Mondaq Business Briefing articles from October 2003

Mondaq Business Briefing archives from October 2003

DOL Provides Guidance on Prospectus Delivery Requirement under Section 404(c) of ERISA.
October 1, 2003... The Department of Labor (the "DOL") issued Advisory Opinion 2003-11A under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). This advisory opinion addresses the prospectus delivery requirement for participant-directed...

Clyde & Co's Middle East Regional Office Continues With Its Vigorous Recruitment Programme.
October 1, 2003... Clyde & Co, the international law firm, has continued to strengthen its Middle East and Gulf operations with the recent appointment of lawyer, Rob Deans to its Dubai office. This appointment is made as part of a vigorous recruitment and...

Availability of Interim Measures in Free Arbitration Proceedings.
October 1, 2003... Originally published October 2001 What should a party do when, having signed a free arbitration clause and perhaps even having commenced such proceedings, it finds it necessary to have recourse to the interim protection provisions of...

A Brief History of the Development of the Trust Concept.
October 2, 2003... Article written by David Arklie When you work for twenty years in an industry such as the offshore trust industry, it is inevitable that you start to take an interest in how it all began - where and when did the trust concept arise? Why did...

From Privateers to Expert Tax planners. Yacht Ownership the Guernsey Way.(a discussion of locations such as Guernsey as a financial center)
October 2, 2003... Written by David Arklie Wealth means luxury toys and the most luxurious of all has to be the yacht. Whether a sleek 45 knot, 25 metre power-cruiser, or a state of the art ocean going racer-sailer, the wealthy international businessman will...

Bundesrat Rejects Tax Bills.
October 6, 2003... On September 26, the Bundesrat rejected the bills for a tax amnesty and for the 2004 budget measures and severely criticised the trade tax reform and the 2004 federal budget. Three tax bills and the federal budget were four of the items on...

Digital Signature in European Law.
October 6, 2003... ABSTRACT 1. Basic concepts 2. Background and history of the European Directive on electronic signatures 2.1 European Background previous to the Directive 2.2 he first steps 2.3 The draft directive and its negotiation ...

Digital Signature in European Law - Continued.
October 6, 2003... 5.8 Liability of issuers of qualified certificates Article 6 of the Directive concerns the Liability of certificate-service-providers issuing qualified certificates: they are liable for part of the content of the certificate and for the...

Alice Fisher Rejoins Latham & Watkins After Serving As Deputy Assistant Attorney General Of The Criminal Division Of The Justice Department.
October 6, 2003... Washington, D.C., October 2, 2003. Latham & Watkins LLP is pleased to announce that Alice Fisher is rejoining Latham & Watkins as a partner in the firm's Litigation Department in Washington, D.C. after serving as Deputy Assistant Attorney...

Absolute Pollution Exclusion: The Summer Blockbusters.
October 6, 2003... Maniloff is Chair of the Insurance Coverage Group at Philadelphia-based Christie, Pabarue, Mortensen and Young, P.C., where he concentrates his practice in the representation of insurers in coverage disputes. Maniloff handles a wide variety of...

Making A Will.
October 7, 2003... Article by Peter Brown and Guy Greenhous Originally Published in June 2003 INHERITANCE TAX Will any inheritance tax be payable on your estate on your death? Anything passing to your spouse is free of inheritance tax. This does...

Living Wills.
October 7, 2003... Originally published in June 2003 Do you want a say in your medical treatment? Living Wills or, as they are more correctly called, 'Advance Directives' are instructions made whilst you have the necessary mental capacity to choose how...

Hambush by Consorzio del Prosciutto di Parma.
October 7, 2003... Originally Published in July 2003 The Corporate Department of RadcliffesLeBrasseur has achieved the unusual distinction of appearing before the European Court of Justice on behalf of its client, the Parma Ham Association, or Consorzio del...

New EU Measures On The Way</P>.
October 7, 2003... Originally published in June 2003 Employee input to management A new level of involvement by employees in the strategies and decision making of their employer is less than two years away for larger employers. March 2005 will see the first...

OIG to Scrutinize "Suspect Contractual Joint Ventures.(United States. Department of Health and Human Services. Office of Inspector General)
October 7, 2003... Article by Renee M. Howard, Gregory M. Luce, Kevin D. Lyles, Jesse A. Witten Earlier this year, in a Special Advisory Bulletin (the "Bulletin"), the HHS Office of Inspector General ("OIG") gave notice of its intent to investigate so-called...

