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Many employers may feel that firing employees when they acquire a disability or refusing to hire disabled applicants is cost-efficient however, such employment practices can become an even more costly mistake because it is against the law and can subject the employer to legal liability.
It’s far too easy to become a slip-and-fall statistic in this country. Each year, more than one million Americans suffer this fate. Most of us have seen fluid spills covering grocery store floors and know that our neighborhood sidewalks can prove treacherous if we fail to carefully watch our footsteps.
The long-awaited “Communiqué on Mergers and Acquisitions Calling for the Authorization of the Competition Board” (the “New Communiqué”) was published in the Official Gazette on 7 October 2010. The Communiqué, which entered into force on 1 January 2011, introduces a new merger control regime, in line with recent developments in European Commission (the “EC”) legislation.
On December 30, 2010, Chongqing No.5 Municipal Intermediate People's Court issued a decision on the Pepsi Cola – Tianfu Cola case, establishing that Pepsi shall cease to use Tianfu group’s technology secrets and know-how (including Tianfu Cola’s component, formula and business secrets with respect to the production), return the formula, as well as all the documents with respect to Tianfu group’s technology secrets and know-how.
The State Council of PRC issued the Regulations on Administration of Registration of Resident Representative Offices of Foreign Enterprises(the "New Regulations") on November 19th, 2010 and the New Regulations will take effect on March 1st, 2011.
Unification of the Taxation of Foreign Enterprises, Foreign Invested Enterprises and Domestic Enterprises - China
The State Council issued the Notice on Unifying the City Construction Tax and Educational Surcharge of the Foreign Invested Enterprises, Foreign Enterprises, Foreign Individuals and Domestic Enterprises (the "Notice") on October 18th, 2010.
The 3rd Interpretation regarding the Applicable Law of Labor Dispute Cases (the “Interpretation”) was issued by the Supreme Court on 13rd September, 2010 and was effective since 14th September, 2010.
The PRC Supreme People's Court issued the Provisions on Several Matters Concerning the Hearing of Disputes Involving Foreign-Invested Enterprises (I) (the "Provisions") on August 16, 2010, which entered into force on the same day. The Provisions provide guidance for certain disputes arising from the establishment and changes in the registration of the foreign-invested enterprise (the "FIE").
State Administration of Industry and Commerce (hereinafter "SAIC") issued the Measures on the Management of Trademark Agency (the "Measures") on July 12, 2010, according to the Trademark Law and the Implementation Measures of the Trademark Law.
Ministry of Commence of PRC issued the Notice on the Transfer of Approval Authorization of Foreign Investment (hereinafter the "Notice") on June 10, 2010.