Mondaq Business Briefing articles from June 2004

Mondaq Business Briefing archives from June 2004

Privacy Compliance From Coast To Coast-Nobody Said It Would Be Easy.
June 1, 2004... With the coming application of the federal Personal Information Protection and Electronic Documents Act ("PIPEDA") in January 2004, and the development of similar private-sector privacy legislation in the provinces, organizations should be...

Commercial Litigation NetLetter- 27 May 2004.
June 1, 2004... HIGHLIGHTS A receiving order may be set aside where there is overwhelming evidence of the petitioning creditors' improper purpose in obtaining the order. Platt v. Malmstrom, [2004] O.J. No. 1544 (C.A.). Visit Quicklaw to access the...

Treasury, IRS Issue Guidance On Creative Properties In The Film Production Industry.
June 1, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS On May 27, the Treasury Department and IRS issued guidance designed to clarify when a film producer may recover costs incurred in acquiring or developing screenplays, scripts, and other...

A PCT Application Does Not Establish Priority in an Interference.(Patent Cooperation Treaty )(Tamai,)(U.S. Patent and Trademark Office)
June 1, 2004... In reversing the U.S. Patent and Trademark Board of Appeals and Interferences (Board), the U.S. Court of Appeals for the Federal Circuit held that the Board properly required a verified translation of a Patent Cooperation Treaty (PCT)...

Public Awareness of A Trademark Is Required to Establish Lanham Act Rights.
June 1, 2004... The U.S. Court of Appeals for the First Circuit, in affirming a grant of summary judgment, held that neither the plaintiff's intra-corporate transportation of goods bearing a disputed trademark from its U.S. offices to its U.K. offices, nor its...

Ministry of Construction Issues Administrative Measures on Concession Arrangements For Municipal Public Utilities.
June 1, 2004... The Ministry of Construction ("MOC") recently issued the Administrative Measures on Concession Arrangements for Municipal Public Utilities ("the Concession Arrangements"), which guide local governments on how to promote concession arrangements...

THE DAILY DEAL - "Movers & Shakers.".(Brief Article)
June 1, 2004... Jay Tannon has joined the firm as a partner in the Northern Virginia office. Jay's practice includes corporate and securities, international trade and private equity. He will help lead the business practice in Northern Virginia and Washington,...

NEW YORK TIMES - "Who's Who on The Bench? Who Can Tell.".(Brief Article)
June 1, 2004... New York partner Leo Milonas discusses his efforts to put together a judicial directory for New York State judges. The directory never was produced due to security concerns of the Association of Justice of the Supreme Court of the State of New...

When is a .ca Domain Name "Confusingly Similar?
June 1, 2004... Notwithstanding the relatively small number of decisions rendered to date under the Canadian Internet Registration Authority ("CIRA") Domain Name Dispute Resolution Policy ("CDRP"), two divergent approaches have already emerged in applying a...

Switzerland: The Right Of Residence Of Family Members Of European Community Nationals Who Are Swiss Residents - A "Politically Correct" Decision.(Swiss Federal Supreme Court)
June 1, 2004... In a 19th December, 2003 ruling, (case 2A.246/2003, considered for official publication), the Swiss Federal Supreme Court (hereafter "FSC", www.bger.ch) clarified the situation regarding the right of residence of third country 1(family members...

Interagency Statement on Sound Practices Concerning Complex Structured Finance Transactions.
June 1, 2004... On May 14, 2004, five federal agencies requested public comment on a statement regarding risk management procedures to help financial institutions manage the full range of risks associated with complex structured finance transactions, including...

Making Financing Easier (maybe).
June 1, 2004... Last year, California's residential developers secured some modest relief from the State's notoriously strict regulatory climate - or so they thought. Assembly Bill 728 ("AB 728"), which became effective January 1, 2004, aimed to encourage more...

Complex Title Structures Send Lenders "Back to Basics".
June 1, 2004... The typical non-recourse real estate loan is easy to describe. The borrower is the owner in fee simple of a piece of property. A lender agrees to lend money to the borrower, after satisfying itself that the value of the property is sufficiently...

Communications Law Bulletin-Special Edition.
June 1, 2004... Few issues are as important for the future of the telecommunications industry as the continuing ability of competing telephone companies to obtain access to the network facilities of incumbent carriers. The judicial reversal of the Federal...

