Mondaq Business Briefing articles from November 2008

Mondaq Business Briefing archives from November 2008

Investment Funds.
November 2, 2008... INTRODUCTION The Cayman Islands are becoming increasingly popular as a jurisdiction for the establishment of offshore investment funds. While these primarily involve institutional investors and take the form of private placements, a number...

A Review Of ASIC Relief From Financial Reporting Obligations.(Australian Securities and Investments Commission)
November 2, 2008... The Australian Securities & Investments Commission has this month released Regulatory Guide 43 in relation to obtaining relief from financial reporting obligations under the Corporations Act 2001 (Cth). The Corporations Act generally requires...

SEC Adopts Revisions To Its Cross-Border Transaction Exemptions And Beneficial Ownership Reporting Rules.
November 3, 2008... Introduction On September 19, 2008, the United States Securities and Exchange Commission (the "SEC") published its final rule and interpretive guidance regarding changes to its cross-border transaction rules and beneficial ownership...

Canada's New Guidelines For Claiming Consumer Products Are Eco-Friendly.
November 3, 2008... The environment is on the minds of consumers these days. And in response, a multitude of products and services claiming to be "green" or "eco-friendly" are stacking supermarket aisles. The Trade-marks Register confirms the proliferation of...

FDIC Issues Interim Rule To Implement Temporary Liquidity Guarantee Program.(Federal Deposit Insurance Corporation)
November 3, 2008... Provides Framework and Operating Details On October 23, 2008, the Board of Directors of the Federal Deposit Insurance Corporation (the "FDIC") announced that it had approved an interim rule under the FDIC's systemic risk exception process...

US Election May Affect Patenting.(Brief article)
November 3, 2008... Forthcoming changes in the US political landscape may have a significant impact upon patent law. It seems likely that both candidates in the campaign will press for reform of US patent law. Both parties have expressed the view that patents...

IT Freelancers - A Status Change?
November 3, 2008... A recent ruling by the Inland Revenue may have significant implications for consultants working within the IT industry, and for those working with them. The ruling in question concerned a Mr Bessell. Mr Bessell carried out IT related work...

Patent Licences - Ambiguities Become Clearer.
November 3, 2008... The High Court was recently required to examine issues of interpretation relating to a patent licence. The case in question concerned the development of a new catalyst for use with respect to diesel fuel engines. It was expected that this...

New Legislation Seeks To Enhance IP Enforcement.
November 3, 2008... In late September 2008, the U.S. Senate and the U.S. House of Representatives passed legislation that seeks to enhance the resources and tools necessary to counter intellectual property (IP) infringement and counterfeiting. The bill, entitled...

Delayed Patents May Obtain Additional Patent Term Under District Court Ruling In Wyeth.
November 3, 2008... On September 30, 2008, the U.S. District Court for the District of Columbia issued a decision that changes how the U.S. Patent and Trademark Office (PTO) calculates a patent term adjustment under 35 U.S.C. s. 154. Wyeth v. Dudas, No. 07-1492...

SEC Amends Rules On Cross-Border Tender Offers, Exchange Offers, Business Combinations.(U.S. Securities and Exchange Commission)
November 3, 2008... The amended rules are designed to expand and enhance the utility of the cross-border exemptions for business combination transactions and rights offerings and to encourage offerors and issuers to permit U.S. security holders to participate in...

Focus On The Financial Services Industry: What Banks And Other Financial Services Companies Need To Understand About U.S. Export Controls And Economic Sanctions.(United States. Department of the Treasury. Office of Foreign Assets Control)
November 3, 2008... It goes without saying that the United States Government imposes numerous controls on the export of products and technologies. The classic "export control" prohibits the transfer of military items to countries and individuals with which the...

Cayman Hedge Funds Reach New Milestone.
November 3, 2008... Paul Scrivener and Laura Hatfield of Solomon Harris provide an update on Cayman's hedge fund industry For quite some time now the Cayman Islands has been the global market leader for hedge funds, entirely dwarfing other offshore centres...

California Court Further Clarifies Meal And Rest Period Obligations For Employers.(Brinker Restaurant Corporation)(California. Court of Appeal)(Case overview)
November 3, 2008... On the heels of the California Supreme Court's grant of review of Brinker Rest. Corp. v. Superior Court, the Second Appellate District of the California Court of Appeal has published a new opinion addressing many of the same meal and rest...

