Mondaq Business Briefing articles from March 2005

Mondaq Business Briefing archives from March 2005

New Code Of Practice Covering Recruitment Of Overseas Healthcare Staff.
March 1, 2005... Originally published December 2004 A toughened-up code on international recruitment - preventing hospitals from actively recruiting nurses and other healthcare professionals from developing countries - was unveiled on 8th December by...

The Knotty Issue of Privilege in Competition Law in the EU and UK.
March 1, 2005... By Iandra McCallum (London) Privilege in competition law in and within the EU has always been a complex matter, not least because the issue of defining how wide the scope of privilege is and to which document privilege attaches is in...

Supreme Court Docket Report - 2004 Term, No. 7.
March 1, 2005... Originally Published February 22, 2005 On February 22, 2005, the Supreme Court granted certiorari in two cases of interest to the business community, which it consolidated. Amicus briefs in support of petitioners will be due on Friday,...

Canadian Securities Administrators Provide Clarification On Time For Delivering Annual Financial Statements.
March 1, 2005... The Canadian Securities Administrators ("CSA") recently issued a Staff Notice which provides clarification on the time for delivering annual financial statements and MD&A to securityholders under National Instrument 51-102 Continuous Disclosure...

Deloitte Weekly VAT News - Week ended 25 February 2005.
March 1, 2005... Corporate transactions and flotations - Improved VAT Recovery? Companies issuing shares will welcome the Advocate General's opinion in Kretztechnik AG, as he proposes the ECJ should find that the issue of shares in obtaining a stock market...

Avoiding the Seven Deadly Sins of Turnaround Managers.
March 1, 2005... By Miles R. Stover, President, Turnaround, Inc. Turnarounds often fail for the "right reasons." There may be no existing core business, and the company does not deserve to be saved. Although no one enjoys seeing good people thrown out of...

New Requirements for Labelling and Importation of Cosmetics.
March 1, 2005... Effective November 16, 2006, manufacturers of cosmetics that are sold in Canada must list the ingredients of their products on the product labels. This new Canadian requirement, which is similar to those in the United States and the countries...

Communications Tower Siting: The FCC's Historic Preservation and Environmental Compliance Activities.
March 1, 2005... Originally published in Andrews Litigation Reporter: Telecommuniations Industry, Volume 8, Issue 13 / November 17, 2004 The Federal Communications Commission has continued implementing its "environmental and historic preservation action...

Governance in Brief.
March 1, 2005... SEC May Delay s404 For Foreign Companies In brief: The Securities and Exchange Commission are considering giving foreign companies an extra year to comply with rules that require them to test and report on their internal controls. The...

The Knorr-Bremse Decision and Opinions of Counsel in Patent Litigation.(Knorr-Bremse Systeme Fuer Nutzfahrzeuge Gmbh)
March 1, 2005... Until the Federal Circuit issued its en banc decision in Knorr-Bremse Systeme Fuer Nutzfahrzeuge Gmbh v. Dana Corp., 2004 WL 2049342 (Fed. Cir. Nos. 01-1357, 02-1221, -1256), if an opinion of counsel was not produced in patent infringement...

United States v. Dairy Farmers of America - District Court Rejects Claim of Clayton Act Violation.
March 1, 2005... By Jay S. Brown & Michael P. Bodosky (Washington, D.C.) In August 2004, the U.S. District Court for the Eastern District of Kentucky issued its opinion concerning the Department of Justice's ("DOJ") suit against Dairy Farmers of America,...

Federal Circuit Revives Rule that Patent Grant Creates Presumption of Market Power.
March 1, 2005... The Federal Circuit recently revived the long-dormant legal canon that the possession of a patent creates a rebuttable presumption of market power - at least in tying cases brought under Section 1 of the Sherman Act.* Independent Ink, Inc. v....

Reviewing and Revising Corporate Interim Reporting - The half-time results.
March 1, 2005... Executive summary It is a truth that nothing in company reporting is simple these days. The above statement reads like an exam question to be followed by the word "discuss". For those studying what is happening in UK corporate interim...

What Happens Now? Sentencing in Antitrust Cases After Booker.
March 1, 2005... On January 12, 2005, the United States Supreme Court handed down its much-anticipated decision in United States v. Booker1 and held that the mandatory scheme of the Federal Sentencing Guidelines (the "Sentencing Guidelines" or "Guidelines"),...

