Mondaq Business Briefing articles from March 2004

Mondaq Business Briefing archives from March 2004

The Consolidated Return Loss Disallowance and Loss Duplication Rules.(Reprint)
March 1, 2004... Originally published June 2003 By Mark J. Silverman and Lisa M. Zarlenga TABLE OF CONTENTS TABLE OF EXAMPLES I. BACKGROUND AND HISTORY OF LOSS DISALLOWANCE AND LOSS DUPLICATION RULES A. Investment Adjustment Rules ...

Later Statements to the USPTO May Narrow Earlier-Issued Claims.(Microsoft Corp. v. Multi-Tech Sys)
March 1, 2004... In an apparent attempt to ensure that similar or identical claim terms based on the same disclosure are similarity or identically construed, the U.S. Court of Appeals for the Federal Circuit has ruled that statements of a patentee in the...

Intrinsic Record Must Contain an Explicit Definition or Disavowal to Avoid Adopting the Plain and Ordinary Meaning of a Disputed Claim Term.(Liquid Dynamics v. Vaughn Co.)
March 1, 2004... Continuing an almost two-year long trend, the U.S. Court of Appeals for the Federal Circuit found that the district court crossed a fine line between "reading a claim in light of the specification, and reading a limitation into the claim from...

Daily Tax Update: Treasury, IRS Issue Depreciation Regulations.(Internal Revenue Service)
March 1, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the Treasury Department and the IRS issued proposed and temporary regulations that provide guidance for computing depreciation deductions under the Modified Accelerated Cost Recovery...

Practical Implications of the UK Money Laundering Regulations 2003 - Which are Now in Force.
March 1, 2004... The Money Laundering Regulations 2003 are now in force in the UK and apply to 'relevant business' in the newly expanded 'regulated sector'. But what are the practical implications of this for firms of lawyers or accountants? Both the...

The Section 355(d) Regulations: Narrowing the Scope of an Overly Broad Statute.
March 1, 2004... Originally published June 2003 By Mark J. Silverman, Andrew J. Weinstein and Lisa M. Zarlenga TABLE OF CONTENTS INTRODUCTION Section 355(d) of the Internal Revenue Code imposes limitations on a distributing corporation's...

Australian Taxation Office Releases Ruling on Reduced Credit Acquisitions.
March 1, 2004... On 25 February 2004, the Australian Taxation Office ("ATO") released GSTR 2004/1 titled " Reduced Credit Acquisitions". This ruling has significant implications for providers of financial supplies in Australia, both when services are acquired...

First Circuit Holds That Although Employee with Attention Deficit Disorder Is Not Disabled, Employee May Assert Retaliation Claim Under the ADA.
March 1, 2004... The United States Court of Appeals for the First Circuit recently held, in Wright v. CompUSA, Inc., that the Americans With Disabilities Act ("ADA") prohibits retaliation against employees for requesting accommodations due to their medical...

The Gibraltar Tax Exempt Company - Our Best Kept Secret?
March 1, 2004... HISTORY The piece of legislation set-up in 1967 that enabled the Gibraltar Tax Exempt Company to come into being is called The Companies (Taxation and Concessions) Ordinance. This legislation was introduced with a view to bolstering...

SEC Delays Implementation Date of Internal Control Report Requirement for Many Public Companies.
March 2, 2004... On February 24, 2004, the Securities and Exchange Commission ("SEC") extended the compliance dates for amendments to its rules adopted pursuant to Section 404 of the Sarbanes-Oxley Act. Once effective, the rules will require a public company to...

Daily Tax Update: IRS and Treasury Expand Regulations Governing Transfers Of Assets Or Stock After Reorganizations.
March 2, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the IRS and Treasury issued proposed regulations amending Treas. Reg. s. 1.368-2(k) to provide that a transaction otherwise qualifying as a reorganization under section 368(a) will not...