U.S. Treasury Department's Capital Purchase Program: Should You Go To The Dance?
November 3, 2008... On Oct. 14, 2008 the Secretary of the Treasury announced a voluntary program within the Troubled Asset Relief Program ("TARP"), for a direct injection of capital from the U.S. Treasury Department ("Treasury") in the form of cumulative senior...

U.S. Wireless Carrier Issues.
November 3, 2008... As a result of rapid market, technology and policy developments in the area of mobile communications services, wireless carriers in the United States are facing numerous regulatory and legal questions affecting their operations and the services...

SEC Extends And Modifies Institutional Investor Short Sale Reporting, Adopts Naked Short Selling Rules.(United States. Securities and Exchange Commission)
November 3, 2008... The effect of these actions is to retain, with some changes, the emergency measures relating to short selling that the SEC adopted in a flurry of emergency orders in September 2008. The U.S. Securities and Exchange Commission (SEC) has...

Lab Tests Wins Back Lab Services Contract.(New Zealand Public Health and Disability Act)
November 3, 2008... The recent decision of the Court of Appeal has quashed the decision of the High Court which invalidated not only the decision of the Auckland Regional District Health Boards (ARDHBs) to award the contract to provide primary referred pathology...

Securities Cross-Trading - ERISA Final Rule.(Employee Retirement Income Security Act of 1974)
November 3, 2008... The Pension Plan Protection Act of 2006 added to ERISA a new section 408(b)(19), which provides an exemption for the "cross-trading" of securities between accounts managed by the same investment manager, subject to certain conditions. In...

Funding Boost For Waste Recycling Sector.(Waste and Resources Action Programme)
November 3, 2008... Waste & Resources Action Programme (WRAP) has launched two new funding programmes to reduce waste and promote recycling. The Environmental Transformation Fund (ETF) Anaerobic Digestion (AD) Demonstration Programme is a [pounds]10 million...

Damages In Private Cartel Actions: The Position In England.
November 3, 2008... Competition authorities in Europe have sought to encourage private law actions against cartelist as part of effective antitrust law enforcement. In its White Paper of April this year, the Commission stated that: to date in practice victims...

The FDIC Temporary Liquidity Guarantee Program: Opportunities To Enhance Liquidity And Funding.(United States. Federal Deposit Insurance Corp.)(United States. Secretary of the Treasury)
November 3, 2008... The FDIC and the Secretary of the Treasury, after consultation with the President, have determined that systemic risk exists in the financial system, and on October 14, the FDIC announced (the "Announcement") a "Temporary Liquidity Guarantee...

ASIC's Position On Short Selling.(Australian Securities and Investments Commission)
November 3, 2008... The continuing effects of the global financial crisis have resulted in what some have called unprecedented turmoil in financial markets. Some of the volatility in stock markets has been blamed on short selling. Short selling is an activity...

International Tax Panel Update.
November 3, 2008... Originally Published September 2008 Federal Budget roundup The 2008-09 Federal Budget, the first under the new Labor government, introduced major revenue and expenditure measures that will have a significant impact on business. ...

Plan To Restrict Access To Share Registers.(Parliamentary Joint Committee)
November 3, 2008... The Parliamentary Joint Committee on Corporations and Financial Services (the Committee) has recently recommended an amendment to the Corporations Act which if adopted will limit public access to the share register of Australian companies. In...

The Power To Call On Bank Guarantees.(Clough Engineering Ltd.)(Oil and Natural Gas Corporation Ltd.)(Case overview)
November 3, 2008... Bank or performance guarantees are critical in the risk allocation between parties to construction contracts. The precise wording of the requirement for such a guarantee and form it should take are, however, often overlooked in negotiations....

Nursing Facility Transparency And Congress.(Nursing Home Transparency and Improvement Act of 2008)
November 3, 2008... For years, the long-term care community has supported the development of a nursing facility oversight system that is more objective, provides incentives for improvement, and better measures quality outcomes and processes. Congress has...

Informal Merger Approval Process: ACCC May Take A Tougher Line On Undertakings.(Australian Competition & Consumer Commission)
November 3, 2008... A recent statement by the Australian Competition & Consumer Commission (ACCC) chairman Graeme Samuel suggests that the ACCC may take a tougher stance on undertakings given during the informal merger approval process, or consider bringing to an...

