Mondaq Business Briefing articles from September 2005

Mondaq Business Briefing archives from September 2005

Remedies for Unapportioned Gross Receipts Taxes.
September 1, 2005... When a tax is determined to be unconstitutional because it is not properly apportioned, is the proper remedy to impose the amount of tax that would have been allowed under a proper apportionment scheme, or is the entire amount of the proposed...

Horizons - International news for employers and international secondees.
September 1, 2005... Article by Rob Essex, Philip Paur, Andy Hodge and Neil Rogers UK: Dual contract arrangements In April H.M Revenue and Customs (HMRC) published a Tax Bulletin article on dual contracts in response to what they see as a more widespread use of...

The Dangers of the "Most Favored License" Provision.(Ericsson, Inc. v Interdigital Communications Corporation, et al. v. Nokia Corporation)
September 1, 2005... In an interesting turn of events, the U.S. Court of Appeals for the Federal Circuit, applying Fifth Circuit law, reversed a decision allowing a licensee to intervene in a terminated case that directly influenced its royalty payments. Ericsson,...

Plastic Foam Constituents Given in Volume (Rather Than Density) are not Indefinite.(Marley Mouldings Inc. v. Mikron Industries Inc.)
September 1, 2005... Reversing a judgment of invalidity under 35 U.S.C. s. 112, [micro] 2, the U.S. Court of Appeals for the Federal Circuit has now held that a patent claiming the ingredients for a plastic foam, given in volume, is not indefinite. Marley Mouldings...

Unadjudicated Unenforceability Counterclaim Precludes Final Judgment.(Enzo Biochem Inc.)(Brief Article)
September 1, 2005... The U.S. Court of Appeals for the Federal Circuit dismissed the appeal of Enzo Biochem on the basis that since Jen-Probe's unenforceability counterclaim remained unadjudicated, there was no final decision within the meaning of 28 U.S.C. s....

Communications Law Bulletin July/August 2005.
September 1, 2005... The Month in Brief With Labor Day approaching and summer winding down, we offer this combined July/August issue of our Communications Law Bulletin. With next month's edition, we return to our usual, monthly publication schedule. As...

Communications Law Bulletin July/August 2005 Part 2.
September 1, 2005... To read the first part of this article please click on the 'Previous Page' link at the bottom of the page Disability Issues Dominate FCC's July Open Meeting Marking the 15th Anniversary of the Americans with Disabilities Act on...

Shareholder Activists Attack Parachute Payments in M&A Transactions.
September 1, 2005... It would be an understatement to say that the world of corporate governance has changed. While the first few rounds of reform were handed down to boards in the form of legislation, SEC implementation, and governance ratings criteria from...

Environment calendar - September 2005.
September 1, 2005... The environment calendar highlights key dates for proposed and existing legislation and policy and closing dates for consultation papers relating to major environment issues in the EU and England. It will provide a useful tool for...

Agency Worker Or Employee?(cases against employment agencies )
September 1, 2005... Originally published in Recruitment Consultant magazine. The employment status of agency workers may eventually be resolved. But until that happens there are steps agencies and end-users should take to protect themselves, writes Adrian...

IRS Proposes Rules for Determining Comparable Contributions to HSAs.(United States. Internal Revenue Service)(health savings accounts)
September 1, 2005... By Carol A. Weiser, George H. Bostick, Adam B. Cohen, Ian A. Herbert, Carol T. McClarnon, Alice Murtos, Robert J. Neis, W. Mark Smith, William J. Walderman, Brendan M. Wilson and Walter H. Wingfield Originally published August 31, 2005 ...

IRS and Treasury Complete Guidance on Valuation of Life Insurance Contracts in Employee Benefit Arrangements.(United States. Department of the Treasury)(United States. Internal Revenue Service)
September 1, 2005... By Carol A. Weiser, George H. Bostick, Adam B. Cohen, Ian A. Herbert, Carol T. McClarnon, Alice Murtos, Robert J. Neis, W. Mark Smith, William J. Walderman, Brendan M. Wilson and Walter H. Wingfield Originally published August 30, 2005 ...

Bank Held Liable by Court for Providing Inaccurate Credit Information.
September 1, 2005... Originally published July 1 2005 Negative Credit Rating for Customer Causes Negative Impact for Bank In Clark v Bank of Nova Scotia 1 the Ontario Court held that if a financial institution provides inaccurate information to a credit...

