Mondaq Business Briefing articles from October 2006

Mondaq Business Briefing archives from October 2006

Deadline For DRA Compliance Is January 1, 2007: Are You Ready?(Federal Deficit Reduction Act of 2005 compliance)
October 1, 2006... Section 6032 of the Federal Deficit Reduction Act of 2005 ("DRA") requires entities that make or receive annual Medicaid payments of $5 million or more to provide in written policies applicable to employees, contractors and agents detailed...

Signing Loan Documents Under Power Of Attorney.(home equity loans and powers of the lawyers)
October 1, 2006... Many lenders have no restrictions on whether loan documents can be signed by individuals under powers of attorney. We recently reviewed whether guidelines would be wise. This article deals with powers of attorney granted by individuals,...

Using Independent Contractors: Legal Issues To Keep In Mind.(Column)
October 2, 2006... You have a project to fill that requires a person with a "difficult-to-find" skill-set. You finally hit on a person with just the right credentials, but the person only works as an independent contractor. All of your other workers are W-2...

Financial Services Alert Quarterly Review.(Calendar)
October 2, 2006... May 29, 2001 Overview SEC Staff Extends Standish Ayer Analysis to Section 3(c)(7) Funds OCC Finds that National Bank Act Preempts Provision of Michigan Motor Vehicle Sales Act FRB Issues Guidance on Expanded Municipal Bond...

Financial Services Alert.(Financial Services Modernization Act of 1999)(consumer protection rules)
October 2, 2006... Developments Of Note Federal Banking Agencies Respond To Trade Group Questions On GLBA's Insurance Consumer Protection Rules The four federal banking agencies jointly published responses to a list of questions posed by the American...

Protecting Your Legitimate Business Interests.(noncompete agreements)
October 2, 2006... I. Covenants Not To Compete "Restrictive provisions of this character have been dealt with by courts in almost unnumbered cases. A great array of them are cited in a learned and elaborate opinion by Judge Hoover, of the Court of Common...

Recovery Of Attorney's Fees In Civil Cases In Virginia: "The American Rule" And Its Exceptions.
October 2, 2006... The "American Rule" Defined. Federal Case Law: Generally, "the American Rule" governs the awarding of attorney's fees in federal courts. The "American Rule" provides that each party should bear the cost of its litigation and, ordinarily,...

When Is Raiding A Competitor's Employees Illegal?(hiring employees of a rival company)
October 2, 2006... Gaining a competitive advantage by hiring key employees away from a competitor used to be an every-day occurrence. The practice has rapidly fallen into disfavor as almost every jurisdiction in the United States, including Virginia, has adopted...

Pre-Judgment Asset Freezes: Mareva Relief Remains Elusive In U.S. Despite Trend Of Global Acceptance.(Nippon Yusen Kaisha v. Karageorgis.2)
October 2, 2006... Introduction As any experienced litigator knows, obtaining a large judgment against a defendant is only one step along the path toward actually recovering damages in a lawsuit. If that defendant has had the foresight to engage in timely,...

Peruvian Legal Frame Regarding Electronic Contracts.
October 2, 2006... In recent years, electronic commerce ("e-commerce") conducted via the Internet has become the fastest and most cost efficient means of communication. In fact, the influence of technology in society is now reflected across virtually all...

The Securities Laws Grow Up - The SEC Proposes Improvements to the Securities Offering Process (Part Two).
October 2, 2006... Continued from previous page These proposals may cause seasoned issuers to truncate the traditional dialogue with members of the SEC staff to resolve any disagreements about SEC comments and simply amend the disclosure to satisfy the...

The Financial Accounting Standards Board Proposes Bifurcation of Insurance Contracts.
October 2, 2006... The Financial Standards Accounting Board (FASB) recently invited public comments on a proposal to bifurcate many insurance and reinsurance contracts for financial reporting purposes.1 Under the FASB proposal, certain insurance and reinsurance...

Regulators Consider New Rating Approach To Reinsurance Collateral Requirements.(National Association of Insurance Commissioners)
October 2, 2006... After years of discussion, the National Association of Insurance Commissioners (NAIC) has moved one step closer to a substantial revision of collateral requirements for reinsurers. In a move that caught many by surprise, regulators at the NAIC...

