Mondaq Business Briefing articles from March 2003

Mondaq Business Briefing archives from March 2003

Instant Messaging for Grown-ups.
March 3, 2003... Does "IM" in your office mean "instant mess"? Or has instant messaging technology become an increasingly useful business communications tool? Instant messaging first took popular hold with consumers through AOL (and its offshoot product...

Writing Contracts That Get Signed.
March 3, 2003... Far too often, the excitement of shaking hands on a deal gets lost when lawyers get involved. Instead of getting done, the deal gets buried under the contract details of what happens if and when something goes wrong. This risk affects all...

Decoding Software Proposals.(details of software licensing cannot be ignored)
March 3, 2003... Most executives avoid the details of software licensing. Yet in today's tech-dependent economy, businesses "can't live with it, can't live without it." Even though proposals for new software have become ever more complex, executives, rather...

CMS Issues Proposed Outlier Rule.(Centers for Medicare and Medicaid Services)
March 3, 2003... Dennis Barry, Gary Eiland, Elizabeth Weeks, and Andy Ruskin On February 28, 2003, CMS issued a draft version of the anticipated proposed rule modifying the methodology for determining Medicare outlier payments under the inpatient...

Physician Payment Update "Fixed".(CMS increases fees to physicians for Medicare patients by average 1.6%)
March 3, 2003... The annual update to CMS's physician payment rate is a positive instead of a negative as was originally planned for 2003. On February 26, CMS announced an average increase of 1.6% for fees to physicians treating Medicare patients effective...

Major Medicaid & Chips Cuts In Texas.
March 3, 2003... Texas Commissioner of Health and Human Services, Albert Hawkins, outlined before the Senate Finance Committee proposed budget cuts applicable to the CHIP and Medicaid programs on February 27, 2003. The cuts were presented in the form of...

Damages for Nervous Shock Following Medical Negligence.
March 3, 2003... In this bulletin we examine the recent decision of the Court of Appeal in the case of North Glamorgan NHS Trust v Walters [2002] EW CA Civ 1792 which reviewed the law governing the circumstances in which a claimant is able to recover damages...

Undesirable Conduct Not Sufficient to Strike Out Defences.
March 3, 2003... The trial of Douglas and Zeta-Jones v Hello! Limited and Others has received prominent coverage in both the broadsheet and tabloid newspapers over the last few weeks. Analyses of the privacy laws in this country have been mixed in with snippets...

Treasury Shares.(DTI published draft regulations that let companies buy, hold, re-sell their own listed shares)
March 3, 2003... The DTI has published its final draft regulations allowing companies to buy, hold and re-sell their own listed shares. The DTI has published the final draft of The Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003....

Re-Use Of Public Sector Information - Bonanza For The Information Industries?
March 3, 2003... In June 2002 the European Commission published a proposal for a Directive on "the re-use and commercial exploitation of public sector documents". The scope of this measure is currently under debate, but could release large quantities of content...

Arsenal Win In Europe (But Suffer A Humiliating Defeat At Home).(Column)
March 3, 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 the Gunners, he needed help from the European Court to...

Mediation: Refuse And Be Damned?(Column)
March 3, 2003... Introduction Lord Woolf's Reforms to the Procedural Rules governing litigation ("the CPR"), introduced in April 1999, were designed to streamline the litigation process, reduce delay and costs and, in general, provide 'access to justice'...

Good for the Heart?(Advertising and Promotion Act bans advertising of tobacco products)(Column)
March 3, 2003... St Valentine's Day will be the date when the UK Government's policy on the banning of tobacco advertising will be visibly kick-started. From 14 February 2003 there will be a prohibition on advertisements for tobacco products on billboards and...

Rolling Out A Law Firm Merger - Getting Attention, Supporting Integration, Reaching Clients.
March 3, 2003... By Elizabeth Lampert and Richard S. Levick, Esq. Successful merger media is about early and honest planning, not public mutual backslapping. It communicates why your clients and prospects should care. When it comes to law firm merger...

Market Abuse and The Media.
March 3, 2003... Article by Grania Baird and Richard Shillito Introduction The Financial Services and Markets Act 2000 ("FSMA") which came into force on 1 December 2001 involved radical reform of the regulation of the financial services industry in the...

Market Abuse: Could It Happen Here?
March 3, 2003... It is not altogether surprising that the regulatory authorities should occasionally have journalists in their sights, given the impact press and TV reports can have. A good illustration of that impact was given by Anatole Kaletsky in The Times...

