Mondaq Most Recent Articles-03 September 2010

Do We Have Enough Rich People to Tax Them Out? Ţuca Zbârcea & Asociaţii The de facto insolvency of Romania’s budget pushes politicians to propose the reinstatement of progressive taxation on individuals’ income
Draft Decree on Issuance of Government Bonds Mayer Brown JSM A decree on issuance of Government bonds, Government-guaranteed bonds and local administrations' bonds has been drafted ("Draft Decree") to provide guidelines on implementation of the Law on Public Debt Management adopted by the National Assembly of Vietnam in June 2009.	Draft PPP Regulations Mayer Brown JSM Vietnam has an urgent need to upgrade and develop its infrastructure. However, having attained middle income status, the nation is likely to receive less official development assistance in the coming years.
Pension Reform - The Time Has Come, The Time is Now Arnstein & Lehr LLP As Dr. Seuss once famously wrote (Marvin K. Mooney, Will You Please Go Now), "THE TIME HAS COME, THE TIME IS NOW". Good faith efforts to bargain with Chapter 9 of the Bankruptcy Code in the foreground must begin now if we want to emerge from this financial crisis.	Health Care Reform – New Claims and Appeals Requirements Franczek Radelet P.C. As mentioned in a previous alert, group health plans will be subject to new claims and appeals requirements under the Patient Protection and Affordable Care Act (PPACA), signed into law on March 23, 2010, as modified by the Health Care and Education Affordability Act of 2010 ("Reconciliation Bill" and combined, "Health Care Act").
Extracting Super Taxes Down Under Macleod Dixon LLP Recent statements by Prime Minister Kevin Rudd’s government to impose a super tax of 40% on profits of mining projects in Australia from July 2012, have created much consternation among mining executives and investors in Australian mining companies.	Recent OSHA and Congressional Initiatives Focus on Enhancing Workplace Safety Blank Rome LLP Employers in all industries should be aware that the Occupational Safety and Health Administration ("OSHA") of the United States Department of Labor has recently undertaken several new initiatives, including a Severe Violators Enforcement Program (SVEP), and that Congress is considering an enhancement to OSHA's workplace safety requirements by the proposed Protecting America's Workers Act.
The Capital Gains Tax (Cgt) Changes Smith & Williamson Individuals, trustees and personal representatives.	Appeals Court Clarifies Distinction Between Independent Contractor And Employee Ford & Harrison LLP On July 20, 2010, the Minnesota Court of Appeals issued a decision that clarifies the standard for determining whether certain workers are properly classified as employees or independent contractors.
Defra Consults on revised WFD DMH Stallard Recently Defra began consulting on the Waste (England and Wales) Regulations 2010. These Regulations bring the revised EU Waste Framework Directive (WFD) into effect and should be in force by December of this year.	Householder Fines Abolished But New Fines On Business Proposed DMH Stallard Environment Secretary, Caroline Spelman, announced recently that the proposed Decentralisation and Localism Bill will remove local authority powers to trial ‘pay-as-you-throw’ tax schemes.
Empowering Local Authorities DMH Stallard The Energy Secretary, Chris Huhne, announced recently that he is to press ahead with plans to lift the restriction on local authorities selling their own electricity, an idea introduced by the outgoing Labour Government earlier this year.	Diversity In Australian Boardrooms: The ASX Diversity Guidelines Middletons In recognition of the problem that women are poorly represented on boards and in senior management positions, the ASX has followed the lead of other major stock exchanges around the world and introduced guidelines designed to increase diversity in Australian boardrooms.
Legal Issues on IT Outsourcing of Financial Institutions King & Wood With the recent development of the service outsourcing industry, an increasing number of financial institutions (including banks, securities companies, insurance companies and fund management companies) use financial service outsourcing to reduce costs, enhance core competitiveness, and accomplish strategic goals.	Full Federal Court Confirms The Luxury Car Tax Applies To Hummer Vehicles Hunt & Hunt The Full Federal Court of Australia has upheld the Federal Court’s decision that the "Hummer", and potentially other vehicles not fitting within the traditional description of "luxury car", will now be subject to the luxury car tax ("LCT") on top of GST and other customs and excise duties wherever applicable.
