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Member Publications
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Remedying the remedies
Shepherd and Wedderburn, December 2010, England
Remedying the remedies Born from the free movement provisions of the EU, and reflecting UK Government efficiency objectives, the procurement rules are aimed at ensuring equal treatment and opportunity when public authorities contract for works, goods and services by requiring, in broad terms, a publicised tender process...
| Latin Lawyer Reference -Environment 2010
Carey y Cia., July 2010, Chile
Subject 2010 – Country LatinLawyer Reference LATIN LAWYER THE BUSINESS LAW RESOURCE FOR LATIN AMERICA Reference Environment 2010 – Introduction Rafael Vergara and Paulina Sandoval Carey & Cía As most Latin American countries have begun or begin to celebrate their 200 years of independence, it is time not only to look back but also to look ahead...
| 2010 Financial Reform Legislation: The Impact on Broker-Dealers
Ulmer & Berne LLP, July 2010, Ohio
Act Could Impose Investment Advisor Fiduciary Standard on Broker-Dealers and Put an End to Mandatory Customer Arbitration On July 21, 2010, President Obama signed into law the controversial and much anticipated Dodd-Frank Wall Street Reform and Consumer Protection Act (Act)...
| IP Bulletin
Nutter McClennen & Fish, LLP, July 2010, Massachusetts
USPTO Proposes Three Processing Tracks for Patent Applications The United States Patent and Trademark Office (“USPTO”) recently proposed a “Three-Track” patent application processing system to provide a choice of examination timelines and to reduce application pendency times generally. The proposed three tracks are: (I) Prioritized Examination; (II) Traditional Examination; and (III) Delayed Examination...
| New Law Numbered 3851/ 2010 (FEK A’85/2010)
Concerning The Acceleration Of The Development Of Renewable Energy Sources
A BRIEF SUMMARY
Sarantitis Law Firm, July 2010, Greece
A summary of the new provisions implemented by the law no. 3851/2010- amending the provisions of former legislation no. 3468/2006- regarding the development of the procedures for the renewable energy sources in Greece...
| UK Bribery Act 2010 - the international dimension
Shepherd and Wedderburn, July 2010, England
UK Bribery Act 2010 – the international dimensionThe Bribery Act 2010, which is due to come into force later this year, has international business and activities firmly in its sights. Practitioners who are used to the wide geographical scope of US legislation such as the Foreign Corrupt Practices Act may be surprised by the extent to which, under the Act, the UK courts will seize jurisdiction over offences committed abroad...
| The Government of the Russian Federation increased the asset value of credit organizations for the purposes of antimonopoly control
ALRUD Law Firm, July 2010, Russia
Dear Sirs, On June 1, 2010 the Government of the Russian Federation adopted amendments to the Decree of the Government of the Russian Federation on Establishing Value of Assets of Credit Organizations for the Purposes of Antimonopoly Control No.335 dated May 30, 2007 (hereinafter “Decree on Establishing Value of Assets of Credit Organizations”)...
| Indonesia’s Geothermal Business Legal Framework
Makarim & Taira S., July 2010, Indonesia
The Legal FrameworkIn terms of legal framework, Indonesia’s current private sector development of the geothermal energy business is divided into three separate legal regimes. The first regime started in 1981 under Presidential Decree No. 22 of 1981 amended by Presidential Decree No. 45 of 1991 (“PD 22/1981”) which still continues to apply as it is grandfathered by the later enacted Law No. 27 of 2003 on Geothermal Energy (“Law 27/2003”)...
| The Commission Investment Agreement in Foreign Investment Enterprises
Dacheng Law Offices, July 2010, Mainland China
I. The effect of the commission investment agreement The commission agreement means that the agreement between the actual investor and the trustee about that the trustee instead of the investor becomes the share holder and has the right and obligation of the shareholder...
| Ohio Supreme Court Holds That Employer’s Maternity Leave Policy Is Not Discriminatory
Ulmer & Berne LLP, July 2010, Ohio
On June 22, 2010, the Ohio Supreme Court announced its decision in McFee v. Nursing Care Management of America, Inc., Slip Opinion No. 2010-Ohio-2744, holding that “an employment policy that imposes a uniform minimum-length-of-service requirement for leave eligibility with no exception for maternity leave is not direct evidence of sex discrimination under R.C. Chapter 4112...