"Novel" False Claims Theory Regarding Secondary Payor Rules Continues.
March 2, 2004... The U.S. District Court for the Eastern District of Pennsylvania denied the defendant's motion to dismiss in the case styled U.S. ex rel. Drescher v. Highmark, Inc. The Highmark case involves false claims allegations regarding the Medicare...

Communications Law Bulletin - February 2004.
March 2, 2004... The Month in Brief February was a busy month at the Federal Communications Commission ("FCC" or "Commission"), in the Congress and at the state regulatory commissions. Among many important stories, the fallout from Super Bowl Sunday...

The "Fair And Accurate Credit Transactions Act" Includes Medical Privacy Provisions.
March 2, 2004... The Fair and Accurate Credit Transactions ("FACT") Act, signed into Public Law 108-159 on December 4, 2003, is a consumer credit law that includes medical privacy provisions. FACT amends the Fair Credit Reporting Act (FCRA), adding improved...

Communications Law Bulletin - February 2004 - (Continued).
March 2, 2004... Merger and Acquisition News Cingular Wins Bid for AT&T Wireless; Regulatory Approvals to Follow On February 17, 2004, Cingular Wireless ("Cingular") won its bid to acquire AT&T Wireless ("AT&T") for $41 billion. The $41 billion deal...

EDR Systems for the Fertilizer Trade.(Electronic Dispute Resolution)
March 2, 2004... (Electronic Dispute Resolution processes for the global fertilizer market) Virtual adjudication, arbitration, conciliation and mediation : High speed "Click and Settle" solutions to international disputes arising out of fertilizer sales,...

Unreasonable Withdrawal of Child from School.(Education Act 1996)(R. (G) v. Westminster City Council)
March 2, 2004... The Court of Appeal on 30 January 2004 in R. (G) v. Westminster City Council [2004] (EWCA Civ 45)considered the implications of section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere). The...

The Pensions Bill.
March 2, 2004... The much-awaited Pensions Bill, following on from the Green Paper of December 2002 and the Command Paper of 11 June 2003,was issued on 12 February 2004. Introduction The Bill is a massive document:248 clauses and 12 schedules, running...

Wragge & Co LLP Advises Cambridge Antibody Technology on Sixth Transaction in Twelve Months.
March 2, 2004... Wragge & Co LLP Pharmaceuticals and Biotechnology Team advised Cambridge Antibody Technology (CAT) on restructuring its agreement with Amgen Inc. Under the new deal Amgen takes over responsibility for the future development of antibodies...

Wragge & Co Appointed to Miller Construction Legal Panel.
March 2, 2004... Wragge & Co LLP Construction & Engineering Team has confirmed its formal appointment to the Miller Contracting Services Legal Panel for non-contentious matters. The team will be providing a range of construction advice and will be working...

Wragge & Co Corporate Supports Powergen In-House Legal Team on [pounds sterling]52.5 Million Acquisition of Gas Fired Power Station.
March 2, 2004... Wragge & Co LLP Corporate Group provided support to Powergen's in-house legal team on its [pounds sterling]52.5 million deal to buy out its joint venture partner, Siemens Project Ventures GmbH to take full ownership of the gas fired power...

Wragge & Co Files Patent Application for Transaction Management Tool To Deliver Client Certainty.
March 2, 2004... Wragge & Co LLP partners are believed to be the first law firm in the world to successfully file a US patent application for an innovative quotation and transaction management tool. MIDAS, which was developed by financial controller Glyn...

Glanbia Advised by Pinsents On [pounds sterling]94.3 Million Deal.(Cheese Company Holdings Ltd)
March 2, 2004... Irish dairy processor, Glanbia plc, is being advised by UK law firm, Pinsents, on the [pounds sterling]94.3 million sale of its UK cheese business. Glanbia Foods Limited is being sold to the Cheese Company Holdings Ltd, a new joint venture...

Anguilla to Review Trust Legislation.(Anguilla Financial Services Association)(Financial Services Commission)(Brief Article)
March 2, 2004... Following a meeting of the joint Anguilla Financial Services Association (AFSA) and Financial Services Commission (FSC) legislation committee yesterday, it has been announced that a thorough review of Anguilla's trust legislation will commence...

