting registered designs are inching closer towards radical change. In essence, a registered design protects the overall appearance of a product, rather than its function. Australia's existing designs laws are generally...

Employee Generated IP - An Australian Perspective.(intellectual property)
February 5, 2003... Article by Mr Wayne Condon and Mr Raphael GoldenbergImagine that you are the Vice President of R & D in a large pharma or biotech company. A young lab tech named Fred who you employed six months ago as a casual employee barges into your office...

Circuit Court Rejects Reasonable Expectations Test.
February 5, 2003... A recent circuit court opinion focused on "scraping," the popular and often controversial practice of creating a computer program to collect information embedded in a web site. In EF Cultural Travel BV, et al. v. Zefer Corporation, et al., the...

USA Patriot Act Legal Alert: Treasury Issues Proposed Rule for Mutual Fund SAR Reporting.
February 5, 2003... On January 21, 2003, the U.S. Treasury Department published a notice (the "Release") of a proposed rule ("Proposed Rule") in the Federal Register, which, if adopted as proposed, would require open-end investment companies ("Mutual Funds") to...

The SEC Adopts Final Rules Under The Sarbanes-Oxley Act of 2002.
February 5, 2003... I. Executive Summary Over the past two weeks, the SEC has adopted final rules to implement certain provisions of the Sarbanes-Oxley Act of 2002. This legal alert summarizes the final rules and indicates the time frames in which companies...

SEC Adopts Rules On Standards Of Professional Conduct For Attorneys.
February 5, 2003... At an open meeting on January 23, 2003, the Securities and Exchange Commission ("SEC") adopted new rules establishing standards of professional conduct for attorneys who represent publicly traded companies and other issuers of SEC registered...

SEC Addresses Principal Officer Certifications and Codes of Ethics.
February 5, 2003... At an open meeting held this morning, the Securities and Exchange Commission ("SEC") adopted new rules 30a-3 and 30d-1 under the Investment Company Act of 1940 (the "Act"), a series of rule amendments under both the Securities Exchange Act of...

Mills & Reeve Advises On Financing Of Top Cambridge Biotech Company.(Mills & Reeve advised Biotica Technology Limited on procurement of $5 mil series A round of financing)
February 6, 2003... Law firm, Mills & Reeve, has advised Biotica Technology Limited, a University of Cambridge spin-out, on the procurement of a $5 million series A round of financing, led by Biotechnology Value Fund (San Francisco, CA) with co-investor Nordic...

Mills & Reeve Hires Leading Midlands Corporate Finance Partner.(Brief Article)
February 6, 2003... Mills & Reeve is expanding its corporate finance practice with the recruitment of highly rated Midlands lawyer, Tim Winn. Tim was a partner with Garrett's in Birmingham and previously spent 11 years at Edge & Ellison (now Hammonds). He has...

The Higgs Report.(a discussion of Derek Higgs' 'Review of the role and effectiveness of non-executive directors')
February 6, 2003... The Higgs Report on Non-Executive Directors and the Smith Report on Audit Committees - substantial changes in corporate governance best practice 20 January 2003 saw the publication of both Derek Higgs' "Review of the role and effectiveness...

Inland Revenue Consultation Paper on Pensions.
February 7, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Executive summary The Inland RevenueAEs consultation paper on pensions, published on 17 December 2002, proposes a radical overhaul of the tax rules for pensions....

Project Finance Monthly.
February 7, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents GERMANY German PPP u the Offenbach school project GERMANY New model for German toll road projects UK London Underground PPP completed CHINA...

Employment, Pensions And Benefits.
February 7, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents Role and effectiveness of non-executive directors Employee share options and capital gains tax Provision of misleading information in a scheme...

SEC Issues Final Rules Implementing Section 306(a) of the Sarbanes-Oxley Act of 2002: Insider Trades During Pension Fund Blackout Periods.(Securities and Exchange Commission )
February 7, 2003... The Securities and Exchange Commission (the SEC) has adopted final rules1 (the "Rules") implementing Section 306(a) of the Sarbanes-Oxley Act of 2002 (the "Act") ("Insider Trades During Pension Fund Blackout Periods"), which prohibits directors...

CEO and CFO Certifications and Corporate Disclosure Controls.(requirements under Sarbanes-Oxley Act of 2002)
February 7, 2003... David S Rosenthal and Martin Nussbaum The SEC adopted final rules implementing Section 302 of the Sarbanes-Oxley Act of 2002 (the "Act"), which became effective August 29, 2002.1 The new Rules 13a-14 and 15d-14 under the Securities...

Environment, Planning & Regulatory News.(environmental news regarding European Union, Germany)
February 7, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents EU Council agreement on greenhouse gas trading scheme EU New directive on the energy performance of buildings GERMANY New Commercial Wastes...

