Mondaq Business Briefing articles from July 2004

Mondaq Business Briefing archives from July 2004

European Strategy for Nanotechnology.
July 1, 2004... The European Commission recently issued two documents relating to nanotechnologies, inaugurating a new area of interest and exploring possible future regulation. "Nanotechnology refers to science and technology at the nano-scale of atoms...

Partnership Noncompensatory Options.
July 1, 2004... Originally published in 2003 Howard E. Abrams is Of Counsel to Steptoe & Johnson (DC) where he is head of the partnership and real estate tax group. He is a corporate and partnership tax specialist, receiving his BA from the University of...

The Ticketing Industry and Homeland Security.
July 1, 2004... The first thought that most Americans had upon hearing of the train bombings in Madrid must have been "Oh no, not again." An Awareness of Security The issue of security has never been more important than it is right now. Americans...

California Ups The Ante.
July 1, 2004... Franchise companies face a growing number of laws that impact day-to-day operations when it comes to customer data. The newest addition to that list comes from California. Available here is an E-Commerce & Privacy Group @lert, prepared by our...

High Court Resolves Circuits. Disagreement Regarding Constructive Discharge as Tangible Employment Action.
July 1, 2004... On June 14, 2004, the U.S. Supreme Court, in an 8-1 decision, held that a claim of constructive discharge is not necessarily a tangible employment action preventing an employer from raising the Ellerth/ Faragher affirmative defense. The Court...

FCC's Notice of Proposed Rulemaking in the Matter of Digital Broadcast Copy Protection, MB Docket No. 02-230.(Federal Communications Commission )
July 1, 2004... Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Digital Broadcast Copy Protection MB Docket No. 02-230 NOTICE OF PROPOSED RULEMAKING Adopted: August 8, 2002 Released: August 9, 2002 ...

Rules Changes For Assignments And Powers of Attorney.(The U.S. Patent and Trademark Office)
July 1, 2004... The U.S. Patent and Trademark Office (USPTO) changed the rules for recording assignments and accepting power of attorney documents. Fed. Reg. Vol. 69, No. 102, 29865-29880. These changes are effective on June 25, 2004. Under revised rule...

No-Tilt: Nintendo Had Implied License From Its Supplier.
July 1, 2004... The U.S. Court of Appeals for the Federal Circuit affirmed the district court's summary judgment decision that a settlement agreement between the patent owner Jacobs and a supplier permitted the supplier to sell infringing devices for use by...

Relying on Claim Language, Federal Circuit Finds Patent For Detecting B Vitamin Deficiencies Infringed.(Metabolite Laboratories Inc. wins patent suit)
July 1, 2004... In a lengthy opinion that highlighted claim construction and infringement, but also tackled invalidity, breach of contract, enhanced damages and permanent injunction, the Federal Circuit upheld a ruling that Laboratory Corp.(doing business as...

Taxation Of Contracting.(Prime Contractors)
July 1, 2004... Originally published May 31, 2002 1. INTRODUCTION. The Arizona sales tax structure on contracting is quite a bit different from the structure found in other states. The norm in other states is to impose a sales tax on a contractor's...

Piper Rudnick announces opening of Paris office.
July 1, 2004... Addition of Distinguished International Practitioners at Cariddi, Mee, Rue Marks International Expansion for Piper Rudnick PARIS, June 29, 2004 - Piper Rudnick LLP announced today that it is taking its first step overseas by opening a Paris...

GLOBAL TRADE REVIEW - "Best Deals of 2003" - Vietnam Airlines.(Brief Article)
July 1, 2004... Pillsbury Winthrop represented Citigroup in its aircraft financing of a Boeing 777-200 for Vietnam Airlines Limited. Global Trade Review presented a 2003 Deal of the Year award for the transaction. This $101,000,000 financing was supported by...

LOS ANGELES TIMES - "U.S. Plans Duties on Chinese Furniture".
July 1, 2004... Robert Walters, an intellectual property litigation partner in Pillsbury Winthrop's Northern Virginia office, comments on a trade dispute between the U.S. and China regarding imported furniture. Domestic manufacturers contend that Chinese...

New Procedure Bodes Well for Landlords and Tenants.
July 1, 2004... A new Landlord and Tenant regime introduced on 1st June 2004 makes it easier for business tenants to stay on at their property when a lease comes to an end. The new, transparent procedure clarifies some of the terms of a 1954 Act which gave...

