The Impact of Business Associate Rules Under the Final Privacy and Security Standards Presented at: Negotiating Technology Outsourcing Agreements Law Seminars International Seattle, Washington Introduction The Health Insurance Portability and Accountability Act of 1996, more commonly known as HIPAA, has brought many changes to the health care field, as well as our day-to-day lives ...
I. Introduction President Vicente Fox has devoted significant political efforts to reform the energy sector. He is well aware of the current needs for investment, particularly in power generation and non-associated gas exploration and production. He is also aware that the government will not have the necessary funds to match the anticipated growth of energy demand ...
I. Introduction Mexico’s power generation sector is facing a possible crisis in the near future. The Federal Government has estimated that over 27,000 megawatts of additional power generation capacity will be needed by 2009 to avoid a power crisis in the country. Since 1960, the electricity sector has been reserved to the State ...
As natural gas commodity prices continue their near-term climb, and new domestic sources become harder to find, many oil and gas producers and large gas users such as chemical companies are looking abroad for a cheaper and more readily available source of supply ...
The JIA or the Joint Investment Activity Agreement is a legal document on the basis of which thousands of tones of carbohydrates become privately owned in Ukraine everyday. Presently the JIA Agreement dominates the production of carbohydrates and this situation does not seem to be about to change in the near future. The article goes on to describe various JIA’s ...
One of the key sectors of the Oil & Gas industry is the extraction of oil, gas and gas condensate hereinafter to be referred as carbohydrates (“CH”). For businesses involved in CH extraction, the two key assets are the extraction licence and the oil or gas well (“CH Well”). This article throws light on light on the legal concept of a CH Well in Ukranian Law and its application to the ownership issue ...
In late October, the IRS released a revised version of its 1023 Form. The new Form requires extensive new disclosures by organizations that seek recognition of tax-exempt status as charities under Section 501(c)(3) of the Internal Revenue Code. Many of the questions added to the exemption application are likely to be included in revised Form 990 information returns scheduled to be released later this year ...
In November the UK government bowed to pressure from unions and bereaved relatives and announced its intention to produce a draft bill on corporate killing for England and Wales. This bill, if successful, would have enabled companies to be prosecuted for management failures that resulted in a person's death. No such government bill has however, been forthcoming. Nor is it likely that any such government bill will appear before the 2005 general election ...
Introduction Advocate General Jacobs, in delivering his Opinion in Syfait and others v Glaxosmithkline (Case C-53/03, 28 October 2004), has found in favour of Glaxosmithkline (GSK) by stating that the refusal by a dominant pharmaceutical company to fulfil all orders from wholesalers does not automatically constitute an abuse of a dominant position, despite such refusal clearly limiting parallel trade of the products in question ...
In December 2004 and more recently in March 2005, the Superior Court rendered three significant judgments respecting motions for authorization to institute class actions. In the first case, Bouchard v. Laiterie et Boulangerie Parmalat Inc.1, the motion was denied for the absence of interest and of rights of the applicant. In the second case, Citoyens pour une qualité de vie v. Aéroports de Montréal2, the motion was denied for lack of identical, similar or related questions of law or fact ...
On April 29, 2005, the Court of Appeal rendered a judgment in Pharmascience Inc. v. Option Consommateurs et Piro1 on the constitutionality of the amendments made to the Code of Civil Procedure on January 1, 2003 regarding authorizations to institute class actions. Contrary to the arguments of the appealing pharmaceutical companies, the Court of Appeal held that the amendments are constitutional and do not violate the Quebec Charter of Human Rights and Freedoms in any way ...
Amendments to several provisions of the Mexican Mining Law (the “Law”) were recently passed by the Mexican Congress and published in the Federal Official Gazette on April 28, 2005. The amendments to the Law can be summarized as follows: a) A new governmental body called the “Mexican Geological Service” was created in lieu of the previous Mineral Resources Council ...
On May 20, 2005, the Supreme Court issued its judgment in the Smith & Nephew Inc. v. Louise Glegg and Christopher Carter and Gilles Dextradeur v. Louise Glegg cases1 ...