Mayer, Brown, Rowe & Maw LLP advises Unilever plc on proposed sale of businesses.(Brief Article)
October 7, 2003... The Corporate Group at Mayer, Brown, Rowe & Maw LLP has advised Unilever plc on the proposed sale of its refined oils business and part of its boxed fats business to Pura (a wholly owned subsidiary of ADM International.) Corporate partner,...

Regulating Hedge Funds: A Stitch In Time?
October 7, 2003... By Sabyasachi Bardoloi, Manager, Pinnacle Research Group, Pinnacle Systems, Inc. This article takes a historical journey of Hedge Funds and spells out in a nutshell its fundamentals. It indicates the different strategies fund managers adopt...

How Are Corporation and Other Tax Returns of Businesses Checked for Accuracy?(Brief Article)
October 7, 2003... In retrospect by tax audit at four to five yearly intervals The annual tax returns submitted by corporate and other business taxpayers are usually accepted as filed, unless they are obviously incorrect or illogical, or unless the taxpayer...

Change Management - A Board Culture of Corporate Governance.
October 7, 2003... Executive Summary The board of directors is responsible for corporate governance, and therefore determines the integrity and prosperity of the organisation. In recent times, although structural changes have been made to the way many...

When The Dust Clears: New Rules Regulating Bank Failures.
October 7, 2003... Article by Adolfo Diaz Valdez and Javier Podrez Yaniz. This edition of Argentine Business Law Watch1 discusses the enactment of Law No. 25,780. For those involved in Argentine banking activity, this statute provides an encouraging sign that...

Major Changes for Charities.
October 8, 2003... Charities and Not-for-Profits: A Modern Legal Framework The Government's response to "Private Action, Public Benefit" Article by Oenone Wright and Guy Greenhous Originally published in July 2003 Last year we issued a Briefing with...

Charities - Round-up of Recent Developments.
October 8, 2003... Originally published in April 2003 Article by Guy Greenhous and Oenone Wright Strategy Unit Report The consultation period ended on 31st December 2002 and the Government's response is due "in the Spring". There are likely to...

Health and Safety.
October 8, 2003... Originally published in June 2003 Health and safety legislation affects everyone at work - employers, employees, and the self-employed. Furthermore, directors and managers can be held personally responsible for failures to control health...

Flexible Working - How to Deal with Employees' Requests.
October 8, 2003... Originally published in April 2003 On 6 April 2003, the Flexible Working (Procedural Requirements) Regulations 2002 ('the Regulations') came into force. The Regulations give an employee who has responsibility to look after a child the...

Pensions Crisis - What Employers Can do About Final Salary Schemes.
October 8, 2003... Originally published in April 2003 Hardly a week now passes without some reference in the press to the sorry state of British pension provision. Stakeholder pensions have hardly been a great success with 90% of stakeholder schemes offered...

SEC Amends Registered Investment Company Advertising Rules.
October 8, 2003... The SEC issued a release adopting amendments to rules under the Securities Act of 1933 (the "1933 Act"), the Securities Exchange Act of 1934 and the Investment Company Act of 1940 (the "1940 Act") that govern investment company advertisements....

Employment Law Expert Michele Ballard Miller Now Available as a Professional Resource and Speaker.
October 8, 2003... A business owner and employment law attorney for more than 20 years, Michele Ballard Miller understands wage and hour issues facing today's business owners, employers and HR professionals. LARKSPUR, Calif. - March 20, 2003 - Michele Ballard...

Newly remodeled employment law Web site brings wealth of value-added resources to HR professionals and business owners.
October 8, 2003... MillerLawGroup.com offers tremendous value to repeat visitors, including ongoing updates on California Employment Law, a comprehensive database of articles, and a free newsletter. LARKSPUR, Calif. - March 10, 2003 - Miller Law Group, a...

Disability Access Issues in the Retail Industry.
October 9, 2003... Both California and federal law protect the rights of disabled members of the public to access and use privately owned places of public accommodation. In California, Section 54, et seq., of the Civil Code provides that people with disabilities...

Judicial and Legislative Help for Colorado Companies.
October 9, 2003... Article by: Mr. E. Lee Reichert & Mr. Robert G. Hueston Over the past few months, companies based in Colorado have received welcome news from both the Colorado legislature and courts with regard to employment issues. This article...

