Business and Industry Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Business and Industry.

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Watch Your Words When Drafting a Settlement and Release

  April 14, 2011     By Schwell Wimpfheimer & Associates LLP
Say what you mean and mean what you say. That’s the message from the Delaware Court of Chancery in a recent case involving an agreement between two parties to settle their dispute. When the parties then began to fight over exactly what they had agreed to settle, the court dissected their agreement word for word.

If My Only Contact with a State Is My website, Can I Be Sued There?

  April 14, 2011     By Schwell Wimpfheimer & Associates LLP
A recent decision by the United States Court of Appeals for the Second Circuit in Penguin Group (USA) Inc. v. American Buddha may make it easier for New York plaintiffs asserting copyright infringement over the Internet to haul infringers into court in New York.

Recent Bankruptcy Court Decision May Illuminate Whether Electricity Will Be Considered a Good

  April 14, 2011     By Schwell Wimpfheimer & Associates LLP
I give the experimentalist’s answer to the very fundamental but very familiar query: “What is electricity?” His answer is naïve, but simple and definite. He admits at once that as to the ultimate nature of electricity he knows nothing. –Robert Millikan, American Nobel Laureate in Physics

Concerning Legal Responsibilities of the Head of a Representative Office of a Foreign Company - Ukraine

  April 14, 2011     By Legal Alliance
According to the Article 1 of the Law of Ukraine “On Foreign Economic Activities”, a representative of the foreign subject of business activity can be considered an institution or a person representing interests of a foreign subject of business activity in Ukraine that has properly registered respective authorities.

EU Quality Policy Regarding Geographical Indications and Traditional Specialities

  April 11, 2011     By Andreas Neocleous & Co LLC
Since 1992, the European Union has operated three programs of product designations in order to promote and protect the names of quality agricultural products and foodstuffs. They fall into two categories: those linked to a territory and those relating to a particular production method.

Recent Changes to the Hong Kong Companies Ordinance

  April 11, 2011     By Angela Wang & Co.
The Companies Ordinance of Hong Kong (“CO”) has been amended by the Companies (Amendment) Ordinance 2010 (“Amendment Ordinance”) in July 2010 and its principal purpose is to launch the electronic company incorporation and to implement a one-stop electronic company and business registration service in Hong Kong.

Food Dyes

  April 4, 2011     By Brien Roche Law
Food dyes are debated within the FDA.

China's Seed Industry

  April 3, 2011     By MMLC Group
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.

Determing Who to Serve 20 day Preliminary Notices Upon on a Construction Project per California Law

  April 2, 2011     By Wolff Law Office
Who is the owner, construction lender, or payment bond surety for purposes of serving, recording and pursuing preliminary notices, mechanics liens, and payment bond claims in California law?

Prompt Payment Laws, Laibilities & Legal Rights on Public and Private Construction Projects in California Law

  April 2, 2011     By Wolff Law Office
California prompt payment laws, rights and liabilities for progress and retention payments for owners, contractors and subcontractors on private and public works construction projects.

How to Record a valid Mechanics Lien; How to Maintain, Perfect & Enforce a Mechanics Lien per California Law.

  April 2, 2011     By Wolff Law Office
Time Deadlines, Procedures and Traps for Contractors and Subcontractors on Mechanics Liens under California Laws

California Law on What Types of Construction Claims and Costs May Be Included in a Mechanics Lien

  April 2, 2011     By Wolff Law Office
Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws.

Minimization of Risks of Investing in the Commercial Real Estate - Russia

  March 28, 2011     By Tenzor Consulting Group
Speaking in these days about investing in general, and investing in the commercial real estate in particular, it is impossible to go round attention crisis situation, folded in a world economy. This crisis struck on the investment projects of citizens and companies stronger than on all.

Collective Investment Schemes under Nigeria’s Investment and Securities Act 2007

  March 27, 2011     By Blackfriars LLP
Part XIII of the Investment and Securities (ISA) 2007 creates collective investment schemes in Nigeria.

5 Reasons to Form an LLC

  March 23, 2011     By Cameron Kelly Law, LLC
There are many reasons to form an LLC for your business venture. Here are five.

