Mondaq Most Recent Articles-20 August 2008

False Advertising FAQ on United States brought to you exclusively from Patterson Belknap Webb & Tyler LLP Frequently asked questions on false advertising.	Labour Law FAQ on Germany brought to you exclusively from Schneider Schwegler Frequently asked questions about Labour law in Germany.
Offshore: Trusts FAQ on Mauritius brought to you exclusively from Multiconsult A definitive guide to the offshore trust market through questions and answers.	Offshore: Funds & Financial Services FAQ on Cayman Islands brought to you exclusively from Walkers Frequently asked questions on funds and financial services in the offshore market.
Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP Can private actions be configured as class actions?	Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP We are charity set up to preserve wildlife and educate the public about it. We are starting a trading operation. We will be selling wildlife related books and other unrelated items to generate income. We expect to make a profit, will this be liable for tax?
Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP What is the effect of confirmation of the plan on the company and on existing creditors and equity holders? Can a plan be enforced notwithstanding objections of creditors?	Insolvency FAQ on United States brought to you exclusively from Duane Morris LLP What practical issues are raised by the need to call present and ex- employees as witnesses in litigation? Can/should an unwilling witness be subpoenaed? What practical steps can a company take to protect its position in this regard?
Court Of Appeal Procedure Curwoods Lawyers A practitioner has a positive statutory duty to assist the Court of Appeal in providing adequate written submissions prior to the hearing of the matter.	Ninth Circuit Nixes Tax Avoidance Strategy Bracewell & Giuliani LLP In a unanimous decision, the U.S. Ninth Circuit Court of Appeals has held that a tribe cannot protect non-Indian contractors from state taxation.
Australian-Chile Free Trade Agreement - The New Freedom! Clayton Utz On 30 July 2008 Australia and Chile signed the Australia-Chile Free Trade Agreement (AC-FTA).	Meaning Of ´Goods Lost Or Damaged´ DLA Phillips Fox The decision in England in Serena Navigation Ltd v Dera Commercial Establishment [2008] EWHC 1036 (Comm) considered the interpretation of Article IV Rule 5(a) of the Hague-Visby Rules.
Workers Compensation & Self Insurance Donaldson Walsh The Rann Government has recently introduced an amending Bill which seeks to amend the WorkCover scheme in response to an independent review of the system carried out by Alan Clayton and supported by actuary, John Walsh.	Labor & Employment Alert: Independent Contractor Agreements Under Attack Barnes & Thornburg Gone are the days of government agencies and regulatory authorities blindly accepting a business classification of individuals as "independent contractor."
Report On The Australian Automotive Industry Released Today. Hunt & Hunt The Australian Government has released today the Automotive Review Final Report. The review was led by the Hon Steve Bracks and is focused on the manufacturing and component suppliers sector of the industry.	FINRA Proposes New Rule 5122 To Govern Member Private Offerings Proskauer Rose LLP The Financial Industry Regulatory Authority, Inc. (“FINRA,” formerly known as the “NASD”) filed with the U.S. Securities Exchange Commission (“SEC”) on June 5, 2008 a proposed rule change to adopt new FINRA Rule 5122 (the “Rule”).
New York Law Now Prohibits Post-Termination Non–Compete Covenants For "Broadcast Employees" Proskauer Rose LLP On August 5, 2008, the Governor of New York signed into law the Broadcast Employees Freedom To Work Act ("new law"), to provide that certain non-compete agreements involving broadcast employees are void and unenforceable as against New York State public policy.	Applications Open For Emission Trading Auction Participation CMS Cameron McKenna LLP Further to the publication of the EU ETS Phase II auction rules on 29 July 2008, DEFRA announced on 15 August that organisations can now apply to become Primary Participants in the competitive element of the UK's auctions for Phase II of the EU Emissions Trading Scheme ('EU ETS').
To The Companies Act 2006 And Its Implementation Dates As At December 2007 Nabarro The Companies Act 2006 reached the statute books in November 2006. The following is a brief practical overview of the key changes to company law that the Act will make and, in some cases, has already made, with an indication of when those changes have, or will have, taken place.	Is Your Company Above Board? ASIC Requirements For Companies Swaab Attorneys A company limited by shares must keep a record of all the shares that it issues. Any changes that affect the company's share structure must be notified to the Australian Securities and Investments Commission.
