Mondaq Most Recent Articles-23 May 2013

IP Highlights February 2013 - International Karanovic Nikolic A discussion on the amendments brought to the law on trademarks.	EEOC Settles First Case Alleging Genetic Information Bias Littler Mendelson The Equal Employment Opportunity Commission has recently settled its first lawsuit involving a discrimination claim based on an applicant’s genetic history.
Welcome To Our New HS2 Blog! Bircham Dyson Bell LLP This is the first entry of our new blog on the Government's HS2 proposals.	IP Highlights March 2013 – International Karanovic Nikolic The number of patent filings at the European Patent Organization reached a new peak in 2012.
What CFOs Need To Know About Tax Provisioning (Video Content) Deloitte Convergence of tax into the wider finance teams and processes means that tax isnt an add-on at the end, it's actually part of the mainstream financial close.	"Bashful Bladder" As A Disability? Running Water The Accommodation? Fox Rothschild LLP Way back on October 4, 2011, we asked whether any of you were ever in a situation where you had to produce a urine sample as part of routine drug testing, or were in a football stadium bathroom with a line of impatient fans behind you who had been drinking beer for hours and were muttering menacingly because you just froze up?
Three California Contractors Fined A Total Of $1.8 Million For Willful Violation Of CA Wage, Apprenticeship Laws Proskauer Rose LLP Three contractors were found by the California Labor Commissioner to have "willfully" violated state wage and apprenticeship laws.	Top 5 Civil Appeals From The Court Of Appeal (May 2013) – Video Companion Lerners A summary of Lerners' Top 5 Ontario civil appeals decisions from April, 2013.
State Court Order Restraining Use of Bank Account Proceeds Admissible In Bank Fraud Prosecution To Establish Knowledge And Intent Fox Rothschild LLP As discussed here previously, prosecutors always look to introduce evidence of pleadings or orders entered in related civil litigation to achieve a variety of purposes in the present criminal case.	PhRMA Pushes For Permissive Off-Label Promotion Regime McGuireWoods LLP In light of the decision of 2nd U.S. Circuit Court of Appeals in U.S. v. Caronia, the Pharmaceutical Research and Manufacturers of America is advocating for the Food & Drug Administration to change its regulations to allow for certain types of off-label promotion.
Defendant Bears Burden Of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute Of Limitations Defense On Which Government Normally Bears Burden Fox Rothschild LLP In a recent case, United States v. Smith, 133 S. Ct. 714 (2013), the Supreme Court had occasion to examine the conspiracy withdrawal defense and to reconsider whether it is the defendant or the government that carries the burden of proof of that defense when the withdrawal arguably occurs at a point in time outside the statute of limitations for a conspiracy charge.	Attorneys’ Fees Provisions: Not A Blank Check To Overreach Schnader Harrison Segal & Lewis LLP In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute.
OSC’s Crowdfunding Proposal Receives Favourable Comments Osler, Hoskin & Harcourt LLP The Ontario Securities Commission recently closed the comment period on its Staff Consultation Paper 45-710: Considerations for New Capital Raising Prospectus Exemptions, which sought input from stakeholders on proposed amendments to the current legislation regarding prospectus exemptions.	City Of Harrisburg Settles With SEC On Rule 10b-5 Violations Foley & Lardner Recently, the SEC settled with the City of Harrisburg over violations of Rule 10b-5 in connection with material misstatements and omissions made by the City in its public statements and financial information, during a multi-year period.
CDFI Fund Releases 2012 Allocation Agreement Duane Morris LLP The form of 2012 New Markets Tax Credit Allocation Agreement has been released by the Community Development Financial Institutions Fund.	Jumping Off The Fiscal Cliff? It's More Of A Downward Slope For Maritime, Transportation, And Energy Programs Blank Rome LLP A discussion on the continuing resolution that funds the government for the rest of this fiscal year: the House and Senate budget resolutions, the upcoming debt ceiling fight; and, finally, the President's budget request for FY2014.
Insider Trading Through Deductive Reasoning: Canada And The United States Take Different Approaches Davis LLP The Ontario Securities Commission and a veteran investment banker, Richard Moore, recently reached a settlement agreement regarding claims by the OSC of improper securities trading by Moore.	Growth And Infrastructure Act Commencement News Bircham Dyson Bell LLP A report on when and how changes introduced by the Growth and Infrastructure Act 2013 will be brought into force.
Opening Up The Policy Space Bircham Dyson Bell LLP Many governments continue to struggle with the lack of growth in the economy.	Ambient Carbon Dioxide Equivalent Concentrations Continue To Rise, But The Likelihood Of Dramatic New Climate Change Action Remains Low Pepper Hamilton LLP On May 9, 2013, the daily concentration of carbon dioxide in the atmosphere exceeded 400 parts per million at the Mauna Loa monitoring station for the first time ever at least at one monitoring location according to the Scripps Institute of Oceanography
China’s CIRC Categorises Insurance Business Clyde & Co The China Insurance Regulatory Commission recently promulgated "the Administrative Measures on Classification of Business Scope of Insurance Companies", which came into force on 2 May 2013.	Matheson Private Client Update: Destination Ireland - Legal And Tax Issues Matheson As a relatively small nation, Ireland’s migratory and economic patterns can be quite easily documented.
Top 5 Civil Appeals from the Court of Appeal (May 2013) Lerners Top 5 Civil Appeals from the Court of Appeal (May 2013)	Understanding Florida's Mechanic's Lien Laws: What Constitutes An Improvement To Property? Fox Rothschild LLP Florida Statutes chapter 713, commonly referred to as Florida’s mechanic’s lien statute, or "construction lien law," is intended "to protect those who have provided labor and materials for the improvement of real property."
U.S. Coast Guard And Bureau Of Safety And Environmental Enforcement Sign Agreement On Offshore Oversight Venable LLP The U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement recently announced that they had entered into a Memorandum of Agreement concerning offshore safety and environmental regulations.	Employment Law Watch - UK Case Law Update Reed Smith A summary of a number of interesting employment cases.
Service And Treasury Issue Final Regulations To Section 336(E) In T.D. 9619 Fox Rothschild LLP The Service and the Treasury recently issued final regulations with respect to the election available under Section 336(e) which allows certain sales, exchanges, and distributions by a domestic corporation of another corporation's stock as taxable sales of that corporation's assets.	CASE UPDATE: RBS v Highland Partners LP & Ors Clyde & Co The Court of Appeal recently held that judgments obtained previously by RBS in the Commercial Court against Highland had been obtained by fraud.
Modern Approaches To Tax Disputes Resolution (In Russian) Arzinger «Отмена налогового решения по той причине, что при его принятии контролирующий орг	Colorado Becomes Tenth State To Pass Social Media Password Protection Legislation Littler Mendelson The number of states enacting social media password protection laws has risen once again, as such legislation continues to gain traction across the country.