Mondaq Business Briefing articles from March 2009

Mondaq Business Briefing archives from March 2009

Wisconsin Supreme Court Decision Significantly Affects The Insurance Coverage Landscape For Multi-Year Claims.(Plastics Engineering Company)(Case overview)
March 2, 2009... Insurers and insureds face a challenging set of legal issues when liability claims span multiple policy periods. Those legal issues often include disputes about the number of policy and occurrence limits that are available to satisfy the...

The Treasury's Capital Purchase Program Now Available To Certain Subchapter S Corporations - Application Deadline Is February 13, 2009.
March 2, 2009... On October 14, 2008, the U.S. Department of the Treasury (Treasury) announced the availability of its voluntary Troubled Assets Relief Program (TARP) Capital Purchase Program (CPP) for qualifying U.S.-controlled banks, savings associations, and...

NAIC Executive Committee Rejects Capital And Surplus Changes For Life Insurers.(National Association of Insurance Commissioners)
March 2, 2009... After a well attended public hearing and a contentious vote, the Capital and Surplus Relief Working Group (Working Group) put forward six changes to the National Association of Insurance Commissioners (NAIC) rules pertaining to capital and...

Tax Incentives For Businesses In The American Recovery And Reinvestment Act Of 2009.
March 2, 2009... On Tuesday, February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 ("ARRA") into law. Included in the $787 billion package are a number of tax incentives intended to provide relief for businesses in a...

Managing Pension Risks In Corporate Transactions - Part 1.
March 2, 2009... Article by Mitch Frazer, Torys LLP, and Jana Steele, Goodmans LLP Contents 1.Introduction to Pension Plans Types of Pension Plans Defined Benefit Plan Defined Contribution Plan Multi-Employer Pension Plan Funding of...

House Building And Sewerage - A Bit Of A Mess?
March 2, 2009... To many members of the public, house builders must, to some extent, seem a bit like farmers – there is never a good year! That is certainly true in respect of the last few months. Even before the current difficult circumstances, and while...

No Duty On Social Landlords To Protect Tenants Against The Actions Of Others.(Case overview)
March 2, 2009... On 18 February 2009, the House of Lords handed down their judgment in the case of Mitchell and another v Glasgow City Council [2009] UKHL 11. The claim The case was brought by Anne Mitchell, the widow of James Mitchell, who was killed by a...

FTC Releases Revised Principles For Self-Regulation Of Online Behavioral Advertising.
March 2, 2009... Article by Stephen G. Charkoudian , Brenda R. Sharton , Jeffrey I. Klein and Jacqueline Klosek On February 12, the Federal Trade Commission ("FTC") released a revised set of four principles for the self-regulation of online behavioral...

Rescinding A Contract For The Sale Of Land.(Sydney Advance Realty)
March 2, 2009... The equitable right for parties to a contract for the sale of land to rescind has been considered in the matter of Zhang –v– VP302 SPV & Ors [2009] NSWSC 73. Background These proceedings arise from a contract for the sale of...

Communications Law Bulletin, February 2009.(briefs)
March 2, 2009... Contents The Month in Brief NY Franchising Bill Introduced Orbital Collision Raises Space Debris Concerns Wireless Developments FCC Reverses Position and Rejects Proposed Cell Phone Jamming Tests CTIA Adopts Voluntary...

An Overview Of Canadian Tax Credits For Non-Indigenous Film And Television Production.
March 2, 2009... INTRODUCTION Canada, often referred to as "Hollywood North", continues as a leading innovator in the development and implementation of public sector incentives for film and television production. These incentives have stimulated a billion...

New COBRA Changes Require Immediate Attention.(Consolidated Omnibus Budget Reconciliation Act )
March 2, 2009... As part of the recently enacted American Recovery and Reinvestment Act of 2009 (ARRA), employees who are involuntarily terminated from employment between Sept. 1, 2008 and Dec. 31, 2009 will be entitled to a premium subsidy for up to nine...

