Mondaq Business Briefing articles from February 2006

Mondaq Business Briefing archives from February 2006

Protection of Vulnerable Adults: Guardianship or the Court's Inherent Jurisdiction.
February 1, 2006... Originally published January 2006 The Mental Health Act 19831 provides for a Guardianship Order to be made if an individual is suffering from mental disorder (as defined in the Act)2 and it is necessary in the interests of the welfare of...

Mental Health Review Tribunals: a Miscellany of Recent Decisions.
February 1, 2006... Originally published January 2006 Standard of Proof The question of the correct standard of proof to be applied by the MHRT has been considered in previous cases. This has now been addressed definitively by the Court of Appeal1. ...

SEC Votes to Propose Sweeping Changes to Compensation Disclosure Rules.(Securities and Exchange Commission )
February 1, 2006... By Ettore A. Santucci, Marian A. Tse, Scott A. Webster, John R. LeClaire and Antonio G. Gomes Originally published January 27, 2006 On January 17, 2006, the Securities and Exchange Commission voted to propose the first comprehensive...

New Procurement Rules come into force.(for public contracts and utilities contracts)
February 1, 2006... The UK regime governing procurement by public bodies and by utilities has today been overhauled by the introduction of two new sets of regulations - The Public Contracts Regulations 2006 and The Utilities Contracts Regulations 2006. The...

Supreme Court Considers Nature of Confusion.(Trademark infringement case)
February 1, 2006... Published in Managing IP, December 2005/January 2006. The power of famous trade marks to attract consumers is enormous. But the extent to which trade mark law protects the value that such power generates is by no means clear. This is not...

Traditional Knowledge as Prior Art.
February 1, 2006... Traditional Knowledge of a community is in complete synchronization with their way of life. It is a dynamic entity constantly changing and evolving with generations and time. From time immemorial the members of the community in their everyday...

Protection of Bio-Diversity and IPR.(intellectual property rights )
February 1, 2006... Environment protection has become one of the major concerns in today's world of fast technological and economic development. Technology is applied to living species by the inventor to create a commodity out of it for commercial use and to...

Unsolicited Takeover Bids: Defensive Strategies.(shareholders rights)
February 1, 2006... Unsolicited takeover bids, also referred to as "hostile" or "contested" bids (since they are made without the support of management and the board of directors of the target company), are presented directly to the target company's shareholders....

OCC Authorizes National Bank to Sponsor and Invest in Derivative-Based Closed End Fund.(Office of the Comptroller of the Currency)(National Bank of America at Salina)
February 1, 2006... Developments of Note 1. OCC Authorizes National Bank to Sponsor and Invest in Derivative-Based Closed End Fund 2. ICI Issues Paper Providing Economic Analysis of Mutual Funds Compared to Institutional Accounts 3. NASD Proposes...

Developments in the public procurement rules applicable to the oil and gas sector.
February 1, 2006... By Judith Aldersey-Williams and Susan Hankey In past Law-Now bulletins we have referred to changes due to take place in the application of procurement legislation to the oil and gas industry. The new Regulations which implement updated EU...

Land Tax - Surcharge On Trusts.
February 1, 2006... The Victorian land tax treatment of properties held by trustees of trusts has changed. Subject to specified exclusions, properties held in all types of trusts will be subject to a surcharge of 0.375%. There are a number of specific...

The Marco Polo Programme & Cyprus: Financing the Motorways of the Seas.
February 1, 2006... The European Union, in a continuous effort to reduce road traffic congestion and enhance multimodal transport, encourages and helps finance modal shifts from road freight transport to rail, waterway and short sea transport. The Marco Polo...

FERC Adopts Final Rule Concerning Prohibition of Energy Market Manipulation.(Federal Energy Regulatory Commission)
February 1, 2006... Originally published January 24, 2006 By Jim Bushee, Jake Dweck, Dan Frank, Kirstin Gibbs, Keith McCrea, Rich Noland, Peter Rodgers, Andrew Soto, Paul Turner, Dena Wiggins The Federal Energy Regulatory Commission (FERC) has adopted,...

Global liability settlements - Lumberman's revisited.(Enterprise Oil Limited v. Strand Insurance Co Ltd)(Mutual Casualty v Bovis Lend Lease Proprietary Ltd.)
February 1, 2006... On 26 January 2006 the Commercial Court handed down an important decision in relation to what an insured must prove in order to recover from its liability insurers in relation to settlements. In the decision of Enterprise Oil Limited v. Strand...