Enjoin the Picketers?
September 1, 2005... Originally published July 2005 In 2002, the Supreme Court of Canada ruled that picketing is a form of expression protected by the Canadian Charter of Rights and Freedoms. In so ruling, the Supreme Court of Canada made it clear that the...

The New Face of Consumer Protection Law in Ontario: Consolidate, Update and Escalate.
September 1, 2005... Originally published July 2005 What's Happening and Why You Need to Know On July 30, 2005, Ontario's existing Consumer Protection Act and Regulations (the "Old CPA") will be replaced by the Consumer Protection Act, 2002 and its...

IRS Issues New Cost Sharing Checklist.(Internal Revenue Service)
September 1, 2005... Originally published September 2005 Cost sharing has been a part of IRS regulations since 1994, but only this summer has the IRS developed an audit program for its international examiners and field specialists. In August, the IRS issued...

"Additional Benefits" Under Required Minimum Distribution Regulations.
September 2, 2005... Originally published July 6, 2005 The rules for qualified annuity contracts - contracts forming plans qualified under section 401(a), 403(a), 403(b), 408 or 457(b) of the Internal Revenue Code - include required minimum distributions...

Hammers Disguised as Amnesties: States Take a Wrong Turn.
September 2, 2005... In their zeal for tax revenue, state legislatures have enacted tax amnesty programs with increasing frequency. As a result of the startling successes of many of the programs, which had been touted as "One Chance for a Second Chance,"1 "first...

Ballard: The State Tax Implications Are Clear.
September 2, 2005... It has been said that "rules of procedure exist for the sake of substantive law and to implement substantive rights, not as an end in and of themselves. "Procedure should always be indeed the 'handmaid of justice.'"1 In Ballard, the United...

Eight Circuit Hews Close to Federal Circuit Line in Deciding Patent Appeal.(cases between Schinzing and Mid-States Stainless Inc)
September 2, 2005... Article by Matthew Weil and Louis Polidori* Relying heavily on Federal Circuit patent law precedent, the U.S. Court of Appeals for the Eighth Circuit has decided one of the first--and, perhaps, one of the last--non-Federal Circuit appeals...

Regulation FD Decision in SEC v. Siebel Systems, et al.(Fair Disclosure)(Securities and Exchange Commission)
September 2, 2005... Originally published 1 September, 2005 The United States District Court for the Southern District of New York today dismissed in full a complaint filed by the Securities and Exchange Commission against Siebel Systems, Inc. and two of its...

Federal Circuit Upholds Texas Court Invalidity Judgment.
September 2, 2005... Applying the reissue-recapture rule of s. 251, the U. S. Court of Appeals for the Federal Circuit has agreed with the Texas district court of the northern, which held certain claims of a reissue patent were invalid because they sought to...

Presence of a Patent Issue in a Case Based on State Law Does Not, Alone, Create Federal Circuit Jurisdiction.
September 2, 2005... The Federal Circuit has declined to exercise jurisdiction over a case where the fact of patent ownership may have had evidentiary significance, but the mere presence of the patent did not require resolution of a substantial question of U.S....

Research Misconduct: New Enforcement Actions and Developments.
September 2, 2005... Originally published August 31, 2005 On May 27, 2005, Reed Smith issued a client memorandum discussing the federal government's recent focus on the area of research fraud, and predicting increased investigative and enforcement activity in...

The European Directive on Takeover Bids: A Comparison With U.S. Tender Offer Practices.
September 2, 2005... When the European Directive on Takeover Bids (the "Directive," available on the European Commission's web site at http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/oj/2004/l_ 142/l_14220040430en00120023.pdf) went into effect on May 20, 2004,...

EU Clarifies Exemption of Technology Transfers from Antitrust Law.(European Union )
September 2, 2005... Last spring, the Commission of the European Union issued new regulations and guidelines on the application of EU antitrust law to technology transfer agreements (Commission Regulation No. 772/2004 of 27 April 2004). For the most part, EU...

European Commission Promotes Better Regulation for Growth and Jobs in the EU.
September 2, 2005... INTRODUCTION The European Commission recognises that improving the quality of regulation can significantly spur growth in the EU economy and assist business. To this end, it issued a Communication on "Better Regulation for Growth and Jobs...

