Mondaq Business Briefing articles from September 2003

Mondaq Business Briefing archives from September 2003

Exit Finland.(trends in initial public offerings, public takeovers and trade sales and exiting due to financial stress)
September 2, 2003... By Tarja Wist & Marten Knuts of Waselius & Wist The current market situation has made a successful exit challenging. With initial public offerings down to zero, public take-overs, trade sales or even forced exits due to financial distress...

Mayer, Brown, Rowe & Maw LLP Advises Vantis plc on AIM Placing.(Brief Article)
September 2, 2003... The Corporate Group at Mayer, Brown, Rowe & Maw LLP have advised Vantis plc, the accountancy and professional services advisory group, on its placing of 2,863,335 new ordinary shares at 90p per share, raising u2.5 million. This follows a...

Mayer, Brown, Rowe & Maw LLP Advises Unilever Ventures.(on investment in Brainjuicer Ltd.)(Brief Article)
September 2, 2003... The Corporate Group at Mayer, Brown, Rowe & Maw LLP has advised Unilever Ventures on its investment in Brainjuicer Limited. Corporate partner, Mark Walker led the MBR&M LLP team and was assisted by Stephen Beales. Brainjuicer Limited...

Mayer, Brown, Rowe & Maw LLP Advise Henderson Global Investors in [pounds sterling]16.1 Million Disposal.(Poplar Business Park sold to Workspace 2 Ltd.)(Brief Article)
September 2, 2003... The Real Estate Group at Mayer, Brown, Rowe & Maw LLP has advised Henderson Global Investors in its sale of Poplar Business Park, London Docklands to Workspace 2 Limited for [pounds sterling]16.1 million. Poplar Business Park consists of...

Resolution of International Bank Dispute.(National Westminster Bank PLC defends claim by Rabobank Nederland)
September 2, 2003... Shartsis, Friese & Ginsburg has just concluded successfully defending British bank National Westminster Bank plc ("NatWest") against a $160 million-dollar claim by a Dutch bank, Rabobank Nederland ("Rabobank"). Rabobank's claim against...

The Football Association Premier League Ltd and others v Panini UK Ltd.
September 2, 2003... This was an appeal made by the appellant Panini UK Limited ("Panini") against the finding of Peter Smith J that Panini was infringing the copyright of the claimants and in particular that Panini was not entitled to rely upon the provisions of...

Effective Enforcement and Commercial Rent Arrears.
September 2, 2003... By Dan Hemming and Sarah Thompson The Government's Civil Enforcement Review has produced another new proposal. The latest white paper covers the regulation of warrant enforcement agents and the recovery of commercial rent arrears. The...

The Technology Transfer Block Exemption - Revisions.(European Commission)
September 2, 2003... The publication by the European Commission of the proposed revamped Transfer Technology Block Exemption in September of this year draws closer. The timetable for consultation and adoption of the draft Block Exemption will be tight, as it...

Damages due but Patent invalid.(Coflexip SA & Others v Stolt Offshore MS Limited & Others)
September 2, 2003... Coflexip SA & Others v Stolt Offshore MS Limited & Others [2003] EWHC 1892(Pat) Summary In June 2003 we reported on the High Court decision in Rockwater Limited v Coflexip SA & Others, in which Coflexip's patent was held to be invalid...

Face Value: Personality Rights and Celebrity Endorsements.(India)
September 2, 2003... "The celebrity is a person who is known for his well-knownness" - Daniel Boorstein A Right to Personality? Recently, the actor Rajnikanth issued a legal notice just before the release of his latest film, "Baba", prohibiting anyone...

House of Lords Reviews Duty of Occupiers.(Tomlinson v Congleton Borough Council)
September 2, 2003... In this bulletin we consider the recent decision of the House of Lords in Tomlinson v Congleton Borough Council [2003] All ER 554 in relation to occupiers liability. The Facts In 1995 the Claimant, an 18-year-old male, suffered severe...

Enforcement of Foreign Arbitration Awards.
September 2, 2003... The Italian Code of Civil Procedure provides a specific procedure for the recognition of arbitration awards made in foreign jurisdictions. Originally published April 2002 Article 839 of the code is the embodiment in Italian law of the...