License Omitting Material Terms Does Not Trigger On-Sale Bar.
June 1, 2004... In reversing a district court's decision declaring a patent invalid due to a prior offer to sell, the U.S. Court of Appeals for the Federal Circuit clarified the parameters of the on-sale bar under 35 USC s.102(b) in the licensing context. Elan...

Communications Law Bulletin.
June 1, 2004... The Month In Brief May was a full month in the various industries that make up the communications sector of our economy. One set of developments -- the continuing fallout from the judicial reversal of the Federal Communications...

The PIRATE Act: Should The Federal Government Be Responsible For Suing File Sharers?
June 2, 2004... The PIRATE Act is a bill introduced in Congress in May, 2004 by Senators Orrin Hatch (R-Utah) and Patrick Leahy (D-Vermont). The clever acronym stands for the full title of the Act which is the "Protecting Intellectual Rights Against Theft &...

Daily Tax Update: Congress Returns From Memorial Day Recess.
June 2, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the House and Senate reconvene from their week-long Memorial Day break. Although the House passed the Fiscal Year 2005 budget resolution prior to the recess, the Senate currently lacks...

District Court Upholds Preemption with National Bank Operating Subsidiaries.
June 2, 2004... The United States District Court for the District of Connecticut (the "District Court") granted summary judgment supporting a national bank's claim that its operating subsidiary was not subject to state licensing or related laws. The District...

Redistribution of Unused Resident Positions Deadline Extended.
June 2, 2004... The Centers for Medicare and Medicaid Services ("CMS") has reissued its one-time transmittal setting the date by which providers must choose the cost reporting period to be used in determining whether they are below their cap. Unless a...

IRS Preserves Right To Appeal St. David's Decision.(Internal Revenue Service)
June 2, 2004... On May 13, 2004, the Justice Department filed an appeal notice to maintain its ability to appeal the March 4, 2004, jury decision that St. David's Health Care System, Inc., continues to be tax-exempt notwithstanding its decision to contribute...

Medicare and FDA To Coordinate FDA Approvals With Medicare Reimbursement.
June 2, 2004... The Centers for Medicare and Medicaid Services ("CMS") and the Food and Drug Administration ("FDA") plan to sign an agreement to ensure that Medicare reimbursement is available by the time new FDA-approved drugs and devices enter the market....

Stark II: What You Need To Know Now!
June 2, 2004... By popular demand, Vinson & Elkins will be repeating the program recently held in our Austin office. On Friday, June 18, V&E will host a lunch seminar on the new Stark II Phase II Final Regulations at our Houston office. Our speaker once again...

Texas Court 0 For 3 as Federal Circuit Reverses on Written Description, Enforceability And Laches, Largely Due to Faulty Claim Construction.(Intirtool, Ltd.)
June 2, 2004... In a case which could serve as the poster child in a campaign for interlocutory appeals of claim construction issues, the U.S. Court of Appeals for the Federal Circuit reversed the Texas district court on claim construction, requiring reversal...

SEC Adopts New Rules Requiring Public Companies To Report Additional Matters on Form 8-K Commencing August 23, 2004; Filing Deadline Accelerated to Four Business Days In Most Cases.
June 2, 2004... The Securities and Exchange Commission recently adopted final rules expanding the number and type of events that must be reported by public companies on Form 8-K, and shortening the deadline for filing a Form 8-K for most items to four business...

Check Your Privacy Policies And Implement Data Security Programs.
June 2, 2004... Technical Glitches May Be No Excuse For Privacy Breaches Two recent cases involving inadvertent disclosures of personally identifiable consumer information further underscore the importance of implementing security programs to protect...

FTC Seeks Comment on Proposed FACT Act Regulations on Records Disposal and Identity Theft.(Federal Trade Commission)
June 2, 2004... The FTC has set a June 15 deadline for comments on two sets of proposed rules that, while they arise from the Fair and Accurate Credit Transactions Act (FACT Act or the Act), should be followed closely because of their broader implications for...

RFID Systems Under Increased Scrutiny by Legislators and Regulators.
June 2, 2004... The California Senate's passage last month of legislation that would restrict the use of radio frequency identification (RFID) systems and the FTC's plans to host a public workshop next month regarding the implications for consumers of this...