Certain Shelf Registration Statements To Expire December 1, 2008.
November 3, 2008... Issuers who have shelf registration statements that were effective prior to December 1, 2005 should take action immediately, if they have not already done so, to determine whether these registration statements expire on December 1, 2008 and to...

Takeovers: Implications Of MacarthurCook Limited.
November 3, 2008... The Takeovers Panel (Panel) has arguably extended its policy on frustrating action with its decision in the matter of MacarthurCook Limited [2008] ATP 20. In that matter, the Panel considered that aspects of a 'strategic alliance' (whereby...

How Extravagant Are Your Liquidated Damages?(Case overview)
November 3, 2008... Liquidated damages are a powerful tool to both encourage contractual compliance and to provide financial protection to a party where the other party breaches the contract. In the recent case of GT Corporation Pty Ltd v Amare Safety Pty Ltd (No...

Personal Liability For Misleading Or Deceptive Public Announcements.(Case overview)
November 3, 2008... The recent unanimous judgment of the Full Federal Court in Australian Securities and Investments Commission v Narain [2008] FCAFC 120: Highlights the importance of ensuring public statements are not misleading or deceptive. Provides...

The Price To Pay For Victorian Payment Claims.
November 3, 2008... In the recent decision of Protectavale Pty Ltd v K2K Pty Ltd [2008] FCA 1248, the Federal Court has held that a payment claim under the Building and Construction Industry Security of Payment Act 2002 (Vic) must clearly identify the construction...

Ensuring Product Safety: Tricks And Traps In AS3806 Compliance.
November 3, 2008... Key Points Adopting a risk-based approach minimises non-compliance with product safety standards. AS3806 provides guidance for implementing the needed controls that maintain compliance. In our previous article, we discussed the...

The Battle Of Project Home Designs Continues.
November 3, 2008... The Federal Court recently dismissed a copyright infringement claim on the basis that it had not been established that direct or indirect copying of another's project home design had occurred. The case reveals the key to a successful defence to...

Doing The Deed A Deed, Standard Contract OR Agreement ?
November 3, 2008... Making the right decision on whether to use a deed, standard contract or an agreement can make a significant difference to the success of a transaction or project. In this article we look at the differences between all three, and conclude that...

Product Liability And Class Actions: The Litigation Leagues Table.
November 3, 2008... Key Points The number of product liability and class actions decisions in Australia is measured compared to some overseas jurisdictions Food and drink are the most likely to be the subject of litigation in Australia and building...

Enforceability Of Dispute Resolution Clauses.(Dualcorp Pty Limited)(Remo Constructions Pty Limited)(Case overview)
November 3, 2008... In the recent case of Dualcorp Pty Limited v Remo Constructions Pty Limited [2008] NSWSC 749, the NSW Supreme Court confirmed that it will only enforce alternate dispute resolution clauses if it satisfied that the proposed process is complete...

Supreme Judicial Court Extends Anti-Discrimination Laws To Small Businesses.
November 3, 2008... Chapter 151B, the Massachusetts anti-discrimination statute, does not apply to small employers, meaning those with fewer than six employees. However, last Friday, the Massachusetts Supreme Judicial Court ("SJC") held that an employee may...

WorkSafe Blitz On Manual Handling Hazards.(Occupational Health and Safety Regulations 2007)
November 3, 2008... WorkSafe have announced that from 1 November 2008 they will be conducting a state-wide inspection campaign targeting musculoskeletal disorder injuries, more commonly known as manual handling sprains and strains. WorkSafe's Executive...

Second Circuit Issues Ruling On Foreign Issuer Securities Case.
November 3, 2008... On October 23, 2008, the Second Circuit Court of Appeals issued an important decision regarding the extraterritorial application of the U.S. securities laws that will have broad implications for non-U.S. public companies. Morrison v. National...

ICANN Releases Draft Applicant Guidebook for New Generic Top-Level Domains.(Internet Corporation for Assigned Names and Numbers)
November 3, 2008... The Internet Corporation for Assigned Names and Numbers ("ICANN"), the organization that is responsible for the allocation of Internet domain names and IP addresses, released draft policy documents regarding a new program that will permit...

Collection Of Employees' Past Medical Records Is Legal.
November 3, 2008... In late 2005, the largest airline company in Hong Kong, Cathay Pacific Airways Limited ("CX"), implemented a programme requiring its cabin crew members who took long or frequent sick leave to disclose their medical records in the past 12...

