Mondaq Business Briefing articles from January 2003

Mondaq Business Briefing archives from January 2003

Pension and Executive Compensation Reform in the Wake of Enron Corporation.
January 3, 2003... Background Many publicly held companies allow employees to invest their retirement plan assets in company stock. With the collapse of Enron Corporation and with other publicly held companies admitting to accounting irregularities,...

Sarbanes-Oxley Isn[acute accent]t The Only Federal Law Increasing The Accountability Of Executives: OSHA Joins The Game, Too.
January 3, 2003... Much has been written about the provisions in the new Sarbanes-Oxley Act making executives more accountable for the accuracy of their firm's SEC disclosures. What has received less attention, but could be even more important to many executives,...

No Fault - "Household Exclusion" - MCL 500.3123(1)(b).(Michigan Supreme Court case; can't recover damges for self-caused accident)
January 3, 2003... The Michigan Supreme Court recently decided that a driver who damages his own property may not recover for the damage under his rented vehicle's No Fault policy. State Farm Fire & Cas. Co. v Old Republic Ins. Co., 466 Mich 142; 644 NW2d 715...

Okay to Use Examinations Under Oath in No Fault Case.
January 3, 2003... The Michigan Supreme Court recently approved the use of an Examination Under Oath ("EUO") in a no-fault case. Cruz v State Farm, 466 Mich 588; 648 NW2d 591 (2002). However, an insured's failure to submit to an EUO cannot provide the sole...

Intellectual Property and Business Strategy.
January 3, 2003... Intellectual property --- patents, copyrights, trade secrets and trademarks --- is extremely valuable to businesses in today's global economy and should be foremost in many businesses' planning. But many attorneys do not understand how and why...

An ESOP-Owned Corporation and Its Board of Directors.(employee stock ownership plan)
January 3, 2003... Recent business headlines have been awash with stories of corporate fraud, misleading financial statements, mismanagement and breakdowns in corporate governance at large publicly held corporations. The President and Congress have worked...

Corporate Governance - ABI Launches New Guidelines On Executive Remuneration.(Association of British Insurers)
January 5, 2003... For many years, the Association of British Insurers (ABI) has published guidelines on share-based incentive schemes. In recent years the ABI has moved towards supporting annual grant policies (coupled with a relaxation of the historic "four...

Lessons From 2002 For Contract Negotiators and Draftsmen.(Column)
January 5, 2003... 2002 was a busy year in contract law. Cases like the high profile litigation between the Football League and Carlton and Granada made the headlines and explored fundamental contractual issues such as contract formation, authority, and the...

New Federal Grant Money Available to Developers.
January 6, 2003... The United States Environmental Protection Agency (EPA) recently issued guidance designed to assist developers and governmental entities anxious to tap into new federal grant monies. This EPA guidance follows the January 11, 2002, enactment of...

SEC Proposals Address Financial Disclosure Sarbanes-Oxley Rules - Off-Balance Sheet Arrangements, Use of Non-GAAP Financial Measures and Filing of Earnings Releases.
January 6, 2003... On November 4 and 5, 2002, the SEC proposed new rules to implement Sections 401(a) and 401(b) of the Sarbanes-Oxley Act of 2002 (the Act). The proposed rules would require disclosure in the Management's Discussion and Analysis of Financial...

Forewarned and Forearmed: Cash-Balance Plans Revisited.
January 6, 2003... By David L. Wolfe and Gary W. Howell Originally published in the November, 2002 issue of PlanSponsor magazine. As the stock market "correction" continues, post-Enron shakeout reverberates throughout the 401(k) industry, and baby...

What Every Employer Needs to Know About the HIPAA Privacy Rules.(Health Insurance Portability and Accountability Act of 1996)
January 6, 2003... By Timothy J. Stanton, Kathleen S. Scheidt and Sarah Bassler Millar It's really going to happen. That's what more employers are thinking since the Department of Health and Human Services ("DHHS") on August 14 produced its "final"...

Airline Regulatory ECJ Rules on Open Skies Bilaterals.
January 6, 2003... Article by Richard Gimblett and Sue Barham Commission v United Kingdom, Denmark, Sweden, Finland, Belgium, Luxembourg, Austria, Germany Judgment in cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C-472/98, C-475/98 and C-476/98...