New Investment Company Form N-Q and Disclosure Requirements.
July 1, 2004... In a recent release,1 the SEC adopted amendments to rules and forms for investment companies under the Investment Company Act of 1940 (the "Investment Company Act") that, among other things, approved a new quarterly reporting form (Form N-Q)...

Intel Corp. v. Advanced Micro Devices.
July 1, 2004... In our recent article regarding the F. Hoffmann-LaRoche v. Empagran case, we discussed the extent to which foreign plaintiffs can bring suit under U.S. antitrust law for injury occurring outside the United States. The Supreme Court has now...

Daily Tax Update: IRS Announces "Strong Response" To "Son Of Boss" Settlement Initiative.(Internal Revenue Service)
July 2, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS THE DAILY TAX UPDATE WILL BE PUBLISHED ON A PERIODIC BASIS UNTIL CONGRESS RETURNS FROM ITS JULY FOURTH RECESS ON JULY 5TH. Today, the IRS announced that "more than 1,500 taxpayers" met the...

Exempt Organizations Advisory -04/28/04.
July 2, 2004... Originally published April 28, 2004 The Exempt Organizations Advisory summarizes legal developments of interest to our exempt organization clients and friends of the firm. It is published on a periodic basis as developments warrant. ...

Communications Law Bulletin-June 2004.
July 2, 2004... The Month in Brief This issue of our Bulletin reports on a wide range of important developments, but also goes to press as additional news is breaking. Notably, as our first item reports, the U.S. Supreme Court has upheld a preliminary...

Employment Law Commentary - A Revised Roadmap For Disability Access in California.
July 2, 2004... Title III of the Americans with Disabilities Act of 1990 imposes substantial obligations for those who own or lease facilities open to the public. Not only must newly constructed and altered facilities meet exacting standards for disability...

Why White Papers?(to make a real difference in the growth of your enterprise)
July 2, 2004... Remember how you used to groan when you heard the phrase "White Paper"? Remember reading all those long-winded publications littered with dry technical details published by government agencies and scientific organizations? Those days are...

President Bush Signs New Law Affording Certain Antitrust Protections to Standards Development Organizations.(George Bush)
July 2, 2004... On June 22, 2004, President Bush signed into law H.R. 1086, which includes the Standards Development Organization Advancement Act of 2004 ("the Act"). The Act amends the existing National Cooperative Research and Production Act of 1993 ("the...

Supreme Court Addresses For The First Time.
July 2, 2004... On Monday, June 29, 2004, the United States Supreme Court issued a compromise decision that leaves many corporations in the mining or oil and gas industries still susceptible to allegations that their operations abroad (often in conjunction...

No Crying Over Spilled Milk In Ohio -- Milk Processing Fees Survive Commerce Clause Challenge.
July 2, 2004... In a recent decision, the Ohio Supreme Court held that a monthly assessment on Ohio milk processors did not violate the Dormant Commerce Clause. Diehl, Inc. v. Ohio Dept. of Agriculture, 102 Ohio St.3d 50, 2004-Ohio- 1870 (April, 2004). Diehl,...

Protecting a Tenant When a Debtor-Landlord Attempts the Sale of Leased Property.
July 2, 2004... Originally published 1st Quarter 2004 A tenant of real property is vulnerable to a landlord's potential bankruptcy because Section 365(d) of the Bankruptcy Code (the Code) provides debtors with the power to reject unexpired leases of real...

Pinsents Delivers Deal for Vendors in [pounds sterling]89 Million Nightfreight SBO.(Brief Article)
July 2, 2004... 2 July 2004 - A specialist legal team from Pinsents has advised the selling shareholders of Nightfreight Group, the UK's leading overnight carrier for non-standard freight of irregular weight and dimension (IDW) on the [pounds sterling]89...

Pinsents Advises fountains on Fund Raising Placing.(Brief Article)
July 2, 2004... 1 July 2004 - UK law firm, Pinsents, is advising AIM-quoted environmental services company, fountains plc, on a [pounds sterling]5.5 million placing as the company pursues growth plans. fountains, which operates primarily in the UK and the...

Indecisive Canadian Election has Profound Competition Law Implications.
July 2, 2004... Minority Liberal government closes door on bank mergers for the foreseeable future, but worrisome Competition Act reform package is likely to survive. Canadians chose the Liberal Party yet again, albeit with a much-reduced parliamentary...