Energy Update - FERC Sets New Conditions for Approval of Utility Debt Issues.(Federal Energy Regulatory Commission)
March 4, 2003... The Federal Energy Regulatory Commission ("FERC") must approve the issuance of securities by some utilities subject to its jurisdiction. In an order dated February 20, 2003, FERC imposed stringent new conditions on these debt issues, which it...

IFLR Names Mallesons Stephen Jaques Australian Law Firm of the Year.(International Financial Law Review)(Brief Article)
March 4, 2003... Mallesons Stephen Jaques, has been named as the Australian Law Firm of the Year in this year's International Financial Law Review's (IFLR) Asian Legal Deals of the Year Awards 2002. In making the announcement IFLR commented: "Australia...

Financial Services Alert.(industry briefs)
March 5, 2003... Basel Publishes Guidance on Operational Risk Supervision and Management The Basel Committee on Banking Supervision (the "Basel Committee") published guidance on sound practices for the management and supervision of operational risk. The...

Securities Legal Alert.(Securities and Exchange Commission ethics regulations for financial experts)
March 5, 2003... Co-authored by Randy Eaddy, Neil Falis, Rey Pascual, David Stockton, Mike Trotter, Betty Wren. SEC Issues Final Rules on Financial Experts and Codes of Ethics As described in our Securities Legal Alert dated November 11, 2002, the SEC...

The Report Of The Second Indian National Labour Commission-2002: - - An Overview.
March 5, 2003... Prologue The first National Labour Commission 1929, had promised lot in the direction of social security, social welfare, wages, social insurance, industrial relations, industrial adjudication, collective bargaining etc,. In sequel to the...

Re-Visiting Chapter VB Of ID Act With Special Reference To The Retrenchment and Approach.
March 5, 2003... Prelude Chapter VB of the Industrial Disputes Act, 1947 (Sec.25K) denotes that the Provisions of this Chapter shall apply to an industrial establishment in which not less than 100 workmen were employed on an average per working day for...

Building a `Profound' Patent Portfolio.
March 5, 2003... A 'profound' patent portfolio-one that addresses an industry's critical challenges-will help a start-up or emerging company to grow in the years beyond its current round of financing. To foster their start-up clients' development of such...

Media and Mediation: More Than a Phonetic Match?
March 6, 2003... The tide of ADR is rising in many places -- it is a viable mechanism in television format disputes? I must declare at the outset that I come to this from a Paulian perspective. In the early Nineties, as a libel defence lawyer, I was very...

Bankruptcy Legal Alert.(advantages and disadvantages of pre-bankruptucy and bankruptcy acquisitions)
March 6, 2003... Buying Assets From A Distressed Company Or Debtor In Bankruptcy Given the current state of the economy, now may be a good time to pick up some telecom assets, real estate, office equipment or practically any other type of asset from a...

Securities Legal Alert.(SEC's final rules on auditor independence)
March 6, 2003... SEC Issues Final Rules On Auditor Independence One of the most significant aspects of the Sarbanes-Oxley Act of 2002 is the series of new and enhanced "independence" requirements to which accounting firms that audit issuer financial...

Leveraging The Intellectual Capital of Your Portfolio Companies.
March 6, 2003... By Andrew J. Sherman and Paul Devinsky In the recent era of down rounds, portfolio company shutdowns and declining tech budgets, the bright spot for increasing the value of your portfolio companies may rest in the mining and harvesting of...

Statutory Money Purchase Illustrations - Employement, Pensions & Benefits Briefing.
March 6, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Executive summary From 6 April 2003, pension schemes that provide money purchase benefits must include in members' annual benefit statements a forecast of the...

And You Thought Tariff Based Trade Barriers Were a Curse: The Precautionary Principle at Work.(Pfizer Animal Health SA vs European Union's Court of First Instance over biotech foods)
March 6, 2003... Lurking behind the persistent reports that the U.S. is about to take the European Union to the World Trade Organization over the EU's refusal to lift its moratorium on new biotech crop approvals is the specter of a recent ruling by the European...

Regulating Biotechnology: Science, Ethics, Law And Governance Meet Head On In The Age Of Informed Ignorance.
March 6, 2003... By Mark Mansour, Matthew M. Wright, Natasha L. Drew and Frederick A. Stearns, of Keller and Heckman LLP It has been five years since the cloning of 'Dolly' the sheep and only two years since the unveiling of the completed map of the human...

