Mondaq Business Briefing articles from November 2007

Mondaq Business Briefing archives from November 2007

Electronic Discovery - Simple Concepts And Tools To Open The Black Box.
November 1, 2007... A version of this article was originally published in The National Law Journal. After several high-profile court decisions and, more recently, the imposition of the amended Federal Rules of Civil Procedure relating to electronic evidence,...

Corporate Manslaughter: A Brief Summary Of The New Offence.(Corporate Manslaughter and Corporate Homicide Act)
November 1, 2007... Originally published in BLG's Environment and Health & Safety Digest, Autumn 2007 The Corporate Manslaughter and Corporate Homicide Act received Royal Assent on 26 July 2007. It is expected to come into force on 6 April 2008. The Act...

Asbestos.(Rothwell v Chemical & Insulating Co Ltd )(Fairchild v Glenhaven Funeral Services and the Compensation Act 2006 )(Brett v Reading University)
November 1, 2007... Originally published in BLG's Environment and Health & Safety Digest, Autumn 2007 The legal battle that has raged in recent months in relation to the actionability of pleural plaques is almost at an end. The House of Lords heard the...

HSR Act Violations Will Cost You: Iconix Brand Group Fined $550,000 For Failure To Submit Documents Required By HSR.(Hart-Scott-Rodino Notification Act)
November 1, 2007... On October 15, 2007, the U.S. Department of Justice (DOJ) filed a complaint in U.S. District Court to obtain $550,000 in civil penalties against Iconix Brand Group Inc. ("Iconix") for violating premerger notification requirements of the...

Licensed Premises Update: Commencement Of Important Changes To Approval Of POPEs.(Place of Public Entertainment)
November 1, 2007... Important changes to the process and substance of Place of Public Entertainment (POPE) approvals are about to commence. From next week, an application for POPE approval will have to be by way of a full development application to Council,...

Being A Trustee Can Be Dangerous.
November 1, 2007... Acting as a trustee of a trust can have serious risks for the persons who act as trustees. The risks arise from a variety of sources, some of which are mentioned here. Ordinary civil liability Trustees dealing with investment or...

Scottish Charity Investment - A Briefing For Charity Trustees And Their Advisors, October 2007.
November 1, 2007... PAYING DIVIDENDS? For many charities, maintaining and increasing income is a constant challenge. In this article, we explore one of the main sources of investment income - the dividend. An investment portfolio has often been the asset...

What Will 2008 Hold For Reinsurers?
November 1, 2007... As we enter the final quarter of 2007 can we predict the challenges which will face reinsurers during the course of 2008? We know that 2008 will be a year containing events of global significance; we will see the occasion of the Beijing...

Follow Clauses No Coverage Guarantee.
November 1, 2007... If a softening market heralds more reinsurance disputes, it is a fair bet that "follow the settlements" clauses will feature heavily. In Aegis, the underlying cover was against all risks of physical loss to an oil refinery. The insurer was...

Arbitration: Still A Valued Means Of Resolving Disputes?
November 1, 2007... It is appropriate that the (re)insurance market regularly returns to the debate over the available options for the resolution of disputes that inevitably arise. The choice of dispute resolution method is something which needs to be addressed...

Construction, Property & Real Estate (Case Law Review, Issue 7, 2007).
November 1, 2007... ADJUDICATION Excess of jurisdiction Quietfield v Vascroft - a case of excess (jurisdiction)? by Kevin Barratt, Construction Law Journal 2007 Vol.23 No.5 p.356 The article considers the propositions that the judgment of Jackson J,...

Understanding Bill C-11: A Competition Perspective.
November 1, 2007... Introduction Bill C-11, now proclaimed into law, has significantly changed the operation of the Canada Transportation Act (the "CTA"), including changes to the process of notification and review of mergers involving transportation...

IP Strategy - More Than Meets The Eye.(Deepak Somaya )(Interview)
November 1, 2007... http://www.rhsmith.umd.edu/lbpp/faculty/somaya.html (By Duncan Bucknell, co-written with Joanne Sinclair, Consulting Editor.) Duncan caught up with Deepak Somaya when in Washington earlier this year. Deepak is an Assistant Professor at...

Assessing The Impact Of Resale Price Maintenance On Competition.
November 1, 2007... The US Supreme Court recently held that vertical resale price maintenance (RPM) should be reviewed under the rule of reason standard, overruling the 96-year-old case law establishing the per se illegality of minimum resale price maintenance....