| Supreme Court of the United States Limits Scope of “Honest Services” Doctrine in Three Rulings
Ulmer & Berne LLP, July 2010, Ohio
On June 24, 2010, the Supreme Court of the United States issued its rulings in the cases of Skilling v. United States, Black, et al. v. United States, and Weyhrauch v. United States...
| Nutter Bank Report, June 2010
Nutter McClennen & Fish, LLP, June 2010, Massachusetts
Headlines 1. Conference Committee Approves Regulatory Reform Bill 2. Final Guidance Issued on Incentive Compensation Arrangements 3. Borrower’s Bid to Enjoin Home Foreclosure Is Denied 4. Transaction Account Guarantee Program Is Extended 5. Other Developments: Right to Unionize and Supervisory Conversions Full Reports 1...
| Supreme Court Rules That Bilski's Business Method Is Only An Abstract Idea
Nutter McClennen & Fish, LLP, June 2010, Massachusetts
The long-awaited Supreme Court decision on “business method” patents in the case of Bilski v. Kappos was handed down yesterday and, in a rare instance of unanimity, the justices agreed that Bilski’s method of hedging risks in commodity trading was not eligible for patent protection...
| Pharmaceutical and Medical Device Manufacturers must submit first annual Code of Conduct Compliance Filing Form by July 1, 2010
Nutter McClennen & Fish, LLP, June 2010, Massachusetts
This is a reminder. If you are a Pharmaceutical or Medical Device Manufacturer Company (a “PMDMC”) selling your products in Massachusetts, you are likely required to comply with M.G.L. c. 111N, Pharmaceutical and Medical Device Conduct, (“Chapter 111N”) and the regulations found at 105 CMR 970.000. Among other things, this relatively new law requires that PMDMCs make two annual filings with the Department of Public Health...
| 2010 Amendments to Delaware Business Statutes
Potter Anderson & Corroon LLP, June 2010, Delaware
Delaware’s Governor, Jack Markell, recently signed into law bills amending several of Delaware’s renowned alternative business entity statutes, namely, the Delaware Revised Uniform Partnership Act, 6 Del. C. § 15-101, et seq. (“DRUPA”), the Delaware Revised Uniform Limited Partnership Act, 6 Del. C. § 17-101, et seq. (“DRULPA”), and the Delaware Limited Liability Company Act, 6 Del. C. § 18-101, et seq...
| Did the IRS Send You Its Latest Questionnaire?
What You Need To Know About the 401(k) Compliance Check
Potter Anderson & Corroon LLP, June 2010, Delaware
The Internal Revenue Service is sending letters to 1,200 randomly selected employers who sponsor 401(k) plans, instructing them to complete the 401(k) Compliance Check Questionnaire. The questionnaire must be completed on the IRS website within 90 days of receipt or enforcement action will follow. Employers who receive a questionnaire are advised to respond carefully and take certain precautions...
| Therapeutic Discovery Project Credit
Nutter McClennen & Fish, LLP, June 2010, Massachusetts
The Therapeutic Discovery Project Credit program (the “Program”) was included in the recently enacted federal healthcare reform legislation to encourage investments in new therapies to prevent, diagnose, and treat acute and chronic diseases. Run by the U.S. Treasury Department in consultation with the Department of Health and Human Services, the Program is focused on smaller companies (250 or fewer employees) in the therapeutic discovery space...
| 2010 Amendments to Delaware General Corporation Law
Potter Anderson & Corroon LLP, June 2010, Delaware
For 2010, two bills containing amendments to the Delaware General Corporation Law (the “DGCL”) have been approved by the Delaware legislature and signed into law by the Governor. As discussed more fully below, all amendments will become effective in August 2010...
| 2010 Delaware Environmental Case Law Update
Potter Anderson & Corroon LLP, June 2010, Delaware
On June 16, 2010, W. Harding Drane, Jr. presented an update on Delaware case law to the Environmental Law Section of the Delaware State Bar Association. His presentation addressed recent decisions relating to the Clean Air Act, subaqueous lands, contaminated site liability litigation, duty to defend, corporate dissolution, bankruptcy, disposing of solid waste without a permit and standing...