IRS Offers Settlement for Stock Option Tax Shelter Transactions.(Internal Revenue Service)
March 1, 2005... On February 22, 2005, the IRS announced a settlement initiative regarding certain transactions in which an executive sells stock options to a family limited partnership. The IRS has apparently identified more than $700 million in unreported...

Courts Shift Position On Arbitration Clauses Precluding Punitive Damages.
March 1, 2005... Federal courts appear to be changing their position as to who should decide whether the preclusion of punitive damages in an arbitration clause is for the court or the arbitrator to decide. The changing law on the subject poses serious...

New Rules on Financial Collateral Arrangements.
March 1, 2005... As a result of Hungary's accession to the European Union on May 1 2004, certain amendments were made to Hungarian law on the basis of the EU Financial Collateral Directive (2002/47/EC). In particular, creditor protection amendments relevant to...

The Brazilian Public-Private Partnership Program.
March 1, 2005... I - Introduction The expression Public-Private Partnership has become known worldwide by the acronym PPP. It's a joint venture between the public and private sectors with the sharing of risks and private funds for the delivery of services...

Trial: What the Class Action Fairness Act Means for Your Business.
March 1, 2005... Article by Stanton D. Anderson, Daniel A. Curto, Donald R. Frederico and Michael A. Pope A company's success, and in some cases its survival, can depend on how well it manages legal risk. In general, the more rational and predictable a...

$22.4 Million FLSA Settlement For Contract Janitors.(Fair Labor Standards Act)
March 2, 2005... A recent $22.4 million tentative settlement entered into by three California grocery chains and 2,100 illegal alien contract janitors is another example of the success plaintiffs are having with the record number of Fair Labor Standards Act...

Foreign Loans To South African Residents - Some Tax Considerations.
March 2, 2005... By Prof Peter Surtees (Special Tax Consultant) and Sune Millard (Associate) Introduction South Africa's return to the international community in 1994 has seen an increase in the number of foreign investors investing in South African...

SWEET FEET not genuine.(trade mark registration for "foot and shoe deodorant")
March 2, 2005... By Christopher Benson, senior associate, IP department and Head of Trademark prosecution A UK trade mark registration for the mark SWEET FEET (for "foot and shoe deodorant") has recently been revoked on the basis that the mark was not put...

NVOCCs Enter the Modern World with Contract Freedom.(non-vessel operating common carrier)
March 2, 2005... by Steven W. Block, February 2005 Reprinted with permission from Marine Digest and Transportation News Late last year, the non-vessel operating common carrier (NVOCC) segment of the ocean transportation intermediary industry plucked an...

FDIC, OCC and FRB Issue Revised Proposed Changes to Community Reinvestment Act Rules; OTS Issues Final Rule Granting Large Thrifts Flexibility to Choose Weights Assigned to CRA Lending, Investment and Service Tests.(Federal Deposit Insurance Corporation Inc., Federal Reserve Board, and Office of the Comptroller of the Currency)
March 2, 2005... The FDIC and OCC jointly and the FRB, separately, (collectively, the "Agencies") issued substantially identical Notices of Proposed Rulemaking (the "NPRs"), concerning proposed revisions to the Agencies' regulations implementing the Community...

Foreign Banks Poised To Invest In Turkish Banking Sector.
March 2, 2005... Lack of sufficient regulatory control over banks was one of various factors that led to Turkey's most recent economic crises. Following a phase of sustained deflation in 2001, the need for a stricter monitoring system became evident, and the...

NLRB Restores Prior Law on Union Representation of Agency Temps.(National Labor Relations Board)
March 2, 2005... In another important decision for employers who jointly employ temporary workers provided by a personnel staffing agency, a 3-2 Board majority has held that the employer and agency must both consent before an election can be conducted in a unit...

California's "Tax Amnesty": What Every California Taxpayer Should Know.
March 2, 2005... On August 16, 2004, California enacted a tax amnesty ("Amnesty Program") covering both sales and use taxes and personal and corporate income taxes.1 The stated purpose of the Amnesty Program is to accelerate revenue as well as raise new revenue...

IRS Issues News Flash That Highlights Complexities of Automatic Cashouts for Plan Sponsors.(Internal Revenue Service)
March 2, 2005... Ariticle by Paul M. Hamburger, Natalie M. Nathanson and Todd A. Solomon On February 16, 2005, the Internal Revenue Service (IRS) issued a News Flash regarding plan amendments intended to comply with the new automatic rollover provisions....