Using Categorical Standards to Determine Director Independence Under New NYSE and NASDAQ Rules.(New York Stock Exchange Inc. and New York Stock Exchange Inc.)(Securities and Exchange Commission's rules)
March 2, 2004... On November 4, 2003, the Securities and Exchange Commission approved rule changes filed by the New York Stock Exchange and NASDAQ to amend director independence requirements for NYSE and NASDAQ companies (www.sec.gov/rules/sro/34-48745.htm). In...

Using Categorical Standards to Determine Director Independence Under New NYSE and NASDAQ Rules.(New York Stock Exchange Inc. and Nasdaq Stock Market Inc.)(Securities and Exchange Commission's rules)
March 2, 2004... On November 4, 2003, the Securities and Exchange Commission approved rule changes filed by the New York Stock Exchange and NASDAQ to amend director independence requirements for NYSE and NASDAQ companies (www.sec.gov/rules/sro/34-48745.htm). In...

Disclosed Embodiment Does Not Necessarily Limit Scope of Means-Plus-Function Limitation.(Golight, Inc. v. Wal-Mart Stores, Inc.)
March 2, 2004... The U.S. Court of Appeals for the Federal Circuit has held that a means-plus-function claim limitation need not necessarily be construed to include all the attributes of the corresponding structure recited in the specification. Instead, a court...

Claim it or Lose it.(PSC Computer Products v. Foxconn International, Inc.)
March 2, 2004... By Arturo E. Sandoval and Firasat M. Ali The U.S. Court of Appeals for the Federal Circuit recently held that disclosure made in the specification of a patent application that is not expressly claimed is dedicated to the public and cannot...

SEC Extends Internal Control Report Compliance Dates.(Securities and Exchange Commission)
March 2, 2004... On February 24, 2004, the Securities and Exchange Commission announced an extension of the compliance dates previously published by the SEC for requirements that public companies (other than registered investment companies) include in their...

The Sometimes Hidden Implications of Section 382.(Internal Revenue Code)
March 2, 2004... Section 382, which requires limits on the use of net operating loss carryforwards, was added to the Internal Revenue Code in 1954 and significantly revised in 1986. Since then, both Section 382 and the accompanying Treasury regulations have...

Ontario Brownfields Regulations Published-Phase II.
March 2, 2004... The long awaited draft regulations that will give legal force to Ontario's contaminated site remediation process and, with it, liability protections for landowners, were recently published on the EBR Registry. These regulations, when in...

Contaminated Property Tax Assessment Reduced To Zero.
March 2, 2004... In a recently reported decision of the Ontario Assessment Review Board in Mifran Investments Limited, the Board ordered the property tax assessment on a contaminated property reduced to zero. The lands in question are located in an...

NYSE Releases "Frequently Asked Questions" Regarding Corporate Governance Listing Standards.(New York Stock Exchange)
March 2, 2004... NYSE Releases "Frequently Asked Questions" Regarding Corporate Governance Listing Standards On January 29, 2004, the New York Stock Exchange (NYSE) released answers to frequently asked questions (FAQs) related to its corporate governance...

New Rules for Consumer E-Commerce.(Canadian Code of Practice for Consumer Protection in Electronic Commerce)
March 2, 2004... Canada has recently taken steps to standardize the rules protecting consumers who engage in internet transactions. Some of these changes may have a substantial impact on the operations of businesses with publicly available interactive websites....

Loss Disallowance Rules.(Brief Article)
March 3, 2004... Originally published July 2002 TABLE OF CONTENTS To view this article (and any footnotes/diagrams), please enter the following link into a fresh browser: http://www.steptoe.com/publications/Loss_Disallowance_Rules.pdf ...

