Mondaq Most Recent Articles-07 February 2012

Determination Of Insolvency According To Turkish Commercial Code Numbered 6102 ("New TCC") Kaçar, Attorneys at Law Balance Sheet Insolvency expresses the situation where the liabilities of a company exceed its assets.	Winds Of Change In South Africa Chadbourne & Parke In 1960 Harold Macmillan made his famous "Winds of Change" speech that was a watershed moment in South African politics and that signaled a seismic shift in attitudes.
Prohibited Practices Webber Wentzel In 2011 the Southern Pipeline cases resulted in the setting a new guidance on the method of calculating administrative penalties for price-fixing contraventions.	Merger Control Webber Wentzel In the 2010/11 financial year 229 mergers were notified to the Commission (up from the 190 mergers notified in the previous year) and 55 mergers were heard by the Competition Tribunal (slightly below the Tribunal's average of 63 mergers per year).
ECJ Decision Offers Foreign Investors Chances To Claim Refunds Of German Dividend Withholding Taxes Cleary Gottlieb Steen & Hamilton Foreign investors should be advised that there is no guidance at which tax office they may claim a withholding tax refund based on the ECJ decision.	California Supreme Court Limits Asbestos Liability For Valve And Pump Manufacturers Cozen O'Connor The California Supreme Court sharply limited asbestos liability for valve and pump manufacturers (and their insurers) in O’Neil v. Crane Co., 2012 WL 88533 (Jan. 12, 2012).
Beware Intestacy! MacRoberts With effect from 1 February 2011, the value of a house which a surviving spouse or civil partner may claim from his or her deceased spouse's/partner's intestate estate has been increased from £300,000 to £473,000.	Regulator Issues Another Financial Support Direction CMS Cameron McKenna LLP On December 21 2011, the Pensions Regulator determined to issue another financial support direction (FSD), this time against 5 companies in the ITV group.
The HR Space: Pay Up! Statutory Termination Can Lead To Common Law Damages Fasken Martineau Following a novel decision at the Ontario Court of Appeal, employers may now be on the hook for more termination pay when employees are laid-off for an extended period of time.	The HR Space: You Can Now Sue For Invasion Of Privacy...Sometimes Fasken Martineau Does the law recognize a right to sue somebody for invasion of privacy? In a landmark ruling in Jones vs. Tsige, Ontario's highest court recently said essentially: Yes, in limited circumstances you can sue for "intrusion upon seclusion".
The Norwegian Budget 2012 Arntzen de Besche Advokatfirma AS The Norwegian Government introduced the State Budget 2012 6 October 2011.	Venturing Into Ambush Marketing And Protecting Sponsorships Requires Careful Planning Venable LLP As football fans turn their attention to the Super Bowl, companies big and small look to grab the attention of these fans by associating themselves with the big game.
No Bargaining Required Over Hospital's Flu-Prevention Policy Fisher & Phillips LLP Recently, an administrative law judge (ALJ) found that Virginia Mason Hospital, which has a collective bargaining agreement with the Washington State Nurses Association, did not violate the National Labor Relations Act.	The QROPS Qnundrum Thomas Eggar Happy new year to you, my dear readers. I hope you had a great Christmas - or 'Winter Festival' as our politically correct friends would have us call it (and which is exactly why I still call it Christmas).
Top 10 OSHA Citations In The Healthcare Industry Fisher & Phillips LLP Each year the Occupational Safety and Health Administration (OSHA) issues hundreds of citations to employers in the healthcare industry.	Who's Afraid Of A Little Snow? Fisher & Phillips LLP Lots of folks may dream of a white Christmas, but healthcare employers often struggle with handling weather-related disruptions, such as snow days in the workplace.
Can A Paid Break Become Unpaid? Fisher & Phillips LLP Acme Corporation's longstanding policy is to give non-exempt employees two 10-minute rest breaks each workday.	Trends In Canadian Securities Class Actions: 2011 Update - Pace Of Filings Grows, Pace Of Settlements Slows NERA Economic Consulting Securities class action filings in Canada reached their highest level to date in 2011, with 15 new filings, according to this newly released edition of NERA's study.
Second Circuit Explains Its Decision Reversing The Grant Of Injunction To Enforce $18 Billion Award Against Chevron Cadwalader, Wickersham & Taft LLP Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction precluding any enforcement activities of an $18 billion judgment against Chevron by native Ecudorians for environmental liability entered by a court (and now affirmed) in Ecuador.	FDA Clarifies Use Of Product Names In Advertising And Promotional Labeling McDermott Will & Emery The U.S. Food and Drug Administration recently published final guidance to clarify the requirements for the use of product names in promotional labeling and advertising for prescription drugs.
IP à la carte: A Caution For Acquisitions Involving Intellectual Property McMillan LLP A recent decision of the Federal Court of Canada1 has reiterated the importance of thorough due diligence in transactions involving intellectual property ("IP") and attention to contractual terms dealing with the transfer of assets which include intangible assets.	Twitter Can Now Remove Tweets By Country Thomas Eggar The micro-blogging service, Twitter, recently announced that they can now 'censor' messages by country. Many in the technology community were shocked by this news as the transparency and free access to information sharing on Twitter was seen as a catalyst for some of the Arab spring revolutionary activity this time last year.
Illinois Attorney General Issues Information Security And Security Breach Notification Guidance Proskauer Rose LLP The Illinois Personal Information Protection Act (PIPA) requires that any "data collector", which includes businesses, universities, governmental agencies or any other entity that deals with personal information, notify Illinois residents in the event of a data security breach.	Mobile Marketing Association Releases Final Version Of Mobile Application Privacy Policy Framework Proskauer Rose LLP After introducing a draft of its Mobile Application Privacy Policy Framework ("Framework") in mid-October for public comment, the Mobile Marketing Association ("MMA") recently released the final version of the Framework.
New Registration Requirements Under The Advisers Act For Non-U.S. Advisers Proskauer Rose LLP The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act), signed into law on July 21, 2010, is a significant reform of U.S. law and regulatory framework governing the U.S. financial markets and industry.	Motorway Privatizations In Turkey And Its Strategic Importance Düzgün & Kırancı Law Office As a consequence of its geologic location, Turkey can be named as a bridge that links Asia, Middle East and Caucasus to Europe. That is why the significance of highways is rising in Turkey because of the intercontinental transportation and commerce.
Advantages Of Establishing A Company's Headquarters In Austria: Part 1 Schoenherr Attorneys at Law Choosing or changing a multinational company's headquarters involves considerations of quality of living and political stability in addition to economic and legal issues.	Demystifying BIM (Building Information Modelling) Fenwick Elliott LLP The Government’s Autumn Statement re-affirmed the Cabinet Office’s commitment to the use of Building Information Modelling (BIM), the purpose of which is to provide a common, co-ordinated source of structured information to support construction projects.
Why Is Equity Protection Ineffective In Hungary? Schoenherr Attorneys at Law The Hungarian Companies Act ("CA") and others have long contained provisions to protect creditors.	Court Puts Baby's Life Before Parents' Beliefs Matheson Ormsby Prentice In September 2011, the Coombe Women & Infants Hospital successfully applied to the High Court for a pre-emptive order, allowing them to carry out an emergency blood transfusion on a premature baby girl.