FRB Proposes Interpretation and Issues Guidance Regarding Anti-Tying Rules Expanding "Traditional Bank Product" Exception.
September 3, 2003... The FRB proposed the adoption of an interpretation (the "FRB Interpretation") of the anti-tying restrictions of Section 106 of the Bank Holding Company Act ("Section 106") and issued related supervisory guidance clarifying (1) the scope and...

Thai Arbitration Institute: New Arbitration Rules.
September 3, 2003... The Thai Arbitration Institute has revised and reissued its arbitration rules to take account of recent changes in Thai arbitration law. The new rules came into force on 2 May 2003. In a related development, the Office of Judicial Affairs has...

Appealing Against a Domestic Award.
September 3, 2003... The Hong Kong Court of Final Appeal ("the CFA") was recently given its first opportunity to consider the exercise of the judicial discretion to grant leave to appeal against a domestic arbitral award. In Swire Properties Ltd & Others v...

FCC Extends Effective Date Of Amended Fax Advertising Rules Until January 1, 2005.
September 3, 2003... On August 18, 2003, the Federal Communications Commission ("FCC") adopted an Order on Reconsideration extending until January 1, 2005 the effective date of new rules requiring written consent before sending commercial faxes. The extension will...

New Tax Shelter Reporting Requirements May Apply To Non-Abusive Transactions - What Borrowers And M&A Parties Must Know.
September 3, 2003... The Internal Revenue Service ("IRS"), in an effort to curtail the promotion and implementation of tax shelters and other "potentially abusive transactions," recently issued a series of regulations requiring taxpayers (broadly defined to include...

New Pension Headaches for Senior Executives.
September 3, 2003... Two long-awaited pensions consultation papers were published late last year. One of them, entitled Simplifying the Taxation of Pensions, will have far reaching consequences for high earners. The new rules will come into effect from 'A-day',...

Human Rights and Arbitration: Revisited.
September 3, 2003... In BLCT (13096) LTD v J Sainsbury plc Lady Justice Arden and Lord Justice Longmore of the English Court of Appeal had to consider the implications of Article 6 of the European Convention of Human Rights (ECHR) to an application for leave to...

Alternative Treatments and Consent after the Human Rights Act.(UK)
September 4, 2003... Section 63 of the Mental Health Act provides that the consent of a patient detained under certain sections of the Act (including section 3) is not required for medical treatment given by or under the direction of the patient's RMO. The...

Charging for Aftercare Services under s117 Mental Health Act 1983 - The Final Story.(UK)
September 4, 2003... The section 117 duty to provide free after-care services, has been subject to a sequence of Court cases on whether such services has to be provided free of charge. Approximately two thirds of all Health Authorities providing aftercare services...

Data Protection: Patient and Health Records.
September 4, 2003... Anyone operating a residential care home will keep information about patients and their health records. The Data Protection Act 1998 (the "Act") contains detailed rules on the processing of personal data and breach of these rules could...

A New Briefing for the Care Homes Sector.
September 4, 2003... The increasing complexity of the legal issues affecting care homes and those who operate them has led to the introduction of this new series of targeted briefings. RadcliffesLeBrasseur specialise in advising the providers of healthcare and...

Hospital Managers' Decisions - Do They Have to Be Unanimous?
September 4, 2003... We previously reported on the decision in the case of R -v- The Hospital Managers of the Park Royal Centre ex parte Tagoe-Thompson1. This has now been considered by the Court of Appeal which has upheld the decision at first instance. However,...

Managers' Decisions, Contested Treatment Regimes and Protection of Confidentiality.
September 4, 2003... This article reports on 3 unrelated but interesting practical decisions for healthcare providers. Decisions of Hospital Managers The Power of discharge under Section 23 Mental Health Act may be exercised by any three or more members of...

Treatment under Section 63 - New Limitations.(patient care regulations)
September 4, 2003... The ability to treat patients without consent under Section 63 is well known. However, a recent case1 has made it plain that there are restrictions on the circumstances in which this section can be used. The case concerned a patient who was...

Passive Smoking.
September 4, 2003... Staff are increasingly concerned about the effect of passive smoking on their health. Specific smoking rooms may be provided for residents but they will often still smoke in their rooms unless this is expressly prohibited (and even then...!)...