New Filing Strategies Mandated by End of CPAs.(Continued Prosecution Applications)
October 9, 2003... Orignally published on July 15, 2003 Effective July 14, 2003, continued prosecution applications ("CPAs") are not available for utility and plant applications.1 Although the USPTO acknowledged that a request for continued examination...

Failure to Disclose Rejections in Co-Pending Applications: A New Form of Inequitable Conduct?(patent law)
October 9, 2003... Originally published on July 15, 2003 Owners of co-pending patent applications having claims that are substantially similar in content and scope should consider informing the examiner of each application of the existence of the other...

The European Design Patent has Arrived!
October 9, 2003... Originally published on July 15, 2003 The implementation of the European Directive offers a relatively simple and cost effective mechanism for designers worldwide to obtain protection for their designs in the European Union. Thus, instead...

Hedge Funds In The Cayman Islands.
October 9, 2003... Spencer J. Privett is based at Maples & Calder's Asia Practice, in Hong Kong The Cayman Islands make up the world's fifth largest financial centre. There are approximately 580 lincensed banks and trust companies in the Cayman Islands with...

The Use Of Segregated Portfolio Companies As An Alternative For Structured Finance Issuers.
October 9, 2003... In asset-backed multi-issue structured finance vehicles, for example vehicles issuing under repackaging programmes, one of the core structuring features is to ensure that each series of notes issued to investors is properly "ring-fenced"....

Regulation Of Investment Business.(Cayman Islands)
October 9, 2003... In 2002 the Cayman Islands Government proposed legislation to regulate investment business carried out in or from the Cayman Islands. The Securities Investment Business Law (2003 Revision) (the "Law") became fully effective on 29th July 2003....

JSM appoints new intellectual property partner.(Johnson, Stokes and Master)(Brief Article)
October 9, 2003... Johnson Stokes & Master is pleased to announce the appointment of Rosita Li to be a partner effective from 1 October 2003. Rosita has over 10 years experience dealing with both contentious and non-contentious intellectual property and...

Mayer, Brown, Rowe & Maw LLP advises The Source Claim Support plc in acquisition.(of Claim Control Consultants Limited)(Brief Article)
October 9, 2003... Mayer, Brown, Rowe & Maw LLP has advised The Source Claim Support plc, the UK's leading independent IT claim support company, on its acquisition of Claim Control Consultants Limited, one of the UK's major providers of an insurance repair and...

Copyright (Amendment) Ordinance 2003 - Liberalization on Parallel Importation of Computer Program.(Hong Kong)
October 9, 2003... Under the present provisions of the Copyright Ordinance, parallel importation of a copyright work into Hong Kong can attract civil liability. It is also a criminal offence if the importation or subsequent sale of the parallel imported products...

Non-Immigrant Visas.(U.S., basic terms for visas)
October 10, 2003... Background. Some explanation of basic terms is essential. Visas are granted by Consular officers of the United States, serving at more than 200 Consulates throughout the world. While in many circumstances the Bureau of Citizenship and...

Mediation Rules.(Hungary, legislation)
October 10, 2003... As of March 2003 Act LV of 2002 on Mediation (the "Act"), came into force. This area has not yet been regulated any time before in Hungary. The scope of the Act is to provide a dispute resolution procedure for parties to a conflict with the...

New Insurance Regulations.
October 10, 2003... Hungarian Parliament has passed Act LX of 2003 on Insurers and Insurance Activities (the "2003 Insurance Act"). The 2003 Insurance Act will come into force upon Hungary's accession to the European Union (which is expected to occur on 1 May...

Transfer Pricing Rules.(Hungary)
October 10, 2003... The importance of related party transactions has been reinforced by a recent guideline issued by the Hungarian Tax Authority ("APEH"). In this guideline, APEH has expressed that in the future, it would increasingly focus on related parties and...

Introduction of a Leniency Scheme into Hungarian Competition Law.
October 10, 2003... The Hungarian Competition Office has recently received significant criticism concerning its fining practice in its competition investigation against mobile telephone operators. As a response, the Competition Office has now published (a) a...

The Gas Act.(Hungary)
October 10, 2003... Hungary undertook an obligation to the European Union to comply with Directive 98/30/EC by opening up its internal natural gas market as of January 1st, 2004. Under the current regime, both providers and traders belong to the public utility...

