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 ...
In case of a dispute arising between the parties, it may be advisable initially to solve it without the recourse to the courts, i.e. through sending a letter - claim or a warning, signing the court approved settlement agreement, obtaining an executive record of the notary public according to promissory notes or cheques, whether protested or not, or by seeking compromise through negotiations, etc. If the parties fail to solve a dispute amicably, the dispute may be referred to the courts ...
What is State Aid? The State aid rules seek to control the aid or assistance which is provided by EU Member States to businesses. Article 87 of the EC Treaty states that “any aid granted by a Member State or through State resources in any form whatsoever” is incompatible with the common market. The Commission and the European Court of Justice have a considerable discretion in determining what amounts to State aid and have given the term a wide definition ...
The Federal Civil Liability Law was published in the Federal Official Gazette on December 31, 2004 and entered into full force and effect in January 1, 2005. This law has as its objective that of determining the bases and proceedings for recognizing the right to claim indemnification by those suffering loss or damage as a consequence of improper actions of the executive, legislative, and judicial branches of the federal government and its agencies ...
The Fifth Circuit has issued an important opinion on Section 11 of the Securities Act which may limit the potential exposure of issuers and other participants for alleged misrepresentations and omissions in public offering registration statements. The Court’s opinion in Krim v. pcOrder.com, Inc ...
Revised Guideline on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency On 18th January 2005, the Hong Kong Monetary Authority (“HKMA”) issued a revised statutory guideline, namely the Supervisory Policy Manual on the Sharing and Use of Consumer Credit Data through a Credit Reference Agency (IC-6) (“CRA Guideline”) ...
Out of general interest, we are forwarding the following Informative Note with respect to the first oral trial in Mexico, something that took place in the Municipality of Montemorelos, State of Nuevo Leon, in February 2005. Oral trials have been possible since November 25 of last year when the law of Nuevo Leon changed to allow this in non-serious culpable felonies. The trial was an example of judicial speed. Within a period of five hours, from 10:00 a.m. to 3:00 p.m ...
This article was originally written for the April 2005 issue of The Negotiator, the magazine of the Canadian Association of the Petroleum Landman. Protected by Copyright 2005 ...
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 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 ...
From Land’s End to John O’Groats, roving reporters, tabloid writers and broadsheet columnists, have been riding on the wave of the new freedom of information acts. As a result of the Freedom of Information (Scotland) Act 2002, and its UK counterpart, the Freedom of Information Act 2000, the public now has a statutory right to recorded information held by most public sector bodies. Although the new right only came into force on 1 January 2005, its effect is retrospective ...
In Denmark, Norway and Sweden, the ownership and rights to intellectual property conceived and put into to practice by researchers employed by the universities have historically rested with the researchers themselves. This system is now rapidly changing to a model more similar to the way in which US universities handle their intellectual property; universities become responsible for stakeholders in such intellectual property ...
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 ...
Murray Campbell Lawson Lundell Craig Ferris Lawson Lundell This is a general overview of the subject matter and should not be relied upon as legal advice or opinion. For specific legal advice on the information provided and related topics, please contact your legal counsel. Copyright © 2004, Lawson Lundell All Rights Reserved INTRODUCTION Since the mid-1980s litigation has been a fact of life for pension and employee benefit plan administrators and sponsors ...
It has not been a secret that confidentiality and the possibility of investing less resources (time and money) in the conflict resolution are the most used strategies in the promotion and integration of the mediation process into the formal system ...
Commonly, conflicts are settled by a judicial organ, through which a legal expert issues a resolution according to legal criteria and provisions. Nowadays, the options to resolve conflicts are not only limited to the decision of a Judge, but there are alternative means characterized for being voluntary, confidential, economical, and expedite. These means are generally known as Alternative Dispute Resolution (ADR), which mainly include arbitration, mediation, and conciliation ...
Interruption of Statute of Limitations It was interesting for the author hereof to read the article by Denis Mirgorodskiy “Application of the Civil Code in Promissory Note and Bill of Exchange Disputes” (Yuridicheskaya Praktika, #37, September 16, 2003). The author hereof appreciates Mr ...
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 ...
Authors Kenneth B ...
Authors Karen Williams Altaras Mary Jean Geroulo E. Earl Harcrow Jeffrey P. King Lewis A. Lefko Thomas William Mayo Lisa Schafroth Sooter Related Practice Groups Health Care Prompt payment by managed care organizations is once again a hot topic of debate as revisions of current law and regulations deals with claim submission deadlines, recoupment practices, prompt pay penalties, eligibility verification and underpayments ...
Healthcare Legislative Update - 78th Regular Session July 2003 © 2003 – Haynes and Boone, LLP Haynes and Boone, LLP 901 Main St., Suite 3100 Dallas, TX 75202 You have accessed the Healthcare Legislative Update for the 78th Regular Session of the Texas Legislature. This update has been compiled by the Health Care Section of Haynes and Boone LLP for use as a quick reference tool on topics that we believe that will be of interest to our clients and the healthcare industry ...
Immigration
Aspects of Application of Period of Limitation in Promissory Note and Bill of Exchange Matters In recent years, a substantial growth of the bill of exchange and promissory note circulation has been observed in Ukraine. To a considerable extent, this growth was fostered by the expansion and normalization of the regulatory framework for negotiable instruments ...
Prompt payment by managed care organizations is once again a hot topic of debate as revisions of current law and regulations deals with claim submission deadlines, recoupment practices, prompt pay penalties, eligibility verification and underpayments. Out-of-network providers scored a legislative victory as Medicaid managed care organizations will have to pay them regular Medicaid rates if use of their services exceeds new benchmarks ...
Authors Karen Williams Altaras Mary Jean Geroulo E. Earl Harcrow Jeffrey P. King Lewis A. Lefko Thomas William Mayo Lisa Schafroth Sooter Related Practice Groups Health Care Prompt payment by managed care organizations is once again a hot topic of debate as revisions of current law and regulations deals with claim submission deadlines, recoupment practices, prompt pay penalties, eligibility verification and underpayments ...