Mandatory Use of Indonesian Language in Contracts

  March 21, 2011     By Premier Law Alliance
Impact of Law No.24/2009 remains unclear and Indonesian business actors continue to be nervous about its potential scope. Risk averse parties are taking cautious approach and require agreements to be translated into Indonesian prior to execution. Parties should address this matter clearly at the beginning of a transaction and communicate with counterparts, as the position taken on whether translations will be required can materially affect costs and timeframes.

So You Wish to Establish a Foreign Representative Office in Indonesia?

  March 21, 2011     By Premier Law Alliance
Before establishing a more permanent business in Indonesia, multinational companies usually establish a representative office. Granted, establishing a representative office is less complicated than establishing a foreign investment company in Indonesia. However, representative offices will only be able to handle limited activities and not performing 'real' business.

Shipping Fees without a Written Agreement - A Dispute between an Importer and a Shipping Company - Israel

  March 21, 2011     By Gill Nadel Law Offices
An action for the sum of 21,000 NIS was filed to the Magistrate's Court of Haifa for a debt concerning failure to pay for continental shipping.

The Court Decides on the Accounting between an Importer and an International Forwarder - Israel

  March 21, 2011     By Gill Nadel Law Offices
A decision was recently issued by the Magistrate's Court of Tel Aviv deciding on the financial arrangements between an importer and an international forwarder, on a number of subjects.

Is There a Limit to an Interest Rate? The (Ongoing) Debate between a Customs Agent and an Importer - Israel

  March 21, 2011     By Gill Nadel Law Offices
A customs’ agent filed an action for around 230,000 NIS against the Markel Stav Corporation (importers) for an alleged debt for customs agency services, credit, and financing. The action was also filed against two guarantors for the importer's alleged debt.

Creating a Branch (Representative) Office in Russia

  March 19, 2011     By CDR. Litigation Boutique, LLC
There are different forms of a foreign company's presence in Russia, one of them is a branch (representative) office.

How to Enforce a Foreign Judgment in China

  March 17, 2011     By Amaris Law
A case study on enforcing a German judgment in P.R. China, showing exemplary pitfalls for foreign clients who intend to realize the enforcement of a foreign judgment in China.

What is Exactly Fair Use?

  March 16, 2011     By IP Law Click, PC
Defending against copyright infringement.

An Introduction to Turkish Electronic Evidence in Civil Proceedings

  March 15, 2011     By Guvener&Can Law Firm
Many laws and regulations concerning the Internet have recently entered into force in Turkey. But there is still no uniform legislation for digital evidence and the discovery of documents in digital format.

Creating an LLC in Russia

  March 14, 2011     By CDR. Litigation Boutique, LLC
If you want to start business in Russia, there are several legal issues you have to consider. First of them is the legal form of the entity. Herein we shall discuss limited liability company as one of the most popular opportunities.

What Amounts, Claims and Costs May be Included in a Mechanics Lien under California Law.

  March 12, 2011     By Wolff Law Office
Amounts Recoverable on a Mechanics Lien under California Law

How to Substitute Listed Subcontractors On California Public Contracts under the Fair Practices Act Law

  March 12, 2011     By Wolff Law Office
How to substitute or remove listed subcontractors on California public works government construction jobs under the Subletting and Subcontracting Fair Practices Act, Public Contract Code sec. 4104, 4106 & 4107.5 substitution procedures and hearing procedures, lawsuits by substituted subcontractors for lost profits, and other concerns for listed subcontractors and substitute subcontractors.

International Sales: Standard Forms and Incoterms

  March 11, 2011     By Villagran Lara, Attorneys
The author explains about the advantages of contracting on standard form contracts and using shipping terms, including Incoterms.

The Weaknesses of the Mauritian Banking System

  March 10, 2011     By Wortels Lexus
The figures brought forward by our economists and the various statistics demonstrate the brightness of the banking sector in Mauritius. International and local papers usually praise such performance by using the figures as common denominator. On the other hand, is there anybody caring of the well being of the banks’ customer ?

The Court: an Unsigned Contract with a Logistics Services Supplier Is Binding - Israel

  March 9, 2011     By Gill Nadel Law Offices
From time to time, disputes rise between sides who do not regulate their relations in a written contract. Situations like these reach the courts for settlement, and for the court’s ruling on a complex question regarding the very core of the relations formed between the parties.