Restrictions On Transactions Between Banks And Their Affiliates In Connection With Securitizations.(Federal Reserve Act)
February 1, 2006... By Anthony R.G. Nolan Originally published January 18, 2006 Securitization structures typically involve transfers of assets between a bank and its subsidiaries and may also involve other transactions with entities that control the bank...

Royalty Stacking: Tips for Licensors and Licensees.(Abbott Biotech Inc. and Cambridge Antibody Technology Group PLC patent infringement case)
February 1, 2006... By Adam Liberman and Amalia Stone In order to bring a product to market, a licensee may need to obtain rights from various rights holders. As a result, a licensee may be faced with a 'stack' of royalties to pay. A licensee will want its...

Global Sourcing Trends.(outsourcing)
February 1, 2006... Originally published January 2006 Global Sourcing Trends in 2006 At the start of 2006, we have once again informally surveyed the views of the partners in Morrison & Foerster's Global Sourcing Group based in Europe, the United States...

The Marco Polo Programme & Cyprus: Financing The Motorways Of The Seas.(to reduce traffic congestion on road financing transportaion industry to opt for other transport media)
February 1, 2006... The European Union, in a continuous effort to reduce road traffic congestion and enhance multimodal transport, encourages and helps finance modal shifts from road freight transport to rail, waterway and short sea transport. The Marco Polo...

Supreme Court limits breadth of Robinson-Patman Act in competitive bidding situations.(Volvo Trucks North America Inc. accused by Reeder-Simco GMC Inc. for price discrimination against dealers)
February 1, 2006... Originally published 26 Jan 2006 On January 10, 2006, the Supreme Court held that a manufacturer may not be held liable for secondary-line price discrimination (price discrimination that injures competition among the discriminating...

Cayman Calling - The Continuing Draw of the Hedge Fund Industry in the Cayman Islands.
February 1, 2006... With an estimated 75% of the world's hedge funds now domiciled in the jurisdiction, the Cayman Islands are continuing to strengthen their position as the world's number one offshore domicile for hedge funds. This comes as no great surprise...

SEC Proposes Rules to Ease the Deregistration Process for Foreign Private Issuers.
February 1, 2006... By William Greason & Sumantha R. Selvakumar On December 23, 2005, the SEC proposed rules to be embodied in a new Securities Exchange Act of 1934 rule, Rule 12h-6. Rule 12h-6 will make major changes to the current deregistration rules that...

Morgan Est Wins [pounds sterling]60 Million Croydon Cable Tunnel Contract.(Brief Article)
February 1, 2006... Morgan Est, the infrastructure services division of Morgan Sindall, has signed a [pounds sterling]60 million contract with National Grid for the design, build and commission of a new 10km cable tunnel between Beddington and Rowdown in the...

Innovations On Trial - The Home Builders Federation And Construction Products Association New Innovate For Homes Scheme Encourages House-Builders To Assess Innovative New Products From UK-Wide Suppliers.
February 1, 2006... These days, the UK house-building industry is increasingly driven by the need to find new and innovative products that are environmentally conscious, safer to work with and more cost-effective - which is why a new Innovate For Homes scheme has...

Constructing Excellence Launches Redesigned Website.
February 1, 2006... Constructing Excellence, today re-launched its web-site which includes major innovations focused on offering users more powerful and personalised search facilities that can be tailored to their preferences. Containing a wealth of information...

New Roof For Sheffield's Post Office.
February 1, 2006... Royal Mail's Sheffield Sorting Office will soon be a leak and damp-free zone as it is currently being fitted with a new Icopal Parathane Liquid Roof Waterproofing System. The building, which is located on Pond Street in the centre of the city,...

Technal Glazing Systems Specified For New Campus Development In Ireland.
February 1, 2006... Technal, part of Hydro Building Systems, has supplied a range of architectural aluminium glazing systems for a new campus development, which occupies a spectacular parkland setting at the University of Limerick in Ireland. Designed by Murray...

New British Made Rooflight Expected To 'Steel' The Show.
February 1, 2006... A new British made rooflight 'Lumen' is being launched at this year's National Homebuilding and Renovating Show (2nd - 5th March 2006, NEC Birmingham). Manufactured to sit flush, this low profile rooflight meets all the standard requirements of...