California Publishes Climate Change Proposed Scoping Plan.
November 3, 2008... California, the U.S.'s most populous state and one of the world's ten largest economies, has historically exerted significant influence on the design of standards in the U.S. and beyond. The world's fifteenth largest greenhouse gas ("GHG")...

Development charge credit claims.
November 3, 2008... Introduction In P. Barnett Construction v. Burlington (City), (2008), 44 M.P.L.R. (4th) 122, the Ontario Superior Court of Justice dismissed an application by a landowner seeking an exemption from development charges ("DCs") by virtue of...

A primer on the law of open and closed meetings.
November 3, 2008... Introduction Any person doing business with municipalities has the right to expect open and transparent decision making on the part of municipal councils, their committees and local boards. This article provides an overview of the history...

The New Company Names Tribunal.
November 4, 2008... The snappily titled Company Names Adjudicator Rules 2008 established a new tribunal. It will deal with all complaints about company name registrations but especially those irritatingly opportunistic ones designed purely to cash in on the...

Private Trust Companies And Restricted Trust Licence Companies.
November 4, 2008... INTRODUCTION The Cayman Islands Monetary Authority ("CIMA") is responsible for processing private trust company registrations and granting restricted trusts licences and the procedure and criteria for the application process are set out in...

DHS To Publish Final Supplemental No-Match Rule.
November 4, 2008... The Department of Homeland Security (DHS) has released an advance copy of the Final Supplemental No-Match rule. It is not surprising that the substance of the rule, and the safe harbor procedure set forth therein, have not changed substantively...

Segregated Portfolio Companies.(amendments of Segregated Portfolio Companies provisions in Part XIV of the Companies Law)
November 4, 2008... INTRODUCTION A significant amendment was made to the Companies Law (the "Law") which extended the scope of the Segregated Portfolio Companies provisions in Part XIV of the Law. The Law as amended permits any exempted company to apply...

Mutual Funds Local Audit Sign-Off.
November 4, 2008... Introduction Since 1 July 2002, the Cayman Islands' Monetary Authority ("CIMA") has required local audit sign-off on all mutual funds and mutual fund administrators regulated by CIMA. Summary Of Policy Private equity funds This policy...

Important Changes This Weekend To Maternity And Adoptive Leave Rights.(Brief article)
November 4, 2008... The Issue Employees whose babies are due to be born on or after this Sunday, 5 October, will benefit from the changes to the Sex Discrimination Act 1975 which came into force in April this year. These changes also benefit those employees...

Professional Indemnity: Do You Tick All The Right Boxes?(Case overview)
November 4, 2008... Hoddinott & others v Persimmon Homes (Wessex) Limited [2007]: Beware of the Strict Application of CPR Part 11 - Don't Lose Your Right to Dispute the Court's Jurisdiction The recent case of Hoddinott is a warning for solicitor insureds that...

Who Pays The Ferryman? Transparency, Conflicts Of Interest And Disclosure Of Commissions - Does Any One Care?(United Kingdom. Financial Services Authority)
November 4, 2008... You should! Because although the FSA initially rejected the implementation of a regime of mandatory commission disclosure, that is not the end of the matter and the FSA is seeking comments on its current proposals, which could impact on the way...

Corporate Managers And Officers.
November 4, 2008... Now you see them – now you don't Company Law 101 – if you attended the class and were awake in it, would teach you that the classic concept of management of a company is that the directors of a company are responsible for its...

U.S. Justice Department Closes Delta/Northwest Investigation Without Challenge.
November 4, 2008... Today the Department of Justice Antitrust Division announced that it is closing its investigation of the proposed merger of Delta Air Lines and Northwest Airlines. Among the several airlines whose possible mergers have been discussed in the...

IRS Announces 2009 Cost-Of-Living Adjustments.
November 4, 2008... The Internal Revenue Service (IRS) has announced the cost-of-living adjustments applicable to dollar limitations for pension plans and other amounts for 2009. Many of the limits have changed. This special edition of Foley's Legal News Alert...

'Abnormal' Rent Review: Double Trouble For Tenants In Turmoil?(stamp duty land tax )
November 4, 2008... Stamp duty land tax (SDLT) came into force on 1 December 2003. On or shortly after 1 December 2008, many leases working on a five-year cycle will have their first rent review. If the tenant suffers an 'abnormal' increase of rent on review, it...