Overseas Investments By Mutual Funds Liberalized.(Securities and Exchange Board of India)
November 1, 2007... The Reserve Bank of India ("RBI") had on 8th May 2007 enhanced the ceiling on investments by Mutual Funds registered with the Securities and Exchange Board of India ("SEBI") from the existent limit of USD 3 billion to USD 4 billion. To...

Environment Bulletin.(developments in town and country planning policy)(Brief article)
November 1, 2007... Welcome to the Autumn edition Since our last edition there have been some significant developments in town and country planning policy. Documents of a particular importance include the planning white paper, the housing green paper and...

Testing The Waters Of 'All Reasonable Endeavours'.(Waters Lane and Anor v Sweeney and Ors.)(Hospital Products Ltd v United States Surgical Corps.)
November 1, 2007... The NSW Court of Appeal recently considered the meaning of the common contractual term 'all reasonable endeavours' in its decision in Waters Lane and Anor v Sweeney and Ors. This case is significant in its discussion of the difference between...

Security Of Payment Decisions No Longer Reviewable Under Queensland Judicial Review Act.(Building and Construction Industry Payments Act 2004 have been subject to judicial review under the Judicial Review Act 1991)(Brief article)
November 1, 2007... In Queensland, since the case of JJ McDonald & Sons Engineering Pty Ltd v Gall, decisions of an adjudicator under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA) have been subject to judicial review under the Judicial...

Fast-Tracking Arbitrations.(Institute of Arbitrators & Mediators Australia launched Fast Track Arbitration Rules)(Brief article)
November 1, 2007... Arbitrations are a common dispute resolution procedure used by parties for construction disputes. However, the arbitration process (like unsupervised court proceedings) can be slow and costly, particularly if either of the parties adopt 'go...

Artist Awarded First Damages For Moral Rights Infringements.(Vladas Meskenas v ACP Publishing Proprietary Ltd.)
November 1, 2007... Professional designers in the building and construction industry have generally found comfort in the moral rights protections of the Copyright Act 1968 (Cth) (Act). On the other hand owners, developers and tenants have treated the scope and...

Payment Claims Cannot Be Identical.(Construction Industry Payments Act 2004)
November 1, 2007... A recent decision of the Supreme Court of Queensland looked at the question: Does the Queensland Building and Construction Industry Payments Act 2004 (SOP Act) entitle a contractor to resubmit a previously unpaid payment claim with a new date...

The Election And Workplace Relations.(Building and Construction Industry Improvement Act)(Australian Labor Party )
November 1, 2007... A looming question for the building and construction industry is, what will happen if the ALP wins the election? The ALP has said: The Building and Construction Industry Improvement Act 2005 will remain in place until 31 January 2010;...

OFT Test Case Says Connected Lender Liability Extends To Foreign Transactions.(Office of Fair Trading)
November 1, 2007... Introduction The House of Lords has, today, delivered its judgement in the case of The Office of Fair Trading v Lloyds TSB plc, Tesco Personal Finance Limited and American Express Services Europe Limited [2007] UKHL 48, unanimously...

CC Consults On Provisional Findings In Groceries Inquiry.
November 1, 2007... On 31 October 2007 the Competition Commission (CC) published its provisional findings in its review of grocery retailing in the UK, together with proposed remedies to the competition problems identified. The CC welcomes comments on its...

New Protocol To The Canada-U.S. Income Tax Convention Affects M&A Transactions.
November 1, 2007... The fifth protocol (Protocol) to the Canada-U.S. Income Tax Convention (Treaty) was signed on September 21, 2007. The Protocol contains the changes to the withholding tax rules for interest and the treatment of limited liability companies...

Cleantech: Another Big New Tech Wave.
November 1, 2007... Lawyers and law firms need to be aware of every next big wave of technological innovation. For instance, just considering communications technologies over the last 150 years, some of the bigger waves were: the telegraph, the telephone, radio,...

Disclosure Of Personal Information Without Consent Pursuant To Lawful Authority.(Personal Information Protection and Electronic Documents Act )
November 1, 2007... Sometimes businesses receive requests for personal information from the police or other law enforcement bodies and must then consider whether they may disclose the requested information in light of the Personal Information Protection and...