New Disclosures for Annual Reports for the Fiscal Year Ended December 31, 2003, and Proxy Statements for the 2004 Proxy Season.
June 2, 2004... Originally published January 26, 2004 Accelerated Filing Deadline The 2004 10-K and proxy season is now upon us. Under the accelerated filer rules adopted by the SEC in 2002, companies that indicated they were "accelerated filers" in...

The Retail Industry in Perspective - A Little of the New and A Little of the Old.
June 2, 2004... Originally published in Property Writes: 2nd Quarter 2004; Volume 8, Issue 2 - Sixth Annual Retail Issue The past year in the retail industry saw continued low interest rates and availability of equity funds that resulted in fierce...

Discovery of Lead in Drinking Water Raises Policy and Liability Questions.
June 2, 2004... Originally published 2nd Quarter 2004 Introduction The Washington Post recently reported that the District of Columbia Water and Sewer Authority (WASA) and the Army Corps of Engineers (Corps) rejected warnings from consultants who...

"Take This Exit" - Critical Considerations in Preparing for and Selling Your Business - Part II.
June 2, 2004... by Lonnie L. Sciambi, Managing Director and CEO Hamilton Capital Group, LLC, Philadelphia, PA, USA As we noted in Part I of this article, selling a business is not only an incredibly important decision in an entrepreneur's life, but a...

Senate Passes Project Bioshield Paving Way For President's Signature.
June 2, 2004... The United States Senate on May 19, 2004 approved legislation authorizing Project Bioshield, a program President Bush first outlined during his 2003 State of the Union address to prepare the nation better against a biological attack. The House...

Getting Out Without Selling Out: The Proposed Partnership Merger and Division Regulations.
June 2, 2004... I. Introduction: On January 11, 2000, the Treasury Department issued proposed regulations under s.708, relating to the tax consequences of partnership mergers and divisions. Prop. Reg. s.1.708-1(c), (d) (January 10, 1999). These proposed...

Daily Tax Update: Finance Committee Schedules Oversight Hearing On Charities Tax-Exempt Status.
June 3, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS On June 22, the Senate Finance Committee will hold a hearing on the best practices of charities, charities accommodating tax shelters, donor gifts of tangible and intangible property, and...

The USA Patriot Act and Anti-Terrorism Laws Impact the Real Estate Industry.
June 3, 2004... Originally published June 2, 2004 Three Regulatory Regimes Related to Terrorism Directly Affect the Real Estate Industry Three separate, but related, regulatory regimes used by the government to fight terrorism, directly impact the...

Establishing a Relationship with Local Law Enforcement Before Workplace Violence Occurs.
June 3, 2004... "Call us back when something happens," is not the response you want to hear from law enforcement when a potential workplace violence situation threatens. If your company has a workplace violence policy, established action plans and has trained...

Corporate Compliance and Ethics Programs: A New Generation.
June 3, 2004... Originally published May 14, 2004 U.S. Sentencing Commission Expands the Requirements for Effective Programs On April 30, 2004, the U.S. Sentencing Commission (the Commission) sent to Congress its proposed changes to the...

Pentagon to Investigate Defense Contractor Hiring Practices.
June 3, 2004... By Kristen E. Ittig and Jennifer Short Originally published March 18, 2004 The Pentagon inspector general's office has launched an inquiry into the hiring practices of defense contractors that recruit high-level military officials to...

New Metropolitan Areas Shuffle The Deck.
June 3, 2004... On May 11,2004, the U.S. Centers for Medicare and Medicaid Services (CMS) announced plans to implement new metropolitan area designations beginning with fiscal year 2005. If finalized, these changes will profoundly affect many aspects of the...

McDermott, Will & Emery's OSHA Group Plays Major Role in The Passage of OSHA Reform Bills in The U.S. House of Representatives.
June 3, 2004... On May 18, 2004, the U.S. House of Representatives passed four bills that would significantly reform the Occupational Safety and Health Act of 1970. McDermott, Will & Emery's OSHA Group, and particularly Art Sapper, a partner in the Washington,...

