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GLOBAL LAW NEWSLETTER – MAY 2009

WELCOME

The ALFA International - International Law Practice Group would like to welcome you to the May 2009 edition of the Global Law Newsletter, a periodic electronic newsletter focusing on a wide array of articles designed with ALFA International clients and colleagues in mind.

Editor: Joe Marconi, Johnson & Bell, Ltd., Chicago, Illinois, marconij@jbltd.com

FEATURED ARTICLES

SPECIAL LEAVES IN URUGUAY (Uruguay)

Contact: Alfredo Inciarte Blanco (aindiarte@pcig.com.uy), Perez Del Castillio-Inciarte-Gari Abogados, Montevideo, Uruguay

On September 23, 2008 was published Law No. 18345 in the Official Journal. This law gives workers in the private sector special leave with pay for several reasons: study, paternity, adoption, adoptive legitimation, marriage and bereavement. The rule was partially amended by Law No. 18,458 on aspects regarding the study leave, which was the license that had led to more questions. The rules look forward to reach an equalization of private with public employees. For the full article click here.

IMPORTS & EXPORTS (Brazil)

Contact: Marta Rodriques (mar@baptista.com.br), L.O. Baptista Advogados Associados, Sao Paulo, Brazil

Since the beginning of the year, the Government has been working – although discretely – to reduce imports and promote exports, given the significant trade balance deficit in January. In early January a regulation was issued through the SISCOMEX [a system used for processing information on foreign trade operations with the Central Bank of Brazil], imposing a license requirement for a significant amount of Brazilian imports. For the full article click here.

DISCLOSURE OBLIGATIONS FOR DIRECTORS WHO USE THEIR SHAREHOLDINGS AS SECURITY (England)

Author: Alexander Keepin (alexander.keepin@charlesrussell.co.uk), Charles Russell LLP, London, England

The Financial Services Authority (“FSA”) has recently issued guidance which places emphasis on deals by directors, particularly those involving securities. For the full article click here.

DISCOVERY IN FRANCE UNDER THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS (France)

Author: Karim Boulmelh (kboulmelh@courtois-lebel.com) and Eric Borysewicz (eborysewicz@courtois-lebel.com), Courtois-Lebel, Paris, France

In France, the gathering of evidence to be used in a foreign litigation is, to some extent, governed by the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil and Commercial Matters. This article examines important procedures and implications. For the full article click here.

ENFORCEMENT OF PCT IN CHILE AS OF JUNE 2, 2009 (Chile)

Author: Arturo Alessandri Cohn (arturo@alessandri.cl), Alessandri & Compania, Santiago, Chile

On March the 2nd, 2009, the Chilean Government deposited the instrument of accession to the Patent Cooperation Treaty (PCT) before the World Intellectual Property Organization (WIPO), in Geneva, Switzerland. The PCT will enter into force, with respect to Chile, on June the 2nd, 2009, therefore from this date on, nationals and residents of Chile will be entitled to file international applications under the PCT and, at the same time, any international application filed on or after June 2, 2009 will automatically include the designation of Chile. For the full article click here.

THE TRADE ENFORCEMENT ACT OF 2009 (United States)

Author: Edward T. Hayes (ehayes@leakeandersson.com), Leake & Andersson, L.L.P., Lafayette, Louisiana

On January 14, 2009 House Ways and Means Committee Democratic leaders introduced legislation that would significantly strengthen and alter US trade remedy laws and practice. The Trade Enforcement Act of 2009 seeks to reinvigorate domestic practices to fight unfair trade. For the full article click here.

TEARING APART SHAREHOLDER AGREEMENTS IN UKRAINE:

RECENT DEVELOPMENTS AND POSSIBLE TRENDS (Ukraine)

Author: Timur Bondaryev (timur.bondaryev@arzinger.ua) and Markian Malskyy (markian.malskyy@arzinger.ua), Arzinger Law Firm, Kyiv, Ukraine

As Ukraine for the last couple of years has been facing a considerable increase of investments coming from abroad, large and medium scale business being the main playmakers, an escalating interest of the use of shareholder agreements has appeared. This article provides the analysis of the latest developments of corporate court practice in Ukraine, which most certainly will have a negative effect on concluded shareholder agreements as well as on the international commercial arbitration proceedings and choice of foreign governing law options in corporate relations. For the full article click here.

AMENDMENTS TO THE LAW ON LIMITED LIABILITY COMPANIES (Russia)

Author: Dmitry Stepanov (dmitry_stepanov@epam.ru) and Vadim Plekhanov (vadim_plekhanov@epam.ru), Egorov, Puginsky, Afanasiev & Partners, St. Petersburg, Russia

Federal Law № 312–FZ dated 30 December 2008 significantly changed the regulation of Limited Liability Companies in Russia. The New Law provides for amendments to the Civil Code of the Russian Federation, the Federal Law “On Limited Liability Companies LLC”, the Federal Law “On Sate Registration of Legal Entities and Individual Entrepreneurs”, and the Fundamental Principles of Russian Federation Law on Notaries. For the full article click here.

AUSTRALIA – EUROPEAN COMMUNITY – AGREEMENT ON TRADE IN WINE – UPDATE (Australia)

Author: Merryn Cossey (mcossey@cowellclarke.com.au), Cowell Clarke, Adelaide, South Australia

Australia and the European Community signed the ‘Australia – European Community Agreement on Trade in Wine’ on 1 December 2008. The Agreement is expected to come into force in the middle of 2009 once the necessary amendments have been made to Australian domestic laws. From that time, the Agreement will regulate the trade in wine between Australia and the EC. The Agreement replaces the previous wine trading agreement between the parties which came into force in 1994. For the full article click here.

PERSONAL JURISDICTION IN THE UNITED STATES OVER FOREIGN MANUFACTURERS OF GOODS (United States)

Author: Justin H. Volmert (volmertj@jbltd.com), Johnson & Bell, Ltd., Chicago, IL

Illinois trial court did not err when it concluded, based on written discovery and affidavits, that defendant, Taiwanese manufacturer of clipless pedals for bicycles, lacked sufficient contacts for Illinois to exercise personal jurisdiction over it. For the full article click here.

ABOUT ALFA INTERNATIONAL

ALFA International, the global legal network, (www.alfainternational.com) is an organization of independent law firms. ALFA International’s membership is comprised of 132 international law firms (85 U.S. based firms, 47 non U.S. based firms) employing over 8,500 lawyers and 10,000 other legal professionals. Member firms are located in nearly every U.S. state as well as in Canada, Mexico, across Europe, Latin America, South America, and the Pacific Rim. ALFA International’s basic objective, accomplished through its member firms and their activities, is to improve the quality and efficiency of legal services and to provide those services to clients within a reasonable and value oriented cost formula across jurisdictions around the world.