Cartel-Busters Hit The Roof Again.(Office of Fair Trading's investigation of bid rigging by construction industry)
September 2, 2005... It's annoying when builders keep coming back to do more work on something you thought was finished. But it must be more than a little worrying for members of the construction industry when the Office of Fair Trading does the same to them. For...

The Impact of Maternity Leave on an Employer's Obligation to Pay Bonuses.
September 2, 2005... Introduction The impact of maternity leave on an employer's obligation to pay bonuses has been a grey area for several years. In particular, it has been unclear whether an employer can pro-rate a bonus so that it is payable only in respect...

Sick of Working Time?(rules for employee leaves)
September 2, 2005... The Court of Appeal has recently delivered a blow to employees claiming holiday pay whilst they are on sick leave. In Commissioners of Inland Revenue v Ainsworth, it unanimously decided that workers on long-term sick leave were not entitled to...

Permanent Health Insurance.(employee benefits)
September 2, 2005... Dismissals In order to provide employees with protection from being deprived of the benefit of the PHI policy, the Courts have said that there is an implied term in the contract of employment that an employee will not be dismissed where...

Employment Status and Agency Workers.
September 2, 2005... Employment By The End User? In Cable and Wireless v Muscat (2005) the Employment Appeal Tribunal looked at whether an agency worker, provided via an agency, could be an employee of the end user. Mr Muscat was employed as a...

Unfair Commercial Practices Directive.(European Commission's proposal for a directive on unfair business-to-consumer commercial aims to prohibit unfair B2C commercial practices)
September 5, 2005... BACKGROUND On 18 June 2003, the European Commission published a proposal for a directive on unfair business-to-consumer commercial practices (the "Directive"). The aim of the Directive is to replace the various national provisions...

The Impact of Regulatory Compliance Mandates on Business Process and IT Outsourcing.(successful BPO's can become a tool for organizations to improve compliance efforts efficiency )
September 5, 2005... Regulatory compliance mandates are becoming increasingly pervasive and onerous in western countries (see Figure 1). They have become a driving force in influencing affected organizations investments, areas of attention and activity, and in...

EU To Debate Eco-Labelling Of Fisheries Products.(eco-labelling is a means of integrating environmental protection concerns into the fisheries sector. )
September 5, 2005... The European Commission issued on 29 June 2005 a Communication on eco-labelling of fisheries products1. The Communication is designed to launch a debate on the best way ahead regarding the ecolabelling of fisheries products, given the growing...

New Securities Transfer Act Addresses Cof the Global Capital Market.
September 5, 2005... Originally published in The Lawyers Weekly July 15, 2005 Vol. 25, No. 11 A hasty reader of May's Ontario budget might have missed the statement that later this year, "updated securities transfer legislation will be introduced to address...

Implementation of National Instrument 81-106 Investment Fund Continuous Disclosure.
September 5, 2005... Originally published July 2005 National Instrument 81-106 Investment Fund Continuous Disclosure (the "Instrument") and Companion Policy 81-106CP, along with Form 81-106F1 Contents of Annual and Interim Management Report of Fund...

A Fair Proposition.(unfair competition law )
September 5, 2005... Originally published in Legal Week, August 2005 In 2003, the Wall Street Journal labelled California The Shakedown State' because of the state's infamous unfair competition' law (UCL). In November 2004, California voters overwhelmingly...

First Circuit Establishes Framework for Determining When the Lanham Act Applies Extraterritorially.
September 5, 2005... Rejecting the approaches of the Courts of Appeals for the Second and Ninth Circuits, the U.S. Court of Appeals for the First Circuit, in a case of first impression, established a new framework for determining when the Lanham Act should be...

Generic or Descriptive? How to deal with TLD indicators in trademark applications.(top-level domain)
September 5, 2005... The U.S. Court of Appeals for the Federal Circuit has provided guidance for identifying the rare circumstances when the addition of a "top-level domain" (TLD) indicator, such as ".com" or ".net," can impact the distinctive nature of a trademark...

Summary Judgment is Not Appropriate for Willful Infringement Where Jury Could Find Otherwise.
September 5, 2005... The U.S. Court of Appeals for the Second Circuit has now held that even though Microsoft Corporation was entitled to summary judgment on its copyright infringement claims against an alleged counterfeiter, Island Software & Computer Services, a...

Preparing for National Instrument 45-106 - Prospectus and Registration Exemptions.
September 5, 2005... The private placement regime in Canada is set to become more user-friendly on September 14, 2005, when National Instrument 45-106 Prospectus and Registration Exemptions (in this bulletin, referred to as "NI 45-106" or the "Instrument") is...