Insurance Law - ICOB - Are You Ready?(Insurance: Conduct of Business handbook)
July 2, 2004... The Authorisation Requirement As all "primary" insurance intermediaries and direct-selling insurers should be aware, firms which wish to undertake regulated activities in respect of the sale of general insurance after 14 January 2005 will...

Does Your Corporate Antitrust Compliance Program Need to be Amended?
July 2, 2004... On April 30, 2004, the United States Sentencing Commission formally presented amendments to the Organizational Sentencing Guidelines (the "Guidelines") that are used to direct judges in determining penalties for corporate criminal law...

Space Launch Market Truly Worldwide in Scope.(Evolved Expendable Launch Vehicle Program.)
July 2, 2004... On April 23, 2004, the United States District Court for the Middle District of Florida partially granted defendant aircraft manufacturer's motion to dismiss on the grounds that, although plaintiffs stated a relevant market, neither a company's...

FTC Allows Foot Locker to Buy Footstar - Does it Impact Other Retail Mergers?(Federal Trade Commission )
July 2, 2004... On May 4th, the FTC declined to issue a second request in response to Foot Locker's purchase of Footstar, allowing Foot Locker to consummate its $225 million purchase of the bankrupt owner of Foot Action. Despite concerns raised by competing...

The IP Value of Business Plans-Protection For The Entrepreneur.(intellectual property)
July 2, 2004... The England and Wales High Court recently explained that the elements of a business plan had to be analysed to support an award of damages for professional negligence against the defendant, Mr. Ball's former lawyers and those who failed to...

U.S. Labor Department's New Overtime Rules' Effect On Employers.
July 2, 2004... On April 20, 2004, the U.S. Department of Labor (DOL) issued the highly anticipated final revised overtime regulations, which will take effect in August 2004. In light of these new regulations, prudent employers should take this opportunity to...

Fair Credit Reporting Act Amendments: Affiliate Sharing.(restriction on sharing of consumer data for marketing purposes)
July 2, 2004... The Fair and Accurate Credit Transactions Act of 2003 ("FACTA") adds a new Section 624 to the Fair Credit Reporting Act ("FCRA") which limits the ability of affiliated companies to use shared consumer data for marketing purposes. Pre-FACTA...

Parity Act Preemption Upheld: New Jersey Supreme Court Reverses Appellate Division, Reinstates Trial Court Dismissal of Prepayment Fee Class Action.
July 2, 2004... The New Jersey Supreme Court's ruling reaffirms the federal preemption provided by the Parity Act and the 1996 OTS Parity Act Regulation, and should give the financial industry some degree of comfort that if they act consistently with the laws...

Germany: Recent Developments in Pharmaceutical and Reimbursement Law.(German Drug Act)
July 5, 2004... According to the Clinical Trials Directive1 the Member States shall implement and put into force laws, regulations and administrative provisions necessary to comply with the requirements of the Directive by 1 May 2004. Germany has still not met...

Italy: So Called "Voluntary Licences" for the Exportation of Active Principles Covered by Complementary Protection Certificates ("CPC").(THE COMPLEMENTARY PROTECTION CERTIFICATE )
July 5, 2004... THE COMPLEMENTARY PROTECTION CERTIFICATE (CPC) The Complementary Protection Certificate (CPC) was introduced in Italy by Law n. 349/91 which was subsequently abrogated by European Regulation 1768/92, introducing the Supplementary Protection...

Draft Proposals On Interest Deductibility.(Canadian Income Tax Act)
July 5, 2004... On October 31, 2003, the Canadian Department of Finance released amendments to the Canadian Income Tax Act which, if implemented in their proposed form, could significantly affect the treatment of losses under the Act and, in particular, losses...

Applying The Transfer Pricing Rules To Guarantees.
July 5, 2004... At the time Canada was amending its transfer pricing rules, much concern - and some confusion - arose over the potential application of the rules to financial transactions. This was particularly the case where the tax consequences of...

Back-To-Back Loans And The 5/25 Withholding Tax Exemption.
July 5, 2004... The Canada Revenue Agency (CRA) has recently issued an administrative income tax ruling which expands the possible application of the 5/25 Canadian withholding tax exemption for interest paid by Canadian corporate borrowers, by blessing a...

Festival Celebrating World Cinema.(The Bahamas International Film Festival)
July 5, 2004... Cinema in Paradise The Bahamas International Film Festival will premier in Nassau from December 9-12, 2004 and will feature a diverse presentation of independent and studio films from around the world - as well as educational programmes...