Employers Told To Be Vigilant Following Fake CSCS Card Bust.
February 1, 2006... CITB-ConstructionSkills and CSCS Ltd are calling on employers to exercise vigilance after the discovery of 91 fake cards (30 CSCS and 61 CTA/CPCS cards) in a Police raid. A man was arrested last week, following intelligence from...

Vacurain's Watertight Advantages.(JDP's syphonic drainage system )
February 1, 2006... A new syphonic drainage system for roof rainwater is being introduced into the UK by piping and drainage specialist, JDP, a subsidiary of DYKA Holland. Developed in response to the need for a quick, efficient and cost effective way to drain...

Innovative Services Support Kits From Kem Edwards Make Strut And Studding Simple.
February 1, 2006... Kem Edwards, suppliers to the construction services industry nationwide, have launched an innovative new strut and studding package to aid first fix installations, where pre-cut lengths and all required fixings arrive on-site ready for...

New Partnership Delivers Fast Track, High Quality Construction.
February 1, 2006... Kingspan Insulated Panels has played an important role in helping Slough Trading Estate cut down construction time on an innovative fast response service. The service developed by Slough Trading Estate creates an entirely new building from...

'Bling Bling'- Liverpool's New Gem.
February 1, 2006... Solaglas Contracting North are currently fabricating one of the most striking buildings in Liverpool's city centre. Designed by renowned architect, Piers Gough of CZWG and nicknamed 'The Bling Bling Building', the five storey structure is...

A Decade Of Growth For Pipe Center Stainless.
February 1, 2006... Wolseley UK's Pipe Center, a leading distributor of commercial and industrial plant and pipework systems, is celebrating the tenth anniversary of the launch of its specialist stainless steel operation. Originally based at Pipe Center's...

Marley Eternit - Roofing Solutions That Don't Cost The Earth.
February 1, 2006... Marley Eternit, the UK's leading roofing manufacturer, has worked with new homes developer Crest Nicholson to address some of the challenges posed by Planning Policy Guideline 3 (PPG3) in the Village Quarter of Port Marine in Portishead, a...

Letchworth Roofing Install Over 30 New Roofs At Stoke Mandeville Hospital.
February 1, 2006... Letchworth Roofing has recently completed a major roofing project involving the installation of 34 separate roofs at the Stoke Mandeville Hospital near Aylesbury in Buckinghamshire. The development is a PFI joint venture involving McAlpine...

New Doors-For-Ward Contract Secured Through Impressive Quality And Customer Service.
February 1, 2006... A Shropshire company had its long-term reputation for providing quality products and service enhanced after receiving an order from a customer impressed by work he remembered from a similar project almost ten years ago. Ludlow based Hazlin...

When is a Compromise Agreement not a Compromise Agreement?(employment law)
February 2, 2006... Sejal Raja reports on a Court of Appeal Judgment handed down recently which deals with the requirements necessary to achieve a valid Compromise Agreement. For Compromise Agreements to be valid they need to comply with Section 203 of the...

Cash Flow on PFI Projects.(Midland Expressway Ltd. and Carillion Construction Ltd's disputes)
February 2, 2006... Since the introduction of the Housing Grants Construction and Regeneration Act 1996 (the Act) lawyers have been grappling with the question of how PFI projects are affected by the way the Act operates. There were two particular issues. ...

Section 2 Detention and Incapable Patients - House of Lords Decision.(mentally ill persons civil rights)
February 2, 2006... Originally published December 2005 We recently reported in Briefing No. 88, the Court of Appeal's decision in R (M H ) -v- Health Secretary [2004]All ER (D) 64, where S.2 and S.29(4) of the Mental Health Act 1983 were found to be...

National Competition Law Report - Q4 2005 - Switzerland.
February 2, 2006... Policy and Procedure Notice on De Minimis Exemptions On December 21 2005, the FCC issued a final Notice on de minimis exemptions to restrictive agreements. The FCC only made formal amendments to the draft notice that had been submitted...

TMT Trends: Predictions, 2006 - A Focus on the Telecommunications Sector.(Technology, Media and Telecommunications )
February 2, 2006... Foreword Welcome to the 2006 edition of Deloitte Touche Tohmatsu's (DTT) Technology, Media and Telecommunications (TMT) predictions for the global telecommunications sector. These predictions are the result of comprehensive research...

TMT Trends: Predictions, 2006 - A Focus on the Media Sector.(Media and Telecommunications)
February 2, 2006... Foreword Welcome to the 2006 edition of Deloitte Touche Tohmatsu's (DTT) Technology, Media and Telecommunications (TMT) predictions for the global media and entertainment sectors. These predictions are the result of comprehensive...

