Mondaq Business Briefing articles from February 2005

Mondaq Business Briefing archives from February 2005

New Code Of Practice Covering Recruitment Of Overseas Healthcare Staff.
February 1, 2005... Originally published December 2004 A toughened-up code on international recruitment - preventing hospitals from actively recruiting nurses and other healthcare professionals from developing countries - was unveiled on 8th December by...

Planning - Use Classes Changes.(The Town and Country Planning (Use Classes) Order 1987)
February 1, 2005... Originally published September 2004 Amongst the other fundamental changes occurring to the planning system, The Town and Country Planning (Use Classes) Order 1987 is to be amended this September and the changes will become operative at a...

Increase In Hart-Scott-Rodino Thresholds.(Hart-Scott-Rodino Antitrust Improvements Act of 1976)
February 1, 2005... On January 25, 2005, the Federal Trade Commission ("FTC") announced new thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. s.18a) ("HSR"). The new thresholds will become effective 30 days after publication of...

Ten things to avoid during workplace investigations.
February 1, 2005... What happens in your organization when an employee complains about harassment, discrimination, or some other form of potentially illegal behavior in the workplace? How the company responds could be the difference between winning and losing an...

Current issues in internal corporate investigations.(corporation law)
February 1, 2005... Originally published January 20, 2005 This article was prepared with the assistance of Henninger Bullock, Michelle Annunziata, Ryan Borho and Mauricio Espana, all of whom are associates at Mayer, Brown, Rowe & Maw LLP. Many thanks for their...

Current Issues In Internal Corporate Investigations (Continued).(corporation law)
February 1, 2005... Continued from previous page 3. Unless counsel has received an appropriate response from the company's CLO, he or she must then report the evidence of the material violation to: a. The audit committee; b. Another committee that...

Confusion Reigns in Wake of U.S. Supreme Court's Decision in Cooper Industries v. Aviall Regarding Parties' Ability to Recoup Cleanup Costs.
February 1, 2005... By Amy L. Edwards (Washington, D.C.) Originally published 1st Quarter, 2005 On December 13, 2004, the U.S. Supreme Court upset more than two decades' worth of established practice when it determined that a landowner conducting a...

A Look at the 109th Congress.
February 1, 2005... By Michael Galano (Washington, D.C.) Originally published First Quarter, 2005 Introduction The 109th Congress convened on January 4, 2005. As a result of the November 2, 2004, elections, Republicans hold 55 of the 100 seats in the...

Dealing with Vacation Homes in the United States: Goodbye to Single-Purpose Corporations.(housing policy)
February 1, 2005... Effective January 1, 2005, the Canada Revenue Agency (the "CRA") has reversed its long-standing administrative policy on single-purpose corporations typically used by Canadian residents who own residential real estate or vacation properties in...

Revocation of the Only Israeli Appellation of Origin, for "JAFFA".
February 1, 2005... I. Summary In a decision handed down by the Israeli Registrar of Trade Marks, dated January 9, 2005, it was held that the Israel Appellation of Origin for "JAFFA" (including "Jaffas" and also "Yafo", "Jaffa" and "Jaffas" in Hebrew) ("the...

Canadian Component not Withstanding, BlackBerry System Found to Infringe U.S. Patents.(NTP Inc. v. Research in Motion Ltd.)
February 1, 2005... NTP Inc. is the owner of the "Campana patents" that integrate electronic mail with radio frequency (RF) wireless transmission. Research in Motion (RIM), a Canadian corporation, makes the ubiquitous BlackBerry. NTP sued RIM, alleging that the...

Vapor Intrusion: The Empire (State) Strikes Back.(industrial wastes)
February 1, 2005... By Robert L. Rhodes (Atlanta) Originally published 1st Quarter, 2005 Over the last three decades, thousands of contaminated properties have been the subject of remediation activities by the government or by private parties. A very high...

Discovering the nucleotide sequence of a known DNA molecule identifies an inherent characteristic of its chemical structure.(deoxyribonucleic acid, inventors Crish and Eckert )
February 1, 2005... Affirming a broad claim construction for claims directed to a nucleic acid molecule, the U.S. Court of Appeals for the Federal Circuit upheld a rejection by the U.S. Patent and Trademark Office (USPTO) that the claims were anticipated by...