NAIC Amends Reinsurance Intermediary Model Act To Require Compliance With Discovery Orders.(National Association of Insurance Commissioners)
October 2, 2006... The National Association of Insurance Commissioners (NAIC) in June adopted an amendment to the Reinsurance Intermediary Model Act (the Model Act) that would require intermediaries to participate in prehearing discovery if ordered to do so.1 If...

Florida Creates Joint Underwriting Association For Commercial Property Insurance.
October 2, 2006... In recent months, many Florida businesses have been unable to obtain property insurance coverage or have been able to obtain coverage only with lower limits, increased deductibles or significantly higher premiums.1 On August 15, 2006, the...

Proposed Federal Regulation: A Bird's Eye View Of The Battle.(State Modernization and Regulatory Transparency Act)(National Insurance Act of 2006)
October 2, 2006... The current state-based insurance regulatory system is being challenged by the National Insurance Act of 2006 (NIA), which, if passed, would create a uniform federal system of regulation for insurers and insurance producers. The NIA attempts to...

Now You See It, Now You Don't-Infringement By An Intermediate.(Abbott Laboratories Inc. vs. Ratiopharm GmbH)
October 2, 2006... Article by Lee Morrisroe, [c] 2006, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin in Intellectual Property - Special Patent Issue, September 2006. The recent case of Abbott Laboratories v. Minister of Health and...

Court Upholds Arbitration Clause In Patent License Dispute.
October 2, 2006... Article by Sheldon Burshtein, [c] 2006, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin in Intellectual Property - Special Patent Issue, September 2006 The Ontario Superior Court of Justice in Governing Council of...

Putting A Collar On Clerical Errors.(Pason Systems Inc. vs. The Commissioner of Patents and Varco L.P.)
October 2, 2006... Article by Christopher Delamere , [c] 2006, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin in Intellectual Property - Special Patent Issue, September 2006 Pason Systems Corp. v. The Commissioner of Patents and...

Aircraft Seizure And Detention Rights Of NAV Canada And Airport Authorities Have Priority Over The Property Interest Of Aircraft Lessors: The Supreme Court Of Canada Has Ruled.(Civil Air Navigation Services Commercialization Act)
October 2, 2006... A recent decision by the Supreme Court of Canada has significant implications for the aircraft leasing industry in Canada and has the effect of allocating costs, for air navigation charges, landing fees and the like, arising from the insolvency...

Faster, Cheaper, Better Wireless?(Worldwide Interoperability for Microwave Access)(Reprint)
October 2, 2006... This article is reprinted with permission from Legal Times. WiMax, a new radio technology for fast wireless communications, could lead to more changes in the communications industry than any development since the telephone upstaged the...

New York State Legislature Passes Sweeping Health Care Fraud Reform Legislation.
October 2, 2006... The New York State Legislature recently enacted tough new health care fraud provisions intended to strengthen the state's Medicaid enforcement efforts. Senate Bill No. S8450, which the governor is expected to sign, mandates a reorganization of...

Employee Benefits - September 2006.(Pension Protection Act of 2006)
October 2, 2006... This month's Employee Benefits Newsletter focuses on the major provisions of the Pension Protection Act of 2006 which was enacted August 17, 2006 (the "PPA"). Most of the publicity and many of the provisions of the PPA involve defined benefit...

Canada Post Monopoly On International Mail Upheld.(Canada Post Corporation Act )
October 2, 2006... The Ontario Court of Appeal (the "Court of Appeal") has affirmed a lower court decision holding that Canada Post's monopoly ("exclusive privilege") extends to collecting and/or transmitting letters within Canada for the purposes of delivery to...

Customer Rebates Paid To Resolve Competition Bureau Concerns About Regular Price.(Media Syndication Global)
October 2, 2006... On June 14, 2006, the Competition Bureau announced that it had entered into a settlement agreement to resolve its concerns that the marketing practices of Media Syndication Global ("MSG") contravened the Competition Act's ordinary selling price...

Trademark Law Does Not Provide Exclusion Rights Equivalent to Patent Rights.
October 2, 2006... The U.S. Court of Appeals for the Sixth Circuit affirmed the district court's finding that an asserted trademarked product configurations, which were the subject of design and utility patents, were functional and therefore could not be...

Fire Sale Avoids Trademark Abandonment.
October 2, 2006... Reversing a district court finding of abandonment, the U. S. Court of Appeals for the Ninth Circuit has found that use of a trademark by a troubled and failing company in the course of depleting its inventory is sufficiently bona fide to avoid...