| Securities and Exchange Commission Update
Ulmer & Berne LLP, June 2010, Ohio
Inability to Pay FINRA Award or Settlement is No Longer a Defense to Failure to Comply Charge On June 2, 2010, the U.S...
| Government of the Russian Federation approved the amendments stipulating liability of the host party for foreign employee
ALRUD Law Firm, June 2010, Russia
Dear Sirs, The Government of the Russian Federation approved the draft bill on amendments to Code on administrative offences of the Russian Federation and Federal Law “On legal status of foreign citizens in the Russian Federation”. According to this draft bill the liability for a foreign citizen will be imposed on the host party...
| Amendments to the legislation concerning foreign citizens
ALRUD Law Firm, June 2010, Russia
Dear Sirs, The amendments to the Federal Law “On legal status of foreign citizens in the Russian Federation” are to come into force on July 1, 2010. These amendments are aimed at facilitation of migration rules for certain categories of employees and at improvement of investment climate in Russia...
| 2010 Health Care Reform Legislation - More Information Released on the New Biotech Tax Credit for Therapeutic Discovery Projects Silent
Ulmer & Berne LLP, May 2010, Ohio
On May 21, 2010 the Department of Treasury (Treasury) unveiled the application process for the small business biotech tax credit or grant (the Tax Credit/Grant) detailed in an earlier U&B Client Alert on this topic (http://tiny.cc/0jlsb). Notice 2010-45 explains that taxpayers must submit their applications on Form 8942 by July 21, 2010. Form 8942 will be released by IRS no later than June 21, 2010...
| In Accommodation Matters, the Employer Must Take into Consideration Both the Rights of the Employee and Those of the Clientele
Lavery, de Billy, L.L.P., May 2010,
Last August, an arbitrator ruled on a dispute in the context of which accommodation measures were sought for the benefit of a person who had in excess of ten years of seniority and no longer held her position, having been absent for nearly three years for physiological reasons...
| Disclosure: A duty to Seek, Not Hide
Shoosmiths, May 2010, England
What is disclosure? It is the stage of a dispute when each party is required to disclose to the other party the documents relevant to the issues in dispute. It normally takes place after each party has set out its position in their statement of case. The purpose of disclosure is to make available to all other parties, and ultimately to the court, evidence which either supports or undermines the respective parties’ cases...
| The New Insurance Block Exemption
Shepherd and Wedderburn, May 2010, Scotland
“Therein the patient must minister to himself” (Macbeth, Act 5, Scene 3) With only seven days to go before the expiry on 1 April 2010 of the previous insurance block exemption, the European Commission adopted a new exemption, albeit in very much reduced form...
| The Future of North Sea Oil
Shepherd and Wedderburn, May 2010, Scotland
The UK is a mature oil and gas province, past its peak, competing for investment in a global market. Nevertheless, there are still huge reserves of oil and gas remaining. Industry association Oil and Gas UK (OGUK) estimates that up to 25 billion barrels of oil equivalent could still be produced from UK waters. To put that in perspective, around 40 billion barrels have been produced to date...
| Public Procurement: When do the procurement rules apply to in-house awards?
Shepherd and Wedderburn, May 2010, England
When reviewing the portfolio of services, authorities are often faced with the question of how it can obtain more value for money for particular services. This usually involves considering whether to outsource a particular service to private sector. Sometimes authorities look to combine their respective operations of a particular service to achieve economies of scale (and/or scope) or to swap capacities or services with each other...
| Supreme Court Update: Class Arbitration Not Warranted Where Arbitration Agreement Is Silent
Ulmer & Berne LLP, May 2010, Ohio
In Stotl-Nielsen S.A. v. AnimalFeeds Internat’l Corp., decided on April 27, 2010, the United States Supreme Court held, in a 5-3 decision with Justice Sotomayor not participating, that class action arbitration cannot be imposed on parties whose arbitration agreement is silent on the question. The decision is a victory for those who want arbitration to remain a lower cost alternative to litigation and who seek to circumscribe arbitrator discretion...