New Waste Management Regulations.(Hungary)
October 10, 2003... On 19 September 2003 Decree 103/2003 (IX.11) of the Minister of Agriculture ("Decree") entered into force. The Decree deals with the management of packaging waste contaminated with insecticides. Although insecticides constitute dangerous...

Website Access - Disabling the Barriers.
October 13, 2003... Disabled people have been frozen out by the internet revolution. According to a recent survey by the Office of the eEnvoy more than three out of every four public sector web sites failed to meet access standards for users with disabilities. ...

Importation of Information Derived From Patented Process Does Not Constitute Infringement Under 35 U.S.C. s. 271(g).(Bayer AG v. Housey Pharmaceuticals, Inc.)
October 13, 2003... Article by Astrid Spain and David Gay, Ph.D. In a case of first impression, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's order dismissing a counterclaim alleging infringement under 35 U.S.C. s. 271(g) of four...

Claim Terms Are Not Limited by Industry Standard Meaning.(E-Pass Technologies, Inc. v. 3Com Corp. )
October 13, 2003... The Federal Circuit recently overturned a grant of summary judgment in favor of 3Com, holding that the district court erroneously restricted a claim limitation to the industry standard meaning of a term rather than giving the term its plain,...

Personal Jurisdiction over Out of State Corporation Based in Part on Hiring of Local Attorney.(Electronics for Imaging, Inc. v. Coyle)
October 13, 2003... The U.S. Court of Appeals for the Federal Circuit reversed a district court dismissal of an action filed in California, holding that the district court incorrectly found that it did not have personal jurisdiction over a Nevada patent owner in a...

It Happens Once in a Blue Moon; Beer Not Related to Restaurant Services.(Case involving Coors Brewing Co)
October 13, 2003... The U.S. Court of Appeals for the Federal Circuit overturned a U.S. Patent and Trademark Office (USPTO) refusal to register Coors' trademark, "Blue Moon," and associated design to identify a brand of beer concluding that the USPTO erred in...

Use of Manufacturer's Trademark on Refurbished Golf Ball Is Par for the Course.(Nitro Leisure Products, L.L.C. v. Acushnet Company)(Brief Article)
October 13, 2003... The U.S. Court of Appeals for the Federal Circuit affirmed the denial of a preliminary injunction, and held that a golf ball refurbisher's use of the original manufacturer's mark on the refurbished golf balls is lawful. Nitro Leisure Products,...

Third Circuit Extends Misuse Doctrine to Copyright.(Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc. )
October 13, 2003... The U.S. Court of Appeals for the Third Circuit, in upholding a preliminary injunction in a suit brought to prevent display of two-minute movie clip previews, declined to find that the copyright holder had misused its copyrights by licensing...

Ninth Circuit Considers Damages Awards in Copyright Cases.
October 13, 2003... The U.S. Court of Appeals for the Ninth Circuit has issued two rulings addressing the scope of damages and attorney's fees awardable in copyright infringement cases. L.A. News Service v. Reuters Television International Limited, Case No....

DVD Hacking Is Not Protected Speech.
October 13, 2003... The California Supreme Court has held that an injunction against disseminating software for illicit copying of encrypted DVD movies does not violate First Amendment guaranties of freedom of speech. DVD Copy Control Assoc. v. Bunner, Case No....

TRIPS: How Far Did the WTO Go?(WTO interpretation of one of TRIPS, Article 31, which relates to compulsory patent licensing)
October 13, 2003... We are pleased to present a timely and informative special article by Thomas Haag Ph.D., a recent and valuable addition to our Washington, D.C. office and to MWE's robust biotech patent practice. In this article, Dr. Haag discusses the August...

User Intent Required to Infringe Claim Reciting Administering a Nutraceutical to a "Human is in Need Thereof".
October 13, 2003... The U.S. Court of Appeals for the Federal Circuit upheld the construction of a claim to a method of treating a specific disease by administrating an over-the-counter formulation to a "human in need of thereof" to require that those consuming...

The Ability of a State-Owned Enterprise to Declare Force Majeure Based Upon Actions of the State.
October 13, 2003... A party's obligations under a contract may be discharged where "performance is made impracticable without their fault by the occurrence of an event the non-occurrence of which was a basic assumption" at the time the parties entered into the...