Alternative, Independently Sufficient Findings Have Preclusive Effect.(Third Circuit applied collateral estoppel)
October 2, 2006... Adopting the view advanced by the First Restatement of Judgments and sustained by other courts of appeals, the U.S. Court of Appeals for the Third Circuit applied collateral estoppel to bar a party from relitigating an alternate, though...

The Competition Bureau Explains Its Thinking.
October 2, 2006... Originally published in the 26 September 2006 issue of Competition Law Insight. Since she assumed the role of competition commissioner, Sheridan Scott has promoted greater transparency in the Canadian Competition Bureau's merger review...

Cultural Design Collision-China's Ministry Of Construction Investigates Foreign Companies Involved In China's Construction Industry.(Qualification Status of Foreign-Invested Enterprises in China)
October 2, 2006... The world is becoming a smaller place, and when global meets local, conflicts and collisions are often the result. We can see just such a global vs. local collision in a notice issued by the Chinese Ministry of Construction ("MOC") on September...

Does Argentina Have A Jingoist Central Bank?(Rules for Approval of Licensed Financial Institutions)
October 2, 2006... Originally published in Argentine Business Law Watch1 This month's issue of Argentine Business Law Watch looks at recent Central Bank rules affecting foreign financial institutions. Regulation (and Taxation) Through Representation? examines...

9th Circuit Resurrects AB 1889.(opposition to employee organization and bargaining efforts)
October 2, 2006... On Thursday, September 21, 2006, a full panel of the Ninth Circuit overturned two previous federal court decisions and determined that the National Labor Relations Act does not preempt California Assembly Bill 1889. Chamber of Commerce of the...

Council Has Right To Sell PFI Assets Before Resolving Ownership Dispute With Bank.(public finance initiative )
October 2, 2006... In a case that will be of interest to all PFI lenders, a court has allowed a local authority to sell certain assets despite a claim by the Bank that they were secured by charges. Whilst this decision might appear to give PFI lenders cause for...

NASD NTM 06-38: Life Settlements.(insurance policies are securities transactions)
October 2, 2006... Originally published September 19, 2006 NASD issued a Notice to Members 1 ("NTM 06-38") reminding firms and associated persons that life settlements involving variable insurance policies are securities transactions subject to NASD rules....

DOL Proposes Default Investment Regulations Under ERISA.(Department of Labor, Employee Retirement Income Security Act of 1974)
October 2, 2006... Originally published September 27, 2006 By George H. Bostick, Daniel M. Buchner, Adam B. Cohen, Ian A. Herbert, Alice Murtos, Robert J. Neis, W. Mark Smith, William J. Walderman On September 27, 2006, the Department of Labor ("DOL")...

CIMA Announces Regulatory Changes to Hong Kong Industry Leaders At Ogier Roundtable.(Cayman Islands Monetary Authority )(Discussion)
October 2, 2006... Global offshore legal and fiduciary services firm Ogier presented Gary Linford, Head of Investments and Securities with the Cayman Islands Monetary Authority (CIMA) to the Hong Kong investment funds industry at a sold out roundtable event, on...

Infringement Of Architectural Works.
October 3, 2006... Analyzing for the first time a copyright suit under the Architectural Works Copyright Protection Act (AWCPA), the U.S. Court of Appeals for the First Circuit reversed the district court's summary judgment against the plaintiff, finding tryable...

Residency Obligations.
October 3, 2006... Originally published in Canadian Newcomer Magazine #10", Summer 2006 One of the first questions newcomers to Canada ask is "How much time do I have to stay in Canada to apply for citizenship?' Some are confused because they have heard...

Local Authorities, Politics And Bias.
October 3, 2006... Should be pretty simple really, spotting bias. I mean if there's a council meeting on a controversial issue and a councillor goes in with a party group mandate to vote in a particular way then that's clearly bias isn't it? Well, no. . . ...

Dealing With Employees' Tip Income In Large Food and Beverage Establishments: New IRS Agreement ("ATIP") Available January 1, 2007.(tips for employees)
October 3, 2006... Introduction Employers that have a lot of tipped employees, such as restaurants and casinos, often face a host of employment law challenges, including payroll challenges. Under the Internal Revenue Code (Code), tips are income subject to...