Recent Developments In NAFTA Law.(North American Free Trade Agreement)
November 1, 2007... This article was originally printed in the Law and Business Review of the Americas V. 13-3 (Summer 2007) Introduction Chapter 19 of the North American Free Trade Agreement (NAFTA) allows the signatories to choose an alternative forum...

No Gaming The System For Standing.
November 1, 2007... Following closely on the heels of Morrow, et al. v. Microsoft Corp. (See this issue) and Propat Int'l Corp. v. RPost, Inc., (See IP Update Vol. 10, No. 1), U.S. Court of Appeals for the Federal Circuit has again refused to find standing in a...

High Royalty Rates Justified By Margins And History.
November 1, 2007... "[G]iven the contentious history between [the] two parties," the U.S. Court of Appeals for the Federal Circuit found that a 29.2 percent royalty rate for infringement was reasonable and was not an abuse of discretion by the district court or...

Pro Se Applicant's Fifteen Patents Buried Under Multiple Grounds Of Inequitable Conduct.
November 1, 2007... The U.S. Court of Appeals for the Federal Circuit found a district court did not abuse its discretion in holding 15 patents unenforceable for multiple improprieties by the patentee. Nilssen, et al. v. Osram Sylvania, Inc., et al., Case No....

HR Policies That Promise Too Much.
November 1, 2007... An employer's human resources policies are not just a set of statements that no-one takes seriously... they can be enforceable contract terms, according to the Federal Court. The Full Federal Court of Australia has recently handed down its...

The Fairness Test.
November 1, 2007... New Requirements For Agreements Employers contemplating entering into Workplace Agreements under the federal Workplace Relations Act 1996 (the Act) need to be aware of recent changes to the Act which provide that fair compensation must be...

The Brewery With No Beer - But With A Concept Plan.
November 2, 2007... Since 1835 thirsty Sydneysiders have been satisfied by the product of the brewery at 26 Broadway, Chippendale, on the fringe of the CBD. The brewery complex is a major landmark site, and in about 2003 brewing gave way to proposals for...

Recent Trends in Shareholder Class Action Litigation: Filings Stay Low and Average Settlements Stay High-But Are These Trends Reversing?
November 2, 2007... Originally published September 2007 By Todd Foster, Ronald I. Miller, Ph.D., Stephanie Plancich, Ph.D., Brian Saxton, Svetlana Starykh1 OVERVIEW: TREND OF LOWER FILINGS AND BIG SETTLEMENTS CONTINUES IN 2007, WHILE MEDIAN INVESTOR...

Tax Law Bulletin - New Protocol To The Canada-US Tax Treaty: Recognition Of LLCs And Elimination Of Treaty Benefits For Certain Hybrid Entities.
November 2, 2007... On September 21, 2007, Canada and the United States signed the long-awaited Fifth Protocol (the "Protocol") to the Canada-US Income Tax Convention (the "Treaty"). Consistent with the announcement made in the 2007 Federal Budget, the Protocol...

Tax Law Bulletin - New Protocol To The Canada-US Tax Treaty: Corporate Continuance And Residence.
November 2, 2007... The Fifth Protocol (the "Protocol") to the Canada-US Income Tax Convention (the "Treaty") introduces significant changes to the rules relating to corporate continuance and residence. Of particular note, the Protocol will provide that...

Unsuccessful Crown Attempt To Apply GAAR To The Canada-Luxembourg Tax Treaty.
November 2, 2007... Article by Kathleen Penny, [c] 2007, Blake, Cassels & Graydon LLP Originally Published in Blakes Bulletin on Tax, October 2007 Taxpayers have greater certainty regarding their ability to enjoy the benefits of Canada's tax treaties...

Two Recent Tax Shelter Decisions Require Supreme Court Clarification.(Income Tax Act )
November 2, 2007... Article by Tracey Woo, [c] 2007, Blake, Cassels & Graydon LLP Originally Published in Blakes Bulletin on Tax, October 2007 In 1995, the Department of Finance substantially amended the tax shelter rules under the Income Tax Act (Canada)...

CRA Challenges Whether Netherlands Holding Company Is "Beneficial Owner" Of Dividends.
November 2, 2007... Article by David Spiro, [c] 2007, Blake, Cassels & Graydon LLP Originally Published in Blakes Bulletin on Tax, October 2007 In a case argued in the Tax Court of Canada in September 2007 but not yet decided (Prevost Car Inc. v. The...