Bi-Annual Update Regarding Medical Device and Pharmaceutical Federal Preemption.
September 5, 2005... Federal preemption is one of the most important defenses available to medical device manufacturers defending product liability lawsuits, and it also has been applied successfully in certain pharmaceutical product liability actions. Because...

Sale of Pirated DVDs by Foreigners in China - Criminal Act or Copyright Infringement.
September 5, 2005... Introduction The following case attracted substantial publicity both in China and elsewhere for several reasons. Firstly, it was the first case of a judgment being published by an Intermediate People's Court in China involving the illegal...

U.S. Leveraged Buyouts of Canadian Targets: Effective Structuring Isn't Just for Billion-Dollar Deals.
September 6, 2005... Published in Private Equity International's 2005 Report on Canadian Private Equity. The use of "hybrid entities" to acquire Canadian companies can have significant benefits for U.S. investors in the appropriate circumstances. The...

World Tax Advisor - July/Aug 05.
September 6, 2005... Taxation of Interest Income in Europe: Savings Directive Enters into Effect After years of political deliberation, contentious debate and practical obstacles, the EU Savings Directive (Directive), adopted in 2003, finally takes effect on 1...

Deloitte Weekly VAT News - Week ended 2 September 2005.
September 6, 2005... HMRC announce new "Civil Fraud" procedures Following the merger between the Inland Revenue and Customs & Excise, a common procedure for tackling serious acts of evasion has been announced. The new Civil Investigations of Fraud procedure...

The Turkish Law On Sea Pollution.
September 6, 2005... "The Law on Intervention in Emergency Situations Deriving from the Pollution of the Sea by Petroleum and Other Harmful Materials and Compensation of the Losses" was accepted by the President of the Republic of Turkey, Ahmet Necdet Sezer, and...

The Saga Of FDI - From Urban To Rural.
September 6, 2005... Article by Hemant Batra* The primary objective of foreign investment could not have been more aptly defined than by Dr. Jaslin U. Salmon, National Coordinator, Poverty Eradication Programme, Jamaica; when he stated, "Foreign investment...

Moving towards a long-term carbon price.
September 6, 2005... Article by: Alastair Scrimgeour, Ciara Ryan, Robin Cohen, Adam Whitmore, Xavier de Rollat & Carl D. Hughes The agreement on climate change reached at the G8 summit in July 2005 gives new impetus to action to reduce greenhouse gas emissions....

More than a Shred of Evidence: Further Lessons from Andersen.
September 6, 2005... Originally published in June 2005 The Supreme Court's recent unanimous decision overturning the conviction of the now defunct Arthur Andersen accounting firm for obstruction of justice is an important milestone for prosecutions based on...

New Environmental Law for the State of Nuevo Leon.
September 6, 2005... The new Environmental Law for the State of Nuevo Leon (hereinafter, the "Law") was issued by decree number 252 dated July 15, 2005 published in the Official Gazette of the State of Nuevo Leon, It is important to emphasize that the publication...

Transformational US Acquisitions by Canadian Income Funds:.
September 7, 2005... Article by Philip Brown, Richard Willoughby and Alexandra Kau I. Cross-Border Income Securities: Then and Now A new category of securities is taking shape that adapts the Canadian income fund structure for application to US businesses....

Pre-Dispute Jury Trial Waivers Unenforceable, Rules California Supreme Court.
September 7, 2005... Originally published August 25, 2005 In a decision that potentially has an impact nationwide, the California Supreme Court has upheld a state appeals court's ruling that a pre-dispute contractual agreement waiving the right to a jury trial...

Recent California Employment Cases: Instructive for Employers in All States.
September 7, 2005... Originally published August 25, 2005 Within the past month, the California courts have been very active in deciding employment cases. These cases are outlined in this Alert. Clients that have employees in California should be aware of these...

Board Lessons from the Disney Decision.(Walt Disney Co.)
September 7, 2005... Originally published August 23, 2005 On August 9, 2005, Chancellor William B. Chandler III, in the Delaware Court of Chancery, issued a decision in the case of In re Walt Disney Co. Derivative Litigation, a case that awaited resolution for...

