Mondaq Most Recent Articles-06 January 2009

Offshore: Company Formation FAQ on Cyprus brought to you exclusively from Andreas Sofocleous & Co FAQ for company formation in Cyprus.	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.
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?
New Developments In Employment Law Nabarro Carers may now claim disability discrimination against their employers, if they are treated less favourably, or harassed, on the grounds of their association with a disabled person.	"Seagate Shipping Ltd v Glencore International A.G": Commercial Court Decision On Charterparty Dispute B J Macfarlane & Co Those not in the coal and iron ore market may not be familiar with RightShip. This is a ship approval system set up in 2001 and maintained by BHP Billiton, Rio Tinto Shipping and Cargill Ocean Transportation.
Landmark Privacy Judgment Leads To Biggest Privacy Award In English Legal History And Clarifies The Boundaries Of Press Freedom And Personal Privacy Nabarro Max Mosley has won his claim against the News of the World (NoW) for infringement of his right to privacy as a result of an article and pictures the NoW published alleging that Mr Mosley had taken part in sadomasochistic sexual activity with a Nazi theme.	High Court Emphasises The Importance Of Letters Before Action Nabarro In the recent High Court case of Zambia -v- Meer Care & Desai (a firm) & Ors a judgment entered against a defendant for offences related to fraud and corruption was set aside partly as a result of the failure of the Claimant to send a letter before action.
Limmitation Of Liability: Am I Being Unreasonable? Nabarro It is common for contracting parties to seek to limit their liabilities to each other. They do so to try to reduce their potential losses and to give certainty to their financial position in the event of a breach of contract.	EBay Fined In Paris, Vindicated In NY – What Now For "Genuine Fakes"? (France/USA) Nabarro On 1 July 2008, a judge in Paris handed down the most significant judgment to date in the ongoing battle between EBay and some of the world's most famous luxury brands.
Abertis, SEPI, CDTI And INTA To Take Joint Control Of Hispasat Nabarro The European Commission (Commission) has raised no objection to the acquisition of Hispasat by Abertis, SEPI, CDTI and INTA. Hispasat is a Spanish satellite company that sells capacity to telecommunications and audiovisual satellite service providers.	Speech On “Consumer Policy Priorities In The Digital Age” Signals Possible Direction Of Future EU Reforms Nabarro On 20 June 2008, Meglena Kuneva, the Consumer Commissioner, made a speech on the Commission's priorities for consumer policy in the digital age.
War Reduced Damages For Wrongful Early Redelivery Holman Fenwick Willan Fairness at the expense of certainty? Richard Mabane discusses the House of Lords' decision in the Golden Victory	Competition Panel’s Report Is Underwhelming At Best Torys LLP The Competition Policy Review Panel’s recent report has commendable objectives, but those hoping for innovative proposals for real reform have been badly let down.
Anti-Arbitration Injunctions And Parallel Proceedings Holman Fenwick Willan What principles does the court apply? Intermet v. Ansol [2007] All ER (D) p.221, and Elektrim v. Vivendi (No 2) [2007] 2 LLR p.8 and Weissfich v. Julius [2006]	AiT And Disclosure Of Mergers And Acquisitions Negotiations Torys LLP The facts and issues at play in the “AiT” case were well-known to the securities law bar long before the Ontario Securities Commission released its decision.
UK Trade Marks – New Procedural Rules Nabarro Important changes to the procedure and administration of the UK trade marks system are expected to come into force on 1 October 2008.	Survival Of The Arbitration Clause – Fraud, Forgery And Bribery Holman Fenwick Willan This is reported at [2007] EWHC 1217 (Comm). This claim concerned how allegations of bribery affected an arbitration clause contained in charterparties.
Premiere And News Corporation Deal Approved Subject To Conditions Nabarro The acquisition of Premiere AG, a German pay-TV operator, by the US News Corporation has been approved by the European Commission (Commission) subject to conditions.	No Objection To Takeover Of Horizon Technology Group By Avnet Nabarro The European Commission (Commission) has raised no objection to the takeover of Horizon Technology Group (Horizon) by Avnet.