Accelerated Filing Deadlines for Quarterly and Annual Reports and Disclosure Concerning Website Access to Reports.(new rules from SEC)
February 7, 2003... Article by David S. Rosenthal and Sean P. McGuinness SEC Approves New Exchange Act Rules to Accelerate Filing Deadlines for Reports on Form 10-Q and Form 10-K and New Disclosure Rules Concerning Access to Reports on the Company's Website...

Smallpox Declaration Update.
February 7, 2003... The Secretary of HHS has signed the declaration required under Section 304 of the Homeland Security Act that smallpox poses a potential health emergency risk requiring vaccination as a countermeasure. This declaration triggers the liability...

International IP Update - Winter 2002/2003.
February 7, 2003... Contents EU New registered Community design system; Can a smell be a registered trade mark?; ECJ concludes aebadge of supportAE infringes UK High Court not bound by ECJ decision THE NETHERLANDS Newspaper adverts protected as a...

Pensions Update: The 2002 Green Paper.(paper includes 2 papers, one from UK Treasury and Inland Revenue)
February 7, 2003... The pensions Green Paper which the Government had promised for "autumn 2002" was finally published on 17 December, with Parliament safely in recess and most commentators winding down for Christmas. The Green Paper actually comprises two...

Tax and Wills & Estates Update.(regulatory changes regading wills and estates discussed)
February 7, 2003... Proposed Regulations Issued on Partnership Noncompensatory Options The IRS recently issued proposed regulations on the taxation of noncompensatory options and convertible instruments issued by partnerships. Under the regulations, the...

"Blobby Gate".(report on law firm's advice for district auditor's probes regarding theme park)
February 7, 2003... The Public Law Group at Mayer, Brown, Rowe & Maw LLP advised District Auditor, Clive Portman in his investigations into Lancaster City Council's involvement in the "Crinkley Bottom" Theme Park project in Happy Mount Park, Morecambe. In...

Mills & Reeve Hires Leading Midlands Corporate Finance Partner.
February 7, 2003... Tim was a partner with Garrets in Birmingham and previously spent 11 years at Edge & Ellison (Hammonds). He has recently been rated as one of the Top 30 corporate stars outside London. Tim specializes in domestic and cross border M&A, strategic...

Enforcement Policy And Legislative Developments - Reporting Period: October 02 - December 02.
February 7, 2003... Competition Act. The amendment of the Competition Act submitted by the Swiss Federal Council for parliamentary debate on November 7, 2001, has not yet been enacted by the Swiss Parliament. It has only been approved by the National Council on...

OSHA Boards Executive Accountability Ship.
February 7, 2003... Originally published in Houston Business Journal Much has been written about the provisions in the new Sarbanes-Oxley Act, which makes executives more accountable for the accuracy of their firm's SEC disclosures. What has received less...

Vinson & Elkins Leads in the Top 5 for IPOs in 2002.(is among the top 5 law firms worldwide in dollar value of 2002 Initial Public Offerings by U.S. Issuers)
February 7, 2003... (Houston, TX) February 5, 2003 - Vinson & Elkins ranks among the top 5 law firm worldwide in dollar value of 2002 Initial Public Offerings by U.S. Issuers, as announced by Thompson Financial in January 2003. The firm ranks fourth globally as...

Can You Hear Me Now?(employees' use of cell phones for business while drive poses liability)(Industry Overview)
February 7, 2003... Plaintiffs, judges and juries are sending a crystal clear signal to employers - beware employees using cell phones for business purposes while driving or your cell phone bill could include a multimillion-dollar personal injury verdict. ...

DOJ And FTC To Hold Hearings On Health Care And Competition Law And Policy.
February 7, 2003... On January 28, 2003 the Department of Justice's Antitrust Division and the Federal Trade Commission announced that their joint hearings on "Health Care and Competition Law and Policy" will begin with three days of hearings on February 26-28,...

Physician Wins $30 Million In Slander Lawsuit.
February 7, 2003... In December 2002, South Carolina physician, Bruce Skinner, M.D., was awarded approximately $30 million in a lawsuit against Trident Medical Center of Charleston. Skinner had been hired by Trident to work at one of its primary care clinics....

78th Texas Legislative Session Faces Serious Fiscal Challenges.
February 7, 2003... By Kathy Rubenstein, Joe Bill Watkins, Susan Feigin Harris and Elizabeth Rogers The 78th Texas Legislative Session convened on January 14, 2003 and by all accounts will prove to have major implications concerning health policy in the...

New Developments Involving Partial-Day.(partial-day deductions from leave banks)
February 7, 2003... By Michael J. Killeen and Jeffrey B. Youmans For many years there has been a controversy in Washington state as to whether the exempt status of salaried employees is in any way affected by the manner in which deductions are taken from paid...

Financial Services News.
February 10, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents Financial Services Authority European Union London Stock Exchange Department of Trade and Industry CREST Bank for International...