First M&A Loan Activity Under New CBRC Guidelines: What Does The Future Hold?(briefs)(mergers and acquisitions)(China Bank Regulatory Commission )
March 2, 2009... Contents 1. M&A Loan Activity Since the New Guidelines Were Issued 2. The Substance of the New Guidelines What are the new Guidelines? Who can lend? Who can borrow? How will the loans be structured? 3. Outlook...

Bankruptcy In Ireland: A Process Best Avoided?
March 2, 2009... There has been some recent publicity about a well known celebrity chef in Northern Ireland attempting to reach a deal with his creditors to avert a petition to have him declared bankrupt. Apparently, the celebrity is working with his advisers...

Leased Business Premises - The Right To Renew A Tenancy.
March 2, 2009... Introduction The Landlord and Tenant (Amendment) Act, 1980 (the "1980 Act"), as amended by the Landlord and Tenant (Amendment) Act, 1994 (the "1994 Act") governs the relationship between landlords and tenants of business premises and in...

Companies' Disclosure Requirements.
March 2, 2009... The rationale behind the disclosure requirements placed on companies is to provide their creditors, their customers and general members of the public with a means of identifying the relevant party to whom to look to for redress should they feel...

On The Road To IFRS In 2011: Disclosure And Other Legal Issues For Canadian Companies To Consider.(international financial reporting standards)
March 2, 2009... Introduction As the Canadian implementation date for the changeover from Canadian generally accepted accounting principles (Canadian GAAP) to international financial reporting standards (IFRS) approaches, the broad potential impact is...

Australia And New Zealand Sign FTA With ASEAN Nations.(Free Trade Agreement)
March 2, 2009... In August 2008, there were announcements that Australia and New Zealand had struck a deal to establish a Free Trade Agreement with the ASEAN nations ("AANZFTA"). We issued an E-alert which can be found on our website. In the ensuing...

Changes To Foreign Investment Policy On Residential Real Estate - Developers Beware!
March 2, 2009... On 18 December 2008, Chris Bowen MP, the Assistant Treasurer, announced changes to the Government's foreign investment screening arrangements for acquisitions of residential real estate by foreign persons. The purpose of the changes is...

Commonwealth To Take Control Of Consumer Protection.
March 2, 2009... The Commonwealth is likely to take control of consumer protection following proposals to amend the Trade Practices Act and hand over responsibility for many areas covered by the state's Fair Trading Acts. Importantly, the proposals include the...

Tax-Related Renewable Energy Provisions In The Stimulus Act.(American Recovery and Reinvestment Act of 2009)
March 2, 2009... On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the "Act"). The new law is the centerpiece of President Obama's efforts to create jobs and revive the economy and includes over $787...

New Codey Legislation To Provide Certainty After A Year Of Limbo.(ambulatory surgical center)
March 2, 2009... On February 5, 2009, the New Jersey legislature adopted Assembly Bill No. A1933 (the "Bill"), which amends the New Jersey Health Care Practitioner Self-Referral Law (commonly referred to as the "Codey Law"). The Senate adopted an identical bill...

Update: Ninth Circuit Withdraws Decision On Application Of California Labor Code To Out-Of-State Workers; Certifies Issue To California Supreme Court.(Case overview)
March 2, 2009... We reported in our Winter 2009 Commercial Disputes Observer on the panel decision of the Ninth Circuit Court of Appeals in Sullivan, et al. v. Oracle Corporation, 547 F.3d 1177 (9th Cir. November 6, 2008). In that decision, a panel of the Ninth...

Recent Developments Regarding Financial Services: Seventh Circuit Holds Remedy Of Mortgage Rescission Available Under The Truth In Lending Act May Not Be Awarded On A Class Basis.(Case overview)
March 2, 2009... In Andrews v. Chevy Chase Bank, No. 07-1326 (7th Cir. Sept. 24, 2008), the Seventh Circuit court vacated the district court's certification of such a class, holding "as a matter of law that a class action for the rescission remedy under TILA...

