Landmark Ruling of the Israeli National Labor Court Regulates Employee Privacy on Workplace Computers and E-mail
Glusman Shem-Tov Chowers Broid & Co., Tel Aviv
by Kobie Refaeli
On 8.2.2011, a comprehensive and instructive ruling* was rendered by the Israeli National Labor Court regarding employees' usage of workplace computers, and their right to privacy in email correspondence. This ruling regulates the rights and obligations of both employers and employees regarding the use of workplace computers and email, and balances an employer's right to manage his business with an employee's right to privacy.
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Ninth Circuit Confirms That Keyword Advertising Can Be Trademark Infringement, But Raises The Bar to Prove Infringement
Davis & Gilbert LLP, New York
Many advertisers use keyword advertising programs with search engines, such as Google’s AdWords, as
part of their internet marketing campaigns. These programs often allow a keyword advertiser to select the
trademarked name of a competitor as a keyword.
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Recent Developments In U.S. Patent Law
McDonald Hopkins Co., LPA, Cleveland
by Todd Benni
There have been a number of important decisions issued by the U.S. Supreme Court and the Federal Circuit Court that will have significant impact on U.S. patent law and the litigation resulting from the patents. A brief description of each case is set forth below.
The Microsoft and Therasense decisions appear to strengthen patents by making it more difficult to invalidate them during litigation. The Stanford decision makes it clear the importance of having the appropriate employment agreement in place with employee inventors, especially if the work was funded at least partially by U.S. federal funds. While the impact of these cases is somewhat speculative at this point, it is undisputable that these cases will have a significant impact. Only years from now will we be able to determine the true impact of these cases.
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Statute Barred! How Long Do You Have to Take an Irish Claim?
Holmes O’Malley Sexton, Limerick
by Donal Creaton
Most people will have heard of time limitations in the context of criminal law and that there is a limit of time in some types of cases after which prosecutions cannot be taken. However limitations also apply to civil law. Laws impose obligations on a person who seeks to take a case to do so within a certain period of time from the event or incident which gives rise to the claim. If proceedings are not initiated within the appropriate time limit a case can be deemed to be statute barred.
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Bordering on a fine - The UK Border Agency may investigate your new employee’s right to work in the United Kingdom
Fladgate LLP, London
by Nick Tsatsas and James Wilkinson
There are few issues in the United Kingdom that create more political debate and press comment than immigration. Over recent years, immigration legislation has been heavily amended and, most recently, caps have been placed on the total number of non-EU workers that can be employed in any year.
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Supreme Court of Canada Masters The Art of Analyzing Trade-mark Confusion
Clark Wilson LLP, Vancouver
by Neil Melliship
The Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc. on May 26, 2011. In reversing the Federal Court Trial Division and the Federal Court of Appeal, the Court used this opportunity to clarify several points involved in conducting a confusion analysis when faced with two competing trade-marks. Generally speaking, prior rights holders will be comforted by the decision and practitioners will welcome the clarity provided by the Court on several important issues.
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New Criminal Liability of Companies Under Spanish Criminal Code
BROSA, Barcelona
by Isabel Escudero
Spanish Criminal Code was amended by the end of last year 2010. One of the main changes is the new section 31bis, which establishes for the first time the criminal liability of legal entities, except for the governmental public companies, political parties and trade unions.
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Slovakia – 80 Percent Tax on Emission Allowances - Potential repeal of the European Emission Allowance Trading Scheme in practice
PETERKA & Partners v.o.s., Bratislava
by Ján Makara
The consequences of the economic crisis currently dominate European politics. Most member states approve different measures to consolidate their public finances. In Slovakia, an increase of income to the state budget is also expected, among other things, by a new tax on emission allowances.
The tax on emission allowances has been introduced in Slovakia, entering into force on January 1, 2011. Under the new legislation greenhouse gas emission allowances allocated free of charge according to the National Allocation Plan approved for the trading period 2008 to 2012, are taxed at a high rate of 80 percent. The new tax on emission allowances has led to much professional debate regarding its compliance with the Slovak Constitution, binding international treaties and EU law. In the near future the Slovak Constitutional Court will hear these issues.
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CANADA: A brief look at the nature of the Federation, the Administration of Justice and the Judicial System
Robinson Sheppard Shapiro LLP, Montreal
by Charles E. Flam
Canada, a Federal Constitutional Monarchy
Canada is a federal state comprised of ten provinces and three largely self-governing territories, but is also a constitutional monarchy. Queen Elizabeth II is Queen of Canada and Canada’s Head of State. The Governor General, appointed upon the advice of Canada’s Prime Minister, is the representative of the Queen in Canada and also is the nation’s commander-in-chief. A Lieutenant-Governor, also appointed upon the advice of Canada’s Prime Minister, represents the Queen in each province.
The Parliament of Canada consists of two chambers, the elected House of Commons and an appointed Senate. For each province there is an elected legislature.
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Reform of Russian Civil Code - New challenges for practicing law and doing business in Russia
Lidings Law Firm, Moscow
by Tatyana Bicheva & Dmitry Dmitriev
Civil law of the Russian Federation has existed without major changes since the disintegration of the USSR. Since that time, the economy and in particular business transactions, as well as other laws, regulating commercial turnover have changed dramatically. That is why the changes in one of the most significant documents in Russia demandable. But, as we know, changes are not always welcomed, because they somehow modify, and in case of such major changes as the proposed amendments, even reshape the whole sphere of business. The proposed amendments, published on the 13th of November by the Scientific centre of private law, are also called simply “a new Civil Code”. Provided, that the majority of lawyers and law-makers call the Civil Code “the second most important law after the Constitution”, one can imagine what would the reaction of business be.
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Negotiating, Establishing or Overcoming Force Majeure Causes Under American Law: A Practice Explication
Beirne, Maynard & Parsons, LLP, Houston
by Wm. Bruce Stanfill & James E. Rogers
This article briefly examines American force majeure law, focusing on developing the legal elements of the defense for in-house counsel to consider when negotiating contracts or managing a force majeure dispute in arbitration or litigation.
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Recent Brazilian Law on Thin Capitalization and on Payments to Tax Havens
Nehring e Associados Advocacia, Sao Paulo
by João Burke
Brazilian tax authorities are becoming more interested in the relationship between Brazilian companies and its related parties abroad. The most significant modification in this field is the recent adoption of ‘thin capitalization’ rules. This subject affects foreign investors holding quotas or shares of Brazilian companies, and entitled to receive remunerated loan credits from them.
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Shifting Mindsets in the Legal Industry
Connolly Bove Lodge & Hutz LLP, Wilmington
by Jennifer Smuts
With the down economy, law firms are facing additional pressures from all directions. External forces, namely clients, are forcing firms to do things differently, while internal forces, namely firm management, are driving lawyers to challenge themselves and consider doing business differently. There has been a recent emphasis on value pricing through up-skilling of lawyers (and others involved in selling) to enhance their ability to negotiate and present value.
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Foreign Investment in the Australian Resources Sector
Gadens Lawyers, Sydney
by Sally Weatherstone
Australia’s foreign investment policy has recently been labelled as ‘outstandingly racist’ and discriminatory, particularly towards Chinese investors. Despite these widely reported accusations, the Australian Government has a stated policy of welcoming foreign investment, and recognises that foreign investment is critical to maximising growth in the Australian resources sector.
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