Mondaq Business Briefing articles from January 2009

Mondaq Business Briefing archives from January 2009

Investment Allowance To Boost Business - Extra 10% Tax Deduction For Tangible Depreciating Assets.
January 2, 2009... On 12 December 2008, the Government announced an initiative to boost economic activity, in the form of an investment allowance. The investment allowance is an additional 10 percent tax deduction for new tangible depreciating assets. This...

Delhi High Court Upholds IILM Decision By Single Judge.(Ram Krishan and Sons Charitable Trust Ltd.)(IILM Business School)
January 2, 2009... The appeal in Ram Krishan and Sons Charitable Trust Ltd. v. IILM Business School [FAO(OS) 331/2007 and CM Nos.8434/08, 1136/08, 4200-01/08, 4214-15/08, 15020/07 and 11857-58/07] was instituted against the order of the learned Single Judge,...

New Year Resolutions For Immigration Officials.(Column)
January 2, 2009... Last week, a client died unexpectedly, and two government officials tasked with administering the immigration laws retired after long careers of honorable service. The client, a renaissance man of many talents, was remembered by a throng...

US Federal Circuit Court Revives Venue Transfer Rule for Patent Defendants.
January 2, 2009... Originally published December 30, 2008 Keywords: Federal Circuit Court of Appeals, Eastern District of Texas, venue transfer motion, TS Tech USA Corporation, patent litigation, Volkswagen On December 29, 2008, the Federal Circuit Court...

Renewable Energy Target Exposure Draft Legislation Released.
January 2, 2009... In 2001 Australia introduced the world's first mandatory renewable energy scheme, under which new renewable energy generators earned a credit for each megawatt-hour of renewable energy created, and retailers of electric power were obliged to...

Do Second Thoughts Justify Reinstatement?
January 2, 2009... In Fitzsimmons and Comcare [2008] AATA 919, the Administrative Appeals Tribunal (Tribunal) rejected Mr Fitzsimmons's application to reinstate his claim on the basis that it was 'dismissed in error' under section 42A(10) of the Administrative...

Causal Connection Required To Establish An 'Injury'.(Safety, Rehabilitation and Compensation Act 1988)
January 2, 2009... Dufty and Comcare [2008] AATA 1011 and Monti and Australian Postal Corporation [2008] AATA 878 involved claims for injury which pre-dated the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 amendments. The...

Intellectual Property Quarterly Newsletter - Winter 2008.
January 2, 2009... In this issue: Note from the Editors Bidding for a Copyright Injunction After eBay New Law Expected to Add Teeth to Current Counterfeiting Laws Intervening Rights: Protection from Liability After Reexamination Opinions of...

The Pensions Act 2008.
January 2, 2009... The Pensions Act 2008 ("the Act") received Royal Assent on 26 November 2008. The Act marks the next step on the route to the introduction of personal accounts; but makes a number of other significant changes to previous legislation, including...

Holiday Advice For Those Near And Far.
January 2, 2009... Perhaps it is a sign of the economic times that we at FraudMail Alert could not locate this year that one prosecution by the Department of Justice that makes us laugh out loud as we have in prior years. See, e.g., FraudMail Alert No. 05-12-15...

Communications Law Bulletin - December 2008.
January 2, 2009... The Month in Brief As the New Year approaches, the Federal Communications Commission ("FCC" or "Commission") has received a letter from Capitol Hill asking the agency to defer action on non-urgent matters until the new Administration takes...

Worldwide Freezing Of Assets: The Requirements.
January 2, 2009... The High Court has recently examined the criteria for granting a worldwide freezing injunction in support of foreign arbitration proceedings. The applicant, a Venezuelan state-owned company, sought the setting aside of a worldwide freezing...

Spam, Spam, Spam, Spam.(Reprint)
January 2, 2009... Reprinted with permission from FindLaw.com Once upon a time, the thought of spam conjured up notions of processed meat in a can. And while such spam still exists and even is to the liking of some people, these days most people associate...

Salvage And The Disparity Principle: How Much Is Enough?
January 2, 2009... The 'disparity principle' has re-emerged as a hot topic following the Admiralty and Commercial Court decision in the appeal proceedings in the "VOUTAKOS" (2008). The Voutakos was bound for Rotterdam when she suffered a main engine...