Guernsey Investment Manager Launches Serbian Property Fund.(Argyll Investment Services Limited)
November 2, 2007... This article was originally published on 31 October 2007 Today Guernsey-based Argyll Investment Services Limited is launching one of the first funds to invest in the Serbian and particularly Belgrade real estate market. The...

Perspective: The New Urgency To Fix Online Privacy.(Reprint)
November 2, 2007... Reprinted with permission from CNet.com. A decade ago, I started writing about online privacy issues. At the time, legal colleagues told me that while they found the topic interesting from an academic standpoint, it had no real world...

Trade Alert: WTO Challenge To China's Intellectual Property Protection Regime.
November 2, 2007... On September 25, 2007, the Dispute Settlement Body of the World Trade Organization (WTO) established a panel to review China's measures concerning the protection and enforcement of intellectual property rights, including trademarks and...

Control Of A Workplace For Construction And Maintenance Purposes.(Comcare)
November 2, 2007... The decision of the Australian Industrial Relations Commission in Telstra v Comcare [2007] AIRC 136 should ring alarm bells in the ears of those involved in Commonwealth construction and maintenance contracts. This case involved an injury...

Industry Recognition And Awards For Our Major Projects Team.
November 2, 2007... Ranked No. 1 in PLC Which Lawyer? 2007 In the latest edition of the PLC Which Lawyer? legal directory, our Clayton Utz Major Projects and Construction practice was ranked as the Leading Firm in Construction - Australia. In the...

Planned Changes For Consumer Credit Code.
November 2, 2007... The Queensland Department of Tourism, Fair Trading and Wine Industry Development has recently released an exposure draft of proposed amendments to the Consumer Credit Code for comment. These amendments are intended to address issues in the...

Laying The Foundation For An Australian Emissions Trading Scheme.
November 2, 2007... In our July edition we reported on the rush to greenhouse gas ("GHG") reporting, considering steps taken by both the Commonwealth and the States and Territories to introduce a robust GHG reporting system. Since then, the Commonwealth...

Legal Concerns Of Foreign Companies In China.
November 2, 2007... In more than four years working for the Chinese law firm Wang Jing & Co., assisting foreign companies in their business activities in China, I have been frequently asked about the major legal concerns that foreign companies in or entering in...

The Liability Of Landlords Revisted:.(New South Wales, Australia. Court of Appeal)
November 2, 2007... Introduction A recent decision of the New South Wales Court of Appeal, Estate of the late Joseph James Virgona v. Rachael May De Lautour (18 October 2007), has upheld the landmark High Court case of Jones v. Bartlett by deciding that a...

World Gone Mad.(divorce cases)
November 2, 2007... Many people would probably share the disbelief of Dennis North when, last year, he was ordered to pay his first wife, Jean, a further sum of [pounds sterling]202,000 having been divorced from her for nearly 30 years. Dennis and Jean...

Side Pockets - The Best Of Both Worlds.(management of hedge funds)
November 2, 2007... In a marketplace that is becoming more crowded and competitive by the day, many multi-strategy hedge funds have begun looking beyond their traditional hunting grounds for new opportunities. The general consensus is that, on average, private...

No Explicit Teaching Necessary To Render Isolation Of Stereoisomer From Mixture Obvious.
November 2, 2007... Addressing the issue of the obviousness of a compound that is purified from a mixture of related chemical compounds, the U.S. Court of Appeals for the Federal Circuit reversed a district court's pre-KSR finding of non-obviousness for Aventis'...

Vonage May Soon Hang Up.
November 2, 2007... In a high-visibility post-KSR case spawning three separate opinions from a three-judge panel of the U.S. Court of Appeals for the Federal Circuit, a majority of the panel upheld the claim construction jury instruction and obviousness as to two...

SEC Approves FINRA Rules Addressing Conflicts Of Interest In Fairness Opinions.(Financial Industry Regulatory Authority)(Securities and Exchange Commission)
November 2, 2007... The SEC has approved Rule 2290, proposed by the Financial Industry Regulatory Authority ("FINRA") for its member firms in connection with the issuance of fairness opinions.1 FINRA (formerly known as the National Association of Securities...