Section 338.(Reprint)
March 3, 2004... Originally published June 2003 TABLE OF CONTENTS I. INTRODUCTION Part I of this Outline discusses the background of section 338 and how section 338 applies, in a broad sense, to leveraged buy-out transactions. Parts II through V...

OCC Issues Letter Concluding Bank May Use Rating on Long-Term CDs to Meet Financial Subsidiary Debt Rating Requirement.
March 3, 2004... The OCC issued an interpretive letter ("Letter #981") in which it concluded that a national bank (the "Bank") that desires to organize or acquire a financial subsidiary may rely on a rating from a nationally recognized rating agency, Standard &...

The Investment Business Act 2003.(Bermuda legislature)
March 3, 2004... The Investment Business Act 2003 (the "IBA 2003") was recently passed by the Bermuda legislature and became operative on 30th January, 2004. The IBA 2003 repealed the Investment Business Act 1998 (the "IBA 1998") and substituted in its place a...

Intrinsic Record Critical to Successful Rebuttal of Prosecution Based on Foreseeability.(Excel Pharms., Inc.)
March 3, 2004... Against the backdrop of Festo VIII (U.S. Supreme Court, 2002), the U.S. Court of Appeals for the Federal Circuit, in a pair of cases decided by the same panel on the same day, has provided further guidance on the factors critical to a...

Temporary Presence in U.S. Defense Prevails.
March 3, 2004... For the first time in its 22-year history, the U.S. Court of Appeals for the Federal Circuit had an opportunity to address the scope of an obscure infringement defense known to as "temporary presence in the U.S." (35 U.S.C. s. 272.) In doing...

Civil Justice Reform.
March 3, 2004... Executive summary The Chief Justice's Working Party on Civil Justice Reform (the Working Party), established to review Hong Kong's High Court procedures and to recommend changes to improve access to justice at reasonable cost and speed,...

Private Equity Investment in Canada.
March 3, 2004... This article is co-authored by Sean Farrell, Pollyanna Lord, Adam C. MaerovIntroduction Canada has become an attractive source of investment opportunities for foreign private equity investors, particularly US investors. In addition to two...

Proposed Restitution Policies for Consumer Loss: Advertisers, Beware the Hydra!
March 3, 2004... Background to Reform Proposals In June of this year, the federal government released a Discussion Paper entitled "Options for Amending the Competition Act: Fostering a Competitive Marketplace". The Discussion Paper, an amalgam of reform...

Corporate Governance For Nasdaq Companies.
March 3, 2004... Summary Nasdaq's corporate governance standards affect all companies with securities listed on Nasdaq. Below we look at the impact for UK companies. The corporate governance standards of the Nasdaq Stock Market (Nasdaq) affect all...

ACCC Joins International Campaign to Reduce Spam.(Australian Competition and Consumer Commission)
March 3, 2004... By Graeme Samuel and Lin Enright The war against spam* continues, with an international campaign led by the US Federal Trade Commission (FTC) that urges organisations to Close Open Relays and Proxies to prevent them from unwittingly sending...

Lonely Planet Domain Name Returned to Lonely Planet Publications.(Lonely Planet Publications Pty Ltd v Vladimir Federov, WIPO Case No. D2003-0916)
March 3, 2004... By Nicole Wellington, Melissa Lessi and Adela Strzalek On 23 January 2004, Sole Panelist David Williams QC, of the World Intellectual Property Organisation's (WIPO) Arbitration and Mediation Center, delivered his decision in Lonely Planet...

Interim Measures and Enforcement Of Arbitration Awards In Spain.
March 4, 2004... There are two matters that come to mind when reference is made to the effectiveness of arbitration proceedings, namely, the adoption of interim measures in arbitration proceedings and the enforcement of both international and domestic...

Motivation to Combine Prior Art Found in The Problem to be Solved.(Ruiz v. A.B. Chance)
March 4, 2004... The U.S. Court of Appeals for the Federal Circuit affirmed that a claimed "underpinning system" was invalid as obvious under 35 U.S.C. s. 103 in view of two prior art references, finding the motivation to combine the references in the nature of...