Recent Developments Regarding Antitrust Law: Massachusetts District Court States Scheme To Inflate Wholesale Price Of Prescription Drugs Does Not Constitute Per Se Antitrust Violation.(New England Carpenters Heath Benefits Fund)(Case overview)
March 2, 2009... In New England Carpenters Heath Benefits Fund v. McKesson Corporation, 573 F.Supp.2d 431 (D.C.MA 2008), the District Court of Massachusetts granted McKesson's Motion to Dismiss Plaintiffs' proposed national class action based on the allegations...

Contract Of Mutual Obligations - Failure To Fulfil Obligations On Specific Date Independent Of Performance By Other Party Of Its Obligations Will Be Enforceable As A Debt.
March 2, 2009... Article by Michael Mitchell and Manoj Peiris Originally Published 29th January 2009 Hunt & Anor v Kallinicos & Ors [2009] NSWCA 5 In Brief The NSW Court of Appeal has held that a term requiring payment of a specified sum on a particular...

A Shadow Over More Aggressive Antitrust Enforcement? Supreme Court Holds Firm On Higher Hurdles For Monopolization Claims.(linkLine Communications)(Case overview)
March 2, 2009... The Supreme Court addressed the U.S. antitrust laws - and Section 2 of the Sherman Act in particular – twice this week. On Wednesday, the Supreme Court issued a decision in Pacific Bell Telephone Co. dba AT&T v. linkLine Communications...

Stimulus Package Increases Qualified Transportation Fringe Benefit.(American Recovery and Reinvestment Act of 2009)(Brief article)
March 2, 2009... On February 17, 2009, the President signed the American Recovery and Reinvestment Act (the "Recovery Act"), popularly known as the stimulus package. Among other provisions, the Recovery Act included provisions which temporarily increase certain...

Little Fish, Big Ponzi: Recouping Madoff Losses Through Insurance Proceeds.(Bernard Madoff)
March 2, 2009... The press has been inundated with reports about an enormous ponzi scheme involving billions of dollars lost by investors who relied on Bernard Madoff ("Madoff"). Much already has been written about the Madoff claims, the liabilities, and the...

Debt Restructuring: The Way Ahead In Turkey.(Law overview)
March 2, 2009... Background The Turkish economy entered into a financial crisis in November 2000 and in February 2001 the crisis peaked and triggered a collapse in the value of the Turkish Lira. Over a few days, the Turkish Lira lost more than 40 per cent...

Insurance Law In Turkey.(Law overview)
March 2, 2009... 1. Background And Current Legislation In parallel with the rapid growth in the Turkish insurance sector, there have been major changes to the Turkish insurance legislation in the last few years. The Insurance Supervision Law which regulated...

Proactive Madoff Victims May Recoup Losses Through Insurance.(Bernie Madoff)
March 2, 2009... Tangled web of statutory limitations, competing coverage policies means plaintiffs must act quickly Washington, D.C. – Still reeling from the aftermath of Bernie Madoff's $50 billion Ponzi scheme, victims are determining next steps...

Recent Developments Regarding Labor and Employment Law: Court Determines Nonresidents Are Entitled To Daily Overtime Pay For Work Performed For California Company.
March 2, 2009... In Sullivan v. Oracle Corporation, 547 F.3d 1177 (9th Cir. 2008), the U.S. Court of Appeals for the Ninth Circuit determined that an employer who employs out-of-state residents to perform work in California is required to pay overtime pursuant...

Group Health Plan Continuation Coverage: Fast Action Required To Comply With New COBRA Premium Assistance Requirements.(Consolidated Omnibus Budget Reconciliation Act of 1985)(Law overview)
March 3, 2009... The American Recovery and Reinvestment Act of 2009 (referred to in this Commentary as the "Stimulus Act") was signed into law by President Obama on February 17, 2009 (the "Enactment Date"). The Stimulus Act provides new COBRA premium assistance...