Buyer Beware: Is Performance Truly Guaranteed?
January 2, 2009... Given the current financial climate, some yards may face difficulties financing the building of new orders. With approximately 1,000 ships on order at a value of around $350 billion, refund guarantees could potentially be very relevant in the...

New Prudential Framework For General Insurance Groups Finalised By APRA.(Australian Prudential Regulation Authority)
January 3, 2009... The Australian Prudential Regulation Authority has released the latest tranche of prudential reforms, this time affecting Level 2 insurers, which are general insurance groups that have either an APRA-authorised general insurer or an...

Sex, Lies And Videotape: Breach Of Confidence Claims And Awards Of Damages.
January 4, 2009... Key Points Damages are now available for pure mental distress for breach of confidence claims, where the essence of the claim is that there has been a misuse of private information. This could have important consequences for the media in...

At The Market Offerings: Raising Equity Capital In Volatile Markets.
January 4, 2009... Many public companies, including REITs, are facing unprecedented liquidity and capital resource constraints. The continuing market turmoil has resulted in substantially increased market volatility, which in turn has nearly shut down traditional...

FRB Approves GMAC Becoming A BHC.
January 4, 2009... Developments Of Note FRB Approves GMAC Becoming a BHC OCIE Director Discusses Potential Role For Surveillance in SEC Mutual Fund Oversight FDIC Issues Research Report Concerning Liquidity Risk Management Other Items Of Note...

Five Day Filing Deadline, Deemed Beneficial Ownership And Issuer Disclosure Of Late Reports Included In Proposed Changes To The Insider Reporting Regime.
January 4, 2009... On December 18, 2008 the Canadian Securities Administrators published for comment proposed National Instrument 55-104 Insider Reporting Requirements and Exemptions, together with a companion policy and related consequential amendments. Comments...

Flashbacks Of 2008.
January 4, 2009... The year of 2008 has been an eventful year for pension regulation. There were a number of legislative changes, court decisions and consultation papers which have a direct impact on pension plans. In addition, the recent volatility in the...

Supreme Court Of Canada Releases Reasons In BCE Decision.(Bell Canada Enterprises Inc's acquisition by Teachers' Private Capital and Providence Equity Partners Inc.)
January 4, 2009... On December 19, 2008, the Supreme Court of Canada released reasons supporting its June 20, 2008 decision to unanimously overturn the controversial Quebec Court of Appeal decision and approve BCE's proposed plan of arrangement. Although the...

Federal Court Confirms Validity Of Daylight Loans In Tax Planning.
January 5, 2009... On December 12, 2008, the Federal Court of Appeal released its judgment in the case of 2530-1284 Quebec Inc. The main issue in the case, which concerned a series of transactions that the taxpayers had put in place to generate capital dividend...

Waiver Of Privilege - More Than A State Of Mind?
January 5, 2009... Key Point If the Court of Appeal's comments are followed, framing a case might be enough to inadvertently waive privilege. When do you impliedly waive privilege in your legal advice by putting in issue your state of mind? Generally...

Starbucks Ruling Is No "Pot Of Gold" For Class Action Plaintiffs.
January 5, 2009... In Starbucks v. Superior Court, the Court of Appeal for the Fourth District of California considered whether the plaintiffs were entitled to ask a jury to award millions of dollars against Starbucks for allegedly requiring job applicants to...

Intellectual Property 2008/2009 Winter Bulletin.
January 5, 2009... CONTENTS Protecting Patents for Personalized Medicine The Fallout From Bilski: Significant Change in What is Considered Patentable Quick Updates Ninth Circuit Applies Its Implied License Test to Software Minsky v. Linden...

Record Worksite Enforcement Settlement Sends Message To Employers Of Illegal Aliens.(IFCO Systems North America's settlement with Immigration and Customs Enforcement)
January 5, 2009... On December 19, 2008, Immigration and Customs Enforcement (ICE) announced that IFCO Systems North America (IFCO), the nation's largest pallet management services company, had agreed to a record $20.7 million settlement of claims alleging the...

Property Law - New Definition Of Saleable Area In Hong Kong.
January 5, 2009... Introduction Home-buyers in Hong Kong have for the longest time been short changed in the actual living space of apartments they bought, as common areas of housing development here until recently have been included in the calculation of...

JCT Management Building Contract 2008.(Joint Contracts Tribunal)
January 5, 2009... A few weeks ago the JCT unveiled two of its final new contracts for 2008, the JCT Pre-Construction Services Agreement for two-stage tendering which comes in General Contractor and Specialist forms. Both are designed for use under both...