Health Care Providers May Be Subject To FTC Identity Theft "Red Flag" Program.
November 4, 2008... The Fair and Accurate Credit Transaction (FACT) Act amended the Fair Credit Reporting Act (FCRA) by adding new sections dealing with guidelines for identity theft. These so-called "Red Flag Rules" were jointly adopted by the Federal Trade...

Plaintiffs' Counsel Won't Give Up on Credit Card Suits.(Song-Beverly Credit Card Act)
November 4, 2008... Originally published November 3, 2008 Keywords: Fair and Accurate Credit Transaction Act, FACTA, credit card suits, Song-Beverley Credit Card Act, personal identification, copycat lawsuits Despite many courts refusing to certify...

Supreme Court Docket Report - October Term, 2008.(Mercedel Miles v. Apex Marine Corp.)(Trainer Wortham & Co. v. Betz)
November 4, 2008... Originally published November 3, 2008 Keywords: Miles, Apex Marine, maritime law, wrongful death, Atlantic Sounding Co, Townsend, Albertson's, Inc., Kanter, Federal Food, Drug, and Cosmetic Act, Trainer Wortham & Co., Betz, securities...

DIP Financing In A CCAA.(Companies Creditors' Arrangement Act)(debtor in possession)(In Stomp Pork Farm Ltd)(Case overview)
November 4, 2008... In Stomp Pork Farm Ltd., Re, ("Stomp Park Farm") the Saskatchewan Court of Appeal partially overturned orders granted from the Saskatchewan Court of Queen's Bench which approved debtor in possession financing ("DIP Financing"). In this...

Ontario Superior Court Allows Late Claims To Stand In A CCAA.(Companies' Creditors Arrangement Act)(Case overview)
November 4, 2008... In Re Canadian Red Cross Society, the Ontario Superior Court relied heavily on the Alberta Court of Appeal decision in Re Blue Range Resources in addressing questions of jurisdiction relating to the late or irregular filing of claims in a CCAA...

New Legislation Gets Tough On Cartels.
November 4, 2008... Last week, the federal Government unveiled the Trade Practices Amendment (Cartel Conduct and other Measures) Bill 2008, and with it signalled a renewed focus on tackling cartel behaviour in corporate Australia. What is cartel behaviour? At...

Autorite Des Marches Financiers Publishes Draft Regulation To The Derivatives Act (Quebec).(Legislation)
November 4, 2008... On October 3, 2008, the Autorite des marches financiers (the AMF) published for comment a draft of the Derivatives Regulation (the Regulation) under the Derivatives Act (Quebec) (the Act). The draft Regulation follows the June adoption by the...

Using PPPs For University Student Accommodation Projects.
November 4, 2008... In spite of current financial conditions universities are increasingly turning to public private partnerships(PPPs) as the preferred means of funding, building and operating student accommodation projects. Understanding the PPP contractual...

Emergency Economic Stabilization Act Of 2008: What It Says For Financial Institutions</p>.(Law overview)
November 4, 2008... On Friday October 3, 2008, President Bush signed into law the Emergency Economic Stabilization Act of 2008 (the "EESA" or the "Act"). The EESA was the result of a bipartisan deal reached after the U.S. House of Representatives on Monday,...

The Americans With Disabilities Act Amendments Require Employers To Promptly Review Policies And Procedures To Ensure Compliance With Employee-Favorable Revisions.(Law overview)
November 4, 2008... On September 25, 2008, President George W. Bush signed into law legislation that substantially broadens the scope of disabilities covered under the Americans with Disabilities Act ("ADA"). Known as the ADA Amendments Act of 2008 (the "Act"),...

National Consumer Protection Laws One Step Closer.(Law overview)
November 4, 2008... Key Point Australian governments have agreed to introduce a national, cohesive framework for consumer protection laws. As part of a jam-packed agenda, the Council of Australian Governments (COAG) meeting in Perth on 2 October took the...

Federal Reserve Announces Commercial Paper Liquidity Program.(Brief article)
November 4, 2008... The Federal Reserve announced on October 7, 2008, that it is creating the Commercial Paper Funding Facility ("CPFF") as a special purpose vehicle ("SPV") to buy three-month U.S. dollardenominated commercial paper at a spread over the...

Governor Corzine's Energy Master Plan.(Jon Corzine)
November 4, 2008... Last week New Jersey Governor Jon Corzine unveiled the state's first comprehensive Energy Master Plan (the Plan) since 1995. The Plan serves as a blueprint for a multitude of energy initiatives proposed for implementation over the next 12...