European Aviation Safety Agency.(proposed)
January 6, 2003... Article by Jeremy Shebson and Luke Foord-Kelcey We last reported on the proposals for the EASA ("the Agency") in BLG Aviation News Issue 8 (p5). After preliminary proposals as long ago as 1996, the adoption on 15 July 2002 of a European...

Contaminated Land - The UK Regime is Getting Ready to Bite.
January 6, 2003... The contaminated land regime, set out in Part IIA of the Environmental Protection Act 1990, came into force in England in April 2000. Those in the UK aviation industry - in particular manufacturers and airports - should note the provisions of...

China's Developing Logistics Sector.
January 6, 2003... Logistics is Asia's fastest-growing sector and, with China's entry into WTO and fast growing economy, China's logistics industry faces a development opportunity, as well as an austere challenge. Simple and timely access to a viable air...

EU Air Carrier Liability Regulation Updated.(European Union)
January 6, 2003... In the last issue of BLG Aviation News we commented on some of the main changes to Regulation 2027/97 on air carrier liability in the event of accidents. Here we address the revised notification requirements and issues surrounding the point at...

IRS Issues Guidance on Plan Amendments for Deemed IRAs.
January 6, 2003... The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) added section 408(q) of the Internal Revenue Code (Code), which allows qualified retirement plan sponsors to offer "Deemed IRAs" under their plans beginning on January 1,...

2003 Physician Fee Rules Released.(to Medicare contractors)
January 6, 2003... CMS released to Medicare contractors (with instructions to keep it a secret until after the final was published) Transmittal AB-02-181 on December 23, 2002. Two points are particularly noteworthy: (1) physicians will have until February 28 to...

Drugs Treated As Supplies In HOPD.(hospital outpatient department )
January 6, 2003... As promised in its final rule for Outpatient PPS for CY '03 (published in the November 1, 2002 Federal Register), CMS has published further guidance in Transmittal A-02-129, dated January 3, 2003, on its new coverage policy for certain...

WA.(Western Australia's environmental legislation )
January 6, 2003... Mallesons Stephen Jaques' Environment Partner Chris Stevenson said today, "The Contaminated Sites Bill 2002 is the most important piece of environmental legislation introduced in WA in a decade. It will affect land owners, occupiers, lenders,...

Mayer, Brown, Rowe & Maw LLP Advises Key Property Investments In [pounds sterling]112 Million Portfolio Acquisition From ALSTOM.
January 6, 2003... The Mayer, Brown, Rowe & Maw LLP has advised Key Property Investments in its acquisition and leaseback of a portfolio of properties from ALSTOM for circa pound sterling112m. The Portfolio comprises 19 properties in total, 17 in England and...

Vinson & Elkins Announcements: Board Certified Attorneys.(Susan Feigin Harris, Debbi Johnstone board certified in health law)(Brief Article)
January 6, 2003... Vinson & Elkins is proud to announce that V&E Health Industry Group attorneys Debbi Johnstone and Susan Feigin Harris have become two of the first attorneys in the State of Texas to pass the written examination and be declared "Board Certified...

IRS Issues Guidance on Minimum Required Distribution Rules.
January 6, 2003... On December 20, 2002, the Internal Revenue Service ("IRS") published two notices and a revenue procedure making several important changes to the minimum required distribution ("MRD") rules. Background Section 401(a)(9) of the Internal...

Annual Report and Accounts and Preparing for the AGM in 2003.
January 6, 2003... This briefing sets out a list of issues that have arisen over the last 12 months of which you should be aware in the preparation of your annual report and accounts and in the preparations for your next AGM. Corporate Governance ABI...

Claiming Relief From Capital Gains Tax After Mansworth v Jelley.
January 6, 2003... The Inland Revenue has provided some guidance on how it will treat options following the recent Court of Appeal decision in Mansworth v Jelley. The case may have favourable implications for anyone who has acquired shares as a result of...

SEC Issues Proposed Rule Implementing Section 307 of the Sarbanes-Oxley Act re Standards of Professional Conduct for Attorneys.
January 7, 2003... In Anticipation of the Final Rule, Public Companies Should Consider Now the Benefits of Establishing a "Qualified Legal Compliance Committee" The Proposed Rule: Section 307 of the Sarbanes-Oxley Act of 2002 (the "Act") requires the...

