Mondaq Business Briefing articles from September 2008

Mondaq Business Briefing archives from September 2008

New FASB Accounting Rules On Convertible Debt.(Financial Accounting Standards Board)(Law overview)
September 1, 2008... Issuers contemplating a financing should take note of new accounting guidance affecting certain convertible securities. Cash-settled convertible bonds have been a popular means of financing for issuers because the issuance of these bonds had a...

Recent Delaware Court Rulings Highlight Need For Review Of Director Indemnification Arrangements.(Delaware. Court of Chancery)
September 1, 2008... Two recent Delaware Chancery Court decisions stress the need for private equity funds to consider implementing and/or expanding indemnification arrangements for portfolio company directors. Schoon v. Troy Corporation: Court Allows...

Threading The American Needle: Required Cooperation In Producing Football Games Provides NFL Teams With A Free Pass On Antitrust Scrutiny Of Their Collective Licensing Efforts.(National Football League)
September 1, 2008... The United States Court of Appeals for the Seventh Circuit has held that the National Football League is a single entity for purposes of licensing team trademarks, thus freeing the NFL's licensing decisions from Sherman Act s. 1's...

Is Poker A Game Of Chance? The Australian Position.
September 1, 2008... Overview The recent case of Police v Jones, Police v Ravesi [2008] SAMC 62 confirms that poker involves skill and is not merely a game of chance. Although the outcome of this case was dependent on the specific wording of the South...

Energy And Clean Technology Alert: "Green Jobs" And "Global Warming" Bills Get Patrick's Signature.(Law overview)
September 1, 2008... After signing into law the Global Warming Solutions Act last Friday, Governor Deval L. Patrick today did the same for the Green Jobs Act, legislation that Patrick says adds to the progress in "making Massachusetts a world-class center for...

Environmental, Energy & Resources Newsletter - August 2008.
September 1, 2008... Edited by Barry N. Spiegel In this issue... Ontario's Boreal Forest Protection Initiative Ontario Launches Mining Act Update Process Right-to-know Bylaw on Hold Important GHG Deadline Approaching Fast Lafarge ERT...

Employment Advisory: EEOC Issues New Compliance Guidance On Religious Discrimination In The Workplace In Response To A Dramatic Increase In Charge.(Equal Employment Opportunity Commission)(Law overview)
September 1, 2008... In July, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new section (Section 12) to its Compliance Manual specifically related to religious discrimination in the workplace. Section 12 includes a comprehensive review of the...

Antitrust Advisory: Unions' Exemption From Antitrust Laws Is Not Made Of Steel.(American Steel Erectors, Inc. v. Local Union No. 7)
September 1, 2008... On August 1, 2008, the U.S. Court of Appeals for the First Circuit reversed and remanded the district court's grant of summary judgment for defendant, a local labor union, on Plaintiff's federal antitrust claims in American Steel Erectors,...

Adobe Awarded Remedy: Rathi To Render Damages.(Adobe Systems v. Rohit Rathi)(trademark infringement case)
September 1, 2008... Deceptive Similarity now extends itself beyond trademarks to the realm of domain names as well. While the principles that apply to both are similar, the jurisprudence to extending such principles seems to lie in the fact that web addresses...

Antigua & Barbuda - Denial of United States Visas.
September 1, 2008... A new law was discretely introduced by the United States Government on 29 April 2008 - Denial of Visas to Confiscators of American Property. Under 9 FAM 40.207 Section 2225 of Division G of Public Law 105 -277 the Secretary of State may...

Principles Of Natural Justice Violated By Patent Office Authorities.(Case overview)
September 1, 2008... The Indian Judiciary often witnesses disputes and debates centered around the tenets of administrative law. In a dispute regarding communication of an examination report, the well established principles came up for consideration yet again....

Chipping The Jurisdiction Issue.(trademark infringement case)(K. Narayanan and Anr. v. S Murali)(Case overview)
September 1, 2008... Simple pleasures sometimes invite a steaming brawl. The perfect example of such a scenario is the application for Special Leave to Appeal [K. Narayanan and Anr. v. S Murali, Civil Appeal Nos. 4480-4481 of 2002] that came forth the Supreme...