A New Standard For Forfeiture Of Trustee Fees?
October 3, 2006... In a recent decision, the United States District Court for the District of Minnesota ordered a trustee to disgorge all of the fees he received because of fraudulent conduct on his part. See In re Kiernat.1The court's opinion, however, includes...

New SAFETY Act Application Kit - Streamlined And Less Burdensome.(Support Antiterrorism by Fostering Effective Technologies Act)(Department of Homeland Security launches application kit for developers of anti-terrorism technology)
October 3, 2006... The Support Antiterrorism by Fostering Effective Technologies (SAFETY) Act, a component of the broader Homeland Security Act of 2002, is critical legislation for many companies developing, or planning to develop, anti-terrorism technology. A...

Solvent Run-Off Scheme A First For Australia.(NRG launches reinsurance schemes in Australia)
October 3, 2006... Key Point Although widely used in the UK, solvent schemes for reinsurance run-off are only now being adopted in Australia. NRG's solvent run-off scheme, approved by the Federal Court last month, is an Australian first. Under the...

Can You Charge Negative Interest On Super Fund Benefits?
October 3, 2006... By Zein El Hassan and Jennifer Teh Key Point A recent decision warns that a trustee of a superannuation trust is not entitled to reduce the retirement benefits it is due to pay by deducting interest. The decision of Justice Young...

War By Any Other Means: Liquidation As A Business Tactic.(liquidation cases)
October 3, 2006... Key Point Courts will frown on a winding up application if they think that it is being made as for an ulterior purpose, such as trying to stifle legitimate litigation. Threatening to have a bad debtor wound up is part of the...

Trustees Encouraged To Utilise Court Powers.(Bridgecorp Finance Limited )
October 3, 2006... By Leah Chick and Olga Matouk Key Point Trustees for debenture holders are encouraged to seek court assistance. The recent case of ASIC v Bridgecorp Finance Limited [2006] NSWSC 836 was the first time that an application has been...

Side Letters.
October 3, 2006... The side letter is an animal increasingly seen in the hedge fund jungle. It is a species that can be unpredictable, even dangerous. The attitude that any arrangement outside the principal contractual documents can simply be put into a side...

Access To Documents On The Court File.(rules for court documentation)
October 3, 2006... New changes to the CPR allow greater access to documents held on the court file. The current position Non-parties to an action are only entitled to obtain from the court copies of served claim forms and any judgments or orders made in...

Insurance "Contract Certainty" Revisited.(Financial Services Authority)
October 3, 2006... The events of '9/11' shattered conventional thinking about insurance in a number of ways. A tricky debate has centred on the question of what cover had been provided for the Twin Towers at the time of the attack. By September 11th no final...

Preparing For The Onset Of Age Discrimination.
October 3, 2006... On 1 October 2006, the Employment Equality (Age) Regulations 2006 ("the Regulations") came into force to provide protection for employees, applicants, contract workers and various other parties against discrimination, harassment and...

SEC Amends Form 8-K Requirements For Executive Compensatory Arrangements.(Securities and Exchange Commission)
October 3, 2006... In connection with the SEC's massive overhaul of executive compensation disclosure, the SEC also amended the Form 8-K filing requirements for current reporting of compensatory arrangements with management and directors. The new rules are...

Congress Passes Financial Services Regulatory Relief Act of 2006.
October 3, 2006... Contents: Developments of Note Congress Passes Financial Services Regulatory Relief Act of 2006 Congress Passes Bill to Grant SEC Regulatory Authority over Credit Rating Agencies Developments of Note Congress Passes...

New Panel Seeks To Ease US Regulation Of Capital Markets.(rules for capital merkets)(Brief article)
October 3, 2006... It was announced earlier this week that an "all-star" commission made up of leading US academics and business leaders, including Harvard Law School and Columbia Business School professors, a representative of the New York Stock Exchange and...

World Bank Battles Corruption Through New Voluntary Disclosure Program.(Voluntary Disclosure Program)
October 3, 2006... Article by Jason Matechak and Pascale Dubois Originally published in International Government Contractor Approximately 10 years after former World Bank Group President James Wolfensohn's famous "cancer of corruption" speech, the World...

Major Victory On Coverage Under OSHA's Chemical Process Safety Regulation.
October 3, 2006... McDermott Will & Emery's OSHA, MSHA & Catastrophe Response Group secured an important victory when it convinced a unanimous U.S. Occupational Safety and Health Review Commission that a distribution terminal owned by client Motiva Enterprises...