Introduction: On June 9, 2005 the Supreme Court of Canada released its landmark decision in Chaoulli v. Quebec (Attorney General) in which a majority of the Court struck down provisions of Quebec’s Health Insurance Act and Hospital Insurance Act which prohibit private insurance for health care services that are available in the public health care system ...
Judgments of the European Court of Justice in Merk, Sharp & Dohme BV v. Etat Belge (C-245/03) and Glaxosmithkline SA v. Etat Belge (C-296/03) of 20 January 2005 Directive 89/105, on the transparency of medicines pricing and reimbursement rules (hereinafter the “Directive”) was first interpreted in 2001 and 2002, when the European Court of Justice (hereinafter the “ECJ”) rendered two decisions regarding the implementation of the Directive in Austria and in Finland ...
On June 28, 2005, amendments to Articles 420 and 421 as well as the addition of a new Article 414bis of the Health Law were published in the Federal Official Gazette, entering into force the following day. Article 414bis provides that herbal products, food supplements, perfumes and beauty products may be seized, as a precautionary measure, when they have been improperly advertised by being held out as medicines or as having characteristics or therapeutic qualities which they do not have ...
Energy Policy Elert, please click on link to view full publication ...
Judgement of the European Court of Justice in case C-212/03 – Commission v. France, dated 26 May 2005 The Commission acted against France on the grounds that certain French rules on the importation of medicines are contrary to Article 28 of EC Treaty on the free movement of goods. The relevant national rules and administrative practice required a licence for the importation of medicines for personal use in France ...
Judgement of the European Court of Justice in case C-231/03 – Consorzio Aziende Metano (Coname) v. Commune di Cingia de’Botti, dated 21 July 2005 The case developed out of a dispute between Consorzio Aziende Metano (Coname) and the Comune di Cingia de’ Botti (municipality of Cingia de’ Botti) concerning the award by the latter to Padania Acque SpA, of a concession for provision of service covering management, distribution and maintenance of methane gas distribution installations ...
Per Decree 1404 issued on May 5, 2005 (“Decree 1404”), the Colombian Government approved the sale of the State’s majority interest in the largest gas transportation company in Colombia, Empresa Colombiana de Gas (“Ecogás”). An introduction to Ecogás and the privatization process is set forth below. 1 ...
Purchasing a yacht should be a pleasurable experience given that the craft in question is most likely to be used for the owner’s leisure pursuits. Yachts, however, whether they are second-hand, new, large or small, have one thing in common. They are expensive. However, many purchasers whether they are paying £10,000 or £1,000,000 are sometimes less cautious than perhaps they should be when buying what is in effect a “toy” ...
In April 2005 a new Disability Discrimination Act was passed by Westminster. The Act extends existing non-discrimination legislation, primarily the Disability Discrimination Act 1995. While some provisions of the Act came into force in December 2005, many others will be coming into force over the course of 2006. It is essential that businesses are aware of their new responsibilities under the Act and prepare for its implementation ...
An amendment to the Law Regulating Article 27 of the Mexican Constitution Concerning Petroleum (the “Law”) was recently passed by the Mexican Congress and published in the Federal Official Gazette on January 12, 2006 ...
On December 28, 2005, the Mexican Ministry of Finance published in the Federal Official Gazette notice of an increase in domestic electricity power supply charges to be implemented during the year 2006. Such increase will not exceed 4% and will be put into effect gradually, month-by-month, throughout the year. As of the end of 2004, Mexico had 24 million domestic power supply consumers ...
Thanks to Houston's leading role in energy, the exotic names of former Soviet Republics forming the Commonwealth of Independent States -- entities such as Kazakhstan, Azerbaijan, Ukraine, Tajikistan and Uzbekistan -- are familiar to locals active in oil and gas. They are also well known to Houston law firms that serve energy interests. Serving Russia and the Caspian region, Haynes and Boone LLP opened a Moscow office last year ...