Dissuasion's Disappearance: DOL Again Retreats On Its PERM "Consideration" Analysis.(Department of Labor)(permanent labor certification program)(Law overview)
September 1, 2008... The U.S. Department of Labor (DOL) has retreated once again from the silly summer brouhaha it sparked on June 2 with the issuance of an ill-advised press release announcing the audit of all corporate clients of the Fragomen law firm. As...

Obligation To Pay Damages.(Case overview)
September 1, 2008... Will increasing a patient's underlying risk impose on a hospital/doctor an obligation to pay damages? Consider the following: 1. A patient has an underlying risk of a heart attack of 10%. Due to negligent treatment, that risk increases to...

Legal Update: Changes To The Off-The-Plan And Refurbished Lots Duty Concessions.(Law overview)
September 1, 2008... The Victorian government has moved to simplify the administration of the off-the plan and refurbished lots duty concessions. The changes should reduce the cost and administrative burden on developers. However, the new record keeping...

Chile Considers Legislation To Modernize Its Insurance And Reinsurance Laws.(Law overview)
September 1, 2008... The Chilean legislature was recently presented with a draft law designed to modernize the insurance and reinsurance provisions contained within Chile's Code of Commerce. If enacted, the legislation would replace Chile's current laws...

Brazil Issues New Regulations Governing Maximum Cession Levels To Occasional Reinsurers.(Law overview)
September 1, 2008... Brazil's insurance regulator, the Superintendency of Private Insurance (SUSEP), recently issued regulations establishing that cessions to occasional reinsurers (see definition below) by Brazilian insurers may not exceed 10% of the total...

SEC To Publish Proposed Roadmap For Use Of IFRS By U.S. Issuers.(Securities and Exchange Commission)(International Financial Reporting Standards)(Law overview)
September 1, 2008... Securities Law Update On August 27, 2008, the Securities and Exchange Commission voted unanimously to release a proposed roadmap for the use by U.S. issuers of financial statements prepared in accordance with International Financial...

Venezuelan Supreme Court Upholds Constitutionality Of Candidate Blacklist.
September 1, 2008... The Venezuelan Supreme Court recently upheld the constitutionality of blocking 272 mostly opposition candidates from running for office on the basis of suspicion of corruption. The court rejected arguments that the blacklist was...

European Privacy Laws A Stumbling Block For ASIC.(Australian Securities and Investments Commission)
September 1, 2008... Nick Hart looks at how European rights to privacy have recently dealt a blow to ASIC's requests in the UK to obtain information for its investigations in connection with the infamous Offset Alpine affair. The Offset Alpine affair ...

Sixth Circuit Makes It Easier For Employees To Get Jury Trials In Title VII "Mixed-Motive" Bias Cases.(White v. Baxter Healthcare Corp.)(Case overview)
September 1, 2008... In its recent ruling in White v. Baxter Healthcare Corp., No. 07-1626 (July 3, 2008), the U.S. Court of Appeals for the Sixth Circuit has significantly lightened the evidentiary burden on an employee to defeat an employer's motion for...

Neverending Story - The Latest In NSW Planning Reforms.(New South Wales)
September 1, 2008... Key Points The first (minor) provisions of the recent NSW planning reforms have begun, but it may take 12 months for the full package of reforms to commence. There's a NSW Parliamentary Inquiry into the NSW planning framework...

Mining Legislation Amendment And Validation Act 2008 (WA) - Prescribed Purposes For Miscellaneous Licences.
September 1, 2008... The Western Australian Parliament recently passed the Mining Legislation Amendment and Validation Act 2008 (WA) (MLAV Act), which introduces, among other things, some important changes regarding the prescribed purposes for miscellaneous...

Back To The Future With NPfIT?(NHS National Programme for IT)(National Health Service and information technology)
September 1, 2008... The last few years have seen a steady erosion of the NHS National Programme for IT (NPfIT) - Fujitsu's recent contract termination in the South, Accenture's withdrawal from North East and East of England, GPSoC, and the new framework for...

National Workers Compensation: Is It Coming?
September 1, 2008... The last four years has seen much speculation about whether or not we will soon find ourselves subjected to a national framework for Workers Compensation. It forms part of the wider debate raging over Federalism. Should the States have the...

Joint Venture Operators Of A Mine Denied Indemnity For Consequential Loss Under Industrial Special Risks Insurance Policy In The Absence Of Physical Damage To Property.(Law overview)
September 1, 2008... A recent decision of the Victoria Court of Appeal underscores the importance of seeking appropriate legal advice when inserting additional clauses into policies of insurance.1 When inserting additional clauses, it is important to ensure...