Priority And Two-Way Interference-in-Fact Test Not Satisfied Where Claimed Invention Relied on Functional Characteristics.(Noelle v. Lederman)
March 4, 2004... In a case turning on priority of invention, the U.S. Court of Appeals for the Federal Circuit affirmed that the disclosure of a murine antibody or its activity and antigen failed to adequately describe additional species or genus claims....

Ninth Circuit Confirms its Jurisdiction to Review Individual Issues That Have Been "Definitively Resolved" By an Agency.
March 4, 2004... Recently, in California Department of Water Resources v. FERC, 2004 U.S. App. LEXIS 3404 (9th Cir. February 24, 2004), the Ninth Circuit confirmed its jurisdiction to review discrete issues that have been "definitively resolved" by an agency...

Client Alert: Implications For Business In Our New Security Conscious Environment.
March 4, 2004... The creation of Public Safety and Emergency Preparedness Canada (PSEP) in Canada and the Department of Homeland Security (DHS) in the US are the most visible examples of security-related public sector upheaval that is impacting the North...

New EMTALA Final Rule Effective November 10, 2003;.(Emergency Medical Treatment and Labor Act )
March 4, 2004... Recent regulatory and statutory changes have clarified the responsibilities of Medicare-participating hospitals in treating individuals with emergency medical conditions. On November 10, 2003, new Emergency Medical Treatment and Labor Act...

Daily Tax Update: Senate Debates FSC/ETC Act Repeal Bill.
March 4, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the Senate began deliberations on the FSC/ETI Act repeal bill (Jumpstart Our Business Strength Act, S. 1637). It is unclear what amendments may be offered to the bill, although...

An Overview of the CAN-SPAM Act of 2003.
March 4, 2004... This article is co-authored by Elizabeth PasquineIn our previous article, The Spam Battleground, published November 07 2003, we reported on the ever-growing problem of spam (unsolicited, commercial e-mail messages) and the efforts being made on...

OECD Calls on Governments to Step up Their Fight Against Spam.(Organisation for Economic Co-operation and Development)(Brief Article)
March 4, 2004... By Nicole Wellington, Melissa Lessi and Adela Strzalek On 2 February 2004, the Organisation for Economic Co-operation and Development (OECD), stated that as part of a drive to protect the integrity of the internet, governments must fight...

WIPO Continues Efforts to Stop Cybersquatting.(World Intellectual Property Organisation)(Uniform Domain Name Dispute Resolution Policy)(Arbitration and Mediation Center)(Brief Article)
March 4, 2004... By Nicole Wellington, Melissa Lessi and Adela Strzalek On 27 January 2004, the World Intellectual Property Organisation (WIPO) announced that in 2003, it continued to combat abusive registration of trademarks as domain names, or...

Full Age of an Entitled Person for Conclusion of Contract According to The Civil Code of Iran.
March 4, 2004... According to article 7 of the Civil Code of Iran foreign nationals resident in Iranian territory shall with in the limits laid down by treaties, be bound by the laws and decrees of the Government to which they are subject in questions relating...

Countdown to CLERP 9 Crackdown on Environmental Reporting.(The Corporations Act)
March 4, 2004... The Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Bill 2003 (Cth) (CLERP 9) will come into force as of 1 July 2004 (subject to any amendments), increasing the emphasis on environmental performance as a key...

Daily Tax Update: Finance Committee Expected To Approve Nomination Of New IRS Chief Counsel.(appointments at Internal Revenue Service)
March 4, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Later today, the Senate Finance Committee is expected to favorably report the nomination of Donald Korb to serve as Chief Counsel of the Internal Revenue Service. Korb's nomination must also be...

Daily Tax Update: IRS and Treasury Amend Loss Disallowance Rules.(Internal Revenue Service)
March 4, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Today, the IRS and Treasury issued temporary regulations amending certain consolidated return regulations relating to the deductibility of losses recognized on dispositions of subsidiary stock...