Non-Deliverable Derivatives Transactions May Become Enforceable Under Russian Law.(Brief article)
October 3, 2006... The legal uncertainty created by the application by Russian courts of Article 1062 (concerning gaming and betting) of the RF Civil Code after 1998 is intended to be addressed by a new section, 1062.2, the first reading of which was approved on...

Willful Copyright Infringement Damages Are Not Dischargeable In Bankruptcy.
October 3, 2006... Addressing the issue of discharging debts under bankruptcy laws, the U.S. Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision holding that statutory damages based on willful copyright infringement are not...

An Era Of Mixed Messages - Lower Taxation And Over Burdening Regulations.(Organisation for Economic Cooperation and Development )
October 3, 2006... The "harmful tax competition" campaign of the Organisation for Economic Cooperation and Development (OECD) is stalled. Many low-tax jurisdictions did send so-called commitment letters to the Paris-based bureaucracy earlier this decade after...

Supreme Commercial Court Reconfirms Civil Remedies Against State-Owned Enterprises.
October 3, 2006... A Resolution of the Plenum of the Supreme Arbitration (Commercial) Court of the RF (the "Resolution") concerning the application of Section 120 of the Civil Code with respect to state- and municipality-owned enterprises, was adopted on June 22,...

Recent Precedent Provides Liability To Board Members In Bankruptcy Of Bank.
October 4, 2006... By Mr Konstantin Osipov & N. Drobilko Moscow District's Commercial Court recently adopted an unprecedented decision, ruling that the debt of an insolvent bank must be repaid by both the bank's former executive officers and its board...

Supreme Commercial Court Imposes Penalties On Late Filers With VAT Exemption.(value added taxes)
October 4, 2006... Failure by an eligible company to timely submit a complete set of documents confirming exemption from value added taxes ("VAT") will not cause a company to have VAT arrears, but will serve as a basis for imposing a penalty on the company for a...

Agreement To Assign Patents Subject To Act.
October 4, 2006... The Federal Court of Appeal unanimously held that an assignment of a patent may constitute an agreement or arrangement which results in an undue lessening of competition contrary to s. 45 of the Competition Act. In June, 1997, Eli Lilly and...

Federal Banking Agencies Proposed Basel II Securitization and Equity Exposure Rules.
October 4, 2006... Contents: Developments of Note Federal Banking Agencies Proposed Basel II Securitization and Equity Exposure Rules Federal Banking Agencies Issue Final Guidance Concerning Nontraditional Mortgage Product Risks SEC Extends...

Immigration Alert: Handling Immigration Problems At The Port Of Entry.
October 4, 2006... For companies who have foreign national employees travelling to their offices in Canada for short term business trips or longer term secondments, it is critical to take steps to ensure a smooth entry into the country. But w hat happens when an...

The Gamblers' Predicament - Part One...
October 4, 2006... Gambling in its varied forms is a deeply-rooted characteristic of the human race which, although a source of pleasure for many and not inherently immoral, can cause harm to individuals and to society through immoderate indulgence. To protect...

HVCA and ECA Launch Safety Assessment Criteria.(Health and Safety Executive)(Electrical Contractors' Association )
October 5, 2006... The Health and Safety Executive (HSE) has welcomed an initiative launched by the HVCA and the Electrical Contractors' Association (ECA) to assist their contractor members in meeting health and safety competences. Many contractors undergo...

Screwfix Direct To Open A Second Distribution Centre In The Stafford Area.(facilities of Screwfix Direct)
October 5, 2006... Screwfix Direct, the UK's leading direct supplier of building, maintenance and refurbishment items to the trade, has just signed a 10-year lease on a second Distribution Centre in the Stafford area. Intended to support the needs of its...

Shepherd Construction Renews And Extends Its Matrix Standard Accreditation.
October 5, 2006... Shepherd Construction, a major construction company with clients in the public and private sector, has successfully completed the re-accreditation process for the Matrix Standard, the national quality mark for the provision of information,...

Virginia Repeals Estate Tax.
October 5, 2006... The Commonwealth of Virginia will no longer impose a state estate tax, effective for the estates of decedents who die after July 1, 2007. On August 28, 2006, the General Assembly approved changes made to H.B. 5019 and S.B. 5019 by Virginia...