Is Fair Enough? The CIC Consultants' Contract.
January 5, 2009... A client procuring a construction project rarely possesses the expertise to develop its plans into a detailed specification that a contractor can carry out. It would appoint a team of consultants, which will typically include an architect,...

New Liquor Licence Types And Confirmed Fee Structure.
January 5, 2009... From 1 January 2009 all liquor licences in Queensland will be re-categorised into the new streamlined licence types under the amended Liquor Act 1992 (Liquor Act). On 12 December 2008, the Government promulgated the amendments to the Liquor...

Inside M&A - November/December 2008.(merger and acquisition)
January 5, 2009... Impact of Financial Markets Crisis on MAC Clauses By Jeffrey L. Rothschild and Thomas Sauermilch The financial markets crisis has brought renewed focus to Material Adverse Change (MAC), or Material Adverse Effect (MAE), clauses. MAC or MAE...

The Global Financial Crisis: Some Issues For Pension Schemes.
January 5, 2009... Originally Published In October 2008 The financial crisis has created risks and uncertainty throughout the economy. Some effects on pension schemes are clear - for example, the substantial fall in equity prices. Other consequences may be...

Federal Appeals Court Finds No Default Under Indenture Reporting Covenant.(UnitedHealth Group Inc.)(Wilmington Trust Corp.)
January 5, 2009... The U.S. Court of Appeals for the Eighth Circuit recently held in UnitedHealth Group Inc. v. Wilmington Trust Co.1 that an issuer had not defaulted under the reporting covenant of its bond indenture by failing to timely file a quarterly report...

Transfer By The Employer Of Employees' Personal Data To The Us From The Perspective Of Hungarian Data Protection Laws.
January 5, 2009... In this article, we briefly address the issue of what requirements prescribed by Hungarian laws on data protection must be complied with by an employer that wishes to transfer the personal data of its employees to the United States. 1 Data...

Establishing QROPS In Malta.(Qualified Recognised Overseas Pension Scheme)
January 5, 2009... 1. Introducing QROPS A Qualified Recognised Overseas Pension Scheme, or QROPS established in Malta, is a Maltese registered pension scheme approved by HMRC in the UK to accept transferred funds from existing UK schemes. The scheme is...

Guidance On CFIUS Review Of Foreign Investment In The United States.(Committee on Foreign Investment in the United States)(Law overview)
January 5, 2009... The Committee on Foreign Investment in the United States (CFIUS) is charged with identifying and addressing any national security risk posed by foreign investments in U.S. businesses. On December 8, 2008, the Treasury department, which chairs...

Deputy Registrar' Order Upheld In Opposition To The Mark "SUN".(Sunij Pharma Pvt.)(Sun Pharmaceuticals Corp.)(Trade Marks Act, 1999)(Case overview)
January 5, 2009... Oppositions are an integral part of Trademark prosecution. Forming a large chunk of the matters addressed by the Trademark Registry, this process is vital to the grant or refusal of the registration grant. Dealt with under S. 21 of the Trade...

Word Investments Case - High Court Rules That Business Activities Of Charities Are Tax-Exempt.(Australian Taxation Office)(Case overview)
January 5, 2009... High Court decision provides an opportunity for subsidiaries of charities to conduct commercial activities without losing their charitable status. The Australian Taxation Office ("ATO") will need to re-write Taxation Ruling 2005/22 ("TR...

Portable Electronic Devices And The Meaning Of 'Primarily For Use' In Employee's Employment.(Australia. Fringe Benefits Tax Assessment Act 1986)
January 5, 2009... Since the introduction of legislation following in the 2008 Federal Budget, the tightening of the FBT exemption to allow only eligible work-related items – portable electronic devices has caused confusion, particularly surrounding laptops...

Tax Law And The Credit Crunch - An Executive Summary.
January 5, 2009... This past year has been described as historic and unprecedented. As governments continue to react to calm the markets and the global economy, investors, corporations and workers remain on edge, hoping that the effects of recent events are...

101 Events That Rocked The World - A Timeline Of Significant Market Events.(Column)
January 5, 2009... 2008 changed the global economic landscape. Unexpected events occurring in compressed time destabilized many Wall Street institutions. On Main Street, jobs were lost and small businesses stalled. And across the globe, stock markets retrenched...