Tax Bulletin - Ontario Health Premium.(Ontario Income Tax Act)
July 5, 2004... On June 21st, the Ontario government introduced legislation in order to implement the new Ontario Health Premium ("OHP") that was introduced by the 2004 Ontario budget. The OHP will be enacted through an amendment to the Ontario Income Tax Act...

Offshoring among global financial services institutions increases by 38 per cent in one year.
July 5, 2004... Global financial services institutions' offshoring practices transform business models and create competitive advantage The number of global financial institutions that moved specific functions offshore increased by 38 percent in the last...

Changes In Store For Safety Act Application.
July 5, 2004... The Department of Homeland Security recently announced that it will soon be issuing changes to the Safety Act application forms and process. This is good news for companies hoping to avail themselves of the Safety Act's important protections....

California Law Requiring Web Sites and Online Services to Post a Privacy Policy Goes Into Effect July 1, 2004.(California Online Privacy Protection Act of 2003)
July 5, 2004... I. Overview and Summary of Requirements On July 1, 2004, the first online privacy law in the country that applies to the collection of information from consumers over the age of 13 will take effect. The California Online Privacy...

SEC Asset-Backed Securities Proposed Rules.
July 5, 2004... This article first appeared in Global Securitisation & Structured Finance 2004 edition, published by Globe White Page Ltd sponsored by Deutsche Bank, www.globalsecuritisation.com." The SEC has finally proposed regulations focused solely on...

U.S. Sentencing Guidelines Require "Effective" Compliance Programs: What Does That Mean?
July 5, 2004... In 1991, the United States Sentencing Commission issued the first Federal Sentencing Guidelines applicable to the sentencing of "organizations" convicted of federal crimes. Until then, the Sentencing Guidelines applied only to individuals. The...

Offshoring among global financial services institutions increases by 38 per cent in one year.
July 5, 2004... The number of global financial institutions that moved specific functions offshore increased by 38 percent in the last year, according to the second annual global financial services industry offshore survey conducted by Deloitte.Within six...

No Right to Presence of Coworkers During Investigatory Interviews In Nonunion Workplaces.(Weingarten right.)
July 5, 2004... Contents Background Post-WeingartenIBM Corp. Steps to Take On June 16, 2004, the National Labor Relations Board (NLRB) ruled that nonunion employees do not have the right to the presence of a coworker during investigatory...

Sky Marshals: A Step Too Far?
July 5, 2004... Europe and the United States appear to be as far apart on the issue of sky marshals as they are geographically divided. As political pressure hastens their introduction, Simon Phippard and Edward Spencer examine the potential legal...

Unfair Terms and Insurance Contracts - Has Anything Changed?
July 5, 2004... The Unfair Terms in Consumer Contracts Regulations 1994, as modified in 1999, ("the Regulations") have been enacted for nearly a decade. Despite this, it was not until last year that their application to the terms of insurance contracts was...

The Patents And Products Eligible For Extension Under 35 U.S.C. s. 156.(Drug Price Competition and Patent Term Restoration Act)
July 5, 2004... The Drug Price Competition and Patent Term Restoration Act, also referred to as the Hatch-Waxman Act, was enacted in 1984. As part of the legislative package, Congress provided for extension of the patent term for patents disclosing new drugs...

SEC Accelerates And Expands Form 8-K Reporting.(Securities & Exchange Commission US government)
July 5, 2004... Contents SEC Accelerates And Expands Form 8-K Reporting Recent Effectiveness Of Nasd's Ipo And Underwriting Rules Guidance On Issuer Stock Repurchases Safe Harbor The SEC's new rules amending the requirements for Current...

Customizing a Modern Records Retention Program.(steps for database retention program)
July 5, 2004... The proliferation of business information, especially in electronic formats, is notorious for creating huge challenges for organizations of all sizes. Researchers estimate that worldwide in 2002, we sent a staggering 31 billion e-mail messages...

Finance Committee Schedules Oversight Hearing on Charities Tax-Exempt Status - Exempt Organizations Advisory -06/03/04.(Brief Article)
July 6, 2004... Originally published June 3, 2004 The Exempt Organizations Advisory summarizes legal developments of interest to our exempt organization clients and friends of the firm. It is published on a periodic basis as developments warrant. ...