Nowhere To Hide: First Criminal Cartel Convictions Under The Enterprise Act 2002 Nabarro On 11 June 2008, nearly five years after the introduction of the Enterprise Act 2002 (“the Enterprise Act”), the first UK prison sentences for cartel activity were handed down to three individuals at Southwark Crown Court.	Money Laundering – Pension Exemption Nabarro We have in recent months reported that some pension scheme trustees, acting by way of business, may be required to register with HMRC for money laundering purposes.
Can A Bumper Sticker Get You Bumped? NLRB´s General Counsel Issues Guidelines On Political Advocacy Littler Mendelson Employers across the country were suddenly forced to address the issue of political advocacy in the workplace when rallies were held on May 1 of last year to protest U.S. immigration policies.	ECJ Makes Key Ruling On Access To Legal Advice Under Public Access Regulation Nabarro The European Court of Justice (ECJ) has made a key ruling which provides that applicants under the Public Access Regulation (1049/2001) are entitled to see copies of the legal advice given to the EU Council regarding proposed Directives.
Reckitt Benickser Rickety In High Court: Pending Proceedings In Place LEX ORBIS Reckitt Benickser in an attempt to transfer proceedings pending forth the Controller, moved to the High Court of Delhi vide “Reckitt Benickser Australia Pty. Ltd. and Anr. v. R.N. Impex and Ors.” [2008 (37) 262 (Del)].	IPAB Says: Procedural Requirements To Be Followed For Dispensation Of Justice LEX ORBIS The question of interpretation of law to ensure that no miscarriage of justice ensues from the verdict has been up for consideration of the courts on many an occasion.
No Smoke, No Fire: Clock On Architectural Copyright Claims Tolled Absent A "Triggering" Event McDermott Will & Emery In a recent decision addressing when the clock begins to run on the statute of limitations for actions to enforce copyrights in building designs, the U.S. Court of Appeals for the First Circuit held that public visibility of the structure may not be enough—there must be "smoke" on the horizon (or its equivalent) to recognize the fire.	Murder On Antigua Information Management Solutions Sadly, the tragic death of two young people, who had chosen Antigua as their honeymoon destination and who were murdered in their luxury hotel room during the early morning hours of July 29th comes as no surprise to those who have witnessed the decline of Antigua over the last decade.
Copyright Infringed When Small Portion Of Work Used If It Constitutes "Heart" Of Work McDermott Will & Emery Addressing a factually complex copyright dispute and a laches issue of first impression, the Eleventh Circuit affirmed in part and reversed in part a district court ruling that the Church of Scientology (the Church) did not infringe a salesman's copyrighted book used in the Church's seminars.	Assault On The Shrine: The Demise And Possible Revival Of The Attorney-Client Privilege Fried Frank Harris Shriver & Jacobson Recent Congressional testimony summarized the results of the federal government’s sustained assault on the attorney-client privilege over the past decade:
Unlike Inspector Clouseau, Pink Panther Heirs Fail To Stumble On Favorable Theory McDermott Will & Emery The U.S. Court of Appeals for the Ninth Circuit recently affirmed a decision against the heirs of the man who created the Pink Panther and granted copyright ownership to Metro-Goldwyn-Mayer Pictures Inc. Richlin et al. v. Metro-Goldwyn-Mayer, et al., Case No. 06-55307 (9th Cir., June 19, 2008) (Wardlaw, J.).	The Bubble Bursts For O2 McDermott Will & Emery The European Court of Justice (the ECJ) ruled that O2 Holdings Limited and O2 (UK) Ltd. could not rely on their trademark rights to prevent the use of bubble imagery in a comparative advertisement by Hutchinson 3G UK Limited, as the advertisement was not misleading and did not cause confusion as to the origin of the services being offered.
Summary Of Regulations Enabling Exempt Private Trust Companies To Be Established In The BVI Walkers The Financial Services (Exemptions) Regulations, 2007 came into effect on 1 August 2007.	Intrinsic Evidence Forecloses Broad Claim Construction; Estoppel Forecloses Infringement McDermott Will & Emery Ruling that patent claims must be read in the context of the written description and the prosecution history, the U.S. Court of Appeals for the Federal Circuit affirmed a construction which limited a claim term to embodiments described in the patent's specification.