The Federal Trade Commission’s Amended Franchise Rule: An International Perspective
Ryley Carlock & Applewhite, Phoenix, Arizona
by Jessica A. Benford and Renee L. Mitchell
The Federal Trade Commission (“FTC”) has amended its rule entitled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunities” (“Franchise Rule”). Unless otherwise exempt, the FTC Franchise Rule requires that franchisors provide certain information about the franchise using a Franchise Disclosure Document (“FDD”) to potential franchisees. Although the amended Franchise Rule applies to both foreign and domestic franchisors, this article explores the significant impact that the amended Franchise Rule is likely to have on international franchising. Compliance with the amended Franchise Rule becomes mandatory on July 1, 2008.
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Recognition and Enforcement of Foreign Non-Money Judgments in Canada
Fogler, Rubinoff LLP, Toronto
by Blair W.M. Bowen
The Supreme Court of Canada has recently held that, in proper circumstances, a foreign non-money judgment will be enforced in Canada. This decision marks a departure from the centuries old common law rule that prohibited the recognition and enforcement of foreign non-money judgments.
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Purchase of Bahamian Real Estate by Non-Bahamians
Halsbury Chambers, Nassau
by Donald Saunders
What you have to do to purchase property in the Bahamas depends on who is purchasing and whether or not you own property in the Bahamas already.
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2007 Circular 230 Revisions
Arnstein & Lehr LLP, Chicago
by Robert E. McKenzie, Esq.
The United States Internal Revenue Service Sept. 26 issued final rules (T.D. 9359)making a host of changes to controversial regulations governing tax practice under Circular 230, among them allowing contingent fees under limited circumstances and slightly modifying rules requiring disclosure of conflicts of interest.
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U.S. Securities and Exchange Commission Takes Another Step in Facilitating Capital Formation for Foreign Private Issuers
Epstein Becker & Green P.C. , Chicago
by Lola Miranda Hale
On December 21, 2007 in its latest important step toward international convergence the United States Securities and Exchange Commission (“SEC”) decided to permit foreign private issuers to submit to the SEC the same financial statements, prepared in accordance with International Financial Reporting Standards (“IFRS”) as published by the International Accounting Standards Board (“IASB”) that they file in their home countries. , Additional initiatives are under consideration by the SEC and its staff. See discussion below.
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Benefits and Risks of Fractional Aircraft Ownership
Howard Rice Nemerovski Canady Falk & Rabkin, San Francisco
by Edward A. Deibert
Over the last few years, numerous companies offering a dizzying array of options for individuals to fly privately have been established. The spectrum of options include: on demand charters, which entail contacting a broker or other charter source to bid out the details of each particular trip; card and membership programs, which entail pre-purchasing from a specific operator a set amount of time on a type of aircraft which can be used over a set period of time; fractional ownership programs, which entail buying from a specific operator a fraction of a plane and being guaranteed a proportionate number of hours annually on the type of plane purchased; and the outright purchase of a private aircraft.
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Avoiding Liability Exposure From Defective Products Made Abroad
Epstein Becker & Green P.C. , New York
by William A. Ruskin
This article first appeared in The Metropolitan Corporate Counsel, Vol. 15, No. 12 (December 2007 issue)
The Editor interviews William A. Ruskin, Member of the Firm of Epstein Becker & Green, P.C.
Editor: Bill, please describe your background in dealing with product liability cases?
Ruskin: I have been defending product liability cases for more than 25 years. In the 1980’s, I worked in-house at CIBAGEIGY Corporation, where I had my initiation into the defense of chemical and pharmaceutical products, and chemical intermediates, which may be blended with other chemicals before a finished product reaches the ultimate consumer.
For the most part, I have defended toxic tort and product liability litigation on behalf of clients who market industrial and agricultural chemicals, ethical pharmaceuticals and medical devices. More recently, I have been litigating on behalf of manufacturers of consumer products, food products and food additives. As my clients’ business concerns grow more complex, it is my obligation to stay abreast of how their industries are evolving. Today, our world is more inter-connected than ever before and will continue to grow more so – presenting challenges undreamed of as little as 25 years ago.
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Challenges in International Arbitration for Non-Signatories
Beirne, Maynard & Parsons LLP , Dallas
by Clint A. Corrie
This article is published in The Comparative Law Yearbook of International Business by Kluwer Law International under the auspices of the Center for International Legal Studies (CILS).
Reprinted here by permission of the CILS and Wolters Kluwer.
Please note that the cite form used in Europe for U.S. cases is not the same as standard Bluebook form used in the U.S., so some case cites look slightly different from how they would appear in a U.S. publication.
Given the magnitude and the consequences of the many international arbitral awards, even signatories to the underlying arbitral agreement can face challenges to the enforcement of such an award. However, persons or entities that are non-signatories to an underlying arbitration agreement face challenges over and above those of willing participants in an arbitral agreement. Parent companies, subsidiaries, contract assignees, governmental and quasi-governmental entities, and other non-signatories to an underlying arbitration agreement may find themselves bound by an arbitration agreement, and by the subsequent arbitral award. This article explores the case law and rulings—primarily arising from courts of the United States—on these types of issues, and offers guidelines to entities wishing to avoid the impact of agreements they did not sign.
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CSR and Sustainability: Local Impacts of Global Supply Chains
Epstein Becker & Green P.C. , New York
by Michael A. Levine
This article first appeared in The Metropolitan Corporate Counsel, Vol. 15, No. 10 (October 2007 issue)
Every time you see the news, it seems that another foreign-made product has been recalled – from toothpaste to tires to toys with lead paint. Offshore production
allows manufacturers to keep prices down and consumers happy. But ironically,
lower costs may come at a high price. Brands and manufacturers face legal,
human rights, environmental, and product safety problems. Risks are present at every
level of the supply chain: from component suppliers to assemblers/producers (“manufacturers”), from the manufacturers’ customers, importers, retailers and
distributors, to consumers, and to shareholders of companies. To address supply
chain problems, companies have implementedsupply-chain Corporate Social
Responsibility and Sustainability (“CSR”) programs. Programs vary, but most incorporate legal, human rights, and environmental principles, describe compliance
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Medical Tourism: The U.S. Industry and Legal Fundamentals
Epstein Becker & Green P.C. , Chicago
by Kevin J. Ryan & Dale C. Van Demark
Medical tourism, the practice of a resident of one country traveling to another for medical treatment, has become a small but thriving industry in the United States, as more and more under and un-insured Americans have found high quality, low cost alternatives to medical treatment in the United States. While medical tourism has long been a thriving industry globally, and the U.S. has been a destination for international medical tourists, the more recent phenomenon of U.S. residents traveling abroad for medical care is a fairly recent development. Nonetheless, in many ways, the U.S. has embraced the practice, and developments in the insurance industry indicate that Americans covered by private insurance or employer funded plans may begin to see travel to a foreign destination as an option.
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