Organizational Survivability: Responsibility of Corporate Directors.(Business Crisis and Continuity Management)
July 6, 2004... Corporate Directors are ultimately responsible for Continuous Continuity (C2) of the Enterprise The modern enterprise that effectively manages the myriad of potential threats to its people, processes, systems and critical infrastructures...

Examining The Use of Technology in Government - June 2004.
July 6, 2004... Contents Bulgaria to Enhance E-Governance Initiatives by Launching Free and Open Source Software Project Canada: Tax Season Drives "High Returns" for Canadian Government E-Rulemaking: Information Technology and Regulatory Policy...

Greenhouse Gas Management Strategies for U.S. Corporations.
July 6, 2004... Originally published April 2004 By Christopher P. Davis and Aladdine D. Joroff Despite the United States' repudiation of the Kyoto Protocol, and in the absence of any national legislation mandating measurements or controls, a growing...

New California Legislation Mandates the Posting of Web Site Privacy Policies.
July 6, 2004... Originally published June 18, 2004 Due to the enactment of California's Online Privacy Protection Act of 2003 (the "Online Privacy Protection Act"), as of July 1, 2004, all operators of commercial Web sites or online services ("Operators")...

Products Liability & Mass Torts: Obesity Litigation - The Next "Tobacco"?
July 6, 2004... Originally published June 25, 2004As obesity rates in the United States continue to rise, self-styled consumer rights activists are turning their attention to the manufacturing and marketing practices of the food industry and considering...

Arizona Corporate Income Tax For Small Businesses.
July 6, 2004... Originally published in 2001 1 INTRODUCTION. This outline focuses on the Arizona Corporate Income Tax and will examine in detail the mechanics of taxing multi-state corporations that conduct business both in Arizona and other states....

Claimants Forced to File Thimerosal Suits First in Vaccine Court.
July 6, 2004... Originally published 1st Quarter 2004 In 1986, Congress passed the National Childhood Vaccine Injury Act of 1986 (the Vaccine Act), recognizing that "[v]accination of children against deadly, disabling, but preventable infectious diseases...

Tax Increment Financing: Learning from the Georgia Experience.
July 6, 2004... Originally published 1st Quarter 2004 The gradual decline of federal involvement in economic redevelopment has led local governments to search for methods of funding commercial and residential projects with sources other than block grants...

Recent Changes to VAT ("ICMS") Legislation in The State of Rio De Janeiro, Brazil, May Adversely Affect Oil And Gas Industry.
July 6, 2004... The state of Rio de Janeiro ("RJ") has recently approved two harmful, and possibly unconstitutional, laws that may hinder exploration and production activities in and off the coast of RJ. 1. Federal E&P Incentives. In 1999, the...

EPA Proposes Long-Awaited Revision to The Definition of "Solid Waste".(Environmental Protection Agency)
July 6, 2004... By James Morriss1 Abstract The U. S. Environmental Protection Agency ("EPA") published its proposed changes to the definition of "solid waste" on October 28, 2003.2 While the proposal is intended to encourage recycling and resource...

House Called for Mayfair Bingo.(Brief Article)
July 6, 2004... 6 July 2004 - Lawyers from UK firm, Pinsents, have helped entrepreneur Luke Johnson tick all the right boxes to purchase a group of bingo halls for an undisclosed sum. Pinsents advised Dabber Limited, owned by Luke Johnson, on the...

Pinsents Helps Loewy Achieve its Designs.(Brief Article)
July 6, 2004... 6 July 2004 - Media services business, Loewy Group, has been advised by Pinsents on the acquisition of design consultancy, Parker Baines, for an undisclosed sum. The Pinsents team acting for Loewy Group comprised corporate partner, Gareth...

Court Rejects Patentee's Prosecution History Estoppel Based Narrow Claim Interpretation.(W.E. Hall Company)(Atlanta Corrugating, LLC)
July 6, 2004... The U.S. Court of Appeals for the Federal Circuit has held that the ordinary and customary meaning of claim terms may trump even prosecution history distinguishing a prior art reference. W.E. Hall Company, Inc. v. Atlanta Corrugating, LLC, Case...

Court Reversed For Failing to Consider Post-Issuance Evidence of Unexpected Results.
July 6, 2004... Reversing a summary judgment of invalidity on the ground of obviousness, the U.S. Court of Appeals for the Federal Circuit held that a genuine factual dispute existed because there appeared to be no record of evidence that the prior art taught...