Information Flash - Unconstitutionality of Income Tax Exemption on Year-End and Other Bonuses Paid to Bureaucrats.(Brief Article)
January 7, 2003... We already informed you that the Supreme Court of Justice of the Nation recently established jurisprudence where it considered that the restriction set forth in article 109-XI of the Income Tax Law is unconstitutional because it exempts from...

Proposed Reform of Corporation Tax.
January 7, 2003... In August 2002, the Government published a consultation document for the reform of the UK corporation tax system. It follows closely on the heels of the changes made to corporation tax in Finance Act 2002, which included the new substantial...

Vinson & Elkins Forgoes Gifts To Clients.
January 7, 2003... (Houston, TX) December 20, 2002- Each holiday season, law firms across the country spend significant amounts of money remembering their clients, through gifts such as crystal vases, wine, golf clubs, and over-priced mouse pads. But this...

Marie Yeates Honored As Outstanding Woman Leader.
January 7, 2003... (Houston, TX) November 22, 2002 -Texas Executive Women honored Vinson & Elkins Partner Marie Yeates for her success in business and involvement in the community at the Women on the Move Luncheon in Houston on November 21, 2002. The honor...

Tax, Employment and Pensions.
January 7, 2003... On 7 November 2002 the International Accounting Standards Board ("IASB") published "ED 2 Share Based Payments", an exposure draft setting out the recommended IASB accounting treatment of options, grants and share awards to employees. Comments...

Pensions Blackout Periods - SEC and DOL Proposed Rules.
January 7, 2003... This article summarizes regulatory guidance recently issued under Section 306(a) and 306(b) of the Sarbanes-Oxley Act (the "Act") with respect to blackout periods under individual account retirement plans Section 306(a) of the Act...

World Trade Organization.(Non-Tariff Trade Barriers: Customs Valuation)
January 7, 2003... Non-Tariff Trade Barriers: Customs Valuation and the WTO While China has cut tariffs on imported goods as per its WTO commitments, as is often the case, the devil is in the details. And, in the case of tariff assessments, one such key...

Claim Construction Embraced on First Appeal Not Immune to Reversal on Second Appeal.(Middleton Inc. v. Minnesota Mining & Mfg. Co.)
January 7, 2003... In the second appeal in this particular litigation, the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment, rejecting the very claim construction it appeared to embrace during the prior appeal. In a further exercise in...

Claim for Declaratory Relief of Patent Non-infringement Sufficient for Federal Circuit Jurisdiction.
January 7, 2003... Applying the standard announced by the U.S. Supreme Court in Holmes Group, Inc. v. Vornado Air Circulation Sys., Inc., the U.S. Court of Appeals for the Federal Circuit found that it had appellate jurisdiction over a case because the complaint...

Insurance Update - Terrorism Risk Insurance Act.
January 7, 2003... By Steven R. Gilford, Lawrence R. Hamilton, Marc E. Rosenthal, Richard Warren Shepro and John A. Sloat In the wake of September 11, policyholders and insurers have been concerned about the availability of insurance coverage for any future...

Information Flash - Mandatory Application of Supreme Court of Justice Jurisprudence.
January 7, 2003... The Full Session of the Supreme Court of Justice of the Nation recently established jurisprudence that is mandatory for all Mexican tribunals, to the effect that the Federal Tribunal of Fiscal and Administrative Justice (formerly Federal Fiscal...

The Sarbanes-Oxley Act of 2002 (the "Act") is Much More Than a Tightening of Corporate Reporting Requirements.
January 7, 2003... By Trip Mackintosh, Esq. The Sarbanes-Oxley Act of 2002 (the "Act") is much more than a tightening of corporate reporting requirements. We believe the Act has altered significantly the prosecutorial landscape on which Justice Department...

Financial Summary on North America, Europe and Asia-Pacific Regions.
January 7, 2003... North America The ISM manufacturing index spiked up unexpectedly, last week, and U.S. equity indices followed suit. There weren't too many bears around and the beginning-of-year good mood got off to a roaring start among the bullish folk....

Arbitration Update.(news items related to arbitration)
January 7, 2003... The New Face Of Arbitration In Thailand On 30 April 2002 a new Arbitration Act came into force in Thailand. The Thai Act is modelled on the UNCITRAL Model Law on International Commercial Arbitration. This is a substantial change from the...

