ILN Newsletter Volume Three Issue Two

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Gadens Lawyers, Sydney, Australia - The Australia - United States Free Trade Agreement by Chad Perlov

Gadens Lawyers, Sydney, Australia - Incorporated Limited Partnerships for the Venture Capital Industry - new entity for the growing industry by Clive Cachia

New York, May 3, 2004 - It is with great pleasure we announce the publication of the inaugural issue of the International Legal News.

This electronic newsletter will be published bi-annually and is being circulated to a select group of senior executives and general counsel of major international corporations. The articles in the newsletter are contributed exclusively by member firms of the International Lawyers Network.

For your preview of the corporate newsletter scheduled for publication on May 3, 2004 click here. If you have any comments or would like additional information on how to contribute to this publication, please contact Alan Griffiths via email alangriffiths@iln.com or telephone 201.594.9985

New Regulation on Foreign Investments

(France)

by Roland Montfort

Foreign investments in France are subject to various mandatory filings the main effect of which is to oblige practitioners to a strict monitoring not only at the very early stage of the acquisition process but also during the entire lifetime of the investment. The vagueness and complexity of recent provisions are not adapted to complex acquisition structures. It is likely that multiple filings will have to be complied with. Advance discussion with the competent personnel at the various civil administrations concerned might be of valuable assistance in order to simplify as much as possible the filing process and gain some legal certainty on the interpretation of the applicable regime.

For the complete article click here:

Non-Trustee Bank’s Potential Liability For Aiding A Trustee
In A Breach of Trust

by Michael A. Rubenstein and David W. Deal

Trustees are fiduciaries authorized to serve the interests of the beneficiary. A trustee’s duties often include responsibility for financial transactions, and those transactions at some point will involve a bank or other financial institution. For example, checks may be written from a trust account, or cash withdrawn from a trust account; a bank may accept trust funds as security for a loan; or, the bank may be a transferee of a negotiable instrument drawn on trust funds.

For the complete article click here

The Brazilian Anti-Trust Legislation and the Cartels' Practice

by Sueli Avellar Fonseca and Carlos Nehring Netto

For almost thirty years, Brazil had an antitrust law that although greatly inspired by the U.S. regulatory model was in fact inoperative. The mechanisms created to enforce Law no. 4,137, of September 10, 1962, were swept in the bureaucratic system of the government.

In 1990 and 1991, however, Laws nos. 8,002 and 8,158 helped to focus on a new set of issues such as the establishment of a new economic order, as well as the protection of free competition and of the consumers’ rights. It was in this scenario that Law no. 8,884 was enacted on June 11, 1994.

For the complete article click here

Finding Your Way Through The Dispute Resolution Maze In China

by Mingli (Michael) Chen

APRIL 2004

Many Americans hope to make a fortune out of an investment in the growing and promising Chinese market. A U.S. investor in China, however, will find himself or herself in a legal system which is much different than that found in the

United States

. While the principal avenues for dispute resolution are the same in both China and the U.S., namely litigation and arbitration, the advantages and disadvantages of each under the Chinese legal system are quite different from those under the

U.S.

legal system. Gaining a good understanding of the Chinese dispute resolution process is thus critical to a

U.S.

investor’s overall evaluation of the merits of venturing into the Chinese markets.

For the complete article click here


Upcoming Events

2004 Asia Pacific Regional Meeting hosted by ILN Madarin Oriental Hotel London, England 10:00 a.m. - 1:30 p.m. Wednesday June 2, 2004	2004 16th Annual Meeting hosted jointly by Fladgate Fielder & Memery Crystal, Madarin Oriental Hotel London, England June 2 - 6, 2004	2004 European Regional Meeting hosted by the ILN Barcelona, Spain September 9 - 11, 2004

New York, April 2004 - ILN Forms Insolvency & Restructuring Practice Group - Co-Chaired by David Willenzik & Marc Udink for more information check the Practice Group area on the ILN website www.iln.com

Royal Delft Offers 15% Discount to ILN-Members More....

Lehman, Lee & Xu, Beijing, China - Finding Your Way Through The Dispute Resolution Maze In China by Mingli (Michael) Chen

Lehman, Lee & Xu, Beijing, China - Doing Business in China by Janet Yong

January 20, 2004 Vilnius, Lithuania - Lideika, Petrauskas, Valiunas ir partneriai announces the appointment of Mr Zilvinas Zinkevicius as the the eighth partner of the law firm.

April 19, 2004 Vilnius, Lithuania - Lideika, Petrauskas, Valiunas ir partneriai - Leading Baltic law firms team up to combine local experience and knowledge more....

Lefèvre Pelletier & associés, Paris -New Foreign Investment Law in France by Roland Montfort -

Law Office Tark & Co., Tallinn - Criminal Liability for Illegal Mergers by Minni-Triin Park

March 16, 2004 New Orleans, Louisiana - McGlinchey Stafford carving out a niche serving consumer finance companies - this articles appeared in New Orleans Times Picayune by Lisa Stansky - Contributing writer -
complete article ........

Udink & De Jong, The Hague - European Law & Trust by Marc Udink & Professor Dr. Christoph Paulus (originally published in eurofenix Spring 2004)

London, England - Memery Crystal April 2004 - Memery Crystal has announced the appointment of Alexandra Bonner as a partner in the Employment Department with effect from the 6th April 2004.

Alexandra specialises in all areas of employment law particularly advising on the issues that arise on acquisitions, disposals and restructuring for both private and listed companies.

Says Memery Crystal’s senior partner, Peter Crystal, “Alexandra is a first-rate lawyer. We are delighted that she is joining the partnership; her contribution will be invaluable.”

