Mondaq Most Recent Articles-04 February 2012

Consequences Of Liberating The Limitation Eversheds On 17 August 2011 the Draft Road Accident Fund Amendment Bill, 2011, was published for comment.	Ranking Of Administration Costs Of And Claims Against A Company In Liquidation Post Business Rescue Eversheds It is inevitable that a significant number of business rescue proceedings will fail and that the company under business rescue will be placed in liquidation.
South African Courts — The Continuing Trend In Business Rescue Judgments Eversheds In a previous article, I commented on the trend in South African courts that the judges are saying that there must be a detailed, proposed business rescue plan before any application for business rescue will be granted.	The House Shouldn't Always Win Eversheds The National Lottery Board (NLB) holds in trust approximately R6 billion which it has accumulated over the last three years.
IP Monitor - Bell Helicopter's Certified Landing Gear Does Not Infringe Eurocopter's Patent Norton Rose OR LLP On January 30, 2012, Justice Martineau of the Federal Court released his decision in the case of Eurocopter (Société par action simplifiée) v. Bell Helicopter Textron Canada Limitée1, in which Eurocopter claimed infringement of its patent relating to helicopter landing gear.	Video Surveillance In The Workplace: Limits On Employer Rights Norton Rose OR LLP The Société de transport de l'Outaouais (STO) is a public transit authority that provides bus services in the Gatineau and Ottawa area.
Ontario Court Of Appeal Releases Judgment On Duty To Defend Norton Rose OR LLP Piazza purchased and renovated an apartment building, then sold it to Hector. Hector later sued Piazza and others for negligent construction.	IP Dispatches From The Political Front: Mitt Slings Copyrighted Mud At Newt Foley Hoag LLP Along with January’s hot activity in the race for the Republican Presidential nomination, we also saw the emergence of two more stories about the intersection of intellectual property and political ads.
Amendment To The Code Of Civil Procedure: International Jurisdiction Now Specified Davis LLP On May 2, 2011, the law concerning an amendment to the Code of Civil Procedure (the "Code") to clarify international jurisdiction was published (the "Amendment").	Alabama Immigration Law Upheld – Mostly Fisher & Phillips LLP On September 28, 2011, U.S. District Court Judge Sharon Lovelace Blackburn upheld the key provisions of Alabama's immigration law, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act.
IPC And NID Start To Plan Handover Arrangements Bircham Dyson Bell LLP The Planning Act 2008 is one of the most important pieces of legislation affecting major infrastructure projects for many years.	Perfection And Priority: Dealing With Serial Numbered Goods Osler, Hoskin & Harcourt LLP Lenders should be aware that when taking security in certain goods with serial numbers in Canada, the rules regarding registration of financing statements vary across provincial jurisdictions; a detail that, if overlooked, could impact the priority of the lender’s security interest.
RGGI Makes Some Changes, But Not the Overall Cap. Yet Foley Hoag LLP The nine states still participating in the Regional Greenhouse Gas Initiative are getting ready for the first auction of RGGI's second compliance period, scheduled for March 14th.	Mines Set To Start Using Their Own Steam As Power Costs Soar Werksmans Incorporated The upsurge of interest in alternative energy sources among South African mining and industrial players is attributable to three main factors.
Some Restrictions Apply: Ninth Circuit Restricts Scope Of Nationwide False Advertising Claims Foley Hoag LLP In a ruling that may restrict the future viability of false advertising class actions, the Ninth Circuit recently overturned a lower court decision certifying nationwide class status to individuals who purchased or leased an Acura vehicle.	Update On Tobacco Warning Letters Sheppard Mullin Richter & Hampton Welcome to the first monthly update on FDA's enforcement over regulated tobacco products.
Class Certification Granted In International Cartel Antitrust Litigation In Which China Itself Has Intervened To Support The Claimed Price-Fixing Cadwalader, Wickersham & Taft LLP We have previously posted on this interesting example of international litigation.	IRS Issues Temporary And Proposed Regulations On The Treatment Of Dividend Equivalent Payments Paul Hastings LLP This alert describes recently released regulations that provide guidance on dividend equivalents (i.e., payments under certain types of financial transactions that are determined by reference to US source dividends) under Section 871(m) of the Code.
Seventh Court Of Appeals Further Strengthens Rights Of Secured Lenders In Chapter 11 Cases Andrews Kurth LLP On January 19, 2012, the Seventh Circuit in In re River East Plaza, LLC, (No. 11-3263), held in favor of a secured lender further strengthening the rights of secured creditors in bankruptcy cases.	What Is Specialized Knowledge? Cozen O'Connor The American Immigration Lawyers Association submitted its comments to USCIS on the meaning of "specialized knowledge" in L-1B petitions last week. The comments are an excellent summary of the history of the meaning of "specialized knowledge."
2012 Threshold Revisions Announced For HSR Act And Clayton Act Section 8 Prohibition On Interlocking Directorates Proskauer Rose LLP The Hart-Scott-Rodino Antitrust Improvements Act, commonly known as the HSR Act, requires parties to certain mergers, acquisitions, and other transactions to notify the Federal Trade Commission and Department of Justice prior to consummation.	Employee Relations Checklist Fisher & Phillips LLP If it has been a while since you last reviewed your employee relations program, then it's time to make sure that it is up to speed.
IRS Releases Revised Form 990 With Changes Affecting Joint Ventures, Compensation And Hospitals Foley Hoag LLP On January 21, 2012, the Internal Revenue Service (IRS) released a revised version of Form 990 and accompanying instructions and schedules for tax year 2011,	January 2012 Employee Benefits Update Reinhart Boerner Van Deuren S.C. Effective February 1, 2012, the Internal Revenue Service (IRS) will begin accepting determination letter applications from remedial amendment period Cycle B individually designed plans.
Reduce Risk Of Management Termination Goodwin Procter LLP During the past few years, three headline-grabbing lawsuits raised concerns about the enforceability of hotel management agreements.	Highlights Of The CFPB’s Short-Term, Small-Dollar Lending Examination Procedures SNR Denton On January 19, 2012, the Consumer Financial Protection Bureau ("CFPB") released its Short-Term, Small-Dollar Lending Examination Procedures Manual ("Procedures Manual") to supplement the CFPB’s Supervision and Examination Manual.
BLG Buzz... Borden Ladner Gervais LLP In the September 2011 decision of "Century 21 Canada Limited Partnership v. Rogers Communications Inc.", the British Columbia Supreme Court held that copyright in a work can only be assigned by an agreement that is signed "after" the work is created.	Giants Or Patriots - Do Employers Care? Cozen O'Connor I certainly don’t really care. My team ended its year on the day we started this new year.
Ireland Reduces The Rate Of Stamp Duty On The Acquisition Of Business Assets Matheson Ormsby Prentice Ireland recently enacted a reduction to the rate of stamp duty on the acquisition of business assets subject to stamp duty.	The Revised Financial Services Bill Introduced To Parliament CMS Cameron McKenna LLP The Financial Services Bill was introduced to Parliament on 26 January 2012 and has now been published.