Good News - Proposed Changes For Temporary Residents And Superannuation Overturned Moore Stephens In May 2008 the Hon Nick Sherry, Minister for Superannuation and Corporate Law, released a consultation paper on payment of temporary residents' super to the Australian Government.	Indefeasibility Of Forged Mortgages In Qld A Qualified Win For The Registered Mortgagee Cooper Grace Ward The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April 2008) involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee.
Treasury Announces Best Practices For Covered Bonds Morrison & Foerster LLP On July 28, 2008 Treasury Secretary Paulson announced the publication of a Best Practices guide for U.S. covered bonds, intended to promote covered bond issuances.	Exact Date Of Termination Scrutinised BPE Solicitors In an Employment Appeal Tribunal case the EAT have concluded that where an employer stopped pay to an employee who was suspended prior to the conclusion of a Compromise Agreement, the date of termination was not the date when pay was stopped.
IP Snapshot - August 2008 CMS Cameron McKenna LLP Bringing you monthly news of key developments in intellectual property law.	SEC Proposals For Credit Rating Agency Reform: Potential Impact On The Asset-Backed Markets Morrison & Foerster LLP On July 1, 2008, the Securities and Exchange Commission (the “SEC”) issued three rule proposals (the “Proposed Rules”) aimed at responding to ongoing concerns regarding the role and importance of credit ratings issued by nationally recognized statistical rating organizations (“NRSROs”).
Defining Hybrid Capital Morrison & Foerster LLP In the current environment of bank recapitalisations, it has never been more important for banks to know what capital-raising tools are at their disposal.	FCC Finds Comcast Violated Internet Principles Dow Lohnes PLLC Today the FCC adopted, on a 3-2 vote, an order that finds that Comcast's management of its Internet services violated the FCC's 2005 Internet Policy Statement and requires Comcast to take remedial action.
Disability Discrimination ´By Association´ Nabarro In a landmark decision, the European Court of Justice (ECJ) has ruled that, in relation to direct disability discrimination and harassment, the European Equal Treatment Framework Directive (Framework Directive) protects against "associative discrimination" (in other words, discrimination against a non-disabled person on grounds of his/her association with a disabled person). (Coleman -v- Attridge Law and Steve Law).	Implementing Strategic IP Protection In Peru And Latin America Jensen & Hughes Consultants, Inc In recent years, Peru as well as its neighbouring countries have modernized its Intellectual Property law by leaps and bounds yet shortcomings remain and effective enforcement of IP law continues to represent a considerable challenge.
Planning For Town Centres: Reopening The "In Town" Versus "Out Of Town" Debate? Nabarro Following the commitment in the Planning White Paper Planning for a Sustainable Future (2007) to review the assessment of proposals outside town centres, the Government has now published draft amendments to Planning Policy Statement 6: Planning for Town Centres (PPS6).	The Peter Brock Case: Yes I Have A Will – Or Do I? Hunt & Hunt After a significant portion of the Late Peter Brock's assets have been expended on legal proceedings, who will ultimately receive the remaining assets remains unresolved.
Corporate And Financial Weekly Digest - August 15, 2008 Katten Muchin Rosenman LLP In March 2007 the Securities and Exchange Commission adopted Rule 12h-6 under the Securities Exchange Act of 1934, revising the criteria for deregistration and termination of reporting obligations for foreign private issuers.	US Adopts Significant Changes To Consumer Product Safety Laws Mayer Brown President Bush has signed legislation significantly overhauling the laws governing the safety of consumer products sold in the United States.
Myth Of The Phoenix Meade King Judgment in First Independent Factors & Finance Limited v Ian Josef Mountford was given by HHJ Lewison on 23 April 2008.	Green Is Not Just The Color Of Climate Conscience Anderson Kill & Olick, P.C. The Clean Energy Act recently enacted by the D.C. Council and signed by the Mayor on August 4, 2008 creates a powerful incentive for owners of all existing and new commercial buildings to make their buildings more energy efficient.
ALRC Report On Australian Privacy Laws DLA Phillips Fox On 11 August 2008, the Australian Law Reform Commission (ALRC) published its final report (Report) on its review of privacy laws in Australia.	Bear Stearns Redux: Ruling Denying Chapter 15 Recognition To Cayman Islands Hedge Funds Upheld On Appeal Jones Day The failed bid of liquidators for two hedge funds affiliated with defunct investment firm Bear Stearns & Co., Inc., to obtain recognition of the funds' Cayman Islands winding-up proceedings under chapter 15 of the Bankruptcy Code was featured prominently in business headlines during the late summer and fall of 2007.