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New York, January 12, 2007 - It is with great pleasure we announce the publication of the curent issue of the International Legal News.
The International Lawyers Network is a highly successful group of independent, well-respected regional law firms with significant international legal business, particularly in areas such as corporate/finance, high technology and e-commerce.
For more information about our Group, please visit our website www.iln.com .
As the editor of the International Legal News & Executive Director of the International Lawyers Network, I would be happy to hear your comments or answer any questions about our group, please contact me: email alangriffiths@iln.com or telephone 201.594.9985 - Alan Griffiths
DISCOVERY VS. PRIVACY: WHEN LAWS IMPLEMENTING THE E.U. DIRECTIVE ON DATA PROTECTION CONFLICT WITH U.S. DISCOVERY RULES
Beirne, Maynard & Parsons, L.L.P., Texas
by David. E. Sharp
Discovery of electronically stored information, so-called e-discovery, has been much discussed in light of proposed, now recently effective, e-discovery provisions of the Federal Rules of Civil Procedure . In a world with numerous international transactions and multinational corporations, courts, litigants and witnesses can expect various requests for electronic information covered by the European Union's Directive On Data Protection. (“E.U. Directive”), including its well-publicized provisions protecting privacy and prohibiting data transfers. This article briefly discusses the potential for conflict between the e-discovery rules and laws implementing the E.U. Directive and the general rules that a court in the United States may be expected to apply in resolving any such conflict.
[FULL STORY]
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THE NEW CZECH LABOUR CODE
PETERKA & PARTNERS v.o.s., Prague, Czech Republic
by Michaela Vondrakova
A new labour code, which has recently been passed by Parliament to take effect as of January 1, 2007, after long and stormy discussions, along with some other related new Acts (namely the Act on health insurance and the Act on employee injury insurance, which will probably take effect one year later), will bring the first changes to labour law since 1990.
[FULL STORY]
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SUNDANCE 2006
Lommen Abdo Cole King & Stageberg, P.A, Minneapolis
by Daniel M. Satorius
(Originally published in ENTERTAINMENT & SPORTS LAWYER – A Publication of the ABA Forum on the Entertainment and Sports Industries. Volume 23, Number 4, Winter 2006)
Of the hundreds film festivals in the United States, the premiere film festival for the independent film industry is the Sundance Film Festival held each year in January in Park City, Utah. Sundance, now in its 25th year, has defined and directed independent film industry for many years. It is the over-caffeinated, over-crowded and over-affected must-attend event of the year for independent film.
[FULL STORY]
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THE NEW MEXICAN SECURITIES LAW - COMMENTS
Martínez, Algaba, Estrella, De Haro & Galván-Duque, S.C., Mexico
by Luis Lavalle Moreno
The purpose of this document is to summarize the most relevant provisions of the new Mexican Securities Law regarding companies who currently have their securities listed in the Mexican Stock Exchange, as well as with respect to the introduction of new provisions that promote the access of “medium size private companies” to the Mexican Stock Exchange. Given the broadness of the subject, we will not focus on other matters contemplated by
the new Securities Law, including without limitation, provisions on intermediaries or participants in the stock market (such as stock brokers, depository institutions and others), registration requirements, accounting practices, the stock exchange regulations, the criminal and sanctions regime, and authority of the financial authorities, topics which will be the subject matter of another article.
[FULL STORY]
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ALTERNATIVES TO PRIVATISATION IN LOCAL SELF-GOVERNANCE IN BULGARIA
Teralex Consult, Sofia
by Anna Gotzeva
These days we are witnessing a process where local self-governance authorities world-wide begin to restrict the wide scope of economic activities they had until recently, focusing increasingly on their governance functions. The coverage and the contents both of the governance functions of the municipalities and of their economic activities are described by the respective national legislation. Nevertheless, while it would be impossible for a municipality to abdicate its governance functions under any circumstances, it is possible to assign the direct performance of activities that by their very substance have a business character to external entities, which may be controlled up to various extents. Click Here for the PDF of the complete article
[FULL STORY]
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ROMANIA - SIMPLIFIED PROCEDURE OF THE INSOLVENCY REGULATED BY THE PROVISIONS OF THE LAW NO. 85/2006, SPECIFIC MODALITY OF ENTERING DIRECTLY TO THE BANKRUPTCY PROCEDURE
Zamfirescu Racoti Predoiu
by Mr. Stan Tîrnoveanu
The object of the present measure is the simplified procedure of the insolvency, seen as a specific way of guaranteeing the creditors ` rights and the implied recovering of the debtors` receivables, even when it comes to the large amount of these receivables.