Current Developments in Tax-Free And Taxable Acquisitions And Separations.
March 5, 2004... Originally published July 2003 By Mark J. Silverman and Joseph M. Pari TABLE OF CONTENTS To view this article in its full entirety (and any footnotes/diagrams), please enter the following link into a fresh browser: ...

The Treatment of Contingent Liabilities in Taxable Asset Acquisitions.
March 5, 2004... Originally published August 2001 By Mark J. Silverman and Kevin M. Keyes TABLE OF CONTENTS INTRODUCTION This outline discusses the Federal income tax treatment of contingent liabilities in the context of taxable asset...

Daily Tax Update:.
March 5, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Senate Passes Silo Amendment To FSC/ETI Act Repeal Bill -- Thomas Circulates New ETI Repeal Proposal: Senate deliberations on the FSC/ETI repeal bill are expected to continue through the...

New Connecticut Criminal Law Targets Abuse of the Elderly, Blind, Disabled and Mentally Retarded.
March 5, 2004... Public Act No. 03-267 On October 1, 2003, a new Connecticut criminal law took effect targeting abuse of the elderly, blind, disabled and mentally retarded. Public Act No. 03-267 establishes a crime of abuse with penalties that are...

Lenczner Slaght Commercial Litigation NetLetter -04 March 2004.(Crystalline Investments Ltd.)
March 5, 2004... HIGHLIGHTS The repudiation of a commercial lease by an insolvent assignee under s. 65.2 of the Bankruptcy and Insolvency Act does not of itself release the original tenant from liability under the lease. Crystalline Investments Ltd. v....

The Board Can Make a Mistake But Applicant Cannot.
March 5, 2004... In affirming a decision by the U.S. Patent and Trademark Board of Appeals and Interferences (the Board), the U.S. Court of Appeals for the Federal Circuit held that although new arguments from the applicant could not be considered on appeal, a...

Toro Tries to Protect Its Patent Turf But Validity Remains in Question.
March 5, 2004... By David A. Spenard and Paul Devinsky The U.S. Court of Appeals for the Federal Circuit, in an appeal involving multiple summary judgment motions, affirmed in part (finding that defendant's device did not infringe), reversed in part...

FTC Files Administrative Antitrust Complaint Against North Carolina Physician-Hospital Organization For Physician Price Fixing.(Piedmont Health Alliance, Inc. )
March 5, 2004... The Federal Trade Commission (FTC) announced on December 24, 2003 that it had issued an administrative complaint against Piedmont Health Alliance, Inc. (PHA), a physician-hospital organization based in Hickory, North Carolina, and ten...

New FERC Financial Reporting Requirements Begin April 2004.(Federal Energy Regulatory Commission)
March 5, 2004... In a final rule adopted February 11, 2004, the Federal Energy Regulatory Commission ("FERC") now requires quarterly reporting of financial and operating data by electric public utilities, natural gas companies, and pipeline companies. The first...

International Client Alert- February 2004.
March 5, 2004... November Elections Influence Trade Policy In 108th Congress On January 20, 2004, the 108th Congress convened for its second session. The committees with jurisdiction over trade issues - the House Ways and Means Committee and the Senate...

Technology Revival Struggles to Rescue 'Underwater' Share Options.
March 5, 2004... - 4 March 2004 -The technology sector may be showing clear signs of recovery but 'underwater' options in some of the leading companies face an uncertain future with little prospect of them swimming to the surface and into gain, according to a...

No Subject To Tax Clause In The Canadian Double Tax Treaty - Supreme Tax Court.
March 5, 2004... The Supreme Tax Court has held that the Canadian double tax treaty of 1981 - in force up to 2000 - does not make treaty exemption dependent upon actual taxation in the other state. The case before the Court concerned a Canadian national...

Supreme Tax Court Refuses Tax Auditor Access To Control Account Of Bank Customer Payments.
March 5, 2004... The Supreme Tax Court has rejected a tax auditor demand for details of payments to or from bank customers in order to facilitate checks on their tax honesty. The bank secrecy provision of the Tax Management Act precludes random searches by...