TMT Trends: Predictions, 2006 - A Focus on the Technology Sector.
February 2, 2006... Foreword Welcome to the 2006 edition of Deloitte Touche Tohmatsu's (DTT) Technology, Media and Telecommunications (TMT) predictions for the global technology sector. These predictions are the result of comprehensive research...

New Rules for Labeling and Importation of Cosmetics in Canada.
February 2, 2006... This article first appeared in the Nov/Dec 2005 issue of Update. Reprinted with the permission of the Food and Drug Law Institute (FDLI) [c] 2005. Canada's Cosmetic Regulations1 were amended in November 2004 to require the listing of...

FERC Proposes Rules Regarding Standard Of Review For Contracts.(Federal Energy Regulatory Commission)
February 2, 2006... Courts have differed on the standard of review applicable to contracts between individual parties where the contracts are silent with respect to the rights of the parties to seek a change in the contract rates, terms and conditions. On December...

Commission Proposals to Kick-start Damages Actions in Competition Cases.(European Commission)
February 2, 2006... The European Commission has taken its first step in encouraging greater private enforcement of competition law. In its recent Green Paper, it highlights the main obstacles to bringing damages actions for breach of EC competition law and...

Mishcon Fraud Watch.(Financial Services Authority urged banking industry to fight against online banking fraud)(Network Rail Infrastructure Ltd.'s identity theft)(HM Revenue and Customs's employees being investigated for tax evasion)
February 2, 2006... Welcome Welcome to the February edition of Mishcon Fraud Watch, prepared by the Corporate Investigations & Asset Recovery Group at Mishcon de Reya and designed to provide businesses and their advisors with a snapshot of what has been...

Intellectual Property Litigation Group Joins New York Office.(McDermott Will and Emery)
February 2, 2006... NEW YORK, NY (November 14, 2005) - McDermott Will & Emery is further enhancing its 175+ lawyer Intellectual Property, Media & Technology Department with the addition of a New York-based intellectual property litigation group, led by Dennis...

Environment calendar - January 2006.(Brief Article)(Calendar)
February 2, 2006... 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...

Working overseas: when can the employee still claim unfair dismissal?
February 2, 2006... The House of Lords has finally handed down its decision in relation to three cases where the central issue was the employee's ability to bring a claim of unfair dismissal before an Employment Tribunal in Great Britain in circumstances where the...

IT industry stands up to government on ID Cards Bill.
February 2, 2006... The House of Lords dealt a massive blow to the government on 16 January 2006 by blocking the ID Cards Bill until the Home Office makes known the full costs of the bill public and allows the National Audit Office to scrutinise the scheme. A...

Electronic Disclosure Of Documents.
February 2, 2006... The disclosure obligations of a party to litigation can extend not only to paper documents but also to hard drives, laptops, servers and any other media on which data might be found. A party must conduct a reasonable search for, and disclose,...

Getting Back To Symantecs: The Battle For Internet Security.
February 2, 2006... In the USA, Symantec has filed a lawsuit against Hotbar.com over Symantec's right to classify certain Hotbar programs as 'adware'. The lawsuit highlights the legal problems that internet security firms are facing in their attempts to define...

Software Development: The Dangers Of Staying Silent.(Clearsprings Management Ltd accused Businesslink Ltd for patent infringement)
February 2, 2006... As a recent decision of the High Court illustrates, it is vital for customers to ensure that their software development contracts contain appropriate provisions dealing with intellectual property rights. Where an independent contractor is...

Thelen Reid Scores Another Big Win for All California Employers in Meal and Rest Period Case.(Thelen Reid and Priest LLP )
February 3, 2006... For the second time in just six months, Thelen Reid & Priest LLP has won a major appellate victory benefiting all California employers. In Mills, et al. v. Bed Bath & Beyond Inc. (January 27, 2006) 2006 WL 198588, the California Court of...

CIGA and Specific Excess Policies.(California Insurance Guarantee Association and insurance policies for employees)
February 3, 2006... The following information is of interest to self-insured employers who need guidance regarding a new law that redefines the responsibilities of the California Insurance Guarantee Association ("CIGA") under specific excess workers compensation...

Getting to Know (and Love) the Short-Term Deferral Rule.(American Jobs Creation Act of 2004)
February 3, 2006... In its efforts to reform the rules governing deferred compensation as a part of the American Jobs Creation Act of 2004 (the "Act"), Congress chose to legislate broadly and to leave it to the regulators to adopt the necessary exceptions and...