The 2002 ISDA Master Agreement.
February 10, 2003... By Jean S. Chin, Joseph P. Collins, Pamela J. Sackmann and Andres E. Aguila The International Swaps and Derivatives Association, Inc. ("ISDA") has published a new form of Master Agreement (the "2002 Form") to replace the prior 1992 form of...

Court's Decision Striking Down House Bill 122 Raises Many Practical Questions for Employers.
February 10, 2003... Efforts by the Ohio business community and the Ohio General Assembly to promote safe, drug-free workplaces for employees recently suffered a major setback as the result of another controversial 4-3 ruling from the Supreme Court of Ohio. ...

Proposed Tax Regulations To Clarify Capitalization vs. Deduction Issue.
February 10, 2003... By Alan Van Dyke and Thomas W. Bottomlee One of the most important questions in income tax law is whether an expenditure can be deducted currently in determining the payor's tax liability, or whether it must be capitalized. Capitalization...

How to Survive EPA[acute accent]s New Regulations for Concentrated Animal Feeding Operations.
February 10, 2003... Farms and ranches are not factories. Nevertheless, the U.S. Environmental Protection Agency ("EPA") recently issued regulations requiring livestock and poultry operations to obtain permits originally designed to regulate wastewater from...

Electronic Contracts and the New Civil Code.
February 10, 2003... The advent of the New Brazilian Civil Code has raised hot debate as to the protection granted to electronic contracts, kind of agreement the has shown a considerable growth in times of Internet communication, and the need to expedite completion...

Paris Office of Mayer, Brown, Rowe & Maw recruits new Corporate Team.
February 10, 2003... The Paris office of Mayer, Brown, Rowe & Maw has recruited a team of corporate lawyers from SG Archibald, a firm that has been part of the Arthur Andersen network since 1993. The team is headed by Xavier Jaspar, a Partner with vast...

Transatlantic Combination to Meet Client Need for Global Legal Services.
February 10, 2003... The international law firm Jones Day and the leading City of London firm Gouldens announced that they will merge their practices, effective February 8. Jones Day and Gouldens share the same worldwide vision and values and they have similar...

Corporation Tax Relief for the Cost of Employee Share Schemes.
February 10, 2003... For many years, companies have relied on a mixture of case law and complicated tax-planning arrangements to obtain corporation tax relief for the cost of operating their employee share schemes. Important legislative changes concerning the...

Legal Advice Privilege Clarified by the Commercial Court - but Appeal is Pending.
February 10, 2003... A recent Commercial Court decision has confirmed that legal advice privilege is not restricted to communications between a solicitor and client. The privilege extends to protect material brought into existence with the dominant purpose of...

Singapore's IP Academy Officially Opened.(Intellectual Property Academy of Singapore)
February 10, 2003... On 28 January 2003, the Intellectual Property (IP) Academy of Singapore officially opened its doors to the public. This latest law training academy offers certification courses and executive training to lawyers, patent agents, marketing...

Environmental Liability Disclosure Standards.
February 11, 2003... Article by Jeffrey Karp and Katherine RolphPetition Filed With Sec Urges Adoption Of New Environmental Liability Disclosure Standards A petition was recently filed with the Securities and Exchange Commission ("SEC") by the Rose Foundation...

Major Extension of Stamp Duty 'Disadvantaged Areas' Relief.
February 11, 2003... A significant new stamp duty exemption will be brought in by the Spring Budget. It will provide a complete exemption from duty for transfers and the premium element of new leases for commercial property in disadvantaged areas. Buyers and...

Scully Announces Outlier Rule To Be Released Soon.(Tom Scully, adminstrator of Centers for Medicare & Medicaid Services, makes announcement)
February 11, 2003... Centers for Medicare & Medicaid Services ("CMS") Administrator Tom Scully announced during a CMS Open Door Forum on Hospitals on Tuesday, February 4, 2003, that CMS expects to release new regulations regarding Medicare outlier payments within...

Environmental, Health & Safety Developments: Proposed Rule on Routine Maintenance, Repair, and Replacement.
February 11, 2003... Article by Stephanie S Couhig, Thomas A Hamilton, Charles T Wehland On December 31, 2002, EPA issued a proposed rule to provide much-needed clarification as to which activities constitute exempt "routine maintenance, repair and replacement"...

Medicare Bad Debt Reimbursement Policy Clarified.
February 11, 2003... A Notice of Proposed Rulemaking regarding Medicare bad debt reimbursement policy is to be published today, February 10, in the Federal Register. The proposed rule would extend the 30% reduction in bad debt reimbursement to all providers, not...

EPA[acute accent]s Water Quality Trading Policy: States Take Center Stage.
February 11, 2003... Article by Brent A. Fewell, Ronald R. Janke On January 13, 2003, the United States Environmental Protection Agency ("EPA") issued its long-awaited final Water Quality Trading Policy ("Policy"). Water quality trading allows one source to...