Capital Markets Update - February 2009.
March 3, 2009... Contents Rights issue process to be streamlined following a report by the Rights Issue Review Group New Shareholder Rights Directive: Clarification from BERR re notice for General Meetings Proposed new AIM Rules for Investing...

The American Recovery And Reinvestment Act Of 2009: Health Information Privacy And Security Provisions - Here We Go Again.(Law overview)
March 3, 2009... On February 17, 2009, President Obama signed into law The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act" or the "Act"), which will address the nation's economic uncertainties through various tax breaks and infrastructure...

Stimulus Act Expands Executive Compensation Restrictions For TARP Recipients.(American Recovery and Reinvestment Act of 2009)(Troubled Asset Relief Program)
March 3, 2009... The American Recovery and Reinvestment Act of 2009 ("ARRA") that was signed into law on February 17, 2009, amended the Emergency Economic Stabilization Act of 2008 ("EESA"), which imposed certain executive compensation limits on companies...

Quick Action Required For COBRA Administration And Compliance.(Consolidated Omnibus Budget Reconciliation Act)
March 3, 2009... Executive Summary Beginning March 1, 2009, individuals eligible for COBRA coverage as a result of involuntary termination on or after September 1, 2008, and before January 1, 2010, need to pay only 35% of their regular COBRA premiums. For...

Prenupts Not Always Advisable.(Prenuptial agreements )
March 3, 2009... Prenuptial agreements have become very popular with people of modest wealth as a means for preserving that wealth when entering into a marriage. There are plenty of good reasons why those entering into second marriages find these most useful...

Frustrating Action And Asset Lock-Ups In Australia In Challenging Economic Conditions: The Takeover Panel's Perilya Decision.
March 3, 2009... CBH Bid CBH Resources Limited ("CBH") announced an off-market scrip takeover bid for Perilya Limited ("Perilya" or the "Company") on 2 October 2008 (the "Bid"). The Bid was subject to a number of conditions, which included that Perilya...

Smart Grid Stimulus: Business Opportunities Will Depend On Agency Rules, Energy Policy.
March 3, 2009... Strong support from the Obama Administration, and billions in financial incentives from Congress, point to rapid growth opportunities for businesses in the smart grid space. Passage of the American Recovery and Reinvestment Act [.pdf] ("ARRA")...

Obtaining U.S. Discovery In Aid Of Canadian Litigation.
March 3, 2009... Originally published in the February 2009 edition of Commercial Litigation Review. In virtually every commercial case, we look for "hot documents" – those documents that tell the story with such impact that no witness could deny...

Enterprise Bargaining.(Fair Work Bill 2008 )
March 3, 2009... The Fair Work Bill 2008 makes significant changes to agreement making. The changes largely reflect the federal government's forward with fairness policy that was taken to the last election, however in some areas, the Bill goes much further than...

New Rules In The United States For Interactions With Credit Rating Agencies.
March 3, 2009... On April 10, 2009, new rules relating to the interaction between companies and credit rating agencies will go into effect. These rules prohibit certain types of interaction that the SEC believes could undermine the objectivity and quality...

The Penalty Decision In Garrett V Freeman.
March 3, 2009... Jacinta Studdert, Rebecca Pleming and Susan Rose Liability of individuals, councils and corporations for environmental offences The recent cases of Garrett v Freeman (No 5); Garrett v Port Macquarie Hastings Council; Carter v Port Macquarie...

First Circuit Affirms Large Jury Award To Employee Denied Accommodation For His Disability.(Kevin Tobin v. Liberty Mutual Insurance Co.)
March 3, 2009... A recent decision of the Court of Appeals for the First Circuit highlights that employers must carefully consider a disabled employee's request for an accommodation under the Americans with Disabilities Act and Chapter 151B, the Massachusetts...

"Bounty Hunters" Lose Their State "Badge" As California Court Of Appeal Clarifies Several PAGA Issues.(Private Attorneys General Act)(Verizon Wireless Inc. v. Saul Deleon )
March 3, 2009... The California Court of Appeal recently decided to publish its decision in Deleon v. Verizon Wireless,1 which provides some much-needed guidance in interpreting the California Private Attorneys General Act of 2004 (PAGA), California Labor Code...