National Minimum Standards (Care Homes).
March 3, 2005... Originally published November 2004 Government announce review The government has recently announced that it will be proceeding with a review of care home standards. Ministers have promised that the National Minimum Standards (NMS)...

If you are Thinking of Negotiating With Another Company Think "Due Diligence".
March 3, 2005... Corporate subsistence, in an economy that each day becomes more competitive, dynamic and integrated to the global world in which we live, has exponentially increased corporate mergers and alliances, together with similar transactions, such as...

Asperger Syndrome in Military Service.
March 3, 2005... Roger N. Meyer Copyright [c] 2005 All Rights Reserved Introduction This article addresses specific aspects of Asperger Syndrome as manifested by personnel in military service. To the best of the author's knowledge, this is the...

A General Counsel's Guide to Avoiding the Healthcare Antitrust Minefield.
March 3, 2005... In July 2004, following several months of hearings, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice jointly issued a report-entitled "Improving Health Care: A Dose of Competition" (the...

Congressional Report Proposes Dramatic Changes For Nonprofit Organizations.
March 3, 2005... In a recent congressional report, the Joint Committee on Taxation (the "Committee") found that tax abuses are costing the federal treasury more than $370 billion in lost revenue annually.1 The 430-page report, entitled "Options to Improve Tax...

Ontario's New 'HIP' Act.
March 3, 2005... Article by Veera Rastogi, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Privacy - February 2005 As of November 1, 2004, the Canadian privacy landscape may have become even more complex...

UPDA Updated 401(K) Plan Regulations Finalized.
March 3, 2005... Updated final regulations were recently issued covering 401(k) plans. Pre-tax contributions made by 401(k) plan participants are tested for discrimination each year under the actual deferral percentage (ADP) test under Section 401(k) of the...

Disability Discrimination: The New Provisions.
March 3, 2005... Several amendments to the Disability Discrimination Act 1995 (the "DDA") came into force on 1 October 2004. The following is a brief summary of the new provisions. CHANGES TO THE DEFINITION OF DISCRIMINATION The DDA now draws a...

Federal Court Of Appeal Weighs In On Privacy And Consent.
March 3, 2005... Article by Elizabeth McNaughton, Ian Hay and Veera Rastogi, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Privacy - February 2005 The first detailed substantive decision of an appeal...

Bonus: The Exercise Of Employer's Discretion.
March 3, 2005... The decision of the Court of Appeal in Horkulak v Cantor Fitzgerald highlights clearly the importance of carefully drafting bonus clauses and that an employer's discretion may not be as wide as they would hope. HIGH COURT DECISION Mr...

Employment Law: Without Prejudice?
March 3, 2005... When faced with an underperforming employee, the offer of a pay-off in an "off the record" chat may sometimes appear to be the best option to avoid the stresses, strains and management time involved in the performance improvement procedure. A...

Fixed-Term Contracts: A Round-Up Of Recent Cases.
March 3, 2005... There have been two notable decisions involving fixed-term employees in recent months, both of which provide much needed guidance on the interpretation of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (the...

Canada Enhances Tax Incentives For Green Energy Projects.
March 3, 2005... Article by Bill Maclagan, [c]2005 Blake, Cassels & Graydon LLP This article was originally published in Blakes Bulletin on Taxation - March 2005 For a number of years, Canada has offered tax incentives to encourage the development of...

Patent Litigation: Choosing Between the United States and Canada.
March 3, 2005... Published in The Metropolitan Corporate Counsel, February 2005. Multinational companies must plan for, obtain and enforce large portfolios of intellectual property in every commercially significant jurisdiction. Owners of intellectual...

Tax Benefit Granted To Wrongful Discrimination Plaintiffs.
March 3, 2005... Originally published 11 November 2004 In the recently-enacted American Jobs Creation Act of 2004 (P.L.108-357), a new subsection was added to the Internal Revenue Code for the purpose of ensuring that plaintiffs who win awards or...

California Supreme Court Invalidates Use Of Workers' Compensation Settlement To Release Non-Workers'compensation Claims.
March 3, 2005... Originally published 3 September 2004 In Claxton v. Waters, the California Supreme Court recently placed severe limitations on the scope of standard workers' compensation settlement agreements. Specifically, the Court ruled that the...