Of Corporate Bondage: How Bondholders May Be Adversely Affected By The Bankruptcy Code.
September 4, 2003... This edition of Argentine Business Law Watch1 highlights concerns about the imposition of "prepackaged" reorganization plans on bondholders (the unabashed parody of W. Somerset Maugham's classic notwithstanding). We also take a look at the...

Advocacy, Psychology and Tactical Issues in Arbitration.
September 4, 2003... Advocacy, psychology and tactical issues in arbitrations are at least as different from what a trial lawyer is used to in judicial proceedings as a trial by jury is from a bench trial. For example, one factor which must be to taken into...

Australian information Disclosure Requirements Amended.
September 4, 2003... By Paul Savage and Kristian Robinson Amendments to the Australian patent regulations, which were published on 14 August 2003, have significantly reduced the disclosure requirements for patent applicants in Australia. The regulations will...

Wage and Hour Laws to Get Long Over-due Facelift.
September 4, 2003... By: Shelly Freeman, President of HROI (Human Resources-Return on Investment), L.L.C., a wholly owned subsidiary of Lathrop & Gage L.C. On March 31, 2003, the Department of Labor (DOL) published its proposed regulations that would modify...

Complying With the New Code of Banking Practice: The Next Chapter.(Australian Bankers Association code)
September 4, 2003... The new Code released by the Australian Bankers Association on 1 August 2003 replaces and extensively revises the existing Code of Banking Practice 1993. Although banks may choose whether to subscribe to the new Code, most banks are expected to...

The Clear Skies Initiative.(a discussion of President Bush's Clear Skies Initiative)
September 4, 2003... On February 14, 2002, President Bush announced the Clear Skies Initiative to reduce and limit the emissions of air pollutants that come from power generators. Specifically, these pollutants include sulfur dioxide (SO2), nitrogen oxides (NOx),...

U.S. Pension Policy Needs More Math and Less Politics.
September 5, 2003... If more of our elected officials were experts in math instead of politics, America's pension policy wouldn't be in the fix it's in now. In Europe, where the pensions of current retirees are bankrolled by current workers, there's a crisis...

Impact Of Contract (Rights Of Third Parties) Act On Insurers.(a discussion of the position taken by the insurance industry in Singapore since the Contract (Rights of Third Parties) act 2001 took effect)
September 5, 2003... This article examines the position in Singapore taken by the insurance industry since the Contract (Rights of Third Parties) Act 2001 ("CRTPA") came into force on 1 January 2002. The insurance industry in Singapore, both life and non life,...

The Playing Field - Singapore Vs. Vietnam.(a discussion of the Singapore and Vietnam markets for foreign investment)
September 5, 2003... In the mid-1980s, in conjunction with the exhortation of the Singapore government, Singapore businessmen gamely forayed into the Socialist Republic of Vietnam ("Vietnam") seeking for opportunities of investment in numerous fields. These foreign...

USSFTA: Impact On Singapore's Government Enterprises, Monopolies And Antitrust Legislation.(a discussion of the US-Singapore Free Trade Agreement)
September 5, 2003... There is a growing recognition that anticompetitive business practices in general do not benefit a country's economy. Unregulated, businesses could engage freely in anticompetitive conduct. Monopolies and oligopolies would be entitled to use...

USSFTA: Enhanced Market Access in Financial Services.(a disdcussion of the US-Singapore Free Trade Agreement)
September 5, 2003... It is a little known fact that Singapore is the largest services market for US in the Southeast Asia and the 6th largest in Asia. Services exports from US to Singapore amounted to US$4 billion in 2001. Although Singapore's services exports to...

Corporate Compliance In Singapore.(a guide)
September 5, 2003... A. CORPORATE COMPLIANCE IN SINGAPORE Introduction This guidebook article sets out briefly the guidelinescertain matters relating to for corporate compliance in Singapore. COMPANY ADMINISTRATION Maintenance of Records ...

Captive Insurance and the Perils of Parenthood.
September 5, 2003... In law, a captive insurer is an insurance company like any other. A statement of the obvious, perhaps, but nonetheless a technicality that many in the industry have been known to lose sight of from time to time. Typically, a captive insurer...