New York Department Of Labor Issues Emergency/ Proposed State WARN Act Regulations.(Worker Adjustment and Retraining Notification)
March 3, 2009... On February 18, 2009, the New York Department of Labor (the "N.Y.D.O.L.") published emergency/ proposed regulations1 interpreting New York's Worker Adjustment and Retraining Notification Act ("N.Y. WARN" or "N.Y. Act"),2 which went into effect...

Who's Got Your Number? N.Y. Employers Must Now Secure SSNs And Take Steps To Prevent Identity Theft.(social security number)
March 3, 2009... Reports of identity theft — one of the nation's fastest growing financial crimes — continue to make headline news. Articles like "Worker Charged in Hospital File Thefts"1 and "Employment Records Prove Ripe Source for Identity...

Alitalia / CAI - A Very Special Deal.(Compagnia Aerea Italiana SpA)(Linee Aeree Italiane S.p.A.)
March 3, 2009... Introduction The future of Alitalia, Italy's biggest airline, has been the focus of attention in recent months. The rescue of the troubled company may have a wider impact on Italian insolvencies and restructurings In 2006, after a...

New House Bill Would Require Registration Of Almost All Investment Advisers.(Hedge Fund Transparency Act of 2009)
March 3, 2009... Many advisers to hedge funds, private equity funds, venture capital funds and fund of funds use the "private adviser exemption" to avoid having to register with the SEC as investment advisers, if they have fewer than 15 clients in any 12 month...

Harjo's Legacy: "In Re Heeb Media".
March 3, 2009... The U.S. Patent and Trademark Office's recent denial of registration of the trademark "Heeb" has left some trademark practitioners scratching their heads. Applicant, publisher of the popular magazine by the same name and himself Jewish, applied...

Education Incentives Under The American Recovery And Reinvestment Act Of 2009.
March 3, 2009... On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009, which creates a $787 billion stimulus package comprised of tax cuts and expenditure programs (the "Act"). Although the Act implements spending...

Conflicts Of Interest - Trustees And Directors.
March 3, 2009... In a determination issued last week, the Pensions Ombudsman found that a trustee can be treated as having acted fairly, notwithstanding that she was subject to an obvious conflict of interests. In making that finding, the deciding factor was...

Courts won't exercise discretion to order further medical assessment unless satisfied it is likely to result in a different outcome: Bouveng v Bolton.
March 3, 2009... Bouveng v Bolton [2009] NSWDC 19 26 February 2009 Sidis DCJ In Brief The Court will not exercise the discretion conferred by s 61(1)(b) of the Motor Accidents Compensation Act 1999 to order a further assessment of a medical dispute unless...

Acquisition Of A Real Property In Turkey By A Turkish Company With A Foreign Shareholding.
March 3, 2009... 1. INTRODUCTION: BACKGROUND AND AMENDING LAW The acquisition of a real property in Turkey by a Turkish company with a foreign shareholding (a Foreign-Owned Company) became confusing by a decision of the Turkish Constitutional Court on 11...

Developments In Turkish Insolvency Law.
March 3, 2009... The law governing Turkish Insolvency procedures known as the Execution and Bankruptcy Law (the EBL) (Icra Iflas Kanunu) has in previous years been amended twice and has introduced new procedures for ailing companies. In this article, we will...

The PCCW Privatization: A Guide To The Applicable Law For Schemes Of Arrangement.
March 3, 2009... Allegations of share splitting in the proposed privatization of PCCW have raised an important question as to how the statutory majority to approve a scheme of arrangement should be determined. This question is significant both in the short-term...

Deloitte Real Estate Executive Report - Survival Of The Fittest.
March 3, 2009... FOREWORD Welcome To The Second Real Estate Executive Report There is not much we can add in this column that has not already been reported in the acres of news print on the global financial crisis. But what of the particular impact on real...