Washington Law Partially Protecting Employers Giving Job References Is Now Effective.
September 7, 2005... Originally published August 02 2005 The 2005 Washington State statute on Employee Information Disclosure and Employer Immunity provides employers with statutory protection that does not appear much more extensive than the protection...

European Union Directives on Electronic Equipment Reflect Trend Toward Global Product Regulation.
September 7, 2005... Originally published August 2005 In 2003, the European Union (EU) adopted two complementary initiatives to regulate the design and disposal of electrical and electronic equipment (EEE). The Waste Electrical and Electronic Equipment (WEEE)...

Competition issues in the Italian market for infant formulae.
September 7, 2005... The Italian competition Authority (the "Authority") has recently completed two investigations into the infant formulae industry after having received complaints from consumers about excessive prices. The first investigation dealt with the...

Software Copying for Maintenance or Repair Purposes can be Protected by Copyright Act "Safe Harbor".(Storage Technology Corporation v. Custom Hardware Engineering & Consulting)
September 7, 2005... In a case of first impression, the Federal Circuit Court of Appeals recently held that the "safe harbor" provision of Section 117(c) of the Copyright Act applies to conduct that constitutes "maintenance or repair" of a machine, even if the...

Court Reaffirms FERC's Exclusive Jurisdiction over Wholesale Energy Rates.(Federal Energy Regulatory Commission)
September 7, 2005... On August 22, 2005, the U.S. District Court for the Eastern District of California dismissed a lawsuit by the California Department of Water Resources ("DWR") against Powerex Corp. for alleged price gouging during the California Energy Crisis...

Brinkmanship At 35,000 Feet - U.S. and E.U. Threaten to take Pointless Air Supremacy Battle to WTO.
September 7, 2005... This article was originally published in Blakes Bulletin on International Trade, July 2005 Article by Ken Purchase, [c]2005, Blake, Cassels & Graydon LLP Introduction The U.S. and the E.U. are on the verge of a trade war over large...

Proposed Amendments to the Investment Canada Act.
September 7, 2005... This article was originally published in Blakes Bulletin on International Trade, July 2005 Article by: Jesse Tracey and Cliff Sosnow, [c]2005, Blake, Cassels & Graydon LLP Bill C-59 allows the government to review foreign investments...

New Anti-Dumping Rules Applied By Canada - The "Zeroing" Debate.
September 7, 2005... This article was originally published in Blakes Bulletin on International Trade, July 2005 Article by: Greg Kanargelidis, [c]2005, Blake, Cassels & Graydon LLP Canadian importers applaud policy change that will lower dumping margins....

SEC Release Clarifies Two Insider Trading Exemptions and Eliminates Timely Filing Presumption.(Securities and Exchange Commission)
September 7, 2005... On August 3, 2005, the Securities and Exchange Commission adopted amendments to Rules 16b-3 and 16b-7 to clarify the scope of those exemptions from short swing trading liability (SEC Rel. Nos. 33-8600; 34-52202; 35-28013; IC-27025; File No....

IRS Finalizes New Employee Plan Determination Letter Procedures.(Internal Revenue Service)
September 7, 2005... The Internal Revenue Service (IRS) recently finalized procedures for a new system of staggered remedial amendment periods and new procedures for retirement plan sponsors seeking IRS approval of amendments to file determination letters to ensure...

Private FM Radio Stations: Government of India's Policy on Phase II of Expansion of FM Radio Broadcasting Services.
September 7, 2005... In India, All India Radio - the public service broadcaster, had monopoly on Radio Broadcast, till a couple of years back. In May 2000, the Government of India opened the Sector for participation by the private FM broadcasters and offered 108...

OTS Issues Final Rule Reducing Regulatory Burden.(Office of Thrift Supervision)
September 7, 2005... Originally published September 6, 2005 Contents OTS Issues Final Rule Reducing Regulatory Burden Federal District Court Dismisses Suits Relating to Funds' Failure to Participate in Class Action Settlements FDIC Releases Public...

Capital Gains Tax Consequences Pursuant To A Bequest Releasing A Debtor From A Debt Owed To The Deceased.
September 8, 2005... Since the introduction of capital gains tax it has been a contentious issue whether capital gains tax would arise in circumstances where a testator releases a debtor from a debt owed by the debtor to the testator or where the testator would...

Law As A Catalyst of Economic Change.
September 8, 2005... Article by Hemant Batra* Preface The notion and concept of `Law and Economic Change' needs to be understood in context of the cogent controls which law exerts on the fiscal and economic policies and directs the course of its...