Preventative Medicine: The Benefits of an Effective Antitrust Compliance Program.
February 3, 2006... In case businesses and their managers have not yet taken seriously the admonition that the development, implementation and continuous review of a comprehensive antitrust compliance program is an absolute necessity, perhaps statistics recently...

The Consolidation of the Russian Oil and Gas Market - Year 2006.
February 3, 2006... By Sally Ramage[TM]1 One of the most important challenges for economic policy is the process of globalisation and traditional governance concepts based on sovereign nation-states. This is the reason why alternative modes of governance...

Supreme Court Adopts More Restrictive Application of Robinson-Patman Act.(Volvo Trucks North America Inc. and Reeder-Simco GMC Inc. antitrust case)
February 3, 2006... Last week, the U.S. Supreme Court adopted a more restrictive test for buyers to prove injury to competition from price discrimination under the Robinson-Patman Act. In a majority opinion by Justice Ginsburg, the Court reversed the Eighth...

Whose On-Line Is It Anyway?(E! Entertainment Television Inc. and Deutsche Telekom AG patent infringement case)
February 3, 2006... A recent appeal from the UK Trade Marks Registry to the High Court has emphasised the need for trade mark owners to file evidence correctly, particularly when seeking to establish a reputation in a mark.1 E! Entertainment Television Inc...

Dominion Investments (Nassau) Ltd.(selected as member of Dominion Investments (Nassau) Ltd.)(Brief Article)
February 3, 2006... Nassau, Bahamas - February 3, 2006: In light of the action taken by the Securities Commission of The Bahamas and in accordance with the Memorandum & Articles of Association of the Bahamas Financial Services Board ("BFSB"), the membership of...

Securities Commission of The Bahamas.(Tracing and Forfeiture of Proceeds of Drug Trafficking Act)(Money Laundering Act 1996)
February 3, 2006... Dominion Investments (Nassau) Ltd. The Bahamas' Anti-money Laundering Record. The Bahamas has an excellent record, dating back to 1987, for robust Anti-Money Laundering arrangements. The Bahamas first criminalized the proceeds of drug...

California Court of Appeal Rules That a Class Action Waiver in an Arbitration Agreement is Valid in an Employment Case.(varied decisons of court in cases of administrative arbitration Discover Bank abd Gentry Ltd.)
February 3, 2006... On January 19, 2006, California's Second District Court of Appeal published its opinion in Gentry v. Superior Court (Case No. B169805). Gentry potentially is of major significance to all employers in California, as it upheld a clause contained...

IRS Issues Final Regulations Allowing Foreign Merger Section 368 Reorganizations.(Internal Revenue Service)
February 3, 2006... The IRS has issued final regulations defining the term "statutory merger" or "consolidation" as it is used in Internal Revenue Code (Code) Section 368(a)(1)(A) (an "A Reorganization). The new regulations also affect statutory mergers or...

Delay to fire legislation.(fire safety regulations for businesses by Office of the Deputy Prime Minister being delayed)
February 3, 2006... The office of the Deputy Prime Minister (ODPM) announced on 12 January 2006, that the coming into force of Regulatory Reform (Fire Safety) Order 2005 will be delayed. The decision to delay the legislation is intended to allow businesses and...

Environment calendar - February 2006.(Environmental policy)(Brief Article)(Calendar)
February 3, 2006... 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...

Long term gas supply contracts - prohibition decision.(Ruhrgas AG gas suplly contracts prohibited by Bundeskartellamt)
February 3, 2006... The German competition authority (Bundeskartellamt) has prohibited the following gas supply contracts of E.ON Ruhrgas with its distributors: already existing contracts which run over a long-term period (at least until 2020) and cover more...

Disability Discrimination Legislation Broadened.
February 6, 2006... Originally published December 2005 A raft of new provisions relating to disability discrimination came into force on 5 December. One of the most significant changes will be the amendment of the definition of "disability" under the...

Religious Belief Regulations.
February 6, 2006... Originally published December 2005 In December 2003, the Employment Equality (Religion and Belief) Regulations ("the Regulations") came into force. Sejal Raja and Rebecca Watson consider what impact these Regulations have had in the...