Denial of Domain Name Transfer: BAA Loses Request for Gatwick.Com.(BAA PLC)
February 1, 2005... On 11 November 2004 the WIPO Arbitration and Mediation Center produced its decision on BAA plc v. Bob Larkin (case D2004-0555). BAA claimed that gatwick.com was confusingly similar to two registered trade marks (BAA GATWICK and BAA LONDON...

Morton Buildings Does it Again - the Indiana Tax Court recognizes advantage of the Manufacturing/Fabricating use tax "Loophole".
February 1, 2005... The Indiana Tax Court (the "Court") recently held that the Indiana use tax is inapplicable to raw materials acquired outside of Indiana and subsequently brought into the state after such materials had been substantially transformed into...

Tennessee Supreme Court Holds Catalysts Fall Within the Scope of the Industrial Machinery Exemption.(Eastman Chemical Co. v. Johnson)
February 1, 2005... In the January issue of State Tax Return, we reported that the Tennessee Court of Appeals in Eastman Chemical Co. v. Chumley, No. M2002- 02114-COA-R3-CV, 2004 WL 51822 (Tenn. Ct. App. Jan. 12, 2004), found in favor of the Department of Revenue...

Stop the Shenanigans or I'll Shoot - Tax Reform Texas Style.
February 1, 2005... It stands to be quite an interesting year in Texas taxation. In late November 2004 a Texas district court judge in Austin declared the Texas public school finance system unconstitutional and enjoined the State from funding public schools, but...

OIG Approves Malpractice Insurance Subsidy for two Neurosurgeons.(Office of Inspector General)
February 1, 2005... Summary Action: The OIG recently issued an Advisory Opinion indicating it would not take action against two hospitals for subsidizing the malpractice premiums of the only two neurosurgeons in the community. Impact: OIG Advisory...

Supreme Court Docket Report - October Term, 2004 - Number 5.
February 1, 2005... By Miriam Nemetz, Charles Rothfield and David Gossett Originally published January 7, 2005 On January 7, 2005, the Supreme Court granted certiorari in four cases of interest to the business community. Amicus briefs in support of...

California Court Of Appeal faults employer for failing to accommodate religious beliefs and observances.(California FEHC v. Gemini Aluminum Corp.)
February 1, 2005... Originally published October 5, 2004 A California Court of Appeal has opined that an employer's duty to accommodate religious observances extends to an employee's request to attend a three day religious convention even if attendance is not...

Employers should ensure compliance with election requirements.
February 1, 2005... Originally published in October 19, 2004 With the presidential election right around the corner, California employers must be prepared to comply with California's posting and time off to vote requirements, set forth in Elections Code...

Court Defines "Discharge" For Purposes Of Waiting Time Penalties.(Smith v. Superior Court of Los Angeles County (L'Oreal USA, Inc.) )
February 1, 2005... Originally published October 28, 2004 Smith v. Superior Court of Los Angeles County (L'Oreal USA, Inc.) is an important decision for employers because it provides some clarity on the meaning of "discharge" under Labor Code Sections 201 and...

Payroll Services Company Was Not Employer For Employment Tax Purposes.(Cencast Services L.P., et al. v. United States)
February 1, 2005... Originally published October 20, 2004 Recently, the United States Court of Federal Claims determined that a company providing payroll services and worker placements was not the workers' employer. Cencast Services L.P., et al. v. United...

Enforcing Non-Competition & Employment Agreements.
February 1, 2005... This article was originally published in Blakes Bulletin on Labour & Employment - February 2005 Article by Connie Reeve, 2005 Blake, Cassels & Graydon LLP Two types of clauses in employment and non-competition agreements frequently...

Accommodation - How Far Must Employers Go?
February 1, 2005... Originally published in Blakes Bulletin on Labour & Employment - February 2005 Article by Holly Reid, [c]2005 Blake, Cassels & Graydon LLP Canadian human rights legislation prohibits employers from discriminating against employees on...

Update on Discharge and Discipline.
February 1, 2005... This article was originally published in Blakes Bulletin on Labour & Employment in February 2005 Article by John-Paul Alexandrowicz & Lyndsay Wasser, [c]2005 Blake, Cassels & Graydon LLP Recent arbitration awards have addressed four...

Federal Water Rights Cases in the News.
February 2, 2005... By Roger W. Sims (Orlando) Originally published First Quarter, 2004 Water supply in the U.S. historically has been considered a matter of "right" by many landowners, particularly in the western regions. Fortunately, problems were...