Using Involuntary Dissolution to Resolve Shareholder Disputes

  March 6, 2011     By Matt Dickstein, Business Attorney
Shareholders and partners are like married couples: they fight. It makes no difference that the dispute is between deadlocked equal partners, or between minority and majority shareholders. In both cases, the shareholders and partners need a divorce.

Getting Started on a Commercial Eviction: the 3-Day Notice

  March 6, 2011     By Matt Dickstein, Business Attorney
This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant defaults on the lease (usually by not paying rent) the landlord cranks up the machinery of eviction by serving a 3-day notice.

Employment Contracts with Foreign Citizens in Russia: Fixed-term Vs. Non-fixed

  March 5, 2011     By Levine Bridge Law Firm
The issue of duration of employment contracts entered into with foreign citizens in relation to Russian labor law often arises in the course of recruiting foreigner employees in Russia.

Some Things You Should Consider before Buying a Business in Queensland - Australia

  March 2, 2011     By Riba Business Lawyers
Before a buyer can enter into a contract to purchase a business it is important to seek advice in relation to the most effective structure for use as the purchasing entity.

The Romanian Trade Register

  February 28, 2011     By Taralunga & Taralunga Law Office
Regarding its organizational structure, the Trade Register shall be kept by “The Trade Register Office”, which is organized in every county and in Bucharest, near the local trial court.

Setting up a Company in Romania

  February 28, 2011     By Taralunga & Taralunga Law Office
General information for foreign investors.

Start-up Business in Russia

  February 28, 2011     By Tenzor Consulting Group
In an existing macroeconomic situation Russia is a quite advantageous partner and object of foreign investments in the context of the population of the country is about 141 million people while the number of economically active population is 76 million people. Besides the country undergoes increase of Gross Domestic Product up to the level of middle 2008. According to forecasts of the Russian Ministry of economic development they plan increase of GDP to 5-11 % for 2010-2012.

Delay for a French Commercial Agent to Notify His Intention to Claim Damages after Termination of His Contract

  February 18, 2011     By IFL Avocats
When a commercial agency contract is terminated the commercial agent under French Law can claim indemnities unless he has committed serious negligence. The French commercial code provides that the commercial agent is obliged to notify his intention of claiming indemnities within a year from the termination of his agency contract. The Cour de cassation, French civil Supreme Court, in a recent decision has had the opportunity to detail when this delay really started.

What Is the Best Legal Structure for Your Business?

  February 12, 2011     By Paul R. Hales, Attorney at Law, LLC
Operating, owning or starting a business is increasingly complex. Good business planning, whether for new or existing businesses must take into account the legal issues the business will face and consider the best legal structure for the business in today's regulatory environment.

Revision of the Czech Republic Civil Code

  February 11, 2011     By Andreas Neocleous & Co LLC
In the Czech Republic, work is nearing completion on the revision of one of the most fundamental laws, namely the Civil Code.

The Law Applicable to Contractual Obligations (Rome I Regulation) Concluded by Cyprus Companies

  February 9, 2011     By Andreas Neocleous & Co LLC
A summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies.

European Private Company or Societas Privata Europaea - Cyprus

  February 9, 2011     By Andreas Neocleous & Co LLC
Thoughts on the question whether the born-to-be European private company could potentially compete with a private limited liability company under Cyprus law.

Corporate Taxes and Company Registration in Bulgaria

  February 3, 2011     By Trifonov Law Offices
Major advantages of setting up a company in Bulgaria.

Turkey’s New Merger Control Regime

  February 1, 2011     By Kolcuoglu Demirkan
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.

Personal Liability of Directors & Shareholders in Ontario, Canada

  January 31, 2011     By Wagner Sidlofsky LLP
In Ontario, businesses are incorporated for many reasons including shielding its shareholders from personal liabilities. The Ontario Business Corporations Act's oppression remedy is one way in which debtors may pierce the corporate veil. This article discusses another difficulty for shareholders. Canadian courts have found shareholders' personally liable when said shareholder failed to "bring home" to the debtor that he is negotiating on behalf of his corporation.

Understanding Commercial Leases

  January 27, 2011     By Matt Dickstein, Business Attorney
In this article the author explains the basics of commercial leases.