| Nigerian Courts Continue to Develop the Law in Relation to Cabotage
AELEX, May 2010, Nigeria
CASE REVIEW The Federal High Court in the recent case of NOBLE DRILLING (NIGERIA) LIMITED V THE NIGERIAN MARITIME ADMINISTRATION AND SAFETY AGENCY (NIMASA) & THE MINISTER OF TRANSPORTATION, (Suit No. FHC/L/CS/78/2008) provides clarity on Sections 2, 5 and 22(5) of the Coastal and Inland Shipping (Cabotage) Act, Cap. C51, Laws of the Federation of Nigeria, 2004 (Cabotage Act)...
| IP Bulletin
Nutter McClennen & Fish, LLP, May 2010, Massachusetts
Federal Circuit Vacates Earlier Inequitable Conduct Holding to Hear Appeal En Banc On April 26, 2010, the Federal Circuit issued an order vacating its three judge panel holding in Therasense, Inc. v. Becton, Dickinson and Co., a case that was discussed in our March issue...
| Mozambique’s Natural Gas Strategy – a Lever for Development
SAL & Caldeira Advogados Lda., May 2010, Mozambique
Late last year, the Government issued a new National Strategy for the Development of the Natural Gas Market in Mozambique, reflected in Resolution n.° 64/2009 of 02 November (“Resolution 64/2009”)...
| 2010 Health Care Legislation – The New Biotech Tax Credit for Therapeutic Discovery Projects
Ulmer & Berne LLP, May 2010, Ohio
This is the fourth in a series of Client Alerts prepared by Ulmer & Berne LLP attorneys for clients and friends relating to the recently enacted landmark health care reform legislation. Previous related Client Alerts can be found on the Firm’s website at www.ulmer.com under Articles / Alerts...
| A Competition Law Injection into the Health Service?
Shepherd and Wedderburn, May 2010, England
[a version of this article first appeared in the May 2010 Issue of Competition Law Insight] A Competition Law Injection into the Health Service? Introduction The injection of competition and market-based principles into the UK's National Health Service (NHS) during recent years has, to state the obvious, been (and remains) highly controversial...
| Comment on Advocate General's opinion in Akzo- Legal Privilege under EU Competition Law
Shepherd and Wedderburn, May 2010, England
European Court ready to reject privilege protection for in-house lawyers The Court of Justice of the European Union (CJEU) is on course to continue to deny legal professional privilege (LPP) to legal advice given by in-house lawyers in EU competition law investigations...
| Fit Notes: How Do They 'Fit' with RIDDOR?
Shoosmiths, May 2010, England
As of 6 April 2010, the sick note will change and become the fit note, allowing doctors to advise on how employees may be able to return to work. Employers must not be mistaken with how this new regime fits with the existing reporting procedures under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) for over three day injuries...
| Ohio Supreme Court Holds That Evidence of Medical Bill Write-Offs Remains Admissible Under Tort Reform
Ulmer & Berne LLP, May 2010, Ohio
On May 4, 2010, the Ohio Supreme Court announced its decision in Jaques v. Manton*, 2010-Ohio-1838, holding that evidence of medical bill write-offs is admissible in personal injury lawsuits to which R.C. 2315.20 applies. Thus, in awarding damages, the jury is entitled to consider both the billed amount of medical expenses and any reduced amount that the medical providers accept as full payment...
| Mining Law Update - Spring 2010
Lawson Lundell LLP, May 2010, British Columbia
This is Lawson Lundell’s web-based publication dedicated to keeping readers informed aboutdevelopments in Canadian mining law. For more information regarding the articles in thisnewsletter, please contact Chris Baldwin at 604.631.9151 or cbaldwin@lawsonlundell.com orChristine Kowbel at 604.631.6762 or ckowbel@lawsonlundell...
| The United States Supreme Court Narrows the Scope of the “Bona Fide Error” Defense in the Fair Debt Collection Practices Act
Ulmer & Berne LLP, April 2010, Ohio
In Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, decided on April 21, 2010, the United States Supreme Court determined that a debt collector’s erroneous interpretation of the legal requirements of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §1692 et seq...
| The Partnership and the Independent Patrimony of its Partners: the Matter of the Bankruptcy of Ferme C.G.R. Enr. S.E.N.C.
