by Bryan G. Scott and Elizabeth K. Strickland Few areas of law have proven more dynamic over the last few years than the interplay between state tort laws and the federal regulation of pharmaceutical drugs and medical devices ...
The House of Lords has made it easier for claimants to show that they are "disabled" and thus protected under the Disability Discrimination Act 1995 ("DDA"). Employees are only protected under the DDA if they can show that they are "disabled". This word has a specific legal meaning: "a person has a disability .. ...
A recent Court of Appeal case has cast doubt on the value of such 'non-waiver' clauses. When a party to a contract waives a breach of that contract by the other party, it voluntarily abandons its legal rights to enforce the contract, or to claim any remedy, in relation to that breach. A waiver must be clear, but may be oral or written. Importantly, a waiver need not be express, but can be inferred from a course of conduct ...
The Australian Competition and Consumer Commission (ACCC) has recently issued proceedings against a franchisor and its director for allegedly engaging in misleading and deceptive conduct, in breach of section 52 of the Trade Practices Act (TPA). Various breaches of the Franchising Code of Conduct (Code) have also been alleged ...
We are increasingly being asked: “Is it more likely that individuals rather than companies will be prosecuted under the new Health and Safety Offences Act 2008?”. The new Act, which came into force in January 2009, did not introduce any further duties on either organisations or individuals, but it did dramatically increase the penalties that can be imposed for breaches of existing health and safety legislation ...
One of the most talked about eHealth initiatives is the introduction of a national electronic health record for all Australians. Having a centralised database of electronic health records will greatly improve access to accurate and up-to-date data by health care workers, including doctors, hospital staff and emergency service providers ...
In early 2008, 'green computing' and the idea that companies were going to need to implement new measures to improve their green credentials was one of the hot topics in IT. You might have been forgiven for thinking that environmental concern would be among the first casualties of the credit crunch and the resulting recession ...
1- What is the structure of the civil court system? The Portuguese judicial system is complex and the competence of each type of court is defined considering the nature of the dispute to be settled. The main division established is between judicial jurisdiction and administrative and tax jurisdiction. The territory is divided for judicial purposes and normally each municipality has its own judicial court with generic competence ...
1. The court system What is the structure of the civil court system? In Italy there are three levels of courts: first-instance courts (justices of the peace and tribunals); second-instance courts (courts of appeal for judgments rendered by tribunals, and tribunals for judgments rendered by justices of the peace); and the Court of Cassation (Supreme Court) ...
Virtually every business has some sort of website or presence on the internet, and it is often an integral part of the business. At the same time, many organisations use bespoke or customised software internally on a day-to-day basis, and undoubtedly attribute significant value to these assets, not least because the development of them probably required a significant investment via a third party developer providing the software ...
A campaign that ran throughout March has been extended into April, and will focus on refurbishment, repair and maintenance works. Statistics show that more than half of workers who died on construction sites in recent years were working on refurbishment projects ...
Last year, the European Commission initiated an inquiry into the pharmaceutical industry, claiming that there were indications that competition in the industry was not working as well as it should. Although responses to the preliminary report have been rather critical, from both the legal community and the industry itself, there are a few conclusions worth noting ...
Software is part of the day-to-day fabric for most companies. And almost everyone who uses it does so with little or no thought about what happens should it fail, or if it is no longer available. However, the prudent software buyer will consider how to protect against failure of critical or bespoke software, which is where escrow may come in. Be warned, though ...
With the credit crunch likely to affect every aspect of the global economy, the prospect of declining revenue threatens to erode the profitability of many businesses. So the challenge is to preserve cash and cut costs. But how does this affect IT? Cutting back on IT projects is not necessarily an option. Software is the engine of the modern enterprise. Indeed, for many organisations it is their primary source of competitive advantage ...
What is spamdexing? The Internet contains a lot of information. In 2002, the total number of web pages was estimated at 2.024 million; by 2005 this estimate had risen to 11.5 billion2. The ever- increasing amount of information found on the Internet also has disadvantages. In this jungle of information, it is getting harder and harder to see the wood for the trees ...
Mind Your Belgian Distributor! FAQ on the Belgian Law of 27 July 1961 on the Unilateral Termination of Exclusive Distribution Agreements of Indefinite Duration. Belgium is one of the very few countries in the world with a specific legal regime for the termination of certain distribution agreements, in addition to a law on agency contracts ...
GENERAL 1. How can the government’s attitude and approach to internet issues best be described? The attitude of the Belgian government can be described as positive and their approach is proactive. In 2003, the Belgian authorities announced the introduction of ‘e-government’. The most important initiatives were the introduction of electronic identity cards (e-ID) for all Belgian citizens over 12, and the federal government’s information web-portal ...
While they are an integral part of most businesses - often with a primary function of delivering cost savings and efficiencies - they must be kept up-to-date to ensure they achieve those aims. So now is a good time to undertake an IT systems review, and look at consolidation and streamlining. Changes to business structures, acquisitions and a system's age are other triggers for an IT stock take ...
Six months on from the implementation of sections 20 and 21 of the Road Safety Act 2006, and occupational road safety remains a significant cause for concern for employers. The Act introduced two new offences of causing death by careless driving and causing death whilst unlicensed, disqualified or uninsured, with offenders finding themselves facing up to five years’ imprisonment for what could be a momentary lapse of concentration ...
What Happened Last week, the chairman of Satyam Computer Services Ltd., India's fourth largest information technology company, admitted to a stunning fraud. Fraudulent entries in the company's financial statements totaled in excess of US$ 1 billion, as compared to the actual financial state of the company. In response to the fraud, DSP Merrill Lynch Ltd., a local affiliate of Bank of America Corp ...
A new regulation has been issued by the Minister of Health, namely Regulation of the Ministry of Health No. 1010/MENKES/PER/XI/2008 regarding the Registration of Medicines (“Regulation 1010/2008”). Regulation 1010/2008 revokes previous Ministry of Health Regulation No. 949/Menkes/Per/VI/2000. Under Regulation 1010/2008, a medicine to be distributed in Indonesia must first be registered before a Distribution License (Izin Edar) can be applied for ...
The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages. The Supreme Court's decision was expected and will have a major impact. Indeed, this decision imposes a burden that will be almost impossible for businesses to meet ...
Anybody who has ordered their Christmas shopping online or installed software will have encountered so-called 'clickwrap' agreements. With clickwrap, before being able to complete the order or install the software, you must indicate acceptance of the service provider's terms and conditions – with a simple click on the I agree button – before being able to proceed. This is the stark choice of “take it or leave it” for the digital age ...
On May 22, 2008, the Supreme Court of Canada rendered its decision in a case involving the notion of reasonable foreseeability in negligence actions. This judgment, written by the Chief Justice, confirms that tort law must compensate harm done on the basis of reasonable foresight, and must not be considered as insurance ...
Commercial disputes in the United Arab Emirates (UAE) are generally resolved through litigation in the courts or arbitration. Arbitration is becoming an increasingly popular way to resolve disputes. The UAE recently signed the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention). General overview and court structure The UAE is a federation of seven Emirates established in 1971 ...