IRS-Required Annuity Disclosures: July 1, 2004 Deadline.(Internal Revenue Service)
June 3, 2004... Late last year, the IRS issued final regulations regarding the information that must be included in the explanation of the qualified joint and survivor annuity (QJSA) and the qualified pre-retirement survivor annuity (QPSA). These regulations...

The Last Word on Split Loans?
June 3, 2004... The High Court in Australia has finally made its decision in the case of Commissioner of Taxation v. Hart1, reversing the decision of the full Federal Court delivered in July 2002. The High Court decision is a fatal blow to the use of a split...

Increased Liability for Directors and Officers.
June 3, 2004... There has been very extensive publicity and concern about increased liability for officers and directors of public companies under the Sarbanes-Oxley Act. Far less publicity has been given to a number of recent cases which also expand the...

Am I Covered - Will You Have D&O Insurance When It Is Needed?
June 3, 2004... A number of factors have increased the potential exposure of individuals serving as directors and officers of public companies to claims by plaintiffs' lawyers. In particular, the notoriety of numerous large and well publicized financial frauds...

California Court of Appeal Upholds District's Decision to Issue Permit for Construction of Power Plant in San Jose.
June 3, 2004... In City of Morgan Hill v. Bay Area Air Quality Management District, issued May 14, 2004, the First District California Court of Appeal upheld a decision by the Bay Area Quality Management District ("District") to issue a permit to Calpine Inc....

Securities Investment Business In The Cayman Islands - a base for fund managers?
June 3, 2004... Introduction This article highlights certain considerations and advantages for entities carrying out securities investment business in or from the Cayman Islands. The Cayman Islands Government, in recognizing the broad diversity of...

Supreme Court Holds ADEA Does Not Prohibit Reverse Age Discrimination.(Age Discrimination in Employment Act of 1967 )
June 3, 2004... The Age Discrimination in Employment Act of 1967 ("ADEA") protects workers age 40 and over from age-based employment discrimination. The ADEA clearly prohibits the discriminatory preference of younger workers over older workers, but on February...

John J. Clair Appointed Office Managing Partner of Los Angeles Office.(Latham & Watkins LLP)
June 3, 2004... Los Angeles, June 2, 2004. Latham & Watkins LLP1 is pleased to announce that John J. Clair has been appointed the new Office Managing Partner of the firm's Los Angeles office. He succeeds Martha B. Jordan who served in that position since 1998....

Daily Tax Update: FSC/ETI Repeal Bill To Be Introduced In House Tomorrow.
June 4, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS House Majority Whip Tom DeLay (R-TX) announced this afternoon that the House version of the FSC/ETI replacement legislation will be introduced on Friday, June 4, that it will be marked-up by...

New Regulatory Developments Affecting Banks - SEC Votes to Propose Regulations Implementing Gramm-Leach- Bliley Bank Broker Rules.
June 4, 2004... SPECIAL EDITION The SEC voted on June 2, 2004 to publish proposed Regulation B ("Proposed Regulation B") which will implement provisions of the Gramm-Leach-Bliley Act of 1999 ("GLBA") that identify the securities activities that banks may...

Finding "Comfort" in Comfort Letters in Mezzanine Loan Financing.
June 4, 2004... Originally published April 2, 2004 In the creative and complex world of hotel financing, many investors and developers are utilizing mezzanine loans in their transactions. Mezzanine financing provides funding to bridge the gap between the...

International Client Alert-June 2004.
June 4, 2004... White House Imposes Sanctions On Syria On May 11, 2004, the White House released Executive Order 13338 (the "Executive Order") imposing sanctions on Syria. Implementing regulations by the Bureau of Industry and Security were released on...

CMS Revises Medicare Program Integrity Manual: Work of Program Safeguard Contractors And Data Mining Fully Implemented.
June 4, 2004... The Centers for Medicare and Medicaid Services (CMS) issued revised Medicare Program Integrity (PIM) instructions, effective May 10, 2004, via Transmittal 71 (April 9, 2004). The revisions may be accessed online at...

Daily Tax Update: House Jobs Bill Introduced Today.
June 7, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, House Ways and Means Committee Chairman Bill Thomas (R-CA) introduced "The American Jobs Creation Act of 2004" (H.R. 4520) in anticipation of a mark-up on June 10. The net cost of the...