Cayman as Captivating as Ever.(Anthony Menzies discusses why captive insurance remains popular)
September 5, 2003... Originally published in June 2003 As the tally of Cayman Island captive insurers sails through the 600 barrier, Anthony Menzies of Hunter & Hunter goes back to basics in explaining why the captive option remains so enduringly popular. ...

Prompt Action Required to Avoid Overwithholding for New York Nonresident Partners.(discusses amendment to New York tax law)
September 5, 2003... Prompt action is required to qualify for relief from a double New York State withholding problem created for many partners and shareholders of partnerships and Subchapter S corporations with a New York office or otherwise conducting business in...

The U.S. Department of Labor Proposes Revisions to FLSA.(Fair Labor Standards Act)
September 5, 2003... Article by Mr G. P. Sykes Jr., Mr Louis W. Doherty, Mr David P. Phippen, Ms Sarah W. Fox and Ms Marylin E. Culp In a long-anticipated move, the U.S. Department of Labor has published a proposal to update its regulations defining the...

Protect Your Company Assets.
September 8, 2003... A business partner, yearning to be her own boss, opens a competing business across town from her former partners and wishes to contact the clients she cultivated while there. A senior company officer in a highly competitive industry becomes...

Prompt Action Required to Avoid Overwithholding for New York Nonresident Partners.(New York tax law amendment)
September 8, 2003... Prompt action is required to qualify for relief from a double New York State withholding problem created for many partners and shareholders of partnerships and Subchapter S corporations with a New York office or otherwise conducting business in...

Health Care Compliance Adviser: Medicare Outlier Payments for Outpatient Services Also Under Government Scrutiny.
September 8, 2003... Article by Gregory M. Luce, Jesse A. Witten and Renee M. Howard Introduction The current government scrutiny of Medicare inpatient outlier payments has been widely publicized 1 and was the subject last year of a Jones Day Health Care...

Making Your Intellectual Property Pay Off.
September 8, 2003... Many companies that offer environmental products and services are experiencing a dip in revenue streams because of the economic recession and the maturation of the laws impacting the environment. For those of you who are challenged to find ways...

McDermott, Will & Emery Expands into Italy with Carnelutti.(to combine practices with Carnelutti Studio Legale Associato)
September 8, 2003... LONDON - Larry Gerber, the Chairman of McDermott, Will & Emery announces today the next significant step in the Firm's continued expansion plans in Europe. He confirms that agreement has been reached with highly respected Italian market leader...

Executive Compensation Tax Update: Final Golden Parachute Regulations and More.(an overview of legal developments in the U.S.)
September 8, 2003... Article by Dennis B. Drapkin, Rory D. Lyons This summer has been an unusually busy season for important developments affecting the tax treatment of executive compensation. While some of these actions are of limited scope or remain to be...

Confidentiality Obligations of Ex-Employees.
September 8, 2003... Introduction It is well established that the relationship between an employer and an employee is one that is fundamentally grounded upon the obligations of mutual trust, confidence, good faith and fidelity. These obligations dictate that...

So Who is the Nearest Relative? Gay and Lesbian Patients.
September 9, 2003... Originally published in April 2003 The nearest relative has an important role, the most important of which are set out below (see box). These provide important protections for unrestricted patients detained under the Act and those subject...

Closing Care Homes - A Breach of the Human Rights Act?
September 9, 2003... Originally published in May 2003 Care homes may be closed for many reasons be they purely financial, organisational or simply to refurbish outdated accommodation. The consequent need for residents to move is obviously unsettling for them....

Advance Directives.(UK law)
September 9, 2003... Originally published in June 2003 Advance Directives are decisions made whilst a person has the necessary mental capacity to do so which are intended to give effect to wishes as to how that person shall be treated or cared for if they...

Draft Mental Incapacity Bill.(UK law)
September 9, 2003... Originally published in August 2003 The Government has recently published a Draft Mental Incapacity Bill, which aims to clarify and codify the common law procedures currently in place for the management of the affairs of individuals who...

Advance Directives II - Form and Content.(UK law)
September 9, 2003... Originally published in July 2003 In our last Care Homes Briefing Note1 we summarised the law relating to advance directives (sometimes also known as advance statements or living wills). Queries are often raised about two specific...