Supreme Court Decides to Include Attorney's Fees in Plaintiff's Gross Income.
February 2, 2005... On January 24, 2005, the U.S. Supreme Court decided whether the portion of a judgment or settlement paid to a plaintiff's attorney under a contingent fee agreement is income to the plaintiff. The Court held that the entire recovery should be...

Banking Agencies Issue Basel II Implementation Guidance; FDIC Expands its Authority to Order Special Examination of Institutions Whose Primary Federal Regulator is Not FDIC.(Federal Deposit Insurance Corporation)
February 2, 2005... The four federal banking agencies (the "Agencies") issued guidance on Basel II implementation focusing on the role of each institution's primary federal supervisor in the implementation process. Some analysts believe, however, that this...

New Jersey Tax Court Rules That Joint License Agreement Created a Partnership and Required use of Separate Accounting Method.
February 2, 2005... The New Jersey Tax Court, in Chiron Corporation v. Division of Taxation 2004 N.J. LEXIS 20 (NJ Tax Ct., Docket No. 000120-1999), ruled that entry into a joint license, research and supply agreement created a partnership for New Jersey tax...

The Art of Construction Project Management in China.
February 2, 2005... Until December 1, 2004, project management services in China were largely unregulated. That is not to say that they were not being performed effectively and efficiently, but rather that the Ministry of Construction ("MOC") did not take an...

Training as the Critical Component of Bancassurance Partnership Search.
February 2, 2005... Distribution strategies in bancassurance Standard distribution model for bancassurance proves very successful in the early stages. It enables banks to generate early profits. Much of that early success lacks durability, however, and most...

MedPAC Votes to Recommend Changes in Medicare Policies for Imaging Services.(Medicare Payment Advisory Commission)
February 2, 2005... I. INTRODUCTION On January 12, 2005, the Medicare Payment Advisory Commission ("MedPAC"), an independent Congressional advisory panel, voted to recommend that Congress adopt a series of policy changes to promote more effective use of...

The Encroaching Jurisdiction of the European Bankruptcy Regulation.
February 2, 2005... In May 2002, the European Bankruptcy Regulation (Council Regulation (EC) 1346/2000 of 29 May 2002) ("the Regulation") came into effect. It applies to all members of the European Union other than Denmark, including those states that have...

Revisions to Hart-Scott-Rodino Act Thresholds.(Hart-Scott-Rodino Antitrust Improvements Act of 1976)
February 2, 2005... The Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") and its filing requirements, published in the Federal Register on January 31, 2005, adjustments to the...

New HIPAA Rules for Group Health Plans and Health Insurers.(Health Insurance Portability and Accountability Act of 1996)
February 2, 2005... Article by Kevin D. Lyles and Ned Milenkovich The Department of Health and Human Services has issued two sets of final regulations under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA") that will soon...

Anheuser-Busch v Budejovicky Budvar.
February 2, 2005... On 16 November 2004, the European Court of Justice (ECJ) gave its judgment in Anheuser-Busch v Budejovick[sup.2] Budvar, case C-245/02. Anheuser-Busch is the proprietor in Finland of the trade mark Budweiser, which it first applied for in...

Communications Law Bulletin - January 2005.(Federal Communications Commission)
February 2, 2005... The Month in Brief This month's biggest news is, of course, Chairman Powell's announcement that he will leave the Federal Communications Commission ("FCC" or "Commission") in March. That announcement, and its possible implications for the...

Distinctiveness in Registering 3D CTM: Frischpack v Ohim.
February 2, 2005... On 23 November 2004, the Court of First Instance (CFI) gave its judgment in Frischpack v OHIM (Forme d'une boite de fromage) Case T-360/03. The applicant sought to alter and then annul the contested decision made by the Board of Appeal in...

Narrow Claim Construction Avoids Invalidity Based on Prior Art.
February 2, 2005... Based on narrow claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's holding that ALZA Corporation's (ALZA) patent is not anticipated or obvious in view of the prior art and that the patent is not...

TMT Trends: predictions 2005 - A focus on the technology sector.
February 2, 2005... Foreword Welcome to the 2005 edition of Deloitte Touche Tohmatsu's Technology, Media and Telecommunications (TMT) predictions for the global technology sector. 2005 is set to be an incredibly diverse year in the world of technology,...