When Is a Sugar "Mobile?" Oh, Whenever.(U.S. Court of Appeals)
January 8, 2003... Reversing two district court opinions, the U.S. Court of Appeals for the Federal Circuit again emphasized that it will not limit claim terms by the specification and that prosecution history must be unambiguous to be limiting. Inverness Medical...

Failure to Object to the Defendant's Proposed Name Change May Preclude Later Challenge.(trademarks)
January 8, 2003... The U.S. Court of Appeals for the Second Circuit has held that a trademark owner's failure to respond to the defendant's proposed name change constitutes acquiescence, which may preclude the trademark owner from later challenging the junior...

Posting of DVD Decryption Code on Internet Website Insufficient to Confer Personal Jurisdiction in California.(California Supreme Court)
January 8, 2003... In a 4-3 decision, the California Supreme Court has held that an out-of-state defendant who allegedly posted DVD decryption computer code on a website is not amenable to personal jurisdiction under California's Long-Arm Statute and the "effects...

Translation of Prayer Book Has Sufficient Originality to Qualify for Copyright Protections.
January 8, 2003... The U.S. Court of Appeals for the Second Circuit, affirming the district court, held that a translation of a prayer book has sufficient originality for copyright protection, Merkos L'Inyonei Chinuch Inc. v. Otsar Sifrei Lubavitch Inc., Case No....

Software Patents in Europe.
January 8, 2003... November 2002 saw progress but still no agreement on the correct level of patent protection for software in Europe. As many readers will know, the current European Patent Office (EPO) Proposed Directive on Computer Implemented Inventions was...

District Court Approves Settlement Between Microsoft and Federal Government.
January 8, 2003... In approving a proposed settlement of the antitrust action brought by the U.S. Department of Justice against Microsoft Corp., Judge Kollar-Kotelly of the U.S. District Court for the District of Columbia issued two opinions. In the first, she...

Thin Capitalisation - the Thin End of the Wedge?
January 8, 2003... German thin capitalisation rules have been held to breach EU law because they discriminated against German subsidiaries of overseas parent companies. This was the decision of the European Court of Justice in the Lankhorst-Hohorst case,...

International Trade Update.
January 8, 2003... Steel Update Second Meeting Held In WTO Challenge Against US Section 201 Safeguard Measures The World Trade Organization (WTO) dispute settlement panel examining the challenge of eight Members against the US Section 201 safeguard...

RadcliffesLeBrasseur Acts for Dental Practice Board in [pounds sterling]33 M IT Outsourcing Deal.(information technology; Dental Practice Board for England and Wales)(Brief Article)
January 8, 2003... Law firm RadcliffesLeBrasseur have advised The Dental Practice Board for England and Wales (DPB) in relation to a pound sterling33m agreement for the outsourcing of various IT functions to IBM as part of the DPB's IT and e-business strategy....

Do Ethics and Corporate Finance Mix?(Column)
January 8, 2003... There are people and professions we all love to hate. The Traffic Warden, they're all jumped up little Hitler's aren't they; the Estate Agents, wide boys that do what for their money? Lawyer, I need to be careful what I say as I can't afford...

Second Circuit Decides When A "Plan" Is (Or Is Not) A Plan.(finds that summary of proposed benefits was the "plan" for purposes of Employee Retirement Income Security Act)
January 8, 2003... With various courts having found summary plan descriptions and other "non-plan" documents distributed to participants to create binding obligations on sponsors, it seems obvious that every such document should be viewed as a potential source of...

Retirement Savings Resolutions For 2003.
January 9, 2003... Time to make a list of resolutions for 2003 and the possibilities are almost infinite. Alone with joining a health club to get in better shape, consider including a few that will get your 401(k) plan in better shape. Here are five...

European Imperative.
January 9, 2003... Summary: Volume 150, No 3888 19 December 2002 Date originally published: 19/12/2002 FINTAN CLANCY, solicitor examines some recent changes in European Union law. EUROPEAN UNION LAW relating to direct taxation is constantly...

Strained Relations.
January 9, 2003... Summary: Volume 149, No 3876 26 September 2002 Date originally published: 26 September 2002 FINTAN CLANCY examines the relationship between European Union law and United Kingdom dividend taxation. THE TREATY OF Rome, signed in...

Arsenal v. Reed: In the European Court of Justice and in the High Court (for the second time).
January 10, 2003... When the case of Arsenal Football Club Plc v. Matthew Reed came before Mr Justice Laddie in April 2001 he found that whilst Mr Reed was not passing-off his replica Arsenal kit as that of Arsenal Football Club, he needed help from the European...