New Unfair Dismissal Laws May Be Too Little, Too Late.
March 3, 2009... With the economic downturn having intensified in Australia in the first half of 2009, it is increasingly clear that the Rudd Government's new unfair dismissal laws will arrive too late to soften the blow of redundancy for many of those...

First 'Unfair' Contract Claims Under The Independent Contractors Act.(Riteway Transport)(Keldote Pvt Ltd v. Riteway Transport)(Fabsert Pvt Ltd v. ABB Warehousing)
March 3, 2009... One of the 'evils' eradicated from the industrial relations system by the Work Choices reforms was the 'unfair contracts' jurisdiction operating in NSW and Queensland, previously available to workers of all stripes, including employees,...

Beyond The Front Door - Liability Of The Hotelier.
March 3, 2009... Rooty Hill RSL Club Ltd v. Karimi [2009] NSWCA 2 Portelli v. Tabriska Pty Ltd & Ors [2009] NSWCA 17 Last month we featured a recent decision in which an hotelier was found liable to an intoxicated patron who was injured after he had left...

Liability To Pay Damages Outside The Employee/Employer Relationship.
March 3, 2009... George v Survery [2009] NSWSC 5 12 January 2009 Harrison J In Brief This matter involved a worker who suffered an injury (heart condition) that arose out of the course of his employment. The Supreme Court determined that an employer was...

Aiding And Abetting A Contravention Of The Law - And Not The Criminal Kind!!
March 3, 2009... When one hears the term "aiding and abetting", it conjures up images of people being involved in criminal activities. Whilst the term is also used regularly in the trade practices area, it is far less familiar in the context of corporate law....

Comparison Of Business Tax Incentives In U.S. House And U.S. Senate Stimulus Packages.(American Recovery and Reinvestment Act of 2009)
March 4, 2009... It is anticipated that the U.S. Senate will take up the stimulus legislation early in the week beginning February 2, 2009, and that it will be signed into law on February 16, 2009. On January 28, 2009, the U.S. House of Representatives...

U.S. Employers Take Note: Required Use Of New Form I-9 Scheduled For April 3, 2009.(Immigration Reform and Control Act of 1986)
March 4, 2009... Beginning April 3, 2009, all U.S. employers are required to begin using the new Form I-9 to verify employee identity and work authorization, or face increased risk of prosecution and penalties. As of April 3, 2009, the U.S. Department of...

Changes To The Cadastral Register.
March 4, 2009... From 1 March 2009, rights to obtain information from the Cadastral Register will become more restricted. The Cadastral Register is parallel to the UK Land Registry in listing real estate and giving the description, location, dimensions and...

Significant Changes Proposed To The Competition Act And The Investment Canada Act.
March 4, 2009... In a move that took many by surprise, the Canadian Government last week proposed significant changes to the country's competition law and foreign investment review process. These measures were introduced as part of the Government's budget...

Development Plans - A New Era.(United Kingdom. Town and Country Planning (Scotland) Act 1997)
March 4, 2009... Introduction The Development Plan has always been a critical part of the planning system. That importance however was enhanced when provisions, which are now found in Section 25 of the Town and Country Planning (Scotland) Act 1997, were...

Hierarchy Of Developments - Heads I Win, Tails You Lose?(National Planning Framework for Scotland)
March 4, 2009... Introduction The process of implementing the changes to the planning system in Scotland is now fully underway. While the timetable has slipped (it is some 5 years or so since the White Paper came out and over 2 years since the "new"...

Claimants Behaving Badly.(briefs)(United Kingdom. Law Reform (Miscellaneous Provisions) (Scotland) Act 1985)
March 4, 2009... Does the illegality doctrine apply to tort claims? When might a defence based on the ex turpi or illegality principle be successful in a tort case? The ex turpi rule (or ex turpi causa non oritor actio, to give the principle its full name)...