Employment Law 2005 Preview.
February 2, 2005... This month we look ahead and highlight some of the employment issues which are likely to hit the headlines in 2005. Probably the biggest change in employment law in 2005 will be the introduction of the Information and Consultation of...

Market Abuse - The EU Directive on Insider Dealing and Market Manipulation.(European Union)
February 3, 2005... Introduction The EU Directive on Insider Dealing and Market Manipulation (the "Directive" or "MAD"), aims to harmonise market abuse rules across the EU.1 Although the existence of the current UK market abuse regime means that we have...

Customs Seizures Throughout The European Union.
February 3, 2005... by Isabel Davies On 1 July 2004 European Union Regulation 1383/2003 came into force, simplifying the procedures for seizure by Customs of infringing goods throughout the EU. Businesses should consider their current customs seizure...

When are Trade Mark Rights Exhausted?(case between Peak Holding AB and Axolin-Eilnor AB)
February 3, 2005... Originally published January 2005 A recent case before the European Court of Justice has provided further clarification on the question of the exhaustion of trade mark rights in the European Union. The question of the exhaustion of...

The Shape of Things to Come (Outsourcing & Technology).
February 3, 2005... Originally published January 2005 The European Trade Marks Directive explicitly provides for the registration of the shape of products and their packaging as trade marks. However, case law over the years has shown that the registration of...

The Reinvention of Share Incentive Schemes.
February 3, 2005... 1 Prior to 26 October 2004 1.1 The taxation of gains realised by directors and employees under share incentive schemes was previously governed by the provisions of s8A of the Income Tax Act, 1962 ("the Act"). That situation has changed...

U.S. Supreme Court Rules That Courts May Grant U.S.-Style Discovery to Private Party That Filed Complaint With E.U. Commission.(United States, European Commission)
February 3, 2005... Article by Wilhelmina A. de Harder* Published in International Business Lawyer, December 2004. In Intel Corp. v. Advanced Micro Devices, Inc.,1 the U.S. Supreme Court2 resolved several important issues that will have a significant...

The WorldCom and Enron Settlements.
February 3, 2005... Originally published January 31, 2005 Earlier this month, outside directors of WorldCom and Enron agreed to use their personal funds to settle shareholder litigation arising from the collapse of their companies. In the WorldCom case, ten...

Unified Telecoms Licences For Hong Kong?
February 3, 2005... Mobile and fixed-line carriers may find themselves operating in the same space under a new unified licensing system as the Hong Kong telecommunications regulator considers how to best deliver the next generation of voice and high-speed internet...

Only Narrowing Amendments Operate to Preclude Equivalent.
February 3, 2005... To compose a proper inquiry, a user must understand the structure and content of the relational database as well as the complex syntax of the specific query language. These complexities generally prevent laypersons from drafting queries in...

Patentee's Demonstrated Knowledge of Prior Art Device Raises Inference of Materiality.
February 3, 2005... Affirming a district court finding of a case as "exceptional" predicated on a determination of inequitable conduct, the U.S. Court of Appeals for the Federal Circuit found that the patent owner's failure to disclose to the U.S. Patent and...

A Child Patent Inherits Its Parent's Limitations.
February 3, 2005... The patent claims were directed to a system for handling and positioning sections of well casing, which line a well bore to facilitate removal of oil or gas. Because of their size and weight, moving and positioning casings manually can be...

The Trade Mark Application With a Hole: The Shape of the Polo Mint.
February 3, 2005... It is rare for a court decision concerning the dry technicalities of trade mark law to make the front pages of the national daily press, yet this is precisely what happened with the recent Court of Appeal decision concerning an application to...

Stopping the Flow of Outsourcing?
February 3, 2005... For most people in the UK the word outsourcing tends to mean one thing - "sending jobs to India". Many British companies see outsourcing jobs offshore as an excellent way to reduce overheads and India's large skilled and English speaking...

Kirin-Amgen Inc and Others v. Hoechst Marion Roussel Limited and Others [2004] UKHL 46.
February 3, 2005... On 21st October, 2004 Hoechst Marion Roussel Limited and Transkaryotic Therapies Inc (together referred to as "TKT") won their five year battle against Kirin-Amgen Inc ("Amgen"). Background The dispute between Amgen and TKT relates to...