Finance Ministry Decree On Redundancy Payments.
June 7, 2004... The finance ministry has issued a decree on the conditions under which redundancy payments still rank for favourable tax treatment, despite continuing or additional benefits to ex-employees. Redundancy payments to employees laid off are...

German Tax and Legal News-June 2004.
June 7, 2004... Tax Revenue Shortfall Of [euro] 10 Bn In 2004 Expected The ministry of finance released the latest six-monthly tax revenue estimates on May 13. The estimates for 2004 have fallen by [euro] 9.6 bn from the previous estimate of November 2003....

Potential for German Investors: Entering the Ukrainian Market.
June 7, 2004... [1] Following the break-up of the USSR, the Ukrainian economy went into a lingering depression. In the last few years, however, its potential has been recovering: Ukraine is now one of the most successful of the former Soviet republics in...

Supreme Court Docket Report, October 2003 - Number 11.
June 7, 2004... Recently the Supreme Court granted certiorari in and consolidated two cases of interest to the business community. Amicus briefs in support of the petitioners will be due on Thursday, June 10, 2004, and amicus briefs in support of the...

Supreme Court Docket Report, October 2003 - Number 12.
June 7, 2004... Recently the Supreme Court granted certiorari in two sets of cases of interest to the business community. Amicus briefs in support of petitioners will be due on Thursday, July 8, 2004, and amicus briefs in support of respondents will be due on...

The Woodley Road Appeal: Finally a Decision, but Less than Meets the Eye?(Woodley Joint Venture v. ITT Sheraton Corporation)
June 7, 2004... Originally published June 2004 Since December of 1999, when the jury in 2660 Woodley Joint Venture v. ITT Sheraton Corporation shook the foundations of the most important relationship in the hospitality industry, that of owner and operator,...

Section 6700 - IRS's Newly Found Weapon Against Professionals.(bond lawyers)(Internal Revenue Services)
June 7, 2004... Recent actions by IRS agents to invoke section 6700 ("Promoting Abusive Tax Shelters, Etc.") portends a new area of concern for professionals who render tax advice. This penalty section was added to the Internal Revenue Code in 1982, primarily...

How Safe Is Taxpayer Information In The Hands Of Congress?
June 7, 2004... Several recent Congressional investigations of tax shelters, the Advance Pricing Agreement program, and certain charitable organizations have raised questions in the minds of taxpayers concerning how to maintain the confidentiality of sensitive...

The Impact of the Bipartisan Campaign Reform Act on Tax Exempt Organizations Still Evolving.
June 7, 2004... President Bush signed the Bipartisan Campaign Reform Act ("BCRA") into law on March 27, 2002. BCRA represents the most significant changes to campaign finance laws since the reforms enacted after the Watergate scandal almost three decades ago....

BFSB to Address MFA Forum 2004.(Managed Funds Association)
June 7, 2004... The Global Alternative Investment Industry The Managed Funds Association (MFA) will host Forum 2004 on June 14-16 at The Waldorf-Astoria in New York. The event, targetting professionals in the hedge fund and alternative investment...

Two-Nil: RACV wins against Unisys again!
June 7, 2004... In late 2001 we reported the decision of Justice Hansen in the Supreme Court of Victoria on a claim by RACV Insurance Pty Ltd (RACVI) and RACV Group Services Pty Ltd (RACVGS) against Unisys Australia Limited (Unisys) in respect of a failed IT...

Memorandum On Amendments In The Banks Law Made By The Law 5020.
June 7, 2004... December 2003 TABLE OF CONTENTS I. SUBJECT II. AMENDMENTS IN VARIOUS LAWS 1. Paragraph Added To Civil and Criminal Procedures Laws 2. Duty Assigned To The Office of Senior Legal Advisor and The General Directorate of...

Court of Appeals Upholds Constitutionality of National Do-Not-Call Registry.(Mainstream Marketing Services Inc. )
June 7, 2004... On February 17, 2004, the United States Court of Appeals for the Tenth Circuit in Mainstream Marketing Serv., Inc. v. Federal Trade Comm'n, Nos. 03-1429, 03-6258, 03-9571, 03-9594, 2004 WL 296980 (10th Cir. Feb. 17, 2004), ruled that the...