Military Leave Amendments And New Posting Requirement Now In Effect.
March 3, 2005... The Uniformed Services Employment and Reemployment Rights Act ("USERRA") of 1994 is a federal law that protects the job rights of and ensures reemployment of individuals who voluntarily or involuntarily leave employment positions to undertake...

California Court Holds That Employer May Charge Back Advanced Commissions When Agreed Upon Conditions Are Not Fulfilled.
March 3, 2005... In Steinhebel v. Los Angeles Times Communications, a California Court of Appeal recently held that an employer may legally charge back advanced commissions in the event agreed upon conditions are not satisfied. In this case, the...

Lender Offers In Korea - New Shares Issued By Purchaser As Consideration.
March 3, 2005... By Moon Sung Lee, Partner, Lee & Ko 1. Introduction In principle, the consideration for a tender offer under the Securities and Exchange Act ("SEA") is cash. However, it is not clear whether a tender offer in exchange for other...

Constitutional Relief vs. Recent Health Law Decree.
March 3, 2005... Article by Jose Luis Duarte Cabeza and Jose Antonio Perez Estrada Just before February 25, 2005, Article 376 of the General Health Law provided that sanitary registrations before the Ministry of Health to which medicaments, stupefacient,...

Supreme Court Grants Petition for Writ of Certiorari in Merck KGaA v. Integra Lifesciences I Ltd.
March 4, 2005... On January 7, 2005, the United States Supreme Court agreed to accept review of the decision in Merck KGaA v. Integra Lifesciences I Ltd., 331 F.3d 860 (Fed. Cir. 2003). The Supreme Court is expected to determine whether the drug-research safe...

New York Adopts New Audit Policy On Employer Withholding For Nonresidents.
March 4, 2005... On September 17, 2004, the Audit Division of the New York State Department of Taxation and Finance ("Division") issued revised withholding tax field audit guidelines ("Revised Guidelines"). The Revised Guidelines set forth, among other...

Supreme Court Decision Imperils Voluntary Environmental Cleanups.
March 4, 2005... Originally published February 28, 2005 Property owners and prospective purchasers of contaminated properties should carefully assess their strategies for managing environmental risk in light of a recent United States Supreme Court decision...

The Truck Stops Here: New Jersey Special Projects Investigators Stop Trucks on New Jersey Highways.
March 4, 2005... Companies that deliver goods into New Jersey on their own trucks beware. New Jersey's Division of Taxation ("Division") Special Projects Investigators are waiting for you at New Jersey highway truck stops. Trucks, and the companies that deliver...

FCC Clarifies Telemarketing Rules.
March 4, 2005... On February 18, 2005, the Federal Communications Commission released its Second Order on Reconsideration (Order) in its rulemaking proceeding implementing the Telephone Consumer Protection Act of 1991 (the TCPA). The Order denies nearly all of...

FTC Amends HSR Rules on Treatment of Unincorporated Entities.(Hart-Scott-Rodino Antitrust Improvements Act of 1976)(Federal Trade Commission)
March 4, 2005... Contents Old Rules vs. New Rules Acquisitions of Interests in Existing Unincorporated Entities Formation of Unincorporated Entities Exemptions Applicable to Unincorporated Entities The Federal Trade Commission has approved...

Federal Circuit Presumes Patent Power Equals Market Power.(Patent infringement case between Independent Ink Inc. and Illinois Tool Works)
March 7, 2005... Over the past two decades, there has been a general consensus that courts and antitrust agencies should not presume that a patent conveys market power under the Sherman Act. For instance, the U.S. Department of Justice stated in its Antitrust...

Lessons from Recent Trade Mark Decisions.
March 7, 2005... By Mike Clarke, Graduate Paralegal and Noric Dilanchian, Managing Partner To brainstorm, select, design or register a trade mark there's a lot to be said for working at the outset with a multi-disciplinary team capable of thinking in...

Objective Criteria Fail to Overcome Prima Facia Obviousness.
March 7, 2005... In a ruling that effectively shortens the period of patent protection for Merck & Co., Inc.'s (Merck) second-biggest seller in a decade, the U.S. Court of Appeals for the Federal Circuit reversed and vacated a lower court ruling and held that...