Helping Indiana Cities and Towns Pursue Brownfield Cleanups.
March 7, 2003... By George M. Plews, Stephen A. Studer, and Jeffrey D. Featherstun Plews Shadley Racher & Braun is helping a number of Indiana municipalities redevelop environmentally impaired sites. Brownfields are abandoned or underutilized urban...

FTC Alleges Unocal Used "Patent Ambush" To Gain.(Federal Trade Commission files administrative complaint charging Union Oil Company of California with violating Section 5 of the FTC Act)
March 7, 2003... Monopoly Power In Reformulated Gasoline Markets On March 4, 2003, the Federal Trade Commission ("FTC") filed an administrative complaint charging Union Oil Company of California ("Unocal") with violating Section 5 of the FTC Act by...

FTC To Challenge Ice Cream Merger.(Federal Trade Commission to seek preliminary injunction blocking merger between Nestle and Dreyer's Grand Ice Cream)
March 7, 2003... On March 4, 2003, the Federal Trade Commission unanimously voted to authorize its staff to seek a preliminary injunction blocking a proposed $2.8 billion merger between two ice cream companies - Nestle Holdings, Inc. and Dreyer's Grand Ice...

Barton Releases Draft Energy Bill.(Rep. Joe Barton (R-TX))
March 7, 2003... by Steven Angle, Donna Bobbish and Frank Verrastro On February 28, Rep. Joe Barton (R-TX) released a draft of his proposed energy legislation for the new Congress. Barton's proposal is similar to H.R. 4, which was passed by the House last...

Supreme Court Holds That The Federal Trademark Dilution Act Requires Proof of Actual Injury.
March 7, 2003... The Supreme Court unanimously held today that the Federal Trademark Dilution Act ("FTDA") unambiguously requires proof of actual injury, as opposed to a presumption of harm arising from a subjective "likelihood of dilution" standard. Moseley v....

Community Patent Closer to a Reality.(Council of the European Union Competitiveness Committee reaches consensus that heralds new patent regime)
March 7, 2003... After nearly three decades of wrangling, the Council of the European Union Competitiveness Committee has finally reached a consensus that heralds a new patent regime. Agreement has been reached on a number of key issues relating to the...

EC and DoJ Approval of the 3G Patent Platform.(European Commission, Department of Justice)
March 10, 2003... Ky P Ewing, Jr, of counsel with Vinson & Elkins, Washington DC, acted as US counsel to the 3G Patent Platform Partnership of 19 mobile telecommunications companies. Below he explains the technological background and competition issues raised by...

Financial Services News.(includes multiple news briefs)
March 10, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents Financial Services Authority HM Treasury European Union London Stock Exchange Bank for International Settlements Our publications...

Product Risk and Liability News.
March 10, 2003... This article was prepared by lawyers from Freshfields Bruckhaus Deringer Contents EU Directive setting safety standards for human blood and blood products EU Legal Aid Directive adopted UK/AUSTRALIA DVT actions UK...

IACCM (International Association of Contract & Commercial Managers) Introduces The First Contract & Negotiation Excellence Awards.
March 10, 2003... By Tim Cummins, Executive Director, IACCM Corporate Governance is More Than a Simple Expression. It Demands Systems, Processes & Skills. At this time when Corporate Governance is such a major issue, the work of IACCM and its members...

Mayer, Brown, Rowe & Maw Hosts Russian, Central Asian Oil and Gas Executives.(for corporate, finance training program)
March 10, 2003... March 7, 2003, Houston -- A group of 17 senior finance executives from major and national oil companies in Russia and seven former Soviet countries got hands-on corporate and finance training during a weeklong visit to Houston as part of a...

OIG Alerts Durable Medical Equipment ("DME") Suppliers To Prohibited Telemarketing Practices.
March 10, 2003... The OIG last week issued a fraud alert reminding DME suppliers that they are prohibited under Medicare law from directly or indirectly making unsolicited telephone calls to Medicare beneficiaries with the purpose of furnishing Medicare-covered...

Hospital Kitchens Exempted From Bioterrorism Regs on Food Industry.
March 10, 2003... Recently released proposed regulations address the registration of facilities that manufacture, process, pack, or hold food for human consumption in the United States. These proposed rules were promulgated under the Public Health Security and...