IRS Issues New 401(k) Guidance in the Form of Comprehensive Proposed Regulations.
October 13, 2003... Article by Marvin S. Swift, Jr., Esq. and Denise L. Atwood, Esq. On July 17, 2003, the Internal Revenue Service (the "IRS") issued proposed regulations under Sections 401(k) and (m).1 The regulations incorporate the many significant changes...

Some Recent Developments in Toxicology and Regulation of Environmental Chemicals.
October 14, 2003... By Christopher P. Davis, Lorenz R. Rhomberg and David Merrill The toxicology and regulation of chemicals in the environment are constantly evolving as newly developed scientific information settles some questions and raises others. New...

Symbiosis or Synergy: How Entrepreneurs and Universities Can Make Their Relationship Work.
October 14, 2003... By Stephen G. Charkoudian and M. Sharon Webb If you are part of a university community - whether professor or student - you and your university are already bonded tightly together, even if you don't realize it. The two of you need each...

The CMO's Report - Action Points.(Chief Medical Officer's Report on clinical negligence litigation reform)
October 14, 2003... The Chief Medical Officer's Report on reforming clinical negligence litigation is a far reaching and thoughtful paper. It contains a great deal of useful information, but it is not a White Paper and various aspects of it are unlikely to be...

Mediation - A Fitting Vehicle for Clinical Negligence?
October 14, 2003... Referrals to mediation by government bodies shot up thirty-fold since the Lord Chancellor issued his pledge on 23 March 2001 committing them to settling disputes by ADR techniques whenever the other side agreed. The NHSLA has paralleled this...

Limitation Of Liability Under The Safety Act For Suppliers Of Anti-Terrorism Technologies.
October 14, 2003... Article by Franceska O. Schroeder and William H. Espinosa As part of the Homeland Security Act of 2002, Congress passed the Support Anti-Terrorism by Fostering Effective Technologies Act (the "SAFETY Act"), 6 U.S.C. s.s. 441-444, to...

Federal Circuit Applies Rebuttable Presumption of Surrender Established by Supreme Court in Festo.
October 14, 2003... The opinion of the United States Court of Appeals for the Federal Circuit in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 95- 1066 (Fed. Cir. Sept. 26, 2003), is the most recent in a case that has spent the better part of a decade...

Land Registration Act 2002:.(United Kingdom)
October 14, 2003... The Land Registry is losing all its inhibitions and throwing caution to the wind, somebody recently quipped at a seminar on the Land Registration Act 2002, due to come into force on 13 October 2003. The witticism stems from the fact that...

Reconstruction of Iraq: Coalition Provisional Authority Issues Order Number 39 Allowing Foreign Investments in Iraq.
October 14, 2003... On September 19, 2003 Mr. L. Paul Bremer, the Administrator of the Coalition Provisional Authority ("CPA") signed Order Number 39 ("Order 39") into law. Order 39 not only abolishes the existing Iraqi foreign investment law and replaces it with...

Are We Heading Towards Compatibility Between the Posts of Managing Director and Senior Executive?
October 14, 2003... SUMMARY I. Implications of the significant change of policy caused by the decision of the Fourth Chamber of the Supreme Court of February 26, 2003 and its inclusion in the new line of doctrine initiated by the decision of the First Chamber...

Swiss Supreme Court Remands Decision of First Instance Declaring LEGO Shape Marks Void.
October 14, 2003... Dr. Markus R. Frick, LL.M., Esq. Originally published in the Swiss Federal Reporter as BGE 129 III 514. As reported earlier, the Commercial Court of Zurich had admitted the claim against the Danish toy manufacturer Lego lodged by its...

Cayman Islands Firm Walkers Acts on Largest Ever Japanese Leveraged Acquisition.(advised Ripplewood Holdings L.L.C. on all Cayman law aspects of its acquisition of the fixed line business of Japan Telecom from Vodafone Plc)
October 14, 2003... Leading Cayman Islands based law firm Walkers advised Ripplewood Holdings L.L.C. on all Cayman law aspects of its US$ 2.21 billion ([yen] 261.3 billion) leveraged acquisition of the fixed line business of Japan Telecom from Vodafone Plc. The...