Title VII Update: Court Validates Comprehensive Anti-Harassment Policy and & "Swift and Effective" Response.
March 7, 2005... Under Title VII of the Civil Rights Act of 1964, an employer may be liable for sexual harassment by a supervisor with authority over the victimized employee. When no tangible employment action against the employee is involved, the employer may...

Supreme Court Hears Trademark Fair Use Case.(between KP Permanent Make-Up Inc. and Lasting Impression I Inc.)
March 7, 2005... On October 5, 2004, the U.S. Supreme Court (Supreme Court) heard oral argument in a case involving the relevance of confusion for the fair use defense to trademark infringement (KP Permanent Make-Up, Inc. v. Lasting Impression I Inc., U.S. No....

Borden Ladner Gervais LLP Expands Government Relations Practice.(Gar Knutson)(Stephen Andrews )
March 7, 2005... The Honourable Gar Knutson, P.C., and Dr. Stephen Andrews join BLG's Government Relations Group Toronto, Ontario February 10, 2005 - Sean Weir, National Managing Partner of Borden Ladner Gervais LLP, one of Canada's leading full-service...

Freehills Announces the Appointment of Gavin Bell as new CEO.
March 7, 2005... Freehills' Chairman, Geoff McClellan, announced today the appointment of Gavin Bell to the position of Chief Executive Officer, effective from the end of the firm's financial year in June 2005. In making the announcement, Mr McClellan said,...

No Prospectus No Deal?(Corporation law)
March 7, 2005... Article by David Pinnock and Quintin Honey The South African corporate world recently stood in trepidation of a momentous decision by the Supreme Court of Appeal ("SCA") which could have resulted in most, if not all, share for share offers...

Warn Act: New Illinois Law Tougher on Employers than Feds.(Illinois. Worker Adjustment and Retraining Notification Act)
March 7, 2005... The New Year brings expanded obligations to Illinois employers contemplating large-scale layoffs and plant closings. Effective January 1, 2005, the Illinois WARN Act ("IL-WARN") applies to some employers not covered by the federal WARN Act...

Communications Law Bulletin - February 2005.(interexchange carriers )
March 7, 2005... The Month In Brief February saw the beginning of developments in the industry that may prove historic as they unfold through the year. Notably, the announcements that AT&T Corp. ("AT&T") and MCI Inc. ("MCI") will be acquired by Bell...

Drawing the Line: National Security Hurdles to Foreign Investment in the United States.
March 7, 2005... The United States has long served as a favorite destination for foreign investors. While U.S. national security concerns have been raised from time to time, such considerations seldom have served as a major impediment to foreign investment. In...

No time for change - Contactless Smartcards have Arrived.
March 7, 2005... A payment revolution The first viable alternative to small change A tiny chip is set to replace a fistful of coins and notes for many everyday low-value payment transactions. Demand for the latest generation of contactless payment...

Implementation of Directive on Copyright in the Information Society.
March 8, 2005... The Hungarian Copyright Act (76/1999) was amended as of May 1, 2004 in order to bring it in line with EU directives. The provisions of the Directive on Copyright in the Information Society (2001/29/EC) were also incorporated into the act in the...

Judicial Guidance on Yielding Up Premises.
March 8, 2005... Originally published February 2005 A recent decision of the Chancery Division of the High Court1 has provided guidance on the yielding up of premises by a tenant at the end of a lease. Prior to that decision there was little clarification...

Trade Secret Identification: The Importance of Timing in Discovery.
March 8, 2005... In many cases, a trade secret plaintiff may avoid identifying its alleged trade secrets with particularity until late in discovery. This often results in the plaintiff identifying as its trade secrets items that it finds in documents and...

ABCs of CBP: A Glossary of U.S. Customs Acronyms.(Customs and Border Protection)
March 8, 2005... Talking with Customs professionals can sometimes sound like a foreign language. Like many other agencies, U.S. Customs and Border Protection ("CBP") has developed a host of acronyms, and more are being added on a regular basis. The goal of this...

Liberalisation of Restrictions Regarding the Place of Residence of Members of Management Boards.(Brief Article)
March 8, 2005... Estonia's accession to the European Union on 1 May 2004 continue to produce changes in law. Provisions in the Treaty on European Union stipulate the principle of equal treatment for all residents of the European Union, including freedom of...