The Temporary Liquidity Guarantee Program And Bearer Debt.
January 5, 2009... The FDIC announced the TLGP on October 14, 2008 in response to the current market crisis. Under the TLGP, newly-issued senior unsecured debt issued by participating "eligible institutions" will be guaranteed by the FDIC and backed by the full...

The New Administration's Tax Plan - What To Expect.
January 5, 2009... On November 4, 2008, the nation elected Barack Obama as its 44th president. Below, we briefly summarize tax policy initiatives that his campaign emphasized on the road to the White House. Of course, the particulars of the tax policy initiatives...

HKEx Clarifies Certain Rule Requirements For Listed Issuers.(Stock Exchange of Hong Kong Limited)
January 5, 2009... On 28 November 2008, The Stock Exchange of Hong Kong Limited (HKEx) published the Frequently Asked Questions on Rule Requirements relating to Notifiable Transactions, Connected Transactions and Issues of Securities by Listed Issuers (FAQs). ...

In Re Bilski - The End Of Patenting Tax Strategies?
January 5, 2009... In recent years, the United States Patent and Trademark Office ("USPTO") and the Federal Circuit have struggled with the proper standard for patent-eligibility of so-called business method inventions, which generally are thought to include tax...

The Learning Annex: Tax Patents Explained.
January 5, 2009... Article I, Section 8 of the United States Constitution grants Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and...

Regulator's Sources Protected From Disclosure.(P Dawson Nominees Pty Ltd)(Case overview)
January 6, 2009... Key Point The Full Federal Court's decision puts a brake on class action promoters being able to free-ride on a regulator's investigatory efforts. A unanimous Full Federal Court sided with the Australian Securities and Investments...

Salans Kyiv Tax Newsletter.
January 6, 2009... Salans is a full service international law firm with offices in Almaty, Baku, Barcelona, Beijing, Berlin, Bratislava, Bucharest, Budapest, Frankfurt, Istanbul, Kyiv, London, Madrid, Moscow, New York, Paris, Prague, Shanghai, St. Petersburg and...

Colorful Rights: Trademark Protection For Color Schemes.(Smack Apparel Co.)(Case overview)
January 6, 2009... On November 25, 2008, the U.S. Court of Appeals for the Fifth Circuit (Court) handed a major victory to a group of universities seeking to protect their sports teams' color schemes as trademarks. Board of Supervisors for Louisiana State...

"Opportunity No Longer Knocks!" Companies Act 2006 Introduces New Company Name Adjudicator.(United Kingdom. Intellectual Property Office)(Law overview)
January 6, 2009... In an attempt to prevent opportunistic company name registrations (akin to the well known situation of cyber squatting in respect of domain names), Part three of the Companies Act has introduced a set of new rules to provide aggrieved parties...

New Regulations Affect Employer And Employee Rights And Responsibilities Under The Family And Medical Leave Act.
January 6, 2009... By Goodwin Procter's Labour & Employment Practice Group The United States Department of Labor (the "DOL") has issued new regulations that will change employer and employee rights and responsibilities under the Family and Medical Leave Act...

Increases To Key Employment Figures/Rates - 2009/10.(Brief article)
January 6, 2009... The new rates in relation to compensation limits come into force on 1st February 2009: The statutory limit on a week's pay (for unfair dismissal and statutory redundancy payments) will be increased from [pounds]330 to [pounds]350 for...

Business Restructuring Review - November/December 2008.
January 6, 2009... Contents Eighth Circuit Reaffirms Legitimacy of Derivative Standing Newsworthy Australia Adopts the Model Law on Cross-Border Insolvency Recent Delaware Ruling a Cautionary Tale for Fiduciaries Stewarding Brink-of-Insolvency...

The British Virgin Islands Is Recognised For Its Adherence To International AML/CFT Standards.(British Virgin Islands Financial Services Commission)(anti-money laundering/combating the financing of terrorism)
January 6, 2009... TORTOLA, British Virgin Islands - 5 January, 2009 - The British Virgin Islands Financial Services Commission (FSC) is pleased to announce that the Third Round Mutual Evaluation of the British Virgin Islands by the Caribbean Financial Action...

Tribunal Finds It Too Grave To Find To A Waive.(Administrative Appeal Tribunal)(Australia. Administrative Appeals Tribunal Act 1975)
January 6, 2009... In Andrews and Telstra Corporation Limited [2008] AATA 943, the Administrative Appeals Tribunal (Tribunal) found that legal professional privilege of two documents had not been waived despite being referred to in other documents filed and...