Legal Compliance Checklist for a Medical Corporation

  January 27, 2011     By Matt Dickstein, Business Attorney
In this Article, the author gives you a legal compliance checklist for your medical corporation.

Should you Incorporate Your Medical Practice?

  January 27, 2011     By Matt Dickstein, Business Attorney
In this Article, the author answers the question, should you incorporate your medical practice? What are the costs and benefits of forming a medical corporation?

Shareholders Agreements in Russian Joint-Stock Companies

  January 25, 2011     By Lidings Law Firm
The possibility to conclude shareholders agreements in joint-stock companies emerged after enactment of the Federal statute, dated June 3, 2009 No. 115-FZ. «On Amendments to the Federal Statute “On Joint-stock Companies» and to the Article 30 of the Federal Statute «On the Securities Market». The Statute amended another Federal statute: «On Joint-stock Companies» with article 32.1 that determined the form, the status and restrictions at the conclusion of shareholders agreements.

Why Have an Agreement? - Canada

  January 19, 2011     By Anurag Gupta Professional Corporation
We have all heard of the saying “he says-she says”. Absent an agreement, the “he says-she says” can become a problem, especially for the grieving party. We have heard of prenuptial agreements, separation agreements, commercial agreements, confidentiality agreements, and a plethora of other agreements. It is conceivable to draft up an agreement for any given situation.

New Patent Annuity Regulations in Ecuador

  January 19, 2011     By Bermeo & Bermeo Law Firm
New Patent Annuity Regulations in Ecuador increased maintenance fees and changed the payment deadlines, annuity number and amount to pay. Changes affect granted patents, new and previously filed applications. It is very important to establish the new rules to avoid the abandonment of the patents...

Canadian Litigants Battle over Scope of Arbitration Clauses

  January 19, 2011     By Ellyn Law LLP
In Canadian courts, arbitration agreements are broadly interpreted and if a dispute could arguably fall within the scope of an arbitration clause, the court should refer the parties to arbitration. Courts should permit the arbitrator to determine if the claim falls within the scope of the arbitration clause. However, that doesn't mean there is no litigation over arbitration clauses.

Shanghai’s Pilot Program Facilitating Foreign-invested RMB Funds

  January 18, 2011     By Guo Lian Law Firm
Shanghai Municipal Finance Office officially released the Details on Implementing the Pilot Program of Foreign-invested Equity Investment Enterprises [Hu Jin Rong Ban Tong (2011) 38] on 12 January 2011 (“Pilot Program”), which will take effect from 1 February 2011.

Foreign Investments Entry Vehicles to China

  January 17, 2011     By Pamir Law Group
Unlike in some western societies where one form of company can be used for a broad unlimited business scope, in China different corporate structures are used for different purposes. It is important to understand the structural options to avoid trying to cram a round peg through a square hole.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Approval Criteria

  December 30, 2010     By L Y Lu & Co
Foreign investor manufacturing license application – Malaysian government’s guidelines requirement.

Foreign Investment: Setting up of Manufacturing Business in Malaysia- Basic Requirements

  December 30, 2010     By L Y Lu & Co
Manufacturing license application - Eligibility and statutory requirement.

Remedies against Breach of Contract

  December 26, 2010     By Hemanth & Associates
In the day-to-day affairs of today’s world, not a single day passes without reference or discussions about some contracts, whether it is rendering service, employment, supply, distribution or purchase. We enter into contracts so many times in a day that ‘contract’ has become an indispensable part of our life.

Recent EU Legislation Regarding Undertakings for Collective Investments in Transferable Securities

  December 22, 2010     By Andreas Neocleous & Co LLC
The European Commission has recently published a number of new Regulations and Directives regarding UCITS.

Cyprus Removed from All Italian Tax ‘Blacklists’

  December 22, 2010     By Andreas Neocleous & Co LLC
The additional protocol to the Cyprus – Italy agreement on the avoidance of double taxation, which was signed on 28 May 2009, has now been ratified by both countries and has come into effect. The additional protocol provides for the exchange of bank and other information based on the OECD Model Tax Convention.

China’s New Rules Regulating Foreign Representative Offices

  December 20, 2010     By Guo Lian Law Firm
The State Council released the revised Administrative Regulations for Registration of Foreign Enterprise Representative Offices on 19 November (“Regulations) replacing previous rules issued in 1983. The Regulations stipulate several new requirements that increase Rep Offices' administrative burdens.