Round-up of Recent Developments (Charities).
February 3, 2005... Originally published September 2004 Public Benefit In June we issued a Briefing on the draft Charities Bill giving an overview of the main provisions. Over the Summer much has been written about the proposed new "public benefit" tests,...

California 2005 Labor & Employment Legislative Update.
February 4, 2005... Summary Action: State legislation enacted in 2004 has made significant changes to California employment law. Employee training requirements, privacy rights, discrimination protections, and domestic partner rights are all implicated. ...

"Good" may be "Good Enough" When it Comes to Suggestions to Combine Obviousness References.
February 4, 2005... The U.S. Court of Appeals for the Federal Circuit has held that obviousness can be shown where the prior art contains a motivation to combine, even if the motivation comes in the form of a somewhat half-hearted suggestion. In re Fulton, Case...

District Court's Refusal to Hear Declaratory Judgment Suit Found to be Abuse of Discretion.
February 4, 2005... Applying the "abuse of discretion" standard, the U.S. Court of Appeals for the Federal Circuit reversed a district court's dismissal of a declaratory judgment suit and remanded the case. Electronics For Imaging, Inc. v. Jan R. Coyle, Case No....

The Bookies Win Again?
February 4, 2005... British Horseracing Board v William Hill (European Court of Justice, November 2004) On 9 November 2004 the European Court of Justice ("ECJ") handed down its judgement in the case of BHB v William Hill. Hill The ECJ decision reversed...

International Co-Operation in Civil and Criminal Matters.
February 4, 2005... A country can request that a UK citizen be extradited to that country to stand trial for fraud and other criminal matters as long as the alleged offence is a crime in both countries and carries a prison sentence of more than one year. It...

Freehills Dominates M&A Work In 2004.(Company Profile)
February 4, 2005... The Thomson Financial M&A league tables for the full year 2004, released on 4 January 2005, show that Freehills has dominated its local and international competitors in all categories and on all measures in both the Australia/New Zealand and...

Costello's Announcement Reinforces Need For 'Culture Of Compliance'.
February 4, 2005... Freehills Competition Partner Bob Baxt stated today that the announcement by the Treasurer that criminal sanctions would be introduced into the Trade Practices Act enhances the need for a "culture of compliance" to be introduced and enhanced by...

OIG Issues New Hospital Compliance Guidance.(Office of Inspector General )
February 4, 2005... Article by Elizabeth S. Elson and Charles B. Oppenheim Summary Action: On January 31, 2005, the OIG issued new hospital compliance guidance identifying risk areas and offering compliance suggestions. This guidance updates and...

Shifting Paradigms In HRM.(human resources management )
February 4, 2005... Today, organizations are downsizing, rightsizing, terminating, and outsourcing. Executives must be concerned with Risk Management, Marketing, Sales, Strategic Planning, Financial Planning, Operations Management, Merger and Acquisitions,...

In Fight Over Board Game Deal, E-Mail Created Genuine Dispute Concerning Existence of Contract.
February 4, 2005... Reversing the district court's second grant of summary judgment, the U.S. Court of Appeals for the Federal Circuit held that genuine issues of material fact concerning the intent of the parties to enter into a contract precluded a grant of...

Euro - the New Dollar?
February 7, 2005... Rupert Lee-Browne, Managing Director at Caxton FX looks at the latest economic factors to affect the single currency and why it is getting stronger. "It is a brutal development. It will be discussed, but issues on exchange rates are to be...

Egregious Trademark Owner is Poster Child for "Exceptional Case" Doctrine.
February 7, 2005... Addressing the issue of the award of attorney's fees in a trademark litigation context, the U.S. Court of Appeals for the Seventh Circuit found that litigation misconduct by a defendant was sufficient to declare a case "exceptional" under the...

No Likely Confusion in the Ritz.(Ritz Hotel Ltd.)
February 7, 2005... Five trademark applications filed by The Ritz Hotel, Ltd. 20 years ago have finally cleared the opposition hurdle. In a precedential opinion, the U.S. Court of Appeals for the Federal Circuit reversed the part of the Trademark Trial and Appeal...

SEC Adopts Final Rules for Asset-Backed Securities - Part 1.(Securities and Exchange Commission)
February 7, 2005... In a release published in the Federal Register on January 7, 2005 ("Adopting Release"), the U.S. Securities and Exchange Commission ("SEC") adopted new and amended rules and forms ("Rules") to address comprehensively the registration,...