USPTO Enjoined From Enforcing New Rules.(United States Patent and Trademark Office )
November 2, 2007... Eastern District of Virginia Enjoins USPTO from Implementing Revised Final Patent Rules. On October 31, 2007, Judge James C. Cacheris of the Eastern District of Virginia enjoined the United States Patent and Trademark Office from...

Canada Is First To Grant WTO Compulsory Licence For Export Of Generic Drug.(Trade-Related Aspects of Intellectual Property Rights)
November 2, 2007... Last week, Canada became the first country to issue a compulsory licence for the production and export of a patented medicine to a developing country pursuant to a plan negotiated under the auspices of the World Trade Organization (WTO). ...

California Legislature Passes Bill Applying Retroactive LLC Fee Formula.
November 2, 2007... On March 24, 2006, we posted a client alert detailing the California Franchise Tax Board's published procedures for taxpayers wishing to file protective claims in response to Northwest Energetic Services, LLC v. California Franchise Tax Board,...

Social Security "No-Match" Regulation Update - DHS Requests Time to Conduct a New Rulemaking.
November 3, 2007... The U.S. District Court for the Northern District of California has granted a Department of Homeland Security (DHS) motion which will stay proceedings until March 1, 2008, to permit DHS to undertake a new rulemaking effort that will address the...

House Passes Farm Bill.
November 4, 2007... On July 27, 2007 the U.S. House of Representatives (the House) passed its version of the farm bill by a 231-191 vote after a brief consideration on the House floor. As Collin Peterson (D-MN), the Chairman of the House Agriculture Committee,...

The Groundwork Of Convergence.(Nextel Communications and IncAT&T Inc Forecasts and trends)(Company overview)
November 4, 2007... Article by Simon Lamb and Philip Shephard, PricewaterhouseCoopers Over the last couple of years, major communications companies have rationalized their portfolios, strengthened the ownership of their separate operations, and increased their...

Winning Back The Multinationals - How Tax Relief Could Put The UK Back On The Map.
November 4, 2007... Rajesh Sharma explores proposals for a more favourable tax regime for multinationals. The Government recently published a consultation document on the treatment of foreign profits for multinationals. Its aim is to maintain the...

Improving Payment Practices In The Construction Industry.(Industry overview)
November 4, 2007... The Construction Industry is one of the UK's biggest industries and is often referred to as being a pillar of the UK economy. Statistics demonstrate that it accounts for nearly 9% of the National Gross Value Added. Consequently it continues to...

Google News Service Infringes On Newspaper Publishers' Copyright.
November 4, 2007... On 13 February 2007, the Brussels Court of First Instance found Google Inc. guilty of copyright violations as a result of its unauthorised reproduction and making available to the public of newspaper content, including full articles, headlines,...

Battle Of The Forms.
November 4, 2007... It is now common for businesses to adopt standard terms and conditions, but if both the supplier and purchaser try to impose their own standard terms into a supply contract, difficulties can arise in determining whose terms will prevail. ...

What Is The Business Premises Renovation Allowance (BPRA)?
November 4, 2007... The BPRA is a 100% capital allowance for the capital cost of renovation and conversion of business properties in disadvantaged areas that have been vacant for at least a year. The aim of the allowance is to help bring buildings in these...

S.A. Copyright - Heading To Be A Dinosaur?
November 4, 2007... Copyright in South Africa runs the risk of becoming an endangered species and ultimately suffering the fate of the dinosaur. The reason for this unhappy state of affairs is that, like all species which have faded away into extinction in the...

Energy Certificates And The EPB Directive - Impact On The Property And Construction Industries.
November 4, 2007... With climate change well up the political agenda, and likely to stay there, there's a bewildering array of "low carbon" initiatives out there. With carbon offsetting, micro-generation, and carbon neutral buildings all looming large on the...

The Legal Meaning Of Waste.
November 4, 2007... Semple Fraser has, for the past 18 months, been working with the leading UK waste oils recycling company - The OSS Group - on one of the most important legal cases of recent years. The case concerns the notoriously difficult legal complications...

Merger Control - The International Regulation Of Mergers And Joint Ventures In 60 Jurisdictions Worldwide.
November 5, 2007... Legislation And Jurisdiction 1 What is the relevant legislation and who enforces it? Merger control issues in Cyprus are regulated by Law 22(I) of 1999, otherwise known as the Control of Concentrations between Enterprises Law of 1999...