Issues Paper on Internet Governance Released.(Brief Article)
March 5, 2004... By Nicole Wellington, Melissa Lessi and Adela Strzalek On 27 January 2004, the International Chamber of Commerce released an 'Issues Paper on Internet Governance' (Paper), aimed at clearing up confusion on the issue. The Paper defines...

Spam Act 2003 Guidelines and Information Sheets Released.(Brief Article)
March 5, 2004... By Niclole Wellington, Melissa Lessi and Adela Strzalek On 10 February 2004, the National Office for the Information Economy released a new guideline and information sheet on the Spam Act 2003 (Spam Act). The new guide entitled 'A Practical...

A New Theory of Relativity: Treasury Publishes Final Regulations on Disclosure of Relative Values of Optional Forms of Benefit.
March 5, 2004... The Treasury Department's final regulations may not change the course of scientific history, but the new rules regarding disclosure of relative values of optional forms of benefit are significant in their own way for defined benefit plans. The...

Welfare Plan Update.
March 5, 2004... This is a brief summary of some recent welfare plan developments. IRS Ruling on Medicare Eligibility Following COBRA-Qualifying Event of Termination of Employment/Reduction in Hours. In Revenue Ruling 2004-22, the IRS considered the...

Interest on Delayed Refund of Modvat Credit on Inputs Used in Export Product-An Analysis of the Honourable CEGAT Decision in Ahmedabad Steel Craft Reported in 2003 (153) ELT 343(T).(case study)
March 5, 2004... Article by S.Suriyanarayanan, Advocate, Surat Introduction From the facts of the case, it is evident that the appellant M/s Ahmedabad Steel Craft claimed refund of modvat credit on inputs used in the exported final products under then...

Daily Tax Update: Multitude Of Non-Germane Amendments Bog Down Senate FSC/ETI Act Repeal Bill.(Extraterritorial Income Exclusion Act)
March 8, 2004... WASHINGTON PHOENIX LOS ANGELES LONDON BRUSSELS Senate debate on the "Jumpstart Our Business Strength Act" (i.e., the bill to repeal FSC and the Extraterritorial Income Exclusion Act) will resume the week of March 22. ...

Federal Courts Lack Subject Matter Jurisdiction Over Declaratory Judgment Action Seeking Concurrent Use.(U.S. Patent and Trademark Office)(J&D Home Improvement, Inc. v. Basement Doctor, Inc.)
March 8, 2004... The U.S. Court of Appeals for the Third Circuit has now held that a federal district courts lack subject matter jurisdiction over an action seeking a declaration that both the plaintiff and the defendant are entitled to concurrent use trademark...

IPO and Private Placement Hold Periods Shortened.(Canadian securities laws)
March 8, 2004... Effective March 30, 2004, Canadian securities laws that determine how soon after an IPO or a private placement shareholders may resell their securities will be relaxed. Pre-IPO Shareholders: Previously, shareholders who bought securities...

U.S. Supreme Court Strikes Down Reverse Discrimintation Claims Under ADEA.(Cline)
March 8, 2004... By Joel E. Cohen, Stephen D. Erf, Scott A. Faust, Peter D. Holbrook, Richard W. Kopenhefer and Stephene G. Parry The U.S. Supreme Court ruled last week that the Age Discrimination in Employment Act of 1967 (ADEA) does not prohibit employers...

Stop Using my Name!
March 8, 2004... By Kristin Stammer and Orana Catlin There is a lot of confusion in many businesses about names. The Advisory Council on Intellectual Property (ACIP) is conducting a review into the interplay between trade marks, business names, company...

How Will CLERP 9 Impact Companies and Corporate Environmental Reporting?
March 8, 2004... By John Taberner and Emily Sunman What corporate environmental reporting requirements currently exist? Traditionally Australian companies were not subject to mandatory reporting requirements in terms of their environmental performance....