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January 2003

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Cases & Issues

Cybersmearing Robert Grace has decided to take action against eBay and eBay user Tim Neeley, who apparently 'smeared' Mr. Grace using eBay's buyer feedback option. When asked to take down his comment, Neeley replied "Get a life, Dude" 28.01.03 Eversheds, Cyber Libel Links
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Litigation Review 2003 Law-Now publishes its annual review, which covers a series of short reports in the field of litigation 24.01.03 Law-Now
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Virus Protection Simon Vallor has been jailed for three years under the computer misuse act for sending three viruses claiming to be from Microsoft 22.01.03 Eversheds
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New EAT Decision The EAT has decided that an employee accessing pornography when told not to do so may be dismissed. London Borough of Hillingdon v Thomas 14.01.03 Daniel Barnett
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Broke in the UK In a decision yesterday afternoon, the High Court has held that a company registered in Delaware in the United States can be placed into administration in England 15.01.03Law-Now
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Document Destruction may result in defence strike-out in McCabe Vs. British American Tobacco Australia 07.01.03 Law-Now
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Shock For Arsenal bad news for brand owners, Arsenal have just suffered a shock high court defeat 07.01.03 Law-Now, Arsenal Trademark Links
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Online Gambling A New Orleans case could have had a severe effect on online gambling 08.01.03 Eversheds, Online Gambling Links
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Cash for Option Holders?An Inland Revenue statement following its defeat in the Court of Appeal changes the way sales of shares acquired through unapproved share option exercises are taxed for capital gains tax purposes. This could mean refunds for taxpayers if amended tax returns are lodged in time 30.01.03 Law-Now
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Corporate Governance The Higgs Review of non executive directors and Robert Smith's related report on Audit Commisions both recommended changes to the combined code 30.01.03 Law-Now, Higgs Report Links
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Privacy in Singapore Data protection and other privacy laws in Singapore 31.01.03 Eversheds
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Money Laundering and the Proceeds of Crime Act 2002 comes in to force on the 24th February. Details on changes to the law regarding money laundering obligations of the regulated sector 28.01.03 Law-Now
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Electric Stuff Outlining changes to the electricity (connection charges) Regulations 2002 27.01.03 Law-Now
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Non-Exec Directors Derek Higgs report in to non-executive directors reccomends changes to the combined code 22.01.03 Law-Now, Higgs Report Links
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Higgs Review Non-executives have been very much in the headlines recently. Not only was the Higgs review of Non-Executive Directors (NEDs) announced by the DTI but also, earlier this month the National Association of Pension Funds stated that a non-executive director should limit the number of positions he/she holds to
five 17.01.03 Law-Now
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Trustee Exemption Consultation paper regarding the rights of professional trustees 17.01.03 Law-Now
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Sustainability Fund The Office of the Deputy Prime Minister has published a request for applications for funding from its Sustainable
Land-Won and Marine Dredged Aggregates Minerals Programme 16.01.03 Law-Now
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Skilled Immigrants The Home Office announced this week that the Highly Skilled Migrant Programme (HSMP) would be extended indefinitely 16.01.03 Law-Now, Immigrant Links
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Corporate Fraud After a year filled with financial scandals and terrorist activity, governments are keen to protect their economies and maintain investor confidence 16.01.03 Keeble Hawson
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Consumers Regulations 2002
The Sale and Supply of Goods to Consumers Regulation will come in to force on 31st March, giving consumers new rights 16.01.03 Law-Now
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Takeover Panel On 7 January 2003 the Takeover Panel published a
Consultation Paper (PCP12) setting out its proposals to amend Rule 31.9 of the Takeover Code 15.01.03 Law-Now
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Unfair Contracts consultation paper may have serious
implications for the use of some standard forms used between business parties 14.01.03
Law-Now
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Building Energy A new Directive on the energy performance of buildings has just become part of European Community law 11.01.03 Law-Now
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Employment

Call Up of Reservists Under the Reserve Forces Act 1996, the Secretary of State for Defence has announced that members of the Reserve Forces ("reservists") may be called up for service. 30.01.03 Keeble Hawson
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New Maternity Rights The new provisions of the Employment Act 2002 relating to maternity rights apply to all women whose babies are due on or after 6 April 2003. This includes longer leave and higher statutory maternity pay. 31.01.03 Keeble Hawson
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Flexible Working Now that both drafts of the new flexible working regulations have been published the full impact of the new right for parents to request flexible working, can now be assessed. 14.01.03 Law-Now, Flexible Working Links
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Retention Money The OFT has told three trade associations that they cannot ban their members from entering in to contracts involving retention money 14.01.03 Law-Now

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Yahoo! and Koogle Acquitted A Paris court yesterday acquitted Yahoo! and former CEO Tim Koogle of condoning war crimes in breach of French criminal law by offering Nazi memorabilia for sale on the portal’s US-based internet auction 12.01.03 Masons, Racism Links
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AOL Time Warner
Lost an astonishing $98.7billion in 2002, the biggest annual net loss in US corporate history 30.01.03 Masons
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.uk Tag Transfers Made Easy From February 2003, Nominet (the registry which administers the .uk top
level domain), will have the power to intervene where domain name holders
are having difficulty transferring their domain names to other registration agents or ISPs (tag changes) 31.01.03 Eversheds
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Cyber Libel More on the Australian defendant who sued an American website for libel in his native Australia 31.01.03 Law-Now, Cyber Libel Links
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EasyEverything? The London High Court yesterday ruled that the easyInternetcafé chain infringed copyright laws by offering a commercial service that involved burning downloaded music onto recordable CDs for customers 29.01.03 Masons, Piracy Links
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Anti-Anti-Piracy Policy A coalition of 20 major technology companies, consumer groups and trade associations has launched its public opposition US government proposals to set anti-piracy technological mandates for computers 27.01.03 Masons, Piracy Links
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Napster.no Sued, Loses A Norweigian court has ruled that Napster.no (not connected with Napster.com) has acted in violation of Norway's copyright laws 27.01.03 Masons, Piracy Links
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Cisco Sues Cisco systems has sued Chinese IT giant Huawei Technologies over numerous copyright and patent infringements 24.01.03 Masons, Piracy Links, Patent Links
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AOL Not Guilty A US federal court has ruled that America Online is not liable for 'Hostile Code' sent between users 24.01.03 Masons
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MP3 Offensive RIAA has asked ISP Verizon to provide details of a person thought to be illegally trading music online 22.01.03 Eversheds, Internet Piracy Links
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.nl Domain Available From 29 January, .nl domain names will open up to groups and private individuals from around the globe 04.01.03 Law-Now
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Blogging Web logs may pose serious threats to many corporations who have opened their site to it. They risk damage to their reputation and possible litigation 03.01.03 Eversheds
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eSecurity According to computer weekly, a hacker who broke in to the IT systems of a number of leading travel operators may have been acting on inside information 03.01.03 Eversheds
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Have A Break Nestle, the owner of a registered trade mark "HAVE A BREAK...HAVE A KIT KAT" wished to also register the shortened version of "HAVE A BREAK". Mars opposed the registration 02.01.03 Keeble Hawson
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Employers Own Patents
In copyright and design right cases the issue of ownership often relates to whether an author creates a work in the normal course of employment 11.12.02Law-Now 06.01.03 Keeble Hawson
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