SEC Adopts Final Rules for Asset-Backed Securities - Part 2.(Securities and Exchange Commission)
February 7, 2005... Research Reports. In the Adopting Release, the SEC notes that the current SEC rules creating safe harbors for distribution of broker or dealer research reports in the context of a public offering28 do not correspond well to ABS offerings. The...

National Movement Against Economic-Development Incentives Makes Inroads in the Sixth Circuit and Raises Questions About Similar Incentives Elsewhere.
February 7, 2005... Until recently, it was generally accepted that an economic-development benefit granted to a company or industry, or to business in general (whether structured as a tax credit or as an outright cash grant) posed no federal constitutional...

No Super-Priority for Professional Compensation Claims.
February 7, 2005... Fees paid to lawyers and other professionals hired during the course of highly visible bankruptcy "mega-cases" involving troubled corporate giants such as Enron, U.S. Airways and Mirant are inevitably a magnet for criticism, given the...

Breaking the Chapter 11 Logjam: Court's 'Sua Sponte' Appointment of Chapter 11 Trustee not Abuse of Discretion.
February 7, 2005... The reorganization of a business under the aegis of chapter 11 of the Bankruptcy Code embodies a Congressional determination that the continued operation of a salvageable concern produces a net societal benefit. To promote that benefit, the...

SEC Final Rules for Regulation of Asset-Backed Securities.(Securities and Exchange Commission)
February 7, 2005... The following authors contributed to this article: New York: James Croke, Michael S. Gambro, Karen B. Gelernt, Karsten P. Giesecke, Anna H. Glick, Robert O. Link, Peter C. Manbeck, David S. Mitchell, Frank Polverino, Patrick T. Quinn, Y....

What Qualifies as a Famous-Mark Exception to the Territoriality Principle?
February 7, 2005... The U.S. Court of Appeals for the Ninth Circuit has now found that the famous-mark exception to the territoriality principle gave the owner of a famous mark superior geographical rights. While this exception was an appropriate theory of...

Freedom of Information: The Teeth of Contractual Consultation Obligations.(Astra Pharmaceuticals (NZ) Limited v Pharmaceutical Management Agency Limited case)
February 8, 2005... It is well known that the Freedom of Information Act 2000's right of access to information held by public authorities came into force on 1 January 2005. It is also known that commercial entities dealing with or otherwise providing...

Class Action Lawsuit Settlement Brings Relief to Thousands of Indiana Families.
February 8, 2005... A recent class action settlement brought successful closure to a problem with drastic effects on the lives of thousands of Indiana families represented by Plews Shadley Racher & Braun. The families bought homes built by Trinity Homes, LLC...

Internet Search Engine Results are Not Evidence of Actual Consumer Confusion.(Playtex Products Inc. v. Georgia-Pacific Corp. case)
February 8, 2005... The U.S. Court of Appeals for the Second Circuit agreed with the district court's finding that internet search engine results are of little value when trying to demonstrate "actual consumer confusion" in a trademark infringement case. Playtex...

Managing Open Source Software Risks In M&A Corporate Transactions.
February 8, 2005... Introduction Open source software usage has become quite pervasive and its use is growing rapidly. The infrastructure of the Internet (e.g., mail transports, web servers, and FTP servers) is largely based on open source applications. In...

Deloitte Weekly VAT News - Week Ended 04.02.05.(value added tax)
February 8, 2005... VAT avoidance - ECJ Opinion postponed The ECJ's Advocate General has postponed the delivery of his opinion in the cases of Halifax and others, which was to have been discussed at our breakfast briefing on 25 February. The Halifax opinion...

"Good Faith Belief" in DMCA Notice and Takedown Provisions Requires Subjective Standard.(digital millennium copyright act)
February 8, 2005... Addressing the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA), the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court's granting of summary judgment, adopting a "subjective standard" for the good...

Employee Qualified Under the ADA Loses Disability Status if Rejects a Position Offered by Employer.(age discrimination act)
February 8, 2005... Issues: If an ADA employee rejects a new position is that employee entitled to protection under the ADA? Court: U.S. Court of Appeals Sixth Circuit Holding: Plaintiff brought a lawsuit against her employer for discrimination based on...