Earnouts - Creating Tax Complexity.(Law overview)
September 1, 2008... Many agreements for the sale of a business include the payment of an additional amount if the business meets an agreed benchmark in the future is known as earnouts. While it may make commercial sense, earnouts can have significant...

SEC Signs First Mutual Recognition Agreement With Australian Authorities.(United States. Securities and Exchange Commission)
September 1, 2008... Originally published August 27, 2008 Keywords: SEC, mutual recognition agreement, Australian Securities and Investment Commission, ASIC, Superannuation and Corporate Law, securities markets, broker-dealer firms, Australian investors,...

Contracting Under Indian Or English Law: Part 2 - Key Contract Differences.(Indian Contract Act )
September 1, 2008... Introduction This article is the second in a series of three articles looking at some of the key differences between contracts made under Indian law and those made under English law. The articles assume that the reader is familiar with...

Contracting Under Indian Or English Law: Part 1 - The Indian Legal Framework.
September 1, 2008... Introduction This article is the first in a series of three articles looking at some of the key differences between contracts made under Indian law and those made under English law. The articles assume that the reader is familiar with...

IMPORTANT REMINDER! - Section 409A Deferred Compensation Compliance Deadline Rapidly Approaching.
September 1, 2008... The time to bring ALL deferred compensation arrangements into final compliance with new requirements of federal law is rapidly approaching! Failure to act now could result in the imposition of severe tax penalties. Under the new law (known...

FTC Takes Action Against Prerecorded Sales Calls.(United States. Federal Trade Commission)
September 1, 2008... Do you hate prerecorded sales calls? If so, you are not alone. Indeed, the Federal Trade Commission (FTC) has been inundated with complaints about such calls. As a result, the FTC has just announced an amendment to the Telemarketing Sales...

Derogatory Blog Posts Result In A Justified Dismissal.
September 1, 2008... An Alberta arbitration board has recently released a decision concerning the dismissal of an employee as a result of the contents of the employee's online blog site. In this case, an administrative employee in the Alberta Public Service...

Quebec Government Adopts Securities Transfer Legislation.
September 1, 2008... An Act respecting the transfer of securities and the establishment of security entitlements (the Quebec STA) received Royal Assent on June 20, 2008 and will come into force on January 1, 2009. The adopted legislation differs from Bill 47 as...

Supreme Court Of Canada To Consider Limitation Of Liability Clauses In Tender Documents.(British Columbia. Ministry of Transportation)
September 1, 2008... Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation) On July 10, 2008, the Supreme Court of Canada granted leave to appeal and will hear the appeal of Tercon Contractors Ltd. ("Tercon"). Previously, the British...

New Mobile Banking Products Present Opportunities And Challenges.
September 1, 2008... Printed in Wisconsin Community Banking News June 2008 Online banking revolutionized how consumers conduct banking transactions for those who own computers and have Internet access. Although online banking initially stagnated in its...

The Scotch-Scot Scuttle.(Scotch Whisky Association)(Khoday India Pvt. Ltd.)
September 1, 2008... Khoday Distilleries Ltd. (known as Khoday India Pvt. Ltd.) incorporated under the Companies Act, 1956. Manufacturers of whisky under the mark "Peter Scot", a trademark was applied for in May 1968. In its row of litigations regarding its...

VASTU PYRAMID Establishes Stand As Prior User.(Trademark Amendments Act of 1999)
September 1, 2008... Irrespective of being big brands or smaller players, the awareness about protecting one's intellectual property is on the rise. As disputes, forages and court litigations rise, this sphere of law is becoming busier each passing day. While...

Toshiba Moves to SC: Appeal Allowed.(Toshiba Corp.)(TOSIBA Appliances)
September 1, 2008... Toshiba is one of the largest manufacturers of Heavy Electrical apparatus in Japan. The establishment started in the name of Shibaura Engineering Works in the year 1857 and later changed its name to Kabushiki Kaisha Toshiba (for short,...

Key Right Of First Refusal Provision "Ambiguous": Case Sent Back For More Evidence.(Alberta. Court of Appeal)(Canadian Natural Resources Ltd.)
September 1, 2008... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Energy - Oil & Gas/Litigation, August 2008 On August 5, 2008, the Alberta Court of Appeal issued a decision of significance and concern to the...