Aircraft Accidents, Carrier Liability and Limitation Issues DLA Phillips Fox A number of recent decisions in the Supreme Court of Queensland relate to personal injuries claims arising from accidents associated with aviation. One concerned the definition of an ‘accident’ under the Civil Aviation (Carriers Liability) Act 1959 (Cth) and the other two dealt predominantly with issues concerning assessment of damages.	Skype Admits Tto Losing Trade Mark Battle with Matthew Arnold & Baldwin Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s brand is too similar to its own.
OFT Takes Action Against Websites That 'Misled' Consumers Into Paying a Fee for Free European Health Card Matthew Arnold & Baldwin The Office of Fair Trading has taken action against five websites that the OFT allege misled consumers into paying a fee for a free health card.	New Ruling on Accounts Warranties Appears to Favour Sellers Matthew Arnold & Baldwin The terms of the sale of a company’s shares are usually documented in a share purchase agreement (SPA). An SPA will typically list various warranties given by the seller to the buyer.
July 2010 Update on Insurance Coverage for Chinese Drywall Claims Bradley Arant Boult Cummings LLP Since our April 2010 update, activity in Chinese drywall litigation has intensified, culminating with the first jury trial verdict in the country.	Form-Based Code: Coming Soon to a Neighborhood Near You Williams Mullen Throughout the country, local governments regulate the use of land in a similar fashion: by mapping out a plan that governs the separation of uses of physical space in the community, and then implementing the plan on a case-by-case basis according to use-specific zoning ordinances.
Texas Case Raises Concerns Regarding Enforceability of Non-Compete Covenants Against Physicians Bradley Arant Boult Cummings LLP On July 9, 2010, the Court of Appeals of Texas issued a noteworthy opinion that may jeopardize the enforceability of certain "covenants not to compete" in the State of Texas, as applied specifically to physicians.	Cyber-Fraud: Don’t Be the Next Victim Williams Mullen Let’s face it - we live in a digital world where electronic and online transactions are a part of our everyday lives.
A Compilation of Non-Enforcement Actions – August 2010 Foley & Lardner The SEC proposed regulations that will replace Rule 12b-1 with new regulations "designed to enhance clarity, fairness and competition when investors buy mutual funds," according to SEC Chairwoman Mary Schapiro.	Public Sector Equality Duty Consultation Launched Matthew Arnold & Baldwin A consultation paper on the public sector equality duty under the Equality Act 2010 has been launched by the Government Equalities Office.
Case Rules in Favour of Lender (Again) Matthew Arnold & Baldwin His Honour Judge Waksman has delivered another judgment in favour of lenders.	eDiscovery & Information Governance - Do You Know Where Your Email Is? Williams Mullen If you have ever been involved in litigation, you know that the process of finding, collecting, reviewing and producing the evidence that supports your case is often difficult, lengthy and expensive.
Latest Pensions Law Developments - Your Quarterly Summary CMS Cameron McKenna LLP Trustees of occupational pension schemes now have a statutory duty to ensure that they have an adequate knowledge and understanding of the legal issues relevant to their scheme.	Guernsey Film Seminar to Showcase ‘One-Stop Shop’ Solution GuernseyFinance Guernsey and UK industry experts will be presenting in London during September to showcase the Island’s ‘one-stop shop’ solution for tackling the financial aspects of film making.
The Federal Circuit Rejects Attempt to Narrow Standing Requirements for False Patent Marking Claims under 35 U.S. C. 292 Fenwick & West LLP Yesterday, the Federal Circuit rejected a procedural attempt to stem the recent flood of "false patent marking" lawsuits.