Acquisitions in Ukraine: 10 Tips on Making a Successful Deal

  December 17, 2010     By Avellum Partners
With the global financial crisis approaching its end, M&A activity is picking up in Ukraine. Foreign buyers are again looking at the Ukrainian market as sellers have adjusted their pricing expectations to reasonable levels. With this trend in mind, it could be useful to reiterate a few basic aspects of investing in Ukraine.

Setting Up a Representative Office in Malaysia

  December 14, 2010     By L Y Lu & Co
A Representative Office of a foreign company is an office which is established in Malaysia to perform permissible activities for its head office.

Setting Up a Company in Malaysia

  December 13, 2010     By L Y Lu & Co
Malaysian Companies Act 1965 provides that a Malaysian company shall have at least two directors, each having his principal or only place of residence within Malaysia.

Mining Duties, Royalties and Taxes in the Democratic Republic of the Congo

  December 11, 2010     By Yav & Associates
Mainly, the mining industry comes under the control of is the Mining Code and the ancillary Mining Regulation. This legislature is in general application throughout the entire country and offers some tax advantages and incentives available to private parties that perform mining activities.

Liquidation of Capital Companies in Turkey

  December 2, 2010     By ADMD Law Office
Capital companies are the most common form of commercial entities in Turkey. The most common capital companies which are; joint stock companies (“Corporations” / Anonim Şirket in Turkish) and limited liability companies (“LLC’s” / Limited Şirket in Turkish) and their liquidation procedures will be reviewed by this article.

A Comparative Approach Regarding Applications of Turkey and of France for Employment of Expatriates

  December 2, 2010     By ADMD Law Office
Foreign Direct Investments (FDI) are defined by the Organisation for Economic Co-operation and Development (OECD) as an operation by which an investor acquires a lasting interest and a significant influence in the management of a firm that is situated abroad. Purpose of this article is to compare difficulties met by a French company willing to invest in Turkey and a Turkish company willing to invest in France, as regards to work permits and visas for expatriates.

A Safe Harbor for Educational Use of Copyrighted Works. The Teach Act

  November 26, 2010     By Michaud-Kinney Group LLP
Distance learning has become an increasingly popular means of teaching educational topics to students on-line in undergraduate, graduate and professional development venues. Such distance learning classes strive to match the face-to-face classroom learning experience, which often incorporate display of copyrighted materials,1 in particular digital formatted works, such as photographs, sound recordings and movies to supplement and fortify the learning experience.

How Prior Art Searches Can Help You Develop and Protect Your Intellectual Property?

  November 26, 2010     By Michaud-Kinney Group LLP
The term “prior art” encompasses what is known to the public before a certain time, usually, what is known prior to development of an invention. Prior art includes articles, domestic and foreign published patent applications and issued patents, lectures, slide shows, books, and the like. A prior art search allows you to gain a better understanding of the state of the prior art prior to filing a patent application or releasing a new product to the market.

Patented Product for Horses or Halloween Costumes?

  November 26, 2010     By Michaud-Kinney Group LLP
With over 9 million horses in the United States and over 58 million horses worldwide, many savvy entrepreneurs have sought patent protection for their equine related inventions. For example, horses can be severely bothered by flies and other insects especially when the insects fly into the horse’s eyes. The headlined photographs illustrate two examples of “fly masks” which could be used to combat such eye irritation, at least one of which was patented.

Lessons from Thomas' English Muffins. Are Your Company’s Secrets Safe?

  November 26, 2010     By Michaud-Kinney Group LLP
For over one hundred years, Thomas’ English Muffins has been making its english muffins with the famous “nooks and crannies.” Until this year, Thomas’ probably thought its secret to the muffin was safe. However, Chris Botticella, a former senior vice president for Bimbo Foods, the owner of Thomas’ English Muffins, is involved in a lawsuit with his former employer after he accepted a job with its competitor Hostess.

Prohibition on Competition by Management Board Members - Estonia

  November 25, 2010     By Borenius
A brief overview of what restrictions affect the competitive activities of a management board member and the most practical ways to manage restrictions in order to avoid disputes.