Energy & Climate Change - A Look At The "Green" Spending Commitments Of The Economic Recovery Package.(American Recovery and Reinvestment Act of 2009)
March 4, 2009... On February 17, 2009, the President signed into law the American Recovery and Reinvestment Act. Not only will this new law serve as the foundation for the new Administration's economic recovery efforts, but the investments made in the law will...

Developments In Economic Sanctions And Export Controls In 2008 And What's Ahead In 2009.
March 4, 2009... The primary export controls and economic sanctions imposed by the United States Government are under the authority of the Treasury Department, Commerce Department, and State Department. The Treasury Department's Office of Foreign Assets Control...

SEC Adopts Final Rules Requiring Interactive Financial Data In XBRL Format.(Securities and Exchange Commission)
March 4, 2009... Subject to a three-year phase-in, public companies are required to file their financial statements in XBRL format in a separate exhibit to reports and registration statements that contain financial statements. On January 30, 2009, the U.S....

Pharmacapsules @ Gowlings February 9, 2009.(National Institute of Health and Clinical Excellence)
March 4, 2009... Edited by Jennifer Wilkie and Chantal Saunders Contents NICE to Launch an Independent Study of How to Account for Value in New Health Technologies Obama's Prescription Drug Plan FDA Requires Increased Disclosure of Bioequivalence...

Energy @ Gowlings February 3, 2009.
March 4, 2009... Edited by Paul Harricks Contents Alberta Government Announces New Transitional Royalty Rate Program - John Iredale and Chiara Woods Obama's Energy and Environmental Plan - Michael Morrison Alberta's Energy Strategy for the Future -...

Process of Instituting A Litigation Hold - Tip of the Month.
March 4, 2009... Originally published February 27, 2009 Keywords: document preservation, retention and destruction of data, company databases, records management, Federal Rules of Civil Procedure, electronically stored information, litigation hold ...

Court Of Appeal Decision In Relation To The Availability Of Damages Once Shipbuilding Contract Terminated.(Case overview)
March 4, 2009... The Court of Appeal has recently handed down its decision in "Stocznia Gydnia SA and Gearbulk Holdings Limited [2009] EWCA Civ. 75". The Court of Appeal has dealt with the interesting question as to whether, if a Shipbuilding Contract is...

Telecommunications Consumer Data: A Privacy Update.
March 4, 2009... The privacy of consumer telephone records continues to be the subject of scrutiny at both the judicial and regulatory levels in Washington. This Alert provides an update on this issue. By way of background, Congress and the Federal...

Court Of Appeals Rules Against Plaintiffs In Excessive Fees And Revenue-Sharing Case.(Case overview)
March 4, 2009... Beginning in late 2006, a number of complaints were filed against 401(k) plan sponsors and plan service providers, charging fiduciary breaches in connection with the allegedly high level of fees being paid on plan investments that were then...

The Financial Stability Plan: Treasury Releases Terms Of The Capital Assistance Program.(U.S. Treasury Department)
March 4, 2009... On February 10, 2009, Treasury Secretary Timothy Geithner introduced the Financial Stability Plan, a series of programs to be implemented by the U.S. Treasury Department, the Federal Reserve, and other regulatory authorities that are designed...

Illinois Supreme Court Closes The Circuit And Zaps Two Tax Codes.(Case overview)
March 4, 2009... On February 20, 2009, the Illinois Supreme Court ruled that for purposes of the Investment Tax Credit ("ITC") against the Illinois Personal Property Replacement Income Tax,1 a sale of electricity is a sale of tangible personal property. The...

Principles Affecting Deep Pocket Recoveries.
March 4, 2009... Now that Bernard L. Madoff Investment Securities LLC is in bankruptcy and being liquidated by the SIPC trustee, its victims are focusing upon intermediaries, including so-called "feeder funds" and investment advisers, their corporate parents...

Sham Trust Finding Upheld In Jersey.
March 4, 2009... Facts The facts of this case are straightforward. Mr and Mrs Minwalla were embroiled in a hotly contested divorce in the English High Court. The Trustees of a Jersey Trust, established for the benefit of the husband were served notice of...