Reminder To Comply With Executive Order 13224.(business with terrorists prohibited)
March 10, 2003... In much the same way that health care providers routinely check the government's lists of excluded individuals and entities in order to comply with Medicare prohibitions on doing business with individuals and entities excluded from the Medicare...

Analysis of July 25, 2001 EC Traceability, Labeling, Food and Feed Proposals.(European Commission announces its adoption of proposals on the authorization and labeling of biotech food and feed)
March 10, 2003... Originally published in July 2001 EXECUTIVE SUMMARY The European Commission has announced its adoption of long-awaited proposals on the authorization and labeling of biotech food and feed, as well as traceability of biotech commodities...

To Be Burnt At The Stake Without A Trial? - Biotechnology Law Conference 2003.
March 10, 2003... Article by Karen Price, Partner and Jason Welsh, Senior Associate GM LIABILITY AND RISK MANAGEMENT INTRODUCTION The Royal Commission on Genetic Modification was established to report to Government on, amongst other things, options...

Outlier Teleconference.(American Health Lawyers Association is sponsoring a teleconference, "Outlier Payment Issues and Recent Investigations")
March 10, 2003... The American Health Lawyers Association is sponsoring a teleconference on March 19, 2003, "Outlier Payment Issues and Recent Investigations." Topics will include an examination of the outlier payment system, the recent events which have led to...

Liability Arising From An Oil Spillage Vis-A-Vis Maritime Insurance And Environmental Law Perspective.
March 10, 2003... NOTE: This paper was to be read by the author at the Environment Law Committee Session, 2003 of the Inter-Pacific Bar Association (IPBA) Convention that was held in New Delhi, India in February, 2003. Unfortunately, due to Visa restrictions...

Monies Paid Into Joint Account to Discharge Freezing Injunction Do Not Create Any Security Right.
March 11, 2003... The recent Court of Appeal decision in Flightline Limited v Edwards & another [2003] EWCA Civ 63 has considered the status of monies paid by the defendants, Swissair Schweizerische Luftverkehr-Aktiengesellshaft ("Swissair"), into a joint...

Securites Legal Alert - SEC Issues (near) Final Rules on Standards of Professional Conduct for Attorneys.
March 12, 2003... Section 307 of the Sarbanes-Oxley Act of 2002 directed the SEC to issue rules that require an attorney to report evidence of a material violation of securities laws or a breach of a fiduciary duty "up the ladder" within an issuerto the issuer's...

Securites Legal Update - SEC Issues Final Rules on Use of Non-GAAP Financial Measures and Furnishing Earnings Releases on Form 8-K.
March 12, 2003... In our Securities Legal Alert dated December 3, 2002, we discussed the SEC's proposed rules to implement Section 401(b) of the Sarbanes-Oxley Act of 2002. The SEC has adopted final rules setting forth the following principal requirements: ...

Financial Services Update.(the FDIC issues guidance for banks while Massachusetts enacts tax legislation)
March 12, 2003... FDIC Issues Guidance on Sarbanes-Oxley Application to Insured Banks The FDIC published a Financial Institution Letter (FIL-17-2003, the "Letter") concerning the effect of the federal Sarbanes -Oxley Act of 2002 (the "S-O Act") on insured...

Investment Funds.(corporate governance issues in UK)
March 12, 2003... by Nigel Farr & Scott CochraneInvestment Companies: Recent Developments in Corporate Governance Recent months have seen significant developments in relation to corporate governance issues affecting investment companies. January 2003 saw...

The ECJ Defines the "Genuine Use" of Trade Marks.
March 12, 2003... Co-authored by Rachael Montagnon The ECJ Defines the "genuine use" of Trade marks Yesterday, in a judgement based on the questions referred to it by the Benelux court in Ansul v Ajax, the European Court of Justice set out the test...

Commission Given Go-ahead On German Banks State Aid cases.
March 12, 2003... Co-authored by Kristien Geeurickx The CFI's ruling in the WestLB case of 6 March 2003 (Joined Cased T-228/99 and T-233/99) confirms the Commission's analysis that capital injections by the State in favour of public undertakings must be...

After Festo: The Issues on Remand.(Festo Corp. v. Shoketsu Kinzoku Kabushiki Co. ruling is discussed)(Reprint)
March 12, 2003... Article by Tom Irving, Esther H. Lim, and Jeffrey H. Tidwell Originally published in Intellectual Property Today, December 2002 Introduction On May 28, 2002, the U.S. Supreme Court rendered a decision highly anticipated by members...