Comcare Review.(Australia. Safety, Rehabilitation and Compensation Act 1988)(Law overview)
January 6, 2009... It's fair to say that Commonwealth workers' compensation has largely been in a 'holding pattern' this year. Whilst national harmonisation of occupational health and safety (OHS) and workers' compensation has remained very much on the agenda,...

Developments In Government's $6.2 Billion New Car Plan.
January 6, 2009... Senator Kim Carr, today announced three key steps which are being undertaken to implement the New Car Plan for a Greener Future. A framework paper outlining the proposed operation of the Government's Green Car Innovation Fund is available...

Federal Court Decision: A Blow To The Australian Funds Management Industry.(AXA Asia Pacific Holdings Ltd.)(Case overview)
January 6, 2009... Investing directly offshore rather than indirectly through Australian Funds will provide a more favourable GST outcome The decision by the Federal Court in AXA Asia Pacific Holdings Limited v Commissioner limits the availability of input...

Delivering A Verdict On Lasting Powers Of Attorney.
January 6, 2009... Readers may recall the rush to put in place enduring powers of attorney (EPAs) last autumn before they were replaced with lasting powers of attorney (LPAs). One year on, we examine whether the new arrangements have proved to be a success. ...

Revised M&A Accounting Rules Now In Effect: New Standards May Affect Structure, Timing, And Other Considerations.(merger and acquisition)
January 6, 2009... FASB's revised accounting standards for M&A deals, known as Statement of Financial Accounting Standards No. 141R, Business Combinations (FAS 141R), became effective on December 15. Companies reporting pursuant to GAAP must follow the revised...

Worker's Compensation - Section 151Z Payment Recoverable From Entire Pool Of Damages Obtained, But Reduced By Contributory Negligence.
January 6, 2009... Tamerji v Rhee [2008] NSWCA 314 In Brief The Court of Appeal confirmed that where a worker received damages from a tort feasor other than his employer, the worker was required to repay the employer the full amount of compensation previously...

The Right To Buy And The Planning Process.(Scottish Parliament)
January 6, 2009... One of the most significant pieces of legislation passed by the Scottish Parliament has been the Land Reform (Scotland) Act 2003. Amongst other innovations, this created a right to buy in favour of community bodies. When the draft Bill was...

Planning Reform - Some Practicle Changes.
January 6, 2009... As well as the legislative reform under the Planning etc (Scotland|) Act 2006 (currently in the course of implementation), the Scottish Government have embarked upon a process of practical reforms which are likely to impact upon the effective...

Occupational Diseases Under The SRC Act.(Safety, Rehabilitation and Compensation Act 1988)
January 7, 2009... The recent Administrative Appeals Tribunal (Tribunal) decision of Hannaford and Telstra Corporation Limited [2008] AATA 979 examined the application of section 7(1) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in relation...

IP Update - December 2008.(briefs)(Intellectual Property)(Case overview)
January 7, 2009... Contents Patents / Obviousness - Desirable Enantiomer Unobvious Over Racemate Patents / Hatch-Waxman Act - FDA's Rejection of Paragraph IV Certification Valid in Light of Prior Delisting by NDA Holder Patents / Hatch-Waxman Act -...

Torys' Top 10 M&A Trends For 2009.(merger and acquisition)
January 7, 2009... Article by Torys Lawyers The year 2008 brought a global credit crisis that adversely affected financial institutions and their clients, and thrust a new world on the business community and its advisers. In many cases, those financial...

Florida Government And Politics Weekly Update (Week Of December 22, 2008).
January 7, 2009... Economy: As Unemployment Continues to Rise, State Economists Predict Recovery in 2010 For November 2008, Florida's seasonally adjusted unemployment rate was 7.3 percent, the highest level in more than 15 years. According to the State of...

The Worker, Retiree, And Employer Recovery Act Of 2008 Provides Pension Funding Relief.
January 7, 2009... Introduction On December 23, 2008, President Bush signed into law The Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA") (H.R. 7327). WRERA provides temporary relief to pension plans in the midst of one of the most severe...