Canada Concludes FTA And Related Agreements With Jordan.(Free Trade Agreement)
September 1, 2008... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on International Trade, August 2008 On August 25, 2008, the Government of Canada announced the conclusion of free trade negotiations with the...

SPACs Coming To Canada - Toronto Stock Exchange Proposes New Rule To Permit Listings.(special purpose acquisition companies)
September 1, 2008... Copyright 2008, Blake, Cassels & Graydon LLP Originally published in Blakes Bulletin on Corporate Finance, August 2008 Despite a significant slowdown in traditional initial public offerings, the U.S. has experienced significant...

Corporate Manslaughter And Corporate Homicide Act 2007.
September 1, 2008... Background The introduction of the offence of corporate manslaughter (corporate homicide in Scotland)1 in April 2008 was inevitably going to trigger debate - as to whether the offence will provide the panacea for all ills when it comes...

Cyber Insurance In Disarray.(Reprint)
September 2, 2008... Reprinted with permission from the July 2008 issue of Risk Management Magazine. Copyright 2008 Risk and Insurance Management Society, Inc. All rights reserved. To say that the insurance market for computer-related perils is in a state...

Internal Revenue Service Technical Advice Memorandum On Manufacturer's Warranty Risks.(United States. Internal Revenue Service)
September 2, 2008... The Internal Revenue Service (IRS) recently issued Technical Advice Memorandum 200827006, addressing whether manufacturer's original warranty risks covered by reimbursement policies purchased by a retailer constitute insurable risks for...

Directors Exposed To Personal Liability For Sale Of Company.
September 2, 2008... As a result of a controversial Delaware Chancery Court (Court) decision, independent directors now face substantially greater personal risk when selling a company. In Ryan v. Lyondell Chemical Co., the Court refused to grant summary...

Discretionary Will Trusts: Are They Still Useful?(Inheritance tax)
September 2, 2008... Some people have concluded that discretionary will trusts no longer have a place in capital tax planning following the introduction last October of the transferable nil rate band (NRB) provisions. Since last October any NRB allowance which is...

Employment Alert: DOL Issues Proposed Rules To Update Regulations Issued Under The Fair Labor Standards Act.(Fair Labor Standards Act)
September 2, 2008... On July 28, 2008, the U.S. Department of Labor's Wage and Hour Division published a proposed rule that will update regulatory provisions under the Fair Labor Standards Act of 1938 ("FLSA") and Portal-to-Portal Act of 1947 ("Portal Act")....

Weekly Climate Change Policy Update - August 4, 2008.(Clean Air Act)
September 2, 2008... Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher To receive the Weekly Update via email, visit our Sign Up/Subscribe page http://www.vnf.com/news-signup.html Commentary This week's...

Weekly Climate Change Policy Update - August 11, 2008.
September 2, 2008... Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher To receive the Weekly Update via email, visit our Sign Up/Subscribe page http://www.vnf.com/news-signup.html Commentary Energy policy...

Weekly Climate Change Policy Update - August 18, 2008.(National Environmental Policy Act of 1969)(Law overview)
September 2, 2008... Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher To receive the Weekly Update via email, visit our Sign Up/Subscribe page http://www.vnf.com/news-signup.html Commentary In an...

Weekly Climate Change Policy Update - August 25, 2008.
September 2, 2008... Article by Kyle W. Danish, Shelley N. Fidler, Andrea Hudson Campbell and Kevin M. Gallagher To receive the Weekly Update via email, visit our Sign Up/Subscribe page http://www.vnf.com/news-signup.html Commentary Back in July,...

Employment Advisory: U.S. Department Of Labor's Office Of Federal Contract Compliance Programs Unveils New Initiatives For Veterans And Individuals With Disabilities.
September 2, 2008... In July, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) launched two new initiatives designed to help veterans and individuals with disabilities: The Good Faith Initiative for Veterans Employment...

China Releases New Machinery And Electronic Products Import Regulations.
September 2, 2008... Key Points: Definition of EMPs expanded and clarified Rules to be applied more specifically Effective May 1, 2008 China's Ministry of Commerce ("MOFCOM"), Customs and General Administration for Quality Supervision, Inspection...

Compendium Of China National Intellectual Property Strategy.
September 2, 2008... Key Points: Compendium establishes wide framework for enhancing IP protection, enforcement and public awareness Establishment of dedicated IP courts being considered On June 5, 2008 the State Council promulgated the Compendium...

