Over the course of 2012, on at least three occasions the Federal Circuit has found anticipation in a situation in which previously the invention would have merely been viewed as obvious:(1) where the prior art merely proposes the steps of the method, without knowledge of whether those method steps will achieve any result, much less the result claimed in the therapeutic method; (2) where the prior art discloses a broader range without providing a “pattern of preference” for a later-claimed narrow
While arbitration offers an excellent means for parties to get their disputes settled faster than in traditional courts, how you draft the arbitration clause in a document is critically important for a positive outcome – should a dispute arise. Legal agreements often have a clause indicating that parties agree to settle any disputes arising from the arrangement in arbitration ...
On June 14, 2012, the Quebec Court of Appeal confirmed the validity of the second paragraph of section 56 of the Act Respecting Industrial Accidents and Occupational Diseases1 (hereinafter the “AIAOD” or the “Act”)2. Although this paragraph establishes a distinction based on age, the Court of Appeal is of the opinion that it is neither invalid nor discriminatory. The Court came to this conclusion in particular because the appellant, Mr ...
With two Congressional Decrees approved in February and March 2012 (“Ley Antievasión II” (Decree 4-2012), and “Ley de Actualización Tribuaria” (Decree 10-2012) respectively), Congress introduces several reforms to the Guatemalan Tax System through extensive amendments to the Tax Code (“Código Tributario”) and other tax laws. The most notorious and substantial reforms affect the VAT Law, the Tobacco Tax Law, the Tax Code, and Income Tax Law ...
As the U.S. involvement in conflicts around the world continues to draw down, hundreds of thousands of veterans are returning to the civilian work force. In fact, more than 100,000 troops are estimated to return to the workforce in the next three years. Many of these service members were employed in the private sector prior to their military service. The Uniform Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq ...
The Centers for Disease Control has ranked West Virginia as having the third highest percentage of obese adults in the United States, and the percentage of obese adults in Virginia, North Carolina and Pennsylvania rival that of West Virginia. Such a high percentage of overweight adults renders the possibility that obesity could become a protected class, and thus could become an issue to all employers ...
The United States Supreme Court has recently armed employers with two new defenses while settling an issue that may otherwise have been of fairly limited direct interest to most employers. The Court resolved a recent circuit split – the issue was largely resolved until 2009 regarding whether pharmaceutical representatives qualified as outside salesmen under the Fair Labor Standards Act ...
A number of laws and regulations have been promulgated in the past few years to introduce a series of changes to the PRC Labour Law, among which the key legislations are the PRC Labour Contract Law effective on 1 January 2008 and its detailed implementing regulations effective on 18 September 2008 ("Laws") ...
The employer, Centre Jeunesse de Montreal - University Institute (Hereinafter the "Centre") adopted a dess code as well as a piercings, tattoos and personal appearance policy for its employees (Hereinafter the "Policy") Although the validity of the policy was contested by the CANADIAN UNION OF PUBLIC EMPLOYEES, local 4268 (Hereinafter the "Union"), the arbitrator, Mr ...
On August 9, 2012, the Supreme Court of Canada granted the application for leave to appeal filed by Vivendi Canada Inc. against the decision rendered in February 2012 by the Québec Court of Appeal. This decision authorized Mr. Michel Dell’Aniello to bring a class action against Vivendi Canada Inc. in connection with revisions made unilaterally by Vivendi Canada Inc. to the group medical insurance benefits plan for retirees ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class,the employer must make an adverse employment decision, and the employermust act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and the employer must act based on the plaintiff’s protected status. And, for the most part, employment lawyers have mastered the art of defending clients against these claims and advising on strategies and policies to avoid them altogether or minimize the likelihood of success ...
Under what condition will an offshore trust still fall within your government’s tax net? Offshore trusts may be established and managed in many jurisdictions. In most countries personal taxation is based on residence. The question often asked is what the residency of an offshore trust established by a resident of a certain country is. In the case recently reported in Canada “Fundy settlement, Canada, 2012 SCC 14” (Tim Gestnick – The Globe and Mail Apr ...
No, it is not a nice Mediterranean dish! The Foreign Account Tax Compliance Act (FATCA) is the newest piece of legislation from the US which should ensure and enforce the correct declaration and payment of taxes owed by US tax payers. The bill was passed in March 2010 whereupon the proposed regulations were presented on February 8th, 2012. The act should come into effect through several steps from January 1st, 2013 to January 1st, 2017 when full reporting requirements will be in force ...
Geography, History & Economy The country of Belize is located on the Caribbean coast of northern Central America. Bordered to the North by Mexico, South and West by Guatemala and East by the Caribbean Sea, Belize forms part of Central America and the Caribbean ...
Although Cyprus usually tends to be associated with company formation (in an international tax planning context), Cyprus has an efficient trust legislation in force. The latest legal reform of trusts has enhanced the appeal of Cyprus International Trust (CIT) to both professionals and high net-worth individuals.Legislation and Legal Requirements CITs used to be governed by the International Trusts Law of 1992 ...
In Sir Arthur Conan Doyle’s short story Silver Blaze, Sherlock Holmes noticed that the guard dog for a famous racehorse did not bark on the night that the horse disappeared and its trainer was found murdered on the moor. 1. Holmes correctly deduced from this that the dog must have known the killer. 2 Inspector Gregory of Scotland Yard overlooked the same clue when he earlier accused a stranger of the murder ...
Employers who consider arrest and conviction records when making employment decisions should be aware that the Equal Employment Opportunity Commission (the "EEOC") has issued new enforcement guidance regarding the issue ...
Third Amendment to the Employment CodeLaw 23/2012, which was published on 25 June, introduces the third amendment to the Employment Code. The new legislative text results, to a great extent, from the commitments made by the Portuguese State in the Memorandum of Understanding of 17 May 2012, and its aim is to improve employment legislation by updating, organising and speeding up processes ...
On 20 June 2012, the Court of First Instance (in proceedings brought by the Securities and Futures Commission ("SFC")) ordered Hontex International Holdings Company Ltd ("Hontex") to make a repurchase offer to about 7,700 investors who had subscribed for Hontex shares in the initial public offering in December 2009 or purchased them in the secondary market during the 3 months after its shares were listed (by then the present action was taken by the SFC) ...
In a previous newsletter (no. 1, April 2012) we described the Swedish government’s proposal on limitation of interest deductions. The bill was circulated for comments, which has now resulted in an amended proposal which, as a whole, follows the initial proposal. The most significant change in the amended bill concerns the reversed general exemption ...
The question of liability for the work environment is increasingly in focus as are the demands on those parties who are responsible for knowing what applies and for taking action in accordance with these demands. Below, we address two aspects of the work environment issue and the importance of both investigating and being aware of the applicable provisions. I ...
Employers and employees in B.C. will soon benefit from a long-awaited and wide-ranging overhaul to the Pensions Benefits Standards Act (PBSA). Significant changes to how pensions are structured and administered in B.C. have followed the passing of Bill 38 on May 31, 2012. The Bill repeals and replaces the PBSA, which has remained largely unchanged since it was first introduced in 1993 ...
In a recent decision, Jean C. Omegachem Inc.1. The Court of Appeal answered that question by ruling that an employee's refusal to sign a non-competition agreement during employment, which had been discussed when the employee was hired but presented to him three years after commencement of employment, is not a just and sufficient cause for dismissal ...