FINRA's New Rules "Discourage" Pre-Hearing Motions To Dismiss In Arbitrations.(Financial Industry Regulatory Authority)
January 7, 2009... On December 31, 2008, the Securities and Exchange Commission ("SEC") approved rule changes to the Financial Industry Regulatory Authority ("FINRA") Code of Arbitration Procedure which severely curtail a party's right to file a pre-hearing...

The Strategic Rationale For Financial Firms To Acquire Banks.
January 7, 2009... In-Depth Analysis The Strategic Rationale For Financial Firms To Acquire Banks Other Items of Note SEC Provides Congress With Report On Mark-To-Market Accounting Required By EESA Goodwin Procter Webinar: New Data Security...

Bonuses And The FMLA: What Should Employers Do?(Family and Medical Leave Act)
January 7, 2009... Originally published December 2008 Tip: As the year draws to a close, many employers will consider awarding employees with bonus payments either for performance, attendance, and/or safety records. This raises the question whether an...

A Compilation Of Enforcement And Non-Enforcement Actions - December 2008.
January 7, 2009... Non-Enforcement Matters Investment Advisers May Not File Securities Claims on Behalf of Investors Except in Certain Cases The Second Circuit Court of Appeals (Second Circuit) recently held that an investment adviser lacked standing to file...

Spirited Antitrust Enforcement.(Case overview)
January 7, 2009... A series of cases brought days apart in the final weeks of 2008 signal active antitrust enforcement, even as M&A activity slows. Both the Federal Trade Commission ("FTC") and the Antitrust Division of the U.S. Department of Justice ("Antitrust...

Equality Inquiries Announced In The Construction And Financial Service Sector.
January 7, 2009... The Equality and Human Rights Commission (EHRC) has recently announced sectoral inquiries into the construction and financial service sector. Although the predominant focus in the construction industry will be race and the financial sector will...

Another Level Of Trust.
January 7, 2009... Originally published in Private Client Practitioner, Guernsey supplement, November 2008 A range of financial services are available on Guernsey but its fiduciary sector is one of the most successful. Recent legislative developments have...

New York Governor Proposes Taxing Nonresidents On "Carried Interest".(David A. Patterson )
January 7, 2009... On December 16, 2008, New York State Governor David A. Patterson announced his Executive Budget recommendation for consideration by the New York State Legislature. It includes a variety of tax increases, including a proposal to tax non-resident...

Congressional Budget Office Reports On Health Care Reform Issues And Options.
January 7, 2009... With the imminent change in presidential administration, there will be multiple (and perhaps conflicting) legislative proposals for major reforms in how health care is provided and financed. Stakeholder debate on all facets of any proposal is...

SBA Issues New Rule to Increase Federal Contracting Opportunities for Women-Owned Small Businesses, and Seeks Comments from Interested Parties.(small business administration)
January 7, 2009... In recent weeks, federal agencies have received increasing scrutiny regarding the handling of their obligations to award contracts to small businesses. According to an Oct. 22, 2008 article in the Washington Post, "U.S. government agencies made...

Final Rule Amends FAR Requiring E-Verify.(Federal Acquisition Regulation)
January 7, 2009... The much-anticipated Final Rule amending the Federal Acquisition Regulation ("FAR") provision to require federal contractors to use the E-Verify System was published in the Federal Register on Nov. 13, 2008. The E-Verify System is a free...

Escape from Texas: Federal Circuit Ruling May Prompt More Transfers Of Patent Cases Out Of The Eastern District Of Texas.(TS Tech USA Corporation)(TX Tech North America)(TS Tech Canada)(Case overview)
January 7, 2009... On Dec. 29, 2008, the United States Court of Appeals for the Federal Circuit issued a writ of mandamus holding that a district court judge in the Eastern District of Texas abused his discretion in denying a defendant's motion to transfer venue...

Wind Energy Projects - Jobsite Selection Takes Center Stage.
January 7, 2009... Site selection for wind turbine generation presents one of the first legal issues to consider in the construction of a wind farm. It is not surprising that the law addressing site selection for wind farms is generally more developed than the...

OSFI Updates Guidance On Outsourcing.
January 7, 2009... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Financial Services/Outsourcing, January 2009 Introduction Guideline B-10 on Outsourcing of Business Activities, Functions and Processes (Guideline...

Relief From Required Minimum Distribution Rules - But Only For 2009.
January 7, 2009... A recent tax law change promises to help give retirees and retirement plan beneficiaries some much needed flexibility in managing their finances during these trying financial times. A key provision in the recently passed Worker, Retiree and...