EU Proposals For Harmonization Of Criminal Measures To Combat Counterfeiting And Piracy.
February 6, 2006... The European Commission has recently approved a proposal for a Directive and a proposal for a framework decision aimed at harmonizing the criminal measures that every member State uses to fight both counterfeiting and piracy. This...

A Liquidator's Allegiance: To a Settlement Agreement or to the Law?
February 6, 2006... By Tim Fletcher and Zahira Bhana Company A owed rent to Company B and a large amount of unpaid tax to the South African Revenue Service (SARS). A was liquidated but had no assets because an associated company C had taken over its assets...

M&A Development: SEC Proposes to Amend Tender Offer.(mergers and acquisitions)(Securities and Exchange Commission)
February 6, 2006... Executive Summary. In recent years cash mergers have been used more frequently than cash tender offers, in part due to concerns that target employment, severance or other compensatory arrangements might be deemed to violate the SEC's...

Algoma Properly Called Its March 22 Special Meeting of Shareholders in Response to Paulson Requisition.(Algoma Steel Inc.)
February 6, 2006... Algoma Steel Inc. is not required to advance the date of its special shareholder meeting, set for March 22, 2006, held the Ontario Superior Court of Justice, which rejected an application by U.S.-based hedge fund Paulson & Co. Inc. to have the...

USPTO Clarifies Criteria for Patentable Subject Matter.(United States Patent and Trademark Office)
February 6, 2006... Two developments in the United States may mean that it will be easier to patent business methods, software and similar types of inventions. In Ex parte Lundgren, the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences...

Court Clarifies the 'In Duplum' Rule.(Verulam Medicentre (Pty) Ltd.)
February 6, 2006... There has been much debate in the past about the meaning and effect of the in duplum rule. Any uncertainty has been clarified by a recent judgement of the Supreme Court of Appeal, delivered in September 2005 in the matter of Ethekwini...

FERC Issues Proposed Rules Modifying Mandatory Purchase Obligation from Qualifying Facilities (QFs).(Federal Energy Regulatory Commission)
February 6, 2006... On January 19, 2006, FERC issued the latest of its proposed rules implementing the Energy Policy Act of 2005 (EPAct 2005). Section 1253 of EPAct 2005 added Section 210(m) to the Public Utility Regulatory Policies Act of 1978 (PURPA), and...

Appeals Court Reverses "Chilling" Decision on Class Action Certification.
February 6, 2006... By Kenneth Dekker and Michael Binetti, Student-at-Law In its recent unanimous decision in Pearson v. Inco.1, the Ontario Court of Appeal overturned the decision of Superior Court Justice Ian Nordheimer that refused to certify an...

Limited License Term Can Defeat Licensee's Standing to Sue.(Aspex Eyewear Inc. and Contour Optik Inc. accused Miracle Optics Inc. for patent infringement)
February 6, 2006... Addressing for the first time the issue of whether an exclusive patent licensee, with all substantial rights to a patent but for only a limited portion of the patent term, had standing to bring suit on the patent, the U.S. Court of Appeals for...

Double or Nothing: How Much Can We Bet on Phillips?(NCUBE Corp. accused SeaChange International Inc. for patent infringement)
February 6, 2006... After the district court broadly construed the claims, a jury found SeaChange to have willfully infringed the patent in suit, both literally and under the doctrine of equivalents, and awarded nCube double actual damages and its attorney fees....

D.C. Prescription Drug Excessive Pricing Act Found Unconstitutional.
February 6, 2006... On December 22, 2005, the U.S. District Court for the District of Columbia ("Court") found that D.C.'s Prescription Drug Excessive Pricing Act of 2005 ("Act") (1) violated the Supremacy Clause because of its conflict with federal patent laws,...

Tackling the Problem of Company Name Piracy.
February 6, 2006... The unauthorized registration of company names comprising well-known trademarks is becoming an increasing problem in Hong Kong. Such "shadow companies" frequently carry on no active business in Hong Kong, but are used to attempt to legitimize...

Welcome Home: Bringing Outsourcing Back In-House.(outsourcing trends)
February 6, 2006... Recently, a number of organisations have begun to re-examine their outsourcing arrangements and are bringing outsourced functions back in-house, a process called "insourcing". Insourcing is not always the answer to the problem of a "failed"...

Are "Best" Or "Reasonable" Endeavours Good Enough?(contract clauses)
February 6, 2006... In practice, best or reasonable endeavours obligations are less onerous than you might expect. Although there is an understandable temptation to agree to best or reasonable endeavours obligations in order to reach agreement on contract terms...