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by M. Ann Bradley, as published in IOGA of West Virginia newsletter, October 2010       There appears to be an increasing trend among certain regulatory agencies to issue policies or guidance when a change in some regulated activity is needed or desired, rather than undertaking formal rule-making procedures to adopt such a change ...

Pressure for change is building in the water sector. The industry is one of the country's largest energy users (it takes a lot of power to move and clean water) and reducing that use is an important step in meeting climate related targets. Concerns about the affordability of charges for some customers are increasing whilst European legislation is driving environmental standards up, protecting our vital resources but demanding ever increasing spending to do it ...

Shoosmiths LLP | September 2010

IT projects: It’s a team game 28 September 2010 IT projects have a knack of over-running for significant periods, requiring ‘out-of-scope’ changes half way through, and consequently going over budget. Although any project will develop and evolve over time, such problems can be minimised through sensible project management methods. It is not uncommon for IT projects to last several months, if not years, from conception to completion ...

Lavery Lawyers | September 2010

OBVIOUSLY, AS REGARDS THE MINING INDUSTRY, QUÉBEC WILL NOT BE THE ONLY JURISDICTION IN WHICH ACTION IS EXPECTED AFTER THE SUMMER BREAK. WHILE THE PARLIAMENTARY COMMISSION CONTINUES REVIEWING BILL 79 AMENDING THE MINING ACT (QUÉBEC)(1), OTTAWA IS NOT OUTDONE AS THE HOUSE OF COMONS MUST PROCEED WITH THE THIRD READING OF BILL C-300 (THE “BILL”) ENTITLED: CORPORATE ACCOUNTABILITY OF MINING, OIL AND GAS CORPORATIONS IN DEVELOPING COUNTRIES ACT ...

ALTIUS/Tiberghien | September 2010

Getting the Deal Through - e-Commerce 2011 Getting the Deal Through published a fully revised and updated seventh edition of e-Commerce, a volume in GTDT's series of annual reports published by Law Business Research. This  publication provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people ...

Pellerano & Herrera | September 2010

New Dominican Electricity Law Promotes Private Investment By Luis Pellerano In recent years, the Dominican Republic has enacted a wide variety of new laws intended to enhance foreign investment in the country. These include new tax, foreign investment and environmental statutes. Recently, the government enacted a new general law of electricity ...

DORDA | September 2010

Social networks: Hype and its legal consequences published in: WirtschaftsBlatt,Author: Dr. Axel Anderl, LL.m., Mag. Martina Schmid Social networking platforms like Facebook, MySpace or XING are an increasing popularity. It has never been so easy to operate social networking ...

Makarim & Taira S. | August 2010

Under Law No. 4 of 2009 on Mineral and Coal Mining in conjunction with Government Regulation No. 23 of 2010 on Mineral and Coal Mining Business Activities, for the national interest, the Government can control the production and export of coal. In this regard, the Minister of Energy and Mineral Resources (“MEMR”) has authority to determine the annual production of coal in each province. In connection with this authority, the MEMR issued Regulation No ...

With Carbon Capture and Storage (CCS) one of the discussion themes at ONS this week, the Norwegians will be looking to showcase their planned new CO2 capture plant at the Mongstad refinery. The initial pilot technology centre is expected to be in operation by 2011/12 and eventually the plant will have an annual capacity for handling 100,000 tonnes of carbon per annum ...

Makarim & Taira S. | July 2010

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”) ...

Haynes and Boone, LLP | June 2010

On June 28, 2010, the United States Supreme Court announced its decision on Bilski v. Kappos regarding what inventions are eligible for patent protection. The decision affirms that business methods are patentable, although the specific business methods at the center of the case are not. While stating that no single test governs the issue, the Court approved of the use of the “machine-or-transformation test” that the Federal Circuit had distilled from earlier Supreme Court cases ...

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 ...

AELEX | May 2010

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) ...

Just one day after the U.S. Court of Appeals for the Federal Circuit indicated that it would consider the current state of the inequitable conduct doctrine en banc in Therasense, Inc. v. Becton Dickinson and Co., a split panel of the Federal Circuit issued a decision in the case of Avid Identification Systems, Inc. v. Crystal Import Corp. affirming a lower court’s finding of inequitable conduct ...

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. OGUK forecasts that with sufficient investment the UK could be producing 1 ...

Lawson Lundell LLP | May 2010

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 [email protected] orChristine Kowbel at 604.631.6762 or ckowbel@lawsonlundell ...

MinterEllison | March 2010

 2009 Prediction: Further penetration of Software as a Service (SaaS) Australia will see a proliferation of businesses adopting SaaS in 2009.  With no hardware, maintenance or upfront capital costs, SaaS will be seen as ideal for companies looking to control their costs in an uncertain economic environment.  Some analysts predict that the global SaaS industry may be worth as much as A$10.7 billion during 2009 ...

At the end of January, the 468-page judgement of BSkyB v EDS was published, nearly eighteen months after the court hearing closed.  Many, varied and worrying predictions as to the potential impact of this judgement had been made, but ultimately the judgement is unlikely to lead to radical changes in the relationship between IT and other suppliers and their customers ...

Shoosmiths LLP | February 2010

The verdict has finally arrived in the long-running IT dispute between EDS and BSkyB, for which the trial ended over a year ago. With legal fees of around £70m and an anticipated damages award of £200m (against a contract reportedly worth only £48m), the case will change the landscape of supplying IT products and services forever.  EDS supplied a customer relationship management system to BSkyB ...

Shepherd and Wedderburn LLP | February 2010

One of the main talking points in the energy sector in recent months has been concerned with 'getting smart metering right'. But what is it about smart metering that businesses in particular have to 'get right'? To start, smart metering is not new – a number of countries have already been using it for different purposes. For example, in Italy, one of the motivating factors was to improve customer payment for energy ...

Shepherd and Wedderburn LLP | February 2010

Recent developments in health and safety law will affect all those involved in offshore renewables projects, which are very much in focus following the Crown Estate’s announcement of Round 3 awards in early January. However, the new rules do bring clarity and consistency for those working in the sector and bring offshore health and safety regulation in line with onshore projects ...

Haynes and Boone, LLP | February 2010

The U.S. Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate Patent Term Adjustment (PTA) in light of the recent decision in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). In Wyeth, the U.S. Court of Appeals for the Federal Circuit affirmed that the USPTO has been improperly calculating patent term adjustment under 35 U.S.C. § 154(b). The Federal Circuit’s decision will result in additional patent term for many U.S ...

Haynes and Boone, LLP | February 2010

In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers ...

Shoosmiths LLP | January 2010

A costly mistake by the Ministry of Defence (MoD) has highlighted the importance of careful drafting to ensure access to a software program’s source code. The source code is the line of code in which the software is written, in language intelligible to a suitably trained software developer. Through the use of a compiler, the source code is converted to object code which forms the software program ...

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