NLRB Limits Non-Union Employees' Rights to Representation.(Weingarten rights)
July 6, 2004... In IBM Corp., 341 NLRB No. 148 (2004), the National Labor Relations Board (the Board) overruled its July 2000 decision in Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92 (2000). Consequently, the Board has ruled that employers can now...

Daily Tax Update: Pre-Conference Negotiations Begin On FSC/ETI Bill.
July 7, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Prior to the Congressional July Fourth recess, Senate Democratic leaders submitted a preliminary list of conditions to Majority Leader Bill Frist (R-TN) and Senate Finance Chairman Charles...

US District Court Upholds California Financial Privacy Law Against Challenge on Preemption Grounds by Bank Trade Groups.
July 7, 2004... The new California Financial Information Privacy Act (known as "SB1" and widely regarded as the strictest in the nation) took effect on July 1 after the U.S. District Court for the Eastern District of California in Sacramento, California (the...

European Union's Common Agricultural Policy Implementation Act.(Agricultural Registers and Information Board)(Estonia's parliament enacts laws on product safety, explosives, legal prctice, radiation and packaging)
July 7, 2004... The Riigikogu passed the European Union's Common Agricultural Policy Implementation Act on 24 March 2004. The agricultural policy of the European Union is governed by Regulations directly applicable to the Member States. The Act lays down the...

OIG Request For Info On Resident Rotations To Nonprovider Settings.
July 7, 2004... The OIG is sending letters to a large number of teaching hospitals requesting information on whether the hospital had written agreements in place for rotations to nonprovider settings for academic year 2004, purportedly pursuant to a...

CMS Issues Interim Final Rule on Medicare Ambulance Temporary Rate Increases.
July 7, 2004... On July 1, 2004, CMS issued an interim final rule codifying four payment provisions for Medicare covered ambulance services contained in the Medicare Prescription Drug, Improvement and Modernization Act of 2003. See Fed. Reg. 40,288. This rule...

CMS Proposes Significant Changes to PRRB Rules.
July 7, 2004... On Friday, June 25, 2004, the Centers for Medicare & Medicaid Services ("CMS") proposed numerous changes to its regulations governing the appeals process for Medicare reimbursement determinations, which are typically heard by CMS's Provider...

Court Rejects Visually Impacted Property Owners in CEQA Case; Affirms Preservation as Mitigation.
July 7, 2004... Mira Mar Mobile Community v. City of Oceanside, Super. Ct. No. GIN021552 The Court of Appeal, Fourth District, recently issued an opinion rejecting a challenge to the City of Oceanside's certification of a Supplemental Environmental Impact...

U.S. Supreme Court Limits the Reach of U.S. Antitrust Laws, but Permits U.S. Discovery for Use in Foreign Tribunals.
July 7, 2004... The U.S. Supreme Court recently issued two opinions with important implications for the proper role of U.S. courts in international antitrust disputes. F. Hoffman-LaRoche Ltd. v. Empagran, S.A. limits the role of U.S. courts in addressing...

Finding A Balance Between Conflicting Responsibilities:Work And Caring For Aging Parents.(originally published in "Living in Balance" Magazine)(Reprint)
July 7, 2004... Originally published in "Living in Balance" Magazine Trying to manage the care of aging parents or a disabled family member, while trying to meet other work and family responsibilities is a challenge. One that faces a rapidly growing...

Freedom of Information - Will Public Authorities Be Able to Copy Copyright Documents When Responding to Requests?
July 7, 2004... Article by Richard Best, Ashurst* The Freedom of Information Act ("FOIA") was enacted in November 2000. However, its most important provision - the personal right of access to information held by public authorities - does not come into...

Introduction of Labor From The New EU States: What Will be The Immediate Impact?
July 7, 2004... On May 1, 2004, the European Union (EU) expanded by 10 new states so that the EU now comprises 25 member states. One of the fundamental principles of the EU is that all citizens of the EU should enjoy the freedom of movement, i.e., every...

Contractual Penalties in Standardized Employment Agreements: Are They Still Enforceable?(Brief Article)
July 7, 2004... It is not unheard of in Germany that an employee and employer agree on a start date, but as soon as the start date arrives, the employee is nowhere to be seen (probably because he found a better position in the meantime). What can the employer...

EU Launches Public Consultation on Customs Code.(European Union)(Brief Article)
July 7, 2004... The European Commission has called for public comment on a revised customs code by August 30. The European Commission is on the verge of suggesting to the Council and Parliament that they adopt a revised community customs code in the...