Football Money League - The Climbers and the Sliders (Part 1 of 2).
March 8, 2005... Article by Robert Elstone, Austin Houlihan, Rich Parkes and Mark Roberts Introduction By Dan Jones, Partner, Sports Business Group at Deloitte. Welcome to this, the eighth year of the Deloitte Football Money League, which profiles...

Football Money League - The Climbers and the Sliders (Part 2 of 2).
March 8, 2005... Article by Robert Elstone, Austin Houlihan, Rich Parkes and Mark Roberts Grounds for improvement The Deloitte Football Money League is once again filled by clubs from Western Europe, but only six countries provide all 20 clubs on the...

Securitization and Bankruptcy: Bond Insurer's Motion to Compel Bankrupt Servicer to Transfer Servicing Rights - Conclusion.
March 8, 2005... In Part 1 (February 2, 2005) and Part 2 (February 10, 2005) of this series, we described a litigation in Bankruptcy Court between Radian Asset Assurance Inc. ("Radian"), which insures a class of bonds secured by a pool of securitized mortgage...

The Problem Employee: Discipline or Accommodation?
March 8, 2005... Two recent cases illustrate how dealing with an employee who interacts negatively with coworkers can lead to litigation. In one case, a belligerent supervisor claimed that a campaign of racial harassment had created a hostile work environment...

China Law Bulletin - February 2005.
March 8, 2005... "On the Road" from China to NASDAQ: Perspectives from the Front Lines The past twelve months have seen a tremendous increase in the number of China-based private companies and PRC state-owned companies accessing the U.S. capital markets,...

Recovery of Lost Profits for Patent Infringement Requires Proof of Lost Sales and Exclusive Rights.
March 8, 2005... On September 14, 2004, the U.S. Court of Appeals for the Federal Circuit issued a unanimous opinion in Poly-America, L.P. v. GSE Lining Technology, Inc., Case No. 04-1022 [http://fedcir.gov/opinions/04- 1022.doc]. The Federal Circuit found that...

CMS Issues Final Rule to Implement the New Medicare Part D Outpatient Prescription Drug Program.(Centers for Medicare & Medicaid Services)
March 8, 2005... Article by Christine E. Bloomquist, Elizabeth B. Carder-Thompson, Kristi D. Gillis, Robert J. Hill, Carol Colborn Loepere, Debra A. McCurdy, Joseph W. Metro, Nancy A. Sheliga, Chiarra-May E. Stratton and Heather M. Zimmerman I....

Bank's Duty of Confidentiality.
March 8, 2005... Article by Michael Kutschera, Thomas Schirmer and Alexander Kramer Introduction Austrian law expressly recognises and protects a bank's duty of confidentiality (sometimes referred to as 'bank secrecy') with respect to information...

Bank's Duty of Confidentiality.
March 8, 2005... Article by Michael Kutschera, Thomas Schirmer and Alexander Kramer Assessment of the banks' taxes There is no bank secrecy to the extent that a disclosure of bank secrets is necessary for the assessment of taxes to be paid by the banks...

Recent Developments on Disclosure of Executive Compensation and Perquisites.
March 8, 2005... Executive Summary For the 2005 proxy season, the Securities and Exchange Commission ("SEC") has increased its focus on what it views as an historical departure from generally required standards of disclosure of executive compensation among...

District Court Requires The Antitrust Division Of The Department Of Justice To Honor An Amnesty Agreement In A Criminal Antitrust Investigation.
March 8, 2005... A federal district court in the Eastern District of Pennsylvania recently held that the Antitrust Division of the Department of Justice ("DOJ") may not unilaterally withdraw from an agreement granting amnesty for criminal antitrust violations...

Federal Circuit Holds Patent Over Tying Product Creates Rebuttable Presumption Of Market Power In Antitrust Tying Action.
March 8, 2005... On January 25, 2005, the Federal Circuit held, in Independent Ink, Inc. v. Illinois Tool Works, Inc., No. 04- 1196, 2005 WL 147399 (Fed. Cir. Jan. 25, 2005), that, in the context of a "tying" claim under the antitrust laws, a patentee's...

Particulate Air Emissions And The Common Law: Are These Issues A Part Of The Next Wave Of Environmental Litigation?
March 8, 2005... Article by Gary H. Boise, Alexander M. Bullock, Stewart D. Fried and Anson M. Keller Environmental Litigation Group Files A Response To A Petition For A Writ Of Certorari In The United States Supreme Court Regarding PM2.5 Emissions ...