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 | PRC Labour Law in a Nutshell: Can I Require an Employee to Pay Liquidated Damages should the Employee Breach the Labour Contract?
November 6, 2009, previously published on November 4, 2009 Can I require an employee to pay liquidated damages should the employee breach the labour contract? |
 | Former Company President Must Pay $6.8 Million for Sexual Harassment Claim
Graham W. Askew; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 A state court recently ruled that the former president of a pharmaceutical company must forfeit $6.8 million in salary and bonuses he earned during the period of his misconduct. The case, entitled Astra USA, Inc. v. Bildman, presents an interesting legal theory for holding a fiduciary personally... |
| Privileged Information is Not Privileged from Whistleblowers
Van D. Turner; Butler, Snow, O'Mara, Stevens & Cannada, PLLC; November 5, 2009, previously published on November 2009 Do you think your company's communications with in-house counsel are privileged? Think again. In some cases, whatever you say to your in-house counsel could be used against you. Jack R.T. Jordan, a former in-house lawyer for Sprint Nextel Corporation ("Sprint"), alleged that Sprint denied... |
| U.S. House Proposes Registration of Most Private Fund Advisers, Excepting "Venture Capital Fund Advisers"
Amy C. Johnson-Spina, Mayah Judovits, Joseph J. Romagnoli; Torys LLP; November 5, 2009 On October 27, 2009, the U.S. House of Representatives Financial Services Committee approved out of committee proposed legislation titled the "Private Fund Investment Advisers Registration Act of 2009" (the Proposed Legislation); this is the fifth bill introduced this year to regulate... |
| FTC Defers Red Flags Rule Enforcement to June 1, 2010
Kenneth K. Dort, Larry M. Goodall, Kimberly J. Kannensohn, Jonathan A. Vogel; McGuireWoods LLP; November 5, 2009 Last Friday, Oct. 30, 2009, the U.S. Federal Trade Commission (FTC) deferred enforcement of the Red Flags Rule once again, from Nov. 1, 2009 to June 1, 2010, "at the request of Members of Congress." However, the FTC also acknowledged that earlier that day, the U.S. District Court for the... |
| New German Government's Roadmap Could Change Antitrust Rules for Large Firms in Germany
Carsten T. Gromotke, Thomas Jestaedt, Johannes Zöttl; Jones Day; November 5, 2009, previously published on October 2009 On 24 October 2009, the new German government published its roadmap for the next four years. As part of its plans, the government has announced its intention to introduce a power to break up companies ("Entflechtung") into German antitrust law. It is an understatement to say this has... |
| Immediate Clampdown on Debt Buy-Backs
Ian R. Reid, Charlotte L. Sallabank; Jones Day; November 5, 2009, previously published on October 2009 The Government have announced in a Written Ministerial Statement that changes will be made in next year's Finance Bill, with effect from 14 October 2009, to amend the UK tax rules applying where existing debt is purchased at a discount by a company connected to the debtor. |
| UCP 600: Confirming Banks and Nominated Banks
Edwin Borrini, David M. Fricker, Amy Kho; Jones Day; November 5, 2009, previously published on October 2009 Fortis Bank S.A./N.V. and Stemcor UK Limited v Indian Overseas Bank is one of the first cases to consider the language of the current edition of the Uniform Customs and Practice for Documentary Credits ("UCP 600") relating to the right of reimbursement owed by an Issuing Bank to a... |
| House Small Business Committee Proposes New SBIC Equity Program
Charles A. Cavallo, Geoffrey C. Cockrell, Terry L. Haines, Mark A. Kromkowski, Michael P. Lusk, Ramsey White; McGuireWoods LLP; November 5, 2009, previously published on October 30, 2009 The House of Representatives Small Business Committee has proposed H.R. 3854, the "Small Business Financing and Investment Act of 2009." H.R. 3854 was sponsored by Representatives Schrader (D-OR), Velazquez (D-NY), Halvorson (D-IL), and Kirkpatrick (D-AZ) and creates, modifies and/or... |
| Germany Strengthens Data Protection Act, Introduces Data Breach Notification Requirement
Mauricio F. Paez, Jörg Rehder; Jones Day; November 5, 2009, previously published on October 2009 In July 2009, the German legislature passed various controversial amendments (the "Amendments") to the Bundesdatenschutzgesetz, Germany's Federal Data Protection Act ("BDSG" or the "Act"). While these Amendments were not as extensive as many had initially hoped or... |