Arnstein & Lehr LLP, Chicago, Illinois - Planning and Vigilance is Necessary in Bankruptcy Matters by Raymond J. Werner
(Originally published in Vol. 16 No.. 9 of Commercial Leasing Law and Strategy February 2004)

Beirne, Maynard & Parsons LLP, Houston - Trade Secrets & Corporate Esponage - (Protecting Your Company's Crown Jewels) by Glenna Rodgers, Eni Petroleum Co. Inc and Scott D. Marr, Beirne, Maynard & Parsons, LLP

(Originally published in April 2004 Issue of ACC Docket)

Scottsdale, Arizona - Merton E.Marks, P.C. April 1, 2004 ILN Member Merton E. Marks, a commercial arbitrator and mediator, gave two talks at a recent meeting of the Federation of Defense & Corporate Counsel in Kona, Hawaii. The first was on “Provisions That Should Be Included in International Arbitration Agreements.” The second talk discussed “New Provisions of the American Arbitration Association-American Bar Association Code of Ethics for Commercial Arbitrators” which became effective on March 1, 2004. The Federation is an international organization of attorneys and executives involved in the insurance industry. Mert is vice-chair of its Alternative Dispute Resolution Section.

Phoenix Office
8655 East Via de Ventura, Suite G200
Scottsdale ,
Arizona 85258-3321, USA
Telephone 480-346-1055
Facsimile 480-346-1056

Tucson Office
850 North Kolb Road
Tucson ,
Arizona 85710-1333, USA
Telephone 520-886-6111
Facsimile 520-886-9694 email: memarkspc@hotmail.com

Cooper & Dunham LLP, New York, NY - You Can Win Attorney's Fees and the Infringing Party's Profits In Trademark Infringement Cases by Norman H. Zivin and Ronald S. Billingsley, Jr.

Epstein Becker & Green, P.C. Boston, Massachusetts - Zheng v. Liberty Apparel Co.: A New Standard to Determine “Joint Employer” Status under the FLSA By Ellen C. Kearns

Epstein Becker & Green, P.C. , New York, NY - Duties and Obligations of a Company and its Officers and Directors upon Going Public by Mr. Sidney Todres, Mr. Theodore L. Polin & Mr. Sasha N. Badian

Epstein Becker & Green, P.C. Washington, D.C. - Yao Ming vs. Coca-Cola: A Professional Athlete’s Right to Publicity in China by Mr. James Falk Jr.

Epstein Becker & Green, P.C. Washington, D.C. - Doing Business in China - Protecting Your Trademark Assets by Mingli (Michael) Chen, Lehman, Lee & Xu, Beijing, China, and Corinne Marie Pouliquen, Epstein Becker & Green, P.C., Washington, D.C.

Epstein Becker & Green, P.C. Washington, D.C. - New U.S. Department of Labor Rules Mean Major Revisions to Corporate Human Resources Policies by Shlomo D. Katz

April 2004 - Roseland, NJ - Wolf, Block, Schorr & Solis-Cohen - A Great Victory!

WolfBlock attorneys in the firm's Roseland, NJ office, Carl Soranno and Jonathan Bick, along with associate Adelaide Riggi secured the exclusive right to use the trademark JERSEY SHORE in reference to radiological and imaging medical services in the Jersey Shore area of New Jersey for client Jersey Shore Radiology Associates by litigating this matter in the United State District Court for the District of New Jersey. This achievement is noteworthy for two reasons.

for the complete article and more WolfBlock News click here

Fogler Rubinoff, Toronto, Canada -Pipeda is Here: Are You Prepared? by Karen Rosen, Mark Redinger and Seung Lisa Lee

Fogler Rubinoff, Toronto, Canada -Canadian Recording Industry Strikes Out In Music File Swapping Decision - Commentary on BMG Canada Inc. et. al. v. John Doe et. al. by Gary N. Bouchard

Howard, Rice, Nemerovski, Canady, Falk & Rabkin , San Francisco, California - Financial Privacy and the California Experience by Barry A. Abbott & Clayton T. Coon - (This article appears in volume 23 of the Annual Review of Banking and Financial Law. Any person accessing this work agrees not to redistribute it or use it for commercial purposes).

CONTACT

International Lawyers Network
Executive Offices:
45 Rockefeller Plaza, Suite 2000
New York, NY 10111
Tel: 212.332.2488
Website: www.iln.com

McKinney & Stringer, P.C., Oklahoma City, Oklahoma - Non-Trustee Bank’s Potential Liability For Aiding A Trustee In A Breach of Trust by Michael A. Rubenstein and David W. Deal

McKinney & Stringer, P.C., Oklahoma City, Oklahoma - Vicarious Environmental Liability in Agricultural Operations by Mr. Brent Blackstock

Alan Griffiths
Executive Director
179 Kinderkamack Road
Westwood, New Jersey 07675
Phone: 201.594.9985
Fax: 201.594.9431
e-mail: alangriffiths@iln.com

Antonetti & Córdova, P.S.C, San Juan, Puerto Rico Labor & Employment Law

C.R. & F. Rojas, La Paz, Bolivia
New Tax On Financial Transactions by Pablo Rojas

C.R. & F. Rojas, La Paz, Bolivia
Securitisation in Bolivia by Diego Rojas

M. & M. Bomchil, Buenos Aires, Argentina - Foreign Employees - Migratory, labor and social security aspects

Nehring e Associados Advocacia, Sao Paulo, Brazil - The Brazilian Anti-Trust Legislation and the Cartels' Practice by Sueli Avellar Fonseca and Carlos Nehring Netto