A Recipe for Disaster

  November 21, 2010     By Aaron Kelly Law
Why a magazine is in hot water over a half-baked response to alleged copyright infringement.

How to Protect Your Business against Internet Defamation

  November 21, 2010     By Aaron Kelly Law
The Internet is, as the cliché goes, "a marketplace of ideas." Whether a person has an opinion on politics, commerce, or even the show they saw on TV last night, there is always a forum to spread their opinion on, and that opinion will be available worldwide.

Crucial Elements of a Terms of Service Agreement

  November 21, 2010     By Aaron Kelly Law
The author gives 5 important examples in Terms of Services.

ISP Liability for Internet Defamation

  November 21, 2010     By Aaron Kelly Law
Defamation is a serious problem on the Internet. For the same reason that the Web has become a great tool for research and mass dissemination of information, it has also become a tool for those who would seek to defame others.

Terms of Service: Why You Need Them on Your Website

  November 21, 2010     By Aaron Kelly Law
Why are they important to have on your website?

Internet Privacy - New Legislation

  November 21, 2010     By Aaron Kelly Law
An article about Internet Privacy, "Do not track" list, and privacy legislation.

How Does the FTC Affect Online Business?

  November 21, 2010     By Aaron Kelly Law
Internet law is a relatively new field of legal practice: state and federal courts and agencies are creating it on an ad hoc basis, attempting to fit the highly specialized disputes that arise from website development, service provider liability, copyright/trademarks, and the professional scope of online businesses and affiliate marketers into preexisting legal frameworks.

Policies and Procedures for Online Businesses

  November 21, 2010     By Aaron Kelly Law
Understanding the online business world can help you build value for your business. From the founding of your company, and every day thereafter, you should be thinking about maintaining a presence online and building relationships that will be of value. Each move you make can make your company more or less valuable. This advice applies to both local businesses and those wishing to operate in the global market.

10 Things Every Internet Marketer Should Know

  November 21, 2010     By Aaron Kelly Law
Summarize your business plans, goals, and time frames in order to become a successful internet marketer.

Forming a Business in Arizona

  November 21, 2010     By Aaron Kelly Law
In Arizona, the Limited Liability Company ("LLC") has become the standard for most businesses when choosing the type of legal entity to form. An LLC is an entity that is similar to both a corporation and a partnership. It does, however, have distinct differences from the corporation. Many see it as an answer to the shortcomings of the traditional corporations stringent organizational requirements, and the unlimited liability imposed upon partnerships.

How to Choose a Franchise?

  November 21, 2010     By Aaron Kelly Law
Franchising is a popular way to start your own company, which is why it is not a business decision that should be taken lightly. When choosing a franchise it is important to obtain good advice, take your time, and only make the decision when you are comfortable.

Franchise Agreements, Breach of Contract, and the Role of Franchisee

  November 21, 2010     By Aaron Kelly Law
Typically when we hear the word franchise we think of the large commercial chains of stores that spring up overnight, offering everything from fast food to spray tanning. A franchise is actually much much more.

Small Business Act of 2010

  November 21, 2010     By Aaron Kelly Law
The Small Business Jobs Act of 2010, signed into law by President Obama in late September, is designed to tackle America's continuing high unemployment rate by bolstering that sector of the American economy that has traditionally been responsible for the creation of the most American jobs: the small business sector. Small businesses, employ slightly over half of all private sector employees and over the past 15 years have generated close to 65% of all new jobs.

Business Fraud

  November 21, 2010     By Aaron Kelly Law
We all know the old saying: If something sounds too good to be true, it probably is. But these are hard economic times, and if you're a business owner and that something is a scheme claiming it can put dollars in your pocket, you may be tempted to bite.

Starting a New Business? Build It on a Firm Foundation

  November 21, 2010     By Aaron Kelly Law
The success of a business is rooted in its foundation. So in order to firmly supplant your business in its particular niche, it is important to take the time to understand the different options you have when forming a business.

Chapter 11 Bankruptcy: What Businesses Can File for Bankruptcy?

  November 21, 2010     By Aaron Kelly Law
The United States Bankruptcy code that deals with Chapter 11 Business Bankruptcy is one of the most complicated statutes in American history. Not surprisingly, there are few attorneys that handle these types of cases. Often times our business bankruptcy lawyers receive calls from clients in dire financial straits asking whether a Limited Liability Company (LLC) can file for Chapter 11 Bankruptcy here in Arizona.