Sexual Offences - Avoiding Patient Allegations of Sexual Assault.
September 9, 2003... Originally published in April 2003 By Nick Rawson and Suzanne Webb (Leeds office) In an age where healthcare professionals are under increasing pressure to justify their clinical decisions and actions, it is imperative that they are...

Threats and Harassment - Legal Remedies When Staff Need Protection From Patients.
September 9, 2003... Originally published in April 2003 RadcliffesLeBrasseur is regularly asked to advise on the legal remedies available to ensure, as far as possible, that patients who have demonstrated or threatened violence do not return to the premises of...

Seclusion After the Human Rights Act: Important New Court Guidance.(UK law)
September 9, 2003... Originally published in August 2003 The power to seclude a patient has long been recognised as a necessary element in dealing with patients who are detained under the Mental Health Act 1983 and who pose a risk of significant harm to...

Intersection of Intellectual Property and Antitrust: Where Do We Go From Here.
September 9, 2003... Article by Mr Stanley Gorinson and Mr Stephen Baskin "We're bringing cases and that obviously indicates that we feel there are some areas where there are real problems, where we see abuse of intellectual property regimes." Federal Trade...

Going Private: The Best Option.
September 9, 2003... Article by Mr David Stockton, Mr Neil Falis and Mr Joshua Galante U.S. Equity Markets are now into their fourth year of trading at depressed levels. Share prices of thousands of companies have been reduced to mere fractions of where they...

The Latest on the USPTO 21st Century Strategic Plan.(U.S. Patent & Trademark Office)
September 9, 2003... In this article, we are pleased to present a timely and informative special article by Stephen A. Becker, chair of MWE's Patent Prosecution Group. In his article, Stephen provides an insightful analysis of Commissioner Rogan's strategic plan...

Dictionary Is Primary Source to Define Claim Term.
September 9, 2003... Article by Shamita D. Etienne and Jeffrey A. Woller The U.S. Court of Appeals for the Federal Circuit upheld a construction of the claim term "high frequency" where the district court used dictionary definitions to supply the ordinary and...

Prior Art Found to Inherently Anticipate Even Where No Feature of the Claimed Invention Was Described.
September 9, 2003... Article by David A. Gay, Ph.D. and Paul Devinsky In a case of first impression, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's finding of anticipation of a drug metabolite where the prior art patent disclosed...

Subsequent Patents Attempting to Extend Period of Exclusivity for Brand Name Drug Invalid for Obviousness.
September 9, 2003... The U.S. Court of Appeals for the Federal Circuit affirmed a district court's holding that subsequent patent claims aimed at extending the period of exclusivity for a best-selling, brand-name drug are obvious over prior art, but reversed the...

Lack of Novelty of Product Does Not Render Process Obvious.
September 9, 2003... In reversing and remanding the district court's summary judgment of obviousness, the U.S. Court of Appeals for the Federal Circuit held that a process claim is not rendered obvious by the lack of novelty of its product, even where the patentee...

Pre-Litigation Conduct of Patentee Toward Alleged Infringer Does Not Support Award of Attorney Fees.
September 9, 2003... The U.S. Court of Appeals for the Federal Circuit, finding that conduct that gives rise to an equitable estoppel defense is not an appropriate basis for awarding attorney fees, reversed a district court in finding that a case was "exceptional"...

Court Cannot Revise Claim Construction After Trial.
September 9, 2003... The U.S. Court of Appeals for the Federal Circuit held that it was improper for the district court to modify its claim construction after the instruction of the jury as to the meaning of claim terms. The Court also held that an in-court...

A Bird In Hand Is Worth Several In The (Am) Bush!(ambush marketing)
September 9, 2003... By Mohit Kapoor & Ajay Shaw, DSK Legal Introduction Amidst the hype surrounding the 2003 ICC World Cup, there were some off-field events that caught the attention of the world, in particular the entanglement between the ICC, the...

Board Meetings Going Hi-Tech in India.
September 9, 2003... Article by Diwakar Agarwal and Souvik Ganguly This article was first published in The Economic Times (Corporate Counsel section), in India, on June 28, 2003. Background The debate to allow meetings of the board of directors...

The Family and Medical Leave Act - 10 Year Old Swill.
September 9, 2003... The Family and Medical Leave Act of 1993 (FMLA) recently uncorked its tenth anniversary vintage. I wonder how many employers filled a glass for a celebratory toast? While fine wine, prime beef and classic rock tend to get better with age, the...