SEC Adopts New Rules for Executive Compensation and Related Party Disclosure.(Securities and Exchange Commission)
October 5, 2006... On August 11, 2006, the Securities and Exchange Commission (SEC) issued final rules relating to disclosure requirements for executive and director compensation, related party transactions, director independence, security ownership of officers...

Claim Drafting In The Light Of Recent Federal Circuit Decisions.
October 5, 2006... It is clear from recent decisions of the United States Court of Appeals for the Federal Circuit that courts are now taking a much tougher line on how to draft specifications and how to draft claims than has previously been the case. The Court...

The Latest Developments On Whistleblowing Policies In Denmark.
October 5, 2006... Over the past few years, US and multinational corporations have invested heavily in assuring compliance with the stringent demands of the 2002 Sarbanes-Oxley Act (SOX). As its scope extends far beyond United States boundaries, US executives...

Immigration Corner.
October 5, 2006... Hiring a foreign national to work in Canada without conducting proper due diligence checks in advance. What are the potential pitfalls? This article discusses why due diligence is important for Canadian employers and how failing to exercise...

Trademarks In Italy.(regulation)
October 5, 2006... Among the enterprise assets, an important role is played by the so called intangibles, which represent every good without physical consistence, but able to be evaluated and create value for the company. According to the Italian law, we can...

Potential Effect Of New Rules Under Section 409A Of The U.S. Internal Revenue Code On Certain Canadian Plans.
October 5, 2006... If your company sponsors an equity incentive plan under which stock options or stock appreciation rights have been granted with an exercise price that was below fair market value at the time of the grant, or a supplemental employee retirement...

Department Of Labor Issues Opinion Letter Recognizing Mortgage Loan Officers As Exempt Administrative Employees.
October 5, 2006... For the past several years, employers in the mortgage lending industry have faced increasing litigation pressure over the decision to classify loan officers as exempt from the overtime requirements of the Fair Labor Standards Act pursuant to...

Sharing Compensation Or Benefit Information Between Competitors May Violate Antitrust Laws.
October 5, 2006... Employers commonly participate in surveys to assist in setting competitive wage rates, salaries, or benefits. With today's tight labor markets, these surveys can be valuable in attracting and retaining employees. However, a series of lawsuits...

Investment Management Outlook.
October 5, 2006... World Markets Second Wind After No Wind September, statistically, has tended to produce the worst monthly returns for global equities, and we had advised investors to use the expected period of weakness to raise their equity weightings...

A Brief Review Of Reinsurance Trends In 2005.
October 5, 2006... Reinsurance Arbitrations Arbitrability Under the Federal Arbitration Act There was a dearth of reinsurance decisions in 2005 regarding the question of arbitrability under the Federal Arbitration Act, 9 U.S.C. s. 1 et seq. (the "FAA")....

Air Carrier Liability: French Jurisdiction Restricted.
October 5, 2006... Article by Simon Foreman, Soulez Lariviere & Associes/Mert Hifzi A recent decision in France has reversed a trend, begun in the case of Pakistan International Airlines v Ms Kunze Bejon in 1997, by which the French Courts had been able to...

A Matter of Principle.(International Finance Corp.'s Equator Principles on commercially financed projects)
October 5, 2006... Originally published May 2006 River deep, mountain high - the spread of Equator In March the 41 Equator Banks (http://www.equator-principles.com/principles.shtml) released a new version of the Equator Principles for consultation. The...

Health And Safety Calendar - October 2006.(Calendar)
October 5, 2006... The health and safety calendar highlights key dates for proposed and existing legislation and policy and closing dates for consultation papers relating to major health and safety issues in the UK and EU. It will provide a useful tool for...

Workplace Safety And Health: Cabin Crew Personal Injury.
October 5, 2006... Employers in Hong Kong should note a recent judgment of the Hong Kong Court of Final Appeal which has found that an employer can be liable for injury to an employee which has been caused by foreseeable negligence on the part of the employee....

ECJ Decision In Cadman Case Causes Equal Pay Confusion.(European Court of Justice)
October 5, 2006... The ECJ's judgment on 3.10.06 in the Cadman case on equal pay for women and men has caused much confusion. The Times headline is "Mothers Lose Right to Equal Salaries" while The Guardian says "Higher Pay for Long Service Ruled Illegal". So...