'Free Software' - Myth or Reality!!(rules for open source software)
June 7, 2004... The functions performed by a computer program depend on its 'source code' ('code'). The code is an integral part of a computer program and is, therefore, heavily protected. He who possesses the code controls the software, and thus software...

Income Trusts-A Maturing Capital Markets Sector.
June 7, 2004... In the past two years, the income trust has developed into an extremely widespread and versatile vehicle for acquiring and repackaging an increasingly diverse range of businesses in an effort to maximize value. A widely cited statistic for 2002...

Restrictions On Non-Resident Ownership.(income trusts)
June 7, 2004... For a number of reasons, income trusts have featured prominently in the business media in the last few months. One issue that has garnered its share of headlines concerns the restrictions on ownership of income trusts by non-residents that...

Monitoring Non-Resident Ownership.
June 7, 2004... Widespread use of the depository system in Canada and the U.S. imposes practical limits on income trusts' ability to monitor and control non-resident ownership of their units. Many income trusts are subject to restrictions on the ownership of...

The Trademark Approval Process of The Food And Drug Administration's Office of Drug Safety.
June 7, 2004... Introduction The pharmaceutical industry has matured rapidly with respect to its understanding of the value of trademarks. However, the problems that can be created by similar drug trademarks are significant. While confusingly similar...

IRS Focuses On Executive Compensation Of Tax-Exempt Health Care Organizations.
June 8, 2004... Recently, the Internal Revenue Service ("IRS") announced an initiative to monitor tax-exempt health care organizations to ensure compliance with section 4958 of the Internal Revenue Code of 1986, as amended, regarding excess benefit...

GAO Forum Concludes Health Care Reforms Necessary To Control Unsustainable Spending.(General Accounting Office )
June 8, 2004... On May 28, the United States General Accounting Office ("GAO") released a special publication containing highlights of the GAO's January 2004 Health Care Forum. Participants concluded that U.S. wealth and other factors drive up health care...

California Nurse Staffing Ratios Regulation Upheld.
June 8, 2004... On May 25, 2004, a Sacramento Superior Court Judge upheld a California Department of Health Services ("DHS") nurse staffing regulation that requires hospitals to reassign patients to a different nurse anytime their assigned nurse takes a break....

The New Technology Transfer Block Exemption.
June 8, 2004... The new Technology Transfer Block Exemption ("the TTBE"),1 which entered into force on May 1, presents the final step in the Commission's program to overhaul Article 81 EC. Compared to its predecessor, generally referred to as "the last...

New Securities Rule Requires Disclosure Of Voting Results.
June 8, 2004... >In our Corporate Securities Update* of January 13, 2004, we introduced National Instrument 51-102 - Continuous Disclosure Obligations which provides a nationally harmonized set of continuous disclosure requirements for reporting issuers...

Privacy Basics for Mobile Information Technologies.
June 8, 2004... Originally published 1st Quarter 2004 The recent explosion in mobile information technology (IT) products and services for consumers presents an interesting new context for federal, state and international privacy laws. On February 17,...

Re Section 82 of the IBC Act and US Securities Act.
June 8, 2004... Harneys has recently acted for a client in a successful court approved arrangement under section 82 of the International Business Companies Act (Cap. 291) (the "Act"). Importantly the arrangement offered significant benefits to a client...

A New Introduction to the Practice of Non-injury Motor Accident Claims.
June 8, 2004... The new Practice Direction applies to non-injury cases only. Injury cases should continue to observe the requirements of pre-action notices to the defendant's insurers under the Motor Vehicles (Third Party Risk and Compensation) Act (Cap 189)....

Corporate Decision-Making and the Pensions Bill.
June 8, 2004... New clauses included in the draft Pensions Bill have the potential to cause serious damage to corporate activity for companies and groups that operate defined benefit (typically final salary) pension schemes. These clauses are so...

Stress at Work: Personal Injury Claims.(Somerset County Council )
June 8, 2004... Two years ago the Court of Appeal in Sutherland v Hatton confirmed that to succeed in a negligence claim for damages for injury to health caused by stress at work, an employee must establish not just causation (which requires clear medical...

Residential Property Development in Vietnam.
June 8, 2004... Article by Mary De Souza and Ying Ying LeeThis article deals with some issues that may be of interest to property developers seeking to invest in the fast growing residential property market in Vietnam. Introduction The Landmark was...