Use of the International Trade Commission's Evidentiary Record in a District Court Proceeding: The Mechanisms and Implications of Transfer of the Commission Record.(Reprint)
March 12, 2003... Article by Steven M. Anzalone and Paul C. Goulet Originally published in the 337 Reporter, Volume XIX, Winter 2003, a publication of the ITC Trial Lawyers Association Section 337 investigations at the U.S. International Trade...

Dissenting Views Raise Uncertainty in Written-Description Law.(Reprint)
March 12, 2003... Reprinted with permission from the IP Litigator, November/December, 2002. Published by Aspen Law & Business. The Patent Act requires that "[t]he specification shall contain a written description of the invention, and the manner and...

Repair Doctrine Prevents Claims of Indirect Infringement for Selling Replacement Parts.(Reprint)
March 12, 2003... Reprinted with permission from the IP Litigator, September, 2002. Published by Aspen Law & Business. Sometimes, after obtaining a patent on a combination of specific components, a patentee realizes that the greatest commercial value lies...

Military Leaves and USERRA.(Uniformed Services Employment and Reemployment Rights Act)
March 13, 2003... By Robert K. Stewart, Jr and Mark J. Hackett With war in Iraq looming, as of February 19, 2003, over 151,000 members of the Reserves and National Guard are currently serving on active duty, with more call-ups likely in the coming months....

Intellectual Property Legal Alert.(Supreme Court rules on the Federal Trademark Dilution Act)
March 13, 2003... Supreme Court Holds That The Federal Trademark Dilution Act Requires Proof of Actual Injury The Supreme Court unanimously held today that the Federal Trademark Dilution Act ("FTDA") unambiguously requires proof of actual injury, as opposed...

City Of Dallas/Trinity River Project Litigation.
March 13, 2003... by Ray Hutchison and Orrin Harrison On behalf of the City of Dallas, V&E recently defeated a court challenge to the $1 billion Trinity River renovation project. The Trinity River project represents one of the City's most significant public...

Fluor Enterprises.
March 13, 2003... by Gib Walton and Adam Schiffer In September 2002 V&E won a nationally-recognized verdict for Fluor Enterprises when a federal court jury in Houston ordered a major chemical company to pay $34.5 million to Fluor in a contract dispute...

Prodigy Communications Corporation.(British Telecommunications PLC loses a patent infringement case)
March 13, 2003... By Bill Schuurman and David Killough In a case widely watched for its potential implications, V&E successfully defended Prodigy Communications Corp., one of America's leading Internet service providers, in a patent infringement suit...

Duty Of Care Owed On The Playing Field - A Further Incremental Step?
March 13, 2003... In this bulletin we consider the recent Court of Appeal decision in the case of Vowles v Evans and others [2003] All ER 134 which considered whether the Claimant who was injured during an amateur rugby game could recover damages. The facts...

CBS Communications.(Case involving "48 Hours")
March 13, 2003... by Tom Leatherbury and Mike Raiff The Fifth Circuit recently affirmed a summary judgment V&E won for CBS in a case involving a 48 HOURS report about the "Roby 43" - 43 West Texans who won a $46 million lottery jackpot in 1996. 48 HOURS...

American National Insurance Company.
March 13, 2003... by John Carter, Karen Jewell and Catherine Smith Hired to appeal an order that certified a nationwide class of insurance agents pursuing claims against American National Insurance Company ("ANICO"), V&E successfully persuaded the Beaumont...

Appeals Court Decision Confirms Customary Indemnification Standard for Investment Bankers.
March 13, 2003... The Ruling On January 9, 2003, the United States Court of Appeals for the Third Circuit issued its ruling in In Re United Artists Theatre Company, Debtors,1.in which it affirmed a lower court decision holding that it was not unreasonable,...

Project Finance Monthly.(US Atlas methanol project is closed; UK has new approach to oil and gas )
March 13, 2003... Prepared by lawyers from Freshfields Bruckhaus Deringer Contents US Atlas methanol project closed UK New approach to oil and gas exploration VIETNAM Phu My 2.2 is drawn down INTERNATIONAL Energy projects in the...