India's trading arrangements with ASEAN.(Association of Southeast Asian Nations)
September 8, 2005... Article by Hemant Batra * "I am never satisfied with the progress, I want things to move faster..." this was said by ASEAN Secretary General, H.E. Mr. Ong Keng Yong to the Business Standard, a business news publication, on the sidelines...

The Emergence of a Major New LNG Demand Market in Asia?(Liquefied natural gas)
September 8, 2005... Article by Peter Roberts and Canice Chan Much attention has been devoted by LNG exporters and project developers to the prospects for growth in the Chinese LNG import market, but many also recognise that this is a nascent market and has its...

Lords Call For Less Burdensome EU Regulation.(European Union )
September 8, 2005... A new Report calls for the EU Institutions and UK Presidency to ensure better regulation initiatives are implemented efficiently to reduce burdens on business and to ensure economic growth. (These initiatives seek to simplify and 'spring...

Insight Magazine - Featuring 'The future of digital radio by Simon Cole UBC Media Group'.
September 9, 2005... Welcome As a board member of the 2012 Olympic committee, I was delighted to be in Singapore for the announcement of the London win. This is not just fantastic news for London but also for the whole country. Not only will the Olympics bring...

Economic Update - More rate cuts are on the way.
September 9, 2005... Today's decision by the Monetary Policy Committee to leave interest rates unchanged after last month's reduction to 4.5% should not be interpreted as a sign that rates are not going to fall again. I think there are three reasons why interest...

In a Setback for Cooperative Federalism, the Ninth Circuit Significantly Expands the Scope of Consultation Under Endangered Species Act Section 7.
September 9, 2005... In Defenders of Wildlife v. EPA, the Ninth Circuit Court of Appeals applied an exceptionally broad view of the reach of the federal Endangered Species Act Section 7 consultation provisions in setting aside the U.S. Environmental Protection...

Life After Dura-Courts Begin to Define Loss Causation in Securities Fraud Cases.
September 9, 2005... The United States Supreme Court's decision in Dura Pharmaceuticals, Inc. v. Broudo, 125 S. Ct. 1627 (2005), left many unanswered questions about securities fraud cases under Rule 10b-5: Must there be a corrective disclosure and a consequent...

Making Stock Option Grants: Will Measurement Date Change Grant Practices?
September 9, 2005... The FASB is at it again. As reported in a prior Cooley Alert, soon all companies, public and private, will need to account for share-based payments (e.g., stock options) based on their fair value at the date of grant. As many companies struggle...

Amendments to Refinancing Concession and Transfer of Mortgages.
September 9, 2005... Refinancing concession The mortgage duty refinancing concession under the Duties Act 1997 (NSW) (Duties Act) has been amended with effect from 1 August 2005 to limit the amount of advances for which the concession is available to $1...

Equity Swaps-Review Panel Confirms No More Secrets! ... At Least on the Austral Facts.
September 9, 2005... The Takeovers Panel (Panel) recently decided that a holding of cash settled equity swaps which exceeds five per cent (by itself or together with physical holdings) needs to be disclosed. The decision related to Glencore's holding of 4.9 per...

IRS Expands Tax Benefits of Employer-Sponsored Donations for Hurricane Katrina Relief.
September 9, 2005... A number of our clients have historically maintained employee assistance and leave-sharing programs to assist co-workers and others in times of crisis. However, there are significant tax restrictions associated with such employer-sponsored...

Licensing for Insurance Producers and Brokers.
September 9, 2005... Originally published September 2, 2005 The Georgia General Assembly amended the insurance code to create new disclosure and licensing obligations for insurance producers. Under Georgia law, the term "producer" is defined broadly enough to...

Defense Procurement Alert: New Export Control Compliance Requirements on the Horizon.
September 9, 2005... On July 12, 2005, the Department of Defense ("DOD") proposed an amendment to the Defense Federal Acquisition Regulation Supplement ("DFARS") which would require parties subject to the DFARS to implement an Internal Controls Programs ("ICP") to...

"Patient Safety and Quality Improvement Act of 2005" Signed into Law.
September 9, 2005... I. INTRODUCTION On July 29, 2005, President Bush signed legislation (Pub. L. No. 109-41) aimed at improving the quality of patient care and encouraging health care providers to voluntarily report medical errors to patient safety...