UK Inland Revenue Faces Massive Damages And Restitution Claims.
October 14, 2003... Article by Guy Madewell and Stuart Sinclair Three UK Group Litigation Orders (GLO's), equivalent in many respects to a US class action, were issued in recent weeks by the English High Court in respect of claims against the UK tax authority,...

MWE Welcomes Italian Partners.(McDermott, Will & Emery combined practices with Italian law firm Carnelutti Studio Legale Associato)
October 14, 2003... As part of McDermott, Will & Emery's commitment to providing outstanding global service to our clients, we have partnered with a top-tier presence in Italy. Effective September 1, 2003, MWE combined practices with the prestigious Italian law...

Caymen Islands - Limited Partnerships.
October 15, 2003... Ordinary Limited Partnerships The Limited Partnerships Law of the Cayman Islands allows the creation of a limited partnership which is very similar to limited partnerships created in the United States of America and the United Kingdom. ...

The Legal System.(of the Cayman Islands)(Brief Article)
October 15, 2003... The Cayman Islands are a common law jurisdiction and have adopted a legal system similar to that of the United Kingdom with the addition of a number of local statutes to reflect the unique needs of the business environment of the Cayman...

California Enacts Sweeping Ban on Unsolicited.(commercial e-mail advertising)
October 15, 2003... By Ronald Plesser, James Halpert, Alisa Bergman and Stuart Ingis I. Introduction and Summary On September 23, 2003, Governor Gray Davis signed S.B. 186, a broad law prohibiting unsolicited commercial e-mail advertising and related...

OTS Finalizes 23A/23B Rules.(amendments to its rules governing thrift affiliate transactions)
October 15, 2003... The OTS finalized amendments to its rules governing thrift affiliate transactions in light of the FRB's finalization of Regulation W (see the November 5, 2002 Alert). The OTS rules largely incorporate Regulation W, and also generally are...

The Impact Of The Patriot Act On Employers.
October 15, 2003... Introduction As a result of September 11, 2001, Congress enacted sweeping legislation to expand the government's authority to conduct clandestine surveillance of suspected terrorist activity. This legislation is titled the "Uniting and...

Labor Law Update.
October 15, 2003... CLASS ACTION UPDATE: LARGE FAIR LABOR STANDARDS ACT COLLECTIVE ACTION MAY PROCEEDIn Perez v. RadioShack Corp., WL: 21372467, 8 Wage and Hour cases 2d BNA 1409 (N.D. Ill. 2003), United States District Judge Rebecca R. Pallmeyer of the Northern...

Pensions Pose Major Challenge To Hard Pressed Manufacturers.
October 15, 2003... Originally published in the Birmingham Post (Manufacturing Supplement) in March 2003 As if life wasn't tough enough the final salary pension scheme has reared its head as yet another worrying burden on the shoulders of manufacturing and...

Copyright Protection Reaches New Heights In The Dominican Republic.
October 15, 2003... Luis R. Pellerano is a Partner with the Dominican Republic law firm of Pellerano & Herrera. He regularly represents foreign investors in transactions in the Dominican Republic and throughout the Caribbean and Latin America. Article 8 of...

Landmark Supreme Court Judgment on Indo-Mauritius Treaty Out.(tax treaties)
October 15, 2003... Summary of events On 8th October, 2003 the Supreme Court of India released a landmark judgment (dated 7th October 2003) which will have international repercussions on the financial markets. Legal experts in the field the world over were...

Developments In Germany.(hedge fund rules)
October 15, 2003... CHRISTOPHER HILDITCH Is a partner in our London office who specializes in hedge funds, investment funds, joint ventures and general corporate matters. ANITA BHATIA is an associate in our London Office. Germany has, to date, been very much a...

2003 Sound Practices For Hedge Fund Managers.
October 15, 2003... DAVID NISSENBAUM, a partner in the corporate department, specializes in investment management, private investment funds and banking regulation. LANCE FRIEDLER is an associate in the corporate department. The Managed Funds Association...

NASD Issues Interpretive Letter Prohibiting The Use Of Related Performance Information In Hedge Fund Sales Materials.(National Association of Securities Dealers)
October 15, 2003... By Stephanie Breslow, David Efron, Steve Fredman, Kenneth Gerstein, Kelli Moll, David Nissenbaum, Paul Roth and Marc Weingarten On October 2, the National Association of Securities Dealers, Inc. (the "NASD") issued an interpretive letter to...