Health Partner Joins Vinson & Elkins.
March 13, 2003... (Washington, D.C.) March 10, 2003 - Vinson & Elkins is proud to announce that a nationally recognized health lawyer, Christopher "Chris" L. Keough, has joined the law firm as a partner in its Washington, D.C. office effective immediately. ...

Mayer, Brown, Rowe & Maw LLP Advise Flight Centre In [pounds sterling]45.3 Million Acquisition.(Acquisition of Britannic Travel Ltd.)
March 13, 2003... The Corporate Group at Mayer, Brown, Rowe & Maw LLP have advised Australia's Flight Centre Limited in its pound sterling45.3 million acquisition of London-based Britannic Travel Limited. Flight Centre is one of Australia's 100 largest companies...

HIPAA Advisory.
March 13, 2003... by Gerry Hinkley and Rachel Glitz As the April 14 HIPAA compliance deadline approaches and necessary policies, procedures and training are coming into place, it is time for covered entities to turn attention to the task of formalizing...

European Battleground for Genetically-Modified Organisms (GMOs) - Further News.(European Court of Justice has three cases)
March 13, 2003... It has been a busy day for the European Court of Justice, as no less than three cases relating to the marketing/use of GMOs are reported today. Failure to implement Directive on the contained use of genetically modified micro-organisms ...

Restructuring and Insolvency Bulletin.
March 13, 2003... Contents UK Insolvency developments timetable UK Enterprise Act 2002 - update UK Company voluntary arrangement (CVA) UK Fraudulent trading UK Getting the deal through UK HM Treasury consultation document UK EU...

Capital Call Agreements As Credit Enhancement.
March 14, 2003... by Joel F. Brown and Randall L. Klein The capital call agreement is a popular device, especially in tight credit markets, for accommodating the divergent goals of secured lenders, their borrowers and shareholders. Sometimes called a support...

Investment Funds.(Cayman Islands is most important financial center in Caribbean)
March 14, 2003... "The Cayman Islands is undeniably the most important financial centre in the Caribbean and ranks amongst the largest and most important financial centres in the world." Paul O'Neill (former) U.S. Treasury Secretary, November 2001 1....

Insolvency Act 2000 - A Further Erosion of Creditors' Rights?
March 14, 2003... After a long period of gestation, the principal provisions of the Insolvency Act 2000 came into force on 1st January 2003. It introduces the first protected 'debtor in possession' insolvency regime in the UK. The key points of the...

Jurisdiction - Shopping Around.(Cases related to international contracts)
March 14, 2003... When international contracts go wrong, typically one of the first issues to resolve is where the dispute should be heard. In general terms, the approach of the English courts has been to discourage parties from what is known as "forum...

European Court Tax Decision Set To Save UK Companies Millions.
March 14, 2003... A recent decision of the European Court of Justice in a case involving the German company Lankhorst-Hohorst may have important tax consequences for UK companies that are members of European wide groups. THIN CAPITALISATION Companies...

Proposed Sarbanes-Oxley Regulations Will Require Internal Complaint Procedures.
March 14, 2003... By Matthew D. Latimer and Douglas J. Morrill Overview On January 8, 2003, the Securities and Exchange Commission (the "SEC") voted unanimously to propose new regulations (the "Proposed Rules") mandating, among other things, that listed...

Software Infringement - Naming And Shaming.
March 14, 2003... The Business Software Alliance ("BSA") is dedicated to protecting the interests of its software house members. Understanding its methods, and good software housekeeping practices can prevent businesses from falling foul of its naming and...

Financial Assistance - Some Good News at Last?
March 14, 2003... BACKGROUND The prohibition on "financial assistance" forms part of the wider maintenance of capital regime in English company law. It is a criminal offence for a company (or any of its subsidiaries) to give financial assistance for the...

An Overview Of The Higgs Report On The Role And Effectiveness Of Non-Executive Directors.
March 14, 2003... INTRODUCTION In April 2002 the Government commissioned Derek Higgs to undertake an independent review of the role and effectiveness of nonexecutive directors. It was published on Monday 20 January 2003 at the same time as the Financial...

Regulation BTR - SEC Rules on Insider Trades During Pension Fund Blackout Periods.(Regulation Blackout Trading Restriction )
March 14, 2003... Article by David S. Rosenthal and Martin Nussbaum Originally published in February 2003 On January 22, 2003, the Securities and Exchange Commission (the "SEC") adopted Regulation Blackout Trading Restriction ("Regulation BTR") pursuant...