Pollution and Enviormental Risk Digest.
January 10, 2003... UK Developments CASES On 30 October, in Eastern Counties Leather PLC v. Eastern Counties Leather Group Ltd, the Court of Appeal held that the claimant was entitled to be indemnified under the terms of an environmental indemnity (see...

Caution: "Non-Binding" Letter of Intent May Be Binding Under California Law! Careful Drafting is Key.
January 10, 2003... Article by Robert R. Carlson and Dalen Copeland Is a preliminary agreement, such as a letter of intent, term sheet, or memorandum of understanding, binding on the parties to it? If so, to what extent? A recent Court of Appeals decision in...

Predispute Mandatory Arbitration Agreements and the New ERISA Claims Procedure Regulations.(Employment Retirement Income Security Act)
January 10, 2003... Article by Ethan Lipsig and Kimberley A Frailey In our August 2002 Client Alert entitled Regulating ERISA Claims Procedures: New Rules for Handling Benefit Claims, we explained that the chances of defeating most ERISA lawsuits can be...

Environment, Planning and Regulatory News.
January 10, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents EU Agreement reached on the access to environmental information directive EU Commission publishes new package of nuclear provisions GERMANY...

United Kingdom: EMDS Media Relations and Mondaq Partner.
January 10, 2003... As of January 1st 2003, EMDS Media Relations became Mondaq's official vendor for offshore jurisdictions, with a focus on signing up contributors for Mondaqs International Offshore & Financial Centres Handbook and contributors for the Mondaq...

Two New Partners at Hunter & Hunter.(Brief Article)
January 10, 2003... Cayman Islands law firm, Hunter & Hunter, has announced the admission to partnership of Allison Nolan and Bryan Hunter. Allison Nolan joined Hunter & Hunter in 1998 as an Attorney in the firm's Corporate & Commercial, and specialises in the...

Hunter & Hunter Commercial Team Adds Three.(Brief Article)
January 10, 2003... Cayman Islands law firm, Hunter & Hunter, has added to its corporate and commercial department with the recruitment of three highly experienced attorneys. Ex-Clifford Chance Partner, Caroline O'Hare was in charge of the firm's Gulf finance...

Sport: Regulatory Issues: (1) Effect on Sport of the Strategy Unit Report on Charities and the Voluntary Sector; (2) Community Amateur Sports Clubs (CASCS).
January 10, 2003... Private Action, Public Benefit - Strategy Unit Report - September 2002 The Government's Strategy Unit Report on charities and the "not-for-profit" sector was published on 25 September 2002. The recommendations are being consulted upon...

Avoiding Collateral Damage: Argentine Appellate Court Rules Favorably for Creditors.
January 10, 2003... Originally published in Argentine Business Law Watch1 A recent appellate court decision may signal an encouraging trend for creditors. In Compania de Servicios de la Construccion S.A. vs. Muller, Jorge, the debtor petitioned an appellate...

Life Tax Measures.(Inland Revenue proposals)
January 13, 2003... In a mixed bag of life tax measures announced just before Christmas, the Inland Revenue set out proposals to reform: treatment of capital losses (the provisions in question being apparently designed mainly to prevent 'bed and breakfasting',...

Stock Exchange Proposes Criteria for Continued Listing.
January 13, 2003... In November The Stock Exchange of Hong Kong Limited (the "Stock Exchange") issued a revised consultation paper on continuing listing criteria and related issues. Readers will remember that the July version of this consultation paper sent...

Hedge Funds.(authorized for sale in Hong Kong to general public)
January 13, 2003... This year saw the first batch of hedge funds authorised in Hong Kong for sale to the general public. In November the SFC issued new guidelines on reporting requirements for hedge fund managers, as well as a circular to registered dealers and...

Post-9.11 Regeneration and Another 31.12 Renewal: Any Better Security in Sight?
January 13, 2003... Article by Tim Hardy and Antony Sassi Barely a day has passed since the events of 9.11 when minds have not been simultaneously directed to coping both with the aftermath of the perils of that day and providing against further potentially...

Short Selling Guidance Note.
January 13, 2003... A new version of the Securities and Futures Commission ("SFC") Guidance Note for short selling reporting and stock lending record keeping requirements (the "Guidance Note") was issued on 28 November 2002. This consolidates and replaces an...