Supreme People's Court Clarifies Several Issues Regarding The Application Of The PRC Company Law.(Case overview)
September 2, 2008... Key Points: Liquidation procedures and rights of creditors further elaborated Increased potential liability for shareholders', liquidation committee and effective controllers On May 19, 2008 the Provisions of the Supreme...

New Fund Operation Attracts US$8 Billion.
September 2, 2008... The Island's enhanced status as a jurisdiction of choice for the blue chip global funds industry is demonstrated by the rapid success of new Isle of Man based operations attracted by the growth potential in this highly competitive area of...

Island's Lead Role In 'Pioneering' LSE Listing.(London Stock Exchange PLC)
September 2, 2008... Corporate services provider SMP Partners has played a lead role in the recent listing of the Isle of Man based Zhaikmunai Limited Partnership on the London Stock Exchange. The holding entity of an independent oil and gas enterprise...

Homes And Communities Agency.(United Kingdom. Housing and Regeneration Act 2008)(Law overview)
September 2, 2008... On the day Parliament rose for its summer recess on 22 July 2008, the long awaited Housing and Regeneration Act 2008 (HRA) received Royal Assent. The HRA has been billed as the most significant change in the funding and regulation of housing...

Liechtenstein - Willingness To Cooperate In Tax Matters.(National Day 2008)
September 2, 2008... Announcement by Hereditary Prince Alois of Liechtenstein atthe National Day celebrations Liechtenstein's National Day also serves the purpose of reflection on the present and consideration of the future. Not unexpectedly, the tax affair...

FDA Confirms Its View On Generic Drug Label Carve-Outs.(Food and Drug Administration)(Drug Price Competition and Patent Term Restoration Act of 1984)
September 2, 2008... The Camptosar[R] decision clarifies questions surrounding whether and to what extent a generic drug applicant must match each of the pioneer drug's labeled uses or whether certain uses of the pioneer drug can be carved out by the generic...

California PUC Remains On The Fence Regarding Unbundled RECS.
September 2, 2008... Until the California Public Utilities Commission decides to address the issue of whether to allow the use of unbundled Renewable Energy Credits (RECs) for purposes of RPS compliance, the only market for unbundled RECs in California is the...

CMS Adopts Changes To EMTALA Regulations In Final 2009 Inpatient IPPS Rule.(Emergency Medical Treatment and Active Labor Act of 1985)(Centers for Medicare and Medicaid Services)
September 2, 2008... In light of the Final Rule, hospitals should assess whether a Call Plan would be helpful to their communities and consider coordination of such efforts with other community hospitals. As part of the 2009 Inpatient IPPS Final Rule (the...

Technology Licences Upon Bankruptcy.
September 2, 2008... Imagine that a critical part of your business is dependent on a software program that you licence from a software supplier. This scenario is not that hard to imagine, because in fact most businesses and other organizations are indeed reliant...

Continuous Disclosure Of Investment Funds.
September 2, 2008... The Investment Funds Branch of the Ontario Securities Commission (OSC) recently issued OSC Staff Notice 81-709 Report on Staff's Continuous Disclosure Review of Investment Funds (Notice). The Notice focused on issues identified by the...

Recent OIG Advisory Opinion Calls Proposed Arrangement Between Physician Groups Potentially Illegal.(Office of Inspector General)(healthcare regulations)
September 2, 2008... In its Aug. 26, 2008 Advisory Opinion, No. 08-10, the Department of Health and Human Services Office of Inspector General (OIG) said a proposed relationship between two physician groups potentially violates the anti-kickback statute. The...

Rolling Stock Leasing: A Clean Bill Of Health For The ROSCOs?(rolling stock operating companies)
September 3, 2008... Summary The Competition Commission has published its provisional findings in its inquiry into rolling stock leasing in the UK. It has provisionally found that certain aspects of the market give rise to competition concerns. Notably,...

National Employment Standards.
September 3, 2008... Further to our Workplace Relations Update - April 2008 ( here), the Government has released its final National Employment Standards (NES) that will apply to all employees. The NES are to replace the Australian Fair Pay and Conditions...

China Adopts Its First Anti-Monopoly Law.
September 3, 2008... Key Points: Requires formal security examination of foreign investors seeking to invest in China-based companies Designed to protect industries key to China's economy State Council issues Provisions on Criteria for Filing of...