Mallesons Stephen Jaques Boosts Patent Capability With New Team.(Wayne McMaster and Robert Cooper appointed partners)(Brief Article)
September 9, 2003... Mallesons Stephen Jaques has announced the appointment of two new partners, Wayne McMaster and Robert Cooper, to the firm's intellectual property practice in Melbourne. Joining them at Mallesons will be senior associates Duncan Bucknell...

Sweden Realizes the Potential of Biotechnology.
September 9, 2003... Article by Kenneth R. Boehner and Heather A. Forrest Realizing the potential of the biotechnology industry requires a seamless cooperation between the public, academic and private sectors. Once perceived to possess a prohibitively...

Recent Precedents Say Recoveries for Lost Future Royalties Aren't Likely.
September 9, 2003... When one legal precedent deviates from existing legal prudence, it is called an aberration. When two so deviate, it becomes a trend. A recent Florida decision, Burger King Corp. v. Hinton, could thus be viewed as a trendsetter. In a 1996...

To Kill A Copy Cat.(plagiarism in India)
September 9, 2003... By Mohit Kapoor and Ajay Shaw Piggy-backing on Creativity The concept of "Plagiarism" has generated much curiosity in recent times especially in the context of the entertainment industry. The term has been defined by authors as "the...

New Practice Directions on Non-Injury Motor Accident Claims.(Singapore)
September 9, 2003... From 1 January 2002, all non-injury motor accident claims must comply with the Practice Direction 2 of 2001. The new Practice Direction applies to non-injury cases only. Injury cases should continue to observe the requirements of pre-action...

Introduction to Intellectual Property in Singapore.
September 9, 2003... Trade mark registration in Singapore is governed by the Trade Marks Act and the Trade Marks Rules. Registration of a trade mark under the Trade Marks Act gives the proprietor the exclusive right to use (and to authorise others to use) the mark...

Introduction to Doing Business in Singapore.(foreign companies)
September 9, 2003... A foreign company is not allowed to carry on business in Singapore or acquire a place of business in Singapore unless it is registered with the Singapore Registry of Companies and Businesses ("RCB"). Under the Singapore Companies Act (Cap. 50),...

Telecommunications Regulations in Singapore.
September 9, 2003... 1. Introduction and Background January 2000 marked a new chapter in the history of Singapore's telecommunication services sector when Singapore Government announced the full liberalisation of the telecommunications industry. Prior to...

Excuse Me, Please, But Do You Happen To Have A License For That Plant?(plant patents )
September 9, 2003... Article By Neil Arney and David Barnard of Lathrop & Gage A recent ruling eliminates any doubt about plant patent validity, and means farmers can expect to see more vigorous enforcement of patent rights, including infringement lawsuits. ...

Federal and State Enforcement Bodies Investigate Market Timing and Late Trading in Mutual Fund Shares.
September 10, 2003... The New York Attorney General and the Massachusetts Secretary of the Commonwealth (as head of the Commonwealth's Securities Division) each launched investigations into market timing and late trading of shares of registered investment companies...

Antitrust & Innovation: a Reawakening of Interest.
September 10, 2003... Originally published in Antitrust Quarterly Please click on the link provided at the end of this article to read all the Antitrust Quarterly articles in full, as detailed below. This article formed the text of a presentation made on...

Time to get licensed under the Securities Investment Business Law.
September 10, 2003... By Michele Connell, Senior Associate Recent regulations have brought the Securities Investment Business Law (2003 Revision) (the "Law"), which regulates all securities investment business, fully into effect. The result? Persons falling...

Protect Your Assets - Now, Not Later.(obtaining intellectual property protection)
September 11, 2003... Perhaps the most valuable business asset today is a company's intellectual property (IP), which includes patents, copyrights, trademarks and trade secrets. It is essential that you quickly take steps to obtain IP rights for the following...

Nanotechnology ~ the Next Industrial Revolution.(Industry Overview)
September 11, 2003... "Nanotechnology cannot be defined in terms of dimensions alone. In fact, it represents a convergence of traditional disciplines of physics, chemistry and biology at a common research frontier." Busquin, 2000 Nanotechnology, the science and...