Forged Bills of Lading.
January 13, 2003... The Commercial Court was recently asked to consider a dispute in which competing parties claimed to be owners of the same goods. I represented the innocent unpaid seller. The case is a timely reminder of the ever present risk of fraud faced by...

New HKMA Guidelines.(new guidelines from Hong Kong Monetary Authority)
January 13, 2003... In the past few months the HKMA issued a series of new guidelines applying to authorised institutions operating or incorporated in Hong Kong. A brief digest of some of these guidelines follows. Financial Disclosure In November 2002 the...

Courts Leaves Bad Drafting Out In Cold.(insurance cases precipitated by badly drawn up policies)
January 13, 2003... Article by Sheila Simison and Denis Whelan A great deal of insurance and reinsurance litigation owes its origins to badly drafted contract wordings. In the recent case of J.R. Charman -v- New Cap Re and others [2002] EWHC (Comm), Mr...

Issue Estoppel and Abuse of Process.
January 13, 2003... Article by Simon Cooper And Laura Bee The recent case of Kennecott Utah Copper Corporation (and others) -v- Minet Limited (and others) [2002] reminds litigants of the importance of carefully considering all aspects of a dispute and...

Conditional Fees Agreements 2002.
January 13, 2003... Lord Woolf stated that he does not approve of satellite litigation, however, since the introduction of the Conditional Fee Agreement (CFA) Regulations, there have been a number of cases seeking to challenge and clarify CFAs. It was hoped that...

Proposed Exemptions from Commodity Pool Operator and Commodity Trading Advisor Registration.(Commodity Futures Trading Commission)
January 13, 2003... Introduction In general, unless exempt an operator of an investment pool (including private investment funds) that trades futures contracts or options on futures ("financial commodities") must be registered with the CFTC as a commodity...

Homeland Security Act Addresses Smallpox Vaccination Liability Concerns.
January 13, 2003... A provision of the recently enacted Homeland Security Act of 2002, 42 U.S.C. [section]233, was written to address liability concerns of health care entities that would administer the federal smallpox vaccination. Military personnel and...

False Claims Settlement Based On Below Market Rent.
January 13, 2003... A Hospital In South Dakota has agreed to a $6 million settlement of a false claims suit based on a violation of the Stark Law. The Stark Law prohibits Medicare and Medicaid patient referrals by a physician to entities, including hospitals,...

New E&C Committee Members.(House Energy and Commerce Committee has 8 new members)
January 13, 2003... There are four new GOP and four new Democrat members of the House Energy and Commerce Committee. This committee has exclusive jurisdiction in the House over Medicaid Issues. It shares jurisdiction (with the Ways & Means Committee) over Parts...

Remember: California Does Not Allow the Sale of Gift Certificates with Expiration Dates!
January 13, 2003... Article by David A. Stuckey and Eugene D. Weaver Retailers' desire to increase convenience to the consumer (and, at the same time, generate increased profits for their businesses) can lead to a "trap" for the unwary seller. In this season...

DOL Field Assistance Bulletin: Disclosure and Other Obligations Relating To "Float".(Department of Labor)
January 13, 2003... Article by Susan G. Curtis and Sergei A. Antonov On November 5, 2002, the Department of Labor's Pension and Welfare Benefits Administration released Field Assistance Bulletin 2002-3 (the "Bulletin") which sets forth the disclosure...

Mills & Reeve Appoints Leading Tax Specialist As Private Client Partner.(Brief Article)
January 13, 2003... Law firm, Mills & Reeve, has expanded its private client group with the appointment of Paul Solon from City firm, Beachcroft Wansbroughs. Mr Solon joined the Cambridge office of Mills & Reeve as a partner on 2 January 2003. Mr Solon has...

Employment & Labor Law.
January 13, 2003... Lincoln Center for the Performing Arts Permitted to Limit Demonstrations in Plaza In Hotel Employees and Restaurant Employees Union, Local 100 v. New York City Dep't of Parks & Recreation, 311 F.3d 534 (2d Cir. 2002), the Second Circuit...

Australia: High Court Clarifies Test for Obviousness.
January 14, 2003... The issue of whether an invention claimed in a patent is obvious (occasioning the patent liable to be revoked) was at the core of the High Court decision in Aktiebolaget Hassle v Alphapharm handed down on 12 December 2002. The High Court by...