Planning And Administration Of Offshore And Onshore Trusts.
November 5, 2007... Introduction E6.1 Cyprus is an island in the eastern Mediterranean Sea. Situated at the crossroads of Europe, Africa and Asia, it is easily accessible to overseas clients. It is two hours ahead of London, seven hours ahead of New York, and...

Should You Be Bothered About Protecting Your Slogans?(u)
November 5, 2007... Most businesses are aware that logos and brand names are capable of protection as registered trade marks and even if not protected by registration can be protected in law if there is sufficient goodwill in the brand and it meets other specific...

The International Comparative Legal Guide To: Gas Regulation 2007.
November 5, 2007... This article appeared in the 4th edition of The International Comparative Guide to PFI / PPP Projects 2007 published by Global Legal Group Ltd, London. Nigeria 1 Overview of Natural Gas Sector 1.1 A brief outline of the country's...

Press Release: Dickinson Cruickshank Moves Up In The Rankings.
November 5, 2007... Isle of Man law firm Dickinson Cruickshank are very pleased to announce that they have been elevated in the rankings of eminent legal directory the Legal 500. The rankings released this week have moved the firm into the 1st tier in Commercial...

A New Dawn.(new law for commercial mortgage-backed securities)
November 5, 2007... Andrew Petersen reports on the impact of Basel II standard on Europe's fast-evolving commercial mortgage-backed securitisation market European commercial mortgagebacked securitisation (CMBS) has been enjoying a period of tremendous growth....

Subprime Mortgage Crisis: Congressional Developments.
November 5, 2007... As surely as shorter days and cooler nights color the leaves, so the subprime mortgage crisis has brought interesting stirrings in Congress, both legislative and investigative. Here are two of the developments we are following: Mortgage...

Progress Report On The Regulation Of Fiduciaries, Administration Businesses And Company Directors Bill Of 2006.
November 5, 2007... The regulation of trustee and company service providers has long been a topic for debate in Cyprus. However, membership of the European Union, coupled with the introduction of the third EU anti-money laundering Directive in 2005, has provided...

Cyprus Business Headlines.(government agencies provide services to attract foreign corporations )
November 5, 2007... One Stop Shop" For Foreign Investors A new government service has been established by the Ministry of Commerce, Industry and Tourism to encourage investment and new business ventures by facilitating the completion of registration...

Recent Developments And Routes For Enforcing Intellectual Property Rights In China.
November 5, 2007... Article by Aaron Wininger and Peiyu Sun Introduction China's growing population of over 1.3 billion potential consumers, coupled with their rapidly growing disposable income, is becoming a huge marketplace for products protected by...

Building New Transmission For Renewable Energy: California's RETI Process.(Renewable Energy Transmission Initiative)
November 5, 2007... The Renewable Energy Transmission Initiative (RETI) was recently launched with the goal of getting transmission planned and built to areas with developable renewable energy resources.1 RETI is structured as a collaborative stakeholder process,...

Key Changes Affecting Employers Under The New PRC Labour Contract Law.
November 5, 2007... Introduction After more than 2 years of consultation and redrafting, the Standing Committee of the National People's Congress finally passed the new PRC Labour Contract Law (the "New Law") on 29 June 2007. The New Law will take effect on 1...

Cyprus Succession Law And Planning.
November 6, 2007... This article appeared in the September 2007 issue of "Offshore Investment" and is reproduced by kind permission of the publisher. Cyprus's succession law reflects the cosmopolitan nature of the island itself. While the wording of the law...

Environment Law In Nigeria.
November 6, 2007... This article appeared in the 4th edition of The International Comparative Guide to PFI / PPP Projects 2007 published by Global Legal Group Ltd, London. Nigeria 1 Environmental Policy and its Enforcement 1.1 What is the basis of...

In With The New - Problems But Are There Solutions?
November 6, 2007... The hot topic in agricultural circles at the moment is how to get new, young entrants onto the farming ladder. Below is an update on industry attempts to address this issue together with his own thoughts on a resolution. The reasons why...

A New Regional Arbitration Forum.
November 6, 2007... In cross-border contracts involving South African concerns and various foreign parties, most often one or other of such foreign parties are unfamiliar with South African law and the South African legal system. Consequently, such parties often...