Lord Nicholls Rules OK?
September 3, 2008... Like love, 'dishonesty' is something you expect to recognise when you come across it, and that has been the starting point adopted by judges in most of the reported cases in recent years when the issue has arisen. The trouble is, when faced...

HEART Act Affords Greater Protections To Those Serving In Active Military Duty.(Heroes Earnings Assistance and Relief Tax Act of 2008)
September 3, 2008... On June 17, 2008, President Bush signed into law the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). The HEART Act provides tax relief and other benefits to members of the armed forces who are called to active...

Rules On Management Incentives For Listed Firms Tightened.
September 3, 2008... Key Points: Designed to prevent improper stock option gains Major issues related to equity incentives clarified Incentive plans are programs established to give benefits to employees to reward them for improved commitment and...

Legal Costs: Another Stealth Tax?
September 3, 2008... To understand the continuing disputes over claimants' costs in personal injury cases, you need to appreciate where the true cost will fall, argues Andrew Parker. Ultimately the premium paying public will foot the bill for any excesses....

Deadline Nears For Submissions On The Proposed Carbon Pollution Reduction Scheme.
September 3, 2008... Submissions for the Federal Government's Green Paper on its proposed emissions trading scheme must be in by 10 September 2008. Do you want to create offsets? Will you be able to sell them into the Scheme? The Green Paper outlines how...

The Emergence Of Energy Efficiency Target Schemes.
September 3, 2008... While the Federal Government's Green Paper advocates that a cap and trade emissions trading scheme (to be known as the Carbon Pollution Reduction Scheme (CPRS)) will be the primary measure to achieve Australia's greenhouse emission...

For Your Information (ARLC Review Of Privacy Laws).(Australian Law Reform Commission)
September 3, 2008... For Your Information: Australian Privacy Law and Practice is the title of the Australian Law Reform Commission's long awaited report on Australia's Privacy Laws tabled in Federal Parliament on 11 August 20081. By any measure the ALRC's...

What Do Business Owners Worry About At Night?
September 3, 2008... Will we secure a contract so important to our future Will our senior accounts clerk resign tomorrow and how will I replace that person? Will we be able to pay the wages that are required to be paid on Friday? These are issues we...

New System For Securities Over Assets.
September 3, 2008... Personal Property Securities (PPS) law reform - the start of a new chapter in taking security. After one of the longest gestation periods for any proposed law reform, Australia is now substantially down the track towards having a...

D&O Insurance: Liquidators Can't Have Their Cake And Eat It.
September 3, 2008... Liquidators cannot settle with directors and expect to obtain far greater compensation from the directors' and officers' insurance against insolvent trading, as a case last week shows. Nor can liquidators expect to recover under a policy...

Where Is The Law Of Privacy After Mosley?
September 3, 2008... Article by Jonathan Coad (with grateful thanks to Courtney Leffingwell) Introduction There has been much crying "foul" in the press concerning the decision of Mr Justice Eady in Mosley v The News of the World. Most newspapers have...

Vermont Adopts 'Time Of Risk' Approach In Environmental Case.
September 3, 2008... Even as briefing has begun before the Massachusetts Supreme Judicial Court with respect to the issue of allocation, Vermont has joined the growing number of Northeastern states adopting a "time on the risk" approach in long-tail cases. In...

European Commission Probes Allegation Of State Aid For Frankfurt-Hahn Airport.
September 3, 2008... On June 17 2008 the European Commission opened investigations into state subsidies allegedly paid to Flughafen Frankfurt-Hahn GmbH and into agreements with the low-cost carrier Ryanair. The investigations focus on capital increases from...

By Majority (6-1), The Court Has Overruled The Principle In Cook-v- Cook (1986) 162 CLR 376.(Case overview)
September 3, 2008... First published on 29 August 2008. Imbree -v- McNeilly [2008] HCA 40 (28 August 2008) Today the High Court delivered its decision in the matter of Imbree -v- McNeilly [2008] HCA 40 (28 August 2008). It is an important decision....

Curwoods Case Notes - High Court Overturns Cook v Cook.(Company overview)
September 3, 2008... Imbree v McNeilly [2008] HCA 40 Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan and Keifel JJ In Brief An inexperienced driver owes the same standard of care as any other person driving a motor vehicle - to take reasonable care to...