Lavery, de Billy, L.L.P., April 2010, Quebec
On April 16, 2010, the Quebec Court of Appeal issued a judgment concerning the right of a general partnership (“S.E.N.C.”) to file for assignment under the Bankruptcy and Insolvency Act (the “BIA”) without its partners having also filed for the assignment of their assets, themselves...
| What Do Lego Bricks and Scottish Terriers Have in Common?
Shoosmiths, April 2010, England
The answer is that they were both the subject of two recent decisions which shed further light on the ability to register three-dimensional shapes as trade marks. On the face of it, a three dimensional shape may be registered as a trade mark provided it meets the usual criteria (distinctive, non-descriptive, capable of distinguishing goods of one business from another etc)...
| Invoice Recovery in a Difficult Market: Strategy and Options
Shoosmiths, April 2010, England
Maintaining cash flow is a significant challenge in the current economic climate. What started as a 'credit crunch' is now a real squeeze for business - with customers trying to defer payment terms while suppliers apply pressure for earlier payment. Pre-contract Truly effective credit management begins at the pre-contractual stage, as this is usually the point of greatest leverage with the customer...
| Brazilian Labour Courts Sanction Internal Penalties for Social Dumping
Veirano Advogados, April 2010, Brazil
The escalation of fierce competition among companies for more cost effective products and services has raised discussions about Social Dumping, a curious combination of a traditional pure economic concept with labour and employment regulation...
| Investment Opportunities in Costa Rica
Haynes and Boone, LLP, April 2010, Texas
Haynes and Boone, LLP Partner Larry Pascal hosted a seminar addressing important business and legal developments in Costa Rica, including opportunities in the electricity, telecommunications, transporation infrastructure, insurance, outsourcing and the real estate sector...
| 2010 Health Care Reform Legislation
Ulmer & Berne LLP, April 2010, Ohio
On March 23, 2010, President Obama signed into law the “Patient Protection and Affordable Care Act” (H.R. 3590). One week later, on March 30, 2010, the President signed into law the “Health Care and Education Reconciliation Act of 2010” (H.R. 4872), which modified key provisions of H.R. 3590 (collectively referred to as the “Acts”). The Acts will significantly change the nation’s health care system...
| EPA’s Renovation, Repair, and Painting Program: Strict New Regulations for Renovations Involving Lead-Based Paint Become Effective April 22, 2010
Ulmer & Berne LLP, April 2010, Ohio
Beginning April 22, 2010, building contractors, residential property managers, specialty trade contractors, and numerous other building industry professionals will be subject to new, comprehensive regulatory requirements governing renovation, repair, and painting projects with the potential to disturb lead-based paint. EPA’s Renovation, Repair, and Painting Rule (“Rule”) was issued on April 22, 2008, and was implemented in several phases...
| Is Your Website Accessible by the Disabled? The Law Says it Should Be
Shoosmiths, April 2010,
Website owners have had a legal duty to make their websites accessible to the disabled for more than a decade. With the new Equality Act 2010 reinforcing those duties later this year, now is a good time for website owners to remind themselves of their duties and prepare for the new Act...
| Businesses urged to prepare as Bribery Bill becomes law
Shoosmiths, April 2010, England
The Bribery Bill has finally become law, introducing a completely new regime with which British businesses will need to comply. The old law has been widely criticised, with the Organisation for Economic Co-operation and Development stating recently that it was ‘characterised by complexity and uncertainty’...
| Digital Economy Bill set to Become Law
Shoosmiths, April 2010, England
The music, film and broadcast industries look set to get the robust protection from illegal peer-to-peer (P2P) file-sharing they crave, as the Digital Economy Bill moves closer to becoming law. It passed its third reading at the House of Commons on 7 April...
| Liability Caps Include Contractual Interest
Shoosmiths, April 2010, England
The High Court has ruled that contractual interest will form part of any agreed liability cap, but that statutory interest arising from the exercise of the court's discretion will not. In Markerstudy Insurance Co Ltd and others v Endsleigh Insurance Services Ltd, the claimants alleged widespread breaches by the defendant of a number of agreements, causing the claimant to suffer loss of approximately £14m...
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