[FULL STORY]
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CHINA ISSUES NEW M&A REGULATIONS
Lehman, Lee & Xu, Beijing
by Sandy Lin
On August 8, 2006, the Ministry of Commerce (“MOFCOM”) of the People’s Republic of China (“PRC”) and five other Chinese government authorities issued the Regulations on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (the “2006 Regulations”), which expand on and replace the Provisional Regulations on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (the “2003 Provisional Regulations”) previously promulgated in 2003. The Regulations, effective from September 8, 2006, are considered as a significant development in China’s regulatory regime relating to mergers and acquisitions.
[FULL STORY]
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UNHELPFUL DIRECTORS AND COMPANY PROPERTY: ARE WARRANTS AN EFFECTIVE REMEDY FOR LIQUIDATORS?
Gadens Lawyers, Sydney, Australia
by Mark Groben
>br>Bassoak Pty Ltd (recs and mgrs apptd) v Rellgrove Pty Ltd
In Bassoak Pty Ltd (recs and mgrs apptd) v Rellgrove Pty Ltd, the Supreme Court considered the circumstances where the Court would issue a warrant in relation to the books or the property of the company.
[FULL STORY]
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THE RAILWAY LABOR ACT – GOVERNING THE AIRLINE INDUSTRY©*
Arnstein & Lehr LLP, Miami, USA
by Harry Turk
The Railway Labor Act, as amended, 45 U.S.C. § 151 et seq. ("RLA" or "Act"), was enacted in 1926 to encourage collective bargaining by railroads and their employees in order to prevent wasteful strikes and interruptions of interstate commerce. It is the basic body of law defining employee/employer labor rights and duties. The Act was extended to encompass disputes between air carriers and their employees in 1936. 45 U.S.C. § 181.
[FULL STORY]
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AUSTRALIA'S AGEING POOR – AFFORDABILITY ISSUES AFFECTING AGED CARE AND RETIREMENT VILLAGE DEVELOPMENTS
Gadens Lawyers, Sydney, Australia
by Arthur Koumoukelis
The purpose of this article is to:
• seek to explain recent developments in Government legislative reforms in the context of an increasingly ageing and financially vulnerable population; and
• provide some thoughts for the implications to the industry.
It is no longer a matter of debate that Australia's population is ageing and, to a large degree, it is so well known by the general population, that it is often a dinner party discussion point. What is not so well known or understood are the financial demographics of the ageing population and the corresponding effect this will have on the industry.
[FULL STORY]
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TAXATION ASPECTS ON M&As IN INDIAN JURISDICTION
Singhania & Partners, India
Mergers and acquisitions are an important tool of economic development and every effort should be made to incentivise the merger process in the country. Fiscal statutes form an important means of economic development by providing benefits to the concerned businesses. Large scale mergers are occurring at a fast pace within and outside the country. In this regard the income tax legislation in India is quite development oriented for domestic companies going in for merger or amalgamation and acquisition. In India, the Income Tax Act, 1961 is the primary legislation dealing with taxability of income arising in the hands of an individual or business entity. An important question that arises here is: What are the benefits available under the Income Tax Act, 1961, to companies going in for merger or acquisition.
[FULL STORY]
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PROTECTING A NONPROFIT ORGANIZATION'S OFFICERS, DIRECTORS AND MANAGERS
Harrison & Moberly, LLP, Indianapolis
by David Williams Russell
In our post-Enron world, non-profits are under more and different scrutiny then ever before. Charity hospitals formed to benefit the poor are found to be substantially overcharging to a massive extent their very poorest patrons who are unable to afford health insurance, while offering cut-rate coverage to patrons wealthy enough to subscribe to health plans which have the clout to bargain for cheaper hospital fees for their customers. The NCAA’s multi-million dollar television contracts are being contrasted with way below average graduation rates for high profile college athletes and its eligibility to be tax exempt is under fire. Televangelists, who raise millions for Africa relief, but spend pittances on this while rewarding themselves with multimillion dollar homes and salaries are losing their tax exemptions.
[FULL STORY]
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HOMELAND SECURITY PROMULGATES FINAL RULE FOR IMPLEMENTATION OF SAFETY ACT
WolfBlock Public Strategies, LLC, Washington
SAFETY Act provides significant liability protections for technology firms developing or selling anti-terrorism products.
Four years after the SAFETY Act was enacted to provide limited liability for companies selling anti-terrorism products, the Department of Homeland Security has issued a final rule implementing the Act. Gaining the SAFETY Act’s protections can be an important step for companies offering anti-terrorism technology.
[FULL STORY]
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