Never Mind The Bullocks, Here's The Sandersons: Costs Orders In A Product Liability Context.(Skerbic v McCormack)
November 4, 2008... Key Point Costs can be affected by adding the wrong defendants, or by a defendant's own behaviour. In the product liability arena multiple defendants, drawn from the manufacture, distribution and supply chain, are not uncommon. That...

CMS Proposes Further Changes To The Medicare Anti-Markup Rule.(Centers for Medicare and Medicaid Services proposes Medicare Physician Fee Schedule)
November 4, 2008... The Centers for Medicare and Medicaid Services (CMS) made extensive changes to the Medicare anti-markup rule in the final 2008 Medicare Physician Fee Schedule. Due to the controversial nature of several of the changes, CMS postponed the...

Throwing A TARP Over Executive Compensation Practices Of Financial Institutions Participating In The Troubled Asset Relief Program.(Troubled Asset Relief Program)(Legislation)
November 4, 2008... On Friday, October 3, 2008, the President signed into law the Emergency Economic Stabilization Act of 2008 ("EESA"). Commonly referred to as the "bailout" legislation, this law gives authority to the U.S. Department of the Treasury...

Pennsylvania enacts "Home Improvement Consumer Protection Act".
November 4, 2008... On October 17, 2008, Governor Edward G. Rendell signed into law the new Pennsylvania Home Improvement Consumer Protection Law (HICPL), effective as of July 1, 2009. According to a news release issued by the Attorney General of Pennsylvania, the...

NJ Appellate Court: Hospitals May Be Liable For Docs' Negligence Under "Apparent Authority".(Estate of Cordero v. Christ Hospital)(Case overview)
November 4, 2008... On Wednesday, Oct. 29, 2008, a New Jersey state appellate court held that a hospital may be vicariously liable for a staff doctor whom a patient reasonably believes is providing treatment on behalf of the hospital. In Estate of Cordero v....

Jurisdiction, 'Place Of Destination' And The Warsaw Convention.(Case overview)
November 4, 2008... In a recent case, the New South Wales Court of Appeal considered the jurisdiction of Australian courts for claims arising from international round trip flights that include Australia. Background In the case of Gulf Air Company GSC operating...

PPPs & The Infrastructure Boom.(Public Private Partnerships )
November 4, 2008... Public Private Partnerships (PPPs) are an example of how innovative procurement can provide material savings through lower funding costs. They are often lauded as the procurement method that enables the community to receive the benefit of...

North West Shelf Gas - Plenty Has Changed Since 1977.
November 4, 2008... The Australian Competition and Consumer Commission (ACCC) has reportedly commenced an investigation into the joint marketing activities of the north west shelf joint venture (NWSV), an arrangement that has been in place since the 1970s1. ...

Climate change disclosure heats up.
November 4, 2008... What public companies are, and are not, disclosing about their climate change risks and opportunities is becoming increasingly important in Canada and the United States. Securities regulators in Ontario and Alberta are scrutinizing...

In 'Re Bilski' Federal Circuit Decision Impacts Business Method Patents.
November 4, 2008... Today, the Federal Circuit issued its en banc opinion in In re Bilski, No. 2007-1130 (Fed. Cir. 2008), a case that clarifies the standards for the patentability of claims directed to "business methods." Of the 12 judges who participated in the...

Framework Agreement Set Aside Due To Breach Of Public Procurement Rules.
November 4, 2008... Last Thursday the High Court of Northern Ireland set aside a framework agreement for work worth up to [pounds]800m. The agreement was concluded in April 2008 between the Department of Finance and Personnel and five contractors. The...

Western Climate Initiative finalizes Cap-And-Trade program recommendations.
November 4, 2008... Article written by Barbara Hendrickson with assistance from Marty Venalainen, Student-at-Law. The Western Climate Initiative (the "WCI") released the Draft Design of the Regional Cap-and-Trade Program (the "Draft Design") in July 2008 and,...

In re Bilski: The Federal Circuit Defines New Rules For Patenting Business Methods.
November 4, 2008... Introduction Yesterday, the Federal Circuit issued its long-awaited decision on the patent-eligibility of business methods under Section 101 of the Patent Act. In In re Bilski, No. 2007-1130, slip op. (Fed. Cir. Oct. 30, 2008), the en banc...