Genesis of the Financial Services Law in Mauritius

  November 18, 2010     By Wortels Lexus
Our financial services law is progressively changing the investment environment in Mauritius. It is apposite to see from where it starts.

What to Consider when Deciding to Purchase a Business? - New Zealand

  November 16, 2010     By Quay Law
When buying a business, It is important that you engage your professional advisors at an early stage in the process. Your lawyer and accountant, along with a business broker if there is one involved, are well placed to give you the necessary input and advice to enable you to make an informed decision.

M&A Trends and Developments in the Netherlands

  November 15, 2010     By Heussen
Late 2007 was one of the busiest periods our law firm ever encountered. Then came January 2008 and with it the start of what was to be the worst global credit crisis for decades and everything seemed to come to a grinding halt. Shortly thereafter, the pace picked up again, oddly enough ever so fiercely, but the practice was entirely different. Different deals, different stakes, different momentum.

International Comparative Legal Guide to Mergers & Acquisitions 2010 - Czech Republic

  November 12, 2010     By Weinhold Legal
A practical cross border insight to Mergers & Acquisitions. This article appeared in the 2010 edition of 'The International Comparative Legal Guide to: Mergers and Acquisitions' published by Global Legal Group Ltd, London.

Unfair Business Practices Litigation in a Nutshell

  November 11, 2010     By Mesriani Law Group
Running a thriving and successful business isn’t easy especially since other companies would fight tooth and nail just to get a leg up in the competition. The more successful your business is, the more money you have so it’s no surprise why some companies would resort to unfair business practices just to get ahead.

Strategies to Fight Silent PPOs

  November 3, 2010     By Hursh & Hursh, P.C.
Medical practices are routinely victimized by silent PPOs, but there are strategies available to guard against these predators.

Company Abandonment and Its Impact on the System of Managerial Liability - Spain

  November 2, 2010     By Mariscal & Associates
In this article, the author outlines the protections available to creditors of limited liability companies once they have been abandoned, or ceased commercial trading.

Post-Notification for Merger, Consolidation and Acquisition - Indonesia

  October 29, 2010     By Leks&Co
Overview of Post Notification for Merger, Consolidation and Acquisition.

M&A Made in Ukraine

  October 21, 2010     By Frishberg & Partners
For a while, it seemed like any and all M&A transactions in Ukraine have ceased to exist. Only recently did the Ukrainian M&A activities finally pick up, mostly due to Russian companies coming into Ukraine through Cyprus. Significantly, they all complied with the basic rules for acquiring Ukrainian companies, which are clearly set forth in the Law “On Joint Stock Companies” and related legislation on antimonopoly rules, taxation, etc.

Qualified Foreign Limited Partner – The Latest Development on Foreign Investment in RMB Fund

  October 19, 2010     By Guo Lian Law Firm
In March 2010, Shanghai Government proposed a trial program ("Trial Program"), known as qualified foreign limited partner program, to the central government for its approval. The Trial Program will relax current restrictions on conversion of foreign-currency capital to enable qualified foreign investors to directly invest in a RMB private equity fund. In early October 2010, it was reported that the Trial Program has been approved “in principle” by the relevant departments of the State Council.

Stereotype 2. Arbitration Is Less Formal

  October 12, 2010     By Cai & Lenard
This article is the second in the special set of comments “Stereotypes of international arbitration”. It is worth mentioning that here we discuss the myths which re typical for international arbitration.

Private Investments Funds (ICIS) in Cyprus: the New Trend

  October 10, 2010     By Harris Kyriakides LLC
Cyprus is definitely on the map as a prominent forum for the establishment of private investment funds, also known as private International Collective Investment Schemes (private ICIS). An ICIS can also be formed as a public fund, however the purpose of this brief is to provide a general overview of the primary advantages of a private ICIS.

A Highly-Flexible Legal Instrument: Articles of Association

  October 8, 2010     By Akdogan Uslas, Attorneys at Law
This article mainly discusses the characteristics of Articles of Association under Turkish law and especially provides clarification as to how it can be used as an effective legal instrument.